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The Hague, 17 September 2003
APPEALS CHAMBER JUDGEMENT IN THE CASE THE PROSECUTOR v. MILORAD KRNOJELAC
Today, Wednesday 17 September 2003, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, consisting of Judge Claude Jorda (Presiding), Judge Wolfgang Schomburg, Judge Mohamed Shahabuddeen, Judge Mehmet Güney and Judge Carmel Agius, rendered its Judgement in the case The Prosecutor v.Milorad Krnojelac.
This Judgement results from the appeals filed by both the Defence and the Prosecutor against Trial Chamber II’s Judgement of 15 March 2002 (see Press Release 663). The Trial Chamber convicted the accused on two counts of crimes against humanity (persecutions and inhumane acts) and on two counts of violations of the laws or customs of war (cruel treatment) and acquitted him on six other counts. Milorad Krnojelac was sentenced to seven and a half years’ imprisonment. Both Parties also appealed against this sentence.
Appeals against the Trial Chamber Judgement:
Dismissing the five grounds submitted by the Defence, and granting six of the seven grounds submitted by the Prosecution, the Appeals Chamber decided to:
- expand the criminal responsibility of the accused, whom it found guilty as a co-perpetrator, and no longer as only an accomplice, of persecutions (crimes against humanity for the imprisonment of non-Serb civilians at the KP Dom in Foca, and for the inhumane acts committed against them) and of cruel treatment (violations of the laws or customs of war for the detention conditions imposed on the non-Serb prisoners) ;
- expand the accused’s culpability, whom it found guilty as a co-perpetrator of crimes (forced labour, deportations and expulsions as crimes against humanity) for which he had been acquitted by the Trial Chamber ;
- quash the acquittal pronounced by the Trial Chamber on two counts of crimes against humanity (torture and murders) and on two counts of violations of the laws or customs of war (torture and murders), and declared the accused guilty of them.
Appeals against the sentence:
Considering the new convictions decided as described above, the Appeals Chamber revised the sentence and raised it to 15 years’ imprisonment.
The integral text of the summary read out in court by the Presiding Judge is available on the ICTY website. The Appeals Chamber's Judgement will be published on the ICTY website as soon as possible, or upon request from the Public Information Services.
International Criminal Tribunal for the former Yugoslavia
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