Tomic and Josic: Acquitted of Charges

“Tomic and Josic are acquitted of the charges that they acted, as members of the Republika Srpska Army, VRS, contrary to humanitarian law provisions and killed Muradif Ibrahimovic, Izet and Semso Nuhanovic in Marhosi forest on June 26, 1992,” Trial Chamber Chairwoman Vesna Jasenkovic said.

By the first instance verdict, Tomic and Josic are exempt from paying trial costs, while the injured parties are advised to file civil suits.

The Prosecution of Bosnia and Herzegovina charged Tomic and Josic, as members of the VRS, with having “shot at their neighbours, using firearms”, in Marhosi forest in Kozluk, where Bosniaks from the surrounding villages were hiding, on June 26, 1992 and having killed three civilians, while Nurija Nuhanovic managed to run away.

“It is not disputed that Muradif Ibrahimovic, Izet and Semso Nuhanovic were killed, but the way in which they were killed is disputable. The Prosecution of Bosnia and Herzegovina based its allegation that the indictees committed the crime on a statement given by witness Nurija Nuhanovic. However, the witness did not see who killed his son and neighbours. He even said he thought his son had been captured,” Jasenkovic said.

After having considered witness Nuhanovic’s statement, the Trial Chamber determined that it was “illogical for someone, who meets a group of people, not to tell those people who had killed his son and neighbours so that the perpetrators would be punished.”

“Witness Nuhanovic did not file a report with prosecution bodies for five years after the end of the war. The Trial Chamber approached this statement in a critical manner and cautiously, so it tried to find confirmation in other witnesses’ statements, but it could not find it,” Jasenkovic said.

The Trial Chamber determined that the presented evidence was “not strong enough to support a conviction”.

“In order to determine someone’s guilt on the basis of one witness’ statement, the statement has to be clear and beyond doubt and it should be confirmed by other witnesses,” the Trial Chamber said.

The parties can appeal the verdict. The legal deadline for filing an appeal is 15 days after the receipt of a written copy of the verdict.