Based on a deal reached with the Prosecution on 27 January 2004, the 49-year-old Babic admitted to persecution of Croatian civilians as a crime against humanity. On June 29, he was given a 13-year jail term.
Due to Babic's outstanding contribution as a prosecution witness in the trials of Slobodan Milosevic, Momcilo Krajisnik, and others, and following his repentance, the Prosecution suggested an 11-year jail term.
Defence counsel Peter Vogelnest today presented 11 grounds for the appeal submitted on September 4, and asked the Appeals Chamber to approve the grounds and alter the sentence.
The defence claimed that the legal assessment of Babic's responsibility for persecution did not correspond to the statement on facts, that in determining the punishment the Trial Chamber misjudged the gravity of the crime, that it overstated his role in the so-called joint criminal enterprise, and failed to evaluate the admission of guilt, the repentance and his outstanding contribution as witness for the prosecution.
Prosecutor Norman Farrell said the prosecution agreed with three grounds for appeal regarding the evaluation of the gravity of the crime, good character and conduct after the crimes, and believed there had occurred a misapplication of the law.
Both the defence and the prosecution said they would be satisfied with a reduction of the jail term from 13 to 11 years.
Appeals Chamber presiding Judge Florence Mumba gave Babic an opportunity to comment on the appeal.
"I am very concerned about my family's safety. That's the only important thing for me. Nothing else," said Babic.
The Appeals Chamber will make a decision at a later date.
Babic used to be the president of the parastate in Croatia calling itself the Republic of Serb Krajina, which had been set up in the early 1990s. He was convicted after confessing to participating from August 1991 to February 1992 in a joint criminal enterprise aimed at forcibly and permanently removing Croatian and other non-Serbs from approximately one third of Croatian territory.