Having examined the said petition and having reviewed the Judgment of the European Court of Human Rights (ECtHR) dated 18 July 2013 and the case-file, the Panel rendered the said decision for the following reasons:
Under the Trial Verdict of the Court of BIH No. K-127/04 dated 1 July 2005, and the Appeals Verdict No. KPŽ-32/05 dated 4 April 2006, the Accused Abduladhi Maktouf was found guilty of the criminal offense of War Crimes against Civilians in violation of Article 173(1) (e) of the CC of BIH as read with Article 31 (Accessory) and sentenced to imprisonment for a term of five (5) years.
Bearing in mind that the said ECtHR Judgment dated 18 July 2013 found that Article 7(1) of the ECHR was violated in the case of the convicted Abduladhim Maktouf, and considering that, instead of new CC of BIH from 2003, the Court should have applied the provisions of CC of SFRY dated 1976, the Court is satisfied that the requirements of Article 327(1)(f) of the CPC of BIH have been met to reopen the criminal proceedings to the benefit of the convicted Abduladhim Maktouf.
Pursuant to Article 332(3) of the CPC of BIH, and considering the rights of the convict to a trial in a reasonable time and the right to be tried without delay in line with Article 6 of the ECHR, the Court scheduled a new trial. In the course of reopened proceedings, the Court will proceed in line with Article 7(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The parties and the Defense Counsel have the right to file an appeal from the said Decision of the Court within the three-day deadline.