Prosecutor's Office of Bosnia and Herzegovina v. Gojko Janković
Court |
Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina |
Case number |
X-KRŽ-05/191 |
Decision title |
Verdict |
Decision date |
23 October 2007 |
Parties |
- Gojko Janković
- Prosecutor's Office of Bosnia and Herzegovina
|
Categories |
Crimes against humanity |
Keywords |
murder, torture, crimes against humanity, deportation, enslavement, Foca, illegal detention, rape/sexual violence |
Links |
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back to topSummary
In the second instance verdict of the Gojko Janković case, the Appellate Panel upheld the defence appeal only in the part of the legal qualification of the acts constituting crimes against humanity. It refused all of the other points of appeal entered by the defence, including the modification of the long term imprisonment of 34 years.
The case of Gojko Janković was the second case referred by the ICTY to the Court of BiH for further processing.
back to topProcedural history
On 13 March 2005 Gojko Janković voluntarily surrendered and was on 14 March 2005 transferred to the International Criminal Tribunal for the former Yugoslavia (ICTY).
The ICTY decided to transfer the case to the Court of BiH on 15 November 2005, and the accused was transferred to BiH on 8 December.
The Court of BiH confirmed the indictment against Gojko Janković on 20 February 2006. The initial (14 February 2006) and amended (27 June 2006) indictments can be found here and here.
On 16 February 2007, the Trial Panel of the Court of Bosnia and Herzegovina found Gojko Janković guilty of crimes against humanity and sentenced him to 34 years’ imprisonment. Gojko Janković was originally indicted together with Radovan Stanković, Dragan Zelenović, Dragan Gagović, Janko Janjić, Radomir Kovać, Zoran Vuković and Dragoljub Kunarac before the International Criminal Tribunal for the former Yugoslavia.
back to topRelated developments
On 19 November 2007 the Appellate Panel issued its verdict, partially upholding the defence appeal. The Trial Panel’s verdict remained unchanged regarding the long term imprisonment of 34 years imposed on the accused.
On 12 April 2010, the defence filed a motion asking that the case of Gojko Janković be referred back to the ICTY or, alternatively, that he is re-tried before the Court of BiH on the basis of the original indictment by the ICTY.
On 21 June 2010 the Referral Bench rejected the defence motion.
back to topLegally relevant facts
Gojko Janković was the leader of a military unit within the Foča brigade of the Army of the Srpska Republika BiH and was alleged to have participated in a widespread and systematic attack of the army, police and paramilitary formations on the non-Serb civilian population of the Foča municipality between April 1992 and November 1993.
In pronouncing its verdict, the Trial Panel stated that in July 1992, Janković commanded a group of soldiers who attacked Muslim civilians hiding in the forest in the Kremnik hill. On several occasions between mid-June 1992 and January 1993, Janković raped female detainees and, together with Dragoljub Kunarac, he kept two of them in sexual slavery throughout this period.
back to topCore legal questions
The Appellate Panel was called to review several issues:
- Had there been essential violations of provisions of the Criminal Procedure Code of BiH, especially in contravention of the in dubio pro reo principle?
- Was the appointment of international judges contrary to the constitutional and statutory laws of BiH?
- Did the first instance verdict erroneously establish some state of facts?
back to topSpecific legal rules and provisions
Criminal Code of Bosnia and Herzegovina:
- Article 56 (credit for the period spent in custody and credit for punishment under an earlier sentence).
- Article 172(1)(a), (d), (e), (f) and (g) (crimes against humanity).
Criminal Procedure Code of Bosnia and Herzegovina:
- Article 3(2) (presumption of innocence and in dubio pro reo).
- Article 45(3) (mandatory defense).
- Article 138(3) (ordering custody after the verdict is pronounced).
- Article 181(1) (enforceability of decisions).
- Article 188(4) (costs of proceedings when the accused is found guilty).
- Article 198(2) (ruling on the claims under property law).
- Article 296 (grounds for appeal).
- Article 297(1)(a), (c), (d), (i) and (k) (essential violations of the criminal procedure provisions).
- Article 310(1) (decisions on the appeal).
- Article 314 (revision of the first instance verdict).
European Convention on Human Right (ECHR):
- Article 6 (right to a fair trial).
back to topCourt's holding and analysis
The Appellate Panel partially upheld the defence appeal, and modified the Trial Panel’s verdict in the legal qualification of the acts constituting crimes against humanity. It acquitted Janković of the charge that, on several occasions between 7 April and the end of May 1992, Janković and one more person raped or took part in the raping of protected witness E who lived in the municipality of Foča.
The first instance verdict remained unchanged in all of the remaining parts, including the long term imprisonment of 34 years.
back to topInstruments cited
back to topAdditional materials
- Court of Bosnia & Herzegovina, ‘Gojko Janković transferred to Bosnia and Herzegovina’, 8 December 2005.
- ‘Gojko Jankovic transferred to BiH’, Genocide Watch, 8 December 2005.
- Court of Bosnia & Herzegovina, ‘Confirmation of indictment in the Gojko Janković case’, 20 February 2006.
- Court of Bosnia & Herzegovina, ‘Plea hearing in the Gojko Janković case postponed’, 7 March 2006.
- Court of Bosnia & Herzegovina, ‘Gojko Janković pleaded not guilty’, 16 March 2006.
- Court of Bosnia & Herzegovina, ‘Main trial opened in the Gojko Janković case’, 21 April 2006.
- ‘Jankovic trial starts’, Justice Report, 21 April 2006.
- Court of Bosnia & Herzegovina, ‘New indictment in the Gojko Janković case confirmed’, 4 July 2006.
- ‘Jankovic: Additional indictment confirmed’, Justice Report, 4 July 2006.
- ‘Jankovic enters a second not guilty plea’, Justice Report, 18 July 2006.
- Court of Bosnia & Herzegovina, ‘Gojko Janković pleaded not guilty’, 19 July 2006.
- ‘Two witnesses claim that Jankovic raped them’, Justice Report, 3 August 2006.
- ‘Jankovic: First defence witnesses’, Justice Report, 19 October 2006.
- ‘Jankovic asks for acquittal’, Justice Report, 14 February 2007.
- Court of Bosnia & Herzegovina, ‘Gojko Janković sentenced to 34 years long term imprisonment’, 16 February 2007.
- Court of Bosnia & Herzegovina, ‘Appellate Panel hands down the verdict in Gojko Janković case’, 19 November 2007.
- ‘Gojko Janković pravosnažno osuđen na 34 godine zatvora’, Blic, 19 November 2007 (in BSC, ‘Gojko Janković sentenced to 34 years of imprisonment).
- ‘Jankovic: Second Instance Verdict Pronounced’, Justice Report¸19 November 2007.
- ‘Gojko Jankovic Files a Complaint with Hague Tribunal’, Justice Report, 22 June 2010.
- Matteo Fiori, ‘The Foča “Rape Camps”: A dark page read through the ICTY’s jurisprudence’, The Hague Justice Portal.
- ICTY, ‘Janković & Stanković Fact Sheet’.
- The Hague Justice Portal, ‘Janković, Gojko’.