Landzo Esad

Guard at the Celebici camp - Celibici case.

Esad Landzo was found guilty of serious infringements of the Geneva Conventions and violations of the laws or customs of war. On 8 April 2003, the International Criminal Tribunal for Former Yugoslavia Appeals Chamber confirmed the 15-year sentence handed down by the Trial Chamber on 16 November 1998. Identity

• Esad Landzo, also called « Zenga » was born 7 March 1973.
• From May to November 1992, he was a guard at the Celebici camp in the Konjic municipality in Central Bosnia.

Proceedings

• Esad Landzo was indicted on 19 March 1996 together with Zejnil Delalic, Hazim Delic and Zdravko Mucic.
• He was arrested on 13 June 1996.
• On 18 June 1996, he pleaded not guilty to all counts.

Chamber

• Judges : Adolphus Karibi-Whyte, Elizabeth Odio Benito, Saas Saood Jan.
• Prosecutor : Grant Niemann, Teresa Mc Henry, Giuliano Turone.
• Defence : Cynthia Mc Murrey and Nancy Boler.

Trial

• The trial began on 10 March 1997 and lasted nineteen months. The chamber heard 122 witnesses and received 691 exhibits
• It ended on 15 October 1998.

Judgement

• Esad Landzo was found guilty of grave breaches of the Geneva Conventions and violations of the laws and customs of war.
• More specifically, he was convicted of killings (three victims), torture, causing great suffering or serious injury and inhumane conditions.
• The Trial Chamber considered as mitigating factors his young age at the time, his impressionability and immaturity, as well as his particular personality traits and the effect that the armed conflict in his home town had had upon him. Nevertheless, it emphasized that the nature of his crimes was suggestive of a perverse pleasure in the infliction of pain and suffering.
• Esad Landzo was sentenced to 15 years\' imprisonment on 16 November 1998.

Appeal

• Esad Landzo appealed against the judgement.

Appeals Chamber

• Judges:David Hunt, Judge Fouad Riad, Rafael Nieto-Navia, Mohamed Bennouna, Fausto Pocar.
• Prosecutor:Upawansa Yapa, William Fenrick, Christopher Staker, Norman Farrell, Sonja Boelaert-Suominen, Roeland Bos.
• Defence: Cynthia Sinatra, Peter Murphy.

Judgment

• The Appeals Chamber upheld Esad Landzo\'s appeal against cumulative convictions based upon the same acts for both grave breaches of the Geneva Conventions and violations of the laws or customs of war, dismissing the charges for the violations of the laws or customs of war. All other grounds of appeal were rejected.
• The Appeals Chamber remitted to a new Trial Chamber a number of issues relating to the adjustment of sentences handed down as a result of the rulings which had been made on appeal.

Trial Chamber II

• On 9 October 2001, the new Trial Chamber determined that no adjustment should be made for the dismissal of the cumulative convictions.
• It also considered that the original Trial Chamber\'s sentence of 15 years was appropriate.

Second Appeal

• Esad Landzo appealed again to the Appeals Chamber against the sentence.

Appeals Chamber

• Judges: Theodor Meron, Fausto Pocar, Mohamed Shahabuddeen, David Hunt, Asoka de Zoysa Gunawardana.
• Prosecutor:Norman Farrell, Anthony Carmona, Helen Brady.
• Defence: Cynthia Sinatra, Peter Murphy.

Judgement

• Esad Landzo\'s grounds of appeal were dismissed and the 15-year sentence imposed by the original Trial Chamber on 16 November 1998 and by the new Trial Chamber on 9 October 2001 was confirmed on 8 April 2003.
• Indeed, the Appeals Chamber of the ICTY explained that the governing criterion in sentencing is that the sentence should reflect the totality of the offender\'s conduct (the « totality » principle).The issue that the new Trial Chamber had to determine was whether, in determining the length of the concurrent sentences imposed, the original Trial Chamber had also added to the length of those concurrent sentences because of the additional convictions. The new Trial Chamber concluded that the sentences would have been the same without the cumulative convictions.
• Esad Landso was transferred to Finland to serve his sentence.