News in English     | 14.06.2018. 13:25 |

BiH Court - Appeal filed by Ivan Medić’s Defense partly granted

FENA Press release

SARAJEVO, June 14 (FENA) - In the criminal case against the accused Ivan Medić and Tonćo Rajič, the Appellate Division Panel of Section I for War Crimes at the Court of Bosnia and Herzegovina has delivered a judgment dismissing as ill-founded the appeal filed by the BiH Prosecutor's Office and the appeal filed by the legal representative of the injured parties – protected witnesses under pseudonyms „A“ and „B“ in relation to the conviction and the accused Ivan Medić, while the appeal filed by defense counsel for the accused Ivan Medić is partly granted, so the judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 021173 16 Kri of 17 November 2017, is modified with regard to the sentencing decision. By applying Article 49(1) as read with Article 48(2)3 of the CC SFRY, the Court of BiH now sentences the accused Ivan Medić to a compound sentence of 12 (twelve) years of imprisonment, with the time he spent in pre-trial custody from 22 February 2012 to 18 September 2012, as well as in serving his punishment under the mentioned final judgment, from 9 February 2017 onwards, being credited towards his existing sentence, in accordance with Article 50(1) of the CC SFRY.

The prosecutor’s appeal in relation to the acquittal and in relation to the accused Tonćo Rajič is granted, so the judgment of the Court of BiH No. S 1 1 K 021173 16 Kri of 17 Nov. 2017 is revoked in terms of acquittal, and in that part a retrial is ordered before the Appellate Division Panel.

The Trial Judgment of the Court of BiH No. S 1 1 K 021173 16 Kri od 17 Nov. 2017 found the accused Ivan Medić guilty of the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of the Socialist Federative Republic of Yugoslavia (the CC SFRY), and the criminal offense of War Crimes against Civilians under Article 142(1) as read with Article 22 of the CC SFRY, so by applying Article 285(1) of the CPC BiH and Articles 33, 38, and 41 of the CC SFRY, the Court imposed on him a compound sentence of 14 years of imprisonment.

The same judgment acquitted the accused Tonćo Rajič, pursuant to Article 284, Subparagraph c), of the CPC BiH, of the charges that he committed the acts described in the acquittal, whereby he would have committed the criminal offense of War Crimes against Civilians under Article 173(1)c) of the CC BiH as read with Article 180(1) and Article 21 of the CC BiH.

The BiH Prosecutor's Office has duly filed an appeal due to essential violations of criminal procedure, criminal code, incorrectly or incompletely established facts and the sentencing decision, moving the Appellate Division Panel to grant the appeal concerning the conviction and modify the judgment in that part, and impose on the accused Ivan Medić a harsher punishment for the committed criminal offense and decide on property claims, while in relation to the acquittal it moved the Panel to grant the appeal and modify the trial judgment by finding the accused Tonćo Rajič guilty and impose on him a sentence of imprisonment prescribed for the given criminal offense, or revoke the trial judgment in that part and order a retrial.

The accused Ivan Medić filed an appeal from the trial judgment through his defense counsel, on all grounds of appeals envisioned by Article 296 of the CPC BiH, moving the Appellate Division Panel to grant the appeal, modify the challenged judgment and render another judgment dismissing the charges, or a judgment acquitting the accused of the charges, or revoke the trial judgment and order a retrial before the Appellate Division Panel.

Legal representatives of the injured parties – protected witnesses under pseudonyms „A“ and „B“ filed an appeal from the property claim decision, moving the Appellate Division Panel, under Article 310 of the CPC BiH, to grant the appeal and modify the challenged judgment in the part relating to Section VI of the Judgment, by granting it as well-founded in its entirety.

Both parties filed their responses to the respective appeals of the opposing parties, moving that the appeals be dismissed as ill-founded. The accused Ivan Medić himself also filed a response to the appeal filed by legal representatives of the injured parties – protected witnesses under pseudonyms „A“ and „B“, moving that it too be dismissed as ill-founded.

On 8 May 2018, pursuant to Article 304(4) of the CPC BiH, the Appellate Division Panel held a public session to decide on the appeals, where the appellants stated they adhered to the arguments presented in the respective appeals, as well as in relevant responses to appeals, stated the BiH Court.

(FENA) S. R.

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