The Prosecutor v. Mladen Naletilić and Vinki Martinović
Case Sheet · ICTY
The Prosecutor v. Mladen Naletilić and Vinki Martinović
| Location | Bosnia and Herzegovina |
| Case Number | IT-98-34 |
| Case Name | "Tuta and Štela" |
| Status | Closed · Sentence Served |
Context
Mladen Naletilić was the founder and commander of the Bosnian Croat “Kažnjenička Bojna” (Convicts’ Battalion), a 200 to 300-strong body of soldiers based around Mostar in south-eastern Bosnia and Herzegovina.
Vinki Martinović was the commander of the “Mrmak” or “Vinko Škrobo” unit of the Convicts’ Battalion and subordinate to Mladen Naletilić.
Pre-Trial
| Initial Indictment | 21 December 1998 |
| Amended IndictmenTS | 28 November 2000 16 October 2001 |
| Crimes Charged | Mladen Naletilić Grave breaches of the Geneva Conventions of 1949 Wilful killing · art. 2(a) ICTYS Torture or inhuman treatment · art. 2(b) ICTYS Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly · art. 2(d) ICTYS Unlawful transfer of a civilian · art. 2(g) ICTYS Violations of the laws or customs of war Murder · art. 3 ICTYS Cruel treatment · art. 3 ICTYS Unlawful labor · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Seizure of, destruction or wilful damage done to institutions dedicated to religion · art. 3(d) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of torture · art. 5(f) ICTYS Crime against humanity of persecution · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS Vinki Martinović Grave breaches of the Geneva Conventions of 1949 Wilful killing · art. 2(a) ICTYS Torture or inhuman treatment · art. 2(b) ICTYS Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly · art. 2(d) ICTYS Unlawful transfer of a civilian · art. 2(g) ICTYS Violations of the laws or customs of war Murder · art. 3 ICTYS Cruel treatment · art. 3 ICTYS Unlawful labor · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Seizure of, destruction or wilful damage done to institutions dedicated to religion · art. 3(d) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of torture · art. 5(f) ICTYS Crime against humanity of persecution · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS |
| Arrest and Transfer | Mladen Naletilić 18 October 1999 · Arrested by Croatia · Transferred to ICTY 21 March 2000 Vinki Martinović 9 August 1999 · Arrested by Croatia · Transferred to ICTY 9 August 1999 |
| Initial Appearance | Mladen Naletilić 24 March 2000 · Plea: Not Guilty Vinki Martinović 12 August 1999 · Plea: Not Guilty |
Trial
| Trial Chamber | Trial Chamber I · Judges: Judge Liu Daqun (presiding), Judge Maureen Harding Clark, Judge Fatoumata Diarra |
| Trial Opening | 10 September 2001 |
| Trial Judgment | 31 March 2003 |
| Crimes at Trial Judgment | Mladen Naletilić Grave breaches of the Geneva Conventions of 1949 Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS Unlawful transfer of a civilian · art. 2(g) ICTYS Violations of the laws or customs of war Unlawful labor · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of torture · art. 5(f) ICTYS Crime against humanity of persecution · art. 5(h) ICTYS Vinki Martinović Grave breaches of the Geneva Conventions of 1949 Wilful killing · art. 2(a) ICTYS Torture or inhuman treatment · art. 2(b) ICTYS Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS Unlawful transfer of a civilian · art. 2(g) ICTYS Violations of the laws or customs of war Unlawful labor · art. 3 ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of persecution · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS |
| Sentencing Judgment | Mladen Naletilić 20 years of imprisonment Vinki Martinović 18 years of imprisonment |
Appeal
| Appeals Chamber | Appeals Chamber · Judges: Judge Fausto Pocar (presiding), Judge Wolfgang Schomburg, Judge Mohamed Shahabuddeen, Judge Mehmet Güney, Judge Andrésia Vaz |
| Appeals Filed By | Both |
| Appeal Judgment | 3 May 2006 |
| Crimes at Appeal Judgment | Mladen Naletilić Grave breaches of the Geneva Conventions of 1949 Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS Unlawful transfer of a civilian · art. 2(g) ICTYS Violations of the laws or customs of war Unlawful labor · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of torture · art. 5(f) ICTYS Crime against humanity of persecution · art. 5(h) ICTYS Vinki Martinović Grave breaches of the Geneva Conventions of 1949 Wilful killing · art. 2(a) ICTYS Torture or inhuman treatment · art. 2(b) ICTYS Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS Unlawful transfer of a civilian · art. 2(g) ICTYS Violations of the laws or customs of war Unlawful labor · art. 3 ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of persecution · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS |
| Final Sentence | Mladen Naletilić 20 years of imprisonment Vinki Martinović 18 years of imprisonment |
| Transfer to Serve Sentence | Mladen Naletilić 24 April 2008 · Italy 29 November 2012 · Early release Vinki Martinović 9 May 2008 · Italy 16 December 2011 · Early release |
Key Documents
| Amended Indictment | Amended Indictment (2001) |
| Trial Judgment | Trial Judgment (2003) |
| Appeal Judgment | Appeal Judgment (2006) |
| ICTY Case Page | Official ICTY page |