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Appeals Judgement to be Rendered in the Krnojelac Case

Press Release . Communiqué de presse

(Exclusively for the use of the media. Not an official document)


APPEALS CHAMBER

CHAMBRE D'APPEL

The Hague, 15 September 2003

CT/P.I.S./ 782e




APPEALS JUDGEMENT TO BE RENDERED IN THE KRNOJELAC CASE


On Wednesday 17 September 2003, the Appeals Chamber consisting of Judge Claude Jorda (Presiding), Judge Wolfgang Schomburg, Judge Mohamed Shahabuddeen, Judge Mehmet Güney, and Judge Carmel Agius will render its Judgement in the case The Prosecutor v. Milorad Krnojelac in Courtroom I at 3 p.m.


BACKGROUND ON THE INDICTMENT


The third amended Indictment, dated 25 June 2001, alleged that from the beginning of April 1992 until mid-July 1992, Serb military forces took control and occupied Foca and the surrounding villages. The Serb authorities arrested Muslim villagers throughout the municipality and separated the men from the women. Thousands of Muslims and other non-Serbs were unlawfully
confined.


The Foca Kazneno-Popravni Dom (KP Dom) prison became the primary detention facility for men and functioned as a detention facility from April 1992 to October 1994. Most of the detainees, the number of which reached a peak at 760, were civilian Muslim men from 16 to 80 years of age, including mentally handicapped, physically disabled and seriously ill persons, who had not been
charged with any crime.


According to the Indictment, from April 1992 until August 1993, Milorad Krnojelac, was the commander of the KP Dom and is alleged, while acting as camp commander, to have subjected Muslim and other non-Serb males to prolonged and routine imprisonment and confinement, repeated torture and beatings, countless killings, prolonged and frequent forced labour and inhumane conditions
within the KP Dom detention facility. In addition, Krnojelac is alleged to have assisted in the deportation or expulsion of the majority of Muslim and non-Serb males from the Foca municipality.


THE TRIAL


The trial of Milorad Krnojelac commenced on 30 October 2000 and closing arguments were heard on 19 and 20 July 2001. During the trial, which lasted 76 hearing days, the Prosecution and the Defence called 45 and 31 witnesses and tendered 283 and 279 exhibits respectively.


JUDGEMENT



On 15 March 2002, Trial Chamber II consisting of Judge David Hunt (Presiding), Judge Florence Mumba and Judge Liu Daqun found Milorad Krnojelac guilty by virtue of his individual and superior criminal responsibility on two counts of crimes against humanity and two counts of violations of the laws or customs of war and sentenced him to seven and a half years' imprisonment.

THE APPEAL PROCESS


On 12 April 2002, Defence counsel for Milorad Krnojelac filed a notice of appeal against the Judgement of Trial Chamber II. The Prosecution filed their appeal against the Judgement on 15 April 2002. The Appeal Hearing was held on 14 and 15 May 2003.


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