Prosecutor v. Šimšić (First Instance)
Deprivation of Liberty | Systemic Practice | Crimes Against Humanity
The Court made a finding of aiding and abetting enforced disappearances as a crime against humanity. However, since the accused had in certain occasions helped some of the victims, it did not make a finding of discriminatory intent to perpetrate these offences against the Bosniak civilian population, dropping the charge of persecution as a crime against humanity.
July 11, 2006
Article 172(1)(i) [BCC]
Articles not violated / not dealt with
Article 172(1)(h) [BCC]
Facts of the Case
Between April and July 1992, in the context of a widespread and systematic attack of the Serb Army, Police, and paramilitary forces directed against the Bosnian civilian population, Mr. Šimšić, a Serb police officer who served in the military, participated in the arrest and unlawful detention of a number of civilians who were taken to an elementary school's premises. Mr. Šimšić was in charge of singling out prisoners and handing them over to members of the Serb Army, Police and paramilitary forces who subjected them to mistreatment, torture and rape. He also assisted the Serb Army, Police and paramilitary forces in taking away some civilians from the premises of the school, who remain unaccounted for at the time of proceedings.