The accused Dusko TADIC, born on 1 October 1955.  Date of arrest by the German police forces: 13 February 1994 in Munich, Germany. Transferred to ICTY: 24 April 1995. Initial appearance: 26 April 1995, pleaded "not guilty" to all counts. Trial Chamber Judgement: 7 May 1997. Trial Chamber Sentencing Judgement: 14 July 1997, sentenced to 20 years' imprisonment. Appeals Chamber Judgement: 15 July 1999, convicted of nine additional counts. Trial Chamber Sentencing Judgement for additional counts: 11 November 1999, sentenced to 25 years' imprisonment. Appeals Chamber Sentencing Judgement: 26 January 2000, sentenced to a total of 20 years' Imprisonment. Transfer to Germany to serve sentence: 31 October 2000 Serving sentence

The Indictment ("Prijedor")

Factual allegations:
The amended Indictment of 14 December 1995 names both Dusko Tadic and Goran Borovnica, but the latter remains at large.
(see Borovnica case (IT-95-3).

The Indictment generally alleges that in late May 1992, Serb forces attacked Bosnian Muslim and Croat population centres in the Prijedor municipality in Bosnia and Herzegovina. Subsequently the forces unlawfully confined thousands of Muslims and Croats in the Omarska, Keraterm and Trnopolje camps.

The Indictment alleges that between late May 1992 and 31 December 1992, Dusko Tadic participated in attacks on and the seizure, murder and maltreatment of Bosnian Muslims and Croats in the Prijedor municipality, both within and outside the camps

Charges:
The amended Indictment charged the accused on the basis of individual criminal responsibility (Article 7(1) of the Statute) with:

twelve counts of crimes against humanity (Article 5 of the Statute - persecution on political, racial and/or religious grounds; murder; inhumane acts),
twelve counts of grave breaches of the 1949 Geneva Conventions (Article 2 thereof - wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health),and
ten counts of violations of the laws or customs of war (Article 3 thereof - cruel treatment; murder).

Witnesses called:
Prosecution: 76
Prosecution rebuttal: 10
Defence: 40

Exhibits:
Prosecution: 362
Defence: 103

Trial Chamber II:
Judge Gabrielle Kirk McDonald (Presiding), USA
Judge Ninian Stephen, Australia
Judge Lal Chand Vohrah, Malaysia

Office of the Prosecutor:
Mr. Grant Niemann
Mr. William Fenrick
Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Alan Tieger

Counsel for the accused:
Mr. Michail Wladimiroff*
Mr. Alphons Orie*
Mr. Steven Kay*
Mr. Milan Vujin
Mr. Nikola Kostic
Ms. Sylvia de Bertodano*
(* Withdrawn as counsel of record on 1 and 23 April 1997)

The Trial Chamber Judgement

The Judgement was rendered on 7 May 1997. The Trial Chamber found Dusko Tadic guilty on the basis of individual criminal responsibility (Article 7(1)of the Statute) with:

crimes against humanity (Article 5 of the Statute - persecution on political, racial and/or religious grounds; inhumane acts),
violations of the laws or customs of war (Article 3 - cruel treatment).
Sentence: 20 years' imprisonment (handed down on 14 July 1997).(see Press Release No. 226)
Following the determination by the Trial Chamber that the sentences were to be served concurrently, the above mentioned sentence indicate the highest penalty imposed on Dusko Tadic.

Appeals Chamber:
Judge Mohamed Shahabuddeen (Presiding), Guyana
Judge Antonio Cassese, Italy
Judge Wang Tieya, China
Judge Rafael Nieto-Navia, Colombia
Judge Florence Mumba, Zambia

Office of the Prosecutor:
Mr. Upawansa Yapa
Ms. Brenda Hollis
Mr. Michael Keegan

Counsel for the accused:
Mr. William Clegg
Mr. John Livingston

Appeals Chamber Judgement
The Appeals Chamber handed down its judgement on 15 July 1999 denying Dusko Tadic's appeal on all grounds(see Judicial Supplement No. 6). However, allowing the Prosecution's cross-appeal, the Appeals Chamber reversed the Judgement of the Trial Chamber and found the accused guilty on the basis of individual criminal responsibility (Article 7(1) of the Statute) of:

grave breaches of the 1949 Geneva Conventions (Article 2 of the Statute - willful killing; torture or inhuman treatment; willfully causing great suffering or serious injury to body or health).
crimes against humanity (Article 5 thereof - murder), and
Violations of the laws or customs of war (Article 3 thereof- murder).
Sentence: the issue of sentencing for the nine additional counts of which Tadic was convicted by the Appeals Chamber was referred to a Trial Chamber assigned by the President. (see Press Release No. 419).

Trial Chamber Sentencing Judgement:
The Prosecution and Defense counsel for Dusko Tadic filed their sentencing briefs on 1 October 1999 and 30 September 1999 respectively. The Trial Chamber held the sentencing hearing on 15 October 1999.

Trial Chamber II bis:
Judge Gabrielle Kirk McDonald (Presiding), United States
Judge Lal Chand Vohrah, Malaysia
Judge Patrick Robinson, Jamaica

On 11 November 1999, the Trial Chamber handed down its Sentencing Judgement on the additional counts (see Judicial Supplement No. 9). Holding that each of the sentences is to be served concurrently inter se and in relation to each of the sentences imposed in the Sentencing Judgement of 14 July 1997, Dusko Tadic was sentenced to 25 years' imprisonment, being the maximum sentence then imposed by the Trial Chamber. The Defence filed an appeal against the Sentencing Judgement on 25 November 1999.

Sentence on Appeal:
On 14 January 2000, the Appeals Chamber heard the oral arguments on the Defence appeals against the Sentencing Judgement handed down by Trial Chamber II on 14 July 1997 and that handed down by the Trial Chamber II bis on 11 November 1999.
On 26 January 2000, the Appeals Chamber sentenced Dusko Tadic to a maximum of 20 years' imprisonment (see Judicial Supplement No. 11). On 31 October, Dusko Tadic was transferred to Germany to serve his sentence(see Press Release No. 538).

Credit for time served:
The accused is entitled to credit for the period of detention in custody pending the appeal (from 13 February 1994). This period of time will be deducted from the sentence.

Contempt of court proceedings
Contempt hearings against Mr. Vujin commenced on 30 March 1999 (see Press Release No. 338) and concluded on 18 November 1999. The Appeals Chamber delivered its Judgement on 31 January 2000, finding Mr. Vujin in contempt of the Tribunal and fining him 15,000 Dutch Guilders to be paid within 21 days. Mr. Vujin filed a confidential application for leave to appeal on 7 February 2000.

On 27 February 2001, the Appeals Chamber (Judges Jorda (Presiding) Bennouna, Wald, Pocar and Liu) dismissed Mr. Vujin's appeal against the finding of contempt. Affirming the previous Judgement, the Appeals Chamber imposed a fine of 15,000 Dutch Guilders to be paid within 21 days and directed the Registrar to consider striking Vujin off the list of assigned counsel or suspend him for a given period and report his conduct to the professional body to which he belongs. On 12 June 2001, the Registrar ordered that Mr. Vujin be withdrawn from the list of assigned Defence counsel "in order to safeguard the administration of justice before the Tribunal".

On 12 September 2001, the President of the Tribunal, dismissed a request for review of the Registrar's decision filed by Mr. Vujin on 25 June 2001.

Request for review
In light of the above-mentioned Decision on contempt of the Tribunal, on 18 June 2001, Dusko Tadic filed a request for review of his complete case as well as the Trial Chamber and Appeals Chamber. His request for review was dismissed by the Appeals Chamber on 30 July 2002.