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Presenting its case before the appeals chamber, the state prosecution said the first instance chamber failed to consider the large number of crimes committed by Rackovic as an aggravating circumstance. The state prosecution said the injured parties, some of whom were former colleagues of the defendant, were still dealing with the consequences of those crimes.
“We would like to point out that the chamber overrated the mitigating circumstances regarding the defendant’s age,” prosecutor Dzevad Muratbegovic said.
Muratbegovic said Rackovic demonstrated unjustifiable cruelty when committing his crimes and proposed that the appeals chamber increase his prison sentence.
Last year the state court sentenced Vitomir Rackovic to 12 years in prison for the rape, unlawful arrest, interrogation and assault of Bosniak civilians from villages in the Visegrad area. The court acquitted Rackovic on two counts, in which he was charged with participating in the arrest of two civilians in the village of Crni Vrh and setting Bosniak houses in the village of Kabernik on fire.
Defense attorney Petko Pavlovic didn’t present appeal allegations at this hearing, and said he stuck to his written claims.
Appeals chamber chairman Mirko Bozovic said the defense appealed based on the violation of provisions in the Criminal Code, the incompletely determined factual status of the case and the violation of the European Convention for the Protection of Human Rights.
The defense proposed that the court acquit Rackovic. Alternatively, the defense proposed that the court repeal the portion of the verdict finding Rackovic guilty while confirming the counts where he was found not guilty.
Pavlovic handed over Rackovic’s medical documentation to the court, explaining that his client suffered from lung cancer. He asked the chamber to allow Rackovic to go to Serbia for a medical examination. Rackovic is defending himself while at liberty under prohibitive measures.
The chamber will render a decision concerning the appeals at a later stage.
