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This post is also available in: Bosnian

Boro Milojica i Zelislav Rivic. Photo: Bosnia’s state court

Presenting its closing arguments at the retrial of Milojica and Rivic, the Prosecution of Bosnia and Herzegovina said it maintained its closing statement presented at the end of the first instance trial.

The retrial of Milojica and Rivic was held as the Appeals Chamber quashed the first instance verdict, sentencing Milojica to eight years in prison and acquitting Rivic of charges.

Under the first instance verdict passed down in June last year, Milojica, former member of the Sixth Ljubijski Battalion of the Bosnian Serb Army, VRS, was found guilty on two counts of committing murders of Bosniak civilians in Hambarine in July 1992 and sentenced to eight years’ imprisonment.

Under the same verdict, Milojica and Rivic were acquitted on four counts of having committed murders of Roma, Bosniak and Croat civilians in the Prijedor area in July 1992 in their capacity as members of the Ljubijski Battalion.

The Prosecution pointed out that it considered it had proved the elements of the said criminal offences through witnesses’ testimonies and material evidence.

“What is important for all prosecution witnesses is the fact that their probative value has not been brought into question by the defense teams,” prosecutor Sedin Idrizovic said, calling on the Court to sentence the defendants in accordance with the law.

The defense of Milojica and Rivic also pointed out they maintained their first instance closing statements.
“I consider that no crimes from the six counts have been proved beyond reasonable doubt, so I propose a verdict of release,” Milojica’s attorney Ranko Dakic said.

He also said that, in case a verdict of conviction would be pronounced and sanction imposed, the Chamber should bear in mind that Milojica had previously been sentenced to seven years for war crimes against the civilian population and he had served the imprisonment sentence already.

“I did nothing wrong,” defendant Milojica said, addressing the Chamber.

Sasa Dakic, who represents Rivic, said the Prosecution had not proved, beyond reasonable doubt, his client’s participation in the event charged upon him, calling on the Court to acquit Rivic on two counts.

He also said that he considered that a general condition of elements of crime against humanity had not been met, adding that the Criminal Code of the former Yugoslavia should be applied as it was more lenient.

Defendant Rivic also addressed the Court, saying he didn’t feel guilty.

The trial in this case began in June 2017.

 

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