S1 1 K 019201 16 Kri Mahmuljin Sakib

Prosecutor's number: T20 0 KTRZ 0003206 05

Number of parties: 1

Prosecutor: Sedin Idrizović

Preliminary Hearing Judge: Šaban Maksumić

Acting Judicial Council / single judge in first instance proceedings: Zoran Božić, Mira Smajlović, Mediha Pašić

Acting Judicial Council / single judge in second instance proceedings: Hilmo Vučinić. Staniša Gluhajić,Amela Huskić

Confirmation date: 31.12.2015.



Department: Section I


Case in progress

Defendant: Sakib Mahmuljin
Defender: Fahrudin Ibrišimović i Nermin Mulalić
Judgment / Decision

1.

Defendant: Sakib Mahmuljin
Offense: The Indictment charges the accused Sakib Mahmuljin with the commission of the criminal offenses of War Crimes against Prisoners of War, War Crimes against the Wounded and Sick and War Crimes against Civilians.
Number of injured / victims: The exact number has not been determined

The Court of Bosnia and Herzegovina confirmed Indictment against Sakib Mahmuljin on 31 December 2015. According to the Indictment, Sakib Mahmuljin is charged with the criminal offenses of War Crime against Prisoners of War, War Crime against the Wounded and Sick and War Crime against the Civilian Population under Articles 144, 143 and 142 of the CC of SFRY   

 

At the plea hearing held on 4 February 2016 before Section I for War Crimes of the Court, in the Sakib Mahmuljin case, the accused Sakib Mahmuljin pleaded not guilty of the criminal offences of War Crimes against Prisoners of War, War Crimes against Wounded and Sick and War Crimes against Civilians. 

 

The main trial was initiated on 23  March 2016.

Panel of Judges composed of: Božić Zoran, Smajlović Mira, Pašić Mediha

 

The Court of Bosnia and Herzegovina announced, on 22 January 2021, the first instance judgment in the case of Sakib Mahmuljin finding the accused Sakib Mahmuljin guilty because, by the acts described in Section 1.a), b), c) and d) of the convicting part of the Judgment operative part, he committed the criminal offense of War Crimes against Wounded and Sick – inhuman treatment under Article 143 of the Criminal Code of the Socialist Federative Republic of Yugoslavia, adopted pursuant to the Law on Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of the SFRY (CC SFRY), by the acts described in Sections 1.b) and 2.a) of the convicting part of the Judgment operative part, the criminal offense of War Crimes against Prisoners of War – murder under Article 144 of the CC SFRY, by the acts described in Section 1.a), b), c), d), 2.b), c), d), e), f), g), h), i) and j), the criminal offense of War Crimes against Prisoners of War – inhuman treatment under Article 144 of the CC SFRY, and by the acts described in Section 2.k) of the convicting part of the Judgment operative part, the criminal offense of War Crimes against Civilian Population – inhuman treatment under Article 142(1) of the CC SFRJY, all as read with Article 30(2) of the same Code.

For the criminal offense of War Crimes against Civilian Population under Article 142(1) of the CC SFRY, the Panel imposed on the accused a prison sentence for a term of 1 (one) year, for the criminal offense of War Crimes against Wounded and Sick under Article 143 of the CC SFRY, a prison sentence for a term of 2 (two) years, and pursuant to Articles 33, 38 and 41 of the CC SFRY, for the criminal offense of War Crimes against Prisoners of War under Article 144 of the CC SFRY, a prison sentence for a term of 8 (eight) years. In this regard, by applying Article 48(2) 3 of the CC SFRY, the accused received a compound sentence of imprisonment for a term of 10 (ten) years.

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.

 

Trial before the Appellate Division Panel commenced on 30 November 2021. Panel composition: 

Hilmo Vučinić, Staniša Gluhajić, Amela Huskić

Having revoked the trial judgment and held a trial, Panel of the Appellate Division of the Court of BiH delivered a second-instance Judgment finding the accused Sakib Mahmuljin guilty as follows: by the acts listed in Sections 1a), b), c) and d) of the enacting clause of the Judgment, he committed the criminal offense of War Crimes against the Sick and Wounded – inhumane treatment under Article 143 of the Criminal Code of the Socialist Federal Republic of Yugoslavia /SFRY/, which was adopted based on the Law on the Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code /CC/ of the SFRY; by the acts listed in Sections 1b) and 2a) of the enacting clause of the Judgment, he committed the criminal offense of War Crimes against Prisoners of War – murder under Article 144 of the CC SFRY; by the acts listed in Sections 1a), b), c), d), 2b), c), d), e), f), g), h), i) and j), he committed the criminal offense of War Crimes against Prisoners of War – inhumane treatment under Article 144 of the CC SFRY; and, by the acts listed in Section 2k) of the enacting clause of the Judgment, he committed the criminal offense of War Crimes against Civilians – inhumane treatment under Article 142(1), taken in conjunction with Article 30(2) of the CC SFRY. The Panel imposed on the accused Sakib Mahmuljin a single sentence of imprisonment for a term of eight (8) years.


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