ICTY: Bugojno crimes verdict revised

The Appellate Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) partially upheld the first instance verdict appeals filed by Enver Hadzihasanovic and Amir Kubura and reduced the sentence for crimes committed in central Bosnia to three and a half and two years imprisonment respectively.

In March 2006 Hadzihasanovic, former commander of the Third Corps of BiH Army, and Kubura, former acting commander of the Seventh Muslim Mountain Brigade with the same Corps, were announced guilty for having failed to undertake “the necessary and reasonable measures” in order to sanction the perpetrators of crimes committed in the towns and villages in central Bosnia. Hadzihasanovic was sentenced to five years and Kubura to two and a half years imprisonment.

Both parties appealed the first instance verdict.

In the case of Amir Kubura, the Prosecution appealed the part of the verdict which acquitted him of some charges, as well as the announced sentence. Concerning Enver Hadzihasanovic, it appealed the sentence, asking for both sentences to be doubled.

The Appellate Chamber rejected these appeals in full.

The Appellate Chamber also rejected the allegations by the first instance Trial Chamber that Hadzihasanovic failed to sanction the perpetrators of the murder of one person and cruel treatment of detainees in the furniture factory detention camp in Bugojno and other detention centres in August 1993. The Appellate Chamber considers that the measures he undertook at the time were “reasonable”.

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.

Hadzihasanovic and Kubura were arrested in August 2001. Prior to the announcement of the second instance verdict, the two men were at liberty. Kubura was released in April 2006, while Hadzihasanovic was temporarily released in June 2007.

Mehmed Alagic, former senior officer of the Army of BiH, was charged with the same crimes as Hadzihasanovic and Kubura. The process against him was never completed, as he died in March 2003.

The process against Gasal and others, in which four low ranking BiH Army and police officers are charged with crimes committed in the detention camps in Bugojno, is currently underway before the Court of BiH.