Delalić requested Smajlović's acquittal

SARAJEVO, (Patria) - Appeals Chamber of the Court of BiH today heard appeals from the BiH Prosecution, as well as the defense in the case of the verdict in which Izet Arifović (deceased in the meantime), was provisionally sentenced to ten years in prison for murders committed in the area of Srebrenica and Bratunac, while Suad Smajlović was sentenced to one year and two months for desecration of bodies, and Amir Salihović was acquitted.

The verdict found Smajlović guilty of desecrating the bodies of the dead by shooting them, but acquitted him of participating in the murders.

Smajlović's lawyer, Mirna Delalić, filed an appeal against the first-instance verdict, citing significant violations of criminal procedure provisions, incorrect or incomplete determination of factual circumstances, violation of criminal law, and the decision on criminal sanctions.

Delalić spoke about giving credence to the testimony of witness O2, and in her appeal stated that the contested verdict reads that the Chamber considers witness O2 to have convincingly, objectively, and in detail described the course of events at the main hearing, with the Chamber particularly emphasizing that his testimony is replete with details that could only be known to an eyewitness to the incriminating events.”

“However, regarding these 'specific details', particularly in relation to point 4 of the operative part of the contested verdict, there is no explanation whatsoever, and it is evident that these are decisive facts related to the Court of BiH's decision to give credence to this witness, contrary to all other evidence,” said Delalić, emphasizing that O2 had previously been declared unreliable in provisional and final verdicts of the Court of BiH, in the cases of Naser Orić and Sakib Halilović.

“First of all, it should be emphasized that witness O2 is a person who has been criminally and misdemeanourly punished multiple times, and a person who avoided appearing before the Court in Bosnia and Herzegovina, for which reason a warrant was issued for him. This is a person who also gave different testimonies in this proceeding, testimonies that contradict material evidence and other evidence,” added Delalić.

Delalić requested that the Court of BiH grant the appeal of Suad Smajlović's defense, overturn the contested verdict in the part concerning Suad Smajlović's conviction, order a new main hearing before the Appeals Chamber of the Court of BiH, or grant the appeal and amend the contested verdict by acquitting Suad Smajlović of all charges.

Prosecutor Miroslav Janjić rejected the claims of the appeal, but requested a retrial regarding the acquitted Amir Salihović, stating that the first-instance Chamber had incorrectly determined the factual circumstances.

“The first-instance Chamber linked the testimony of witness O2 with something that was not even in the proceedings, and that is the testimony of the accused,” said Janjić.

Lawyer Sabina Mehić requested that the verdict be confirmed in relation to her client Salihović, drawing the Chamber's attention to the fact that O2 himself (although now considering it irrelevant) stated that he had no idea who had captured the people.

The Appeals Chamber, presided over by Miloš Babić, will issue a written copy of the final verdict within the legal deadline (30 days).