VERDICT OF THE FEDERAL COURT Kps - 108/84 IN THE NAME OF THE PEOPLE The Council of the Federal Court, with judges Borivoj Niksic (president), Obrad Cvijovic, Ivan Bele, Ilija Durbaba, Petar Lestarov (council members), and higher court advisor Olga Borcic as the recording secretary -- in the case against Alija Izetbegovic and Omer Behmen for the crime as specified in Article 136 Paragraph 1 and in connection to Article 114 of the Criminal Law of the Socialist Federal Republic of Yugoslavia (SFRY); Hasan Cengic, Ismet Kusumagic, Edhem Bicakcic, and Huso Zivalj for the crime as specified in Article 136 Paragraph 2 of the Criminal Law of SFRY; as well as Salih Behmen, Mustafa Spahic, Dzemal Latic, Meliko Salihbegovic and Dervis Djurdjevic for the crime as specified in Article 133 Paragraph 1 of the Criminal Law of SFRY — has made a decision with respect to the requests made by the convicted Alija Izetbegovic, Edhem Bicakcic, Huso Zivalj, Salih Behmen, and Dzemal Latic, and the requests made by the defense councils of all those convicted for an extraordinary reexamination of the legally valid verdict of the Sarajevo District Court, K-212/83 dated August 20, 1983, and the verdict of the Supreme Court of Bosnia & Herzegovina, Kz-1208/83 dated March 14, 1984, at a session of the council held ‘on October 31, 1985, has passed the following VERDICT L. The requests made by the convicted Alija Izetbegovic, Edhem Bicakcic, Huso Zivalj, and their defense attorneys, as well as the requests made by the convicted Omer Behmen, Hasan Cengic, Ismet Kasumnagic, and Dzemal Latic for an extraordinary reexamination of the legally valid verdict has been partially accepted and the verdict of the Supreme Court of Bosnia & Herzegovina Kz-1208/83, dated March 14, 1984, has been altered in such a way that the accused Alija Izetbegovic, Omer Behmen, Hasan Cengic, Ismet Kasumagic, Edhem Bicakcic, Huso Zivalj, and Dzemal Latic are guilty of: I- Alija Izetbegovic and Omer Behmen 1. At the beginning of 1974 and in earlier times on a number of occassions, they had discussed amongst themselves the necessity to begin activities to achieve an Islamic renaissance and to Islamitize Muslims here, as well as choosing the best way to reach this goal, They agreed that firstly this renaissance should begin in written form with texts that would catch the interest of a wider circle of individuals, in order to win them over. Alija Lzetbogovic followed the suggestions of Omer Behmen and wrote the Islamic Declarations’, believing this text in the form of an invitation, ie. manifesto, to be the most effective method to awaken the Islamic consciousness of individuals and spur the process of an Islamic renaissance, as they understood it. Alia Izetbegovic then presented the ‘Islamic Declarations’ to Omer Behmen, Hasib Brankovic and Esref Avdagic. In the ‘Preface’ - in which itis stipulated that it (the Declaration) is meant for Muslims who know where they belong and who truly feel in their hearts where they stand - it is written that for such individuals these declarations represent an invitation to prompt the necessary consequences to which this love and orientation obligates them. The new element in these declarations isthat the ideas and plans be transformed into organized actions for reaching the objectives, which are described in the finel text of the ‘Islamic Declarations’ as being the ‘Islamization of Muslims” along with the slogan “believing and fighting”, as well as stating that the only way out from the current situation of Muslims is to create and gather new minds, hoisting the flag of the Islamic system and, together with the Muslim masses, embark on its realization, The principle of the Islamic system and renaissance is described as: History knows not a single example of a systematic Islamic movement that was not simultaneously a political movement, Islam is a religion, as well as a philosophy, morale, atmosphere - in a nutshell, an integral way of life. ‘The Islamic system is a union of religion and polities. The primary important conclusion is certainly the conclusion about the impossibility of connecting Islamic and non-Islamic institutions. There is no morale and coexistence of the faith of Islam and non-Islamic social and political institutions. Having the right 10 determine its world on its own, Islam clearly eliminates the right and possibility of any foreign ideology to exist on its territory. Hence, there is no laymen principle and the state must be an expression of the moral concepts of religion and in support of those same ‘moral concepts. Islam cannot accept the division and grouping of people according to a foreign, objective criteria, as is ‘class’. The Islamic system is the union of religion and a social/political system. The Islamic renaissance cannot begin without a religious revolution and cannot be completed without a political revolution In our case a religious revival means the ‘Islamization’ of people calling themselves Muslims or who are referred to by others in that way. Stressing the importance of religious and moral revival does not mean the Islamic system can be achieved without Islamic authorities. This platform means our path does not begin only with taking authority into our own hands, rather winning over the people and that the Islamic renaissance is firstly a renaissance in upbringing, only afier which can it be political. This means that we first must become preachers, then soldiers. The Islamic movement could, and should, begin taking over authority as soon as it is strong enough morally and in numbers, so as 10 not only replace the existing non-Islamic authorities but also build a new Islamic authorityUnder the current conditions this aspiration means creating a large Islamic federation... This vision makes certain people in our midst, who consider themselves realistic, nervous - which is all the more reason for us to more clearly and loudly propagate this goal. Who will, if possible, carry out this transformation? The young generation will be able 10 carry out their task of transformation only if their aspirations will be in the form of an organized movement where their enthusiasm and personal values will be united with the methods of a coordinated and joint action. The creation Of this movement with its basic goal and program proves itself to be an irrevocable condition and starting point for the renaissance in every Muslim country. This movement will: gather the developed; develop the undeveloped; define goals and find ways to achieve them. It will introduce life, thought and action everywhere. It will become the conscience and will of one world afier a deep and long sleep. By sending this message to all the Muslims in the world we clearly stress there is no promised land, miracle workers or messiahs. There is only the way of work, battles and sacrifices. Some time between 1976 and 1983 they presented the ‘Islamic Declarations’ for perusal and use to a larger number of Muslim intellectuals in Bosnia & Herzegovina - Husein Djozo, Muhamed Kupusovic, Huso Zivalj, Hasan Cengic, Rusmir Muhmutcenhajic, Mehmedalija Hadzic, Meiko Salihbegovic, Edhem Bicakcic and discussed the Declaration’s meaning with Ismet Kasumagic and Salih Behmen, as well as with Teufik Velagic, Dr Smail Balic, Esref Avdagic - who were abroad. For their cause they won over Hasan Cengic, Ismet Kasumagic, Huso Zivalj and Edhem Bicakcic, who together with Omer Behmen and Alija Izetbegovic implemented the above mentioned principles into practical use. In 1981 Alija Izetbegovic and Husein Djozo agreed to establish a collection of texts for release, titled ‘Prodlems of the Islamic Renaissance’, with complete transcripts of part of the ‘Islamic Declarations’. One copy was given to Husein Djozo for use with students. Another was given to Hasan Cengic for lectures in the leather worker’s small mosque. One copy to Omer Behmen, who gave it to Edhem Bicakcic and another copy was. given to Ejub Hadzic. 2. In the summer of 1981 in Sarajevo, they agreed Edhem Bicakcic should create a draft copy of a text that would deal with the question of ‘Muslims in Yugoslavia’, which would later serve as a base for the preparation of a book. This draft called ‘Muslims in Yugoslavia’ was composed by Omer Behmen. At the request of Alija Izetbegovie, Omer Behmen wrote the above draft for Alija Izetbegovic’s preparations for a congress on ‘Muslim ethnic minorities held in Canada. Alija Izetbegovic made substantial amendments to the text ‘Muslims in Yugoslavia’ and at the beginning of 1982 returned the draft to Omer ‘Behmen, telling him to wait for it’s publishing. In the text it was emphasized that, “after the liberation (WW IL) the Islamic religious community was placed under the authority of state authorities in order to prevent resistance to the open “de-Islamization” of Muslims and that the appointed Reis Ul-ulema were puppets of the regime, while Communist Party supporters ~ often party members - were placed into religious bodies. The most suffering