Dario KORDIC,
born on 14 December
1960 in Busovaca, Republic of Bosnia and Herzegovina
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Voluntary surrender: 6 October 1997
Transferred to ICTY: 6 October 1997
Initial appearance: 8 October 1997, pleaded
"not guilty" to all counts
Judgement: 26 February 2001, sentenced
to 25 years' imprisonment
Appeals Judgement: 17 December 2004, sentence
affirmed |
Mario CERKEZ,
born on 27 March 1959
in Rijeka, municipality of Vitez, Republic of Bosnia and
Herzegovina.
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Voluntary surrender: 6 October 1997
Transferred to ICTY: 6 October 1997
Initial appearance: 8 October 1997, pleaded
"not guilty" to all counts
Judgement: 26 February 2001, sentenced
to 15 years' imprisonment
Released: 3 December 2004
Appeals Judgement: 17 December 2004, new
sentence imposed of 6 years imprisonment
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Dario Kordic and Mario Cerkez were originally indicted
together with Ivan Santic, Pero Skopljak, Tihomir Blaskic
and Zlatko Aleksovski (see Blaskic
case sheet and Aleksovski case
information sheets).
The Indictment ("Lasva Valley")
The original Indictment, confirmed on 10 November 1995, included
four other co-accused. Charges were dropped against Ivan Santic
and Pero Skopljak on 19 December 1997. Tihomir Blaskic stood trial
in separate proceedings (Blaskic case (IT-95-14)), Zlatko Aleksovski
was transferred to Finland to serve his sentence on 22 September
2000 (Aleksovski case (IT-95-14/1)).
Factual allegations:
The Amended Indictment, as confirmed on 30 September 1998, alleges
that between November 1991 and March 1994 the Croatian Democratic
Union (HDZ) was a principal political party in Croatia, and its
goals included establishing the right to secession of the entire
"Croatian nation inside its historical and natural borders."
The Croatian Democratic Union of Bosnia and Herzegovina (HDZ-BiH)
was a principal Bosnian Croat party, and among its goals was that
of securing the right of the Croatian people to self-determination
and secession. The Croatian Community of Herceg-Bosna/ Croatian
Republic of Herceg-Bosna (HZ H-B/HR H-B) proclaimed its existence
in November 1991 and claimed to be a separate unit in the territory
of Bosnia and Herzegovina. The Croatian Defence Council (HVO) was
the HZ H-B/ HR H-B's supreme executive, administrative and defence
authority.
The HVO and other HDZ, HDZ-BiH and HZ H-B/HR H-B political, municipal
and administrative bodies, armed forces, police, paramilitary and
special units are alleged to have caused, planned, prepared, instigated,
supported, directed and engaged in a campaign of persecutions and
ethnic cleansing. They also allegedly committed serious violations
of international humanitarian law against the Bosnian population
residing in the municipality of Zenica, Bosnia and Herzegovina.
According to the Indictment, Dario Kordic was an active member
of the HDZ-BiH and rose to positions of increasing power, authority
and influence in the Bosnian Croat leadership. He was part of the
highest circle of political and military leaders in the HDZ-BiH
(President), the HZ HB, the HR H-B (Vice-President in both), and
the HVO. Dario Kordic is alleged to have led the attacks on the
Bosnian Muslim civilians in the Lasva River Valley between November
1991 and March 1994.
Mario Cerkez is alleged to have been Commander of the Vitez
Brigade of the HVO. The allegations against Cerkez relate
to crimes committed between April 1992 and September 1993.
Charges:
The Indictment charges Dario Kordic and Mario Cerkez on
the basis of individual criminal responsibility (Article 7(1) of
the Statute of the Tribunal) and superior criminal responsibility
(Article 7 (3)) with:
Grave breaches of the 1949 Geneva Conventions (Article 2 –
willful killing; willfully causing great suffering or serious
injury to body or health; inhuman treatment; unlawful confinement
of civilians; taking civilians as hostages; extensive destruction
of property),
Violations
of the laws or customs of war (Article 3 – unlawful attack
on civilians; unlawful attack on civilian objects; murder; violence
to life and person; cruel treatment; taking of hostages; wanton
destruction not justified by military necessity; plunder of public
or private property; destruction or willful damage to institutions
dedicated to religion or education), and
Crimes
against humanity (Article 5 – persecutions on political,
racial, or religious grounds; murder; inhumane acts; imprisonment).
Trial
The joint trial of Dario Kordic and Mario Cerkez commenced on 12
April 1999. The closing arguments took place on 14 and 15 December
2000.
Trial days: 240 days
Witnesses called:
Prosecution: 122
Trial Chamber: 2
Kordic: 62
Cerkez: 55
Exhibits:
Prosecution: 2721
Trial Chamber: 1
Kordic and Cerkez: 1643
Trial Chamber III:
Judge Richard May, United Kingdom (Presiding)
Judge Mohamed Bennouna, Morocco
Judge Patrick Robinson, Jamaica
Counsel for the Prosecution:
Geoffrey Nice
Patrick Lopez-Terres
Kenneth Scott
Susan Somers
Fabricio Guariglia
Counsel for the Defence (power of attorney):
:
For Dario Kordic:
Mitko Naumovski, Mr. Turner T. Smith, Jr.,
Stephen M. Sayers, Mr. Robert Stein, and
Christopher G. Browning.
For Mario Cerkez:
Bozidar Kovacic
Goran Mikulicic
Motions for Judgements of Acquittal
On 17 March 2000, Kordic and Cerkez filed motions for
judgement of acquittal, denied by the Trial Chamber on 6 April 2000.
Oral arguments were heard on 30 March 2000 during which the Prosecution
conceded that it had not produced evidence on certain locations
referred to counts 43 and 44 (destruction of institutions dedicated
to religion or education) in the indictment and agreed to amend
it accordingly. These locations are:
Count 43: Divjak and Stupni Do
Count 44: Divjak
In its Decision of 6 April 2000, the Trial Chamber found that there
was no, or insufficient evidence on count 39 and 42 (plunder of
public or private property) in relation to the following locations:
Count 39: Merdani, Putis, Ocenici, Kazagici, Behrici, Gromiljak,
Visnjica, Nadioci, Pirici, Gacice, and,
Count 42: Nadioci and Pirici.
Judgement
On 26 February 2001, the Trial Chamber rendered its Judgement,
finding the accused guilty as follows (see Judicial
Supplement No. 23):
Dario Kordic: on the basis of individual criminal responsibility
(Article 7(1)), with:
Grave breach
of the Geneva Conventions (Article 2 - willful killing; inhuman
treatment; unlawful confinement of civilians);
Violations
of the laws or customs of war (Article 3 - unlawful attack on civilians;
unlawful attack on civilian objects; wanton destruction not justified
by military necessity; plunder of public or private property; destruction
or willful damage to institutions dedicated to religion or education),
and
Crimes against
humanity (Article 5 – persecutions on political, racial or
religious grounds; murder; inhumane acts; imprisonment).
Sentence: 25 years’ imprisonment (see Press release
No. 567).
Mario Cerkez: on the basis of individual criminal responsibility
(Article 7(1)), with:
Crimes against
humanity (Article 5 - persecutions on political, racial or religious
grounds);
and, on the basis of individual criminal responsibility (Article
7(1)) and superior criminal responsibility (Article 7(3)), with:
Grave breach
of the Geneva Conventions (Article 2 - willful killing; inhuman
treatment; unlawful confinement of civilians; taking civilians as
hostages);
Violations
of the laws or customs of war (Article 3 - unlawful attack on civilians;
unlawful attack on civilian objects; wanton destruction not justified
by military necessity; plunder of public or private property; destruction
or willful damage to institutions dedicated to religion or education),
and
Crimes against
humanity (Article 5 - murder; inhumane acts; imprisonment).
Sentence: 15 years’ imprisonment. (see Press release
No. 567)
Credit for time served
Credit for the period of detention in custody pending
trial: Kordic and Cerkez since 6 October 1997.
Appeal
On 12 March 2001, the Accused, Dario Kordic and Mario
Cerkez, filed a notice of Appeal against the Judgement of
Trial Chamber III of 26 February 2001. On 13 March 2001, the
Office of the Prosecutor filed its notice of Appeal against
the Judgement of 26 February 2001.
On 2 December 2004, the Appeals Chamber ordered the “immediate
release” of Mario Cerkez. The full reasons for this
Order will be given in the Judgement which will be rendered
on 17 December 2004 (see Press Release No. 919).
Cerkez was released on 3 December 2004.
On 17 December 2004, the Appeals Chamber convened to pronounce
the Appeals Judgement in the Kordic and Cerkez case. The Appeals
Chamber affirmed Dario Kordic’s sentence of 25 years
of imprisonment. It imposed a new sentence of 6 years imprisonment
for Mario Cerkez (see Press Release No. 926).
Appeals Chamber:
Judge Wolfgang Schomburg (Presiding), Germany
Judge Fausto Pocar , Italy
Judge Florence Mumba, Zambia
Judge Mehmet Güney, Turkey
Judge Inés Mónica Weinberg De Roca, Argentina
Counsel for the Prosecution:
Norman Farrell
Helen Brady
Counsel for the Defence:
For Dario Kordic (power of attorney)
Mitko Naumovski
Turner T. Smith
Stephen M. Sayers
For Mario Cerkez
Bozidar Kovacic
Goran Mikulic
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