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The cantonal prosecution of Sarajevo has asked the Supreme Court of the Federation of Bosnia and Herzegovina to rescind the acquittal of Samir Bejtic. Bejtic’s defense asked the Supreme Court to confirm the acquittal.
Bejtic, a former member of the Tenth Mountain Brigade of the Bosnian Army, has been charged with war crimes in the area of Kazani, near Sarajevo.
According to federal prosecutor Tihomir Jurko, the criminal proceedings which led to Bejtic’s first instance verdict were riddled with violations, as well as incorrect and incomplete facts.
“We support the appeal and the proposal to revoke the verdict, in order return the case to the first instance court,” Jurko said.
Bejtic’s defense attorney, Fahrija Karkin, didn’t file a written response to the appeal, because he considered it unnecessary. At this hearing he asked the court to reject the prosecution’s appeal as unfounded.
“Calling on substantive violations of the criminal proceedings is just an allegation contained in the appeal, but it is not explained at all…This process has been ongoing for more than ten years. It has been reviewed before this court and the cantonal court several times. The appeal only expresses regret over the wrongly determined factual status,” said Karkin.
In December 2011, the cantonal court in Sarajevo acquitted Bejtic of charges that he participated in the murder of Serbs in Kazani in 1992 and 1993.
Bejtic was extradited from Germany 13 years ago. In 2006 he was sentenced to 14 and a half years in prison for crimes committed in Kazani. Afterwards he was acquitted twice, in 2008 and 2011.
The court will render a decision on the appeal at a later stage.
