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| |  | | Rasim Delic | | | context : | Former Yugoslavia  | | judgement place : | ICTY (Yugoslavia) | | status : | Sentenced | | particulars : | Found guilty of war crimes and sentenced to 3 years imprisonment on 15 September 2008; the appeal procedure began on 19 January 2010 | | position : | Chief of Staff of the Army of Bosnian Muslims |
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| | | | The indictment concerning Rasim Delic was drawn up on 15 February 2005 by the Prosecutor of the ICTY (International Criminal Tribunal for former Yugoslavia) and confirmed the following day by a judge.
It comprised the following four counts, in relation to Delic’s responsibility as hierarchical superior (Art. 7 § 3 ICTY Statute), on the grounds that he was not considered to have taken sufficient measures to prevent the acts mentioned in the indictment nor to have the perpetrators punished:
- murder, as a violation of the laws and customs of war, in the case of the execution of the Bosnian Croat soldiers in June 1993, and the disappearance and presumed death of the 60 soldiers from the VRS in September 1995;
- cruel treatment, as a violation of the laws and customs of war, in the case of the inhumane treatment inflicted on the soldiers who were captured and taken to the Kamenica camp;
- rape, as a violation of the laws and customs of war, in the case concerning the treatment to which the three women were subjected at the Kamenica camp
- cruel treatment, as a violation of the laws and customs of war, in the case concerning the treatment to which the three women were subjected at the Kamenica camp.
The bill of indictment was made public on 24 February 2005.
On 3 March 2005, he pleaded not guilty to all of the charges laid against him.
On 6 May 2005, the Trial Chamber III ordered his provisional release until the 25 June 2007, pending the start of his trial.
On 5 July 2007 the ICTY denied a request by the prosecution for Delic to be tried in Bosnia and Herzegovina instead of The Hague. The prosecution counsel argued that changes in the indictment, limiting its scope as well as the time available to present witnesses, meant that the tribunal was no longer the appropriate venue to try Delic.
The judges disagreed, saying it would not be in the interests of justice to suspend the trial at that stage of the case.
The trial began on 9 July 2007.
The closing arguments were made on 11 June 2008. The Prosecution recommended a sentence of 15 years' imprisonment. The Defence held that the accused should be acquitted.
On 15 September 2008 the Trial Chamber found Rasim Delic guilty of Counts 2 and 4, for cruel treatment as a violation of the laws or customs of war, pursuant to Article 3 of the Statute and sentenced him to three years imprisonment. He was acquitted on all the other counts.
On 19 January 2009, the appeal procedure before the Appellate Chamber began. Delic argued that the Trial Chamber was mistaken when it concluded that he had actual control over the "El Mujaheed" Unit and asked the Appellate Chamber to replace the conviction with an acquittal.
On the other hand the Prosecution appealed the pronounced sentence, calling on the Court to sentence Delic to seven years in prison. | |    | | 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 : | | | 04.02.1949 | | | last time seen : | | | The Hague, Netherlands | | | period of charges : | | | 08.06.1993 - 01.10.1995 | | | judgement period : | | | 09.06.2007 | | | charges : | | | Forced disappearances
War crimes | | | profile last modified : | | | 10.03.2010 |
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