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State Prosecutor Slavica Terzic appealed both the conviction and acquitting part of the verdict, saying that the 11-year prison term was too short and asking the Court to revise the first instance verdict.
Terzic said that convict Osmic committed crimes against civilians, not against soldiers, as stated under the verdict.
Besides that, the Prosecution of Bosnia and Herzegovina appealed the wrongly determined facts, saying that the people, who had been captured, handed their weapons over, so they could no longer be categorised as soldiers, but civilians.
Under the first instance verdict pronounced on March 4 this year, Osmic was found guilty of war crimes against prisoners of war, who were held in various buildings in Bugojno. Considering the sentence pronounced in his case, the Court ordered him into custody “by force of law”.
According to the verdict, Osmic, former member of military police with the 307th Motorised Brigade of the Army of Bosnia and Herzegovina, ABiH, is guilty of having acted contrary to the international humanitarian law provisions, committing murders and causing severe bodily injuries to people, in a private garage in Donjici village, “Marxist Center – Cloister” and “BH banka” premises during the war, from July 18, 1993 to March 19, 1994.
Osmic was acquitted of the charges that he was present when prisoners collected corpses, dug graves and performed other works at the City Cemetery, while being subjected to beating, which led to the death of
prisoner Mario Zrno.
Vasvija Vidovic, Defence attorney of Osmic, presented her appeal, saying that the first instance Chamber omitted the fact that the convict executed actions as per orders issued by his superiors.
“Osmic executed the crimes described in all counts of the indictment, as per orders issued by Enes Handzic, Assistant Commander for Security with the 307th Brigade of the Army of Bosnia and Herzegovina,” Vidovic said.
After concluding a guilt admission agreement with the Prosecution of Bosnia and Herzegovina, Handzic was sentenced to eight years in prison for crimes in Bugojno.
She said that the names of accomplices and the way in which the crimes were committed were omitted from the verdict, adding that the time period was extended in comparison to the time period covered under the indictment.
“The Defence had to be informed why the change was made, but the verdict did not contain any explanations,” Osmic’s Defence attorney said, adding that, in the end the sentence was “too long”.
The Appellate Chamber will render its decision at a later stage.
M.B.
