The Prosecutor of the Special Department for Organized Crime, Economic Crimes and Corruption within the Prosecutor's Office of BiH lodged an appeal with the Appellate Division of the Court of BiH against the first instance verdict in the case v Mevlid JAŠAREVIĆ - born on December 20, 1988 in Novi Pazar, a citizen of the Republic of Serbia; Emrah FOJNICA - born on June 16, 1991 in Zavidovići, residing in Gornja Maoča, a citizen of BiH; and Munib AHMETSPAHIĆ - born on June 20, 1990 in Zenica where he resides, a citizen of BiH.

The Prosecutor's Office of Bosnia and Herzegovina issued an indictment on April 24, 2012 charging the accused Mevlid JAŠAREVIĆ with the criminal offense of Organizing a Terrorist Group under Article 202d, Paragraph 2 of the CC BiH in conjunction with the criminal offense of Terrorism under Article 201, Paragraph 1 in conjunction with Paragraph 5, Subparagraphs a) and d) of the Criminal Code of BiH; and the accused Emrah FOJNICA and Munib AHMETSPAHIĆ with the criminal offense of Organizing a Terrorist Group under Article 202d, Paragraph 2 of the CC BiH, in conjunction with the criminal offense of Terrorism under Article 201, Paragraph 4 of the Criminal Code of BiH.

The indictment alleges that the accused Mevlid JAŠAREVIĆ has, on October 28, 2011, after he had recorded a DVD a message in which he explains the reasons for such a terrorist act and says goodbye to his family, committed a terrorist attack on the U.S. Embassy building in Bosnia and Herzegovina, during which he fired from an automatic rifle for 50 minutes, and has for certain fired 105 bullets from an automatic weapon at the embassy building, including the premises where the police officers of the Directorate for Coordination of Police Bodies in BiH tasked with securing the facility were located.

During this attack, the accused JAŠAREVIĆ uttered loud threats to embassy officials and citizens who found themselves near the scene. During the firearm action a police officer who was guarding the embassy building was seriously injured, mayor damage was caused to the embassy building, and the event in question was a serious security violation that caused safety concerns among citizens and representatives of the diplomatic corps in BIH, which has had unforeseen consequences on the international reputation and position of Bosnia and Herzegovina and by which all citizens of Bosnia and Herzegovina were harmed.

The accused Emrah FOJNICA and Munib AHMETSPAHIĆ, are charged to have participated in the preparations as well as the terrorist attack and to have, following the attack, together with other persons known to them, removed traces of it in the Gornja Maoča area; to have removed the DVD farewell message and to have destroyed and removed ammunition and military equipment that was purchased for the terrorist act, but which was found during investigation.

First instance verdict of December 6, 2012 found Mevlid JASAREVIĆ guilty of the criminal offense of Terrorism under Article 201, Paragraph 1 in conjunction with Paragraph 5, Subparagraphs a) and d) of the Criminal Code of BiH, while Emrah FOJNICA and Munib AHMETSPAHIĆ were found not guilty of the criminal offense of Organizing a Terrorist Group under Article 202d, Paragraph 2 of the CC BiH, in conjunction with the criminal offense of Terrorism under Article 201, Paragraph 4 of the Criminal Code of BiH.

The Assigned Prosecutor appealed the first instance verdict as it is considered inadequate and too lenient, as well as disproportionate to the manner in which the criminal offenses were committed; the severity of the criminal offences; the criminal responsibility of the accused; the time, place and manner of execution; and in particular the permanent consequences for the victims of this terrorist act; adverse consequences for the state of Bosnia and Herzegovina in the international arena, as well as the number of committed criminal acts that the accused are charged with.

In the appeal the Prosecutor's office of BiH motions that its appeal be granted and the verdict revoked or reversed to find the accused guilty of the criminal offenses, more specifically to find Mevlid Jasarević guilty of Organizing a Terrorist Group under Article 202d, Paragraph 2 of the CC BiH in conjunction with the criminal offense of Terrorism under Article 201, Paragraph 1 in conjunction with Paragraph 5, Subparagraphs a) and d) of the Criminal Code of BiH; and Emrah Fojnica and Munib Ahmetspahić guilty of the criminal offense of Organizing a Terrorist Group under Article 202d, Paragraph 2 of the CC BiH, in conjunction with the criminal offense of Terrorism under Article 201, Paragraph 4 of the Criminal Code of BiH and that they be imposed harsher imprisonment sentences.