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| |  | | Mitar Rasevic | | | context : | Former Yugoslavia  | | judgement place : | Bosnia Herzegovina | | status : | Sentenced | | particulars : | Sentenced to a term of eight years in jail on 28th February 2008 by a trial chamber of the State Court of Bosnia and Herzegovina; the appeal is underway. | | position : | Former prison guard commander at Foča Prison, also known as Kazneno Popravni (KP) Dom (House of Criminal Rehabilitation). |
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| | | | The initial ICTY indictment was issued on 17th June 1997. It was made public on 29th November 2001 and also included Milorad Krnojelac and Savo Todović.
A second joint indictment against Mitar Rašević and Savo Todović was confirmed on 12th May 2004 and amended on 7th April 2006.
According to the Indictment, Mitar Rašević is being prosecuted on the basis of his individual criminal responsibility, or alternatively, his superior command responsibility. He was indicted on seven counts of crimes against humanity (Article 5 of the Statute of the ICTY: persecution, torture, inhumane treatment, murder, imprisonment, inhumane acts and enslavement), and five counts of war crimes (Article 3: torture, inhumane treatment, murder and slavery).
The indictment also charges him with participation in a joint criminal enterprise. The Indictment states, inter alia, that between April 1992 and October 1994, Mitar Raševic allegedly participated in a joint criminal enterprise to imprison Muslim men and non-Serbs in inhumane conditions in KP Dom.
The Indictment also states that, in his capacity as commander, Mitar Raševic did not fulfil his duty to take necessary and reasonable measures to prevent these crimes and to punish those responsible. In addition, the indictment states that during the said period, Mitar Raševic reportedly ordered the interrogation, torture and murder of some prisoners. Between June and August 1992, and under his supervision, guards allegedly physically and mentally abused detainees causing the death of 26 people. Moreover, between April 1992 and October 1994, he contributed to the fostering of an atmosphere of fear and the maintenance of deplorable living conditions in the detention camp. Finally, he participated in the formation of a system of forced labour in the camp.
Mitar Rašević appeared at a preliminary hearing before the ICTY on 18th August 2003 without entering a plea. He subsequently appeared before the ICTY on 16th September 2003, once again without entering a plea. The judge entered on his behalf a plea of not guilty.
On 8th July 2005, the ICTY decided to refer the case of Mitar Rašević to the State Court of Bosnia and Herzegovina in accordance with Article 11 of the Rules of Procedure and Evidence of the ICTY. An appeal by the defence of his co-accused, Savo Todović, against that decision was dismissed by the Appeals Chamber of the ICTY on 4th September 2006.
Mitar Rašević was transferred to the State Court of Bosnia and Herzegovina on 3rd October 2006.
On 29th December 2006, the State Court of Bosnia and Herzegovina confirmed the amended indictment against Mitar Rašević.
The Prosecutor of Bosnia and Herzegovina has indicted Mitar Rašević for crimes against humanity under Article 172 (1)(h) of the Criminal Code of Bosnia and Herzegovina.
Mitar Rašević did not appear before the court at a preliminary hearing held on January 15, 2007 and the judges entered a plea of not guilty on his behalf.
The trial commenced on April 6, 2007.
On February 28, 2008, a trial chamber of the State Court of Bosnia and Herzegovina found Mitar Rašević guilty of crimes against humanity and war crimes committed against Bosnian civilians between 1992 and 1995 in KP Dom. Mitar Rašević was also found guilty of having participated in a joint criminal enterprise.
This decision represents the first time that the Court of Bosnia and Herzegovina convicted an accused on the basis of participation in a joint criminal enterprise.
Mitar Rašević was sentenced to eight and a half years in prison. The time served in custody since August 15, 2003 was deducted from his sentence. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Bosnia and herzegovina | | | date of birth : | | | 15.11.1949 | | | also known as : | | | Micó | | | last time seen : | | | Sarajevo, Bosnia and Herzegovina | | | period of charges : | | | 04.1992 - 10.1994 | | | judgement period : | | | 06.04.2007 - 28.02.2008 | | | charges : | | | Crimes against humanity
War crimes | | | profile last modified : | | | 02.04.2008 |
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