Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Damir Brekalo

    Year
    2011
    Issues
    Sexual Violence against Children Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Sentencing Rape, Physical and Mental Harm Rape HVO Soldiers Accomplice Aiding and Abetting Bosnian Muslim Population

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1199
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Damir Brekalo
    Charges
    Brekalo was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH, for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
    Trial chamber verdict
    On 20 February 2009, the Court pronounced the first-instance verdict finding the Brekalo guilty of crimes against humanity, including rape. Brekalo was sentenced to 20 years’ imprisonment.
    sentencing
    Brekalo was sentenced to 20 years’ imprisonment.
    Appeals chamber verdict
    Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010.On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Brekalo guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH.
    Status
    2715
    Case number
    KT-RZ 200/06 (Court Number X-KRN-06/300)

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Predrag Kujundzic

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    Bosnia Herzegovina
    Keywords
    Sexual Slavery Sexual Threats Rape, Physical and Mental Harm Sexual Violence, Persecution Sexual Abuse Rape/Sexual Violence in Detention Rape, Mistreatment

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1042
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Predrag Kujundzic
    Charges
    Kujundzic was charged on 3 January 2008 (indictment confirmed) with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 180(1) and (2) (individual and command criminal responsibility) of the Criminal Code of BiH, during the period from spring 1992 until autumn 1993, directed against the non-Serb population of the Doboj municipality for coercing sexual slavery and rape of the non-Serb civilian population.
    Trial chamber verdict
    On 30 October 2009, the Trial Panel delivered the first-instance verdict by which Kujundzic was found guilty of persecution as a crime against humanity, including sexual violence under individual criminal responsibility. The Trial Panel held that on an unidentified day in June 1992, armed and accompanied by 4-5 members of his unit, Kujundzic came to the house of a certain woman and then raped her daughter who was underage at that time, and at the same time he incited one soldier to rape her mother. On the same day, at the same place, after he raped the minor female person, he told her that as of that day she would comply with all that he requested from her, or otherwise he would kill her mother and her younger sister. Thus during the period from June to December 1992, he forced her into sexual slavery, because by the use of force and threats he established the exclusive right to dispose of her, the control over her movement, the mental control and the control of her sexuality, by way of requesting her to do all that he ordered her. Using that position, he forced her once to read a statement at the Radio Doboj in which it was stated that Muslims were guilty of the war, that Muslims had killed her brother, and that she was inviting them to convert to Christianity. He ordered her to wear a chain with a cross pendant around her neck and to wear the Serb army camouflage uniform and a red beret on her head; he changed her Muslim name into a Serb name without any consent of hers or her parents, he acquired for her the identification documents in the Serb name, and requested her to always introduce herself by her Serb name. On 28 January 2011, the Court dispatched a second-instance verdict and found Kujundzic guilty of persecution as a crime against humanity, including sexual violence under individual criminal responsibility.
    sentencing
    Kujundzic was sentenced to 22 years’ imprisonment for the first instance verdict. He was also sentenced to 17 years’ imprisonment for the second instance charges (for some other charges, he was found not guilty and therefore the sentence was lowered).
    Status
    2715
    Case number
    X-KRŽ-07/442

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