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“The allegations contained in the appeal are grounded,” says the Supreme Court of FBiH in its decision, revoking the first instance verdict against Ivan Koler pronounced by the Cantonal Court in Tuzla.
The Tuzla Cantonal Prosecution filed the appeal, because it considered that the first instance Court failed to specify which decisive facts it considered to be proved or unproved and list specific and complete reasons for which it determined that indictee Ivan Koler’s actions did not reach the level of inhumane treatment, which was necessary for existence of a crime.
Under the first instance verdict, Koler was acquitted of the charges due to lack of evidence related to intentional causing of suffering and injuries of prisoners.
The Prosecution charges Koler, former member of the Military Police Company with the District Headquarters of the Territorial Defence in Tuzla, with having worked as a guard in the District Military Prison, where he treated prisoners of war in an inhumane manner, causing them severe bodily pain and mental suffering, in the period from the beginning of June to the end of August 1992.
Most of the prisoners were brought to the District Military Prison after having been wounded, as regular or mobilised members of the Yugoslav National army, JNA, during the events that took place in Brcanska Malta on May 15, 1992 and treated in the Tuzla hospital.
The Supreme Court of FBiH revoked the verdict, explaining that the first instance Court failed to specify what international standards were considered in order to decide whether a certain action represented inhumane treatment or not.
The Supreme Court ordered a new trial against Koler.
