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Golubović : Prosecutor's Office of Bosnia and Herzegovina v. Blagoje Golubović
Verdict, 10 Jul 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Blagoje Golubović was born in Strganci, Bosnia and Herzegovina, on 18 April 1965. He was charged with participating in the plan of the forces of the Serb Republic of Bosnia and Herzegovina (later known as Republika Srpska) to kill the non-Serb civilians of the municipality of Foča. Golubović was charged with crimes against humanity.
On 6 July 2009, the Prosecutor’s Office of Bosnia and Herzegovina dropped the charges against Golubović. On 10 July 2009, the Court of Bosnia and Herzegovina passed a verdict dismissing the charges against Golubović.
Lazarević et al.: Prosecutor’s Office of Bosnia and Herzegovina v. Sreten Lazarević, Dragan Stanojević a/k/a Janjié , Mile Marković a/k/a Cigo and Slobodan Ostojić
Decision , 21 Aug 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Božić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Zdravko Božić et al.
Verdict, 5 Oct 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
In this second-instance verdict, the Appellate Division upheld the first-instance verdict and found the accused Mladen Blagojević guilty of crimes against humanity. The Division sentenced him to seven years of imprisonment. The other three accused, Zdravko Božić, Zoran Živanović and Željko Zarić, were acquitted.
Pinčić: The Prosecutor v Zrinko Pinčić
Appellate Verdict, 2 Dec 2009, Court of Bosnia and Herzegovina (Section II, Panel of the Appellate Division), Bosnia and Herzegovina
During the conflict in the Former Yugoslavia, Zrinko Pinčić was a member of the Croat Defense Council (HVO). Between November 1992 and March 1993, he came to a house in the village of Donje Selo, Konjic Municipality, were Serb civilians were detained. During this time, Pinčić repeatedly took one woman from the room where other civilians were detained, and forced her to sexual intercourse, holding his rifle by the bed and threatening her that he would bring another 15 soldiers to rape her and other detainees, if she refused him.
On 28 November 2008 the Court of Bosnia and Herzegovina found Zrinko Pinčić guilty of War Crimes against Civilians and sentenced him to 9 years in prison. Both the Prosecutor’s Office and the Defence appealed the decision. The Prosecutor appealed the sentencing part of the Verdict, finding the sentence too lenient. The Defence appealed the Trial Verdict because of: essential violations of the criminal procedure provisions; violations of the Criminal Code; erroneously and incompletely established state of facts and the decision on the costs of the criminal proceedings.
The Appellate Panel of the Court of Bosnia and Herzegovina dismissed all Appeals as unfounded and upheld the Trial Verdict in its entirety.
Haradinaj et al.: The Prosecutor v. Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj (AC)
Judgment (Public), 19 Jul 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
In 1998 the Kosovo Liberation Army engaged in a campaign against civilians in Dukagjin, Kosovo. The three accused, Haradinaj, Balaj and Brahimaj were indicted on charges of war crimes and crimes against humanity for their roles in these crimes.
The Trial Chamber, however, found that only Brahimaj was guilty on two counts of war crimes.
The Appeals Chamber examined the findings of the Trial Chamber and the arguments of both the Prosecution and Brahimaj. It decided to grant the first ground and partially grant the third ground of appeal of the Prosecution. For the first ground, it held that the Trial Chamber failed to ensure that potentially important evidence will be presented during the trial. Therefore, it ordered the re-trial of the three accused for certain counts. For the third ground, it ruled that the Trial Chamber erred in its findings relating to the crime of cruel treatment. Although it ruled that this crime did occur, the Appeals Chamber found Balaj not liable for it, and upheld the acquittal.
Out of the 19 grounds of appeal of Brahimaj, the Appeals Chamber only partially granted one, on the basis of errors in the Trial Chamber's findings with regard to the charges on torture.
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