On August 16, 2012, Mile Mrkšić, who was previously sentenced to twenty years’ imprisonment by the International Criminal Tribunal for the former Yugoslavia (ICTY), was transferred to Portugal to serve his sentence for crimes against non-Serb prisoners of war.
Mrkšić is a former colonel of the Yugoslav People’s Army (JNA) and was commander of the Guards Motorized Brigade and Operation Group South. He oversaw all Serb forces in the area in which the offenses occurred, including JNA, Territorial Defence (TO), and paramilitary forces.
Background
Mrkšić was sentenced on September 27, 2007, for aiding and abetting murder, torture, and cruel treatment of prisoners, as well as inhumane conditions at the hangar of Ovčara.
The Chamber found that, in accordance with orders from Mrkšić, the JNA loaded approximately 260 non-Serbs from Vukovar hospital on buses and transported them to JNA barracks, then to a hangar at Ovčara. There, the prisoners were subjected to severe beatings.
The Trial Chamber found that Mrkšić withdrew JNA troops and left the prisoners with the TO and paramilitary members, who killed at least 194 of the prisoners and buried them in a mass grave. The Chamber concluded that, by withdrawing the JNA officers and soldiers who were guarding prisoners of war, Mrkšić rendered substantial assistance to the Territorial Defense (TO) and paramilitary troops, who were then able to commit numerous murders. The Trial Chamber concluded that Mrkšić knew that the Serb TO and paramilitary troops felt intense animosity toward Croat forces. Mrkšić was aware of the treatment of the prisoners, and he had been informed that prisoners had been executed by TO and paramilitary personnel on the previous day. By ordering withdrawal of the JNA military police who were guarding the prisoners when he knew of the high risk that TO and paramilitary forces would subject the prisoners to serious violence and death, Mrkšić aided and abetted the offenses of murder committed as a consequence of his withdrawal order. Thus, Mrkšić was responsible under 7(1) of the Statute for aiding and abetting murder.
Mrkšić took no steps to reinforce the guards at Ovčara or improve measures to prevent violence against prisoners at the hands of the TO and paramilitary forces despite knowing of severe mistreatment. By failing to act, he gave practical assistance and encouragement to those who sought revenge on the prisoners. The Chamber further found that JNA forces under Mrkšić’s command established inhumane conditions of detention. Therefore, Mrkšić was responsible under Article 7(1) of the Statute for aiding and abetting torture and cruel treatment.
Sentences of those convicted by the ICTY are served outside the Netherlands in States that have signed an agreement on the enforcement of sentences with the ICTY. Mrkšić is the first person to be transferred to Portugal.
