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267. In November 2001, Dragan Kolundžija was sentenced to three years’ imprisonment after pleading guilty to the crime against humanity of persecution, and was granted early release three weeks later. See http://www.icty.org/x/cases/sikirica/cis/en/cis_sikirica_al_en.pdf. 268. In November 2001, Damir Došen and Dragoljub Prcać were each sentenced to five years’ imprisonment for the crime against humanity of persecution and, in Prcać’s case, for the war crimes of murder and torture. Došen was granted early release on February 28, 2003; Prcać was released after serving his full sentence in March 2005. See http://www.icty.org/x/cases/sikirica/ cis/en/cis_sikirica_al_en.pdf (Damir Došen) and http://www.icty.org/x/cases/kvocka/cis/en/cis_ kvocka_al_en.pdf (Dragoljub Prcać). 269. In November 2001, Molojica Kos was sentenced to six years’ imprisonment for the crime against humanity of persecution and for the war crimes of murder and torture. He was granted early release in July 2002. See http://www.icty.org/x/cases/kvocka/cis/en/cis_kvocka_al_en.pdf. 270. In November 2001, Miroslav Kvočka was sentenced to seven years’ imprisonment following his conviction of persecution as a crime against humanity and murder and torture as war crimes, and was granted early release in March 2005. See http://www.icty.org/x/cases/kvocka/cis/ en/cis_kvocka_al_en.pdf. 271. In October 2003, Predrag Banović was sentenced to eight years’ imprisonment after pleading guilty to the crime against humanity of persecution, and was granted early release in September 2008. See http://www.icty.org/x/cases/banovic/cis/en/cis_banovic_en.pdf. 272. See http://www.icty.org/x/cases/kvocka/cis/en/cis_kvocka_al_en.pdf and http://www.icty. org/x/cases/sikirica/cis/en/cis_sikirica_al_en.pdf. As of this writing, the Court of BiH has dealt with one case concerning the crimes in Omarska and Keraterm. The four defendants in this case received prison sentences of seven, nine, 21, and 31 years in prison, respectively. See “Mejakić et al: Personal Responsibility for Crimes in Prijedor Detention Camps,” BIRN Justice Report, July 20, 2009, http://www.bim.ba/en/176/10/21183/. 273. Article 28 provides in full: 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. 274. Prosecutor v. Miroslav Tadić, Case No. IT-95-9, Decision of the President on the Application for Pardon or Commutation of Sentence of Miroslav Tadić, 4 (June 24, 2004). Under Rule 123 of the ICTY’s Rules of Procedure and Evidence, the state where a defendant is serving his or her sentence shall notify the Tribunal of his or her eligibility for pardon or commutation of sentence under its own law. Typically, the states that have agreed to receive defendants for purposes of serving sentences imposed by the ICTY allow early release when a convict has served two-thirds of his sentence. It falls to the ICTY president to determine, in light of factors set forth in Rule 125 and after consulting with ICTY officials specified in Rule 124, whether to grant pardon or commutation. 275. See, for example, Decision of the President on the Application for Pardon or Commutation of Sentence of Mrs. Biljana Plavšić, 8–9, Case No. IT-OO-39 and 40/l-ES (Sept. 14, 2009). Other examples include Damir Došen (president’s decision of Feb. 28, 2003), Milan Simić (Oct. 27, 2003), 156 NOTES
Simo Zarić (Jan. 21, 2004), Stevan Todorović (June 22, 2005), Drago Josipović (Jan. 30, 2006), Predrag Banović (Sep. 3, 2008), and Vladimir Šantić (Feb. 16, 2009). Rehabilitation is one of several grounds that the president is to take account of when determining the appropriateness of commuting a convict’s sentence pursuant to Rule 125 of the ICTY’s Rules of Procedure and Evidence. Others include the gravity of the crimes for which the prisoner was convicted; the treatment of similarly-situated prisoners, and any substantial cooperation of the prisoner with the prosecutor. 276. Interview with Edin Ramulić, Izvor Association, Prijedor, Dec. 8, 2006. 277. “The Story of Nusreta Sivac,” United Nations Office of the High Commissioner for Human Rights, at http://www.ohchr.org/EN/NewsEvents/Pages/StoryOfNusretaSivac.aspx. 278. Id. 279. See Felix Blake, “Nusreta survived the rape camp, but her torture is unending,” Bosnian Institute, Nov. 23, 2002, at http://www.bosnia.org.uk/news/news_cfm?newsid=1670. 280. Interview with Fatima Fazlić, president, Izvor Association, Prijedor, July 23, 2009. 281. Interview with Emsuda Mujagić, Srcem do Mira, Kozarac, July 23, 2009. 282. Interview with Muharem Murselović, member of Republicka Srpska National Assembly, president of the RS Parlamentarians Club for the Party for BiH, Banja Luka, July 15, 2009. 283. Interview with Mirsad Duratović, Prijedor, Dec. 8, 2006. 284. Interview with Nidžara Ahmetašević, editor, BIRN in BiH, Sarajevo, July 13, 2009. 285. Interview with Hatidža Mehmedović, president, Association of Srebrenica Mothers, Potočari, July 21, 2009. Radislav Krstić received a sentence of 35 years in prison for aiding and abetting the Srebrenica genocide. See http://www.icty.org/x/cases/krstic/cis/en/cis_krstic.pdf. At the other end of the extreme, Dražan Erdemović received only five years for participating in the Srebrenica slayings, having pleaded guilty, expressed remorse and cooperated with the ICTY prosecutors. See http://www.icty.org/x/cases/erdemovic/cis/en/cis_erdemovic_en.pdf. 286. Sead Golić, Association of the Families of Missing, Forcibly Detained and Murdered Bosniaks of Bosnia and Herzegovina, Brčko, July 22, 2009. 287. According to Ramulić, there had been rumors that Stakić’s sentence would be reduced to 20 years by the Appeals Chamber of the ICTY. Interview with Edin Ramulić, Izvor Association, Prijedor, Dec. 8, 2006. 288. For example, Mervan Miraščija, law program coordinator, Open Society Fund BiH, Sarajevo, Nov. 2006. 289. Not surprisingly, Sarajevan respondents in a survey taken after the ICTY Trial Chamber sentenced Galić to 20 years in prison “overwhelmingly indicated that they regarded [this sentence] as too lenient.” Sanja Kutnjak Ivković and John Hagan, The Politics of Punishment and the Siege of Sarajevo: Toward a Conflict Theory of Perceived International (In)justice, 40 L. and Soc’y R. 369, 397 (2006). 290. Prosecutor v. Milan Lukić and Sredoje Lukić, Case No. IT-98-32/1-T, Trial Judgment (July 20, 2009). 291. For example Sead Golić, who was otherwise highly critical of ICTY sentences, singled out these sentences as an exception to his discontent. Interview with Sead Golić, Association of the THAT SOMEONE GUILTY BE PUNISHED 157
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That Someone Guilty Be Punished The
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That Someone Guilty Be Punished The
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Table of Contents Acknowledgments 7
Page 9 and 10:
Acknowledgments Diane Orentlicher,
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Methodology This report draws upon
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I. Introduction On May 25, 1993, th
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Victims’ Justice The Security Cou
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in the . Srebrenica genocide. Many
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Journalist Nidžara Ahmetašević r
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survive “ethnic cleansing.” Muh
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ings [of Bosnia’s judiciary were]
Page 26 and 27:
from territories under Serb control
Page 28 and 29:
C. Peace and Justice If the ICTY fa
Page 30 and 31:
groups are approximately the same s
Page 32 and 33:
F. Cooperation by Bosnian Authoriti
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Women [who were captured by Serb so
Page 36 and 37:
Tribunal’s expressive function in
Page 38 and 39:
We found this view to be nearly uni
Page 40 and 41:
Branko Todorović, who heads the He
Page 42 and 43:
full establishment of healthy and c
Page 44 and 45:
Sali-Teržić believes that justice
Page 46 and 47:
committed war crimes, a notion that
Page 48 and 49:
J. “Justice Isn’t Just in Legal
Page 50 and 51:
Vehid Šehić, who believes the ICT
Page 52 and 53:
Because our own research did not in
Page 54 and 55:
imposed on two other perpetrators c
Page 56 and 57:
feared it would be reduced to half
Page 58 and 59:
Enumerating victims’ frustrations
Page 60 and 61:
While some of our Bosnian interlocu
Page 62 and 63:
2. Biljana Plavšić On October 2,
Page 64 and 65:
Others interviewed during the same
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executions, the execution in Korić
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D. Significant Verdicts, Other Ruli
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at least 2012; another, Ratko Mladi
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could be legally attributed to Serb
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Hasečić leads, the Association of
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ings … went before any expectatio
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enica survivor Kada Hotić describe
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they are in the shadow of Karadži
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First, individuals who had been for
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Kovačević, who was under indictme
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says it was “not the major reason
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their names are not publicly disclo
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V. Truth and Acknowledgment The off
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A. Acknowledging and Condemning Atr
Page 95 and 96:
We encountered another brand of non
Page 97 and 98:
Herzegovina that only serves to cau
Page 99 and 100:
3. Acknowledgement on the part of o
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More generally, Bosnians’ percept
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is standard procedure for prosecuto
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crimes occurred and meet with local
Page 107 and 108: Srd¯an Dizdarević believes that t
Page 109 and 110: VI. Impact on Domestic War Crimes P
Page 111 and 112: But if his words seemed to invite s
Page 113 and 114: Rules of the Road In the aftermath
Page 115 and 116: Responding to a question about the
Page 117 and 118: In examining the results and prospe
Page 119 and 120: the ICTY’s strategy for completin
Page 121 and 122: a. Rule 11 bis cases While Rule 11
Page 123 and 124: ut the documentation is still in th
Page 125 and 126: December 2006, Vaso Marinković, th
Page 127 and 128: tional judges and prosecutors are n
Page 129 and 130: The ICTY prosecuted just one person
Page 131 and 132: In recent years, state authorities
Page 133 and 134: in the late 1990s, as it finally be
Page 135: oning with the dark pages of its re
Page 138 and 139: 9. Interview with Fadil Budnjo, pre
Page 140 and 141: 38. As we note in Chapter VI, then
Page 142 and 143: 58. Richard J. Goldstone, For Human
Page 144 and 145: 84. In 1997, the Peace Implementati
Page 146 and 147: the Security Council, S/2005/781, D
Page 148 and 149: 135. Interview with Mirsad Duratovi
Page 150 and 151: 160. The ICTY prosecutor issued the
Page 152 and 153: 2009; Patrice C. McMahon and Jon We
Page 154 and 155: 221. An example of such an individu
Page 156 and 157: izručenje” (“Most RS Citizens
Page 160 and 161: Families of Missing, Forcibly Detai
Page 162 and 163: vict’s sentence, including “the
Page 164 and 165: 348. See Marlise Simons, “Crossin
Page 166 and 167: 379. See Judith Armatta, “Srebren
Page 168 and 169: 2001 and was based on U.S. federal
Page 170 and 171: 426. Interview with Kada Hotić, vi
Page 172 and 173: 467. The average length of trials c
Page 174 and 175: 495. Gideon Boas and Timothy L.H. M
Page 176 and 177: estored to them. The early return o
Page 178 and 179: 561. Murselović recalled that at t
Page 180 and 181: other charges. See Marlise Simons,
Page 182 and 183: of the Convention on the Prevention
Page 184 and 185: admit to the existence of war crimi
Page 186 and 187: 681. “Controversial group in Sreb
Page 188 and 189: and disruption of war and immediate
Page 190 and 191: Herzegovina, 46 Colum J. Transnat
Page 192 and 193: 729. International Crisis Group, Wa
Page 194 and 195: Change, Analysts Say,” New York T
Page 196 and 197: tation of the Peace Agreement to th
Page 198 and 199: Republika Srpska (31.9%). See South
Page 200 and 201: 798. E-mail communication with Pipi
Page 202 and 203: 822. As of July 2009, all but one o
Page 204 and 205: as “horrible,” while noting tha
Page 206 and 207: Jails Overflow,” BIRN’s Justice
Page 208 and 209:
sarily devoted mainly to prosecutin
Page 211 and 212:
Open Society Justice Initiative The
Page 214:
When the United Nations Security Co
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