A Decision of the Appellate Division Panel of the Court of Bosnia and Herzegovina dated 21 September 2021, sent out on 9 November 2021, granted the appeal filed by the accused Sakib Mahmuljin and revoked the Judgment No. S1 1 K 019201 16 Kri, delivered by the Court of BiH on 22 January 2021, in its convicting part, so in relation to the conviction the Panel ordered a trial before the Appellate Division Panel of the Court of BiH.
On 22 January 2021 the Court of Bosnia and Herzegovina delivered a judgment finding the accused Sakib Mahmuljin guilty of the following criminal offenses:
- War Crimes against the Wounded and the Sick – Inhuman Treatment under Article 143 of the Criminal Code of the Socialist Federative Republic of Yugoslavia (CC SFRY);
- War Crimes against Prisoners of War – Murder and Inhuman Treatment under Article 144 CC SFRY;
- War Crimes against Civilians – Inhuman Treatment under Article 142(1) CC SFRY, all in conjunction with Article 30(2) of the Code.
Concerning the criminal offense of War Crimes against Civilians under Article 142(1) CC SFRY, the Court sentenced the accused Sakib Mahmuljin to 1 (one) year of imprisonment, concerning the criminal offense of War Crimes against the Wounded and the Sick under Article 143 CC SFRY to 2 (two) years of imprisonment, and under Articles 33, 38 and 41 CC SFRY concerning the criminal offense of War Crimes against Prisoners of War under Article 144 CC SFRY to 8 (eight) years of imprisonment. In that regard, with the application of Article 48(2)3) CC SFRY, the accused received a compound sentence of 10 (ten) years of imprisonment.
The accused Sakib Mahmuljin was acquitted of the charges that by the acts described in the Acquittal he committed the criminal offense of War Crimes against the Wounded and the Sick under Article 143 CC SFRY, and by the acts described in Sections 1. a), b), c) and d) of the Acquittal the criminal offense of War Crimes against Prisoners of War under Article 144 CC SFRY, all in conjunction with Article 30(2) of the Code.
Charges were dropped that by the acts described in Count 2.k) of the confirmed Indictment of 23 December 2015 the accused Sakib Mahmuljin committed the criminal offense of War Crimes against Prisoners of War under Article 144 CC SFRY, as read with Article 30(2) of the Code.
