The Prosecutor v. Anto Furundžija

Court	International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Case number	IT-95-17/1-A
Decision title	Judgment
Decision date	21 July 2000
Parties	Prosecutor Anto Furundžija
Categories	Torture, War crimes
Keywords	convictions and sentence affirmed, Jokers, Lašva Valley, outrages upon personal dignity, rape, torture, violations of the laws or customs of war
Links	Judgment
Other countries involved	Bosnia and Herzegovina

Summary

Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” (in Nadioci, Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape and other physical and mental suffering. Trial Chamber II found Furundžija guilty of torture and outrages upon personal dignity including rape (as violations of the laws or customs of war). Subsequently, he was sentenced to 10 years of imprisonment.

Furundžija appealed against the judgment of Trial Chamber II, arguing that he was denied the right to a fair trial; that the evidence was insufficient to convict him; that the reliance on evidence of acts that were not charged in the indictment was improper; that the presiding judge should have been disqualified; and that the imposed sentence was excessive.

The Appeals Chamber, unanimously, dismissed all grounds of appeal of Furundžija and affirmed his sentence of 10 years of imprisonment.

Procedural history

The amended indictment was filed on 2 June 1998. The trial commenced on 8 June 1998, and Trial Chamber II rendered its judgment on 10 December 1998.

On 22 December 1998, the Defence filed a notice of appeal against the judgment rendered by Trial Chamber II. The appeal hearing took place on 2 March 2000.

Related developments

On 22 September 2000, Anto Furundžija was transferred to Finland to serve his sentence (see ICTY, 'Zlatko Aleksovski and Anto Furundzija Transferred to Finland to Serve Sentences', Press Release, 25 September 2000).

He was granted early release on 29 July 2004, effective from 17 August 2004 (see ICTY, 'Anto Furundzija Granted Early Release', Press Release, 30 July 2004).

Legally relevant facts

Anto Furundžija was the commander of the “Jokers”, a special unit within the Croatian Defence Council (HVO). As such, he was actively involved in the hostilities against the Muslim population in the Lašva Valley area (in Bosnia and Herzegovina), including the attack on the village of Ahmići (Bosnia and Herzegovina), where he personally participated in expelling Muslims from their homes in furtherance of the armed conflict. The events giving rise to the case against Furundžija have occurred at the “Jokers’” headquarters, a holiday cottage in Nadioci, Bosnia and Herzegovina in May 1993. During this time, Furundžija captured and interrogated women with the intention to obtain information which he believed would benefit the HVO. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering. (para. 66 et seq. of the judgment rendered by Trial Chamber II on 10 December 1998)

Trial Chamber II found Furundžija guilty as a co-perpetrator of torture (a violation of the laws or customs of war) and of aiding and abetting outrages upon personal dignity, including rape (a violation of the laws or customs of war). He was sentenced to 10 years of imprisonment. (p. 112 of the judgment rendered by Trial Chamber II on 10 December 1998)

Core legal questions

Did Trial Chamber II err in its legal and factual findings with respect to the convictions and sentence of Anto Furundžija?
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.
Rule 101 of the ICTY Rules of Procedure and Evidence.

Court's holding and analysis

“The Appellant submit[ted] the following grounds of appeal against the of 10 December 1998:

Ground (1): That the Appellant was denied the right to a fair trial in violation of the Statute;

Ground (2): That the evidence was insufficient to convict him on either count;

Ground (3): That the Defence was prejudiced by the Trial Chamber’s improper reliance on evidence of acts that were not charged in the indictment and which the Prosecutor never identified prior to the trial as part of the charges against the Appellant;

Ground (4): That presiding Judge Mumba should have been disqualified; and

Ground (5): That the sentence imposed upon him was excessive.” (para. 25)

The Appeals Chamber “unanimously, reject[ed] each ground of appeal, dismisse[d] the appeal, and affirm[ed] the convictions and sentences” (para. 79). Accordingly, Anto Furundžija’s sentence of 10 years’ imprisonment remained unchanged.