Prosecutor's Office of Bosnia and Herzegovina v. Mehura Selimović, Adil Ružnić and Emir Mustafić

Court	Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Case number	KT-RZ-30/05
Decision title	Indictment
Decision date	16 April 2009
Parties	Prosecutor's Office of Bosnia and Herzegovina Mehura Selimović Adil Ružnić Emir Mustafić
Categories	Torture, War crimes
Keywords	Protected persons; torture; war crimes; war crimes against civilians; prisoners of war; Adil Bešic; Luke prison; Bihac
Links	Indictment

Summary

Mehura Selimović was born on 4 April 1962, and is a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Adil Ružnić was born on 2 August 1967, and is a former Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Emir Mustafić is a former member of the 5th Corps of the Army of RBiH. While holding these positions, they assisted soldiers detaining civilians and members of enemy forces that were no longer fighting in the Adil Bešić military barracks in Bihać, in a camp in the plastic factory in Petrovac, in the Luke prison in Bihać, and in other locations. In these locations, the detainees were held in unhealthy conditions, forced to perform hard work, and subjected to harsh interrogations and physical mistreatment. The Court of Bosnia and Herzegovina charged Selimović, Ružnić and Mustafić with war crimes against civilians and war crimes against prisoners of war because of their involvement in the crimes.

Procedural history

On 11 April 2008, the Court of Bosnia and Herzegovina (Court of BiH) rendered a decision imposing on Mehura Selimović, Adil Ružnić and Emir Mustafić prohibitive measures.

Related developments

On 28 April 2009, the indictment against Selimović, Ružnić and Mustafić was confirmed.

In May 2009, during the initial plea hearing each of the accused pleaded not guilty to the charges.

On 19 August 2009, the trial commenced.

On 22 December 2010, the Court of BiH issued a decision terminating the prohibitive measures for Selimović, Ružnić and Mustafić.

On 17 September 2012, the Court of BiH pronounced the first-instance verdict finding Selimović and Mustafić guilty of war crimes against civilians and war crimes against prisoners of war, and Ružnić guilty of war crimes against prisoners of war. In that regard, the Court imposed on Selimović and Mustafić compound sentences of eight years and nine years of imprisonment, respectively. Ružnić was sentenced to eight years of imprisonment. The Court acquitted Selimović and Ružnić under several counts of the indictment related to the criminal offences of war crimes against prisoners of war and war crimes against civilians.

On 4 November 2013, the session of the appellate panel was held.

On 6 December 2013, the Panel of Section I for War Crimes of the Appeals Division of the Court of BiH issued the second-instance verdict refusing as unfounded the Prosecution’s appeal filed against the acquitting part of the first-instance verdict and confirming the first-instance verdict in its acquitting part. At the same time, the Appeals Panel granted the appeals filed by the Defence Counsel of Ružnić and Mustafić, and, in line with Article 309 of the Code of Criminal Procedure (CCP) of BiH Mehura Selimovićex officio included, revoked the first-instance verdict in its convicting part and ordered a re-trial before the Panel of the Appeals Division of the Court of BiH.

On 12 February 2014, the trial before the Appeals Panel was held.

Legally relevant facts

Selimović was a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Ružnićwas a former Security Officer, and the Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Mustafićwas a former member of the 5th Corps of the Army of RBiH.

The indictment, inter alia, alleged that the accused in their capacities as prescribed, aided, abetted and incited the detention of prisoners of war and civilians. The detainees were held on the premises of the Adil Bešić military barracks in Bihać, in the plastic factory in Petrovac which was turned into a detention camp, in the Luke prison in Bihać, and in other locations. The detainees were held in extremely inhumane conditions, and were forced to do hard labour (para. 1.1). They were also exposed to interrogations and physical mistreatment by the detention guards and other soldiers who were freely entering the premises, as well as by the accused who were interrogating the prisoners of war (para. 1.2).

On the basis of these allegations, Selimović, Ružnić and Mustafić were charged with war crimes against civilians (pursuant to Article 173(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH)), in particular torture, unlawful bringing in concentration camps and other illegal arrests, and detention. In addition, they were charged with war crimes against prisoners of war (pursuant to Article 175 of CC BiH), in particular torture and compulsive enlistment into the armed forces of an enemy power.

Core legal questions

Can Selimović, Ružnić and Mustafić be charged with war crimes against civilians and war crimes against prisoners of war?

Specific legal rules and provisions

Geneva Convention (III), 1949:

Article 3 - Conflicts not of an international character
Article 4 - Prisoners of war
Article 13 - Humane treatment of prisoners
Article 14 - Respect for the person of prisoners
Article 15 - Maintenance of prisoners
Article 17 - Questioning of captivity

Geneva Convention (IV), 1949:

Article 3 - Conflicts not of an international character
Article 4 - Definition of protected persons

Additional Protocol (I) to the Geneva Conventions, 1977:

Article 44 - Combatants and prisoners of war
Article 45 - Protection of persons who have taken part in hostilities Article 51 - Protection of the civilian population
Article 75 - Fundamental guarantees

Criminal Code of Bosnia and Herzegovina, 2003: