Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Nedo Samardzic

    Year
    2006
    Issues
    Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Aggravating Factors Nudity, Public Rape Sexual Violence, Persecution Retrial

    Reference link
    http://www.internationalcrimesdatabase.org/Case/228/Samard%C5%BEi%C4%87-/
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Nedo Samardzic
    Charges
    Samardzic was charged with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) as read with subparagraph (g) of the Criminal Code of Bosnia and Herzegovina). Samardzic, in the period April 1992 to March 1993 in the Foca Municipality, as a member of the Army of Serb Republic of BiH, together with other soldiers, conducted persecution of the Bosniak civilian population on national, ethnical, religious, and gender grounds. He forced victims into sexual slavery, raped them, and conducted other inhumane acts, intentionally causing them great suffering, serious physical injuries and harm to their health. Some of the incidents concern: (i) In May 1992, in Miljevina, Samardzic raped and abused a female Bosniak in her apartment, subsequently taking her to the street and tying her half-naked to a street pole; (ii) In June 1992, Samardzic took a female Bosniak from her house to hotel Miljevina in the Foca Municipality, where he raped her. Afterwards, she was held for seven days in the hotel where she was raped by other soldiers on a daily basis; (iii) In the period June - September 1992, together with Nikola Brcic and Radovan Stankovic, Samardzic held several Bosniak women (two of whom were minors) as sexual slaves in the so-called Karaman’s house in Miljevina, which was used as a detention camp for women. The women were forced to engage in sexual intercourse with soldiers coming into the house on a daily basis. Samardzic personally forced detained women into sexual intercourse with him.
    Trial chamber verdict
    The Trial Panel found, on 7 April 2006, Samardzic guilty of crimes against humanity, including sexual and sentenced him 13 years and 4 months’ imprisonment.
    sentencing
    While the initial trial sentence was 13 years and 4 months imprisonment, this was increased to 24 years' imprisonment by the Appellate Panel.
    Appeals chamber verdict
    On 29 September 2006, the Appellate Division Panel of Section I for War Crimes of the Court of BiH rendered a decision upholding the appeals filed by the Prosecutor’s Office of BiH and Defense, and revoking the first instance verdict in the convicting and acquitting part. The same decision ordered a retrial before the Appellate Panel of Section I for War Crimes. On 13 December 2006, the Appellate Panel found Samardžic guilty of persecution as a crime against humanity, including sexual violence, and sentenced to 24 years’ imprisonment.
    Status
    2715
    Case number
    X-KRZ-05/49

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