IN SREBRENICA (K Po2 8/15), COURT ORDERS TRIAL CONTINUATION UPON ORIGINAL INDICTMENT

In response to the War Crimes Prosecutor's appeal, the Appellate Court has altered the Higher Court's decision to refuse the Prosecutor's request for the continuation of Srebrenica proceedings.  Having adopted the Prosecutor's motion, the Appellate Court has ordered the continuation of proceedings in Srebrenica upon indictment KTO no. 2-15, issued on 21 January 2016.

It should be recalled that, pursuant to the defence complaint in early July, the Appellate Court dismissed the Srebrenica indictment as it found that the proceedings were conducted without a competent prosecutor's request. Such grounds, however, ceased to exist with the appointment of the new War Crimes Prosecutor, who subsequently filed a motion to continue proceedings in this case.

On its part, the Higher Court was of the opinion that the Prosecutor's motion should have been filed alongside a new indictment, and therefore dismissed the same as incomplete. Pursuant to the Prosecutor's complaint, the Appellate Court has now altered the Higher Court's decision and permitted the trial continuation upon the original indictment.