Repeated trial against the accused Boban Šimšić for criminal act of crime against humanity, committed in Višegrad municipality in 1992, commenced before the Council of Appellate Section of the War Crime Department I of the Bosnia and Herzegovina State Court in Sarajevo on 09 March 2007. 

INDICTMENT (SUMMARY) 

The repeated trial No:X-KRŽ/05/04 commenced before the Council of Appellate Section of the War Crime Department I of the Bosnia and Herzegovina State Court on 09 March 2007, following the indictment No: KT-RZ-2/05 which had been issued by the Bosnia and Herzegovina State Attorney’s Office, War Crime Department on 28 June 2005, in case of criminal act of crime against humanity specified in Article 172, Paragraph 1 of the Penal Law of Bosnia and Herzegovina. 

The indictment states that the accused Boban Šimšić, together with other members of the Serb army and police, was assisting and participating in persecution of Bosnian civilians on the territory of Višegrad municipality in period between April 1992 and July 1992. In the period from May 1992 until July 1992, the accused was participating in the attacks on villages Žlijeb, Velji Lug, Kuka and other villages in Višegrad municipality, and was also participating in multiple murders, rapes, torture, inflicting serious injuries, forcible confiscation of money and jewellery, illegal detention and forcible arrests of Bosnian civilians who went missing from the „Hasan Veletovac“ elementary school and fire-brigade hall in Višegrad. 

REPORTS FROM HEARINGS 

Before the Council of Appellate Section of the War Crime Department I of the Bosnia and Herzegovina State Court, constituted of judge Azra Miletić (the Council President, local judge), and judges Lynghjem Finn and Solaes Jose Ricardo Juan de Prada (the Council members, international judges), the indictment is represented by Ibro Bulić, the Bosnia and Herzegovina State Attorney’s Office Prosecutor. 

Defence lawyer for the accused: Veljko Čivša. 

The repeated trial commenced on 09 March 2007. The accused Boban Šimšić is being kept in custody. 

SUMMARY OF VERDICT 

On 11 July 2006, judge Dragomir Vukoje, President of the Council of War Crime Department I of the Bosnia and Herzegovina State Court, released the verdict which ended the first-instance court trial which had been held for criminal act of crime against humanity described in Article 172, Paragraph 1 of the Penal Law of Bosnia and Herzegovina. 

The verdict was passed and the accused was found guilty and sentenced to a 5-year- prison term, including the time the accused already spent in custody, starting from 24 January 2005 onwards. 

Both parties, the Bosnia and Herzegovina State Attorney’s Office, and Boban Šimšić’s defence lawyer lodged appeals against the judgement. 

With its decision No: KRŽ 05/04 dated on 05 January 2007, the Council of Appellate Section of the War Crime Department I of the Bosnia and Herzegovina State Court annulled the verdict No: X-KR-05/04 passed by the Council of Penal Section of the War Crime Department I in Sarajevo. The same decision prescribed the hearing to be held before the Council of Appellate Section of the War Crime Department I of the Bosnia and Herzegovina State Court. Counts of the verdict pertaining to judgement of conviction and judgement of acquittal were annulled due to serious violations of regulations of the penal proceedings and due to incorrectly and incompletely established facts. 

PRESS-CLIPPING 

Trials held before the Bosnia and Herzegovina State Court in Sarajevo are regularly covered by Balkan Investigative Reporting Regional Network – BIRN newsreporters. Their daily reports from trials, as well as their investigation surveys, can be found at the following web sites:

- www.bim.ba 
- www.birn.eu.com

Zločin u Višegradu - Izvještaji sa suđenja

Prvostupanjska presuda - Boban Šimšić

Drugostupanjsko rjesenje o ukidanju prvostupanjske presude - Boban Šimšić

Drugostupanjska presuda - Boban Šimšić

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