Table of contents:
Element:
P.16. Evidence inferred from an utterance, a document, or a deed.
A. Legal source/authority and evidence:
Prosecutor v. Zejnil Delalic et al., Case No. IT-96-21-T, Judgement (TC), 16 November 1998, para. 1057-1059:
"1057. The evidence further establishes that Hazim Delic derived sadistic pleasure from the use of this device. Novica Dordic, stated that it was like a "toy" for Mr. Delic 932and Witness B testified that Delic found the use of this device "very amusing"933. Milenko Kuljanin testified that when Mr. Delic was using the device on him, he laughed and found it funny. In addition, he stated that when Delic was using the device on some of the other prisoners he, talked during this and laughed at them as he was applying the device. Some of them begged him as they were in pain and unpleasant pain not to torture them, not to maltreat them, but he even hit some of them when they begged him to cease torturing them. He merely laughed.934
1058. The Trial Chamber finds that Hazim Delic deliberately used an electric shock device on numerous prisoners in the Celebici prison-camp during the months of July and August 1992. The use of this device by Mr. Delic caused pain, burns, convulsions, twitching and scaring. Moreover, it frightened the victims and reduced them to begging for mercy from Mr. Delic, a man who derived sadistic pleasure from the suffering and humiliation that he caused. Accordingly, the Trial Chamber finds that Mr. Delic, by his acts, intentionally caused serious physical and mental suffering, which also constituted a clear attack upon the human dignity of his victims.
1059. For these reasons, the Trial Chamber finds Hazim Delic guilty of inhuman treatment, under count 42 of the Indictment and of cruel treatment, under count 43 of the Indictment, with respect to the use of a device emitting an electrical current on Milenko Kuljanin and Novica Dordic."
"932. T. 4197.
933. T. 5047.
934. T. 5455 (Emphasis added)."
[B. Evidentiary comment:]
P.17. Evidence inferred from a circumstance.
P.17.1. Evidence that the perpetrator was aware of trauma suffered by detainees.
A. Legal source/authority and evidence:
Prosecutor v. Zlatko Aleksovski, Case No. IT-95-14/1-T, Judgement (TC), 25 June 1999, para. 224:
"224. The evidence relating to screams played over the loud-speaker, the nature of the blows inflicted on some of the credible witnesses, the accuseds presence when was violence done to detainees, and the state in which some of the detainees returned from digging trenches, goes to establish that the accused was perfectly aware of the traumas suffered by the detainees."
[B. Evidentiary comment:]
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. 772-773:
"772. The Trial Chamber therefore finds that, sometime between about 31 October 1992 and about 7 November 1992, while in Radomir Kovacs apartment, FWS-87, A.S. and A.B. were forced to strip and dance naked on a table while Kovac watched them from the sofa, pointing weapons at them .
773.The accused Radomir Kovac certainly knew that, having to stand naked on a table, while the accused watched them, was a painful and humiliating experience for the three women involved, even more so because of their young age. The Trial Chamber is satisfied that Kovac must have been aware of that fact, but he nevertheless ordered them to gratify him by dancing naked for him."
[B. Evidentiary comment:]
