Prosecutor's number: T20 0 KTT 013462 17
Number of parties: 1
Prosecutor: Biljana Golijanin
Preliminary Hearing Judge: Biljana Ćuković
Acting Judicial Council / single judge in first instance proceedings: Nenad Šeleda, Branko Perić, Džemila Begović
Confirmation date: 15.05.2020.
Final decision rendered on: 30.03.2021.
Department: Section II
The factual substrate of the indictment:
On 13 June 2014, the accused Hamza Labidi and his family left the territory of Bosnia and Herzegovina via the Sarajevo International Airport for the purpose of joining a foreign military or paramilitary formation operating outside of Bosnia and Herzegovina, in violation of Articles 2 and 3 of the Law on Service in the Armed Forces of BiH, namely a foreign paramilitary formation fighting against the legitimate military forces of the State of Syria. According to the Indictment, the goal of that paramilitary formation was to overthrow the Syrian government and it operated as part of terrorist organization ISIL (i.e. Islamic State of Iraq and Syria) that has been declared a terrorist organization by a decision of the UN Security Council. Upon arrival in Syria, the accused Hamza Labidi became a member of several paramilitary formations that were within ISIL in the territory of towns of Rakka and Haritan. It is further alleged that the accused Hamza Labidi was a member of those units in the period between 2016 and the beginning of 2019, when he surrendered to Kurdish forces that captured him in the territory of Syria, whereupon he was deported to Bosnia and Herzegovina.
| Defendant: | Labidi Hamza |
|---|---|
| Judgment / Decision |
1.
| Defendant: | Hamza Labidi |
|---|---|
| Offense: | Protuzakonito formiranje i pridruživanje stranim paravojnim ili parapolicijskim formacijama iz člana 162b. stav 2. Krivičnog zakona Bosne i Hercegovine. |
| Place of committment: | Sarajevo |
| Committment year: | 2014. |
| Number of injured / victims: | The exact number has not been determined |
| Defendant: | Labidi Hamza |
|---|---|
| Pritvor | Period: 19.12.2019 |
Judgment / Decision: Condemning
Judgment / Decision: Condemning
The Court of Bosnia and Herzegovina /BiH/ confirmed the Indictment of the Prosecutor's Office of BiH on 15 May 2020, charging the Accused with the criminal offense of Illegal Establishment of and Joining Foreign Paramilitary or Parapolice forces under Article 162b paragraph 2 of the CC BiH.
The accused Hamza Labidi entered a plea of not guilty to the criminal offense of Illegal Establishment of and Joining Foreign Paramilitary or Parapolice forces under Article 162b paragraph 2 of the CC BiH at the arraignment held on 17 June 2020.
The trial in this case commenced on 15 July 2020.
Trial Panel: Nenad Šeleda, Džemila Begović and Branko Perić
Having held a hearing to entertain a Plea Agreement and a sentencing hearing, the Court of BiH delivered a Judgment on 26 February 2021, finding the accused Hamza Labidi guilty of the criminal offense of Illegal Establishment of and Joining Foreign Paramilitary or Parapolice forces under Article 162b paragraph 2 of the CC BiH and sentencing him to imprisonment for a term of one (1) year.