The subject arose: By filing an Indictment
Indictment: War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Articles 30 and 180(1) of the Criminal Code of Bosnia and Herzegovina (CC B-H), and Article 41(1) of the Protocol Additional to the Geneva Conventions (Additional Protocol I) and Article 23 of the Hague Protocol
Prosecutor's number: T 20 O KTRZ 0001145 18 2
Number of parties: 10
Prosecutor: Mladen Vukojičić
Preliminary Hearing Judge: Braco Stupar
Acting Judicial Council / single judge in first instance proceedings: Darko Samardžić, Tanja Curović, Jasmina Ćosić Dedović
Confirmation date: 12.05.2022.
Department: Section I
The factual substrate of the indictment:
The Indictment reads, inter alia, that the Accused, namely:
- Ejup Ganić, as a member of the Presidency of the Republic of Bosnia and Herzegovina;
- Zaim Backović, as a member of the Operations Center of the Territorial Defense Staff of the Republic of Bosnia and Herzegovina;
- Hamid Bahto, as the Commander of the Municipal Staff of the Territorial Defense of Stari Grad Sarajevo;
- Hasan Efendić, as the Commander of the Republic Staff of the Territorial Defense of Bosnia and Herzegovina;
- Fikret Muslimović, as the Chief of Security in the Republic Staff of the Territorial Defense of Bosnia and Herzegovina;
- Jusuf Pušina, as the Assistant Minister of the Interior of the Republic of Bosnia and Herzegovina and the Chief of Staff of the Ministry of the Interior of the Republic of Bosnia and Herzegovina;
- Bakir Alispahić, as the Chief of the Security Services Center Sarajevo and member of the Staff of the Ministry of the Interior of the Republic of Bosnia and Herzegovina;
- Enes Bezdrob, as the Chief of the Stari Grad Public Security Station;
- Ismet Dahić, as the Commander of the Stari Grad Police Station;
- Mahir Žiško, as the head of the Bureau for Investigating War Crimes,
while performing the referenced duties, that is, functions, and within the scope of their authorities, acted contrary to rules of International Humanitarian Law, in violation of Article 3(1)(a) and (c) of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and the 1977 Additional Protocol II, by having planned, instigated, ordered and carried out an attack on an undefended mixed column of the military and the civilian persons employed in the former Yugoslav People’s Army (JNA), escorted by the United Nations force, failed to prevent killings and wounding, tortured and accorded inhuman treatment to captured soldiers, failed to prevent the tortures and inhuman treatment, and aided the perpetrators after the perpetration of the offenses in the manner described in more detail in the Indictment by the Prosecutor's Office of B-H.
Case in progress
| Defendant: | Ejup Ganić |
|---|---|
| Judgment / Decision |
| Defendant: | Zaim Backović |
|---|---|
| Judgment / Decision |
| Defendant: | Hamid Bahto |
|---|---|
| Judgment / Decision |
| Defendant: | Hasan Efendić |
|---|---|
| Judgment / Decision |
| Defendant: | Fikret Muslimović |
|---|---|
| Judgment / Decision |
| Defendant: | Jusuf Pušina |
|---|---|
| Judgment / Decision |
| Defendant: | Bakir Alispahić |
|---|---|
| Judgment / Decision |
| Defendant: | Enes Bezdrob |
|---|---|
| Judgment / Decision |
| Defendant: | Ismet Dahić |
|---|---|
| Judgment / Decision |
| Defendant: | Mahir Žiško |
|---|---|
| Judgment / Decision |
1.
| Defendant: | Ejup Ganić |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Articles 30 and 180(1) of the Criminal Code of Bosnia and Herzegovina (CC B-H), and Article 41(1) of the Protocol Additional to the Geneva Conventions (Additional Protocol I) and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
2.
| Defendant: | Zaim Backović |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 180(1) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
3.
| Defendant: | Hamid Bahto |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 and Article 180(1) and (2) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
4.
| Defendant: | Hasan Efendić |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 180(1) and (2) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
5.
| Defendant: | Fikret Muslimović |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 180(2) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
6.
| Defendant: | Jusuf Pušina |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
7.
| Defendant: | Bakir Alispahić |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
8.
| Defendant: | Enes Bezdrob |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
9.
| Defendant: | Ismet Dahić |
|---|---|
| Offense: | War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
10.
| Defendant: | Mahir Žiško |
|---|---|
| Offense: | War Crimes against the Wounded and Sick in violation of Article 174(a), and War Crimes against Prisoners of War in violation of Article 175(a) and (b), all as read with Article 180(1) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol |
| Number of injured / victims: | The exact number has not been determined |
On 12 May 2022, the Court of Bosnia and Herzegovina confirmed the Indictment by the Prosecutor's Office of Bosnia and Herzegovina of 26 April 2022 charging the Accused Ejup Ganić, Zaim Backović, Hamid Bahto, Hasan Efendić, Fikret Muslimović, Jusuf Pušina, Bakir Alispahić, Enes Bezdrob, Ismet Dahić and Mahir Žiško with the commission of the criminal offenses as follows:
1. Ejup Ganić – War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Articles 30 and 180(1) of the Criminal Code of Bosnia and Herzegovina (CC B-H), and Article 41(1) of the Protocol Additional to the Geneva Conventions (Additional Protocol I) and Article 23 of the Hague Protocol;
2. Zaim Backović - War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 180(1) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol;
3. Hamid Bahto - War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 and Article 180(1) and (2) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol;
4. Hasan Efendić - War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 180(1) and (2) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol;
5. Fikret Muslimović - War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 180(2) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol;
6. Jusuf Pušina, Bakir Alispahić, Enes Bezdrob and Ismet Dahić - War Crimes against Civilians in violation of Article 173(1)(a), War Crimes against the Wounded and Sick in violation of Article 174(a), War Crimes against Prisoners of War in violation of Article 175(a) and (b), and Unlawful Killing or Wounding the Enemy in violation of Article 177(1), all as read with Article 31 of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol;
7. Mahir Žiško - War Crimes against the Wounded and Sick in violation of Article 174(a), and War Crimes against Prisoners of War in violation of Article 175(a) and (b), all as read with Article 180(1) of the CC B-H, and Article 41(1) of the Additional Protocol I and Article 23 of the Hague Protocol.
At the plea hearing held on 12 July 2022, the accused Ejup Ganić, Zaim Backović, Hamid Bahto, Hasan Efendić, Fikret Muslimović, Jusuf Pušina, Bakir Alispahić, Enes Bezdrob, Ismet Dahić i Mahir Žiško pled not guilty.
