War Crimes Tribunal Clears Bosnian Croat
01:55 PM EST - July 29, 2004
The Associated Press
THE HAGUE, Netherlands
A U.N. war crimes tribunal Thursday ordered a Bosnian Croat
commander's early release from prison after clearing him of
responsibility in a 1993 massacre, a decision that could make it
harder to convict high-ranking officials accused of masterminding
ethnic violence in the Balkans.
Overturning a ruling by a lower chamber, the five-member panel of
judges dismissed 16 of 19 war crimes charges against Gen. Thiomir
Blaskic, exonerating the 43-year-old of ordering ethnic bloodshed in
Bosnia. The judges upheld lesser charges of illegal detainment and
inhumane treatment of Muslim prisoners. His sentence was reduced from
45 to nine years.
A summary of the 300-page ruling read out in court found that
prosecutors failed to prove beyond a reasonable doubt that Blaskic
planned or even knew about war crimes being committed by his forces.
The appeals chamber also said that it had taken into account Blaskic's
good behavior, clear prior record, poor health, voluntary surrender
and his young children.
"The trial chamber also erred in failing to consider the appellant's
real and sincere remorse," the ruling said.
Tribunal President Theodor Meron ordered Blaskic be set free on
Monday, accepting his request for early release after serving more
than eight years in prison.
The judges cleared Blaskic of responsibility for the infamous 1993
Ahmici massacre of more than 100 Bosnian Muslims, including 32 women
and 11 children, as well as a series of attacks in central Bosnia
during the 1992-95 war.
Residents of the mostly Muslim village gathered in the main square
Thursday and expressed disbelief at the judgment.
"I am shocked and bitter. This is a farce," said 46-year-old Hasrudin
Bilic.
In the nearby town of Vitez, which is mostly ethnic Croat, there was
jubilation. "I am thrilled. He was innocent and now the world has
acknowledged it," said 55-year-old Stipe Blaz.
Judith Armatta of the Washington-based Coalition for International
Justice called the ruling shocking and said "it will have a much
broader affect" on cases at the tribunal, making it harder to link
crimes to officials in positions of authority.
The ruling could help the cases of other Bosnian Croats, including
Dario Kordic and Mario Cerkez, who were found guilty of coordinating
ethnic violence in central Bosnia and who are appealing their
convictions.
It was unclear how the decision would affect the case of former
Yugoslav President Slobodan Milosevic, on trial at the tribunal for
genocide and other charges.
During Blaskic's command of Bosnian Croat forces fighting Bosnian
Muslims, the court said that efforts had been made to deter crimes and
that his alleged criminal role in Ahmici had not been proven.
The court, formally known as the International Criminal Tribunal for
the former Yugoslavia, was established a decade ago to prosecute the
most senior perpetrators of war crimes during the breakup of the
former communist country.
Some 50 suspects have gone on trial, and eight have already served
their sentences. The court, which has no death penalty, has issued one
life sentence.
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