Tokens: 38
.
In
a
judgment
of
25
April
2000
,
the
Criminal
Affairs
Division
quashed
the
impugned
judgment
and
returned
the
case
file
to
the
Principal
Public
Prosecutor
's
Office
with
instructions
to
make
additional
inquiries
.
It
stated
in
its
judgment
that
there
were
lacunae
in
the
Regional
Court
's
reasoning
.
In
particular
,
the
Regional
Court
had
failed
to
deal
clearly
with
questions
that
were
decisive
to
the
outcome
of
the
case
.
Thus
,
issues
such
as
whether
Mazie
Bati
had
in
fact
been
within
an
“
occupied
territory
”
,
whether
the
applicant
and
his
victims
could
be
classified
as
“
combatants
”
and
“
non
-
combatants
”
respectively
and
whether
the
fact
that
the
German
military
administration
had
armed
the
villagers
would
make
them
“
prisoners
of
war
”
in
the
event
of
their
arrest
remained
unresolved
.
In
addition
,
the
Criminal
Affairs
Division
stated
that
in
the
special
circumstances
of
the
case
,
the
prosecution
should
have
consulted
specialists
on
history
and
international
criminal
law
.
It
also
decided
to
vary
the
preventive
measure
that
had
been
imposed
on
the
applicant
and
ordered
his
immediate
release
.
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