The Prosecutor v. Miroslav Deronjić

Court	International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Case number	IT-02-61-A
Decision title	Judgment on Sentencing Appeal
Decision date	20 July 2005
Parties	The Prosecutor Miroslav Deronjić
Categories	Crimes against humanity
Keywords	crimes against humanity, persecution, Glogova, guilty plea, joint criminal enterprise, plea agreement, Sentence
Links	Appeal on sentencing judgment
Other countries involved	Bosnia and Herzegovina

Summary

Miroslav Deronjić was brought before the ICTY for his role in the commission of crimes in the village of Glogova in Bosnia and Herzegovina in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties and homes. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty. He was sentenced to 10 years' imprisonment.

He appealed the imposed sentence, adducing four grounds of appeal.

First, he argued that Trial Chamber II reached its conclusions on the basis of evidence that was not among the documents agreed upon with the Prosecution. Furthermore, he asserted that Trial Chamber II erroneously found that it was not bound to apply a more lenient penalty than the national laws of the former Yugoslavia would envisage. The Appeals Chamber concluded that those domestic laws do not bind the Tribunal and thus his argument could not be upheld. In his last two grounds of appeal, Deronjić argued that Trial Chamber II made errors in the assessment of the aggravating and mitigating circumstances. The Appeals Chamber found, however, no errors.

As a result, all four grounds of appeal were dismissed and the sentence of 10 years of imprisonment was upheld.

Procedural history

The second amended indictment was filed on 29 September 2003.

On 29 September 2003, the parties entered a Plea Agreement pursuant to the second amended indictment and a separate factual basis.

During the Sentencing Hearing between 27 and 28 January 2004, the Trial Chamber entered a finding of guilt with respect to the charge of persecutions. After the sentencing hearing, Trial Chamber II identified discrepancies in the statement of Deronjić, the operative indictment and the factual basis. Accordingly, on 20 February2004, Trial Chamber II ordered a new sentencing hearing to be held on 5 March 2004.

On 5 March 2004, the Trial Chamber found that the guilty plea fulfilled the prerequisite requirements and entered a finding of guilt on the same day for the charge of persecutions on the basis of Deronjić's substantial participation in a joint criminal enterprise.

Trial Chamber II rendered its Sentencing Judgement on 30 March 2004 in which sentenced Deronjić to 10 years of imprisonment.

Deronjić filed his notice of appeal on 28 April 2004, followed by his brief on appeal on 22 July 2004. The hearing on appeal took place on 17 June 2005.

Related developments

On 24 November 2005, Miroslav Deronjić was transferred to Sweden to serve the remainder of his sentence. There, Deronjić died on 19 May 2007 while serving his sentence.

Legally relevant facts

The events giving rise to the case occurred in the village of Glogova in the Bratunac Municipality of Bosnia and Herzegovina. On 8 May 1992, Deronjić ordered the attack of Glogova which resulted in the deaths of Bosnian Muslim inhabitants, the destruction of their homes, properties and mosques. The attack formed part of a joint criminal enterprise which aimed to remove the Bosnian Muslim inhabitants from Glogova through the commission of crimes against them. During this period, Deronjić was the President of the Bratunac Crisis Staff and a member of the Serbian Democratic Party of Bosnia and Herzegovina (para. 2).

On 29 September 2003, the parties made a plea agreement and on 30 September 2003, Miroslav Deronjić pleaded guilty to the charge of persecutions. On 5 March 2004, the Trial Chamber found that the guilty plea fulfilled the prerequisite requirements and entered conviction on the charge of persecutions as a crime against humanity on the basis of Deronjić's substantial participation in a joint criminal enterprise. In its sentencing judgement of 30 March 2004, Trial Chamber II sentenced Deronjić to 10 years of imprisonment (paras. 3-4).

Core legal questions

Did Trial Chamber II err in its findings with respect to the sentence of Miroslav Deronjić?
Can the Appeals Chamber uphold any of the grounds of appeal adduced by the Appellant?

Specific legal rules and provisions

Articles 23, 24 and 25 of the ICTY Statute.
Rules 62bis, 100 to 106, 117 and 118 of the ICTY Rules of Procedure and Evidence.

Court's holding and analysis

In the first ground of appeal, Deronjić argued that Trial Chamber II reached conclusions on the basis of evidence not contained in the Second Amended Indictment, the Plea Agreement or the Factual Basis agreed upon with the Prosecution. (para. 9). The Appeals Chamber found no errors in the assessment of Trial Chamber II (paras. 12 et seq.).

In his second ground, Deronjić argued that “the principle oflex mitior is applicable in his case and submit[ed] that the Trial Chamber erred in law and in fact in concluding that “the Tribunal, having primacy vis-à-vis national jurisdictions in the former Yugoslavia, is not bound to apply a more lenient penalty … ” (para. 93). The Appeals Chamber asked itself “whether differing national criminal laws are relevant and applicable to the law governing the sentencing consideration of the International Tribunal” (para. 97). It concluded that “[it] is not bound by the law or sentencing practice of the former Yugoslavia, [therefore] the principle of lex mitior is not applicable in relation to those laws” (para. 98).

Furthermore, the Appeals Chamber found no errors in Trial Chamber II's assessment of the aggravating and mitigating circumstances (paras. 100 et seq; 129 et seq.). Accordingly, having dismissed all grounds of appeal, the Appeals Chamber affirmed the sentence of 10 years' imprisonment.