Judgement - Nikolić, Momir - 2 December 2003





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Uploaded on Nov 16, 2011

For more information: http://www.icty.org/x/cases/nikolic/t...


Mr. Nikolić, a 48 year-old Bosnian Serb, was indicted by the Office of the Prosecutor on 26 March 2002 for crimes including genocide, persecutions and extermination. He was arrested by SFOR on 1 April 2002, and transferred to the Tribunal, where he has remained in detention at the United Nations Detention Unit. Momir Nikolić was jointly charged with three other accused and his trial was scheduled to commence on 6 May 2003.

Before the beginning of trial, the Prosecution and Defence presented the Trial Chamber with a joint motion for consideration of a plea agreement between Momir Nikolić and the Prosecution on 6 May 2003. After two days of plea hearings and an amendment to the plea agreement, the Trial Chamber accepted Momir Nikolić's plea of guilt to one count of crimes against humanity, namely persecutions, punishable under Article 5(h) and Article 7(1) of the Statute, and entered a conviction thereupon.

Pursuant to the Plea Agreement, the Prosecution moved to dismiss the remaining counts and they were subsequently dismissed. Additionally, under the Plea Agreement, Momir Nikolić agreed to testify in other proceedings before the Tribunal, including those trials related to Srebrenica. In September 2003, Mr. Nikolić testified in the trial of his two former co-accused for eight days.

A sentencing hearing was held between 27-29 October 2003, at which seven live witnesses were heard and the testimony of four witnesses was accepted pursuant to Rule 92 bis.

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