Cannot be on the list, but 'can' count votes: CIK appoints convicted war criminal as member of polling station committee in Bratunac

(Patria) - Finaly convicted war criminal Najdan Mlađenović has been appointed as (deputy) president of a polling station committee in Bratunac, Istraga.ba has learned.

Mlađenović was appointed last week by the Central Election Commission (CIK) of Bosnia and Herzegovina, citing provisions of the Election Law imposed by High Representative Christian Schmidt.



According to the amendments to the Election Law imposed by the OHR, convicted war criminals are prohibited from being on candidate lists.

"No person convicted by any international or domestic court for genocide, crimes against humanity, or war crimes may run in elections or hold any electoral, appointed, or other office," reads Article 1.7.b of the imposed law.

However, regardless of this, the CIK, authorized by the OHR to appoint presidents and deputy presidents of polling station committees, decided last week that war criminal Mlađenović would be someone to oversee the election process.

Najdan Mlađenović was finally convicted in October 2014 to three and a half years in prison for war crimes against Bosniaks in Bratunac.



"A couple of soldiers came from the direction of Bratunac. I heard one of them called Najdan. He had a sock on his head and separated from the group, came up to us and said: 'All of these should be killed.' Then he went after the other soldiers," testified one of the witnesses before the Court of BiH in the case of "Mlađenović and others".

The Appellate Panel of the Court of BiH dispatched on December 10 the second-instance verdict of October 21, 2014, by which the appeals of the BiH Prosecutor's Office and the defense of the accused Najdan Mlađenović were rejected as unfounded, and the first-instance verdict of the Court of BiH of March 4 was confirmed, the Court of BiH announced in 2014.

By the first-instance verdict of the Court of BiH, the first-accused Najdan Mlađenović was found guilty of the criminal offense of war crimes against the civilian population under Article 142 of the Criminal Code of the SFR Yugoslavia, in connection with Article 22 of the same law, for which he was sentenced to three years and six months imprisonment.

The second-accused Savo Živković was acquitted of the charge of committing the criminal offense of crimes against humanity under Article 172, paragraph 1, points e) and k) of the Criminal Code of BiH, in connection with Articles 29 and 180, paragraph 1 of the Criminal Code of BiH.

The time spent in custody was included in the sentence imposed on the accused Najdan Mlađenović.

As announced, based on Article 188, paragraph 1 of the Law on Criminal Procedure of BiH, the accused is obliged to compensate the costs of the criminal proceedings in the amount of 300 KM, as a court fee, within 30 days from the date the verdict becomes final.

By the same verdict, the accused Najdan Mlađenović was acquitted of the charges for the criminal offense of crimes against humanity under Article 172, paragraph 1, point h), in connection with points a), d), e), i), f) and k) of the Criminal Code of BiH, in connection with Article 180, paragraph 1 and Article 29 of the same Law, for certain points of the indictment.

The BiH Prosecutor's Office appealed the verdict due to significant violations of the criminal procedure provisions, incorrect or incomplete determination of the factual situation, violations of the criminal law and decisions on criminal sanctions, with a proposal that the Appellate Panel uphold the appeal as founded and overturn the contested verdict and order a trial before the Appellate Panel, or amend the contested verdict, after which Najdan Mlađenović and Savo Živković would be found guilty of the criminal offense of crimes against humanity under Article 172, paragraph 1, point h), in connection with points a), d), e), i), f) and k) of the Criminal Code of BiH, in connection with Articles 29 and 180, paragraph 1 of the same law, and sentenced to imprisonment in accordance with the law.

The defense counsel of the accused Mlađenović appealed due to significant violations of the criminal procedure, violation of criminal law, incorrect and incomplete determination of the factual situation, decisions on criminal sanctions, with a proposal that the Appellate Panel of the Court of BiH uphold the appeal, confirm the contested verdict in the acquitting part, overturn it in the convicting part due to absolute significant violations of the criminal procedure and order a trial before the Appellate Panel of the Court of BiH, or uphold the arguments of this defense regarding the incorrect application of substantive law to the correctly determined factual situation and amend the contested verdict in the convicting part in such a way as to acquit the accused Mlađenović, applying the principle of in dubio pro reo to the evidence presented.

The Appellate Panel held a public hearing on October 21, at which the Prosecutor's Office and the defense attorneys stood by their written appeals and proposals.

The Appellate Panel examined the appeals within the scope of the appeal grounds and determined that the first-instance court had made a correct and lawful decision, while the appeals of the Prosecutor's Office and the defense counsel of the accused Najdan Mlađenović were assessed as unfounded, it was stated in the announcement.