AhlulBayt News Agency (ABNA): The body known as the International Residual Mechanism for Criminal Tribunals has rejected a request for conditional early release submitted by Serbian inmate Milan Martić, a decision that has prompted renewed criticism concerning alleged discrimination and shifting judicial standards within the international tribunal system.
Martić, who led Serb forces in the Krajina region of Croatia during the final stages of the Balkan conflicts of the 1990s, was sentenced to 35 years’ imprisonment by the International Criminal Tribunal for the former Yugoslavia. After completing two-thirds of his sentence, he formally applied for early release in accordance with established tribunal practice.
He was convicted on charges including murder, persecution on political, racial, and religious grounds, imprisonment, forced deportation, and plunder. A central element of the indictment concerned his authorization of rocket attacks on Zagreb in the summer of 1995, which resulted in civilian casualties.
Comparison With the Ante Gotovina Case
Observers have drawn comparisons between Martić’s case and that of Ante Gotovina, a Croatian general involved in the same conflicts. Gotovina, who commanded large-scale military operations that led to the displacement of hundreds of thousands of Serbs from contested territories, was ultimately acquitted by the same tribunal and therefore never reached the stage of requesting early release.
Critics argue that the differing outcomes of the two cases raise questions regarding alleged double standards in the adjudication of war crimes cases at The Hague. They note that throughout nearly three decades of tribunal activity, prisoners who had served two-thirds of their sentences were generally granted early release as a matter of consistent judicial practice.
Second Rejection in Recent Months
The denial of Martić’s request marks the second similar ruling in recent months. Earlier, the tribunal also rejected an early release application submitted by Serbian General Radislav Krstić.
Reports indicate that nearly one hundred convicted individuals of various ethnic backgrounds had previously been granted release after completing two-thirds of their sentences, with no comparable refusals recorded prior to these recent decisions.
Court’s Reasoning: Failure to Demonstrate Rehabilitation
Judge Graciela Gatti Santana, presiding over the review panel, stated that Martić had failed to demonstrate sufficient rehabilitation to justify early release. According to the ruling, good conduct in prison alone does not constitute adequate proof of rehabilitation in cases involving serious international crimes.
The judge also referred to a report submitted by prison authorities in Estonia, indicating that Martić continues to regard himself as a “political prisoner” and considers his conviction politically motivated. The court concluded that such a position reflects a failure to accept responsibility, thereby constituting a significant obstacle to granting early release.
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