Samardzija: First Instance Verdict Revoked

The appeals chamber of the War Crimes Chamber of BiH Court has rendered a decision revoking the first instance verdict against Marko Samardzija, which was passed on 3 November 2006.

The first instance verdict sentenced the indictee to 26 years long imprisonment for co-participation in crimes committed on the territory of Kljuc municipality in 1992.

The Prosecution considers Samardzija, in his capacity as a commander of the 3rd Troop of Sanica Battalion, 17th Light Infantry Brigade of Republika Srpska Army, guilty of the deportation and murder of a large number of civilians from the hamlets of Brkici and Balagica Brdo.

Both parties filed appeals asking for a new trial, because they considered that “wrong and incomplete factual status was determined” in the first instance verdict.

Zlatko Knezevic, defence attorney, asked for the revocation of the first instance verdict and for the initiation of a new trial because the sentence was actually a “life sentence” bearing in mind the indictee’s age (70 years).

But Prosecutor Vesna Ilic asked the appeals chamber to initiate a retrial so that “a new sentence, higher than 26 years” would be rendered.

The Chamber has partially upheld the appeals of the indictee and his attorney, and it therefore has rendered a decision revoking the first instance verdict.

Judges also rendered a decision to start a new trial at which both parties will present their evidence again.