Convicted of War Crimes bought penalties for 18,300 euros

In Bosnia and Herzegovina there are persons convicted of war crimes prison sentences replaced cash. Total have paid the 36,500 KM (18,300 euros).

Amir Ćoralić one of them. It was after he pleaded guilty, before the Cantonal Court in Bihac sentenced last year to 11 months in prison for statutory rape committed in 1993 in the area of Cazin.Recep Beganović also ispalatio a sentence of one year. The Cantonal Court in Bihac found him guilty of inhumane treatment of Local Civil population and attempted rape of a minor in 1993.The same court Dzevad Mahmutovic and Safet Kovacevic filed claims for replacement of a prison sentence and a fine in cases of war crimes against prisoners of war.

The law in the Federation entity, provided that the term of imprisonment of one year or less may replace cash, while in the other entity - RS in the limit of six months.So far in the RS there were no cases of payment penalty for war crimes, but in FBiH the four convicts, who were sentenced to prison in Cazin, Tesanj and Brcko, donated money and thus avoid serving prison sentences.Day prison 50 eurosWar crimes under international criminal law are the most difficult, which is why the public and victims expect draconian penalties, but in BiH it is not rare to be converted into cash.

"The amendments to the criminal law in BiH is possible that persons sentenced to less severe prison sentences replaced imprisoned fine, compared to one day of imprisonment equals 100 KM," says Zarije Seizović, professor at the Faculty of Political Sciences in Sarajevo.The Cantonal Court in Zenica confirmed that convicted Atif Krkalić also paid 36,000 KM in exchange for serving the sentence. Krkalić was found guilty of physically abusing three civilians of Serbian nationality when questioned about the possession of weapons in June and July 1992 in Jelah (municipality Tešanj).

In Krkalićevom request to replace the prison sentence states that he is a family man, and that he regretted his conduct during the proceedings, and that the offense committed is not produce harmful effects.Zenica Prosecution did not object to this request, and the Cantonal Court in Zenica in the decision pointed out that the fine achieve the purpose of punishment to be an older person who has not previously been convicted of that offense by a lot of time, and that no remaining form and irreparable damage by the injured parties.

Compensation for victims

The possibility of replacing the prison sentence to one year has no effect on achievement of revenue budget."The meaning of such solutions could be generally justified by the fact that they want to provide additional funds in the budget and relieve the existing prison facilities. However, against such solutions mostly justice, righteousness and morality. Therefore, neither justice, nor justice nor morality in this case could not justify such a replacement penalties in a row especially in war crimes cases. On the contrary, the punishment would be entirely fair, equitable and moral when it is, I'm a prison sentence, the convicted person committed the judgment to pay damages to the victim - that is, in this case the victims or their heirs pay a certain amount of money for non-pecuniary damage suffered due to that he committed the crime.

And not only when the convicted person serving a prison sentence, but later, in freedom, when employed, that person should be obliged to pay part of the salary sacrifice. In any case, the Court is the only authority that can take the position that in war crimes cases there is no place like this and replace it, quite legitimately, to justify the reasons of fairness and morality, which are universal standards that are above national legislation and their solutions, "said Seizović.The question is whether in these cases, achieve the purpose of punishment.

"Not. On the contrary - paradoxically sounds but certainly to stimulate the exercise of such a serious crime, and it seems that those who are well off can do evil deeds that are later redeeming by the sentence 'bought'. Such a solution is simply unacceptable in any segment of its existence, the legal, moral and others. "Says Seizović.Basic Court of Brcko District also adopted two decisions on the exchange of penalties when it comes to war crimes cases.Branko Pudić, who was sentenced to a year because of abuse in the Luka camp in Brcko, but he paid the amount awarded. The decision in another case is under appeal.The victims of these crimes are additionally humiliated, marginalized, criminals bought their prison terms, a message that is sent is that those with enough money in your pocket can commit crimes when they want and then give money to not serving a prison sentence.

• 10 Sep, 2016
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