S1 1 K 033743 20 Kri Koroman Malko

The subject arose: By filing an Indictment

Indictment: Criminal offense of Crimes against Humanity under Article 172(1) h) of the Criminal Code of Bosnia and Herzegovina (CC BiH), as read with Article 180 (1) of the CC BiH

Prosecutor's number: T20 0KTRZ 0003408 05

Number of parties: 1

Prosecutor: Seid Marušić

Preliminary Hearing Judge: Enida Hadžiomerović

Acting Judicial Council / single judge in first instance proceedings: Mediha Pašić, Mira Smajlović, Zoran Božić

Acting Judicial Council / single judge in second instance proceedings: Mirko Božović, Amela Huskić, Hilmo Vučinić

Confirmation date: 28.11.2019.



Department: Section I


The factual substrate of the indictment:

The indictment, inter alia, alleged that during the period between late March 1992 and December 1992, within a widespread and systematic attack of the Army of the Serb Republic of Bosnia and Herzegovina (VRS), the Ministry of Interior of the Serb Republic of BiH, subsequently the Army of Republika Srpska, and the Serb paramilitary formations directed against the civilian Bosniak population of the Municipality of Pale, being aware of such an attack and knowing that his acts formed a part of the attack, the accused Malko Koroman performed the duties of the Chief of the Public Security Station Pale (SJB Pale). The indictment alleged that the accused managed the SJB Pale, organized its activities, directed and coordinated the activities of members of the active and reserve police force of the SJB Pale, as well as the SJB Pale special police unit, being thus responsible for the lawful execution of the tasks and duties of members of the SJB Pale, being their superior officer and holding the effective control over them. The indictment further alleged that, having acted with the discriminatory intent, the accused persecuted the Bosniak civilian population of the Municipality of Pale on national, ethnic, cultural and religious grounds by way of unlawful detention, inhuman imprisonment in inhumane conditions in violation of the fundamental rules of international humanitarian law.


Case in progress

Defendant: Malko Koroman
Judgment / Decision

1.

Defendant: Malko Koroman
Offense: Criminal offense of Crimes against Humanity under Article 172(1) h) of the Criminal Code of Bosnia and Herzegovina (CC BiH), as read with Article 180 (1) of the CC BiH
Place of committment: Pale,RS
Committment year: 1992.
Number of injured / victims: The exact number has not been determined
Defendant: Malko Koroman
Mjere osiguranja Travel ban Period: 05.12.2019.
Mjere osiguranja Prohibition of meeting with certain persons Period: 05.12.2019.-26.04.2021.

The Court of Bosnia and Herzegovina confirmed, on 28 November 2019, an indictment in the case of Malko Koroman, charging the accused Malko Koroman with the commission of the criminal offense of Crimes against Humanity under Article 172(1) h) of the Criminal Code of Bosnia and Herzegovina (CC BiH), as read with Article 180 (1) of the CC BiH.

 

At the plea hearing held on 26 December 2019, the accused Koroman Malko pled not guilty.

 

The main trial was initiated on 13 January 2020. The prosecution is currently presenting its evidence.

Panel of Judges composed of: Pašić Mediha, Smajlović Mira, Božić Zoran

The Court of BiH rendered and announced in open session a Trial Judgment in the case of Malko Koroman (S1 1 K 033743 19 Kri), acquitting the accused Malko Koroman of the charge of committing the criminal offense of Crimes against Humanity under Article 172(1)(h) of the CC BiH, in conjunction with Article 180(1) of the CC BiH. An appeal against this judgment can be filed to a Panel of the Appellate Division of the Court of BiH, within 15 (fifteen) days after service of a written copy of the judgment.

The Appellate proceeding against the first-instance verdict is in progress.

Panel of Judges composed of: Mirko Božović, Amela Huskić, Hilmo Vučinić

On 6 June 2022 the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered and on 15 July 2022 sent out an Appeals Judgment in the Malko Koroman case, dismissing as ill-founded the appeal filed by the BiH Prosecutor's Office and upholding the Trial Judgment No. S1 1 K 033743 19 Kri of 24 January 2022. The Trial Judgment of the Court of Bosnia and Herzegovina acquitted the accused Malko Koroman of the charges that he committed the criminal offense of Crimes against Humanity under Article 172(1)h) as read with Article 180(1) of the Criminal Code of Bosnia and Herzegovina.