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The Supreme Court returned the case to the Cantonal Court in Mostar for a retrial.
Ilhana Tahmaz-Jamak, Spokesperson of the Supreme Court, said that the verdict was quashed due to significant violations of the criminal proceedings provisions, adding that the Mostar Cantonal Prosecution’s appeal against the part of the verdict, acquitting the indictee of charges, and the Defence’s appeal against the convicting part of the verdict had been accepted.
“The explanation indicates that the evidence, which was presented before, will be presented again before the Cantonal Court in Mostar. After it has carefully and scrupulously reviewed all the pieces of evidence, the Court will be able to render a correct verdict based on the law,” Tahmaz-Jamak said.
In June 2012 the Mostar Cantonal Court pronounced Jarak, former member of “Knez Domagoj” Brigade with the Croatian Defence Council, HVO, guilty of having participated in the unlawful detention and forced relocation of the Bosniak population from Stolac.
According to the verdict, on July 17, 1993 the indictee, who was accompanied by two other HVO members, arrested three persons in Osanici village and took them to a house, in which the HVO Command was situated, knowing that they would be taken to Kostana hospital and Dretelj later on. Besides that, he was sentenced for forced resettlement of the local population from Stolac, from which women and children were transported to Blagaj, while men were taken to detention camps.
Jarak was acquitted of the charges that he visited the house of Munib and Muhiba Topic several times and threatened them by saying that he would set them all on fire, so Muhiba Topic committed suicide due to his threats.
