The Bosnian prosecution called for a retrial in the case of former Bosnian Serb soldier Boro Milojica, who was convicted of killings in the Prijedor area in 1992, and another ex-soldier who was acquitted.
The Bosnian prosecution on Friday called on the appeals chamber of the state court to quash the verdict sentencing Boro Milojica to eight years in prison and acquitting another former Bosnian Serb soldier, Zelislav Rivic, and to order a new trial to be held.
The prosecution believes that the eight-year sentence was inadequate, and argued that if a retrial is not held, a higher sentence should be imposed on Milojica, who was convicted in June this year of crimes against humanity.
The first-instance verdict found Milojica, a former member of the 6th Ljubija Battalion of the Bosnian Serb Army, guilty on two counts of the murder of Bosniak civilians in the village of Hambarine in the Prijedor area in July 1992.
But Milojica and Rivic, a former member of the same battalion, were acquitted of the murders of Roma, Bosniak and Croat civilians in July 1992.
The prosecution argued that the verdict was invalid because it used both the Bosnian criminal code and the old Yugoslav criminal code.
“By applying two laws to the same judgement, the criminal code has been violated,” said prosecutor Sedin Idrizovic.
It also argued that the facts of the case had not been correctly established.
Milojica’s lawyer also appealed against the verdict, calling for a retrial or an acquittal.
Rivic’s lawyer said the first-instance verdict was correct and should be allowed to stand.
The appeals chamber will make its ruling at a later stage.