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Samardžić: The Prosecutor v. Neđo Samardžić
Verdict, 7 Apr 2006, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.
The Court dismissed Samardžić' complaints that he had had no opportunity to (sufficiently) cross-examine the witnesses, as it found that he had been sufficiently able to cross-examine the witnesses and test their reliability. On 7 April 2006 Samardžić was found guilty of crimes against humanity and was sentenced to thirteen years and four months imprisonment.
Lipietz et al.: Lipietz et al v. Prefect of Haute-Garonne and the Sociètè Nationale des Chemins de Fer Français
Judgment, 6 Jun 2006, Second Chamber, Administrative Tribunal for Toulouse, France
The decision is the first of its kind in France to hold accountable the French State and the national railway company, the SNCF, for complicity in the deportation of Jewish individuals during World War II. The case was brought by the Lipietz family who sought damages for the prejudice they suffered as a result of being deported from the city of Pau in southern France to the internment camp at Drancy, near Paris in 1944. They argued that the State and the SNCF were responsible because their deportation was conducted with the assistance of the SNCF and with the approval of the Home Secretary.
The Administrative Tribunal of Toulouse held that both the French state and the SNCF were complicit in the deportation of the claimants, having committed egregious errors and were accordingly fined a total of 62,000 Euros.
Samardžić : Neđo Samardžić v. The Prosecutor
Verdict, 13 Dec 2006, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.
The first instance Court sentenced Samardžić to imprisonment for a term of 13 years and 4 months. Where in first instance the accused was found guilty of 4 counts, on appeal the Appellate Panel established that the accused had committed the acts in counts 1 through 9. Furthermore the Court found that there were several aggravating circumstances, such as the fact that the accused repeated the acts, he expressed particular brutality, which caused severe physical and mental pain to the injured parties and the fact that at the time of the crimes some of the injured parties were still very young girls. Moreover the accused had a prior conviction for murder. Therefore on 13 December 2006, believing that it corresponded with the degree of his criminal responsibility, his motives and the intensity and degree of the protected value, theAppellate Panel found Samardžić guilty of Crimes against Humanity and sentenced him to an imprisonment of twenty-four years, more than ten years more than in first instance.
Hrkač: Prosecutor's Office of Bosnia and Herzegovina v. Ivan Hrkač a/k/a Čikota
Indictment, 27 Dec 2007, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
The accused Ivan Hrkač is suspected of committing war crimes against prisoners of war and war crimes against civilians during the armed conflict between the HVO and the Army of the Republic of Bosnia and Herzegovina in 1993.
At the present moment, Ivan Hrkač is beyond the reach of the judicial authorities.
Lelek: Prosecutor's Office of Bosnia and Herzegovina v. Željko Lelek
Judgement, 12 Jan 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
On 19 February 2009, the Court of Bosnia and Herzegovina (BiH)’s Appellate Panel issued a second instance verdict in the case against Željko Lelek. In first instance, he was found guilty of crimes against humanity because, while performing the duties of a police officer in Višegrad, he committed unlawful imprisonment, torture and rapes, and participated in the forcible transfer of the population during a widespread and systematic attack directed by the Serb army, police and paramilitary forces against the Bosniak civilian population in the area of the Višegrad municipality in April-June 1992. The verdict was in large part upheld; the sentence, however, was increased in second instance from 13 to 16 years’ imprisonment, as the Appellate Panel attached greater weight to the aggravating circumstance of Lelek’s ruthlessness and insensitivity towards the victims.
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