Appeals Chamber - Nikolić, Dragan - 4 February 2005

For more information: http://icty.org/x/cases/dragan_nikoli...

As the Registrar announced, the case on our agenda is Prosecutor versus Dragan Nikolic. As was stated in the Scheduling Order of 1 February 2005, today's hearing for the delivery of the Judgement is taking place, pursuant to Rule 15bis(A) of the Rules of Procedure and Evidence, in the absence of one of the Judges of the Chamber, Judge Fausto Pocar, who is unavailable due to authorised Tribunal business.

At a plea hearing held on 4 September 2003, Mr. Nikolic pleaded guilty to counts arising out of events that took place at the Sušica Camp near Vlasenica in eastern Bosnia and Herzegovina. Based on a Confidential Joint Plea Agreement Submission filed by the parties, the Trial Chamber entered a single conviction against Mr. Nikolic for Count 1 of the Indictment, persecutions as a crime against humanity. That conviction incorporated Count 2, murder as a crime against humanity; Count 3, rape as a crime against humanity; and Count 4, torture as a crime against humanity. The plea agreement reached by the parties recommended a sentence of 15 years imprisonment; the Chamber sentenced Mr. Nikolic to 23 years imprisonment. Mr. Nikolic appealed, and this Appeals Chamber held a hearing on Mr. Nikolic's appeal on 29 November 2004.

Following the practice of the Tribunal, I will not read out the text of the Judgement except for the disposition. Instead, I will summarise the issues on this appeal and the reasoning and rulings of the Appeals Chamber. I emphasise that this is only a summary, and that it forms no part of the Judgement. The only authoritative account of the Appeals Chamber rulings and of its reasons is the written Judgement, copies of which will be made available to the parties and to the public at the conclusion of this hearing.

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