Friday, August 11, 2006

Article: Both sides appeal Oric judgment

I posted the original article about the appeal of the Oric verdict a while ago; but this brief article from SENSE news gives more details into the prosecution and defense's appellate arguments.

Some legal questions:
I know there have been instances where the appeals court has reduced a sentence; but has there ever been a situation at the Hague where the appeals court has increased the time a defendant must serve?

Since in this particular case, Oric was sentenced to time served, if the appellete court finds that he should have been sentenced to longer than 2 years would he go to prison?


Article

BTW: SENSE is always a great source for blurbs on the war crimes tribunal; they also include a tv show (in B/C/S) of court highlights.

2 comments:

Owen said...

I've found at least one instance:

Zlatko Aleksovski, "for a period spanning at least from early January 1993 until the end of May 1993, Aleksovski accepted into his custody at the detention facility hundreds of detained Bosnian Muslim civilians. Many detainees under his control were subjected to inhumane treatment, including excessive and cruel interrogation, physical and psychological harm, and forced labour; the detainees were also used as human shields and murdered or otherwise killed."

"GUILTY on the basis of both individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) for violations of the laws or customs of war (Article 3 - outrages upon the personal dignity).

Sentence:
two years' and six months' imprisonment."

"On 24 March 2000, the Appeals Chamber rendered its written Judgement(see Judicial Supplement No. 13). The Appeals Chamber denied the Accused's four grounds of appeal against his conviction, allowed the Prosecution's two grounds of appeal against the Judgement and allowed the Prosecution's third appeal against the sentence. Aleksovski was sentenced to seven years' imprisonment."

http://www.un.org/icty/glance/aleksovski.htm

Shaina said...

Thanks so much for finding that example for me.