The Appellate Division Panel of the Court of Bosnia and Herzegovina has sent out an Appeals Judgment in the case of Milan Trišić (S1 1 K 034450 24 Krž 6), partly granting the appeal filed by defense counsel for the accused Milan Trišić, so the Judgment of the Court of Bosnia and Herzegovina dated 13 December 2023 is modified in the sentencing part, in the manner that the accused Milan Trišić is now sentenced to 13 (thirteen) years of imprisonment. In the remaining part defense counsel’s appeal was dismissed as ill-founded, and the Trial Judgment was upheld in that part.
The Trial Judgment of the Court of Bosnia and Herzegovina of 13 December 2023 found the accused Milan Trišić guilty that by the acts described in the operative part of the Trial Judgment he committed the criminal offense under Article 172(1)h) as read with Subparagraphs k), a) and i) of the Criminal Code of Bosnia and Herzegovina (CC BiH), in relation to Sections 1 through 9 of the convicting part of the Judgment, as specified in detail in the operative part of the Judgment, so that, consequently, in application of Articles 39, 42 and 48 CC BiH, the accused was sentenced to 15 years of imprisonment.
The accused was found guilty that between April and October 1992, in the territory of Bratunac municipality, during an armed conflict in Bosnia and Herzegovina, in the framework of a widespread and systematic attack launched by the military and the police of the Serb Republic of Bosnia and Herzegovina, subsequently Republika Srpska, targeting the Bosniak civilian population of the Bratunac municipality, knowing of the attack and that his acts formed a part thereof, as a member of the Bratunac Territorial Defense, and later on of the Army of Republika Srpska (VRS), Bratunac Brigade VP 7042, together with other members of the TO, VRS, Bratunac Public Security Station (SJB Bratunac) and members of paramilitary units, with a discriminatory intent, he committed persecution of the Bosniak civilian population on national, ethnic, and religious grounds in the territory of the village of Hranča and the town of Bratunac, by way of killing, detention and other serious deprivation of physical liberty, taking to camps, in violation of the rules of international law, by way of killing, forced disappearance, torture and other inhumane acts of similar nature, committed with the intent to inflict great suffering or serious physical injuries or mental anguish or deterioration of health.
The same Judgment acquitted the accused Milan Trišić of the charges that by the acts described in the Trial Judgment he committed the criminal offense under Article 172(1), Subparagraph h), as read with Subparagraphs i), a), f) and k), of the CC BiH, in relation to Sections 1-5 of the Acquittal, as specified in detail in the operative part of the Judgment. In relation to the Acquittal, pursuant to Article 189(1) CPC BiH, the accused was relieved of the obligation to reimburse the costs of criminal proceedings, which were covered from within the Court’s budget appropriations, while, pursuant to Article 198(3) CPC BiH, the victims were advised to pursue their redress claims in civil proceedings.
It was the accused Trišić’s Defense that had filed an appeal from the Trial Judgment, which resulted in the foregoing Appeals Judgment.
No appeal lies from the Appeals Judgment.