Nikola Andrun sentenced to 18 years’ imprisonment
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The first instance Chamber sentenced Andrun to 13 years. Following the appeals filed by both parties, the Appellate Chamber ordered a retrial. After “a careful analysis of the statements of witnesses”, the Chamber decided to render a new verdict.
During the course of the retrial the Chamber determined that Andrun was guilty of 12 counts in the indictment, charging him with torture, as well as complicity in torture and murder at the Gabela detention camp, near Capljina, which “had all characteristics of a detention camp”, in the course of 1993.
“The number of crimes, unnecessary cruelty, the fact that he was deputy detention camp manager and the fact that many detainees were his neighbours determined the verdict as it is now,” said Appellate Chamber Chairwoman Azra Miletic.
He was acquitted of the charges which alleged that he took several detainees from the Gabela detention camp to a police station in Citluk, for an examination in early July 1993. After that he allegedly took the detainees back to the detention camp, where he mistreated them.
“The State Prosecution has not provided sufficient evidence to support the statements given by witnesses, who said that Andrun participated in this crime,” Miletic said.
“Andrun was not forced to commit those crimes, but he deliberately caused physical and mental suffering on the basis of discriminatory treatment of Bosniaks. He had the power to take detainees out of the camp, which means that his actions were deliberate and premeditated,” Miletic explained.
Explaining the verdict Miletic said that the Appellate Chamber could not determine, “beyond reasonable doubt”, that Andrun was direct perpetrator of the murder of Hivzija Dizdar but it did determine that he was “an accomplice in the murder”.
As indicated in the verdict, Dizdar was taken out of the detention camp and his remains were found in the vicinity of Mostar in 1996.
The indictee’s family members and former detainees from Gabela and their family members attended the announcing of the verdict.
“I cannot say whether I am satisfied, but the victims shall never find justice. This verdict is good, as it will prevent others from committing crimes. It is important to know that justice and laws do exist,” former detainee Mirzo Colakovic said.
