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According to the first instance verdict, on June 27, 1992 Kadic forced a Serb woman to have sexual intercourse with him several times after having taken her from her house to a nearby hill.
Trial Chamber Chairman Enes Malicbegovic explained that the injured party’s testimony was completely convincing and clear and that it was confirmed by other Prosecution witnesses.
Objections, saying that this crime had already been covered by previous verdicts, have been rejected, because, as said by Malicbegovic, previous proceedings related to this crime were not completed by pronouncement of a second instance verdict.
“Under the war circumstances, as was the case here, breaking of the resistance is assumed. The injured party was in fear for her own life, so the Defence’s allegation that the injured party did not offer resistance has not been accepted,” the Chamber Chairman said.
The Chamber took the fact that the indictee behaved in a correct manner as a mitigating circumstance.
The parties have the right to appeal the first instance verdict with the Supreme Court of FBiH.
