Norway Finds Citizen Refugee Guilty of War Crimes

By Sarah Benczik
Impunity Watch Reporter, Europe

OSLO, Norway - The Oslo district court today convicted a former member of the Croatian Armed Forces (HOS) on 11 counts pertaining to war crimes and sentenced him to five years imprisonment and a fine of €50,000. 

The court found Mirsad Repak guilty of  war crimes and deprivation of freedom of 11 civilian, non-combatant Serbs followed by an internment in Dretelj prison camp in southern Bosnia-Herzegovina.  The court found that Repak played a leadership role in the mistreatment and unusual suffering of the prisoners.  Repak was acquitted of the charge of crimes against humanity, rape, and aggravated assault.

Repak sought asylum in Norway in 1993 and attained Norwegian citizenship since 2001.  Repak was arrested in May 2007 under suspicion that he committed "rape, forcible detention and causing of serious injuries."  At that time Norwegian law did not address crimes against humanity.  An amended indictment against Repak was filed after Norway changed its laws to enable prosecution for crimes against humanity.  Although the new laws specifically allow for retroactive application, the court refused to apply them.  The court held that "it would be unconstitutional to enforce [the law] retroactively."

The prosecution intends to appeal the lower court's ruling on the retroactivity; sources also expect the defense to appeal.  The chief judge of the appeals court, Finn Haugen, urged both sides to appeal: "The ruling should end up in the Supreme Court, so it can put its stamp on the interpretation of the law and the length of the sentences. It would be good to have to the Supreme Court's conclusion before more war crimes cases end up on our table." 

Repak's trial was the first held in Norway for war crimes since the trial of Vidkun Quisling for Nazi collaboration in 1945.  So far three people suspected of war crimes in the former Yugoslavia, including Repak, have been arrested in Norway. 

For more information, please see:

BalkanInsight.com - Norway Jails Bosnian for War Crimes - 2 December 2008

BIRN - Mirsad Repak sentenced to five years' imprisonment - 2 December 2008

International Herald Tribune - Norway convicts Bosnian on 1992 war crimes - 2 December 2008

Monsters&Critics - Norwegian court sentences man in Balkan war crimes case - 2 December 2008