The United Nations Mechanisms for International Criminal Tribunals (MICT) has rejected a request from former Bosnian Army General Naser Orić’s lawyers to order the Bosnian state court to stop the case against him because he has already been acquitted of the charges by the International Criminal Tribunal for the former Yugoslavia (ICTY).
The lawyers argued that Orić cannot stand trial for the same crimes twice.
Judge Liu Daqun said in his decision that Orić was acquitted by the ICTY of command responsibility for the killings of one Serb at the Srebrenica police station and six others in the local municipality building.
However the charges in Bosnia allege he personally killed one Serb in the village of Zalazje and took part in the killings of two other Serbs in Bratunac along with another Bosnian Army fighter.
“I note that in the present case, the murder charges in the Bosnian indictment fundamentally differ from the murder charges in the Hague indictment with respect to the alleged victims and the nature, time and location of the alleged crime,” said the judge.
The Bosnian court recently said that Orić’s trial will open once the MICT reaches its decision.
Naser Orić’s defense lawyers have called on the Mechanism for International Criminal Tribunals to order the termination of the proceedings against their client. The charges against him were brought before the State Court in Sarajevo
The defense of Naser Orić, who was tried by the International Criminal Tribunal for the former Yugoslavia (ICTY), has asked Theodor Meron, the president of the Mechanism for International Criminal Tribunals, to appoint a panel of judges which would order the Bosnia and Herzegovina (BH) State Court to terminate the proceedings against the former BH Army commander in Srebrenica.
In the motion, the defence has invoked Article 7 of the Mechanism’s Statute, which stipulates that ‘no person shall be tried before a national court for acts constituting serious violations of international humanitarian law under the present Statute for which he or she has already been tried by the ICTY, the ICTR, or the Mechanism’. Orić’s defense has also invoked the Rules of Procedure which stipulate that if the president of the Mechanism receives reliable information that proceedings have been instituted before a national court against a person who has already been tried before one of the international tribunals, the president should issue a ‘reasoned order’ to ‘permanently terminate’ the proceedings. Continue reading
Swiss authorities followed improper procedure in their arrest of former Bosnian Muslim military commander Naser Oric in Geneva on Wednesday, said Bosnia’s Prime Minister Denis Zvizdic on Friday in Sarajevo.
Oric’s arrest is based on an international warrant issued by Serbia which alleges his participation in war crimes in the 1990’s. However the Bosnian authorities were surprised by the accusations, having received no information from Serbia. Moreover, Oric’s name had been deleted from the Interpol wanted list long ago.
In 2006, Oric was sentenced by the International Criminal Tribunal for the former Yugoslavia to two years in prison for not doing enough to prevent crimes committed against Serbs during the Balkan conflict. He was acquitted of all charges two years later.
The Bosnian Prime Minister urged Serbia on Friday to observe the provisions of a bilateral agreement dating from 2013, which calls for the process to be conducted in the suspect’s homeland – in this case Bosnia.