Niset Ramić v. The Prosecutor

Court	Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
Case number	X-KRŽ-06/197
Decision title	Appellate Verdict
Decision date	21 November 2007
Parties	The Prosecutor Niset Ramić
Other names	Minđuša
Categories	Human rights violations, Torture, War crimes
Keywords	diminished mental capacity, Former Yugoslavia, War Crimes against Civilians
Links	Appellate Verdict

Summary

On 20 June 1992 in the village of Hlapčevići, Ramić ordered a group of around eight soldiers to surround three Serb inhabitants’ houses. Following this, together with other soldiers, he took six individuals of Serb ethnicity out of the houses and ordered them to move toward the Youth Centre in the village of Hlapčevići. On their way to the Centre, Ramić stopped the group and called one person to step out and to inform him about the location of hidden weapons and minefields. After this person did not answer, Ramić shot him with an automatic firearm, and then turned to the other captured civilians and fired at them as well. As a consequence, four civilians were killed and two wounded. These acts constitute a violation of the rules of the laws of war, as set out in the Geneva Conventions.

Ramić pleaded not guilty. However on 17 July 2007 the Court sentenced him to 30 years imprisonment for War Crimes against Civilians. On 21 November 2007 the Appellate Panel issued the final verdict in the Ramić case, finding that the appeal was unfounded and that the Trial Panel’s verdict sentencing Ramić to 30 years of long-term imprisonment had to be upheld.

Procedural history

On 28 March 1990, the Military Court in Ljubljana convicted the Accused to imprisonment of three months, suspended sentence of one year, for the criminal offense in violation of Article 165 of the Criminal Code of the Socialist Republic of Slovenia (LK-17/90).

On 24 July 1996 the Accused was convicted by the High Court in Zenica (K-5/96) to imprisonment for a term of 20 years for the criminal offense in violation of Articles 151(1), 151(2) and 36 (2) of the Criminal Code of the Republic of Bosnia and Herzegovina. This sentence was replaced by a sentence of 19 years’ imprisonment (through the Decision of the Presidency of the Federation of Bosnia and Herzegovina No. 01-602/97 of 3 September 1997) and reduced by 4 months through Decision No. 01-011-765/98 of the same Presidency of 24 November 1998.

30 July 2001: Convicted by the Municipal Court in Vitez (K-267/98) to imprisonment for a term of four years for the criminal offense in violation of Article 36 (1), in conjunction with Article 19 of the Criminal Code of the Socialist Federal Republic of Yugoslavia.

19 October 2001: Convicted by the Cantonal Court in Zenica (KV-152/01) for the criminal offense of Aggravated Cases of Theft in the Nature of Robbery and Robbery, in violation of Article 151 (2) of the Criminal Code of the Republic of Bosnia and Herzegovina, and the criminal offense of Murder, in violation of Article 36 (2) 4) of the Criminal Code the Republic of Bosnia and Herzegovina.

16 January 2003: Convicted by the Cantonal Court in Zenica (K-70/97) to imprisonment for the term of one year for the criminal offense in violation of Article 151(1) of the Criminal Code of the Federation of Bosnia and Herzegovina.

On 13 October 2006, a preliminary hearing judge of Section I for War Crimes of the Court of Bosnia and Herzegovina confirmed an indictment against the Accused, charging him with war crimes against civilians.

On 17 July 2007, by first instance verdict, the Court of Bosnia and Herzegovina found Niset Ramić guilty of war crimes against civilians and sentenced him to 30 years’ imprisonment.

Related developments

Niset Ramić is currently imprisoned.

Legally relevant facts

The indictment states that in the early morning of 20 June 1992, the Accused, a member of a sabotage unit within the 2^nd Detachment of the Municipal Staff of the Territorial Defense in Visoko, came to the settlement of Hlapčevići to look for weapons and ordered a group of around eight soldiers whom he led to surround and search Serb inhabitants’ houses. Several civilians were captured and tied up. The Accused then ordered them to go towards the Youth Center of the municipality.

At a certain point, he stopped them and lined them up against a wall of a house. One person was asked about the location of hidden weapons and minefields. When this person did not respond, Ramić shot him with an automatic firearm. He then turned to the others and shot them as well. While lying on the ground, the civilians were shot a second time. The armed men then left (p. 2). The indictment states that by doing so, Ramić, violated the provisions of Article 3 (1) a) and Article 31 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949, committed murder by attacking the civilian population, the attack resulting in four deaths and grave bodily injuries of two civilians. He also committed the criminal offense of War Crimes against Civilians in violation of Article 173 (1) a) and c) of the Criminal Code of Bosnia and Herzegovina, in conjunction with Article 180 (1) of the said Code (p. 2).

Core legal questions

Was the operative part of the first instance Verdict of 17 July 2007 incomprehensible, contradictory and lacking reasons concerning decisive facts?
What is the appropriate consequence for the sentencing in view of the Accused’s diminished mental capacity?
Did the Accused commit the acts concerned with direct intent, that is to say with awareness and willingness?

Specific legal rules and provisions

Articles 34(2), 173(1)(c) and 180(1) of the Criminal Code for Bosnia and Herzegovina.
Common Article 3 (1) of the Geneva Conventions.

Court's holding and analysis

The Appellate Panel fully accepts the conclusion of the first instance Panel that the Accused committed the aforementioned acts with direct intent (p. 5). The Panel moreover determines that though the Accused’s mental capacity is diminished, it is not diminished considerably. A less severe punishment is therefore not required (p. 5).

Regarding the defence’s claims that the first instance Panel made an erroneous application of substantive law, the Appellate Panel notes that the CC BiH is in any case more lenient than the Criminal Code of the Socialist Federal Republic of Yugoslavia, which was applicable at the time of the acts. The Panel determines that the first instance Panel gave fully comprehensive and valid reasons why it applied the CC BiH to the acts of the Accused. Furthermore, the Panel notes that there is nothing incomprehensible in the operative part of the Verdict (p. 3). Lastly, the Panel finds the sentence to be appropriate for achieving the purpose of punishment. Therefore the Panel finds the Appeal unfounded, and upholds the first instance verdict (pp. 1 & 6-7).

Further analysis

A. Cassese (ed), The Oxford companion to international criminal justice, Oxford University Press, Oxford: 2009,pp. 882-883.

Instruments cited

Geneva Convention relative to the Protection of Civilian Persons in Time of War (GC IV), 12 August 1949, 75 UNTS 287, entered into force 21 October 1950.
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (AP I), 1125 UNTS 17512, 8 June 1977, entered into force 7 December 1978.
Criminal Code of Bosnia and Herzegovina, 2003.

Related cases

ICTY, Appeals Chamber, The Prosecutor v. Erdemović, Case No.: IT-96-22-A, Judgment, 7 October 1997.
ICTY, Appeals Chamber, The Prosecutor v. Simic, Case No.: IT-95-9-A, Judgment, 28 November 2006.
Constitutional Court of BiH, Abduladhim Maktouf, Case No. AP 1785/06, Decision, 30 March 2007.
Decision of the Cantonal Court in Zenica No. Kv-52/05, 20 July 2005 (not accessible online).