16 results (ordered by relevance)
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Sikirica et al.: The Prosecutor v. Duško Sikirica, Damir Došen, and Dragan Kolundžija
Sentencing Judgement , 13 Nov 2001, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber, The Netherlands
The case against Duško Sikirica, Damir Došen and Dragan Kolundžija concerned the crimes committed against the Bosnian Muslim, Bosnian Croat and other non-Serb detainees of the Keraterm camp in the outskirts of the town of Prijedor (Bosnia and Herzegovina). The detainees were subjected to inhumane living conditions, beatings, and mistreatments. In the summer of 1992, Sikirica was the Commander of Security of the camp, Došen, and Kolundžija were both shift leaders. Sikirica, Došen and Kolundžija pleaded guilty to persecution as a crime against humanity, and the Trial Chamber found them guilty accordingly.
In order to determine the appropriate sentences, the Trial Chamber balanced several sentencing factors. The Trial Chamber considered that the positions of Sikirica, Došen and Kolundžija were of a limited authority and subsequently, it only attached a limited amount of aggravation to them. Sikirica’s failure of his duty to prevent outsiders from mistreating the detainees was considered a further aggravating factor.
Among the mitigating circumstances, the Trial Chamber took into consideration Sikirica, Došen and Kolundžija’s guilty pleas and expressions of remorse. Došen’s assistance to, and Kolundžija’s favourable treatment of some detainees were additional mitigating factors.
The Trial Chamber sentenced Sikirica to 15 years, Došen to 5 years, and Kolundžija to 3 years of imprisonment.
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.
Maktouf: Prosecutor's Office of Bosnia and Herzegovina v. Abduladhim Maktouf
Verdict, 4 Apr 2006, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Abduladhim Maktouf is a businessman with Iraqi-Bosnian roots. After investigations had started in 2004 with regard to economic crimes, the Bosnian prosecution discovered that he might have been involved in war crimes committed by the Al Mujahid armed group that formed part of the army of Bosnia and Herzegovina in the armed conflict against the Croatian Defence Council (HVO), the army of the Bosnian Croats, during the early nineties. In 2005, an indictment was issued, alleging that Maktouf had facilitated the Al Mujahid by transporting them, while they were about to take a number of civilians as hostages in order to exchange them with the HVO for earlier captured Al Mujahid fighters, in his van towards the crime scene as well as assisting them in the actual hostage-taking and the subsequent ritual beheading of one of the hostages.
The first instance panel of the Court found that he had been guilty as accessory to the hostage-taking and sentenced him to five years’ imprisonment; his involvement in the beheading was not established, though. Both defence and prosecution appealed. After a partial retrial was ordered because the evidence was wrongly assessed in first instance, the Appellate Panel ruled on 4 April 2006 in the same manner as the first instance panel had done: Maktouf was found guilty of a war crime against civilians, and he again received a five-year prison sentence.
Češić: The Prosecutor v. Ranko Češić
Sentencing Judgment, 11 Mar 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Ranko Češić was brought before the ICTY for his role in the commission of crimes in collection centers in the municipality of Brčko (Bosnia and Herzegovina) in May 1992. On 8 October 2003, Češić pleaded guilty to charges of war crimes and crimes against humanity, and subsequently, the Trial Chamber entered a finding of guilt.
In order to assess the appropriate sentence for Češić, Trial Chamber I balanced the gravity of the offences, the aggravating and mitigating circumstances.
With respect to the gravity of the crimes, Trial Chamber I considered that the high number of murders and the violation of the moral and physical integrity of the rape victims were factors that underlined the seriousness of the committed crimes.
Trial Chamber I also found that the vulnerability of the victims, the cruelty and depravity shown during the commission of the crimes and the exacerbated humiliation of the victims were all aggravating factors. Conversely, three mitigating circumstances were accorded relevance, namely, Češić's guilty plea, cooperation with the Prosecution, and his remorse.
Češić was sentenced to 18 years of imprisonment.
Pejić: Office of the War Crimes Prosecutor v. Milorad Pejić
Indictment, 8 Apr 2008, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Milorad Pejić was born on 4 April 1969 in the village of Vukovar located in eastern Croatia. Pejić, who lived in the United Kingdom since 1999, was arrested in March 2008 at the airport in Belgrade when he wanted to bring a visit to his mother. He was charged with being involved in a horrific massacre that took place in November 1991. At that time, ethnic Croat prisoners were taken from the Vukovar hospital and subsequently brought to a pig farm in Ovčara, outside Vukovar. The prisoners were beaten, tortured and subsequently killed. Their bodies were buried in mass graves.
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