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Etchecolatz: The Prosecutor v. Miguel Osvaldo Etchecolatz
Sentencia (Judgment), 19 Sep 2006, Federal Criminal Tribunal No. 1 of La Plata, Argentina
Janković (Gojko): Prosecutor's Office of Bosnia and Herzegovina v. Gojko Janković
Verdict, 23 Oct 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
In the second instance verdict of the Gojko Janković case, the Appellate Panel upheld the defence appeal only in the part of the legal qualification of the acts constituting crimes against humanity. It refused all of the other points of appeal entered by the defence, including the modification of the long term imprisonment of 34 years.
The case of Gojko Janković was the second case referred by the ICTY to the Court of BiH for further processing.
Bjelić: Prosecutor's Office of Bosnia and Herzegovina v. Veiz Bjelić
Verdict, 28 Mar 2008, Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Veiz Bjelić was born on 12 September 1949 in Vlasenica. In the period from June 1992 to 26 January 1993, he was a prison guard in the “Štala” prison where Serb civilians and members of the armed forces who no longer participated in the fighting, were detained. During that time, Bjelić repeatedly raped one female person and threatened to kill her if she would tell it to someone. He also led soldiers of the Territorial Defence of the Republic of Bosnia and Herzegovina to enter the prison, where they subsequently abused Serb civilians both physically and mentally.
Bjelić was found guilty on 28 March 2003 and was sentenced to six years imprisonment.
Mungwarere : Sa Majesté la Reine v. Jacques Mungwarere
Inscription - requête pour casser l'acte d'accusation, 9 May 2011, Cour Supérieure de Justice de l'Ontario / Superior Court of Justice of Ontario, Canada
Tanasković: Prosecutor’s Office of Bosnia and Herzegovina v. Nenad Tanasković
Verdict, 26 Mar 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina
During the war in Bosnia and Herzegovina, Nenand Tanasković was a reserve police officer in Višegrad, where Serbs were conducting a widespread and systematic attack against the Muslim citizens of this municipality. The Trial Panel at the Court of Bosnia and Herzegovina sentenced him to twelve years of imprisonment for his role in this attack. Tanasković brought forward several grounds for appeal, for example stating that his sentence was solely based on testimonies of (unreliable) witnesses. Also, he argued that the Criminal Code of Bosnia and Herzegovina should not be applied to him, as this Code did not exist in 1992, when the attack took place. The Appellate Panel stated that the Trial Panel had been accurate in assessing the evidence and establishing the facts. Also, it stated that the Criminal Code could be applied, as international law, which was applicable in 1992, also prohibits crimes against humanity.
The Trial Panel had blamed Tanasković for not showing remorse during the trial. The Appellate Panel considered this to be unfair. Showing remorse could be seen as a plea of guilt, the Appellate Panel reasoned, and nobody is obliged to plead guilty. The sentence was modified to eight years of imprisonment.
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