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WAR CRIMES

Swede charged with Balkan war crimes

A 43-year-old Swedish citizen was charged on Tuesday with war crimes and kidnapping in connection with his job as a prison guard in Bosnia in 1992.

Ahmet Makitan has roots in Bosnia-Herzegovina and lives in Sollefteå in northern Sweden. He moved to Sweden in 2001, gaining citizenship in 2006.

He was arrested in January of this year following an investigation by the Swedish National War Crimes Commission (Rikskriminalpolisens krigsbrottskommission) which had begun back in 2008.

Makitan is suspected of having tortured Bosnian-Serb civilians while working at the Dretelj prison camp in Bosnia in 1992.

While serving as a guard, Makitan allegedly abused prisoners who had been placed in small cells or storage units with concrete floors.

The prisoners were undernourished and a large number were subject to violence, sexual assault, threats, and abuse.

They were also denied adequate medical care and were forced to relieve themselves in their own cells.

The suit against Makitan includes the names of 28 male and female prisoners who were held at the camp, with each one detailing the abuses to which they were subjected.

One man was forced to masturbate on another inmate and another was forced to perform oral sex on a fellow prisoner. Another inmate was forced to eat grass and cigarette butts, while another had the muzzle of a gun placed in his mouth.

Several of the prisoners were hit and kicked by the guards.

According to prosecutors, Makitan was aware of the unlawful imprisonment as well as the harsh treatment meted out to the inmates and their brutal living conditions.

As a result, prosecutors contend he is guilty violating the Geneva Conventions.

Makitan’s case is unique, as it is the first time anyone has been charged with offences since the establishment of Sweden’s war crimes commission.

The 43-year-old Makitan has previously denied all charges and his attorney has declined to comment on the case.

“No, I want to see and read the charge sheet first,” said Ola Salomonsson to the Metro newspaper prior to the presentation of the indictment against his client.

According to Mark Klamberg, a doctoral candidate in international law at Stockholm University, Swedish legislation is not adapted for war crimes which may create complications for prosecutors.

“It is out of date, it is more than 20-years-old and a lot has happened. It causes difficulties for prosecutors, courts and even the defendants in relation to what is actually criminal under the law, as it is formulated in a quite sweepingly general way,” he said to Sveriges Radio’s Ekot news programme.

Makitan’s trial before the Stockholm district court is scheduled to begin on October 13th, and prosecutor Magnus Elving estimates it will last at least five months.

The indictment covers 21 victims. In addition, between ten and twenty witnesses from a number of different countries will be called to testify.

The Swedish investigation stems from a football match in Denmark between asylum seekers, in which one of the participants recognized a secretary to the commander of the camp where Makitan served as a guard.

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RWANDA

German court told to retry Rwandan convicted of war crimes

A mammoth case against a Rwandan man accused of masterminding massacres in eastern Democratic Republic of Congo from his home in Germany, will have to be reopened, Germany's highest penal court ruled Thursday, overturning his conviction.

German court told to retry Rwandan convicted of war crimes
Murwanashyaka during an MDR interview 10 years ago in November 2008. Photo: DPA

The Federal Court of Justice Thursday confirmed the verdict against Musoni. But it found that part of the case against Murwanashyaka was flawed – both in his favour and against.

“The guilty verdict is therefore to be completely annulled, even though the conviction of the accused as a leader of a terrorist organisation was without 
legal error per se,” said the court.

Murwanashyaka had been found guilty of abetting five attacks by FDLR rebels 
on Congolese settlements in 2008-2009.

But the court said the initial verdict by the higher regional court of Stuttgart did not sufficiently prove that Murwanashyaka's support of at least one of the attacks was premeditated.

The judges ordered the Stuttgart tribunal to take a fresh look at his role in all five attacks.

They also disagreed with the previous decision not to judge the accused for crimes against humanity as well as war crimes.

Musoni was allowed to go free after the ruling because he had already been in pre-trial jail for almost six years and, therefore qualified for conditional release for good behaviour. Murwanashyaka currently remains in jail.

The original verdict in the case, after a trial that lasted more than four years, was at the time hailed as a breakthrough by the United Nations in efforts to bring FDLR commanders living abroad to justice.

The two Rwandans, who have lived in Germany for more than 20 years, were 
initially accused of 26 counts of crimes against humanity and 39 counts of war  crimes.

But over time that was whittled down to charges related specifically to the killings, in part because the court decided not to further tax the vulnerability of traumatised rape victims or child soldiers by making them appear before the hearing.

The judge back then said the difficulties encountered by the prosecution in  the biggest such trial in Germany as well as the length of time the case took had been “unacceptable”.

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