Bosnia cuts two war crimes sentences

The sentences of two Bosnian brothers for war crimes have been reduced following a landmark ruling.

Two brothers who fought in the Bosnian Serb army had their sentences for war crimes reduced by a Sarajevo court, following a landmark European ruling.

Goran Damjanovic was in 2007 sentenced to 11 years in jail and his brother Zoran to 10-and-a-half years for having participated in the torture of Muslims and Croats.

But their retrial saw Goran's sentence reduced to six-and-a-half years and his sibling to six years, Bosnian war crimes court judge Enida Hadziomerovic said on Friday while reading the verdict.

The pair were released in October when their original verdicts were annulled.

The retrial was held because the European Court of Human Rights (ECHR) in July ruled in favour of Goran, who successfully argued he had been tried under the wrong criminal code.

Damjanovic argued that he should have been judged under the 1976 penal code that was in force when the crimes were committed, instead of being subjected to a stricter 2003 law that punishes war crimes with jail terms ranging from 10 to 45 years.

Under the previous criminal code, sentences ranged from five to 15 years, or capital punishment.

Since Bosnia no longer applies the death penalty, 15 years is the maximum punishment.

Hundreds of convicted Bosnian war criminals could benefit from the new rules, in a move that has outraged survivors of Bosnia's 1992-1995 bloody inter-ethnic war.

Twelve war criminals have already been released since October, six of whom were found guilty of genocide for their role in the massacre of some 8000 Muslim men and boys at Srebrenica, the worst atrocity on European soil since World War II.

As a result of the ECHR ruling, Bosnia's war crimes court is now obliged to hold retrials applying the less stringent previous criminal code, using a shortened legal procedure. Ten other verdicts have already been quashed.


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Source: AAP



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