30 January 2004
Trial of Momcilo Krajisnik to Begin February 3
Former Bosnian Serb leader charged with genocide in Bosnia and Herzegovina
The International Criminal Tribunal for the former Yugoslavia (ICTY) has
announced that the trial of Momcilo Krajisnik, a former Bosnian Serb political
leader, will begin February 3, 2004, in The Hague.
Krajisni, who has been in custody since April 2000, is charged with genocide,
crimes against humanity and other war crimes allegedly committed against
Bosnian Muslims and Croats in Bosnia and Herzegovina in 1991 and 1992.
By virtue of his political leadership, Krajisnik "had de facto control
and authority over the Bosnian Serb forces and Bosnian Serb political and
governmental organs and their agents, who participated in the crimes alleged
in the Indictment," the ICTY charges.
In October 2002, Biljana Plavsic, former president of the Republika Srpska,
pleaded guilty to one count of crimes against humanity (persecutions on political,
racial and religious grounds). Last February she was sentenced to 11 years'
imprisonment.
(begin text)
International Criminal Tribunal for the former Yugoslavia
The Hague
30 January 2004
Press Release
THE TRIAL OF MOMCILO KRAJISNIK TO COMMENCE ON TUESDAY 3 FEBRUARY 2004
On 29 January 2004, Trial Chamber I consisting of Judges Alphons Orie, (Presiding),
Amin El-Mahdi and Joaquín Martín Canivell issued an order confirming that
the trial of Momcilo Krajisnik will commence on Tuesday 3 February 2004 at
3.15 p.m. in Courtroom I.
The Trial Chamber further ordered that the pre-trial conference should be
held at 2.15 p.m. the same day, also in Courtroom I.
Background on the Trial:
The amended consolidated Indictment, submitted on 7 March 2002 pursuant
to the Decision of the Trial Chamber dated 4 March 2002, generally alleges
that, between 1 July 1991 and 30 December 1992, Momcilo Krajisnik, Biljana
Plavsic and others, including Slobodan Milosevic, Zeljko Ra`natovic aka "Arkan",
Radovan Karad`ic and Ratko Mladic, participated in a Joint Criminal Enterprise,
in which they planned, instigated, ordered, committed or otherwise aided
and abetted the planning, preparation or execution of the partial destruction
of the Bosnian Muslim and Bosnian Croatian national, ethnical racial or religious
groups, in the territories within Bosnia and Herzegovina. The objective of
the Joint Criminal Enterprise was primarily achieved through a manifest pattern
of persecutions as alleged in the Indictment.
According to the Indictment the destruction of these groups was effected
by:
- "the widespread killing of Bosnian Muslims and Bosnian Croats, including
leading members of their communities, which took place during and after the
attack on towns and villages in the Municipalities and the killing of Bosnian
Muslims and Bosnian Croats related to detention facilities",
- "the causing of serious bodily or mental harm to Bosnian Muslims
and Bosnian Croats, including leading members of their communities, during
their confinement in detention facilities",
- "the detention of Bosnian Muslims and Bosnian Croats, including leading
members of their communities, in detention facilities under conditions of
life calculated to bring about their physical destruction, namely through
cruel and inhuman treatment, including torture, physical and psychological
abuse and sexual violence, inhumane living conditions, forced labour and
the failure to provide adequate accommodation, shelter, food, water, medical
care or hygienic sanitation facilities".
It is alleged that Momcilo Krajišnik held a prominent position in the Bosnian
Serb leadership. He was a member of the National Security Council, the Expanded
Presidency of the "Serbian Republic of Bosnia and Herzegovina",
the Main Board of the Serbian Democratic Party of Bosnia and Herzegovina
("SDS") and the Bosnian Serb Assembly, of which he was also President.
By virtue of those associations, positions and memberships, he had de facto
control and authority over the Bosnian Serb forces and Bosnian Serb political
and governmental organs and their agents, who participated in the crimes
alleged in the Indictment.
Charges
The Indictment charges the Accused on the basis of individual criminal responsibility
(Article 7(1) of the Statute) and superior criminal responsibility (Article
7(3) of the Statute) with:
- Two counts of genocide (Article 4 of the Statute - genocide; and/or, complicity
to commit genocide),
- Five counts of crimes against humanity (Article 5 of the Statute - persecutions
on political, racial and religious grounds; extermination; murder; deportation;
inhumane acts),
- One count of violations of the laws or customs of war (Article 3 of the
Statute - murder).
On 2 October 2002, co-accused Biljana Plavsic pleaded guilty to one count
of persecutions on political, racial and religious grounds, a crime against
humanity. Following this, on 25 November 2002, the Trial Chamber ordered
that the trial of Momcilo Krajisnik be severed from the sentencing proceedings
for Biljana Plavsic. On 27 February 2003, she was sentenced to 11 years'
imprisonment.
The start of the trial of Momcilo Krajisnik was previously scheduled to
commence on Monday 12 May 2003, but was postponed due to the Tribunal's withdrawal
of his lead Defence Counsel, Mr. Deyan R. Brashich, following his temporary
suspension from his bar association in the United States.
(end text)
(Distributed by the Bureau of International Information Programs, U.S. Department
of State. Web site: http://usinfo.state.gov)
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