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In October 2013 the Constitutional Court of Bosnia and Herzegovina, BiH, quashed the second instance verdict against Pekez due to wrong application of the Criminal Code. He was sentenced according to the Criminal Code of BiH, but, in its decision the Constitutional Court of BiH said that his sentenced might have been shorter had the Criminal Code of the former Yugoslavia been applied.
“I am asking for the renewal of my trial,” Pekez said, adding that he was sentenced, because “the whole thing was a setup”.
Renewal of trial implies presentation of evidence, which was always presented at the previous trial.
His Defence attorney Dusko Panic requested the Appellate Chamber of the Court of BiH to sentence the indictee according to the Law of the former Yugoslavia and shorten it “as much as possible”, in case it did not approve the trial renewal request.
Prosecutor Mirko Lecic proposed that Pekez be sentenced according to the Criminal Code of the former Yugoslavia without the renewal of his trial.
Appellate Chamber Chairman Hilmo Vucinic said that the Criminal Proceedings Code of BiH did not cover the situations that follow the revocation of second instance verdicts. He said that a decision concerning the State Prosecution’s and Defence’s motions will be rendered at a later stage.
Mirko (son of Mile) Pekez, was sentenced, along with Mirko (son of Spiro) Pekez and Milorad Savic, under a second instance verdict, for crimes in Tisovac village, near Jajce, where 23 Bosniak civilians were killed on September 10, 1992.
In 2008 the Appellate Chamber of the Court of Bosnia and Herzegovina confirmed the first instance verdict against Mirko (son of Mile) Pekez and ordered a retrial of Mirko (son of Spiro) Pekez and Savic before the Appellate Chamber of the Court of BiH.
After the Constitutional Court of BiH quashed the second instance verdict, the cases were separated, because they were in a different stage.
The Pekezs and Savic spent about six years in prison. The Court of Bosnia and Herzegovina ordered their release in mid-November 2013.