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The Hague Tribunals Appellate Chamber rejected the request filed by Defence attorney Vasvija Vidovic to quash the verdict against Delic, considering the fact that neither she nor other members of his family have legal grounds for requesting revision of the verdict.
Vidovic requested the revocation of the verdict after a letter by Danish judge Frederick Harhoff had been published. As she said, in that letter the judge demonstrated an unacceptable biasness towards verdicts of conviction against indictees.
The Defence attorney said that such biasness might have been a decisive factor in rendering the decision to sentence Delic, bearing in mind that Harhoff was a member of a three-member first instance Chamber, which sentenced Delic by 2 votes for and 1 against such a decision.
In his letter, which was published in the media, judge Harhoff expressed concern due to verdicts of release pronounced against Croat and Serb generals.
Under a first instance verdict pronounced by The Hague Tribunal in 2008, Delic, former Commander of the Main Headquarters with the Army of Bosnia and Herzegovina, ABiH, was sentenced for having failed to undertake the necessary and reasonable measures to prevent or punish the crimes committed by members of El Mujahid Unit against Serb prisoners in Livade village and Kamenica detention camp near Zavidovici in the summer of 1995. He was sentenced to three years in prison.
He died a year and five months later, while at temporary liberty. The Appellate Chamber confirmed the first instance verdict.
In its response to the request for revocation of the verdict, The Hague Prosecution said that the jurisdiction of the International Criminal Tribunal for the former Yugoslavia, ICTY, was limited to living indictees or convicts. Only a convict or prosecutor can file motions for reconsideration of verdicts. Therefore, no other person can initiate the procedure on behalf of Delic, The Hague Prosecutions motion says.
