Table of contents
Element
8.b.i [Mental element for Element 4] [Conduct of obtaining or expecting pecuniary or other advantage:] The perpetrator meant to obtain pecuniary or other advantage in exchange for or in connection with the acts of sexual nature; OR
P.35. Evidence inferred from an utterance, a document or a deed.
A. Legal source/authority and evidence:
Prosecutor v. Dragoljub Kunarac et al., Cases No. IT-96-23-T and IT-96-23/1-T, Judgement (TC), 22 February 2001
, paras. 42, 75, 213, 587, 756, 779:"42. [ ] On or about 25 December 1992, they were brought back to the apartment in the Lepa Brena block. A.B. was sold for 200 DM and never seen again; FWS-75 was handed to DP 1.134 While in the Lepa Brena apartment, the women were locked in and permitted no contact with the outside world.135"
"135. FWS-75, T 1599; FWS-87, T 1814-1815; A.S., T 2012 and T 2022."
"75. Sometime in February 1993, she and A.S. were sold by Radomir Kovac to two Montenegrin soldiers for 500 Deutschmarks each. [ ] During the rebuttal case, FWS-87 added that she and A.S. overheard a conversation between Kovac and two Montegrins who had come to Kovacs apartment, in which they were discussing the sale of the girls. FWS-87 rejected the Defence submission that Radomir Kovac might have paid these men for taking the girls to Montenegro.225 In particular, FWS-87 stated that Radomir Kovac had not sold his TV before they left for Montenegro.226"
"225. T 6130.
226. T 6113. The importance of the alleged sale of the TV will be dealt with later."
"213. After a month she and FWS-87 were taken away by a certain "Misko" and another man, both of whom were from Montenegro. She later learnt that they had been sold for 500 Deutschmarks each and a truckload of washing powder. The men who had bought them mocked them for having been bought at such a price. They were taken first to Niksic and then to Podgorica.627"
"627. T 2024."
"587. [ ] Kovac also sold three of the girls, A.S., A.B. and FWS-87. Prior to their being sold, Kovac had given two of these girls, FWS-75 and A.B., to other Serb soldiers who abused them for more than three weeks before taking them back to Kovac, who proceeded to sell one and give the other away to acquaintances of his."
"756. The day after they had returned, A.B. and FWS-75 were taken from Radomir Kovacs apartment. A.B. was taken by a man called "Dragec", who gave Kovac 200 Deutschmarks in the process, while FWS-75 was handed over to DP 1 and Dragan "Zelja" Zelenovic . The Trial Chamber finds that this sexual exploitation of A.B. and FWS-75, in particular their sale, constitutes a particularly degrading attack on their dignity."
"779. The Trial Chamber finds that, sometime in February 1993, two Montenegrins came to Radomir Kovacs apartment. [ ] The two girls crept out of the kitchen into the corridor from where they listened to the conversation before rushing back to the kitchen when they heard the men moving. FWS-87 heard that the two girls were being sold for 500 Deutschmarks each, but A.S. did not hear the exact words of the conversation. Not long after the transaction, possibly the next day, the two Montenegrins came back to take the girls away. While they were in the car with the two Montenegrins, these two men laughed at their being sold for such a small amount of money and, as A.S. recounted, also for a truck-load of washing powder."
B. Evidentiary comment:
The above case extract is from a case concerning enslavement, but this means of proof could also prove the relevant element of enforced prostitution.
P.36. Evidence inferred from a circumstance.
