A convicted war criminal, as per Case No. IT-00/39&40 / 1-S, Biljana Plavsic ought not be granted an early parole for her 11-years’ imprisonment. The following are transcripts from Court Documents in sentencing Biljana Plavsic: The Gravity of the Crime The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, described her crime as “a crime of utmost gravity, involving as it does a campaign of ethnic separation which resulted in the death of thousands and the expulsion of thousands more in circumstances of great brutality”, as illustrated by:” the massive scope and extent of the persecutions; the numbers killed, deported and forcibly expelled; the grossly inhuman treatments of detainees; and the scope of the wanton destruction of property and religious buildings”. Aggravating Circumstances The Prosecution identified three aggravating factors: the leadership position of the Accused11; the vulnerability of the victims; the depravity of the crimes to which the victims were subjected. Mitigating Factors in Sentencing - Age. Age: the Trial Chamber considers as a mitigating factor the advanced age of the Accused for two reasons. First, physical deterioration associated with advanced years makes serving the same sentence harder for an older accused. Second, an offender of advanced years may have little worthwhile life left upon release. Determination of Sentence The Trial Chamber held that life expectancy is irrelevant and considered that a sentence of eight years’ imprisonment “would fail to meet the gravity of this offence”.[34] It concluded that “no sentence which the Trial Chamber passes can fully reflect the horror of what occurred or the terrible impact on thousands of victims” and sentenced Biljana Plavsic to 11 years’ imprisonment.[35] Serbian war crimes: Biljana Plavsic, Radovan Karadzic and Ratko Mladic Sweden is a member of the United Nations Organization and as such is obligated to accept and enforce the Decisions of the International Criminal Tribunal for the former Yugoslavia, which is the legal arm of the United Nations. That Tribunal rendered the verdict and sentenced the convicted war criminal Biljana Plavsic to 11-years’ imprisonment. Her age was considered, as evidenced above, within the Mitigating Factors in Sentencing, and in Determination of Sentence, and thus was incorporated in the Sentence. It would, therefore, be an egregious error for the Government of Sweden to alter the Sentence of the Tribunal. That would also be seen as inconsistent with international norms and practices in that a government of a member of the United Nations Organization would deny the legal arm of the United Nation its judicial independence. I/we strongly appeal to the Government of Sweden to see to it that the Sentence of 11-years’ imprisonment of the convicted war criminal Biljana Plavsic be duly completed in its entirety.
Prikaži sve komentare (27)