THE VERDICT RENDERED TO ALBINA TERZIĆ APPEALED04.01.2013. 14:55
The Prosecutor of the Special Department for War Crimes within the Prosecutor's Office of BiH lodged an appeal with the Appellate Division of the Court of BiH against the first instance verdict in the case v. Albina Terzić AKA "Nina", born on February 29, 1972 in Vareš, residing in Mostar, citizen of Bosnia and Herzegovina and the Republic of Croatia.
The first instance verdict of the Court of BiH rendered on October 19, 2012 found Albina Terzić guilty of the criminal offense of War Crimes against Civilians under Article 173, Paragraph 1, Subparagraph e) of the Criminal Code of BiH thus sentencing her to an aggregate imprisonment sentence of five (5) years.
Albina Terzić is charged that during the war in Bosnia and Herzegovina and in particular during the period from May 1992 until mid July of the same year, as a member of the Military Police of the Croatian Defense Council in Odžak, while acting contrary to Article 3 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 she participated, both alone and with other members of the HVO, in the inhumane treatment of Serb civilians who were unlawfully detained in the premises of the elementary school in Odžak and the "Strolit" factory in Odžak.
The indictment alleges that during that time at the premises of Elementary School in Odžak, where Serb civilians were unlawfully detained, the accused Albina Terzić has engaged in inhumane treatment of prisoners whom she would beat with the police on the neck, shoulders and head, or would slap them or get the dog to attack them, as well as that she has tortured, abused, humiliated and insulted them in various ways, including forcing prisoners to sexual intercourse or other form of sexual violence.
Albina Terzić is also charged to have visited the captive facility that was formed in the "Strolit" factory in Odžak, where Serb civilians were unlawfully detained, and to have been involved in their inhumane treatment.
The Prosecutor's Office of BiH dissatisfied with the gravity of the sentence rendered on December 24, 2012 lodged an appeal with the Appellate Division of the Court of BiH against the first instance verdict. The Prosecutor's Office of BiH is of the opinion that in its verdict the Court established the facts fully and properly and applied the provisions of the criminal procedure code and criminal code correctly, but has not properly weighed the circumstances which affect the gravity of the sentence.
The criminal offense for which the accused was found guilty, carries a prison sentence of ten (10) years or long-term imprisonment.
The Assigned Prosecutor appealed the first instance verdict as it is considered inadequate and too lenient, as well as disproportionate to the manner of committing offenses with which the accused is charged, the severity of the criminal offenses, criminal responsibility of the accused, as well as the number of criminal acts committed by the accused that she was charged with.
In the Appeal the Prosecutor's Office of BiH proposes that the appeal be granted and verdict reversed as to render the accused into imprisonment for a term exceeding the originally imposed five (5) years.
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