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The first instance verdict pronounced by the Cantonal Court in Tuzla against the former members of the Army of Bosnia and Herzegovina has been made in accordance with the Criminal Code of the former Yugoslavia, not the Criminal Code of Bosnia and Herzegovina, on which the indictment was based.
The Criminal Code of the former Yugoslavia does not contain provisions about genocide and crimes against humanity, while the longest possible sentence for war crimes is twenty years. According to the Criminal Code of Bosnia and Herzegovina, the longest possible sentence is a long term imprisonment lasting for up to 40 years.
The Cantonal Prosecution in Tuzla charged Hamed Salihovic, Nedzad Oric and Azem Ahmic, who acted as accomplices, with having violating the provisions of the international law during the war by conducting an attack against a civilian, who was incapable of fighting. The attack allegedly resulted in severe bodily injuries and the severe deterioration of health of that civilian.
The attack happened in Jasenica village, near Srebrenik on July 17, 1995. According to the charges, Oric, Salihovic and Ahmic stopped a bus in front of Stevo Tesic’s house. The indictment alleges that, when Tesic refused to let some refugees from Srebrenica move into his house, Oric, Salihovic and Ahmic attacked him, causing severe bodily injuries, including multiple fractures and contusions.
After that they drove Tesic, who was unconscious, to the military barracks in Ciljuge village, near Zivinice, about thirty kilometres away from his house, and left him lying on the ground. The indictment alleges that, later that night an unidentified person, who was accommodated in the military barracks in Ciljuge, made a deep cut to Tesic’s throat, leading to his death.
The parties have the right to file an appeal against the Tuzla Cantonal Court’s verdict with the Supreme Court of the Federation of Bosnia and Herzegovina.
A.H.
