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Judge Harhoff reveals an unacceptable bias towards the conviction of accused people before the ICTY, a bias which could have been a decisive factor in reaching the final decision to convict Rasim Delic, Vidovic said in a motion filed with the Tribunal President Theodor Meron.
Harhoff was member of the three-member first instance Chamber, which convicted Delic with two votes for, one against. In the alternative, the Defence of Delic requests the Appellate Chamber to release a new verdict in the interest of justice.
Under the first instance verdict rendered by the Hague Tribunal in September 2008, Delic was sentenced to three years in prison. He died a year and half months later, while on temporary release. The Appellate Chamber confirmed the first instance verdict.
In his letter sent to his friends Hague Tribunal judge Frederik Harhoff expressed concern over two recently pronounced verdicts. He considers that the Tribunal President, U.S. judge Theodor Meron, put pressure on two judges in relation of verdicts of acquittal in the case against Ante Gotovina and Mladen Markac, as well as Jovica Stanisic and Franko Simatovic.Harhoff suspects that Meron did that under the influence of the military establishment of leading countries, like America and Israel.
According to the motion filed by Delics Defence, it is patent from the letter that judge Harhoff regards acquittals as inherently suspect and driven by US-Israeli machinations, apparently conducted through the Appeals Chamber presiding judge, Judge Meron, a judge of unimpeachable international reputation and renown.
Delic was appointed Commander of the Main Headquarters of the Army of Bosnia and Herzegovina on June 8, 1993. He was sentenced for having failed to undertake the necessary and reasonable measures to prevent or sanction the crimes committed by Mujahideen against Serb prisoners in Livade village and Kamenica detention camp, near Zavidovici, in the summer of 1995.
