2 SMAJIĆ v. BOSNIA AND HERZEGOVINA DECISION Criminal Procedure (see paragraph 14 below) and signed a form according to which he stated that he did not require legal assistance. 5. On 30 January 2012 the BD Basic Court (Osnovni sud Brčko Distrikta) found the applicant guilty of inciting national, racial and religious hatred, discord or intolerance and sentenced him to one year’s imprisonment, suspended for a period of three years. In accordance with Article 160 § 4 of the 2003 BD Criminal Code the applicant’s personal computer and his laptop were seized (see paragraph 13 below). Furthermore, the applicant was ordered to pay 100 convertible marks (BAM – approximately 50 euros (EUR)) in legal costs. The court found that between 3 January and 24 February 2010 the applicant, using a pseudonym, had made a number of posts on the publicly accessible Internet forum of a website called Bosnahistorija in which he made statements as to the course of action to be undertaken by Bosniac1 citizens of BD in the event of a war and the secession of the Republika Srpska (one of the two constituent entities of Bosnia and Herzegovina). The applicant made, inter alia, the following statements: “ ... I also think that Ivići is key for Bosniacs, because it is a natural elevation in the Brčko plain and [from there] the whole city [is visible] as if [lying] on the palm of a hand; to have Ivići in war is an advantage ... because from there it is possible to shell the city with anything. (I will soon take some photos of the view of the city from Ivići.) ... I will post photos soon; now I am busy working ... there will be this stinking Christmas soon and it is a public holiday in Brčko so I will [have time] to take photos ... if we organise ourselves they stand no chance of taking over Brčko. ... Ilićka settlement – which has around 3,500 to 5,000 Serbs2 – is problematic ... Ilićka and Grčica should be struck at first, as these are two key Serb settlements. It is easy to attack Grčica because there are some Bosniacs there, whereas Ilićka is problematic as it has no physical contact with any Bosniac settlement. In any military scenario we should first strike at Bukvik, Gajeve and Cerik and get rid of the danger behind our backs, the same as we did in 1992 ... once we have dealt with those Serb villages we will have a free corridor towards Gradačac and Srebrenik. Then, in my opinion, we should attack Grčica and Srpska Varoš ... the city centre should then be slowly cleansed because there are many buildings and there is a risk of heavy losses ... ... Serbs who came from different shitholes live there; there is [only a very small native] population ... Ilićka is a settlement [which consists mostly] of radical-thinking Serbs who would be the first to concoct [a fight] with Bosniacs from Brčko and which, in the event of any scenarios [involving secession] from [Republika Srpska] should be attacked and neutralised first ... “ Bosniacs were known as Muslims until the 1992-95 war. The term “Bosniacs” (Bošnjaci) should not be confused with the term “Bosnians” (Bosanci) which is commonly used to denote citizens of Bosnia and Herzegovina irrespective of their ethnic origin. 2 Serbs are an ethnic group whose members may be natives of Serbia or of any other State of the former Yugoslavia. The term “Serb” is normally used to refer to members of the ethnic group, regardless of their nationality; it is not to be confused with the term “Serbian” which normally refers to nationals of Serbia. 1