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Lekaj: Office of the War Crimes Prosecutor v. Anton Lekaj (aka "Pinđo" aka "Balt")

Indictment, 7 Jul 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Anton Lekaj, born in 1980, was a member of the ‘Cipat’ group within the military police forces of the Kosovo Liberation Army (KLA). In 1999, there was an ongoing conflict between the Federal Republic of Yugoslavia, Serbia and Kosovo.

Between 12 and 15 of June 1999, Lekaj, together with other members of the KLA, detained 13 non-Albanian civilians and transferred them to premises in the Pastrik Hotel. The 13 civilians were beaten, tortured, sexually abused, and some of them were even killed.

Lekaj was arrested in August 2004 and charged with war crimes against civilians. He was subsequently tried in Serbia. On 18 September 2006, he was found guilty for his participation in the crimes and was sentenced to 13 years imprisonment.


Paunović: Prosecutor's Office of Bosnia and Herzegovina v. Dragoje Paunović

Verdict, 27 Oct 2006, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Dragoje Paunović was born on 19 June 1954 in the town of Mojkovac in northern Montenegro. Paunović was a senior officer of a small military formation attached to the Battalion of Rogatica, a battalion part of the Bosnian Serb Army. In the period May to September 1992, attacks were carried out by military and police forces of Bosnia and Herzegovina and by Serbian paramilitary formations against the Bosnian Muslims (Bosniaks) living in the municipality of Rogatica. On 15 August 1992,  Paunović used 27 Bosniaks as protection during a clash between the army of the Republika Srpska and the army of Bosnia and Herzegovina. The Bosniaks were detained in the Rasadnik detention camp in Rogatica, and later driven to the town of Jacen in Rogatica where 24 of them were subsequently killed under the orders of Paunović. The Court of Bosnia and Herzegovina found Paunović guilty of crimes against humanity and sentenced him to 20 years in prison.


Brđanin: The Prosecutor v. Radoslav Brđanin

Appeals Judgment, 3 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Radoslav Brđanin, the president of the Crisis Staff of the Autonomous Region of Krajina (ARK) in Bosnia and Herzegovina, was found guilty of war crimes and crimes against humanity by Trial Chamber II for his role in the perpetration of crimes against the non-Serb population of the ARK in 1992.

The Appeals Chamber accepted Brđanin's ground of appeal with respect to alleged errors made in his conviction for torture in the trial judgment. Lacking sufficient evidence, it could not be proven that he aided and abetted the commission of this crime. Furthermore, the Appeals Chamber concluded that Trial Chamber II made an error with regard to the facts of the attack on the town of Bosanska Krupa. Subsequently, Brđanin's conviction for this crime had to be reversed.

The Appeals Chamber also allowed two of the Prosecution’s grounds of appeal. It held that Trial Chamber II made errors when assessing the requirements for a joint criminal enterprise (JCE) (a mode of responsibility in the jurisprudence of the ICTY), particularly the role of the principal perpetrators within the JCE and their relation to the accused, Brđanin.


Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović

Verdict, 19 Nov 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina

During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. In first-instance, the Court convicted them of war crimes against civilians but the brothers appealed against this verdict. The defence had branded several witness testimonies to be inconsistent and contradictory, but the Court’s Appeal Panel held in second instance that the testimonies were consistent on the most important aspects. Discrepancies were explainable, according to the Appeal Panel, and to this extend the appeal was rejected. However, Goran Damjanović had also been convicted for illegal manufacturing and trade of weapons or explosive substances, and the Appeal Panel considered it unproven that the weapons found in his family’s home belonged to him. To that extend, the verdict was revoked and a re-trial ordered.


Handžić and Dautović : Prosecutor's Office of Bosnia and Herzegovina v. Enes Handžić and Senad Dautović

Indictment, 7 Dec 2007, Court of Bosnia and Herzegovina, Special Department for War Crimes, Bosnia and Herzegovina

Both accused, Enes Handžić and Senad Dautović, were found guilty of war crimes against humanity for their participation in the unlawful transport of civilians to camps, forced labour, inhumane treatments and murders, together with the civilian authorities of the Bugojno Municipality and the military units of the Army of BiH.

The case of Senad Dautović is currently on appeal.


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