Court of Appeals Judgement in Oliver Ivanovic Case

Court of Appeals Judgement in Oliver Ivanovic Case

The Court of Appeals, in a mixed Panel of two international Judges and one Kosovo Judge, decided on the appeals case concerning five defendants variously indicted with committing the criminal offences of: War Crimes Against Civilian Population, Incitement to Commit the Offence of Aggravated Murder and to Commit the Offence of Attempted Aggravated Murder in Co-perpetration, and Aggravated Murder and Attempted Aggravated Murder in Co-perpetration.

The Basic Court of Mitrovica, in the judgement issued on 30 March 2016, found Oliver Ivanovic guilty of the criminal offence of War Crimes Against Civilian Population and imposed a sentence of 9 years of imprisonment. All other defendants were found not guilty and acquitted of all other criminal offences in the Indictment.

An appeal was filed by the international SPRK prosecutor against the sentence imposed upon the convicted defendant, and against all of the acquittals. Appeals were also filed against the conviction for the criminal offence of War Crimes Against Civilian Population, and against the sentence imposed. 

The Court of Appeals rejected the appeal of the Prosecutor as unfounded. The appeals of the defense counsels and by the defendant Oliver Ivanovic personally were partially granted in relation to the conviction for the criminal offence of War Crimes Against Civilian Population. Therefore, the Judgment of the Basic Court of Mitrovica has been annulled and the case is returned for retrial. The Judgment is confirmed in relation to all other criminal offences. The Court of Appeals extended the detention on remand against Oliver Ivanovic until determined by the Basic Court of Mitrovica.