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) - Momcilo Gruban (“Mejakic et al.”)

    Year
    2009
    Issues
    Modes of Liability Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Mitigating Circumstances Rape Sexual Abuse Joint Criminal Enterprise (JCE)

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1063
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Momcilo Gruban
    Charges
    Gruban was indicted on 14 July 2006 (indictment confirmed) for charges of crimes against humanity, including sexual violence. (Article 172(g) of the Criminal Code of BiH), under Articles 29 (accomplice) and 180(1) and (2) (individual and command responsibility) of CC BiH. Gruban participated in abuses and persecutions committed during the period from 30 April to the end of 1992 against the non-Serbs in the territory of the Prijedor municipality; about 7000 non-Serb civilians were subjected to capturing, taking to and arbitrary confinement at the Omarska and Keraterm camps, as part of the plan of permanent removal of the non-Serbs.
    Trial chamber verdict
    On 30 May 2008, the Trial Panel found Gruban guilty of crimes against humanity, including sexual violence (rape and other forms of sexual abuse), under Article 180(1) and (2), for: “rape and other forms of sexual abuse of detainees directly or personally committed by persons outside of the shift that was under Momcilo Gruban’s command but in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K027 who was sexually assaulted by the shift Commander Mlado Radic and on another occasion in July 1992 by Nedeljko Grabovac, witness K019, who was raped on numerous occasions by camp guards and witness K040 who was sexually abused twice by camp guard Lugar.” All related to events in the Omarska camp.
    sentencing
    Gruban was sentenced to 11 years’ imprisonment which was reduced to 7 years on appeal.
    Appeals chamber verdict
    On 16 February 2009, Gruban’s conviction was upheld on appeal. However, the mode of liability was changed from Article 180(1) and (2) to liability on the grounds of JCE. Gruban’s sentence was, however, reduced as the Appellate Panel found that the Trial Panel had not properly taken into consideration the mitigating factors in his case, namely that Gruban had in several instances helped detained people in order to at least alleviate their suffering. Gruban’s sentence was therefore reduced to 7 years’ imprisonment.
    Status
    2715
    Case number
    X-KRZ-06/200

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