News in English     | 02.02.2018. 13:39 |

BiH Court:Indictment confirmed in the case of Džemal Hadžić et al. for war crime

FENA Press release

SARAJEVO, February 2 (FENA) - On 30 January 2018 the Court of Bosnia and Herzegovina confirmed the Indictment charging the accused Džemal Hadžić, Teufik Turudić, Džemal Smolo, Senad Sikira, Benjamin Sikira, Haris Sikira, Enes Durak, Mirsad Bešlija, Nusret Bešlija, Mirzet Bešlija and Hamdija Spahić with the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs a), b), c) and f) of the Criminal Code of Bosnia and Herzegovina (CC BiH), the criminal offense of War Crimes against Prisoners of War under Article 175(1)a) of the CC BiH, the criminal offense of Organizing a Group of People and Instigating the Perpetration of Genocide, Crimes against Humanity and War Crimes under Article 176(1) and (2) of the CC BiH, and the criminal offense of Violations of the Laws or Customs of War under Article 179(1) and (2)b) of the CC BiH, all in conjunction with Articles 21, 29, 30, 31, 35, 176(1), (2) and (4), Articles 180(1), 247, 248 and 249 of the CC BiH.

The Indictment charges the accused that during the war in Bosnia and Herzegovina and the armed conflict between the Territorial Defense of RBiH (TO RBiH), subsequently the Army of the Republic of Bosnia and Herzegovina (the Army of RBiH), and the Army of the Serb Republic of Bosnia and Herzegovina, subsequently the Army of Republika Srpska (VRS), in late May and first half of June 1992, as members of the Territorial Defense RBiH (TO RBiH) and active and reserve police units of the MIA RBiH, Džemal Hadžić as Commander of the 1st Squad TO Breza (the “Sretno (Good Luck Squad)“) with resubordinated members of the I and II companies of the TO Kakanj; Teufik Turdić as Commander of the II company TO Kakanj, resubordinated to Commander of the 1st Squad TO Breza ((the “Sretno (Good Luck Squad)“); Džemal Smolo, as a member of the 2nd Platoon II Company TO Kakanj; Senad Sikira as a member of the 2nd Platoon II Company TO Kakanj; Benjamin Sikira, as a member of the 2nd Platoon II Company TO Kakanj; Haris Sikira, as a member of the 2nd Platoon II Company TO Kakanj; Enes Durak as an active police officer at Ilijaš, Police station (S.o.P.) Ljubina and Head of the active and reserve police at the SJB Ilijaš, S.O.P. Ljubina; Mirsad Bešlija as TO Korita company commander, which belonged to TO Ilijaš; Nusret Bešlija as a member of the TO Ilijaš, TO Korita troop; Mirzet Bešlija as a member of the TO Ilijaš, TO Korita troop, and Hamdija Spahić, as a member of the SJB Ilijaš, acted in violation of the rules of international humanitarian law, specifically the Geneva Convention (III) relative to the Treatment of Prisoners of War of 12 August 1949, the Geneva Convention (IV) for the Protection of Civilian Persons in Time of War of 12 August 1949, Protocol I Additional to the Geneva Conventions of 12 August 1949 relating to the protection of victims of international conflicts, Protocol II Additional to the Geneva Conventions of 12 August 1949 relating to the protection of victims of non-international conflicts, and the Regulations concerning the Laws and Customs of War on Land, as an integral part of the Convention respecting the Laws and Customs of War on Land of 18 October 1907 (IV Hague Convention).

Together with other persons known to them, they knowingly and willingly participated in the joint criminal enterprise whose design and purpose was a deliberate murder of all Serbs in the village of Čemerno, without any discrimination between civilians and VRS soldiers, including the captured civilians and VRS soldiers who have laid down their arms, and, by using excessive force not warranted by military needs, in the destruction of their real and movable property (common criminal purpose), stated the BiH Court.

(FENA)
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