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Changes in the Law to Prevent Flight of Convicts

Merima Husejnović

03 December 2009  People sentenced to more than five years in prison will be deprived of liberty immediately after the pronouncement of first-instance verdicts in the future.

This is foreseen by changes to the Law on Criminal Proceedings of Bosnia and Herzegovina which are due to be enacted soon, following their adoption by the Parliamentary Assembly in November 2009.

"The Law has still not been published in the Official Gazette of Bosnia and Herzegovina, but it has been submitted for publishing," the Public Relations Office of the State Parliament told Justice Report.

In the past the Law allowed trial chambers not to order custody of indictees following the pronouncement of first-instance verdicts against them if they deemed the measure was not necessary. This enabled nine people, sentenced before the War Crimes Chamber, to await the pronouncement of second-instance verdicts at liberty.  

The charges abolish this right, requiring all people sentenced to more than five years in prison to be held in custody until the pronouncement of second-instance verdicts against them and then to be sent to the prison where they will serve their sentences.  

An incident that occurred on April 21, 2009 in the courtyard of the Judicial Institutions of Bosnia and Herzegovina building contributed significantly to the adoption of this law.  On that occasion Tasim Kucevic and Enver Spahic attacked two people, including a journalist from Federal TV from Sarajevo and a victim's family member.  

Kucevic was sentenced, by a first-instance verdict, to 10 years in prison for organized crime and Spahic to three years and six months. Following the pronouncement of the verdict, the two men remained at liberty. The attack was committed when they came to the Court to attend the pronouncement of the second-instance verdict, by which they were sentenced to 12 and 3 years in prison respectively.  

"It is inadmissible for convicts to be able to intimidate witnesses, commit new crimes, flee the country or avoid serving their sentences in some other way," the proposed changes to the Law on Criminal Proceedings say.

The written explanation of the proposed changes to the law says that changing the existing provision is "very justified".

"Many convicts, who were not held in custody or whose custody was terminated after they had been given very long sentences under first-instance verdicts left Bosnia and Herzegovina and thus avoided serving their sentences. There is no doubt this makes court proceedings inefficient," the explanation of the proposed changes says.

Discussing the incident that occurred within the State Court complex, representatives of the Joint Commission for Defence and Security with the Parliament of Bosnia and Herzegovina determined, in June 2009, that the existing system was "dysfunctional".

"The Ministry of Justice is due to propose changes to the existing legal regulations so that it will not happen in the future that people sentenced to lon terms in prison walk freely within the complex of the Court of Bosnia and Herzegovina. The existing law was adopted under pressure from the international community in Bosnia and Herzegovina. This is an obvious example showing that its provisions protect the rights of criminals. By changing the law, we can avoid such situations in the future," said Adem Huskic, a member of the Joint Commission, at the time.

Milana Popadic of the Ministry of Justice of Bosnia and Herzegovina explained that there had been a provision in the Law on Criminal Proceedings stipulating that people sentenced to more than five years in prison be ordered into custody. However, the Law, adopted on March 1, 2003, "which came as a result of the adoption of international standards", stipulated that "the Court assesses whether a person is to be ordered into custody or not".

Nine people who were sentenced for war crimes to between five and 18 years in prison, which makes a total of 81 years, are currently awaiting the pronouncement of second-instance verdicts before the Court of Bosnia and Herzegovina at liberty.

Justice Report has learned from the Ministry of Justice of Bosnia and Herzegovina, which proposed the changes to the Law on Criminal Proceedings, that the changes will not be applied to the nine people, meaning that they will not be ordered back into custody.  

"From the moment of its enactment the Law will apply to newly sentenced people only. Verdicts have already been pronounced against these other people in accordance with the old law," said Marina Bakic, spokesperson for the Ministry of Justice.

Momir Savic, former Commander of the Third Squad with the Visegrad Brigade of the Republika Srpska Army, VRS, was sentenced, by a first-instance verdict, to 18 years in prison for crimes against humanity committed in Visegrad during the course of 1992.

Considering the fact that he had defended himself while at liberty, since December 2008 when certain prohibiting measures were ordered against him, Savic did not even appear in court on July 3, 2009, when the verdict against him was pronounced. Despite the conviction, the Trial Chamber rejected the Prosecution's proposal to order the indictee into custody.

"At this moment it is not necessary to order him into custody to ensure his presence in court. The prohibiting measures have proved to be adequate to date," Trial Chamber Chairman Saban Maksumic said at the time.

Mirko Vracevic, a former guard at Vojno prison, near Mostar, who was sentenced, in February 2009, to 14 years in prison for crimes committed in that area, was not ordered into custody following the pronouncement of the first-instance verdict.  

The following people are also at liberty while awaiting the pronouncement of second-instance verdicts against them: Miodrag Nikacevic, who was sentenced to eight years in prison for crimes committed in Foca, Zrinko Pincic, who was sentenced to nine years in prison for crimes against civilians committed in Konjic, Milko Mucibabic, a former policeman from Nevesinje, who was sentenced to five years and three months in prison, as well as four other people, who were sentenced to a total of 27 years in prison for crimes committed in Zvornik - Sreten Lazarevic, former Deputy Manager of a prison located in the Offence Court building and the "Novi izvor" building, Dragan Stanojevic, Mile Markovic and Slobodan Ostojic.