Trial Judgment upheld in Hazim Fazlović

07.04.2023, 11:40

On 23 February 2023 the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered an Appeals Judgment in the case of Hazim Fazlović, dismissing as ill-founded the appeal filed by the Prosecution, and upholding the Trial Judgment of the Court of BiH dated 6 December 2022.

The Trial Judgment acquitted the accused Hazim Fazlović of the charges, since it was not proven that he committed the criminal offense of War Crimes against Prisoners of War under Article 175, Subparagraphs a) and b), of the Criminal Code of Bosnia and Herzegovina, as read with Article 180(2) of the Code.

 

The accused is acquitted of the charges alleging that, while performing the duties of Commander of the 3rd Battalion of the 108th Motorized Brigade of the Army of BiH, he had reason to know that, on 8 March 1993, during combat activities around the village of Boderište, which was located within the zone of responsibility of the HVO’s 108th Infantry Brigade, members of the Intervention Unit from within the 3rd Battalion of the 108th Motorized Brigade of the Army of BiH captured 11 (eleven) VRS soldiers, abused and eventually killed them, since he knew that the given unit was resubordinated to the HVO’s 108th Infantry Brigade for the purpose of carrying out combat activities, and that he was in the war theater but failed to take all necessary and reasonable measures to have the perpetrators punished.

 

No appeal lies from this Judgment.