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Ntakirutimana & Ntakirutimana: The Prosecutor v. Elizaphan Ntakirutimana and Gérard Ntakirutimana
Judgement, 13 Dec 2004, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
On 19 February 2003, Trial Chamber I of the ICTR had convicted a senior Pastor of the Seventh Day Adventist Church in Mugonero, Elizaphan Ntakirutimana, and his son Dr. Gérard Ntakirutimana, a medical practitioner. On 13 December 2004, the Appeals Chamber confirmed the sentences of 10 years and 25 years in prison, respectively, imposed by the Trial Chamber.
Specifically, the Appeals Chamber affirmed the conviction of Elizaphan Ntakirutimana for aiding and abetting genocide and convicted him for aiding and abetting extermination as a crime against humanity after reversing his acquittal for the events which occurred in Bisesero. However, the Appeals Chamber quashed his conviction for aiding and abetting genocide for his participation in events which occurred at Mugonero.
Regarding Gérard Ntakirutimana, the Appeals Chamber affirmed his conviction for genocide and convicted him for murder as a crime against humanity in relation to the killing of Charles Ukobizaba. The Appeals Chamber also convicted him for aiding and abetting extermination as a crime against humanity for the procurement of police officers and ammunition for the attack on the Mugonero complex. In addition, the Appeals Chamber affirmed his conviction for genocide in relation to events which occurred at Bisesero, but found that his responsibility was that of an aider and abettor. However, the Chamber set aside his conviction for murder as a crime against humanity under the Bisesero indictment.
The Defence and Prosecution appeals were dismissed in all other respects.
Vračević: Prosecutor's Office of Bosnia and Herzegovina v. Mirko Vračević a/k/a Srbin
Indictment, 27 Dec 2006, State Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Mirko Vračević was born on 15 March 1945 in Donji Smrtići in Republika Srpska, Bosnia and Herzegovina. He was member of the Bijelo Polje Battalion of the Second Brigade of the Croatian Defence Council (HVO), and a guard in the Vojno prison facility which was set up by the HVO. In the period between July 1993 and March 1994, Vračević planned, instigated and perpetrated an attack conducted by the HVO against the Bosnian Muslims (Bosniak) residing in the municipality of Mostar. During that attack, 76 women, children and elderly were arrested and later kept in houses in Vojno village located in the Mostar municipality. Moreover, hundreds of men were kept in garages and cellars of houses where they were beaten and psychologically maltreated, and as a result, 16 of them died. During their detention, the Bosniak civilians did not have access to adequate food, clothing, drinking water or medical care.
Stankovic: Prosecutor’s Office of Bosnia and Herzegovina v. Radovan Stankovic
Appeal Verdict, 28 Mar 2007, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina
Radovan Stankovic, member of a Serb battalion during the war in Bosnia and Herzegovina (1992-1995), was initially indicted by the ICTY Prosecutor for his alleged involvement in crimes against humanity in 1996 and 1999. However, his case was ultimately referred to the Court in Bosnia and Herzegovina in 2005.
He was charged with crimes against humanity, as he was accused of having set up a detention centre for (often underaged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labour and sexual intercourse. The Court heavily relied on witness statements to determine that he was guilty of four of the six charges, stating that the statements were clear and consistent. Stankovic was sentenced to sixteen years' imprisonment on 14 November 2006.
The prosecution appealed against the sentence of 16 years' imprisonment and the acquittal of one of the charges. Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. The Appellate Panel of the left intact almost the entire verdict, though it did raise the sentence to 20 years imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. His five years on the run cost him an additional two years of imprisonment.
Ivanković: Prosecutor's Office of Bosnia and Herzegovina v. Damir Ivanković, a.k.a. "Dado"
Verdict, 2 Jul 2009, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Damir Ivanković was born on 26 June 1970 in Prijedor. In 1992, he was a member of the Prijedor police station and the police intervention platoon from Prijedor. He pleaded guilty of escorting a convoy consisting of at least 16 buses, tractor-trailers, trucks and truck-trailers carrying more than 1,200 predominantly Muslim and some Croat civilian, who were detained at the Bosnian Serb-run Trnopolje concentration camp. Ivanković further admitted that when the convoy reached Mount Vlašić, he and other members of the police intervention platoon and the Prijedor police separated more than 200 men. They subsequently boarded them on two buses and brought them to a location called Korićanske stijene on Mount Vlašić, an area where there is a sheer rock face on one side of the road and a steep cliff on the other. There, Ivanković and the others ordered the men of the first bus to kneel on the very edge of the road above the cliff and subsequently fired at them. Some of the men jumped into the abyss hoping that they would survive. The men from the second bus were executed in groups of three. Thereafter, the accused threw hand grenades from the top of the precipice, and opened fire at the dead bodies and at those who jumped. In total, more than 200 men were killed and only 12 survived.
Ivanković was sentenced to 14 years in prison.
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.
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