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(Source picture: TRIAL)

(Source picture: TRIAL)

Prosecutor's Office of Bosnia and Herzegovina v. Suad Kapić a/k/a Hodža

This case summary is being revised and will be updated soon

Court Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
Case number X-KRŽ-07/431
Decision title Verdict (Third Instance)
Decision date 10 September 2010
Parties
  • Suad Kapić a/k/a Hodža
  • Prosecutor's Office of Bosnia and Herzegovina
Other names
  • Hodža
Categories War crimes
Keywords torture, Former Yugoslavia, Murder, war crimes against prisoners
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Procedural history

The indictment was confirmed on 19 October 2007. On 1 November 2007 the Accused pleaded not guilty. The main trial commenced on 18 January 2008. On 29 April 2008, The Court of BiH pronounced the first instance verdict acquitting Kapić. The Appellate panel on 2 October 2008 revoked the Trial Panel's verdict and ordered a re-trial. The main trial before the Appellate panel commenced on 27 April 2009. On 11 September 2009, the second instance verdict found the Accused guilty of War Crimes against Prisoners of War, and sentenced him to 17 years of imprisonment. 

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Legally relevant facts

Suad Kapić was charged with breaching international humanitarian law in September 1995. It is alleged that he, together with other soldiers of the Army of the Republic of BiH, captured six members of the Army of Republika Srpska (VRS) in the region of the Dabar village in the Sanski Most Municipality, disarmed and restrained the prisoners, and killed three of them and seriously wounded one by shooting at him with a firearm. The Accused then allegedly ordered an unidentified soldier of the Army of the Republic of BiH to kill the seriously wounded prisoner. Charges included War crimes against Prisoners of war, murders, tortures and inhuman treatment. 

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Court's holding and analysis

On 10 September 2010, the Third Instance Panel of the Appellate Division rendered a verdict dismissing as unfounded the Appeal by the Prosecutor's Office and granted in part the Appeal by the Defense Counsel for the accused, whereby the Second Instance Verdict is modified in the part related to the crediting of the time in custody towards the prison sentence imposed, so as to include, in addition to the time the Accused spent in custody from 21 September 2007 to 7 March 2008, also his time in custody from 11 September 2009 onwards. The Second Instance Verdict was upheld in the remaining part.

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Additional materials