A former Serbian general convicted of genocide for his part in the Srebrenica massacre has been awarded more than £50,000 in compensation from the Ministry of Justice after his throat was cut in a British prison.
Radislav Krstić was attacked by “Islamic extremists” in his cell. The judge said the authorities were negligent of their duty to protect Krstić, who is serving a 35-year sentence imposed by the international criminal tribunal for the former Yugoslavia (ICTY) in The Hague in 2001.
“This case shows the British legal system working at its best, providing justice to an unpopular and vulnerable prisoner who was owed a duty of care under our longheld traditions [the law of negligence)]” said Krstić’s solicitor, Kate Maynard, after the judge’s decision.
Krstić was attacked in May 2010 while serving time in Wakefield prison. The judge, Antonio Bueno QC, sitting at Central London county court, said: “His involvement in the Srebrenica massacre had gained notoriety throughout the prison; his throat was cut by three murderous Muslim fellow prisoners.
“He was fortunate to escape with his life. After this, there were other but less serious incidents at HMP Long Lartin and HMP Woodhill, to which institutions he was successively transferred, of which complaint is also made in these proceedings.”
Krstić’s attackers – Indrit Krasniqi, Ilyas Khalid and Quam Ogumbiyi – were described as “very dangerous” and “known to be violent criminals with extremist views”. They were housed in the same unit as Krstić. They were all convicted of causing grievous bodily harm with intent.
The former Serbian general said he had never fully got over the attacks. He was awarded a total of £52,500, with £35,000 for the trauma he suffered and £17,500 for his physical wounds. The Ministry of Justice (MoJ) was also ordered to pay the legal costs.
The judge said HMP Wakefield “lacked the appropriate facilities to ensure [Krstić’s] care by preventing him from being brought into contact with very dangerous prisoners with obvious motives for harming him”.
He said the incident “caused HM government serious embarrassment because of its perceived failure to house Krstić to the standards required”.
Krstić was captured in a joint operation by British and American forces in 2001 and brought to face trial before the ICTY. He was convicted of genocide, complicity to commit genocide, extermination and two counts of murder.
He was initially sentenced to 46 years’ imprisonment, but that was reduced on appeal and it was agreed that he would serve time in prison in Britain. He has since been transferred to a Polish facility and gave evidence via videolink.
An MoJ spokeswoman said: “We robustly defend all compensation claims from prisoners as far as our evidence allows. We are disappointed with this judgment and will consider the next steps.”