Cases in trial or on appeal against verdict

Documents 11.04.2008. Alić Šefik First instance 23.03.2009. Alić Šefik Second instance decision on revocation of the first instance verdict All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

Factual allegations in the indictment:

The indictment alleges that during an armed conflict between the Army of Bosnia and Herzegovina (BiH) and the Army of Srpska Krajina on the territory of BiH and Republic of Croatia, as an assistant to the commander for security of the Hamza Battalion of the 505th Brigade of the 5th Corps Army of BiH, Šefik Alić acted contrary to the provisions of the Geneva Conventions.  The indictment alleges that the Accused participated in the physical and mental abuse of prisoners of war, and that as a person with responsibility, he failed to take all the necessary and reasonable steps to prevent or punish the perpetrators.  

According to the indictment, on 5 August 1995, the Accused participated in the Oluja military operation during which members of the Hamza Battalion captured four members of the Army of Srpska Krajina in the Croatian territory.  The indictment further alleges that the Accused took custody and responsibility for the protection of the lives and well-being of these captives.  Together with other individuals, the Accused allegedly physically and mentally abused the captives.

The Accused allegedly failed to prevent Al Harabi Tewfik (over whom, according to the indictment, he had effective control) from having contact with these captives.  At one point, with the other members of the Hamza Battalion, Al Harabi Tewfik allegedly killed all four captives using a riffle.  The indictment alleges that following this incident, despite knowing or having reasons to know that the killings had occurred , the Accused failed to inform his superiors.

Counts in the indictment:

Šefik Alić is charged with War crimes against prisoners of war pursuant to Article 175 (a) (inhumane treatment, murder) of the Criminal Code of Bosnia and Herzegovina in conjunction with Articles 21, 35, and Article 180 (1)(2) (individual and command responsibility).

Course of the proceedings:

The indictment was confirmed on 31 January 2007. 

On 15 February 2007 the Accused did not appear at a plea hearing.  The Court recorded a plea of not guilty in accordance with the law.  

The trial commenced on 11 May 2007. 

On 11 April 2008, the Trial Panel of the Court of Bosnia and Herzegovina (BiH) in the Šefik Alić case on Friday delivered the first-instance verdict acquitting Šefik Alić of committing the criminal offence of War Crimes against Prisoners of War. The Court also issued a decision terminating prohibitive measures imposed on the Accused Šefik Alić.

The Panel of the Appellate Division of the Section I for War Crimes of the Court upon having held a public session on 23 march 2009, issued a second instance decision revoking the first instance verdict and scheduling a retrial before the panel of the Appellate Division.