Prosecutor V Todorovic Case Study

Sunčica Šanjević Case brief

Prosecutor v. Todorovic

Facts : On 17 April 1992, Serbian military force has taken control over the Bosanski Samac in Bosnia and Herzegovina and has undertaken a campaign of terrorism whic was designed to make Bosnian Muslims and Bosnian Croats to go away from area of Bosanski Samac. The forcible takeovesr by Serb force of towns & villages inhabited by nonSerbian people, the murders, sexual assault and beating of non Serbian civils detained in many detention camps of region, the unlawfully made detentions and confinement of nonSerbian civils under horrible conditions on political, or religious beliefs, the cruel and inhumane treatments of nonSerb civils including beating, tortureing, forced labour and confinements under inhumane condition, the interrogations of nonSerbian civilians who were arrested or detained and forced them to sign false and coerced statement,the deportations, forced transfers and expulsions of nonSerb civils from their homes , the issuance of order and directive which violated the rights of non Serb civils to equalize treatments under law and which infringed their enjoyments of basic and fundamental right.

Stevan Todorović was actually Chief of Police in Bosanski Šamac in Bosnia and Herzegovina.

Procedural history : On 29.11.2000, motion was filed on his behalf with the prosecutions informing the Trial Chamber of the agreement that was made as to entry of a guilty plea's to counts of persecutions as a crime against humanity and the withdrawal of all other charges taken against Todorovic.

On 13.12. 2000, Stevan Todorović was pleaded guilty before Judge Robinsons, and confirmed his guilty plea before the full Trial Chamber o...

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...ore severe penalty. The gravity of Todorovic's criminal conduct was aggravated by superior position of him and by manner in which the crimes were committed. That's why, in the Chambers opinion, his crime was particularly grave.

While mitigating factors were given considerable weight in the determining of the sentence , the Chamber wishes to emphasise that it is in no way detracting from the gravity of Todorovic's crime.Chamber is considering that Todorovic's timely plea of guilt and his substantial cooperations with the Prosecutor are very important as mitigating factors in this case. Basicaly ithout these factors, he would receive much harder and longer sentence. The Chamber has also took into consideration the mitigation of sentence Todorovic's expression of remorse, which it has accepted as sincere and also was important factor in lowering his sentence.

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