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APPEAL TO THE ACQUITTAL VERDICT OF THE COURT OF BOSNIA AND HERZEGOVINA OF 27 DECEMBER 2013 IN THE CRIMINAL CASE AGAINST THE ACCUSED OSMAN BRKAN FILED
17.01.2014. 15:41Pursuant to the provisions of the Criminal Procedure Code of Bosnia and Herzegovina, the Prosecutor’s Office of Bosnia and Herzegovina submitted an Appeal to the Panel of the Appellate Division of the Court of Bosnia and Herzegovina against the aforementioned Verdict, due to the state of the facts being incompletely established, proposing the following:
- that, pursuant to Article 315 of the Criminal Procedure Code of BiH, the Panel of the Appellate Division of the Court of Bosnia and Herzegovina honor this Appeal and revoke the respective Verdict and hold a trial.
The Court of Bosnia and Herzegovina acquitted Osman Brkan, born on 08 November 1961 in Grušća in Konjic Municipality, where he also resides, citizen of Bosnia and Herzegovina, of the charges pertaining to the commission of the criminal offense of War Crimes against Civilians, as referred to in Article 173, Paragraph 1, Item (c) of the Criminal Code of BiH, in conjunction with Article 29 of the same Code. The Prosecutor’s Office of Bosnia and Herzegovina charges the accused with arriving at the Blace village in the Municipality of Konjic that was inhabited by Serb population, as a member of the Army of Bosnia and Herzegovina, together with other members of the Army of BiH. In one house they found four old Serb women, of whom the youngest was 78 years old and the oldest was 84. The accused Osman Brkan fired an undetermined number of bullets from his rifle at these old women, which resulted in their deaths. Their bodies have not been found to date.
Due to the foregoing, the Prosecutor’s Office of Bosnia and Herzegovina moves the Apellate Division of the Court of Bosnia and Herzegovina to honor this Appeal and revoke the respective Verdict, pursuant to Article 315 of the Criminal Code of BiH, and to hold a trial.
This announcement does not prejudice the outcome of the criminal proceedings and does not violate the principle of the presumption of innocence. A person shall be considered innocent of a crime until guilt has been established by a final verdict (Article 3, paragraph 1 of the CPC BiH).