ICTY Appellate Chamber Reduces Bosnian Commanders' Sentences

By Sarah Benczik
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - The International Criminal Tribunal for the Former Yugoslavia (ICTY) Appellate Chamber today reduced the sentences of Evner Hadzihasanovic and Amir Kubura.

Hadzihasanovic and Kubura were found guilty in March 2006 for failing to take measures to sanction the perpetrators of crimes committed in towns and villages in central Bosnia.  Many of the alleged atrocities were committed by foreign mujahadeen fighters from Islamic countries fighting on the side of Bosnian Muslims. Hadzihasanovic and Kubura's initial indictment included accusations of murder and persecution of Serb and Croat civilians and prisoners, including ritual beheadings.

The two men were among the highest-ranking Bosnian Muslims to have stood trial in the Hague. Hadzihasanovic is the former commander of the Third Corps of the Bosnia and Herzegovina Army, and Kubura is the former acting commander of the Seventh Muslim Mountain Brigade of the Third Corps.

The ICTY Trial Chamber sentenced Hadzihasanovic to five years and Kubura to two and a half years of imprisonment. Both the prosecution and defense appealed the initial Trial Chamber verdict.

The Appellate Chamber rejected the Trial Chamber's finding that Hadzihasanovic failed to take reasonable actions to sanction the perpetrators of a murder and cruel treatment of detainees in a detention camp in Bugojno in August 1993. Hadzihasanovic's sentence of five years was reduced to three.

The Appellate Chamber acquitted Kubura of the charges alleging that he was responsible for the crimes committed by his subordinates in the Vares area in November 1993.  Kubura's sentence of two and a half years was reduced to two. 

Both men had been arrested in August 2001. Both men are now free, since time already served satisfies their new sentences.

For more information, please see:

Adnkronos International Italia - Bosnia: UN war crimes tribunal reduced Muslim officers' jail terms - 22 April 2008

BIRN - ICTY: Bugojno crimes verdict revised - 22 April 2008

EuroNews - War crimes court cuts jail terms for Bosnian Muslim pair - 22 April 2008