
13 August 2008 Radmilo Vukovic has been acquitted of the rape of a woman in Foca, in eastern
Bosnia, in 1992 after the Appellate Chamber of the Court of Bosnia and
Herzegovina said there was not enough evidence.
The Appellate Chamber said there was not sufficient evidence to sentence
Radmilo Vukovic, adding that this was “an atypical rape for that specific region and
period of time.
“This Court has already pronounced a few verdicts for rape, but this
case is much more specific and delicate,” said Appellate Chamber Chairwoman
Azra Miletic.
“What we have here is a rape that is atypical for that specific area and
period of time, when women were detained and forced into sexual intercourse,” said
Miletic.
The Court of Bosnia and Herzegovina last year pronounced a first
instance verdict sentencing Vukovic to five-and-a-half years' imprisonment.
The Chamber had determined that he raped protected witness A on several
occasions in Foca during 1992, who then gave birth to a boy in Gorazde in February
1993.
It said he abandoned the baby after the delivery. During the course of
the trial it was determined that Vukovic was the father of the child.
However, both the Prosecution and Defence filed appeals, which the
Appellate Chamber upheld, ordering a retrial in August 2007. Miletic said that
a thorough analysis of the statements given by witnesses A and B resulted in
the Court determining “that those statements contained contradictions that
could not be ignored”.
“By denying her relation with the indicted, which was a proven truth,
and by saying that she never mentioned the abuse to anyone else, witness A
imperiled her credibility,” Miletic added.
During her testimony witness B, the injured party’s sister, said that A
had told her that she was raped several times in 1992. But the Appellate
Chamber was not able to determine whether the relationship between witness A
and Vukovic was in fact “involuntary”.
Fadil Jahic, former chief of the gynecological department in Gorazde
hospital, appeared as a witness during the retrial. He remembered witness A,
but he could not remember her saying that Vukovic raped her.
“Why didn't witness A file a report against Radmilo Vukovic immediately?
Why did she decide to protect him if he had committed this disgusting act?”
Miletic asked.
The Appellate Chamber said that it was undoubtedly determined that an
armed conflict was underway when the crime was committed and that sexual
intercourse took place resulting in pregnancy and childbirth.
Vukovic said that the Appellate Chamber rendered an “objective
decision”.
The Court has pronounced second instance verdicts against the following
persons, sentencing them for crimes committed in Foca area: Radovan Stankovic
(sentenced to 20 years), Gojko Jankovic (34 years) and Nedjo Samardzija (24
years).
First instance verdicts were pronounced against Mitar Rasevic,
sentencing him to eight-and-a-half years, and Savo Todovic, sentencing him to
twelve-and-a-half years, for crimes committed in Foca Correctional Facility.
Ranko and Rajko Vukovic were sentenced to 12 years' imprisonment each for
crimes committed in Podkolun village, in the Foca municipality.
Justice Report is a
specialist reporting agency focusing on war crimes trials taking place before
local courts; development of the local legal system; and efforts to come to
terms with the past.
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