On 22 September 2000, the transfer of Zlatko Aleksovski and Anto Furundzija to Finland was completed to serve the prison sentences handed down to them by the International Tribunal. Finland was one of the first countries to sign an agreement on the enforcement of sentences on 7 May 1997. Seven nations have now signed such agreements, the others being Italy, Norway, Sweden, Austria, France and Spain.

BACKGROUND

Zlatko Aleksovski

Aleksovski was arrested on 8 June 1996 and transferred to ICTY on 28 April 1997. His initial appearance was held on 29 April 1997 where he pleaded not guilty to all counts.

According to the indictment, confirmed on 10 November 1995, Zlatko Aleksovski became the commander of the prison facility at Kaonik, near Busovaca, Bosnia and Herzegovina, in January 1993, prior to becoming the Head of the District Croatian Defence Council (HVO) "Heliodrom" prison in Mostar, in May 1993. As commander of the prison facility at Kaonik, Aleksovski was in charge of the prison and thus in a position of superiority to everyone else in the camp.

For a period spanning at least from early January 1993 until the end of May 1993, the accused accepted into his custody at the detention facility hundreds of detained Bosnian Muslim civilians. Many detainees under his control were subjected to inhumane treatment, including excessive and cruel interrogation, physical and psychological harm, and forced labour, the detainees were also used as human shields and murdered or otherwise killed.

The indictment charged Zlatko Aleksovski on the basis of both individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and superior criminal responsibility (Article 7(3)) with grave breaches of the Geneva Conventions (Article 2 - inhuman treatment; wilfully causing great suffering or serious injury to body or health), and violations of the laws or customs of war (Article 3 - outrages upon the personal dignity).

The trial commenced on 6 January 1998 and on 7 May 1999, the Trial Chamber pronounced its Judgement and issued a brief summary of their factual and legal findings. The full text of the Judgement was issued on 25 June 1999.

Aleksovski was found NOT GUILTY on the counts of Grave breaches of the 1949 Geneva Conventions (Article 2 - inhuman treatment; wilfully causing great suffering or serious injury to body or health), and,

GUILTY on the basis of both individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) for violations of the laws or customs of war (Article 3 - outrages upon the personal dignity).

Aleksovski was sentenced to two years’ and six months’ imprisonment.

On 17 and 19 May 1999 respectively, the Defence and Prosecution filed notices of appeal against both the Judgement and Sentence. Appeal briefs were filed on 24 September 1999.

On 24 March 2000, the Appeals Chamber rendered its written Judgement, which denied the accused’s four grounds of appeal against his conviction, allowed the Prosecution’s two grounds of appeal against the Judgement and allowed the Prosecution’s third appeal against the Sentence.

Aleksovski sentence was increased to seven years’ imprisonment.

Zlatko Aleksovski will be given credit for time served, namely from 8 June 1996 until 7 May 1999 and from 9 February 2000 until 22 September 2000 (Aleksovski was released between 7 May 1999 and 9 February 2000 pending the appeal proceedings).

Anto Furundzija

Anto Furundzija was detained by SFOR on 18 December 1997. His initial appearance was held on 19 December 1997, where he pleaded not guilty to all counts.

The amended indictment, confirmed on 2 June 1998, alleged that Furundzija was the local commander of a special unit of the military police force of the Croatian Defence Council (HVO) known as the "Jokers". On or about 15 May 1993 at the "Jokers’" headquarters near Vitez, Bosnia and Herzegovina, Furundzija interrogated a female Muslim civilian (Witness "A") and a Croatian soldier, and was present while "A" was raped and both "A" and the soldier were beaten and did nothing to stop or curtail these actions.

The indictment charged the accused on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) with violations of the laws or customs of war (Article 3 - torture; outrages upon personal dignity, including rape).

The trial commenced on 8 June 1998 and the Judgement was pronounced on 10 December 1998. The Trial Chamber found Furundžija GUILTY on the basis of individual criminal responsibility (Article 7(1)) for violations of the laws or customs of war (Article 3 - torture; outrages upon personal dignity, including rape).

Furundzija was sentenced to 10 years’ imprisonment.

The Defence filed a notice of appeal against both the Judgement and Sentence on 22 December 1998. The hearing of the appeal took place on 2 March 2000. A public version of the appeal brief and Prosecutor’s response were filed on 23 and 28 June 2000 respectively.

On 21 July 2000, the Appeals Chamber dismissed Furundzija’s appeal and upheld the Trial Chamber’s Judgement and Sentence.

Anto Furundzija will be given credit for time served, namely from 18 December 1997 until 22 September 2000.