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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.


Janković (Zoran): Prosecutor's Office of Bosnia and Herzegovina v. Zoran 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 in the Zoran Janković case, the Appellate Division found the appeal to be unfounded and upheld the first instance verdict, acquitting the accused of the charges entered against him. This decision was based on the lack of valid evidence that the accused participated in the incident or that he held any position which would have enabled him to issue orders with respect to the incident.


Jurišić: Office of the War Crimes Prosecutor v. Ilija Jurišić

Indictment, 9 Nov 2007, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Ilija Jurišić was a member of the Bosnia and Herzegovina police reserve forces as well as a high-ranking commander in the Tuzla-based State Security Operational Centre. Later, Jurišić exercised control over all armed troops deployed over the territory of Tuzla. In the latter function, Jurišić allegedly ordered his subordinates to attack a column of soldiers of the Yugoslav Peoples' Army (JNA) on 5 May 1992, while this convoy had just started to withdraw from Tuzla. As a result of this attack, at least 92 JNA soldiers were killed and more than 30 others were injured.


Seifert: Canada v. Michael Seifert

Decision – Finding of Facts , 13 Nov 2007, Federal Court, Canada

Between December 1944 and April 1945 Michael Seifert (also known as Misha), a Ukranian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. He moved to Canada in 1951, obtaining Canadian citizenship by claiming he was born in Estonia and withholding the fact that he had been a Nazi SS prison guard.

On 24 November 2000, the Italian military tribunal of Verona convicted Michael Seifert in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. The Italian government started a procedure to have him extradited to Italy and the Canadian authorities started a procedure to have him stripped of his Canadian Citizenship and extradite him. Seifert acknowledged that he was at the Bolzano camp, but denied being involved in atrocities. The Federal Court of Canada ruled that the government was within its rights to revoke Michael Seifert's citizenship as he had lied to obtain it. The Court held that Seifert obtained entry to Canada and Canadian Citizenship by misrepresentation of his activities in World War II and non-disclosure of material facts. During the 1950’s, Canada had an immigration policy that barred former members of the SS and related units such as the SD (the German intelligence agency to the SS) from gaining entry to Canada and obtaining citizenship. Therefore the Court ruled that had he told the truth, Seifert would not have been allowed into Canada.


Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović

Verdict, 19 Nov 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina

During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. In first-instance, the Court convicted them of war crimes against civilians but the brothers appealed against this verdict. The defence had branded several witness testimonies to be inconsistent and contradictory, but the Court’s Appeal Panel held in second instance that the testimonies were consistent on the most important aspects. Discrepancies were explainable, according to the Appeal Panel, and to this extend the appeal was rejected. However, Goran Damjanović had also been convicted for illegal manufacturing and trade of weapons or explosive substances, and the Appeal Panel considered it unproven that the weapons found in his family’s home belonged to him. To that extend, the verdict was revoked and a re-trial ordered.


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