Judgment rendered in Enes Ćurić et al.

13.10.2017, 16:52

Following the end of the trial in Enes Ćurić et al., Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina rendered a judgment on 13 October 2017 in relation to Enes Ćurić, Ibrahim Demirović, Samir Kreso, Habib Čopelj and Mehmed Kaminić, finding the accused Enes Ćurić, Ibrahim Demirović and Habib Čopelj guilty of the criminal offense of Crimes against Humanity under Article 142 of the Criminal Code of the Socialist Federal Republic of Yugoslavia (CC of SFRY) because during the time period from 30 June 1993 until 2 December 1993, during the war in Bosnia and Herzegovina and the armed conflict between the Army of RBIH and the Croatian Defense Council (HVO) in the territory of Mostar Municipality,

 

Enes Ćurić, as a member of the 49th Mountain Brigade of the Army of RBIH, VJ 6348 Bijelo Polje and warden of a detention facility in the Elementary School in Potoci and other detention facilities in Potoci, participated in illegal arrest and detention of Croatian civilians, coercing the detained civilians to perform forcible labor and inhuman treatment of the detainees.

 

Ibrahim Demirović, as a member of the Army of RBIH, and as of 13 September 1993 Commander of the 47th Mountain Brigade of the Army of BIH, participated in coercing the detained civilians to perform forcible labor and inhuman treatment of the detainees, and also raped one civilian person on several occasions.

Habib Čopelj, as a member of the 49th Mountain Brigade of the Army of RBIH, VJ 6348 from 1 February 1993, participated inhuman treatment of the detainees,

 

Acted in violation of the rules of international humanitarian law, violating 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, whereby they committed:  

 

Enes Ćurić, the criminal offense of War Crime against the Civilian Population under Article 142 of the CC of SFRY - inhuman treatment, compelling another to perform forcible labor, and illegal detention;

 

Ibrahim Demirović, the criminal offense of War Crime against the Civilian Population under Article 142 of the CC of SFRY - inhuman treatment, compelling another to perform forcible labor and rape;

 

Habib Čopelj, the criminal offense of War Crime against the Civilian Population under Article 142 of the CC of SFRY - inhuman treatment.

 

The Court of BIH imposed the following sentences on the accused for those offenses:

The accused Enes Ćurić – five (5) years' imprisonment,

The accused Ibrahim Demirović – ten (10) years' imprisonment, and

The accused Habib Čopelj – two (2) years' imprisonment.

 

The accused Enes Ćurić, Ibrahim Demirović, Samir Kreso and Mehmed Kaminić have been acquitted of particular charges from the indictment pertaining to the criminal offense of War Crimes against Civilians under Article 173 of the CC of BIH.

 

Pursuant to Article 188(4) of the CPC of BIH, the accused are relieved of the duty to reimburse costs of the criminal proceedings and the scheduling amount.

 

Pursuant to Article 198(2) and (3) of the CPC of BIH, the injured parties are instructed to take civil action to pursue their claims under property law.