The Accused has been in custody since 14 February 2008. The Appellate Division Panel rendered the decision on 1 December 2010 ordering the accused into custody which starts to run from 30 October 2010 and may last until he is committed to prison, which is not to exceed the prison term he has received.
19.02.2009. Nikačević Miodrag
12.07.2010. Nikačević Miodrag
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Factual allegations in the Indictment:
As alleged in the Indictment, in mid-April 1992, armed and wearing a uniform Nikačević entered the apartment of a Bosniak woman, saying he came there to pick up her technical items. Immediately upon entering the apartment, the Accused allegedly started touching the Bosniak woman all over her body, despite her pleas not to do so. After that, swearing and yelling, the Accused allegedly forced her into sexual intercourse. The Indictment further alleges that in mid-July 1992, the Accused came to the apartment of another Bosniak woman, which was located right across from the Accused’s apartment, demanding that her daughter come to his apartment, purportedly to clean it up, threatening that she would cry for her brother if she did not come. The Accused is then alleged to have raped her after she finished cleaning up his apartment. On 2 August 1992, as alleged in the indictment, armed and together with two other members of the armed forces of Republika Srpska, the Accused Nikačević took part in the abduction, and later on in the unlawful detention of a Bosniak civilian in the KPD Foca. The civilian was afterwards allegedly taken from the Penal and Correctional Facility (KPD) by unidentified persons on an undetermined day, and killed at an unknown location.
Counts of the Indictment:
Miodrag Nikačević is charged with Crimes Against Humanity pursuant to Article 172(1) of the Criminal Code of BiH (CC BiH), in conjunction with the following items:
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
g) Coercing another by force or by threat of immediate attack upon his life or limb, to sexual intercourse or an equivalent sexual act (rape).
All in conjunction with Article 180(1) (individual criminal responsibility) of the CC BiH.
Course of the proceedings:
The Indictment was confirmed on 17 March 2008.
On 27 March 2008 the Accused pleaded not guilty to all counts of the Indictment.
On 29 April 2008 the main trial commenced.
On 19 february 2009 the Court pronounced the First-instance Verdict finding the Accused Nikačević guilty of the criminal offence of Crimes against Humanity and sentencing him to 8 (eight) years of imprisonment.
On 1 December 2010, the Appellate Division Panel rendered the Second Instance Verdict, partially granting the respective Appeals by the BiH Prosecutor's Office, the accused Miodrag Nikačević and his Defense, and revised the First Instance Verdict dated 19 February 2009, so that the accused Miodrag Nikačević is now acquitted of the charges that he committed the criminal offence of Crimes against Humanity in violation of Article 172(1) item e) (imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law) of the CC BiH. The first-instance Verdict of the Court was also modified with the respect to the decision on the criminal sanction; so that the accused Nikačević was found guilty of the criminal offence of Crimes against Humanity in violation of Article 172(1) (g) (rape) of the CC BiH and sentenced to ten years of imprisonment.