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