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) - Zeljko Lelek

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Cigarette Burns Female Genital Cutting Genitalia Accomplice Psychological Impact

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1048
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zeljko Lelek
    Charges
    Lelek was charged on 16 November 2006 (confirmed on 20 November 2006) with persecution as a crime against humanity, including rape (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility) of the Criminal Code of BiH, for committing rape and other crimes in the area of the Višegrad Municipality against the Bosniak civilian population of the Višegrad Municipality in the period between April and June 1992. According to the indictment, in this period, together with Milan Lukic, Lelek raped a female person, who had been stripped naked and tied to the metal bed frame by an unidentified soldier, on orders from Milan Lukic. Lelek and Lukic allegedly abused the woman physically by putting out cigarettes on her body, stabbing her with a knife and cutting her in the genital area, while subjecting her to psychological abuse. The indictment further alleges that the Accused and others raped this person on daily basis over a period of ten days during which she was held captive. During the month of June 1992, the Accused allegedly raped several other women who were held in unlawful captivity.
    Trial chamber verdict
    On 23 May 2008, the Court handed down its first-instance verdict finding Lelek guilty of persecution as a crime against humanity, including rape. Lelek was found guilty of using force to coerce Bosniak women to sexual intercourse and other forms of severe sexual violence. Lelek was, however, acquitted of the charges that he, on an unspecified date in the summer of 1992, in a group with Mitar Vasiljevic and three other unidentified men, raped two Bosniak women in the Vilina vlas spa in April and June 1992 because based on the evidence adduced before the Court it could not be established that Lelek committed the crimes in question.
    sentencing
    Lelek was sentenced to 16 years’ imprisonment after the Appellate Panel revised his sentence.
    Appeals chamber verdict
    On 12 January 2009 the Appellate Panel modified the first-instance verdict in its sentencing part. Lelek was subsequently sentenced to 16 years’ imprisonment. The conviction was upheld.
    Status
    2715
    Case number
    (X-KRŽ-06/202)

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