Todorović (IT-95-9/1) “Bosanski Šamac”

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Source: Todorović (IT-95-9/1) “Bosanski Šamac”

Trial Judgment: 31 July 2001; Appeal Judgment: 4 July 2004

Stevan Todorović, Chief of Police in Bosanski Šamac, stood trial for allegedly having committed, planned, instigated, ordered, or otherwise aided and abetted in the commission of crimes against non-Serb civilians detained in schools and other improvised detention facilities in Bosanski Šamac, including murder, torture, rape, sexual assault, and severe beatings of detainees. The prosecution accused him of individual criminal responsibility for crimes against humanity for persecution, murder, torture, rape, and inhumane acts; and violations of the laws or customs of war for murder, cruel treatment, and torture.

In 2001, the Trial Chamber accepted Todorović’s guilty plea for crimes against humanity for persecution. In 2004, the Appeals Chamber considered Todorović’s appeal against his sentence, finding that the Trial Chamber erred when it determined that the circumstances of his transfer to ICTY custody did not affect his sentence, as Todorović had been illegally kidnapped and delivered to ICTY custody; the Appeals Chamber found that the Trial Chamber’s error affected the sentence and reduced the sentence to account for the abuse of process involved in the illegal abduction of Todorović in order to preserve the integrity of the ICTY’s proceedings. The Trial Chamber sentenced Todorović to ten years’ imprisonment, which was reduced to nine years by the Appeals Chamber.