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The decision was made after the European Court for Human Rights determined, in July this year, that the Court of Bosnia and Herzegovina wrongly applied the Criminal Code of Bosnia and Herzegovina from 2003 at the trials of Abduladhim Maktouf and Goran Damjanovic.
“Considering the fact that the European Court for Human Rights determined the violation of the European Conventions for protection of human rights in the case of convict Abduladhim Maktouf due to the fact that the criminal provisions from the Criminal Code of the Socialist Federative Republic of Yugoslavia should have been applied instead the provisions from the Criminal Code of Bosnia and Herzegovina from 2003 at his trial, the conditions for the renewal of the trial have been fulfilled,” the Court of Bosnia and Herzegovina announced.
Maktouf was sentenced to five years in prison for having participated in crimes against civilians in Travnik municipality in October 1993. According to the verdict, Maktouf assisted in the unlawful arrests, detention and kidnapping of five Croat civilians.
Under its decision, the Court of Bosnia and Herzegovina ordered that a new trial be held. The deadline for filing appeals against the decision is three days.
After having served his sentence, Maktouf, who was sentenced under a second instance verdict in 2006, left Bosnia and Herzegovina.
Last week the Court of Bosnia and Herzegovina approved the renewal of trials against Goran and Zoran Damjanovic, who too were sentenced according to the Criminal Code of Bosnia and Herzegovina.
