Search results

Jean Bosco Barayagwiza was leader of the Rwandan Hutu political party known as the Coalition pour la Défense de la République (CDR). CDR militia, under his leadership, participated in the 1994 torture and massacre of thousands of Rwanda's Tutsi minority, as well as moderate members of the Hutu majority.

Barayagwiza was also the owner and board member of radio station RTLM, which encouraged the violence against the Tutsi by broadcasting messages of hate stating that the Tutsi were "the enemy", "traitors," and "deserved to die”.

A lawsuit for damages was filed against Barayagwiza by individuals related to persons who died in the massacres. On 9 April 1996, the District Court of New York ordered the award of $500,000 per relative for pain and suffering, $1,000,000 in punitive damages per relative victim, in addition to the $5,000,000 requested for each plaintiff.

On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to murder, as a crime against humanity. 

In order to determine the appropriate sentence for Erdemović, Trial Chamber I balanced the relevant sentencing factors.

With respect to duress, Trial Chamber I found that duress may serve as a complete defence under strict conditions, including whether the accused did not have the duty to disobey and whether he had the moral choice to do so or to try to do so. In the present case, these conditions were not met.

Trial Chamber I considered that the crimes committed by Erdemović were of intrinsic gravity. However, it took into consideration a large number of mitigating circumstances, including Erdemović’s age, expression of remorse, guilty plea, co-operation with the Prosecution and the fact that he no longer constitutes a danger.

Trial Chamber I sentenced Erdemović to 10 years’ imprisonment.