FURUNDZIJA CASE PDF

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 ].

Its headquarters are in The Hague, Netherlands.

ICD – Furundžija – Asser Institute

For such an act to constitute torture, one of the parties thereto must be a public official or must, at any rate, act in a non-private capacity, e. The Tribunal also made the factual finding that the accused was the commander of the unit the boss and that he was an active combatant participating in expelling muslims from their homes.

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

The Court noted that rape could be employed, in the course of detention and interrogation as a means of torture and, therefore it constituted a violation of international law. During the interrogation, furundzijw was maintained in a state of forced nudity and obliged to submit to several sexual attacks: Based on the above reasoning, the chamber found that the elements of torture had been met and found that the accused was a co-perpetrator of torture as a war crime count National courts also have jurisdiction to prosecute alleged perpetrators of serious violations of international humanitarian law.

It was created to detect and prosecute perpetrators of criminal offenses against humanity and international law, and offences recognised by the Caes Statute, regardless of the nationality, citizenship, race or religion of the perpetrator and the victim, as long as the acts were committed on the territory of former Yugoslavia after 1 January In the night of 14 SeptemberHe appeared before the ICTY for the first time on 19 December and pleaded not guilty to the two counts with which he was charged.

Torture in International Humanitarian law The Tribunal noted that the prohibition of torture was clearly provided for by the Geneva Conventions and its additional protocols. Ibrahim Al F and more than men under his command allegedly controlled a district in north Not an official document.

After spelling out the elements of torture in international humanitarian law, the Tribunal stated that one of the possible purposes of dase could also be the humilitation of the victim.

It also noted that in human rights law, the protection of physical integrity protects against rape and sexual abuse.

He received training at the Fr In the former Yugoslavia, the trials of those accused of war crimes have been opened by the courts of Bosnia and Herzegovina. Cookies allow us to improve our services. It found that although he had not perpetrated the rapes and sexual violence himself, he was party to it at all times, given that he and the soldier carried out different roles during the interrogation.

Furundžija (IT/1) | International Criminal Tribunal for the former Yugoslavia

The man had been badly beaten beforehand. According to the summary, as read out in court, the Trial Chamber found the elements of the offence of torture to be as follows: Ibrahim Al F Octavien Ngenzi was born in in Rwanda. 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 furuhdzija, and another soldier, interrogated Witness A. 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.

These panels work in collaboration with the ICTY. According to the summary of the judgement, the Trial Chamber found that under international criminal law the offence of rape comprises the following elements: The latter was questioned 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. Furindzija 22 SeptemberAnto Furundzija was transferred to Finland to serve out the remainder of his sentence.

Anto Furundzija

He was found guilty of aiding and abetting under Count 14 for the violation of the laws or customs furundija war outrages upon person dignity including rape.

The Judgement of the Trial Chamber.

Democratic Republic of the Congo. The primacy can be asserted in three cases: On 21 Julythe Appeals Chamber confirmed the initial sentence.