Radoslav Brđanin

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Radoslav Brđanin
FPR Yugoslavia
Died7 September 2022(2022-09-07) (aged 74)
Conviction(s)Crimes against humanity
Criminal penalty30 years
Date apprehended
6 July 1999
Imprisoned atDenmark

Radoslav Brđanin (9 February 1948 – 7 September 2022) was a

International Criminal Tribunal for the Former Yugoslavia for crimes committed during the Bosnian War. The sentence, which he served in Denmark
, was reduced by two years on appeal in 2008.

Early life

He was born on 9 February 1948 in

1974 Yugoslavian Constitution.[clarification needed] The Municipal Assembly of Bosanska Krajina, based in Banja Luka, was created in April and May 1991. Brđanin was its first vice-president.[1]

War crimes

On 9 January 1992, the

Bosnian Bosniaks and Croats.[citation needed
]

Crises groups were formed to act as organs of coordination and execution of the main elements of the operational phase of the plan and to take over the administration of the regions and the municipalities. The

Autonomous Region of Krajina (ARK) Crisis Staff was set up on 5 May 1992 with Brdjanin as its President. Brđanin played a role of the first order in the campaign to create an ethnically pure Serb State. His position enabled him to facilitate the ethnic cleansing by putting all of the instruments of State power (media, central administration, housing authority, health service, police, legal system, means of production and employment) in the hands of the governing bodies and those persons committed to an ethnically pure Serb State. He purportedly signed the decisions and orders of the Crisis Staff of the ARK, which in turn instructed and compelled the municipal Crisis Staffs into taking action. Certain members of these cells participated directly in carrying out the alleged crimes: persecutions, deportations, murders, torture, destruction.[2]

Brđanin was arrested by the

Judgment and conviction

Brđanin made an initial appearance before the

ICTY was satisfied beyond reasonable doubt that during the period covered in the Indictment and already before then, Brđanin was a leading political figure in the ARK and held key positions. He played a significant political role on all three levels of the Bosnian Serb leadership: municipal, regional and republic.[4]

The Trial Chamber was satisfied that Brđanin shared with the Bosnian Serb leadership support for the Strategic Plan, intended to link Serb-populated areas in BiH together, to gain control over these areas and to create a separate Bosnian Serb state, from which most non-Serbs would be permanently removed. The ICTY highlighted that he knew the Strategic Plan could only be implemented by the use of force and fear.[4]

On 1 September 2004, Brđanin was sentenced by the Trial Chamber of the ICTY to 32 years imprisonment. The Tribunal found him guilty of the following counts on the grounds of his individual criminal responsibility (Art. 7 § 1 Statute):

  1. Crimes against humanity (Art. 5 Statute: torture, deportation and forced transfer considered as an inhumane act)
  2. Serious breaches of the
    Geneva Conventions
    of 1949 (Art 2 Statute: wilful killing torture)
  3. Violations of the laws or customs of war (Art 3 Statute: wanton destruction of cities, towns and villages or devastation not justified by military necessity; destruction or willful damage done to institutions dedicated to religion.)

On 22 September 2004, Brđanin filed an appeal against this judgement. On 3 April 2007, the Appeals Chamber reversed the finding of the Trial Chamber that Brđanin's conduct had a substantial effect on the commission of torture in detention camps on grounds of lack of evidence. The Appeals Chamber also reversed Brđanin's conviction for wanton destruction of cities, towns or villages, or devastation not justified by military necessity to the extent that this conviction relates to the municipality of Bosanska Krupa. In light of the reduction of convictions, the Appeals Chamber reduced Brđanin's sentence by two years. He was transferred to Denmark on 4 March 2008 to serve his sentence.[3]

Release from prison and death

Brđanin’s application for early release was rejected in 2020 based on the seriousness of his offences and due to his failure to demonstrate that he was sufficiently rehabilitated.[5] Upon serving two-thirds of his 30-year prison sentence, Brđanin was released early on health grounds on 3 September 2022.[6] A few days after his arrival in Banja Luka, Brđanin was admitted to the intensive care of the University Clinical Centre in Banja Luka due to a deteriorating general state of health.[7] He died on 7 September 2022.[8]

RS President

Radovan Viskovic sent a telegram of condolence to Brdjanin family. Dodik wrote that "with Brdjanin’s death we have lost a true patriot who sacrificed a large part of his life for freedom and existence of the Serb people in this region".[9]

References

  1. ^ Profile Archived 17 June 2008 at the Wayback Machine, trial-ch.org; accessed 27 June 2015.
  2. ^ Profile, icty.org; accessed 27 June 2015.
  3. ^ a b Profile Archived 17 June 2008 at the Wayback Machine, trial-ch.org; accessed 29 April 2015.
  4. ^ a b Brdjanin judgement, International Criminal Tribunal for the Former Yugoslavia; accessed 29 April 2015.
  5. ^ "Bosnian Serb War Criminal Radoslav Brdjanin Released Early". Balkan Insight. 5 September 2022. Retrieved 6 September 2022.
  6. ^ "Osuđeni ratni zločinac Radoslav Brđanin smješten na UKC RS, u teškom je stanju". N1 (in Bosnian). 4 September 2022. Retrieved 6 September 2022.
  7. ^ "Ratni zločinac Radoslav Brđanin životno ugrožen, liječi se u Banjoj Luci". www.klix.ba (in Bosnian). Retrieved 6 September 2022.
  8. ^ "Preminuo ratni zločinac Radoslav Brđanin". www.klix.ba (in Bosnian). Retrieved 7 September 2022.
  9. ^ Milorad Dodik, twitter, 7 September 2022