The Prosecutor v. Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Vladimir Šantić

Court	International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Case number	IT-95-16-A
Decision title	Appeal Judgement
Decision date	23 October 2001
Parties	The Prosecutor Zoran Kupreškić Mirjan Kupreškić Vlatko Kupreškić Drago Josipović Vladimir Šantić
Categories	Crimes against humanity
Keywords	acquittal, Ahmici, crimes against humanity, errors, evidence, Persecutions
Links	Appeal Judgement
Other countries involved	Bosnia and Herzegovina

Summary

Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, and Vladimir Šantić were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim population of the village of Ahmići in Bosnia and Herzegovina. In April 1993, the Bosnian Croat forces attacked the village, aiming to remove the Muslim inhabitants through the commission of crimes against them. The attack resulted in the deaths of over a hundred Muslim inhabitants, numerous others were wounded and Muslim houses and mosques were destroyed. Trial Chamber II convicted Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Vladimir Šantić of crimes against humanity.

The Appeals Chamber found errors in Trial Chamber II’s assessment of certain key evidence and concluded that the remaining evidence was insufficient to uphold the convictions of Zoran, Mirjan, and Vlatko Kupreškić. Accordingly, the Appeals Chamber acquitted them of all charges.

The Appeals Chamber also found factual errors in Trial Chamber II’s assessment of the role and participation of Drago Josipović and Vladimir Šantić in the attacks. The implication of these errors warranted a reduction of sentence, and therefore, the Appeals Chamber sentenced Josipović to 12, and Šantić to 18 years of imprisonment.

Procedural history

The amended indictment was filed on 9 February 1998. The trial commenced on 17 August 1998, and Trial Chamber II rendered its judgment on 14 January 2000.

Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović and Vladimir Šantić filed their respective notices of appeal in the period between 24 and 28 January 2000. The Prosecution filed its notice of appeal on 31 January 2000.

The appeals hearing took place from 23 to 25 July 2001.

Related developments

Drago Josipović and Vladimir Šantić were transferred to Spain to serve their sentences on 9 April 2002 and 11 April 2002 respectively (see ICTY, 'Drago Josipovic Transferred to Spain to Serve Prison Sentence', ICTY Press Release, 9 April 2002; and ICTY, 'Vladimir Santic Transferred to Spain to Serve the Remainder of His Prison Sentence, 12 April 2002).

On 30 January 2006, Drago Josipović was granted early release.

On 9 February 2009, Vladimir Šantić was granted early release.

Legally relevant facts

On 16 April 1993, Bosnian Croat forces attacked the village of Ahmići in Bosnia and Herzegovina. The operation was a deliberate attack on the Muslim civilians of Ahmići, aiming to cleanse the area of its Bosnian Muslim inhabitants. The attack resulted in the deaths of over a hundred Bosnian Muslims, injuring numerous others and destroying Muslim houses and mosques (para. 1).

In April 1993, Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, and Drago Josipović were members of the Bosnian Croat forces (HVO). Vladimir Šantić was the local commander of the military police and of an anti-terrorist unit of the Croatian Military Police called the “Jokers” (para. 6 et seq.).

Trial Chamber II found Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Vladimir Šantić guilty of persecution (as crimes against humanity) for their individual involvements in the commission of crimes. Trial Chamber II, absent sufficient evidence and due to cumulative convictions, acquitted the Defendants on certain counts (para. 1).

Core legal questions

Did Trial Chamber II err in its legal and/or factual findings with respect to the convictions and sentences of Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Vladimir Šantić?
Can the Appeals Chamber uphold any of the grounds of appeal adduced by the Appellants?

Specific legal rules and provisions

Articles 24 of the ICTY Statute.
Rules 101, 115 and 117 of the ICTY Rules of Procedure and Evidence.

Court's holding and analysis

The Appeals Chamber determined that “the Trial Chamber erred in accepting the identification evidence of Witness H” (para. 227) and “[i]n the absence of Witness H’s testimony, the cases against Zoran and Mirjan Kupreškic cannot stand. [Since the] other evidence submitted does not sustain the convictions of the two Defendants … the Appeals Chamber must conclude that a miscarriage of justice has occurred in the present case” (para. 245). Accordingly, the convictions against Zoran and Mirjan Kupreškić were reversed.

The Appeals Chamber has determined that Trial Chamber II erred in its factual findings relating to Vlatko Kupreškić’s police membership and the presence of troops at his house in April 1993. The Appeals Chamber found that “no reasonable tribunal of fact could find Vlatko [Kupreškić] guilty as an aider and abettor of persecution based on the remaining evidence. The Appeals Chamber, therefore, finds that a miscarriage of justice has been occasioned” (para. 304). Accordingly, Kupreškić was acquitted as well.

The Appeals Chamber also found errors in Trial Chamber II’s findings relating to Drago Josipović and Vladimir Šantić‘s participation and role in the attacks. Although their convictions were affirmed, the Appeals Chamber reduced their sentences to 12 and 18 years’ imprisonment, respectively (para. 427 et seq.; 440 et seq.).