Tribunal judges today convicted Enver Hadzihasanovic and Amir Kubura, both high level commanders in the Army of Bosnia and Herzegovina (ABiH). The Trial Chamber sentenced Enver Hadzihasanovic to five years imprisonment and Amir Kubura to two and a half years.

Trial Chamber II of the Tribunal convicted both men for failing to take necessary and reasonable measures to prevent or punish several crimes that forces under their command committed in central Bosnia and Herzegovina in 1993 and the beginning of 1994. The Trial Chamber acquitted the accused of a number of other crimes.

In the first Tribunal judgement to deal with the presence of foreign Muslim or Mujahedin combatants in central Bosnia and Herzegovina, the Trial Chamber found that Enver Hadzihasanovic exercised effective control over a detachment of such forces. It found that Mujahedin members severely beat and psychologically abused five civilians from the Croatian and Serbian community in Travnik and murdered Dragan Popovic in October 1993 in the Orasac camp. The Trial Chamber found Enver Hadzihasanovic guilty of failing to prevent these crimes.

The Trial Chamber also convicted Enver Hadzihasanovic for failing to take necessary and reasonable measures to punish members of his forces who murdered Mladen Havranek, a Bosnian Croat army prisoner of war, on 5 August 1993. Finally, it found Enver Hadzihasanovic guilty of failing to prevent or punish members of his forces who cruelly treated civilians and prisoners of war in five detention facilities in 1993.

The Trial Chamber convicted Amir Kubura for failing to take necessary and reasonable measures to punish members of his forces who plundered private or public property in the villages of Susanj, Ovnak, Brajkovici and Grahovcici in June 1993. It also convicted him for failing to prevent or punish members of his forces who plundered private or public property in the village of Vares in November 1993.

The Trial Chamber is composed of Judge Jean-Claude Antonetti, Presiding, Judge Vonimbolana Rasoazanany and Judge Bert Swart. The Trial Chamber heard evidence from 172 witnesses, admitted 33 witness statements in writing, as well as three stipulations during the trial of Enver Hadzihasanovic and Amir Kubura, which began on 2 December 2003 and closed on 15 July 2005. A total of 2949 exhibits were tendered into evidence.

The case against Enver Hadzihasanovic and Amir Kubura is one of many before the Tribunal dealing with high-level accused charged with committing crimes against Croatian and Serbian civilians.

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The full summary of the judgement as read out by Judge Antonetti can be found at:

www.un.org/icty/hadzihas/trialc/judgement/060315/hadz-sum060315.htm