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Mihaljevic: Prosecution files appeal

Zdravko Mihaljevic
Zdravko Mihaljevic

19 June 2008  The State Prosecution has appealed the first instance verdict against the former HVO member, which acquitted him of war crime charges.

The Prosecution of Bosnia and Herzegovina filed an appeal against the first instance verdict, acquitting Zdravko Mihaljevic of the counts, charging him with war crimes in Kiseljak municipality in 1993.

As indicated in the Prosecution's public announcement, the appeal refers to "the violation of provisions contained in the Criminal Proceedings Code of Bosnia and Herzegovina" and "incorrect and incomplete factual status."

The State Prosecution charges Zdravko Mihaljevic, known as Pijuk, as former member of "Ban Josip Jelacic" – the Second Battalion of the Croatian Defence Council, HVO, and commander of "Maturice" Special Purposes Squad, with having participated in the attack against, and the murder and torture of civilians in Tulice village, in Kiseljak municipality, in June 1993.

The indictment alleges that Mihaljevic, in cooperation with two other "Maturice" members, killed seven men by shooting from "an automatic gun" on June 12, 1993 and shot one more person by "shooting the person from a close distance."

On April 16 this year the Court of Bosnia and Herzegovina announced a first instance verdict against Mihaljevic, acquitting him of the charges. Justifying its decision, the first instance Trial Chamber said that "the Prosecution has not been able to prove, beyond reasonable doubt, that the indictee is guilty."

"The Chamber considers the fact that Mihaljevic participated in the crimes described in the indictment to be disputable. However, we have clearly and undoubtedly determined, on the basis of the statements given by witnesses and material evidence, that the crimes did happen. We have determined with no doubt, that a broad and systematic attack against Bosniaks was conducted in the Kiseljak, Busovaca and Vitez areas," the justification for the verdict alleged.

The Appellate Chamber of the Court of Bosnia and Herzegovina shall consider the appeal filed by the State Prosecution and render a decision, to be announced at a later stage.

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