DATE=7/21/2000
TYPE=CORRESPONDENT REPORT
TITLE=YUGO WAR CRIMES (L-ONLY)
NUMBER=2-264660
BYLINE=LAUREN COMITEAU
DATELINE=THE HAGUE
CONTENT=
VOICED AT:
INTRO: A Bosnian Croat who was sentenced to 10 years
in prison for failing to prevent a rape has lost an
appeal to the Yugoslav War Crimes Tribunal. (An
appeals panel rejected all defense claims that the
original trial was unfair, that the judge was biased
and that the sentence was too severe.) Today's
(Friday's) decision confirms the original verdict -
the first time an international court has dealt with
rape as a war crime. Lauren Comiteau reports from The
Hague.
TEXT: It took barely 15 minutes for appeals judge
Mohamed Shahabuddeen to read his chamber's final
decision in the case against Bosnian Croat Anto
Furundzija.
/// SHAHABUDDEEN ACT ///
The appeals chamber unanimously rejects each
ground of appeal, dismisses the appeal, and
affirms the convictions and sentences.
/// END ACT ///
Furundzija was convicted on two charges of war crimes,
including torture, in December of 1998, for standing
by and doing nothing as a woman he was interrogating
was raped.
That crime took place seven years ago, when Furundzija
was commander of "the jokers" -- a special unit within
the Bosnian Croat army.
Although the alleged rapist is not in custody,
Furundzija was sentenced to 10 years' in prison for
failing to stop his subordinate from sexually abusing
the woman, who is identified only as "witness A."
His defense lawyer argued that the sentence was too
harsh and that, at a minimum, it should be reduced.
He also wanted the convictions overturned, saying his
client was denied a fair trial, in part because one of
the trial judges failed to disclose her involvement in
an earlier campaign to get rape prosecuted as a war
crime.
Appeals judges dismissed that argument, leaving
defense lawyer Luka Misetic looking angry but saying
little.
/// MISETIC / COMITEAU ACT ///
MISETIC: My mother told me if I have nothing good to
say, don't say anything at all. So, I'm
just going to keep my mouth shut.
COMITEAU: So you are disappointed?
MISETIC: That, I think, goes without saying.
/// END ACT ///
On the other side, prosecutors said they are pleased.
Deputy Prosecutor Graham Bluwitt called the decision a
significant one, which he says shows his office is on
target when it comes to prosecuting rape.
/// BLUWITT ACT ///
This case, of course, was the first case involving
rape that has been committed in war. It was also the
case that established that rape can constitute
torture, as well as outrages against personal dignity
as a war crime.
/// END ACT ///
Mr. Bluwitt says the decision also is important
because it confirms that people in positions of
authority will be accountable for the actions of their
subordinates.
This is the end of the legal road for Anto Furundzija.
In serving his 10-year sentence, he will get credit
for the nearly three years he has already been in
custody. (Signed)
NEB/LC/JWH/WTW
21-Jul-2000 12:36 PM EDT (21-Jul-2000 1636 UTC)
NNNN
Source: Voice of America
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