1 - Blagojevic Trial, Trial Proceedings, 1 October 2003, BT. 2417.
2 - Blagojevic Trial, Trial Proceedings, 1 October 2003, BT. 2418-2420.
3 - Blagojevic Trial, Trial Proceedings, 1 October 2003, BT. 2420-2421.
4 - Blagojevic Trial, Trial Proceedings, 1 October 2003, BT. 2421.
5 - Blagojevic Trial, Trial Proceedings, 1 October 2003, BT. 2421.
6 - Blagojevic Trial, Trial Proceedings, 1 October 2003, BT. 2421.
7 - Defence Ex. DS10-a, Sentencing Statement of Dragan Obrenovic, 30 July 2003, page 3.
8 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-I, Order on Review of Indictment Pursuant to Article 19 of the Statute and Order for Non-Disclosure, 9 April 2001; Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-I, Warrant of Arrest Order for Surrender, 9 April 2001.
9 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-I, Order of the President Assigning a Case to a Trial Chamber, 18 April 2001.
10 - Prosecutor v. Dragan Obrenovic¸Case No. IT-01-43-I, Initial Appearance, 18 April 2001, T. 2-3.
11 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-I, Orders for Detention on Remand, 18 April 2001. Dragan Obrenovic’s motion for provisional release was denied by Trial Chamber II, as was his subsequent appeal. Accordingly, he has remained in detention at the UNDU since his transfer to the Tribunal. See, Prosecutor v. Blagojevic et. al., Decision on Dragan Obrenovic’s Application for Provisional Release, 23 July 2002; Prosecutor v. Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic & Momir Nikolic, Case No.IT-02-60-AR65.2, Decision on Provisional Release of Blagojevic and Obrenovic, 03 October 2002; Prosecutor v. Blagojevic et. al., Decision on Dragan Obrenovic’s Application for Proisional Release, 19 November 2002; Prosecutor v. Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic & Momir Nikolic, Case No.IT-02-60-AR65.3& ITT-02-60-AR65.4, Decision on Applications by Blagojevic and Obrenovic for Leave to Appeal, 16 January 2003.
12 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-PT, Decision by the Registrar, 8 June 2001.
13 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-PT, Decision by the Registrar, 17 July 2001.
14 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-PT, Decision by the Registrar, 11 October 2001.
15 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-PT, Prosecutor v. Vidoje Blagojevic, Case No. IT-98-33/1-PT, and Prosecutor v. Dragan Jokic, Case No. IT-01-44-PT, Prosecution’s Motion for Joinder, 11 September 2001.
16 - Prosecutor v. Dragan Obrenovic, Case No. IT-01-43-PT, Prosecutor v. Vidoje Blagojevic, Case No. IT-98-33/1-PT, and Prosecutor v. Dragan Jokic, Case No. IT-01-44-PT, Status Conference, 15 January 2002, T. 59.
17 - Prosecutor v. Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic, Case No. IT-02-53-I, Joinder Indictment, 22 January 2002.
18 - Prosecutor v. Momir Nikolic, Case No. IT-02-56-I, Decision on Prosecution’s Motion for Joinder, 17 May 2002.
19 - Prosecutor v. Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic and Momir Nikolic, Case No. IT-02-60-PT, (“Prosecutor v. Blagojevic et al.”), Amended Joinder Indictment, 27 May 2002.
20 - Prosecutor v. Blagojevic, et. al., Case No. IT-02-60-PT, Order Assigning Judges to a Case before a Trial Chamber, 1 April 2003. The two ad litem judges, Judge Volodymyr Vassylenko and Judge Carmen Maria Argibay, were appointed to this case by letter from the Secretary-General of the United Nations dated 21 January 2003, in accordance with Article 13 ter of the Statute.
21 - Prosecutor v. Blagojevic, et. al., Case No. IT-02-60-PT, Scheduling Order, 6 December 2002.
22 - Prosecutor v. Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic, Case No. IT-02-60-T, 21 May 2003, Plea Hearing, T. 560.
23 - Plea Hearing, T. 552.
24 - Prosecutor v. Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic, Case No. IT-02-60-T, Separation of Proceedings and Scheduling Order.
25 - Prosecutor v. Dragan Obrenovic, Case No. IT-02-60/2, Decision, 23 May 2003.
26 - Plea Agreement, paras 2-3.
27 - Plea Agreement, para. 6(a). Dragan Obrenovic understood and agreed that the armed conflict alleged in paragraph 15 of the Indictment is the armed conflict that began on 6 April 1992 and ended with the Dayton Peace Agreement, signed on 14 December 1995.
28 - Plea Agreement, para. 6(b). Dragan Obrenovic understood and agreed that the widespread or systematic attack directed against the civilian population of Srebrenica as alleged in paragraph 17 of the Indictment and described in paragraphs 18 through 26 of the Indictment, includes the means listed in paragraph 59 of the Indictment under a) – d) as Dragan Obrenovic was not charged with forcible transfer.
29 - Plea Agreement, para. 6(c). Dragan Obrenovic understood and agreed that one of the reasons he committed the conduct described in the Indictment and the Plea Agreement was because the victims were Bosnian Muslims.
30 - Plea Agreement, para. 6(d). Dragan Obrenovic understood and agreed that he was aware of the widespread or systematic abuses described in the Indictment and in the Plea Agreement and of their effect on the entire population of Bosnian Muslims from the Srebrenica enclave.
31 - Plea Agreement, para. 9.
32 - Plea Agreement, para. 14.
33 - Plea Agreement, para. 17.
34 - Plea Agreement, para. 4.
35 - Plea Agreement, paras 19-21; Plea Hearing, T. 558-59.
36 - Plea Agreement, para. 13; Plea Hearing, T. 558.
37 - Plea Hearing, T. 558-559. The Trial Chamber inquired specifically whether Dragan Obrenovic understood the consequences of pleading guilty to persecutions as part of ensuring that the guilty plea was informed. Additionally, the Trial Chamber further questioned whether Mr. Obrenovic understood that the Trial Chamber was not bound by the sentence recommended by the Prosecution, pursuant to Article 62 ter(B), to which he responded that he was quite clear about this.
38 - Plea Hearing, T. 560.
39 - Rule 62 bis (“Guilty Pleas”) provides: If an accused pleads guilty in accordance with Rule 62 (vi), or requests to change his or her plea to guilty and the Trial Chamber is satisfied that: (i) the guilty plea has been made voluntarily; (ii) the guilty plea is informed; (iii) the guilty plea is not equivocal; and (iv) there is a sufficient factual basis for the crime and the accused’s participation in it, either on the basis of independent indicia or on lack of any material disagreement between the parties about the facts of the case, the Trial Chamber may enter a finding of guilt and instruct the Registrar to set a date for the sentencing hearing.
40 - Plea Hearing, T. 560.
41 - Nikolic Sentencing Judgement, paras 52, 65-66.
42 - The Defence filed its sentencing brief on a confidential basis. During a Status Conference on 10 September 2003, the Defence explained to the Trial Chamber that this was mainly to protect the witnesses who would appear for the sentencing hearing and whose statements were attached to the sentencing brief. The Defence requested the confidentiality not be lifted until shortly before the Sentencing Hearing to guarantee that the witnesses would not be subject to any problems before their testimony. T. 1463-65. The Trial Chamber, in its Scheduling Order for the Sentencing Hearing, issued on 10 October 2003, ordered the confidentiality of the Defence sentencing brief to be lifted on 23 October 2003.
43 - Dragan Obrenovic testified in the Blagojevic Trial, as a Prosecution witness from 1 October to 10 October 2003. The Trial Chamber notes for the record that the judges assigned to this case are the same judges assigned to the Blagojevic Trial.
44 - The Defence filed its additional submissions on a confidential basis.
45 - Status Conference, T. 1470. Of these five witnesses, three are survivors of mass executions; one witness provided a record on the impact of the crimes committed following the fall of Srebrenica on the victims; and one witness testified about her life after being separated from her husband and two sons. The witnesses are witness L, witness O, witness I, witness DD and Teufika Ibrahimefendic.
46 - Sentencing Hearing, T. 1488.
47 - The witness statements DS1-DS8 were attached to the sentencing brief. DS9 was attached to Dragan Obrenovic’s Exhibit List for the Sentencing Hearing, filed on 28 October 2003 (“Exhibit List”).
48 - Sentencing Hearing, T. 1488. In addition, all further documents listed in the Exhibit List were admitted into evidence during the Sentencing Hearing, T. 1489.
49 - Sentencing Hearing, T. 1487.
50 - Resolution 819 (1993) adopted by the Security Council at its 3199th meeting, on 16 April 1993, S/RES/819 (1993) (“Security Council Resolution 819 (1993)”).
51 - Finally, the Security Council demanded the “unimpeded delivery of humanitarian assistance to all parts of the Republic of Bosnia and Herzegovina, in particular to the civilian population of Srebrenica and its surrounding areas,” recalling that any impediment to the delivery of humanitarian assistance “constitute a serious violation of international humanitarian law.” Security Council Resolution 819 (1993).
52 - Indictment, para. 22.
53 - Indictment, para. 23, citing Radovan Karad‘ic’s instructions in “Operation Directive 07” issued by the Supreme Command of the Armed Forces of the Republika Srpska, on 8 March 1995.
54 - Indictment, para. 25.
55 - Indictment, para. 26.
56 - The acts specified here are taken from the Plea Agreement, para. 6(b)(2). This language varies slightly from that contained in paragraph 59 of the Indictment; the Trial Chamber finds the acts agreed to by the Parties as a more accurate reflection of the acts upon which the criminal liability of Dragan Obrenovic is based and to be the criminal conduct upon which Dragan Obrenovic pled guilty. Accordingly, the Trial Chamber considers that paragraph 59(b) of the Indictment is amended so as to read: “the cruel and inhuman treatment of Bosnian Muslim civilians, including beatings of civilians in schools and other detention centres in the Zvornik area on 13 through to 16 July 1995.”
57 - The acts specified here are taken from the Plea Agreement, para. 6(b)(3). This language varies slightly from that contained in paragraph 59 of the Indictment; the Trial Chamber finds the acts agreed to by the Parties as a more accurate reflection of the acts upon which the criminal liability of Dragan Obrenovic is based and to be the criminal conduct upon which Dragan Obrenovic pled guilty. Accordingly, the Trial Chamber considers that paragraph 59(c) of the Indictment is amended so as to include read: “the terrorisation of Bosnian Muslim civilians from Srebrenica and Potocari from 13 to 16 July 1995.”
58 - The acts specified here are taken from the Plea Agreement, para. 6(b)(4). This language varies slightly from that contained in paragraph 59 of the Indictment; the Trial Chamber finds the acts agreed to by the Parties as a more accurate reflection of the acts upon which the criminal liability of Dragan Obrenovic is based and to be the criminal conduct upon which Dragan Obrenovic pled guilty. Accordingly, the Trial Chamber considers that paragraph 59(d) of the Indictment is amended so as to include read: “the destruction of personal property and effects of Bosnian Muslim civilians from Srebrenica who were detained and murdered in the Zvornik area.”
59 - See, Indictment, para. 46.
60 - Indictment, para. 46.10.
61 - Indictment, para. 46.4.
62 - Statement of Facts, page 4.
63 - Specifically, Dragan Obrenovic heard that Drago Nikolic, the Chief of Security of the Zvornik Brigade, participated in the execution at a school in Orahovac. See, Statement of Facts, page 6.
64 - See, Statement of Facts, page 5.
65 - Statement of Facts, pages 2 and 6; Indictment, paras 46.9 and 46.10.
66 - Statement of Facts, page 1.
67 - Statement of Facts, page 1.
68 - Statement of Facts, page 3.
69 - Indictment, para. 46.8; Statement of Facts, page 6.
70 - Indictment, para. 46.5.
71 - Indictment, para. 42.
72 - Indictment, para. 27.
73 - Indictment, paras 30-32.
74 - Indictment, para. 29.
75 - Rules 105 and 106 are the implementing provisions for Article 24(3) of the Statute.
76 - Article 28 (“Pardon or commutation of sentences”) provides, “If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the International Tribunal accordingly. The President of the International Tribunal, in consultation with the judges, shall decide the matter on the basis of the interests of justice and the general principles of law.”
77 - SRFY Criminal Code (1976), Article 33. See also, the Criminal Code of the Federation of Bosnia and Herzegovina, published by “Official Gazette of Federation of Bosnia and Herzegovina”, No. 43-98 (1998), Article 38, which lists two purposes of punishment: “(1) prevention of perpetrator committing criminal offenses and his/her rehabilitation; (2) preventive influence on others not to commit criminal offenses.”
78 - See, e.g., Celebici Appeal Judgement, para. 806, Aleksovski Appeal Judgement, para. 185.
79 - See, Aleksovski Appeal Judgement, para. 185, Kupreskic Trial Judgement, para. 848.
80 - Tadic Sentencing Appeal Judgement, para. 48, endorsed by the Aleksovski Appeal Judgement, para. 185.
81 - See, Article 21(1) of the Statute.
82 - Tadic Sentencing Appeal Judgement, para. 20, Kupreskic Appeal Judgement, para. 418, Jelisic Appeal Judgement, para. 117 and Celebici Appeal Judgement, para. 813. The Prosecution submits that such sentencing practice is to be used as a tool to guide, but not delimit, the determination of an appropriate sentence. Prosecution Sentencing Brief, para. 31.
83 - Tadic Sentencing Appeal Judgement, para. 21.
84 - Article 38 of the SFRY Criminal Code states, “Imprisonment: (1) The punishment of imprisonment may not be shorter than 15 days nor longer than 15 years. (2) The court may impose a punishment of imprisonment for a term of 20 years for criminal acts eligible for the death penalty. (3) For criminal acts committed with intent for which the punishment of fifteen years imprisonment may be imposed under statute, and which were perpetrated under particularly aggravating circumstances or caused especially grave consequences, a punishment of imprisonment for a term of 20 years may be imposed when so provided by statute.”
85 - In light of the Statute of the Tribunal, the Prosecution submits that life imprisonment has been interpreted by the Tribunal as commensurate to the highest penalty that could be imposed in the former Yugoslavia. The Prosecution submits that when Bosnia and Herzegovina abolished the death penalty in 1998, this sentence was replaced by imprisonment of 20-40 years for gravest criminal offence. Prosecution Sentencing Brief, paras 35-36. The Defence submits that the maximum penalty for the most serious offences is 20 years imprisonment, recalling that when capital punishment was abolished in some republics of the SFRY, other than Bosnia and Herzegovina, a 20-year sentence was provided. Therefore, the Obrenovic Defence submits that the punishment applicable to Dragan Obrenovic is a maximum of 20 years imprisonment. Obrenovic Sentencing Brief, para. 26.
86 - Article 38 of the Criminal Code of the Federation of Bosnia and Herzegovina provides for long term imprisonment ranging from 20 to 40 years for “the gravest forms of criminal offences (…( committed with intention.” Article 32 of the Criminal Code of the Republika Srpska, which entered into force on 1 October 2000, provides for life imprisonment as a method of punishment. Further, Article 451 provides that “The final and binding death punishment pronounced before the entry into force of this Code is turned into the sentence of life imprisonment.”
87 - Prosecution Sentencing Brief, para. 34. The Obrenovic Defence submits that Article 142(1) of the SFRY Criminal Code gives effect to Geneva Convention IV and Additional Protocol I and II, which are under the jurisdiction of the Tribunal by incorporation into Article 2 of the Statute. However, the SFRY Criminal Code does not give effect to crimes against humanity, which are incorporated in Article 5 of the Statute, Obrenovic Sentencing Brief, paras 25-26.
88 - Article 142 of the SFRY Criminal Code (“War crime against the civilian population”) states, in part, “Whoever in violation of rules of international law effective at the time of war, armed conflict or occupation, order that civilian population be subject to killings, torture, inhuman treatment, biological experiments, immense suffering of violation of bodily integrity or health; dislocation or displacement of forcible conversion to another nationality or religion; forcible prostitution or rape; application of measures of intimidation and terror, taking hostages, imposing collective punishment, unlawful bringing in concentration camps and other illegal arrests and detention, deprivation of rights to fair and impartial trial; forcible service in the armed forces of enemy’s army or in its intelligence service or administration; forcible labour, starvation of the population, property confiscation, pillaging, (…( who commits one of the foregoing acts, shall be punished by imprisonment for not less than five years or by the death penalty.”
89 - See, e.g. Articles 154 (“Racial and other discrimination”); 145 (“Organizing a group and instigating the commission of genocide and war crimes”); 141 (“genocide”); 143 (“war crime against the wounded and sick”); and 144 (“war crime against prisoners of war”) of the SFRY Criminal Code.
90 - Kupreskic Trial Judgement, para. 852. The Parties agree that the gravity of the criminal conduct is considered the most important factor in the sentencing process and submit that such a determination includes not only the nature of the crime but also the circumstances in the particular case, which encompass the extent and nature of involvement of the accused. Prosecution Sentencing Brief, paras 8-9; Obrenovic Sentencing Brief, para. 29.
91 - Aleksovski Appeal Judgement, para. 182 and Celebici Appeal Judgement, para. 731 cite the Celebici Trial Judgement, para. 1225 with approval.
92 - Jelisic Appeal Judgement, para. 101, quoting with approval Kupreskic Trial Judgement, para. 852.
93 - See, e.g., Krnojelac Appeal Judgement, para. 185.
94 - These requirements are: there must be an attack; the acts of the accused form part of this attack; the attack must be directed against any civilian population; the attack should be widespread or systematic; the perpetrator should know that his acts form part of a pattern of widespread or systematic crimes committed against a civilian population, and know that his acts fit such a pattern, Kunarac Appeal Judgement, para. 85.
95 - Acts found to constitute persecution include, inter alia, murder, imprisonment, unlawful detention of civilians, deportation or forcible transfer, comprehensive destruction of homes and property, destruction of towns, villages and other public or private property and the plunder of property, trench-digging and the use of hostages and human shields, destruction and damage of religious or educational institutions, Kvocka Trial Judgement, para. 186 (references omitted).
96 - The Trial Chamber considers, with approval, the Prosecution’s submissions in the Prosecution Sentencing Brief, paras 10-11.
97 - Erdemovic Appeal Judgement, Joint Separate Opinion of Judge McDonald and Judge Vohrah, para. 21.
98 - Prosecution Sentencing Brief, para. 12.
99 - Prosecution Sentencing Brief, para. 14.
100 - Prosecution Sentencing Brief, para. 15.
101 - Obrenovic Sentencing Brief, para. 30.
102 - Obrenovic Sentencing Brief, para. 30 citing the Krstic Trial Judgement, para. 84 in relation to the number of persons killed.
103 - See, supra. footnote 45.
104 - Prosecution Ex. PS-2, Witness I, KT. 2365-66.
105 - Prosecution Ex. PS-2, Witness I, KT. 2371.
106 - Prosecution Ex. PS-2, Witness I, KT. 2382-86.
107 - Prosecution Ex. PS-2, Witness I, KT. 2391-92.
108 - Prosecution Ex. PS-2, Witness I, KT. 2393.
109 - Prosecution Ex. PS-5, Witness L, KT. 2690.
110 - Prosecution Ex. PS-5, Witness L, KT. 2690.
111 - Prosecution Ex. PS-5, Witness L, KT. 2691.
112 - Prosecution Ex. PS-6, Witness O, KT. 2863.
113 - Prosecution Ex. PS-6, Witness O, KT. 2865.
114 - Prosecution Ex. PS-6, Witness O, KT. 2874-77.
115 - Prosecution Ex. PS-6, Witness O, KT. 2879.
116 - Prosecution Ex. PS-6, Witness O, KT. 2881.
117 - Prosecution Ex. PS-6, Witness O, KT. 2884-85.
118 - Prosecution Ex. PS-6, Witness O, KT. 2890.
119 - Prosecution Ex. PS-6, Witness O, KT. 2902-03.
120 - Prosecution Ex. PS-6, Witness O, KT. 2902.
121 - Prosecution Ex. PS-6, Witness O, KT. 2903.
122 - Prosecution Ex. PS-6, Witness O, KT. 2904, 2906, 2909-10.
123 - Prosecution Ex. PS-6, Witness O, KT. 2912.
124 - Prosecution Ex. PS-6, Witness O, KT. 2912.
125 - Prosecution Ex. PS-6, Witness O, KT. 2914-16.
126 - Prosecution Ex. PS-6, Witness O, KT. 2922-26.
127 - Prosecution Ex. PS-6, Witness O, KT. 2927.
128 - Prosecution Ex. PS-4, Witness DD, KT. 5760.
129 - Prosecution Ex. PS-4, Witness DD, KT. 5760-61.
130 - Prosecution Ex. PS-4, Witness DD, KT. 5761.
131 - Prosecution Ex. PS-4, Witness DD, KT. 5746-47.
132 - Prosecution Ex. PS-3, Witness Ibrahimefendic, KT. 5817-18. Teufika Ibrahimefendic is a psychologist who specialises in war trauma.
133 - Prosecution Ex. PS-3, Witness Ibrahimefendic, KT. 5817: “A woman I worked with, 56 male members of her immediate and broader family went missing in a single day.”
134 - Prosecution Ex. PS-3, Witness Ibrahimefendic, KT. 5817-18. “The fact that they do not know the truth – even the worst truth, would be better for them than this uncertainty, this constant, perpetual uncertainty as to what happened to their loved ones, because they keep waiting, they’re waiting for something. They cannot begin life, they cannot face up with the reality of the death of a missing person. They only remember the moment they bade farewell, the moment when they had agreed to meet in a spot that would be safe. And this is still something that guides them in their thoughts. This is exhausting, discouraging. They think that life has no value.” Id., T. 5818.
135 - Prosecution Ex. PS-3, Witness Ibrahimefendic, KT. 5818-24.
136 - See, Article 7 of the Statute.
137 - Prosecution Sentencing Brief, para. 17.
138 - Vinko Pandurevic, the commander of the Zvornik Brigade, was in the field at that time and did not return before midday of 15 July; Statement of Facts, page 1. See also, Indictment, para. 7.
139 - Statement of Facts, page 1.
140 - Statement of Facts, page 1.
141 - Statement of Facts, page 2.
142 - Statement of Facts, page 2.
143 - Statement of Facts, page 6.
144 - Statement of Facts, page 6.
145 - Statement of Facts, page 1.
146 - Statement of Facts, page 2.
147 - Statement of Facts, page 2.
148 - Statement of Facts, pages 2-3.
149 - Statement of Facts, page 3.
150 - Statement of Facts, page 3.
151 - Statement of Facts, page 4.
152 - Statement of Facts, page 4.
153 - Statement of Facts, page 4.
154 - Statement of Facts, page 5.
155 - Statement of Facts, page 5.
156 - Statement of Facts, pages 5-6.
157 - Statement of Facts, page 6.
158 - Statement of Facts, page 6. See also, Indictment, para. 46.8.
159 - See Indictment, paras 46.9, 46.10, 46.11.
160 - See Indictment, para. 46.12. See also Plea Agreement, para. 5.
161 - Statement of Facts, page 7.
162 - See Indictment, paras 47.7, 47.8. See also Plea Agreement, para. 5 g) and i).
163 - Statement of Facts, pages 8-9.
164 - See, Krnojelac Appeal Judgement, para. 29.
165 - See, supra, para. 82 (d), (k), (l), (m), (n) and (q).
166 - Statement of Facts, pages 3, 4 and 7.
167 - The Trial Chamber recalls the finding of the Appeals Chamber in the Jelisic Appeal Judgement, para. 96: “The Appeals Chamber agrees that a sentence should not be capricious or excessive, and that, in principle, it may be thought to be capricious or excessive if it is out of reasonable proportion with a line of sentences passed in similar circumstances for the same offences.” The Trial Chamber has selected the following examples because of the similarity of offence or gravity. See e.g., Milomir Stakic was sentenced to life imprisonment for crimes including persecutions; Radislav Krstic was sentenced to 46 years imprisonment, for crimes including that of persecutions (the conviction also included the charge of genocide although the underlying factual basis is similar to that of this case); Tihomir Blaskic was sentenced to 45 years imprisonment, for crimes including that of persecutions; Goran Jelisic was sentenced to 40 years (though the convictions were for offences other than persecutions); Dragoljub Kunarac was sentenced to 28 years (though the convictions were for offences other than persecutions); Dario Kordic was sentenced to 25 years for crimes including persecutions; Zoran Zigic was sentenced to 25 years for crimes including persecutions; Mladjo Radic was sentenced to 20 years for crimes including persecutions; Mitar Vasiljevic was sentenced to 20 years imprisonment, for crimes including that of persecution; and Vladimir Šantic was sentenced to 18 years for crimes including persecutions. The Trial Chamber recognises that many of these persons were convicted for crimes in addition to persecutions as a crime against humanity.
168 - Celebici Appeal Judgement, para. 780.
169 - Celebici Appeal Judgement, para. 777.
170 - Celebici Appeal Judgement, para. 763, Kunarac Trial Judgement, para. 847 and Sikirica Sentencing Judgement, para. 110.
171 - Kunarac Trial Judgement, para. 847, Sikirica Sentencing Judgement, para. 110 and Simic Sentencing Judgement, para. 40.
172 - Obrenovic Sentencing Brief, para.31 citing Celebici Appeal Judgement, para.763.
173 - Prosecution Sentencing Brief, para. 19.
174 - Prosecution Sentencing Brief, para. 20.
175 - Obrenovic Sentencing Brief, para. 35.
176 - Obrenovic Sentencing Brief, paras 36-37.
177 - Obrenovic Sentencing Brief, paras 37-38.
178 - Obrenovic Sentencing Brief, para. 37.
179 - Prosecution Sentencing Brief, paras. 22-23 referring to the Celebici Trial Judgement, paras 1262, 1264 and 1268 and Aleksovski Trial Judgement, para. 227.
180 - Prosecution Sentencing Brief, paras. 22-23.
181 - Obrenovic Sentencing Brief, paras. 33-34 citing Plavsic Sentencing Judgement, para.58.
182 - Obrenovic Sentencing Brief, para. 34.
183 - Prosecutor v. Mladen Naletilic et al., Case No. IT-98-34-T, 31 March 2003, para.751; Kordic Trial Judgement, para.853.
184 - Kordic Trial Judgement, para.855.
185 - See, Prosecutor v. Hadzihasanovic et. al., Case No. IT-01-47-PT, Decision on Joint Challenge to Jurisdiction, para. 66.
186 - Prosecution Sentencing Brief, para. 25 referring to the Kambanda Sentencing Judgement, para.56.
187 - Prosecution Sentencing Brief, para. 25.
188 - Obrenovic Sentencing Brief, para. 44.
189 - Obrenovic Sentencing Brief, para. 42 referring to Plavsic Sentencing Judgement, para. 65 and Krstic Trial Judgement, para. 713. Further, drawing upon the practice of the Former Yugoslavia, Article 42(2) of the SFRY Criminal Code states that the judge may consider mitigating factors which indicate that the objective of the sentence may be achieved by imposing a lesser sentence, Obrenovic Sentencing Brief, para.43.
190 - Prosecution Sentencing Brief, para. 26; Obrenovic Sentencing Brief, para. 48.
191 - Prosecution Sentencing Brief, para. 26. See, Obrenovic Sentencing Brief, paras 46(d)-(e).
192 - Prosecution Sentencing Brief, para. 27; Obrenovic Sentencing Brief, para. 46 (a)-(e).
193 - Prosecution Sentencing Brief, para. 28; Prosecution Closing Statement, Sentencing Hearing, T. 1531-1532, T. 1535.
194 - Prosecution Closing Statement, Sentencing Hearing, T. 1534.
195 - Obrenovic Sentencing Brief, para. 46 referring to Erdemovic Second Sentencing Judgement, para. 16, Jelisic Trial Judgement, para. 127, Simic Sentencing Judgement, para. 84, Todorovic Sentencing Judgement, para. 80 and Sikirica Sentencing Judgement, paras. 151, 193, 228.
196 - Obrenovic Sentencing Brief, para. 47.
197 - Obrenovic Sentencing Brief, para. 47.
198 - Obrenovic Sentencing Brief, para. 49.
199 - Defence Closing Statement, Sentencing Hearing, T. 1540.
200 - Obrenovic Sentencing Brief, para. 53. Defence Ex. DS-12a, an article by Emir Suljagic, a survivor of Srebrenica, explaining the significance of the guilty pleas of Momir Nikolic and Dragan Obrenovic.
201 - Obrenovic Sentencing Brief, para. 53.
202 - Obrenovic Sentencing Brief, para. 54.
203 - See, Plavsic Sentencing Judgement, paras 75-77 on the testimony of Dr. Alex Boraine, an expert on reconciliation and accountability issues and the former Deputy Chairperson on the Truth and Reconciliation Commission in South Africa, on the importance of the acknowledgement and acceptance of responsibility for grave crimes on the process of reconciliation.
204 - “Truth at The Hague”, Emir Suljagic, New York Times, 1 June 2003, Defence Ex. DS-12.
205 - Article 21 of the Statute.
206 - See, Rule 87 of the Rules. While a Trial Chamber may view a plea of guilty as a mitigating factor, the Trial Chamber considers it important to recall that no accused shall be penalised for exercising his or her right to go to trial and have the Prosecution prove its case.
207 - Defence Closing Statement, Sentencing Hearing, T. 1538.
208 - Defence Closing Statement, Sentencing Hearing, T. 1540.
209 - Prosecution Sentencing Brief, para. 26; Obrenovic Sentencing Brief, para. 46(d)
210 - See, Nikolic Sentencing Judgement, para 67.
211 - Prosecution Sentencing Brief, para. 29; Obrenovic Sentencing Brief, para. 51.
212 - Defence Closing Statement, Sentencing Hearing, T. 1548-1549.
213 - Statement by Dragan Obrenovic, Sentencing Hearing, T.1556-1558.
214 - Sentencing Hearing, T. 1556.
215 - Prosecution’s Supplemental Submissions, para. 3.
216 - Prosecution’s Supplemental Submissions, para. 5.
217 - Prosecution’s Supplemental Submissions, para. 7.
218 - Prosecution’s Supplemental Submissions, para. 8. The Prosecution asserts that his military insight and the original materials that he provided have proved to be of “tremendous value.” Prosecution’s Closing Statement, Sentencing Hearing, T, 1535.
219 - “Confidential Addendum to Prosecution’s Supplemental Submission Regarding the Sentencing of Dragan Obrenovic”, filed under seal on 23 October 2003 and “Prosecution’s Second Supplemental Submission Regarding the Sentencing of Dragan Obrenovic”, filed confidentially on 26 November 2003.
220 - Prosecution’s Supplemental Submissions, para. 6.
221 - Obrenovic Supplemental Submissions, para. 3, citing Erdomovic Second Sentencing Judgement, para. 21.
222 - Obrenovic Supplemental Submissions, para. 3.
223 - Obrenovic Supplemental Submissions, para. 6.
224 - Obrenovic Supplemental Submissions, para. 7.
225 - Obrenovic Supplemental Submissions, para. 15.
226 - Obrenovic Supplemental Submissions, para. 5 and Defence Ex. DS-13a.
227 - Obrenovic Supplemental Submissions, para. 8.
228 - Obrenovic Supplemental Submissions, para. 8.
229 - Obrenovic Supplemental Submissions, para. 10.
230 - Obrenovic Supplemental Submissions, para. 16.
231 - See, Prosecution’s Supplemental Submissions, para. 7.
232 - Prosecution Sentencing Brief, para. 30.
233 - Obrenovic Sentencing Brief, para. 52.
234 - Obrenovic Defence Closing Statement, Sentencing Hearing, T. 1542-43.
235 - Obrenovic Defence Closing Statement, Sentencing Hearing, T. 1544.
236 - Zorica Rikic, Sentencing Hearing, T. 1498 (private session) and Dusanka Boskovic, Sentencing Hearing, T. 1516.
237 - Zorica Rikic, Sentencing Hearing, T. 1498-1499 (private session).
238 - This witness testified in closed session. Witness DA, Sentencing Hearing, T. 1504-1505
239 - Zorica Rikic, Sentencing Hearing, T. 1499; Witness DA, Sentencing Hearing, T. 1506 (closed session).
240 - Dusanka Boskovic, Sentencing Hearing, T. 1513-1514.
241 - This witness testified in closed session. Witness DB, Sentencing Hearing, T. 1524-1525.
242 - Witness DB, Sentencing Hearing, T. 1528-29 (closed session).
243 - Witness DB, Sentencing Hearing, T. 1529-30 (closed session).
244 - Obrenovic Sentencing Brief, para. 55 referring to an interview of 19 October 2000, page 44.
245 - Obrenovic Sentencing Brief, para. 56.
246 - See, Plavsic Sentencing Judgement, para. 84.
247 - Obrenovic Supplemental Submissions, para. 9 and Defence Ex DS-15a (Internal Memorandum from the Commanding Officer, UNDU to the Registrar, 1 October 2003).
248 - Obrenovic Sentencing Brief, para. 58.
249 - See, Nikolic Sentencing Judgement, para. 170.
250 - Obrenovi} Defence Closing Statement, Sentencing Hearing, T. 1553.
251 - Statement of Facts, page 8.
252 - Defence Ex. D-10 a, Sentencing Statement of Dragan Obrenovic, 30 July 2003, pp. 5-8, 10.
253 - Prosecution Supplemental Sentencing Brief, para. 12.
254 - Obrenovic Supplemental Sentencing Brief, para. 18.
255 - Plea Agreement, para. 14.
256 - Sentencing Hearing, Defence Closing Arguments, T. 1544.