Case number, IT/1-T. Decision title, Judgment. Decision date, 10 December Parties. The Prosecutor; Anto Furundžija. Categories, War crimes. Trial Chamber II found Furundžija guilty of torture and outrages upon personal The events giving rise to the case against Furundžija have occurred at the. Anto Furundzija (Trial Judgement) , available at: cases,ICTY, [accessed 27 December ].

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Accordingly, the Trial Chamber determined that 11 months and 22 days will be deducted from the sentence today imposed on Furundzija, together with such additional time as he may serve pending the determination of any final appeal.

It found that there furkndzija a general trend in national furundzijaa to broaden the definition of rape so that it now embraces acts which were previously classified as comparatively less serious offences, such as sexual or indecent assault.

The Prosecutor v. Anto Furundžija

The Federal Criminal Court of Santiago del Estero convicted the perpetrators of crimes against the civilian population of Santiago del Estero Province between andmost of whom were high-ranking members of the Provincial Police. The wars mostly ended after peace accords were signed, and new republics were given full international recognition of their statehood.

The latter was furuundzija in the nude in front of around forty soldiers with one of them threatening her with genital mutilation if she did not tell the truth. The accused furthermore stood by, failing to intervene in any way, while the witness was forced to have oral, anal and vaginal sexual intercourse with the other soldier.

An appeal against this sentence was rejected. During the questioning, Witness A had a knife rubbed against her inner thigh and lower stomach by the other soldier, who threatened to put his knife inside her vagina should she not tell the truth.

The judgement furthermore provides a definition of torture under international humanitarian law. Related Content Trial Watch. By continuing to browse the site, you agree to our use of cookies. Octavien Ngenzi was born in in Rwanda. The Tribunal however found that this did not affect the realiability of the testimony of the witness. Furthermore, the Chamber is determined that an accused who, under this standard would be liable for aiding and abetting torture, is responsible as a co-perpetrator of torture, if he or she participates in an integral part of the torture and partakes of the prohibited purpose behind the torture, i.

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Mr Furundzija was a local commander of a special unit of military police of the Croatian Defence Council HVO known as the “Jokers”, in which capacity he, and another soldier, interrogated Witness A. The Tribunal has concurrent jurisdiction with national courts. Following a request by the Finnish government, he was given early release on 17 August He appeared before the ICTY for the first time on 19 December and pleaded not guilty to the two counts with which he was charged.

Ricardo Miguel Cavallo According to the summary, as read out in court, the Trial Chamber found the elements of the offence of torture to be as follows: The trial chamber was also satisfied that all the elements of rape were met and found that the accused inflicted outrages upon her personal dignity and sexual integrity, for the severe physical and mental pain, along with public humiliation.

The accused was arrested on 18 December by members of the multinational stabilisation force SFORacting on a warrant for arrest issued by the International Tribunal.

Refworld | Prosecutor v. Anto Furundzija (Trial Judgement)

The First Trial Chamber judged that the crime of torture gave rise to the application of the principle of universal jurisdiction and thereby constituted a crime which in international law, was probably imprescriptible. After outlining some previous treaties such as the Leiber Code, the Tribunal held that the prohibition against torture is a general rule of international law. It would seem that other consequences include the furundziua that torture may not be covered by a statute of limitations, and must not be excluded from extradition under any political offence exemption.

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The accused, Mr Anto Furundzija was charged on 10 November with three individual counts of a torture and inhumane treatment; b torture; and c outrages upon personal dignity including rape, violating the laws or customs of acse, committed during furnudzija armed conflict in the former Yugoslavia between the armed forces of the Durundzija of the Republic of Bosnia and Herzegovina and the armed forces of the Croatian Community of Herzeg- Bosna.

The Tribunal also stressed that in international humanitarian law, depending on the specific circumstances of the case, torture may be prosecuted as a category of such broad international crimes as serious violations of humanitarian law, grave breaches of the Geneva Conventions, crimes against humanity or genocide.

The man had been badly beaten beforehand. The conflict is considered to consist of several separate conflicts, which were ethnic in nature — the war in Sloveniathe war in Croatiathe war in Bosnia and Herzegovina and the war Kosovowhich also involved the NATO fjrundzija of Yugoslavia in The opening of the Special Chamber was on 9 March Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty.

Anto Furundzija

Exclusively for the use of the media. On furundzia Julythe Appeals Chamber confirmed the initial sentence. Indeed, it would be inconsistent on the one hand to prohibit torture to such an extent as to restrict the normally unfettered treaty making power of sovereign States, and on the other hand bar States from prosecuting and punishing those torturers who have engaged in this odious practice abroad.

She was detained and interrogated about a list of Croatian names and the activities of her sons.