S1 2 K 022881 20 Kž Ališić Emir

Prosecutor's number: T20 0 KTT 0011872 16

Number of parties: 1

Prosecutor: Biljana Golijanin

Preliminary Hearing Judge: Hasija Mašović

Acting Judicial Council / single judge in first instance proceedings: Ćuković Biljana, Tankić Izo, Blagić Stanko

Acting Judicial Council / single judge in second instance proceedings: Hilmo Vučinić, predsjednik vijeća, Redžib Begić, dr.Dragomir Vukoje

Confirmation date: 15.05.2020.

Final decision rendered on: 08.03.2021.


Department: Section II


The factual substrate of the indictment:

On 13 December 2013, the accused Emir Ališić left the territory of Bosnia and Herzegovina via International Airport Sarajevo, with the aim of joining the terrorist organizations of “Jabhet al-Nusra,” “Al-Nusrah Front” and “ISIL” of the so-called Islamic State in the territory of Syria and Iraq, which the UN Security Council has proclaimed terrorist groups and organizations. According to the Indictment, the objective of these organizations was destabilization and forcible change of the political and constitutional order in Syria, while their members intended to force the legitimate authorities in Syria to change the constitutional order and the political regime by way of launching daily armed actions, that is, attacks on the population, killings, unlawful detention, hostage-taking and other actions. Having arrived in Syria, the accused became a member of various para-military formations operating under the auspices of ISIL, in the territory of towns of Raqqah and Haritan. According to the Indictment, the accused Emir Ališić was a member of those units during a period between December 2013 and early 2019, which is when he surrendered to the Kurdish forces who detained him in the territory of Syria, after which he was deported to BiH.


Defendant: Emir Ališić
Defender: Bakir Hećimović
Judgment / Decision Condemning

1.

Defendant: Emir Ališić
Offense: krivično djelo djelo Organiziranje terorističke grupe iz člana 202d. stav 2. u vezi sa stavom 1., a sve u vezi sa krivičnim djelom Terorizam iz člana 201. Krivičnog zakona Bosne i Hercegovine
Place of committment: Sirijska Arapska Republika
Committment year: 2013. - 2019.
Number of injured / victims: The exact number has not been determined
Defendant: Emir Ališić
Pritvor Period: 19.12.2019. - 10.02.2021.

On 15 May 2020, the Court of Bosnia and Herzegovina confirmed the Indictment charging the accused with the criminal offense of Organizing a Terrorist Group under Article 202d(2) as read with Paragraph 1, all in conjunction with the criminal offense of Terrorism under Article 201 CC BiH.

 

At the arraignment held on 23 June 2020, the accused Emir Ališić entered a not-guilty plea.

 

The trial commenced on 8 July 2020.

 

Trial Panel: Biljana Ćuković, Izo Tankić, Stanko Blagić.

 

Having held a guilty plea agreement consideration hearing and a sentencing hearing, on 5 January 2021 the Court of Bosnia and Herzegovina delivered a judgment in the case of Emir Ališić, finding the accused Emir Ališić guilty of the criminal offense of Organizing a Terrorist Group under Article 202d(2) as read with Paragraph 1, all in conjunction with the criminal offense of Terrorism under Article 201 CC BiH. The Court sentenced the accused Emir Ališić to two (3) years and six (6) months of imprisonment. Pursuant to Article 56 CC BiH, the time the accused spent in pre-trial custody from 19 December 2019 onwards shall be credited towards his sentence of imprisonment.