Šefik Alić was found guilty because on 05 August 1995 as the Assistant Commander for Security of the Hamza Battalion of 505th Brigade of the 5th Corps of the BiH Army, whose duties and responsibilities included the questioning of prisoners, providing protection and securing their safe passage to the Brigade Command, he acted in contravention of the rules of international law inasmuch as he, together with Tewfik Al Harbi, irregular soldier, during the military operation named „Oluja“, in which members of the Hamza Battalion captured four members of the Army of Srpska Krajina, in whose physical and mental abuse he personally participated as well as in depriving them of their lives, in a way that despite the fact that he had a duty to protect them he failed to do so, which specifically includes his failure to prevent Tewfik Al Harbi from having further contact with the prisoners even though he was aware of a realistic danger and risk that Tewfik Al Harbi posed to the prisoners.
Under the 11 April 2008 the First Instance Verdict the Trial Panel acquitted Šefik Alić of charges that he committed the aforesaid criminal offence.
The Prosecutor of the BiH Prosecutor's Office filed a timely appeal from the aforementioned verdict, moving that the Appellate Panel revoke the First Instance Verdict and order a hearing before a Panel of the Appellate Division. The appeal filed by the BiH Prosecutor's Office was granted, while the verdict of the Court was revoked in the BiH Court's Decision dated 23 March 2009, and a hearing was ordered to take place before the Appellate Panel.
The Appellate Panel found that the appeal by the BiH Prosecutor's Office was well-founded, that the First Instance Panel erroneously and incompletely established the state of facts, and that the challenged verdict contained wrong conclusions about decisive facts, which resulted in misapplication of substantive law by the First Instance Panel.
During the new proceedings the Appellate Panel listened to the audio recordings of evidence given by both the BiH Prosecutor's Office's and Defense's witnesses during the first instance proceedings and accepted all documentary evidence that was presented.