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Andrun case, Court of Bosnia and Herzegovina, 14 December 2006 (first instance) and 19 August 2008 (second instance)
Date of decision :
Judicial organ :
Court of Bosnia and Herzegovina
http://www.worldcourts.com/wcsbih/eng/decisions/2006.12.14_Prosecutors_Office_of_BiH_v_Andrun.pdf ; http://www.worldcourts.com/wcsbih/eng/decisions/2008.08.19_Prosecutors_Office_of_BiH_v_Andrun.pdf (both last accessed on 23.09.2013)
On 14 December 2006,
Section I for War Crimes of the Court of Bosnia and Herzegovina (BiH) ruled that the accused – a former deputy camp commander in the municipality of Capljina who also belonged to a brigade of the Croatian Defence Council (HVO) – was guilty of committing war crimes against civilians in 1993. The court found that the accused had treated civilians in the Gabela Detention Camp in an inhumane manner, by using torture and physical intimidation against them. The court also found that the accused had transferred a group of Bosniaks to a different camp with the intention of preventing red cross representatives from registering them. The accused was sentenced to 13 years of imprisonment.
The Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina revoked the first-instance verdict against Mr. Andrun, whereby he was found guilty of the criminal offence of war crimes against civilians and sentenced to 13 years of imprisonment, and on 19 August 2008 delivered the second-instance verdict, raising the sentence to 18 years of imprisonment. The Appellate Court ruled that the accused – a former Deputy Camp Commander in the municipality Capljina belonging to a brigade of the Croat Defence Council (HVO) – acted contrary to Article 3(1)(a) and (c) common to the four Geneva Conventions of 12 August 1949 committing the criminal offence of "crimes against civilians". The Court then found the accused guilty of participating in killings and acts of torture and inhuman treatment at the Gabela Camp, during the period from June to September 1993. Under the Bosnian Criminal Code, he committed the criminal offence of crimes against civilians in violation of Article 173 (1)(c) in conjunction with Article 29 (which refers to accomplices).
The legal issues in this case included the legality of applying the 2003 Criminal Code and its system of penalties to acts committed in 1993. As in other cases, the Court dismissed the arguments basing itself on the fact that the crimes constituted an offence under customary international law.
Andrun case - Decision of 14 December 2006.pdf
Andrun case - Decision of 19 August 2008.pdf
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