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
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Other names |
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Categories |
War crimes |
Keywords |
torture, Former Yugoslavia, Murder, war crimes against prisoners |
back to topProcedural 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.
back to topLegally 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.
back to topCourt'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.
back to topAdditional materials
- Press release 'Verdict of the Third Instance Panel of the Appellate Division in the Suad Kapic Case Dispatched', Court of Bosnia and Herzegovina, 13 September 2010
- Press Release 'Hearing before the third-instance Panel of the Appellate Division in the Suad Kapic case', Court of Bosnia and Herzegovina, 7 June 2010
- Press Release 'Appellate Panel delivers verdict in the Suad Kapic case', Court of Bosnia and Herzegovina, 11 September 2009
- Press Release 'Pronouncement of the Verdict scheduled before the Appellate Panel in the Suad Kapic case', Court of Bosnia and Herzegovina, 10 September 2009
- Press Release 'Presentation of closing arguments scheduled before the Appellate Panel in the Suad Kapic case', Court of Bosnia and Herzegovina, 3 September 2009
- Press Release 'Appellate Panel issued Decision in the Suad Kapic case', Court of Bosnia and Herzegovina, 6 November 2008
- Press Release 'Hearing before the Appellate Panel in the Suad Kapic case scheduled', Court of Bosnia and Herzegovina, 1 October 2008
- Press Release 'Sentence pronounced in the case against Suad Kapic', Court of Bosnia and Herzegovina, 29 April 2008
- Press Release 'Commencement of the trial in the Suad Kapic case', Court of Bosnia and Herzegovina, 9 January 2008
- Press Release 'Suad Kapic entered not guilty plea', Court of Bosnia and Herzegovina, 1 November 2007
- Press Release 'Plea hearing in the case of Suad Kapic', Court of Bosnia and Herzegovina, 31 October 2007
- Press Release 'Indictment confirmed against Suad Kapic', Court of Bosnia and Herzegovina, 22 October 2007
- Press Release 'Custody ordered for Suad Kapic', Court of Bosnia and Herzegovina, 24 September 2007