Drago Josipovic transferred to Spain to serve prison sentence

Drago Josipovic transferred to Spain to serve prison sentence

On 9 April 2002, Drago Josipovic was transferred to Spain to serve his sentence as handed down by the International Criminal Tribunal for the former Yugoslavia (ICTY).

Spain became the seventh United Nations Member State to enter into an Enforcement of Sentences Agreement with the Tribunal on 28 March 2000. The other countries are Italy (signed on 6 February 1997), Finland (7 May 1997), Norway (24 April 1998), Sweden (23 February 1999), Austria (23 July 1999) and France (25 February 2000).

Factual allegations

The amended indictment of 9 February 1998 alleges that during the armed conflict between the forces of the Croatian Defence Council (HVO) and those of the Government of Bosnia and Herzegovina, from January 1993 until at least May 1993, the HVO systematically attacked villages chiefly inhabited by Bosnian Muslims in the Lasva River Valley region of central Bosnia and Herzegovina.

The accused was charged for his alleged involvement in the persecution of the Bosnian Muslim villages of Ahmici-Santici and its environs from October 1992 to April 1993, and in the participation in an attack on Ahmici-Santici on 16 April 1993. During the attack the village was shelled from a distance and then groups of HVO soldiers went from house-to-house attacking Bosnian Muslim civilians and burning their houses, barns and livestock.

Charges

Along with Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic and Vladimir Santic, Drago Josipovic  was charged on the basis of individual criminal responsibility (Article 7(1) of the Statute) with:

- Violations of the laws or customs of war (Article 3 – murder; cruel treatment),

- Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; murder; inhumane acts).

The Trial

The Trial started on 17 August 1998. The Prosecution finished presenting its case-in-chief on 15 October 1998. On 11 January 1999, the presentation of the Defence case in-chief began, ending on 23 July 1999. The Prosecution presented rebuttal evidence between 27 September and 4 October 1999, and the Defence led rejoinder witnesses on 5 and 6 October 1999. Closing arguments were held from 8 to 10 November 1999.

The Judgement

On 14 January 2000, the Trial Chamber pronounced its Judgement.

Drago Josipovic was found guilty on the basis of individual criminal responsibility for:

- Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; murder; inhumane acts). He was sentenced to 15 years’ imprisonment.

The Appeal

On 26 January 2000, Drago Josipovic filed his notice of appeal against the Judgement and sentence. The Prosecution filed its notice of appeal against the Trial Chamber’s findings regarding Josipovic on 31 January 2000. The appeal hearing took place from 23 to 25 July 2001.

The Appeals Chamber rendered its Judgement on 23 October 2001. The Appeals Chamber allowed his appeal in part and reduced his sentence from 15 to 12 years’ imprisonment.

*****
International Criminal Tribunal for the former Yugoslavia
For more information, please contact our Media Office in The Hague
Tel.: +31-70-512-8752; 512-5343; 512-5356 Fax: +31-70-512-5355 - Email: press [at] icty.org
Follow ICTY on Twitter and Youtube