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De Perlinghi Alexandre - 16 novembre 1998
3 Convicted of Crimes Against Serbs

By MIKE CORDER Associated Press Writer

THE HAGUE, Netherlands (AP) -- A U.N. tribunal today convicted three men of war

crimes against Bosnian Serb prisoners in 1992 but acquitted their top commander in its

first case to focus on anti-Serb atrocities.

The Yugoslav war crimes tribunal convicted a Bosnian Croat and two Muslims for the

murder, torture and rape of Serb prisoners at the Celebici camp in central Bosnia in

1992. It was the first time the tribunal handed down a war crimes conviction for rape.

However, the three-judge panel cleared Zejnil Delalic, a Muslim, of responsibility for

war crimes committed against Serb captives at the Bosnian government-run prison

camp under his overall command.

Prosecutor Grant Niemann of Australia said he would appeal Delalic's acquittal. Judges

freed Delalic pending the appeal's outcome.

``Let me thank you for a just and fair judgment,'' Delalic told the court. ``I think it is a

very wise judgment and a very courageous one ... the judgment has even increased my

trust in this institution.''

The tribunal convicted camp commander Zdravko Mucic, a Croat, of 11 war crimes

and grave breaches of the Geneva Conventions because he oversaw guards who

murdered nine Serbs and tortured six. Mucic, wearing dark sunglasses and a cross on a

chain around his neck, smiled as he heard his sentence of seven years in prison.

His conviction was the first by an international court on the basis of ``command

responsibility'' since post-World War II tribunals convicted Nazi and Japanese superiors

for the crimes of their subordinates.

``Mr. Mucic was clearly derelict in his duty and allowed those under his authority to

commit the most heinous of offenses, without taking any disciplinary action,'' said

presiding Judge Adolphus Karibi-Whyte of Nigeria.

Despite the conviction, Tribunal Deputy Prosecutor Graham Blewitt of Australia said

he was considering appealing what he called Mucic's ``inadequate'' sentence.

Hazim Delic, a Muslim who served as Mucic's deputy, was found guilty of murdering

two people, raping two women and torturing other inmates. He was sentenced to 20

years by Karibi-Whyte, who denounced rape as ``a despicable act, which strikes at the

very core of human dignity.'' Delic's defense attorney, Tom Moran of Texas, said he

would likely appeal.

Esad Landzo, a Muslim guard, was convicted of three murders and the torture of at

least three other inmates. He was sentenced to 15 years. His attorneys also were likely

to appeal.

All four defendants had faced up to life imprisonment, the maximum punishment at the

tribunal, which has no death penalty.

A charge against Delic and Mucic of plundering property was dismissed by the

three-judge panel. Mucic also was cleared of responsibility for four murders and three

cases of mistreatment or torture of prisoners. Delic was cleared of two murders, three

cases of torture and of command responsibility for other killings and torture at Celebici.

Today's verdicts ended a 20-month trial that focused on the brutal mistreatment of the

Bosnian Serbs, themselves blamed for the vast majority of the conflict's war crimes.

During the trial, the tribunal's longest to date, survivors described the campaign of

terror unleashed against Serbs in the area.

Inmates at the Celebici prison camp were beaten to death by guards wielding baseball

bats, wooden planks and rifle butts, according to testimony. Others were set on fire,

raped and forced to commit sexual acts with members of their own family.

The 49-page indictment said at least 14 prisoners were killed in 1992. One prisoner was

beaten to death and had a Muslim party badge nailed to his head, a witness claimed.

Yet a few witnesses also praised Delalic and Mucic for humanitarian gestures such as

getting food and clothing to them.

The tribunal, set up by the Security Council in 1993, has convicted only one other

person following a trial: Bosnian Serb Dusan Tadic, who was sentenced to 20 years for

killing and torturing Muslims in 1992. Two other men have confessed to killing

Muslims, giving the tribunal two more convictions.

AP-NY-11-16-98 1234EST

 
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