The Appellate Division Panel of the Court of Bosnia and Herzegovina has sent out an Appeals Judgment in the case of Savo Tepić et al. (S1 1 K 014788 24 Krž 2), which dismissed as ill-founded the appeals filed by the Prosecutor's Office of Bosnia and Herzegovina and defense counsel for the accused Duško Vujičić and Duško Maksimović, and upheld the Trial Judgment delivered by the Court of Bosnia and Herzegovina on 29 September 2023.
The Trial Judgment, delivered on 29 September 2023, found the accused Duško Vujičić and Duško Maksimović guilty under individual charges specified in the Indictment, which the Judgment legally classified as the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of the Socialist Federative Republic of Yugoslavia (CC SFRY), so the Court imposed on them the prison sentences as follows:
- the accused Duško Vujičić, six (6) years of imprisonment;
- the accused Duško Maksimović, one (1) year and six (6) months of imprisonment.
The same Judgment acquitted the accused Savo Tepić and Ilija Kurušić of all charges, and Duško Vujičić and Duško Maksimović of some counts of the Indictment, for it was not proven that they committed the criminal offense of Crimes against Humanity under Article 172 CC BiH, as charged in the Indictment.
The accused Duško Vujičić and Duško Maksimović were found guilty that, during the war and armed conflict in Bosnia and Herzegovina between the Army of Republika Srpska and the police forces of the Ministry of Interior of Republika Srpska on the one side, and the Army of BiH and the Croat Defense Council (HVO) on the other, in the territory of Kotor Varoš municipality, between 11 June 1992 and November 1992, Duško Vujičić, as an active police officer at the SJB Kotor Varoš, and Duško Maksimović as a reserve police officer at the SJB Kotor Varoš, in breach of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, committed unlawful detention and inhumane treatment of the non-Serb civilian population of Kotor Varoš municipality, with the intent to inflict heavy physical injury or mental anguish or deterioration of health.