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Kupreškić et al.: The Prosecutor v. Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Vladimir Šantić
Appeal Judgement, 23 Oct 2001, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, and Vladimir Šantić were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim population of the village of Ahmići in Bosnia and Herzegovina. In April 1993, the Bosnian Croat forces attacked the village, aiming to remove the Muslim inhabitants through the commission of crimes against them. The attack resulted in the deaths of over a hundred Muslim inhabitants, numerous others were wounded and Muslim houses and mosques were destroyed. Trial Chamber II convicted Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Vladimir Šantić of crimes against humanity.
The Appeals Chamber found errors in Trial Chamber II’s assessment of certain key evidence and concluded that the remaining evidence was insufficient to uphold the convictions of Zoran, Mirjan, and Vlatko Kupreškić. Accordingly, the Appeals Chamber acquitted them of all charges.
The Appeals Chamber also found factual errors in Trial Chamber II’s assessment of the role and participation of Drago Josipović and Vladimir Šantić in the attacks. The implication of these errors warranted a reduction of sentence, and therefore, the Appeals Chamber sentenced Josipović to 12, and Šantić to 18 years of imprisonment.
Kunarac et al.: The Prosecutor v. Dragoljub Kunarac, Radomir Kovač and Zoran Vuković
Judgement, 12 Jun 2002, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.
The Trial Chamber found that Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were guilty of crimes against humanity and violations of laws or customs of war, sentencing them to 28, 20, and 12 years of imprisonment, respectively.
The three Appellants raised several grounds of appeal, arguing that the Trial Chamber erred in several of its factual and legal findings. Among others, the Appellants argued that the Trial Chamber erroneously assessed the contextual elements of crimes against humanity and war crimes as well as the separate definitions of the charged offences of enslavement, rape, torture, and outrages upon personal dignity.
The Appeals Chamber rejected all grounds of appeal adduced by the Appellants. Subsequently, it affirmed the sentences imposed by the Trial Chamber.
Sarmento (Joao): The Prosecutor v. Joao Sarmento
Judgement, 12 Aug 2003, Special Panels for Serious Crimes (District Court of Dili), East Timor
During Indonesia’s illegal occupation of East Timor from 1975 until 2002, independence supporters were the object of attack by local militia groups who favoured Indonesian autonomy. The Accused, Joao Sarmento, was a member of one such militia group, the Tim Sasurat Ablai. During his involvement in the militia, he was involved in the murder of a number of independence supporters and the forcible transfer of approximately 15 000 villagers from East to West Timor. In particular, he pleaded guilty to two counts of murder; one involved the stabbing of a villager who refused to be deported, and another the murder of a boy as his mother attempted to shield him from the militia. He was sentenced to 8 years and 8 months’ imprisonment by the Special Panels.
Banović: The Prosecutor v. Predrag Banović
Sentencing Judgment, 28 Oct 2003, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber III, The Netherlands
In April 1992, the Serb forces gained control over the municipality of Prijedor in Bosnia and Herzegovina, capturing non-Serb men, women and children. The captured non-Serbs were taken to detention camps, such as the Keraterm factory outside the town of Prijedor (Bosnia and Herzegovina). The detainees were subjected to beatings, mistreatments and inhumane conditions. Between June and August 1992, Predrag Banović was a guard at the Keraterm camp. On 26 June 2003, Banović pleaded guilty to the crime against humanity of persecutions, and Trial Chamber III found him guilty accordingly.
In order to determine the appropriate sentence for Banović, the Trial Chamber balanced the gravity of the crime with the aggravating and mitigating circumstances. The Trial Chamber held that the crimes committed by Banović were of utmost gravity. Banović’s position of superiority over the detainees, the vulnerability of the victims, and the context in which the crimes were committed, were considered by the Trial Chamber as reflecting the gravity of the offence.
Furthermore, the Trial Chamber considered that Banović abused his authority over the detainees, which constituted an aggravating factor. Relevant mitigating factors were Banović’s guilty plea, his expression of remorse, and his personal circumstances.
The Trial Chamber sentenced Banović to 8 years of imprisonment.
De Carvalho: The Prosecutor v. Lino de Carvalho
Judgement, 18 Mar 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces and over 20 local militia groups operated perpetrated widespread and systematic attacks against the civilian population, particularly targeting those individuals who were known to be or suspected of being independence supporters.
Saka Loromonu was one such pro-autonomy militia group who, in September 1999, abducted a known independence supporter from the home in which he was staying with his relatives. He was taken to militia headquarters where he was severely beaten, including with a machete. On the orders of the Deputy Commander of the militia, the Accused, Lino de Carvalho, and other militia members took the victim to a beach where he was repeatedly stabbed. His head was decapitated and brought back to the Commander as evidence of the execution. His body was left by the side of the road to serve as a warning to support Indonesian autonomy.
The Special Panels convicted Carvalho of murder as a crime against humanity and sentenced him to 7 years’ imprisonment.
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