BLASKIC (IT-95-14) Case Information Sheet 5 August 2004
The Accused

Tihomir BLASKIC,
born 2 November 1960 in Brestovsko, Bosnia and Herzegovina.

Voluntary surrender: 1 April 1996.
Transferred to ICTY: 1 April 1996.
Initial appearance: 3 April 1996, 4 December 1996 pleaded "not guilty" to all counts.
Trial Chamber Judgement: 3 March 2000, sentenced to 45 years' imprisonment.
Appeals Judgement: 29 July 2004, sentenced to 9 years’ imprisonment
Early release on 2 August 2004

Tihomir Blaskic was originally indicted together with Dario Kordic, Mario Cerkez, Zlatko Aleksovski, Ivan Santicand Pero Skopljak (see Kordic & Cerkez and Aleksovski case information sheets).

The Indictment ("Lasva Valley")

The original Indictment, confirmed on 10 November 1995, included five other accused. Dario Kordic and Mario Cerkez are currently standing trial together (Kordic & Cerkez case (IT-95-14/2)), Zlatko Aleksovski has been released after completing the sentence imposed by the Trial Chamber (Aleksovski case (IT-95-14/1)). Charges were dropped against Ivan Santic and Pero Skopljak on 19 December 1997.

Factual allegations:
According to the Second Amended Indictment, dated 25 April 1997 and corrected on 16 March 1999, from May 1992 to January 1994 members of the armed forces of the Croatian Defence Council (HVO) committed serious violations of international humanitarian law against Bosnian Muslims in Bosnia and Herzegovina.

At all times material to the Indictment the Accused held the rank of Colonel in the HVO, and became commander of the HVO in the central Bosnian Operative Zone on 27 June 1992. At the beginning of August 1994, he was promoted to the rank of General and appointed Commander of the HVO.  

Charges:
The Indictment charges the Accused on the basis of both individual responsibility (Article 7(1) of the Statute of the Tribunal) and superior responsibility (Article 7(3)) with:

Grave breaches of the 1949 Geneva Conventions (Article 2 - wilful killing; wilfully causing great suffering or serious injury to body or health; extensive destruction of property; inhuman treatment; taking civilians as hostages),
Violations of the laws or customs of war (Article 3 - devastation not justified by military necessity; unlawful attack on civilians; unlawful attack on civilian objects; murder; violence to life and person; plunder of public or private property; destruction or willful damage to institutions dedicated to religion or education; cruel treatment; taking of hostages), and
Crimes against humanity (Article 5 - persecutions on political, racial or religious grounds; murder; inhumane acts).

Trial

The Trial began on 24 June 1997. The Prosecution completed its case-in-chief on 29 July 1998, the Defence case-in-chief commenced on 7 September 1998. The closing arguments were heard from 26 - 30 July 1999.

Witnesses called:
Prosecution: 104
Defence: 46
Trial Chamber: 9 (1 witness was called by both the Trial Chamber and the Defence)

Exhibits:
Prosecution: 787
Defence: 614
Trial Chamber: 13

Trial Chamber I:
Judge Claude Jorda (Presiding), France
Judge Mohamed Shahabuddeen, Guyana
Judge Almiro Rodrigues, Portugal

Counsel for the Prosecution:
Mark Harmon
Andrew Cayley
Gregory Kehoe

Counsel for the Defence: (Power of attorney)
Russel Hayman
Anto Nobilo

Trial Chamber Judgement

On 3 March 2000, the Trial Chamber found Blaskic guilty of all the counts charged against him and imposed a sentence of 45 years' imprisonment. (see Judicial Supplement No. 13).

Credit for time served:
The Accused is entitled to credit for the period of detention in custody pending trial (3 years, 11 months and 2 days). This period of time, plus the time spent in detention pending any appeal, will be deducted from the sentence imposed.

The Appeal

Blaskic filed a notice of appeal against the Judgement and sentence on 17 March 2000.On 29 July 2004, the Appeals Judgement reversed the majority of the Trial Chamber’s convictions and sentenced Tihomir Blaskic to nine years’ imprisonment (see Press Release No. 875).

Early release:
On 29 July 2004, following the Appeals Judgement, the Defence for Tihomir Blaskic filed a request for early release which was granted by the President the same day, effective 2 August 2004 (see Press Release No. 876).

Appeals Chamber:
Judge Fausto Pocar (Presiding), Italy
Judge Wolfgang Schomburg, Germany
Judge Florence Mumba, Zambia
Judge Mehmet Güney, Turkey
Judge Inés Mónica Weinberg De Roca, Argentina

Counsel for the Prosecution:
Norman Farrell

Counsel for the Defence:
Anto Nobilo
Russell Hayman
Andrew Paley

Mr. Nobilo contempt:
On 11 December 1998, Mr. Anto Nobilo, one of the lawyers for General Blaskic, was found in contempt of the Tribunal and fined NLG 10,000 (4545 euros) for disclosing the identity and occupation of a protected witness, who had testified for the prosecution in the Aleksovski trial, during the trial of Blaskic. (A payment of NLG 6,000 (2727 euros) was suspended for a period of one year on condition that Mr. Nobilo was not found again in contempt of the Tribunal during that period). Mr. Nobilo was granted leave to appeal the Decision on 22 December 1998.
On 30 May 2001, the Appeals Chamber (Judges Hunt (Presiding), May, Robinson, Pocar and Fassi Fihri) allowed the appeal by Mr. Nobilo and directed the Registrar to repay him the NLG 4,000 (1818 euros) paid by Mr. Nobilo.