News in English     | 26.04.2018. 19:26 |

Indictment confirmed in the Nehru Ganić case for war crime in Čemerno

FENA Press release

SARAJEVO, April 26 (FENA) - On 23 April 2018, the Court of Bosnia and Herzegovina confirmed the indictment charging the accused Nehru Ganić 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 Violations of the Law or Customs of War under Article 179, Paragraphs 1 and 2, Subparagraph b), of the CC BiH.

The Indictment charges the accused that during the war in Bosnia and Herzegovina and the armed conflict between the RBiH Territorial Defense (TO RBIH), subsequently the Army of the Republic of Bosnia and Herzegovina (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 in the first half of June 1992, as the TO Breza Municipal Staff Commander and de facto and de iure superior commander to the 1st OpŠTO Breza Detachment (the Sretno Detachment) commander Džemal Hadžić, his subordinate members of the given Detachment and the attached I and II OpŠTO Kakanj companies, in violation of the rules of international humanitarian law, specifically Article 3(1), Subparagraphs a) and c), and Paragraphs 2, 13, 129 and 130 of the Geneva Convention (III) relative to the Treatment of Prisoners of War of 12 August 1949; Article 3(1), Subparagraphs a) and c), and Paragraph 2; Articles 16(1), 32, 33, 53, 146 and 147 of the Geneva Convention (IV) for the Protection of Civilian Persons in Time of War of 12 August 1949; Articles 28 and 51, Paragraphs 2, 4 and 5; Articles 40, 41, 48, 51, 52, 54, 57, 58, 75, 85(3), 86 and 87 of Additional Protocol I to the Geneva Convention of 12 August 1949 relating to the Protection of Victims of International Armed Conflicts; Article 4, Paragraphs 1 and 2, Subparagraphs a), b), d), e), g); Articles 7, 8, 9, 10, 11, 13 and 14 of Additional Protocol II to the Geneva Convention of 12 August 1949 relating to the Protection of Victims of Non-International Armed Conflicts; Articles 3, 4, 23 and 25 of the Regulations concerning the Laws and Customs of War on Land, which is an integral part of the Convention respecting the Laws and Customs of War on Land of 18 July 1907 (IV Hague Convention), in the manner that, even though he knew or had reason to know that his subordinate commander of the 1st OpŠTO Breza Detachment (the Sretno Detachment), Džemal Hadžić, members of the Detachment and the attached OpŠTO Kakanj companies, who were subordinated to the 1st OpŠTO Breza Detachment Commander Džemal Hadžić, namely II OpŠTO Kakanj Company Commander Teufik Turdić, and members of the 2nd Platoon of II Company TO Kakanj: Džemal Smolo, Senad Sikira, Benjamin Sikira and Haris Sikira, in collaboration with OpŠTO Ilijaš members and members of the MUP RBiH, SJB Ilijaš active and reserve police force, were preparing to commit criminal offenses within the attack on the village of Čemerno, whose plan and objective was to, inter alia, deliberately kill all Serbs in the village, without discriminating between civilians and VRS soldiers, including the captured civilians and VRS members who had laid down their arms, and the excessive and militarily unjustifiable destruction of their movable and immovable property (common criminal design), he failed to take the necessary and reasonable measures to prevent the perpetration of the criminal offense, or to punish the perpetrators, stated the BiH Court.

(FENA) S. R.

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