The new trial of Goran Damjanovic and Zoran Damjanovic is due to begin on November 21, when the indictment will be read and introductory statements presented. At the same hearing the Court will begin hearing witnesses statements.
Bosnias constitutional court overturned the convictions of ten unnamed war criminals after a European human rights court ruling suggested they were tried under the wrong criminal code.
The Court of Bosnia and Herzegovina accepts a request for enabling the renewal of the court proceeding against Abduladhim Maktouf, who was previously sentenced for war crimes.
After Europes human rights court ruled that some defendants were tried under the wrong criminal code, Bosnias constitutional court accepted an appeal from a war crimes convict for his verdict to reconsidered.
After Europes human rights court ruled that some defendants were tried under the wrong criminal code, Bosnias constitutional court accepted an appeal from a war crimes convict for his verdict to reconsidered.
Although the European Court of Human Rights had the ability to do so, it did not ordered to Bosnia and Herzegovina to repeat its proceedings in the case of Damjanovic and Maktouf, but it deemed sufficient to conclude that their rights were violated and to award them the litigation costs. Thus, Bosnia and Herzegovina has no obligation to repeat these two proceedings in order to implement the verdict of the European Court.
The High Judicial and Prosecutorial Council, HJPC of Bosnia and Herzegovina is convinced that the issue of retroactive application of criminal laws following a decision by the European Court for Human Rights in favour of Abduladhim Maktouf and Goran Damjanovic has been solved.
Two convicted war criminals have asked the European Court of Human Rights to confirm that the retroactive use of the Bosnian Criminal Code in their trials violated their human rights.