INTERNATIONALCOURT OF JUSTICE
CASE CONCERN'iNGAPPLICATIONOF THE CONVENTION ON
THE PREVENT'IONAND PUNISHMENTOF THJZCRIME OF
GENOCIDE
(BOSNIA AND HERZEGOVINAv. YUGOSLAVIA)
COUNTER -MEMORIAL
23 JULY 1997 TABLE OF CONTENTS
PART ONE
Introduction
CHAPTER 1
GENERAL OVERVIACWOF ALLEGATIONS SUBMIJ-7-ED
BY THE APPLICANT ...........................................................3............
Section 1 . Evidence and Information Submitted by the Applicant
Do Not Satisfy Applicable Legal Standards ..........................3..........
1.1.2. ldentity and Number of Victims ..............................6...............
1.1.3. Described Acts Cannot Be Qualified as Genocide ..........7....
1.1.4. The Acts Described by the Applicant Cannot Be
Attributed to the Federal Republic of Yugoslavia .................13.......
1.1.5. Places of the Alleged Crimes............................................... 17
Section 2 . Denial of separate allegations of the Applicant .......17.
1.2. Allegations Presented in the Application and Other
Pleadings, except the Memorial...........................................17........
.......................................
1.3. Allegations Presented in the Memorial
1.3.1.Alleged Concentration Camps ...............................28..............
1.3.2. Alleged Killing ...............................................38.......................
1.3.3. Alleged Torture..................................................5
.................5
1.3.4. Alleged Rape....................................................9...................
.5
1.3.5. Expulsion of People and Destruction of Property ...............1.3.6. Alleged Creation of Destructive Conditions of Living.. ......73
1.3.7. The United Nations Security Council Allegedly
Confirms the Existence of a Campaign of Genocide by the
Federal Republic of Yugoslavia .......................................................80
1.3.8. The United Nations General Assembly Allegedly
Confirms the Existence of a Campaign of Genocide on
the Part of the Federal Republic of Yugoslavia ..................90........
1.3.9. The United Nations Commission on Human Rights
and its Sub-Commission Allegedly Confirm the Existence of a
Campaign of Genocide on the Part of the Federal Republic
of Yugoslavia .......................................................91...............
...........
1.3.10. The Special Rapporteur on Human Rights in the
Former Yugoslavia Allegedly Confirms the Existence of a
Campaign of Genocide on the Part of the Federal Republic
of Yugoslavia .......................................................94................
...........
1.3.11. The Vienna World Conference on Human Rights
Allegedly Confirms the Existence of a Campaign of Genocide
on the Part of the Federal Republic of Yugoslavia.......................95
1.3.12. The Committee on Human Rights and the Committee
on the Elimination of Racial Discrimination on alleged
responsibility of the Federal Republic of Yugoslavia.....................96
1.3.13. The E.C. and the C.S.C.E. Allegedly Confirm the
Existence of a Campaign of Genocide Undertaken by the
Federal Republic of Yugoslavia ..................................................
1.3.14. The Allegedly Prolonged Participation of Yugoslavia.. ....98 1.3.15. The Acts of Genocide Allegedly Committed in the
Territory of the Flederal Republic of Yugoslavia ..........................100
1.3.16. The FR of Yugoslavia Allegedly Adrnitted Acts of
Genocide................................................................02......
.............,.1
1.3.17. The Alleg'ed "RAM" Operation ............................102...........
1.3.18. The Alleged ldeology of a Greater Serbia ...................... 105
1.3.19. Conclusions ................................................109.....................
CHAPTER II
FACTS RELEVANT TO THE ATTRIBUTION OF A CTS
TO A STATE ..................................................
.......Il I..........
2.1. Introduction ......................................................111...............
.........
Section 1 - Facts Related to the Founding of the Republic of
Srpska.. ....................................................
............113....
2.2. Election in 1990 and Victory of National Parties ..............113...
2.3. Disagreement Ibetweenthe Three Leading Parties
about the Future Organization of Yugoslavia and Bosnia-
Herzegovina in 1991 ........................................................................
..115
2.4. The Process of State Organization of the Serb People
in Bosnia and Herz:egovina.. ........................................122.................
2.5. Recognition of Republic of Srpska as a Party to the
Conflict ................................................................125......
.......................
2.6. Independence of the Republic of Srpska ................................,129
2.7. Recognition of the Legitirnacy and Legality of Creation
of the Republic of Srpska ............................................132..................Section 2 Reasons Underlying the Founding of the
Republic of Srpska .......................................................................
134
2.8. The anxiety of the Serbs Coused by the Strengthening
of Elements of Radical lslamism in Bosnia and Herzegovina ....134
2.9. "There can be no peace or coexistence between
'Islamic faith' and 'non-lslamic' social and political
institutions" ...........................................................................141
2.10. "Islam comprises the principle of ummet, Le., the
aspiration for the unification of al1Muslims into a single
community - religious, cultural and political" ........................147.
2.11. "To act prematurely is equally as dangerous
as to be late in taking the required action" ........................152..
2.12. The Rebellion by Members of the SDA and the HDZ
in the Republican Government against the SFRY and Pressures
on the Serb People in Bosnia-Herzegovina (1991-1992)
(General overview).........................................................................
....162
2.13.1. The Situation in the Communes of Sarajevo,
ViSegrad and Tuzla prior to the Outbreak of War....................... 175
2.13.2. Sarajevo .................................................................,175
2.13.3. ViSegrad. ................................................................,182
2.13.4. Tuzla .....................................................................,208
2.14. Suffering of Serbs in Croatia and Secession of
Slovenia and Croatia .......................................................................
218
2.15. The Armed Rebellion against the SFRY in Slovenia ..........221
2.16. The Armed Uprising against the SFRY in Croatia and
Forcible Secession .................................................................226 2.17. Genocide of the Serbs in Bosnia and Herzegovina
during World War Two ....................................................30..............2
2.18. Reactions by External Factors ...............................235..............
2.19. Prernature Recognition of Bosnia and Herzegovina as a
Sovereign and Independent State................................................... ,238
2.20. Elections in B'osnia and Herzegovina of
14 Septernber 1996.........................................................................
. .242
2.21. Conclusions .........................................................................
......
CHAPTER III
THE POLICY OF THE FEDERAL REPUBLIC OF
YUGOSLAVIA 7-0WAR i DS THE REPUBLIC OF SRPSKA
AND BOSNIA AND tiERZEGO VINA ...............................245..........
3.1 .The Yugoslav People's Army .................................,245..............
3.1.l. Reorganization and Relocation of JNA ...................245........
3.1.3. Attacks on the Yugoslav People*~ Arrny in Bosnia
and Herzegovina ..................................................251....................
..
3.1.4. The Allegecl Participation of the the JNA in Armed
Conflicts in Bosnia and Herzegovina.. ......................................... ,258
3.1.5. The Allegecl Prolonged Presence of the JNA in
Bosnia and Herzegovina .........................................259....................
3.1.6. The Acts of' Genocide Allegedly Cornrnitted by the
JNA................................................................,269......
.......................
3.2. Withdrawal of Foreign Forces frorn Bosnia and
Herzegovina.. .......................................................,274.............
.............3.3. General Position of the FR of Yugoslavia with Respect
to Events in Bosnia and Herzegovina ........................................
3.4. The FR of Yugoslavia Condemned Publicly Acts of
Violence in Bosnia and Herzegovina and lnvited All Warring
Parties to Suspend the Hostilities and Find Peaceful Solution ...277
3.5. The FR of Yugoslavia and the Vance-Owen Plan ..................
3.6. The Measures of the FR of Yugoslavia Taken Vis-a-vie
the Republic of Srpska ...............................................2..7................
3.7. Proximity Peace Talks at the Wright-Paterson
Air Force Base, Dayton, Ohio .......................................2..............
3.8. The FR of Yugoslavia Offered Shelter to Muslim
Refugees from Bosnia and Herzegovina........................................ ,291
3.9. The FR of Yugoslavia Enables the Transport of
Humanitarian Relief for the Population of the Republic of
Bosnia and Herzegovina Through its Territory................................292
3.10. Deferral of the Criminal Proceedings against Draien
Erdemovic
to the International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia
since 1991 .....................................................
.....2..3.........
3.11. Conclusions .....................................................2...................CHAPTER IV
INTERPRETA TION C)F THE RULES OF THE 7948
CONVENTION ON THE PREVENTION AND
PUNISHMENT OF THE CRIME OF GENOCIDE ...................297....
4.1. Introduction ......................................................297................
........
4.2. Concept of the Crime of Genocide ..........................................298
4.3. The Prohibited Acts Are Enumerated Exhaustively .............99.
4.4. lntent ...................................................
.........1..........
4.5. Object of the C:rime of Genocide: lndividuals
and the Group ...................................................
...304..............
4.6. Punishable Acts ..................................................04 .................
4.7. Acts Preparatoiryto Genocide Do Not Fall Within
Punishable Acts ...................................................
..05................
4.8. Forced Displacement, i.e. "Ethnic Cleansing" Is Not
Genocide ...................................................
........306.........
4.9. Acts not Directed Exclusively against Members of a
Group do not Constitute Genocide ....................................7...........
4.10 . According to 'the 1948 Genocide Convention a
State Cannot Comrnit Genocide and other Punishable Acts ......... 308
4.11 . The Responsibility of the State for Breaches of
Obligations Stemming from the 1948 Convention on the
Prevention and Puriishment of the Crime of Genocide..................312 4.12. Territorial Applicability of Obligations Created by the
1948 Genocide Convention ..........................................314..................
4.13. The Obligation of the State to Prevent Genocide ...........315...
4.14. The Obligation of the State to Enact the Necessary
Legislation .............................................................316........
...................
4.15. The Obligation of the State to Punish the Perpetrators
of Punishable Acts ........................................................................
.....
4.16 . Conclusions.........................................................................
...... 319
ATTRIBUTION OF ACTS TO THE STATE .........................321.......
5.1. Introduction ......................................................321...............
.........
5.2. Attribution of the Acts of State Organs ....................................
5.3. Attribution of the Acts of Persons Who Are Not
State Organs ..........................................................323...........
..............
5.4. Attribution to the State of Acts of Organized Groups .............328
5.5. The lncitement of One State by Another to Commit an
lnternationally Wrongful Act .............................................................. 335
5.6. Assistance Rendered by One State to Another for the
Commission
of an Internationally WrongfulAct ....................................336.............
5.7. The Indirect Responsibi'ify ......................................338.............
5.8. Conclusions...........................................................39...........
........3CHAPTER VI
RULES ON PROOFS ...........................................................341......
6.1. Introduction ......................................................341...............
........
6.2. Rules on Proofs Before the lnternational Court of
Justice .................................................................342....
.........................
6.3. lnternational Tribunal for the Prosecution of Persons
Responsible for Serious Violations of lnternational
Humanitarian Law Committed in the Territory of Former
Yugoslavia since 1i991 ...............................................346....................
6.4. Conclusions ......................................................348...............
.........
PART TWO
CHAPTER VI1
CRIME OF GENOCirDE AGAINST THE SERBS IN BOSNIA AND
HERZEGO VINA ........................................................349..............
....
7.0. Direct and Public lncitement to Commit Genocide ...........349.
7.1. Deliberate Killing of the Civilian Population and Captured
Persons of Serb Na'tionality ..............................................350.........
........................................................................
.....
7.1.1 0. Srebrenica 352
7.1.2.0. Bratunac .....................................................358................
........
7.1.3.0. Milici..........................................................367............
..............
7.1.4.0. Skelani .......................................................369..............
..........
7.1.5.0. Srbinje (FoCa) ...............................................372.....................
7.1.6.0. Konjic ........................................................382.............
............
7.1.7.0. Rogatica .....................................................393................
........
7.1.8.0. Novi Travnik ........................................................................
.. 399
7.1.9.0. Sarajevo ....................................................401.................
...... capljina ....................................................426.................
.....
ViSegrad ....................................................4
.7................
Brod (Bosanski Brod) .....................................445...............
Kupres ......................................................447................
......
Jablanica .........................................................................
.. 454
Livno ........................................................457..............
.........
Goraide ....................................................461..................
....
Kotor VaroS.......................................................................
495
Fojnica ......................................................497................
......
CajniCe ......................................................498................
......
Tuzla .........................................................500............
..........
Ugljevik ......................................................504...............
......
Zvornik .......................................................505..............
.......
Kladanj .......................................................513..............
.......
OraSje .......................................................517..............
........
Mostar .......................................................517...............
.......
Duvno (Tomislavgrad) ......................................538..............
Visoko .......................................................542...............
.......
Bugojno .....................................................551.................
....
Vitez .........................................................552.............
..........
VareS ........................................................552..............
........
Breza ........................................................554..............
........
IlijaS.........................................................557............
...........
Odlak .......................................................559..............
........
Prijedor ......................................................560...............
......
Zenica........................................................................
........561
Jajce .........................................................566............
..........
Rudo .........................................................574............
..........
Hrasnica ....................................................575..................
...
Derve.,,.........................................................75..............
.5
Hadzici.........................................................................
...... 579
Bihac ....................................................
.....15............
Vlasenica ....................................................586.................
...
Pazaric........................................................589...............
.......
Trnovo ......................................................590................
......
Sokolac ......................................................603...............
......
Bosanska Bijela ............................................605.................
Bukovac .....................................................606
...............
Bukvik, VujiCici, Gajeva and Lukovac.............................608
VuCilovac ....................................................
2................ 7.1.46.5. Cerik .........................................................................
...........614
7.1.47.0. Han Pijesak ....................................................
18...............6
7.1.48.0. Lopare ...........................................................20............
......6
7.1.49.0. Zivinice .........................................................................
....... 622
7.1.50.0. Banovici.........................................................................
...... 625
7.1.51 0. Kalesija.........................................................................
....... 627
7.1.52.0. Kalinovik ........................................................ 30..............
....6
7.1 .53.0. Travnik .........................................................................
....... 631
7.1 .54.0. Mrkonjic Grad ..................................................................... 632
7.1.55.0. Srbobran (Donji Vakuf) ......................................700.............
.........................................................................
..........
7.1.56.0. Doboj 700
7.1.57.0. Kozarska Dubica (Bosanska Dubica) ......................701......
7.1.58.0. GradiSka (Bosanska GradiSka).......................................... 715
7.1.59.0. GradaEac........................................................................
.....717
7.1.60.0. Kakanj ..........................................................18............
........7
7.1.61 0. Krupa na Uni......................................................................719
7.1.62.0. Sanski Most ...................................................721..................
7.1.63.0. Teslic.............................................................728..........
...........
7.1.64.0. Territory of FRY .................................................................
7.2. DELIBERATE INFLICTING ON SERBS CONDITIONS OF
LlFE CALCULATED TO BRING ABOUT THElR PHYSICAL
DESTRUCTION ANCI CAUSING SERIOUS BODILY OR MENTAL
HARM ......................................................
...............731.
7.2.1 .0. Celebici .........................................................................
...743
7.2.2.0. Musala in Konjic .......................................................... 750
7.2.3.0. LjubuSki ......................................................754................
...
7.2.4.0. Dretelj........................................................763..............
......
7.2.5.0. Goraide .....................................................784................
...
7.2.6.0. Sarajevo .....................................................795................
...
7.2.7.0. Duvno (Tomislavgrad) .....................................819.............
7.2.8.0. Livno .........................................................821.............
........
7.2.9.0. 6osansk:a Posavina Region ............................826.........
7.2.10.0. Odiak .....................................................
829...............
7.2.10.1 Torture and bodiiy injuries ................................829...........
7.2.11 0. Brod (Bosanski Brod) ...................................846............
7.2.1.2.0 OraSje-Donja Mahala ......................................860.............
7.2.13.0. BrEko ....................................................
..880..............
....................................................................
7.2.14.0. Kotor \/aroS 888
7.2.15.0. Derventa ....................................................889.................
..
7.2.16.0. Zvornik ......................................................897...............
..... ....
7.2.17.0. Hadzici ........................................................898..............
.......
7.2.18.0. Kladanj ........................................................925..............
.......
7.2.19.0. Tuzla .........................................................................
..........927
7.2.20.0. GradaCac ......................................................932................
....
7.2.21 .0. Jajce ...........................................................933...........
...........
............................................................................
......
7.2.22.0. Banovici 938
7.2.23.0. f ivinice........................................................939..............
.......
7.2.24.0. Trnovo ........................................................940..............
........
7.2.25.0. Lukavac .......................................................942...............
......
7.2.26.0. Medjedja ......................................................943................
.....
7.2.27.0. Travnik ........................................................944..............
.......
7.2.28.0. Srebrenica ....................................................946..................
7.2.29.0. Visoko ........................................................947..............
........
.........................................................................
........
7.2.30.0. Mostar 949
7.2.31 0. Zehica .....................................................
.964..............
7.2.32.0. Vitez .....................................................
....972...........
7.2.33.0. Kupres ........................................................973..............
........
7.2.34.0. Jablanica ......................................................975................
....
.......................................................
................
7.2.35.0. Fojnica 976
7.2.36.0. Breza ..........................................................976............
..........
7.2.37.0. Novi Travnik ......................................................
77..............9
7.2.38.0. BusovaCa .....................................................977.................
...
7.2.39.0. Bugojno .........................................................................
......979
7.2.40.0. Hrasnica ......................................................979................
.....
7.2.41.0 Bihac ..........................................................983............
...........
7.2.42.0. Kakanj ........................................................984..............
........
.........................................................................
.........
7.2.43.0. Konjic 984
7.2.44.0. TeSanj ........................................................985.............
.........
7.2.45.0. Banjaluka .....................................................985................
....
7.2.46.0. Rapes causing serious bodily and mental harm to
Serb women .............................................................986........
...............
7.2.47.0. Forensic-medical documentation ...........................986.........
7.3. ETHNIC CLEANSING ........................................................993..
7.3.1.0. Olovo ........................................................................
...........993
7.3.2.0. Livno ..........................................................994...........
............
7.3.3.0. Tuzla ...............................................................95.......
...........9
7.3.4.0. Travnik ........................................................998.............
.........
7.3.5.0. Zenica........................................................................
.......... 999
7.3.6.0. Srbinje (FoCa) .............................................1000................
7.3.7.0. Konjic ........................................................1000............
........
XII 7.3.8.0 M.ostar, Capljina. Stolac and Jabla...............1001.......
7.3.9.0. Derventa.........................................1002...........................
..
7.3.10.0.Bratunac.and Srebrenica..........................1002.................
...
7.3.1.0. Banovici.........................................1002...........................
...
7.3.12.0 S.arajevo........................................1002...........................
..
7.3.13.0.Visoko............................................004.........................
....
7.3.4.0. Hra. .ca...........................................06..........................
7.3.15.0 fvinice..........................................1006..........................
....
7.3.16.0 V.iSegrad.......................................1007............................
.
7.3.17. B0.sanska Posavina...............................1009......................
7.3.18.0.rod (Bosanski Brod)..............................1010.....................
7.3.19.0.Odiak ...........................................1013.........................
......
7.3.20. O0raSje..........................................1022.........................
.......
7.3.2.1.Goraide ..........................................1025...........................
...
7.3.22.0 C.azin...........................................1026..........................
......
7.3.23. G0ornji Vakuf.....................................1027............................
7.3.24. Kozarska Dubica (Bosanska Dubica)..............................
7.3.25. B0Eko ............................................1033.........................
........
7.4. DESTRUCTION OF PLACES OF WORSHIP OF THE
SERBIAN ORTHODOX CHURCH ...........................1035...............
GENERAL CONCLLISIONS ..................................1079...................
LIST OF ANNEXES. .........................................1087...... INTRODUCTION
1.0.0.1. This Ciounter-Memorialfiled by the Government of the
Federal Republic of 'r'ugoslavia, in accordance with the Order of the
lnternational Court of Justice dated 23 July 1997,
includes Counter-
Claims.
1.0.0.2. By its Judgment of 11 July 1996 the lnternational
Court of Justice "firids that, on the basis of Article IX of the
Convention on the Prevention and Punishment of the Crime of
Genocide, it has jurisdiction to adjudicate upon the dispute". The
Court "dismisses the additional bases of jurisdiction invoked by the
Republic of Bosnia-Ht:rzegovina". (ICJ, Application of the Convention
on the Prevention and Punishment of the Crime of Genocide, Bosnia
and Herzegovina v. \tugoslavia, Judgment of 11 July 1996, pp. 29,
30)
1.0.0.3. The lnternational Court of Justice limited its
jurisdiction to the questions covered by Article IX of the Convention
on the Prevention ,and Punishment of the Crime of Genocide
(hereinafter: the GenoscideConvention), which reads:
"Disputes betl~een the Contracting Parties relating to the
interpretation, application or fulfilment of the present Convention,
including those relating to the responsibility of a State for genocide or
for any of the other acts enumerated in Article III, shall be submitted
to the lnternational Court of Justice at the request of any of the
parties to the dispute."
1.0.0.4. By its Memorial the Applicant submitted that the
Federal Republic of Yugoslavia violated "directly or through the use of
its surrogates" the Genocide Convention and is therefore responsible.
Accordingly, the Aplplicant should present the facts of alleged
breaches of the Genocide Convention committed by the Federal
Republic of Yugoslavia "directly or through the use of its surrogates"
and prove these factis. The Applicant has not submitted a minimum
facts sufficient to come to a conclusion of the existence of the
alleged breaches of the Genocide Convention. Neither has it
submitted minimum fa.ctswhich would be enough to conclude that the
alleged acts have becsncommitted "directly or through the use of its
surrogates" by the Federal Republic of Yugoslavia. Bosnia andHerzegovina has not submitted any valid evidence to prove the facts
described in its pleadings.
1.0.0.5. This Counter-Memorial includes two parts. Part One
responds to the allegation of the Applicant presented in its pleadings.
It contains the following six chapters: Chapter 1: General overview of
allegations submitted by the applicant; Chapter II : facts relevant to
the attribution of acts to a state; Chapter III : The policy of the
Federal Republic of Yugoslavia towards the Republic of Srpska and
Bosnia and Herzegovina; Chapter IV : lnterpretation of the rules of
the 1948 Convention on the prevention and punishment of the crime
of genocide; Chapter V : Attribution of acts to the state; Chapter VI :
Rules on proofs
Part Two (Chapter VII) includes counter claims and is divided
in five sections: Direct und public incitement to commite genocide;
Deliberate killing of the civilian population and captured persons of
Serb nationality; Deliberate inflicting on Serbs conditions of life
calculated to 'bring about their physical destruction and cousing
sirious boduly or mental harm; Ethnic cleansning; Destruction of
places of worship of the Serbian Ortodox Church.
Counter-Mernorial ends with General Conclusions and
Submissions. PART ONE
DENIAL OF FACTS AND ADDITIONAL FACTS
CHAPTER I
GENERAL OVERVIEW OF ALLEGATIONS SUBMITTED BY THE
APPLICANT
Section 1 - Evidence and Information Submitted by the Applicant
Do Not Satisfy Applicable Legal Standards
1.1.1.l. The Applicant States that "the rules guiding this
presentation of evidence are those established by this Court. More
specifically, Bosnia and Herzegovina will rely primarily on the rules
set out in the Corfu Channel case ...and Nicaragua case ...to guide
its presentation of the best available evidence as well as to apprise
the Federal Republic of Yugoslavia ...of its duty to present such
relevant evidence as is primarily accessible to its authorities."
(Memorial, para. 1.,3.0.7.) But, the Applicant has not presented
anything that could ble taken as proper evidence in legal proceedings.
1.1.1.2. The Applicant quotes some parts of the statements of
witnesses or refers to the statements of witnesses. But the Applicant
has not submitted ariy of the statements in their integral and original
written form. Even lquoted parts of the statements are sometimes
reduced to the words suitable to the Applicant's needs. In most cases
there is no information to whom, when and under what circumstances
and in what proceedings the statements were made. Consequently, it
is not possible to establish real content of the statements of
witnesses. 1.1.1.3. Even in the Case of Borislav Herak (See para.
1.2.1.24. of the Counter-Memorial), tried and sentenced to death by
the Court in Sarajevo, the Applicant has not submitted his statements
made to the competent investigators, to the Court, records of
proceedings before the Court, nor the judgment of the Court. Instead,
the Applicant referred to the statements of Herak made to journalists.
(Application, paras. 44H, 441, 44J, 44K, 44L, 44M, 44N, Memorial,
para. 2.2.2.13; 2.2.4.6;)
1.1.1.4.It seems that most statements used by the Applicant
in its pleadings have not been made in the proper proceedings
according to the applicable local law.
1.1.1.5. There are nurnerous allegations such as the
following: "ln one such instance of genocide, Dr. Filipovic -a member
of the Bosnian Government - in his press release on 16 October
1992, stated that as many as 5,000 bodies were cremated in a
furnace at the TomaSica iron ore mine, according to eight eyewitness
accounts ...People who have escaped from the Prijedor mine report
that some 20,000 people were killed there and that the bodies were
covered with mining debris." (Application, para. 27, pp. 14,16) The
Applicant has not submitted any piece of evidence to prove quoted
allegations. Is it really possible that the Applicant believes that mere
allegations made by anyone, even by a member of the Government
of Bosnia and Herzegovina, without any evidence, are sufficient to
prove the existence of genocide?
1.1.1.6. Information contained in quoted parts of statements is
very scant in most cases, consisting one or a few sentences. There
are only a few exceptions with longer quotations from statements.
Very often there is no information about the time and place of
alleged events or ethnicity of victims. Because of this it is very
difficult to establish and verify facts relevant to the particular cases.
1.1.1.7. Besides, the presented statements of one or two
witnesses relating to the same event are often contradictory and in
disagreement with respect to essential facts. According to common
judicial standards, submitted evidances would not be sufficient to file
an indictment in regular court proceedings.
1.1.1.8. The Applicant refers to reports of foreign
Governments. However, there is no explanation as to the sources of
information presented in their reports. Some foreign Governments fully
reproduced information received from Bosnian Muslim sources without
checking its veracity. It seems that production of such reports was
influenced by the political interests of some Governments more thanby the needs of these Governments to serve impartial and
comprehensive justice.
1.1.1.9. The extent of legal effects of reports of non-
governrnental organizistions, referredto by the Applicant, is defined by
the Helsinki Watch document (Prosecute Now! Volume 5, Issue 12, 1
August 1993, Annex 7, Part 2 of the Annexes to the Memorial) in
which it issaid that "these case summaries alone may not suffice for
crirninal indictmen..." .
1.1.1.10. Risports of non-governrnental organizations
reproduced information received from Bosnian Muslim governmental
sources. This is confirrned by para. 73 of the Application: "Information
cornpiled from Bosriian governmental sources and forwarded to
Helsinki Watch, War Crimes in Bosnia-Herzegovina 44, 44-48 (1992)".
1.1.l. 11. In rriost cases, when the Applicant refers to foreign
sources of information, Bosnian Muslim sources are the real source
of information. Foreign media or foreign governments transmitted
information produced by Bosnian Muslim sources. So, the Application,
para. 33.
1.1.1.12. It seems that the Applicant has in its possession
some evidence which has not been included in its pleadings. During
oral hearings concerning the preliminary objections raised by the
Respondent one of the CO-agentsof the Applicant spoke about thern.
(See Record of the ICJ public sitting held on 1 May 1996, CR 9618,
pp. 44,45). It is not clear at what stage in the proceedings the
Applicant intends to submit them to the other side. The Applicant
believes perhaps, thait it is not obliged to submit its evidence to the
other side for examination and answer.
1.1.1.13. Having in mind that the Applicant has not submitted
the Case in the form corresponding to the applicable legal standards,
it appears that the ,l\pplicant believes that thepress, some foreign
governments and, possibly, some organs of international
(governmental or non-governmental) organizations have established
the relevant facts, so there is no need for the Court to do it. Such a
belief is unreasonable and causes serious problems to the
Respondent properly answering the Case. 1.1.2. ldentity and Number of Victims
1.1.2.1. The Applicant has submitted no data about victimis,
except about their ethnicity. In some cases even the ethnicity of
victims is not indicated.All pleadings of the Applicant contain only a
few names of victims.
1.1.2.2. In spite of this fact, the Applicant has not hesitated to
raise the number of killed people to 200,000 or even 250,000.
(Memorial, para. 1.1.0.8, p.4) The applicant argues" ...figures which
are widely accepted indicate that the total number of people killed,
mainly Muslim but also Croat is around a quarter of a million, of a
total population of around 4.5 million. This takes into account the fact
that the bodies of many victims are still undiscovered. Documented
figures compiled by the Bosnia and Herzegovina lnstitute for Public
Health in February 1994 (from April 1992), and othe~s shed some
light upon the extent of suffering caused by the acts of the Serb
forces: 142,334 deaths (of whom 16,510 children), 161,755 wounded
(of whom 33,734 were children) ..."(Memorial, para. 2.1.0.8, p. 14;
Memorial, para. 2.2.2.1, p 30) Such allegations cannot be taken
seriously. According to the Report of the lnternational Committee of
the Red Cross of 1996, there are about 19,000 missing persons in
Bosnia and Herzegovina. This number includes missing persons of al1
nationalities i.e., Serbs, Croats, Muslims and others (Letter dated 14
April 1997 from the Secretary-General addresed to the President of
the Security Council, S119971310,14 April 1997., p 20 para. 93,
Annex No 1, p 2). If the Bosnia and Herzegovina lnstitute for Public
Health had a list of 142,334 deaths, in February 1994, it would be
appropriate for the Applicant to have submitted the names of the
victims including their whereabouts, conditions in which they were
killed and al1 other relevant information. Is it really possible that the
Applicant described in a few words alleged killings of four or five
persons indicating only their names and simply asserting that there
were 250,000 killed people while the lnstitute for Public Health of
Bosnia and Herzegovina had a list of 142,334 deaths?
1.1.2.3. Similarly, the allegations of the Applicant on daily
killings in Serb-run detention centers (Memorial, paras. 2.2.1.4;
2.2.1.5; 2.2.1.6; 2.2.1.17; 2.2.2.2; 2.2.2.3; 2.2.2.4; 2.2.2.12;) are very
far from reality. If one looks at the indictments of the lnternational
Tribunal for the Prosecution of Persons Responsible for Serious
Violations of lnternational Humanitarian Law Committed in the
Territory of the Former Yugoslavia since 1991, one can see that the
Prosecutor has collected evidence which helshe believed was enough
to file indictments against an incomparably smaller number ofcasualties. The case of Tadic proved that some evidence materials
collected by the Applicant were not sufficiant to prove the allegations.
1.1.3. Described Acts Cannot Be Qualified as Genocide
1.1.3.1. It is obvious that some acts described by the
Applicant, regardless of whether they have been proved or not and
without any further examinations, cannot be qualified as breaches of
the relevant obligations established by the Genocide Convention,
because they are not specified by the provisions of the Genocide
Convention. Alleged acts of aggression or interference in interna1
affairs are obviously outside the jurisdiction of the Court as
established by its Judgment of 11 July 1996.
1.1.3.2. The hostile acts committed against inhabitants of
towns can be serious war crimes or crimes against humanity, but not
crimes of genocide. Although the national structure of towns had
changed during the war, the towns in Bosnia and Herzegovina
nonetheless preserved their multi-ethnicity at the time. Due to this
fact, the perpetrators of acts like shelling or siege of a town could
not target only meinbers of one ethnic group. By its definition
genocide implies that an act is deliberately directed against members
of one ethnic or religious group.
1.1.3.3. The inain reason why the described acts cannot be
qualified as genocide is the absence of a genocidal intent. The
Applicant has not proved the existence of the genocidal intent in any
way. The Applicant has not tried to prove that the psychological
element, required by Article II of the Genocide Convention, existed on
the part of perpetrators of alleged acts nor to refer to objective
circumstances which would reveal the existence of the genocidal
intent.
1.1.3.4. In para. 31, p. 18 of the Application reference is
made to "the circumstances of the situation" which allegedly indicated
"that the actors 'intended to destroy, in whole or in part, a national,
ethnical, racial or religious group...But, the Applicant does not refer
to "the circumstances of the situation" in the partcular cases to prove
the existence of the genocidal intent. When the Applicant tries to do
so, as in paras. 72:,73 of the Application, the references to the
circumstances are not convincing.
1.1.3.5. Refe~rence in a general way to ethnic cleansing
cannot satisfy the obligation to prove the existence of the genocidal
intent. Ethnic cleansing is loathsome unlawful policy. But if the goal
of that policy is to repulse by force, including killings and torture,members of an ethnic or religious group from a certain territory, this
excludes "the intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, asuch". Or, at least, it does not
imply the existence of such intent.
1.1.3.6. Even the small number of facts referred to by the
Applicant, regardless of whether the Applicant's allegations are proved
or not, reveals the existence of reasons and motives of alleged acts
which are a far cry from the genocidal intent. It seems that revenge
or desire to neutralize the potential or real enemy was the real cause
of alleged acts.
1.1.3.7. On page 19 of the Submission of the Government of
Austria, circulated as United Nations document SI25377 of 6 March
1993 (presented as Annex 2 to Part 2 of the Memorial), it is said: "A
23-year-old refugee reports that many people who were politically
active or rather wealthy were killed or at least torturted." On page 20
of the same Submission it is said: "Another refugee talks about a
separation of prisoners into three groups: 'the first group were those
who had been politicaly active. These people, about 1000, were
immediately shot by the Serbs'. The second group consisted of
civilians and the third group of people who had participated in the
war on the Bosnian side." Even if these allegations are true, that
proves that there was no genocidal intent. If the killings did indeed
take place, they were motivated by the struggle against political
adversaries and not by an intention of killing members of an ethnic
or religious group.
1.1.3.8. On page 21 of the same Submission of the
Government of Austria of 6 March 1993 a would-be witness is quoted
to have said: "Once they shot 20 people who had tried to flee ....
They wanted to demonstrate that it was useless to flee...". If this is
true, it is evident that the execution was not carried out with a
genocidal intent.
1.1.3.9. On page 6 of the Third Submission of the
Government of the United States of America, circulated as United
Nations document SI24791 of 10 November 1992 (Presented as
Annex 3 to Part 2 of the Memorial), it is said: "He estimates having
carried 700 to 800 bodies during his imprisonment and commented
that those killed for personal revenge typically were decapitated". If
this staternent is true, it certainlyludes a genocidal intent.
1.1.3.10. On page 13, para. 30 of the report on the situation
of hurnan rights in the territory of the former Yugoslavia, prepared by
the United Nations Special Rapporteur, Mr. Tadeusz Mazowiecki,
circulated as United Nations document Al471666, SI24809 of 17November 1992 (presented as Annex 4 to Part 2 of the Memorial), it
is said: "According to other sources, the execution of these prisoners
is believed to have bc?ena reprisal for the death of the brother of the
liaison officer of thelocal Red Cross responsible for this facility, who
was killed in combat at Kozarac." If the execution was indeed carried
out, it is obvious that it was motivated by a reprisal and not by being
a member of an ethriic or religious group.
1.1.3.11. On page 14, para. 34 of the same report it is said:
"The administrators of these facilities, who are officiais of the army of
the Bosnian Serbs, niaintain that the prisoners are prisoners of war.
However, other obserders consider that most of them probably never
bore arms, and were detained simply because their age and Muslim
ethnic origin made them potential combatants in the eyes of the
Serbian authorities." If this is true, it certainly excludes a genocidal
intent.
1.1.3.12. On page 827 of the Third Report on War Crimes in
the Former Yugoslaviia, prepared by the Government of the United
States of America and published in the US Department of State
Dispatch, Vol. 3, No. 46, 16 November 1992 (presented as Annex 5
to Part 2 of the Memorial), it is said: "Upon arrival, al1internees were
questioned by one otf three inspectors who decided their fate. For
example, if a person was a member of the SDA or HDZ political
parties, he was executed at the camp. Other questions included
whether the person had foreign currency, gold, or weapons, or if a
neighbor might have any of these items. Without a signature from
either the police chieif at the camp, or one of the military officers, a
person could not bi: released. Approximately 1,000 people were
released from the camp when Serbs vouched with their lives - and
signed documents to that effect - that the internees would not leave
BrCko, discuss poli tic:^,or own weapons...". It transpires that there
was no intent to destroy members of an ethnic or religious group but
to neutralize the enennyin a civil war.
1.1.3.13. On page 827 of the same Third Report on War
Crimes in the Former Yugoslavia, prepared by the Government of the
United States of Awierica and published in the US Department of
State Dispatch, Vol. 3, No. 46, 16 November 1992 (presented as
Annex 5 to Part 2 of the Memorial), it is said: "About 50 men,
women, and children were killed in one case, allegedly in retaliation
for the death of 12 Cihetnikswho had bsen killed on the front." Even
if this allegation were true, it would exclude genocide because there
was no genocidal intent.
1.1.3.14. On page 805 of the Supplemental Report on War
Crimes in the Former Yugoslavia, submitted by the Government ofthe United States of America and published in the US Department of
State Dispatch, Vol. 3, No. 44, 2 November 1992 (presented as
Annex 19 to Part 2 of the Memorial), it is said: "A 16-year-old Muslim
interned at the Trnopolje camp, after having been raped three times,
asked her Serbian rapist, 'What are you doing?' He answered, 'That's
what your people are doing to us as well'." If this statement is true,
the reason of the rape was revenge and not an intent to cause
members of an ethnic or religious group a grievous bodily or mental
injury.
1.1.3.15. On page 13, para. 47 of the Document submitted to
the Human Rights Committee by the Applicant State, circulated under
CCPRICI89 and dated 27 April 1993 (presented as Annex 26 to Part
2 of the Memorial), it is said: "After fighting at Kozarac, the BH
TerritorialDefsnce formations that managed to escape from the
village attacked the village of Gonjevica at the begirining of June,
inflicting heavy.losses on the so-called Serbian Territorial Defence
Forces. Bent on revenge, the SDS extremists in Prijedor massacred a
number of Muslim and Croatian civilians, taking some of them in
truckloads in an unknown direction." Even if this statement were true,
itdenies the existence of genocide because the act was committed
as a reprisal and not with an intent to destroy members of an ethnic
or religiousgroup.
1.1.3.16. On page 920 of the Fourth Report on War Crimes in
the Former Yugoslavia, prepared by the Government of the United
States of America and published in the US Department of State
Dispatch, Vol. 3, No. 52, 18 December 1992 (presented as Annex 38
to Part 2 of the Memorial), it is said: "The Keraterm facility was
divided into four subdivisions or halls. The witness was in hall
number one. On July 22 or 24, a hall at the opposite end of the
facility was packed with prisoners from an area where heavy fighting
had taken place, and where the Serbs reportedly had sustained
heavy casualties. The Serbs machine-gunned to death about 200 of
the newly arrived prisoners in that hall." Even if this statement of the
witness were true, it cannot prove the existence of an act of
genocide because it is obvious that reprisal was in question.
1.1.3.17. On page 7 of Amnesty International document
"Bosnia-Hercegovina, Rana u duSi, A Wound to the Soul", January
1993 (presented as Annex 39 to Part 2 of the Memorial), it is said:
"20 September 1992 is described by AH in his diary as 'black
Sunday for Muslims'. This day marked the start of a four-day period
when around 30 civilian Muslims were deliberately and arbitrarily
killed in Bosanski Petrovac. It ended when over 2,000 Muslims left
Bosanski Petrovac in a convoy organized by the Serbian authorities.
It is unclear why the killings escalated at this time, although manyaccounts said that tlhey followed the reported deaths of 17 Serbian
soldiers at the front near Bihac which angered Serbian soldiers
returning to Bosanski Petrovac." Here again revenge is specified as
the reason so that the statement, if it were indeed true, could not
support the accusaticln that an act of genocide was involved.
1.1.3.18. In para. 34 of the Application it isaid: "On 16 May
1992, at least 83 Muslims were summarily executed by Serbian
paramilitary units in the village of Zaklopaca, which had been an
almost exclusively hiluslim village. By the account of one witness,
Najla Hodzic, the Serbian paramilitary units (Chetniks) clearly
committed acts of genocide. At 4.30 p.m. Serbian soldiers
approached Hodzic's house, and called Hodzic's brother-in-law Haso,
an "Ustasa". The Serb units ordered Haso to give up his weapons
(Haso was unarmecl at the time) and when he did not comply
immediately, he was shot and killed on the spot. This is an act of
genocide: the soldiers labelled Haso an Ustasa, indicating their
identification of him as a Musiim, and killed him immediately after
identifying him as a I\nuslim....Even if the statement of Najla Hodzic
were accurate it could not prove the existence of an act of genocide.
It is quite wrong to link the term "Ustasa" with the affiliation to the
Muslim group. During World War Two the majority of Ustasa were of
Croatian nationality. Only a small number of Ustasa were members of
the Muslim group. Fiesides, not al1 Muslims were Ustasa. Some of
them were members of the Partisan movement and some took no
part in armed formations at all. Accordingly, there was no practice in
the area of the foriner Yugoslavia to denote the affiliation to the
Muslim group with th'e term "Ustasa". It is evident that under the term
"Ustasa", the "Chetniks" in the said case had in mind an adversary in
an armed conflict and requested him to give up his weapons.
Consequently, if a murder was committed, it was not committed with
an intent to kill a member of the Muslim group, but to eliminate an
adversary in war. Th'erefore it is not possible to argue that an act of
genocide was involved.
1.1.3.19. Part of the statement of a Muslim woman, identified
as "AD 010", has been presented in para. 44.C of the Application. In
the part of the statement under "b", the witness testifies to captured
Muslims having beeni allegedly robbed. If the reason for the said act
was robbery, a genocidal intent is excluded and the allegation about
genocide cannot be upheld. In the part of the statement under "d" it
is said: "A friend of mine was kept in captivity because her husband
was fighting on the E3ihacfront...". The intention was to take revenge
or to blackmail, which is certainly a crime, but not genocide. In this
part of the statemerit the witness says that men were taken away
and kept in a detention camp and contacted their families after a
certain period of tinie. Women remained in the village which wasunder the control of the "Chetniks". This leads to the conclusion that
these acts were undertaken as a preventive action against potential
adversaries in armed conflict and that no act of genocide was
committed.
1.1.3.20. Parts of the allegation of a witness identified as
"004 JF" are presented in para. 44.D of the Application. It includes,
inter alia, the following part statement of the witness : "On the 30
May, 1992, was forcibly detained in Prijedor SUP at 9 p.m ...There
were about one hundered Serb soldiers in the room 'interrogating' and
beating us. They kept swearing at as saying 'You f..want a republic'
'You f... want a state', 'You want a f... Muslim state ..."Even if
assumes that the said allegations are true, it is evident that the
intention of those who committed the described acts was to settle
scores with their political adversaries with whom they were in armed
conflict and not to carry out the genocide of Muslims or Croats.
1.1.3.21. In para. 70 of the Application, the Applicant State
refers to the alleged destruction of Muslim villages and houses and
qualifies it as genocide. However, in the same paragraph it is stated:
"ln the village of Celinac, 17 houses occupied by Muslim families
were blown up in a single night, after reports were received that
some soldiers from the village had been killed in combat." The
Applicant has not proved the veracity of this assertion and the
Respondent denies that it is true, but even if it were, it is evident
that what is involved here is revenge and not a genocidal intent.
1.1.3.22. Having in mind the general policy of the authorities
of the Republic of Srpska, is not possible to trace the existence of
the genocidal intent. lmplementing the accord of three parties, the
Republic of Srpska closed most of its detention centers at the end of
1992 or at the beginnig of 1993, in spite of the fact that the other
two sides failed to comply the accord and did not close their camps.
In general, the authorities of the Republic of Srpska have always
allowed the transfer of women, children and elderly people from areas
exposed to war operations. The authorities of the Republic of Srpska
have usually permitted supply of the besieged places with
humanitarian relief. The Army of the Republic of Srpska did not carry
out military activities in Muslim areas which were not under the
control of forces under the command of Mr. Izetbegovic, for example,
the regions of Bihac or Tuzla.
1.1.3.23. This fact has been pointed out by numerous
publicists. Thus, Ted Galen Carpenter: "As columnist Charles
Krauthammer and other skeptics point out, what is going on in
Bosnia cannot accurately be termed genocide. lnstead of
exterminating members of ethnic groups, the Serbs have generallyexpelled thern frorn s,pecific territories as part of an effort to create a
'greater Serbia.'Although that is certainly a loathsome practice - and
has been accompanied by sporadic acts of murder - it hardly
constitutes genocide." (Ted Galen Carpenter, Serbia, Analogy ...and
Perspective, "The Washington Times", 12 June 1994, Annex No 2, p.
3)
Richard Cohen writes in the sarne tone: "...ethnic cleansing,
while indefensible, is not genocide, the atternpt to eradicate a people.
It is sornething else - an effort to rid certain Bosnian areas of
Muslims. It has been accompanied by killing and terror, but the Serbs
would be content for the Muslims simply to leave what they consider
to be Serbian areas,. The eradication of the Muslims as a people
does not appear to be a goal of the Serbian Bosnians." (Richard
Cohen, It's Not Holocaust, Rhetoric and Reaiity in Bosnia, "The
Washington Post", 2EIFebruary 1993, Annex No 3, p. 5).
1.1.4. The Acts Described by the Applicant Cannot Be
Attributed to the Federal Republic of Yugoslavia
1.1.4.1. Prescsnting the allegations about particular cases of
breaches of the obligations established by the Genocide Convention,
the Applicant has not substantiated thern with any fact which could
be relevant for the attribution of alleged breaches to the Respondent.
1.1.4.2. The Applicant went out of his way to obscure the
information on alleged perpetrators. The Applicant rnentioned only two
alleged perpetrators by name: General Ratko Mladic (Application,
para. 79) and Borisli~~Herak (Application, paras. 44H, 441, 44J, 44K,
44L, 44M, 44N, 87A, Mernorial, paras. 2.2.2.13; 2.2.4.6).
1.1.4.3. In the majority of cases the Applicant indentifies the
perpetrator as Serb(ian) forces ( Application, paras, 40, 446, 44D,f,
44E, 44F, 52, 59, 68C, 70, 72, 87A, Memorial paras. 2.2.1.4; 2.2.1.6;
2.2.1.9; 2.2.1.12; 2.:1.1.16; 2.2.1.21; 2.2.2.1; 2.2.2.4; 2.2.2.5; 2.2.2.6;
2.2.2.8; 2.2.2.11; 22.2.14; 2.2.2.15; 2.2.2.19; 2.2.2.20; 2.2.2.21;
2.2.3.1; 2.2.3.2; 2.2.3.4; 2.2.3.6; 2.2.3.8; 2.2.3.9; 2.2.4.1; 2.2.5.1;
2.2.5.2; 2.2.5.3; 2.2.5.5; 2.2.5.6; 2.2.5.7; 2.2.5.8; 2.2.5.9; 2.2.5.10; 1.1.4.4. The Applicant uses the term: Serb(ian) soldier(s)
(Application, paras. 41, 44D,a,b,k, 54, 57, 68A, 688, 68F, Memorial,
paras. 2.2.1.13; 2.2.1.20; luniformed and non-uniformedl 2.2.2.10;
2.2.3.3; 2.2.3.4: 2.2.3.6; 2.2.4.5;.2.4.1. p.46)
1.1.4.5. Also, the following terms are used to quolify the
perpetrators: (Serb) guards (Application, 44D,d,o,v, 44F,f, 60, 61, 62,
63, 64, 82A, Memorial paras.2.2.1.8; 2.2.1.14; 2.2.1.15; 2.2.1.19;
2.2.2.17; 2.2.3.7), bearded soldier (Application, paras.32), Serbian
paramilitary units (Chetniks) (Application, para. 34), Serb unit forces
(Application , para. 36), Serb units (Application, para. 36) Serbian
unit snipers (Application, para.36), Serb militia forces (Application,
para. 38), Serbian nationalist forces (Application, para. 87A), Rebel
Serbian Forces, (Application, para. 87A), Serbian guerrilla units
(Application, para. 87A,), Serbian guerrilla forces (Application, para.
87A), Serb hordes (soldiers) (Application, paras. 44D,c,t, 44F,d), Serb
torturers (Application, paras. 44D,e,m,p,r,), Specijalci soldier
(Memorial, paras. 2.2.1.19), Serbian police (Memorial, para. 2.2.1.19),
a young woman, (Memorial, para. 2.2.1.19), Serbian irregular soldiers
(Application, para. 87B), Chetniks (Application, paras. 44C, Memorial,
paras. 2.2.1.19; 2.2.5.8), Serbians wearing Chetnik garb (Application,
para. 72), Serb(ian)s (Application, para. 44D,a,g,i,j,l,n,q,u,w, 44F,e,g,
56, 81, 87A), Serb civilians (Application, paras. 44F,f,h), Serbian
armed forces (Application, paras. 48, Memorial, paras. 2.2.4.8),
"Serbian Army" and police officers (Memorial, para. 2.2.1.15), Serbian
fighters (Application, paras. 55, 87A, Memorial, paras. 2.2.2.13;
2.2.4.7), Serbian nationalist fighters (Application, paras. 87A) and
Serbian soldiers who were wearing uniforms bearing white eagles
(Memorial, para. 2.2.3.7).
1.1.4.6. When referring to camps, the Applicant uses the
terms: Serb-run detention centres (Application, para. 70), Serb-run
camps (Application, para. 71), Serbian camps (Application, para.
74), Serb operated camp (Memorial, para. 2.2.1.11) and Serbian
concentration camps (Application, para. 87A).
1.1.4.7. In al1 above indicated particular cases the Applicant
does not refer to any specific fact which could be of relevance to the
attribution of alleged acts to the Respondent. Putting aside the
veracity of the indicated allegations, one wonders whether it is realy
possible that the Applicant believes the adjective "Serbian" is
sufficient to attribute alleged acts to the Respondent? The Applicant
probably finds grounds for such a belief in its absurd theory of
agency according to which al1 Serbs in the Republic of Srpska are
"agents" or "surrogates" (?!) of the Respondent? It is clear that such
an approach of the Applican?is without any foundation in the relevant
rules of international law. 1.1.4.8. The Applicant also refers to the group controlled by
Zeljko Raznjatovic (Application, paras. 68D, lprobably under the
control of Arkanl Memorial, paras. 2.2.2.12) and Serb paramilitary
forces led by Zeljko Raznjatovic (Arkan) and Vojislav Se~elj
(Memorial, paras. 2.2.1.17), Paramilitary groups from Serbia
(Application, para. 37') and Serb(ian) paramilitary forces (Application,
paras. 36, Memorial, paras. 2.2.2.2; 2.2.2.9). Allegedly, these
paramilitary groups wlere "acting under orders" of Yugoslav authorities.
(Memorial, para. 2.3.4.6, p. 70). This assertion is not based on facts.
The Applicant has riot submitted any proper evidence to prove it.
Furthermore, such a general assertion is not sufficient for the alleged
acts of the said gr'oup to be attributed to the Respondent. The
Applicant should prove that the said groups were acting on the
orders of the Respondent when they allegedly committed the
described acts.
1.1.4.9. The Applicant also refers to the Serbs in JNA
(Yugoslav Peoples Army) uniforms (Application, para. 68E, Mernorial,
para. 2.2.4.2), Serbian soldiers whose uniforms bore the initial 'SMP'
upon them (Memorial. para. 2.2.4.3). Without checking the truthfulness
of the allegations, it(:an be rernarked that even the Applicant did not
Say that they were members of the Yugoslav Army. The Applicant
said "the Serbs in JNA uniforms". The difference is very important in
view of the fact that JNA uniforms were widely distributed to a large
number of fighting ;ige population, members of the local territorial
defence units, during a long period before the beginning of the civil
war in the former Yugoslavia.
1.1.4.10. The Applicant also alleges as perpetrators "former
Yugoslavian (military) forces (or their surrogates)" (Application, paras.
75, 77, 80) indicating by the term "former" that the said forces were
not under the command of the Yugoslav authorities at the time when
the described acts were allegedly cornmitted.
1.1.4.11. In a.few cases, the Applicant refers to JNA forces
(Memorial, paras. 21.2.2.18; 2.2.5.4), JNA unit, (Memorial. para.
2.2.5.3), JNA troopis (Memorial, para. 2.2.5.12), Yugoslav Army
(Application, paras.32, 87B), Serbian forces from the VJ (Yugoslav
Army), (Memorial, para. 2.2.5.14), Yugoslav Federal Specijalci,
(Mernorial, para. 2.2.1.19), the authorties in Serbia (Memorial, para.
2.2.6.2) and Yugoslav authorities (Memorial, para. 2.2.5.9). These
allegations of the Applicant are not based on facts. The Applicant did
not prove the participation of the JNA forces in any of the alleged
acts. The cases in which "the authorities in Serbia" and "Yugoslav
authorities" were allegedly involved, even if they were proven, cannotbe qualified as breaches of the obligations established by the
Genocide Convention.
1.1.4.12. The Applicant refers to "Yugoslavia (Serbia and
Montenegro) and its surrogates and agents", but in a very general
fashion. (Application, paras. 82, 83, Memorial, paras. 1.3.0.5; 1.3.0.6;
2.1.0.6). Such empty allegations uncorroborated by proper evidence
are immaterial for deciding on questions of attribution of acts to a
State. The Applicant made an exception in para. 87B of the
Application as well as in para. 2.2.6.5 of the Memorial. In these
paragraphes the concrete cases are presented. In para. 876 of the
Application, the Applicant quoted reports in the New York Times. But
the reports in the New York Times, even if they include statements of
officials of foreign Governments, cannot be considered as proper
evidence of alleged acts. Besides, the alleged acts, irrespective of
whether they are proven or not, are not covered by the Genocide
Convention.
1.1.4.13. The function of the Chapter 2.3 of the Memorial,
entitled "The Context of the Acts" is notquite clear. It seems that the
Applicant has tried to produce ideological and political background of
the alleged atrocities.It is a double failure. The allegations are not
founded on facts. And according to relevant rules of international law,
ideological and political background, as presented by the Applicant, is
without importance for the attribution of acts to a State. Hardly
anything contained in the Chapter 2.3 of the Memorial is related to
acts presented in Chapter 2.2 or in the Application in terms of the
relevant rules of international law.
1.1.4.14. Quoting the writings of Milan Vego, the Applicant
asserts that "The operational chain of command in the federal army
runs from the Supreme Defence Council ...through the General Staff
in Belgrade to the commander of: ... the 'Army of the Serbian
Republic of Bosnia and Herzegovina' ..."(Memorial, para. 2.3.6.6, p.
80) The Applicant probably hopes that al1 problems associated with
the imputability of acts to a Statecan be resolved by quotations from
works of "famous" military experts as are Milan Vego or James Gow.
But the Applicant has not explained what were the sources of
information of the distinguished experts. Do these gentlemen posses
supernatural power to see and know things that other people cannot
see and know or, is there perhaps some evidence? If there is
evidence, the Respondent should have an opportunity to examinate it
and answer accordingly. Without such an opportunity, there could be
no fair litigation. 1.1.5. Places of the Alleged Crimes
1.1.5.1. All places of alleged particular acts, when they are
indicated by the Applicant, are on the territory of Bosnia and
Herzegovina.
Section 2 - Denial of Separate Allegations of the Applicant
1.2. Allegationis Presented in the Application and Other
Pleadings, except the Memorial
1.2.1l. In para. 18 of the Application, the Applicant asserts
that "the Respondent's military and paramilitary forces and its militias
even bombarded and laid siege to Sarajevo ..." There were no
paramilitary forces or militias under the command or any other
influence of the Respondent. The Yugoslav People's Army did not
bombard or lay siege to Sarajevo. In April 1992, when the armed
rebellion of the Muslim and Croatian forces in Bosnia-Herzegovina
escalated into frontal attacks on the units of the Yugoslav People's
Army, fighting did tak:e place in Sarajevo, in which the units of the
Yugoslav People's Arrny took part but they defended themselves from
the attacks of the rebel forces. Acting in this way the units of the
Yugoslav People's Ariny observed the rules applicable to this type of
armed confiict. Besides, the bombardment or siege of Sarajevo
cannot be qualified as genocide. In the parts of Sarajevo under
Muslim control a large number of Serbs were held as ethnic hostages
throughout the war. In the definition of genocide it is assurned that
an act is consciously directed against members of an ethnic or
religious group. As regards the bombardment or siege of Sarajevo,
the perpetrator(s) of the acts could not, by committing them, attack
only the Muslims or the Croats living in Sarajevo without also
attacking the Serbs.
1.2.1.2. In p,aras. 19, 20 et al. of the Application, the
Applicant refers to th'e so-called ethnic cleansing. In para. 19 of the
Application, the Applicant points out that "the nearly 2 million Muslim
and Croat refugees /berel expelled from these Serb-held territories.
Victims spoke of the use of intimidation and violence to induce them
to leave their homes ..."None of the acts of "intimidation andviolence to induce them to leave their homes" constitute acts of
genocide since there is no genocidal intent. Ethnic cleansing is
certainly a crime against humanity but it cannot be defined as
genocide on the basis of the Genocide Convention.
1.2.1.3. In para. 23 of the Application, the Applicant states
that "Considering the manner of the aggression, confiscation of
documents and the consequences manifested by the aggression, it is
clear that the YugoslavlSerb aggression has been planned in
advance, with the objective of destroying Muslims within the nation
and occupying areas where they live." This allegation of the Applicant
is a perversion of truth. Yugoslavia did not commit or plan any act of
aggression against Bosnia-Herzegovina, nor was the destruction of
Muslims and the occupation of the areas where they lived the goal
of the policy of Yugoslavia.
1.2.2.4. The allegations presented in paras. 25 and 26 of the
Application to the effect that the behaviour of the Respondent is the
continuation of the policy of the Chetnik movement in World War
Two, the aim of which was allegedly to create "Greater Serbia" by
way of ethnic cleansing are unfounded. The Applicant provides no
source of the quotations presented in the said paragraphs. However,
even if the quotations were accurate, they are irrelevant to the
responsibility of the Respondent from the point of view of international
law.
1.2.1.5. In para. 27 of the Application, the Applicant makes
some general assertions which are not accurate. The Applicant goes
on to Say: "ln one such instance of genocide, Dr. Filipovic - a
member of the Bosnian Government - in his press release on 16
October 1992 stated that as many as 5,000 bodies were cremated in
a furnace at the TomaSica iron ore mine, according to eight
eyewitness accounts. Some witnesses report that people were burned
alive in the furnace (identities of the witnesses are known to the
Bosnian Government). People who have escaped from the Prijedor
mine report that some 20,000 people were killed there and that the
bodies were covered with mining debris." These assertions of the
Applicant are not true. The Applicant has provided no legally valid
piece of evidence to prove the said allegations.
1.2.1.6. In para. 28 of the Application, the Applicant brings up
the allegations which are not true and which have not been proved in
a valid way.
1.2.1.7. In paras. 29 and 33 of the Application, the Applicant
refers to the destruction of buildings which served the economic,
religious and other cultural needs, aswell as housing requirements ofthe population in Balsnia-Herzegovina. These acts do not constitute
acts of genocide and cannot be attributed to the Respondent.
1.2.1.8. In para. 32 of the Application, the Applicant States
that "Shortly after the former Yugoslav army swept into eastern
Bosnia in April of 19!32, a bearded soldier climbed the minaret of the
Rijetanska mosque in the town of Zvornik, hung a skull-and-
crossbones flag out the window, and placed a cassette on the
recorder...". These and other assertions presented in the said
paragraph are not true. The fact is that the Yugoslav People's Army
began to withdraw from Bosnia-Herzegovina at the end of April 1992
and that its withdrawid was continuously obstructed by the attacks of
the Muslim and Ciroatian forces under the command of the
Government in Sarajevo. There were no "bearded soldiers" among
the members of the Yugoslav People's Army and the Yugoslav
People's Army possessed no flag resembling even remotely the
"skull-and-crossbones flag".
1.2.1.9. In para. 34 of the Application it is said: "On 16 May
1992, at least 83 fvluslims were summarily executed by Serbian
paramilitary units in the village of ZaklopaCa, which had been an
almost exclusively Mluslim village. By the account of one witness,
Najla Hodiic, the Serbian paramilitary units (Chetniks) clearly
committed acts of genocide. At 4.30 p.m. Serbian soldiers
approached Hodiic's house, and called Hodiic's brother-in-law Haso,
an "UstaSa". The Serb units ordered Haso to give up his weapons
(Haso was unarmed at the time) and when he did not comply
immediately, he was shot and killed on the spot. This is an act of
genocide: the soldie!rs labelled Haso an UstaSa, indicating their
identification of hirn as a Muslim, and killed him immediately after
identifying him as a Muslim." ...The assertions of the Applicant are
not true. The Applicai~t offered no valid proof to substantiate the said
assertions. Moreover, this act, even if committed, cannot be attributed
to the FR of Yugoslavia.
1.2.1.10. In para. 35 of the Application, the Applicant refers to
the reports accordirig to which Serb soldiers deliberately killed
helpless Muslims ciutside military targets and points out the
bombardment of Bihac as an example. These assertions are not true.
It is known that the \/ Corps of the Miislim army under the control of
Alija Izetbegovic and under the direct command of Arif Dudakovic
was deployed in Biha,c and that war was waged there between these
forces and the Muslim forces under the command of Fikret Abdic,
who, opposing Alija Izetbegovic's lslamic fundarnentalism, had
established the Autonomous Province of Western Bosnia. The
members of the V Corps under the command of Arif Dudakovic werequartered in Bihac, while the forces under the command of Fikret
Abdic held positions outside Bihac. As these forces were engaged in
fighting, it is obvious that some establishments in Bihac were
exposed to attacks.
1.2.1.11. In para.36 of the Application it is said: "The United
States Department also confirms the existence of intentional killings
of Muslims and Croats by Serbian paramilitary forces in the Republic
of Bosnia and Herzegovina." Even if there were intentional killings, it
does not mean that acts of genocide were involved. Besides, the
acts of the Serbian paramilitary forces cannot be attributed to
Yugoslavia and it cannot be responsible for these acts. It is further
said in the same paragraph of the Application that "State Department
spokesman Richard Boucher confirmed reports of the existence of
detention centres in Bosnia and Herzegovina where citizens are being
tortured and killed". This assertion, either, does not prove that an act
of genocide was committed. Similarly, the establishment of detention
centres in Bosnia-Herzegovina and the events in these camps cannot
be attributed to Yugoslavia and it cannot be held responsible for what
was going on there. Further on, it is said in the same paragraph that
"Serbian unit snipers opened fire on a bus transporting orphans out
of a city which resulted in the death of an infant and toddler". The
Applicant State produced no evidence that Serbian unit snipers had
opened fire. It is also silent about the fact that one of the killed
children was of Serbian nationality. This act cannot be qualified as
genocide, nor can it be attributed to Yugoslavia. The said paragraph
of the Application finishes with the following description: "ln the town
of Kozarac and surrounding villages (a predominantly Muslim area),
Serb unit forces attacked on 24 May with mortar and artillery in an
attack that lasted al1 night. The townspeople eventually surrendered
after hiding in the woods. They were released once they had forfeited
their weapons. The next day, however, the Serb units showed up
again and shelled the now defenceless villagers and townspeople". It
is evident that a conflict of belligerent parties was involved and that
the Serbian forces released the enemy after it had surrendered its
weapons. The reason for the subsequent attack and its effects are
not possible to perceive from the presented account. It is not
possible to conclude either that an act of genocide was committed,
nor is it possible to attribute theid act to Yugoslavia even if it was
indeed committed, which the Applicant has not proved.
1.2.1.12. In para. 37 of the Application, the Applicant asserts
that "recreational killings of Muslims and Croats occurred in the Serb-
run detention camps" and that these killings were allegedly committed
by paramilitary groups from Serbia. These assertions, as well as
many others made by the Applicant, remain unproved. But even if
they were true, the described manner of killing is certainly a crime,but it is not an act of genocide. Besides, such acts cannot be
attributed to Yugoslavia. The words of an unidentified witness are
quoted in the same paragraph to the effect that in one case a victim,
before being killed, was asked about religious affiliation. Not only has
this case not been proved, but it has not even been described in
more detail, thereforiv it is not possible to argue that an act of
genocide was comniitted on the basis of an assertion of the
Applicant, nor is it possible to attribute this act to Yugoslavia.
1.2.1.13. In para. 38 of the Application it is said that Serbian
militia forces massac~red200 Muslim refugees on a narrow mountain
track. The Applicant has produced no valid evidence to prove these
allegations. On the basis of what has been presented by the
Applicant it is not possible to conclude that this event did indeed
take place, but even if it did, it is not possible to argue that an act
of genocide is involved. If only male refugees were killed, it is an
indication that the initent was to eliminate a potential adversary in
armed conflict. This is certainly a crime, provided it did occur, but not
a crime of genocide. Besides, the described acts, even if they did
occur, cannot be attrilbutedto Yugoslavia, therefore Yugoslavia cannot
be held responsible for them. That these allegations of the Applicant
are devoid of any credibility is evinced by the following assertions,
contained in the sanie paragraph of the Application: "One witness
who was captured by Serb forces gave the following account of his
captivity: he saw at least 30 people taken to sewage canals where
their throats were ciit; he saw a doctor slit the throats of healthy
young persons, cut the organs and pack them in plastic bags, and
then put them in a refrigerator truck; he also saw how the guards
broke a prisoner's head with gun butts to spill the brains. They then
called the dogs to eat the brains." The Applicant has not produced
valid evidence to prove these allegations. The witness States that the
Muslims were killed in order to use their organs and describes what
he allegedly saw. It is not necessary to possess expert medical
knowledge to conclutje that the described manner of taking human
organs for transplantation is medically impossible.
1.2.1.14. The alleged killing of the Imam Mustafa Mojkanovic
is described in para. 39 of the Application. As in many other
instances, the Applicant has not produced adequate evidence to
prove the allegations. But even if the assertions of the Applicant were
true, this act cannotbe imputed to Yugoslavia.
1.2.1.1. The case described in para. 40 of the Application is
also devoid of any credibility:" One Muslim prisoner of a Serb-run
detention camp told of three prisoners beaten unconscious and then
revived with cold water. Then, one of the prisoners was forced to bite
the testicles off another." It is hard to believe that a man beatenunconscious and then revived by being poured with cold water would
be able to bite off the testicles of another man. But even if this act
did occur, it is not possible to conclude from what has been
presented that it was an act of genocide, nor could it be attributed to
Yugoslavia.
1.2.1.16. The assertions in para. 41 of the Application do not
correspond with the truth. The Applicant has not proved them. But
even if they were true, they indicate that killings were carried out
discriminately and that there did not exist a genocidal intent. The
report to the effect that 36 Muslim adults and 27 Muslim children
were thrown out of hospital and executed to make room for wounded
Serbian soldiers is untrue. Nothing of the kind happened.
1.2.1.17. The assertions in para. 42 of the Application,
contained in the said reports, are unfounded and untrue. The alleged
injuries of 43 Croats killed in the massacre in the city of Vocin are
exactly those that were typical of the injuries caused to Serbian
victims. Besides, the time of the alleged crime - January 1992 - is
unbelievable.
1.2.1.18. Unidentified witnesses are quoted in para. 43 of the
Application and it is asserted that they testified to alleged killingsof
Muslims. The Applicant has provided no data about the victims or the
perpetrators, the place and time of the alleged commission of the
crime, the circumstances under which the alleged crime was
committed, etc. The Respondent denies the allegations.
1.2.1.19. A Muslim woman's testimony is presented in para.
44.B of the Application; she "described the atrocities committed
against her and her family...".Even if the statement were true, and
the Applicant has not proved that it is true and the Respondent
denies it, it is evident that the intent with which the alleged act was
committed was the expulsion of Muslims, and that excludes genocide.
Besides, even if these acts were indeed committed, they cannot be
attributed to the Respondent and it is not responsible for them.
1.2.1.20. Part of the statement of a Muslim woman, identified
as "AD 010", has been presented in para. 44.C of the Application.
The statement is unconvincing with its story about a man who
survived execution even though he had sustained three wounds. He
managed to survive, living in the woods for two months (although he
had three wounds), and then he was caught again and has no longer
been heard of ever since. It is extremely unconvincing. Besides, it is
said that the perpetrators of al1 acts were "Chetniks". Even if the
allegations of this witness were true, the acts of "Chetniks" cannot be
attributed to the Respondent and it is not responsible for them. 1.2.1.21. Parts of the allegation of a witness identified as
"004 JF" are presented in para. 44.D of the Application. It includes,
inter alia, the following part the statement of the witness: "On the 30
May, 1992, was forciibly detained in Prijed~r SUP at 9 p.m ...There
were about one hundred Serb soldiers in the room 'interrogating' and
beating us. They kep't swearing at as saying 'You f... want a republic'
'You f... want a state', 'You want a f... Muslim state ..."The
Respondent denies al1the allegations contained in the statement of
the witness as untrue and unproved. But even if we assume that the
said allegations are true, it is obvious that the intention of those who
committed the described acts was to settle scores with their political
adversaries with whorn they were in armed conflict and not to commit
genocide of Muslim!; or Croats. Besides, these acts cannot be
attributed to the Resipondent and it cannot be held responsible for
them.
1.2.1.22. Part!; of the allegation of a young Muslim woman,
identified as "JK 001", are presented in para. 44.E of the
Application. In the quoted part of her statement she says: "When they
were searching rny home we were taken into the backyard and made
to stand in a row. They threatened to shoot us if they îound weapons
in the house...". Assuming that this statement is true, and the
Applicant has not p~rovedthat it is and the Respondent therefore
denies it, it points to the fact that the reason for the described
violence was related to the political and military conflict and not to
the intention of destroying the members of the Muslim or any other
ethnic or religious group.
1.2.1.23. Parts of the statement of a former inmate of the
detention centre, ideritified as "003 NA", are presented in para. 44.F
of the Application in which (under "eu) it is, inter alia, said: "Serb
guards, soldiers, civilians, interrogators.were incessantly humiliating
us verbally, swearing: ...'You f... Turkish bastards, you want a
state'.." In the sarn~ustatement under "h" it is said: "Often Serb
civilians were let into the concentration camp including women and
children. They would spit on us, Stone us, beat us with anything they
could lay their hancis on ..."The presented part of the statement
cannot be accepted as evidence for the allegations contained in it
and the Respondent denies them as untrue and unproved. However,
even if the allegatioris were true, the quoted parts of the stztement
indicate that the reason for the violence was the political and arrned
conflict, as well as revenge, and not an intent to destroy the
members of an ethnic or religious group. Besides, these acts cannot
be attributed to the Flespondent and it is not responsible for them. 1.2.1.24. Para. 44.H to 44.N of the Application relates to the
case of Borislav Herak, captured Serbian soldier, tried before a
Sarajevo court for the crimes he had allegedly committed. He
conceded before the court that he himself had committed some
crimes or described those that he had witnessed and that had
allegedly been committed with an intent to carry out "ethnic
cleansing". The veracity of his statement is seriously called in
question by the following facts. While he spoke about the crimes that
he or others had allegedly committed, those present in the courtroom
applauded him, treated him to various things and accepted his
statements with undisguised approval. Herak said to the journalist that
he had spoken to that he was afraid of being subjected to torture
once he completed his testimony before the court. The journalist
interceded with the Muslim authorities and was given assurances that
Herak would not be tortured (John F. Burns, Slaughter in the Name
of Serbia, the Guardian, 3 December 1992, presented by the
Applicant as Annex 38, Part 2 to the Memorial).
On the basis of the Herak's testimony the second accused
person, Sretko Damjanovic, has been sentenced by the same court in
Sarajevo because of the alledged murder of two brothers of Muslim
nationality. However, it has been established that these two brothers,
Kasim and Asim Blekic, are alive. (Chris Hedges, "Jailed Serbs
"Victims Found Alive", Embarressing, Bosnia", "The New York Times"
1 March 1997, Annex No 4,pp 7-8).
Obviously, Borislav Herak is a mentally affected person who
made his statements apprehensive that he would be tortured. The
following words of Herak are quoted in para. 44. of the Application:
"We were told that Ahatovici must be cleansed Serbian territory, that
it was a strategic place between llidia and Rajlovac ...".Even if one
assumes that Herak's statements are true, they cannot serve as
evidence that an act of genocide was committed considering that it
transpires from the quoted part of the statement that the reason for
the violence was of a military nature. The killing of the civilians, if it
did occur, is certainly a crime, but it is not genocide because there
was no genocidal intent. Besides, the acts quoted by Herak cannot
be attributed to the Respondent and it cannot be held responsible for
them.
1.2.1.25. In paras. 45 to 58 of the Application, the Applicant
refers to rape. In para. 47 of the Application it is said: "According to
investigations by both Amnesty International and the European
Council, the rapes and sexual abuses that are occurring in Bosnia
and Herzegovina are part of a deliberate and organized plan of
destruction of the Muslim people. This constitutes genocide under the
terms of the Convention." Parts of the reports of Amnesty
lnternational and the Council of Europe are presented in the
paragraphs that follow. In the quoted parts of these reports it is notstated that rapes are "part of a deliberate and organized plan of
destruction of the Muslim people". The Applicant has produced no
evidence that the quo1:edfigures of raped Muslim women are realistic.
These figures are suirely significantli exaggerated. It is questionable
whether an act of geriocide can be committed by rape, but even if it
can, the Applicant ha.s presented no such case and has not proved
in a valid way the existence of the elements of genocide. Besides,
acts of rape and sexual abuse cannot be attributed to the
Respondent.
1.2.1.26. Parts of reports on the infliction of serious bodily and
mental injuries on M~islims are presented in paras. 59 to 69 of the
Application, in which the Applicant asserts that the said injuries
constitute acts of genocide. The Applicant has neither presented nor
proved the existence of any case of genocide in the said paragraphs.
Nore can any of the cluoted acts be attributed to the Respondent.
1.2.1.27. In para. 70 of the Application, the Applicant refers to
the alleged destruction of Muslim villages and houses and qualifies it
as genocide. However, in the same paragraph it is stated: "ln the
village ofcelinac, 17 houses occupied by Muslim families were blown
up in a single night, after reports were received that some soldiers
from the village had been killed in combat." The Applicant has not
proved the veracity of this assertion and the Respondent denies that
it is true, but even if it were, it is evident that what is involved here
is revenge and not a genocidal intent. It has been reiterated several
times that the bombardment of Sarajevo cannot be qualified as
genocide considering that, in addition to Muslims and Croats, Serbs
also lived in the part of the city under Muslim control as ethnic
hostages. The other allegations from para. 70 of the Application are
unfounded, but everi if they were true, they do not prove the
existence of genocide, nor can the described act be attributed to the
Respondent.
1.2.1.28. In para. 72 of the Application, the Applicant refers to
the events which allegedly took place in the village of Skelani on 7
and 8 May 1992. It can be seen from the description that the said
events are related to the armed conflict between the two sides and
that the described acts were commited with the intention of
eliminating the enemy. The Applicant has not proved the veracity of
the allegations, but even if they were true, the described events
cannot be qualified as genocide, nor can the described act be
attributed to the Respondent.
1.2.1.29. In paras. 71, 73, 74 and 82.A, the Applicant asserts
that some events allegedly occurred in a detention camp under the
control of Bosnian Serb forces. In para. 73 of the Application it issaid: "As Serbian military officials in Banja Luka stated, the prisoners
are categorized, including a category for 'Muslim combatants'. The
following is a partial list of United Nations findings regarding some of
the camps: In Bosanski Novi: a football field is used as a holding
ground for Muslims while their houses are being searched by the
Serbian forces and the men of fighting age are transported to
concentration camps...". It is clear that detention camps were
established for different purposes and that the reason for their
establishment was not genocide. In any case, the establishment of
camps, including the events in them, cannot be attributed to the
Respondent and it is not responsible for them.
1.2.1.30. In para. 75 of the Application, the Applicant asserts
that ghettos were allegedly set up for the non-Serbian population. The
Applicant has not proved these assertions, especially the propriety of
likening those "ghettos" to the Nazi Warsaw ghetto and the
Respondent denies it. The Applicant has presented no evidence of
the existence of the elements necessary to argue that an act of
genocide has been committed. Accordingly, the quoted acts cannot
be qualified as genocide and cannot be attributed to Yugoslavia.
1.2.1.31. In paras. 76 and 77 of the Application, the Applicant
alleges that there was forcible deportation and forcible displacement.
The allegations, the veracity of which has not been proved by the
Applicant, do not indicate that genocide was committed, nor can
these acts be attributed to the Respondent.
1.2.1.32. In paras. 78 and 79 of the Application, the Applicant
refers again to the bombardment of Sarajevo. The bombardment of
Sarajevo cannot be qualified as genocide, because the acts of
bombardment could not be aimed exclusively at members of one
ethnic or religious group;these acts harmed equally al1 inhabitants
under the Muslim control in Sarajevo, many of whom were Serbs
held as ethnic hostages. Besides, the acts of the bombardment of
Sarajevo cannot be attributed to the Respondent.
1.2.1.33. In paras. 80 and 81 of the Application, the Applicant
asserts that the Bosnian Serb authorities attacked convoys
transporting humanitarian aid to the Muslim population and qualifies it
as genocide. The convoys were indeed held up sometimes as those
responsible in the convoys refused to allow that they be searched
because of a suspicion that weapons were smuggled in them for
Muslim forces, which was done occasionally. Convoys were
sometimes held up by the embittered Serbian population. However,
more often than not the convoys did reach their destinations. The
quoted acts cannot be qualified as genocide, nor can they be
attributed to the Respondent. 1.2.1.34. The Applicant filed on 22 March 1993 (probably on
22 March as the d'ate on the copy is not readily legible) in the
Registry of the Court two documents entitled "Supplementary
Submission in Support of the Application of the Republic of Bosnia
and Herzegovina instituting legal proceedings against Yugoslavia
(Serbia and Monteriegro) on the basis of the 1948 Genocide
Convention and in support of its Request for an indication of
provisional measures of protection". "The Agent of Bosnia and
Herzegovina explained that it had been intended that these be
included in, or annexed to, the Application or the Request for the
indication of provisicinal measures, but there had been insufficient
time for this to be done."(Letter dated 22 March 1993, sent by the
Registrar of the Court to the Minister for Foreign Affairs of the
Federal Republic of Yugoslavia). Both of these documents were
subsequently includetj in the Application lnstituting Proceedings Filed
in the Registry of ithe Court on 20 March 1993, printed by the
International Court of Justice, by having new paragraphs, denoted by
numbers and letteris, added to the initialApplication. One of
documents contains excerpts from press reports, primarily those of
"The New York Time.sV.Press reports, as well as statements of State
officials, are notvalid evidence to substantiate the assertions of the
Applicant. Accordingly, the presented assertions have remained
unproved and are untrue. Besides, nothing presented in this
document is related to the non-compliance with the obligations set
forth in the Genocide Convention. The said assertions are related to
armed conflicts in the territory of Bosnia-Herzegovina and armed
conflicts do not neceissarily constitute an act of genocide.
1.2.1.35. On 1 April 1993, the Applicant filed a new
"Supplementary Subinission in Support of the Application of the
Republic of Bosnia and Herzegovina lnstituting Legal Proceedings
against Yugoslavia ...on the Basis of the 1948 Genocide Convention
and in Support of Its Request for an lndication of Provisional
Measures of Protection". This Submission contains the information
published by some media on armed conflicts in the territory of
Bosnia-Herzegovina, as well as the statements made by some State
officials in this regard. What has been presented cannot be
considered proved. The presented assertions are not true. Similarly,
no information is related to the non-compliance with the obligations
set forth in the Convention on the Prevention and Punishment of the
Crime of Genocide.
1.2.1.36. The Request for the lndication of Provisional
Measures of Protection Submitted by the Government of the Republic
of Bosnia and Herzegovina, dated 27 July 1993 abounds in
information published in the media about the events in Bosnia-Herzegovina that took place after 20 March 1993. In this Request
either the Applicant has not provided anything that could be a valid
piece of evidence before the Court. Press reports cannot be valid
evidence before the Court. Not even by providing press reports was
the Applicant able to demonstrate in a valid way the existence of any
act which could be qualified as a non-compliance with the obligations
set forth in the Genocide Convention, still less that such an act
could be attributed to Yugoslavia. In this context, statements of State
officiaiscould be taken as testimonies of the policies of their
governments and not as valid evidence before the Court related to
the subject-matter of their statements.
1.3. Allegations Presented in the Memorial
1.3.1. Alleged Concentration Camps
1.3.1.1. The Applicant's allegations in Chapter 2.1. paras
2.1.O.1.-2.1.O.11. of the Memorial (pp. 11-15) are not based on facts
and the Respondent denies them.
1.3.1.2. The setting up of detention centres to which section
2.2.1. of the Memorial (pp.17-29) is devoted, is not in itself an act of
genocide.
1.3.1.3. The Applicant offers no evidence of the systematic
destruction of Muslims in "concentration camps" by Serbs. The
ferencing medicine expert opinion refered to in Part 2.2.1. of the
Memorial reads, inter alia, as follows:
"However, these statements-submissions are founded only on
eyewitness accounts and are followed with neither evidence nor
substantial proof. Namely, if there had been a mass burial in the
open pits of the mine, a medical forensic exhumation should be
performed in order to, first of all, establish the existence of a mass
grave, i.e to establish the number of those buried there, the cause of
their death, their sex and age.
(............)
"From the medical forensic standpoint, it results that the
Application first gives general conclusion,and then confirrns thern by
accounts of some witnesses. This is especially evident when the
mass executions, mass graves, mass torturing, etc. are the subject".(Sudsko-medicinska ekspertiza na Odeljak broj 2.2.1. TuibelMedical
forensic expertise related to the Section 2.2.1. of the Memorial,
Annex No 5, pp. 9-12113-16)
1.3.1.4. The Serbian authorities in the Republic of Srpska
operated a number of detention centres for a short time and then
dissolved them. The IMuslims and the Croats did not comply with that
obligation (See para. 1.1.3.22. of the Counter-Memorial).
1.3.1.5. On 31 December 1993, the International Committee of
the Red Cross had, in its "active records", the figure of 5,500
detainees, 40 per cent of them held by Bosnian Croat authorities, 25
per cent by the Government of "Bosnia-Herzegovina" (the Muslims),
13 per cent by the Elosnian Serbs and the rest by the forces of the
Autonomous Province of Western Bosnia - the Muslims of Fikret
Abdic. (Sixth Periodic: Report of the Special Rapporteur, Mazowiecki,
Doc. ElCN.411994/110, 21 February 1994, para 34, Annex No 6, p.
18). The Special Rapporteur goes on to state: "The camp in Batkovic
contained approximately 1.000 Muslim prisoners at the time of the
visit, housed intwo storage buildings, The prisoners did not complain
of ill-treatment and, in general, appeared to be in good health"
(Report of the Special Rapporteur Al471666, 17 November 1992, para.
29 Annex 7, p. 20).
1.3.1.6. The Serb forces could not have "made extensive use
of concentration camps" from the beginning of 1992 as asserted in
para 2.2.1.l. of the IMemorial (p.17), because that would mean from
January or February 1992. The Applicant itself, in "processing" three
detention centers makes mention only of the period of three months
of their "operation" in mid-1992. Besides, the war in Bosnia and
Herzegovina began iri April 1992. There were no concentration camps
on the Serbian side and the assertions of the Applicant that there
were 170 "such camps" imply that, in addition to the three of which
only superficial charges are made, there existed another 167, which
is absurd and cannot be proved at all.
1.3.1.7. As to the allegation that at least 14 camps were set
up in Serbia (section 2.2.1.2. of the Memorial), the Respondent refers
to the Report of the CSCE Mission to inspect alleged places of
detention in the Republics of Serbia and Montenegro, 13-18 January
1993 in which it is stated:
"1. On 13-14 August 1992, the Fifteenth Meeting of the
Committee of Senior Officials (CSO) of the Conference on Security
and Cooperation in Eturope (CSCE) decided to establish a rapporteur
mission to investigate allegations of grosshuman rights abuses in the
territory of the forrner Yugoslavia, with particular focus on thesituation in the Republic of Bosnia and Herzegovina. In coordination
with the International Committee of the Red Cross and the United
Nations Commission on Human Rights, the primary task of the
rapporteur mission was to ensure that al1 alleged places of detention
- irrespective of the nationality of the detainees - were inspected
within the shortest possible time."
"2. This humanitarian mission, headed by Sir John Thomson
of the United Kingdom, visited the Republic of Bosnia and
Herzegovina from 29 August to 4 September 1992 ..."
"3. The report of the Mission noted that the President of the
Republic of Bosnia and Herzegovina, Mr. Alija Izetbegovic, had
requested an investigation of a list of locations in the Republics of
Serbia and Montenegro which were allegedly places of detention for
Muslims. Although the mandate of the Mission was restricted to
Bosnia and Herzegovina, during a visit with the federal authorities in
Belgrade, the Mission was able to investigate one of those alleged
places of detention, a coal mine at Aleksinac in the Republic of
Serbia, where there was no evidence of detainees. This visit was
facilitated by the Federal Prime Minister, Mr. Milan Panic, who invited
the Mission to visit the remaining alleged places of detention and
who assured the cooperation of the authorities. Accordingly, the
Mission recommended follow-up action on the request of Mr.
Izetbegovié. (See the Thomson Mission report of September 1992,
p.18). On the basis of this recommendation, the Seventeenth Meeting
of the CS0 on 4-5 November requested Sir John Thomson to
nominate two or three of his colleagues to visit the remaining alleged
places of detention."
"4. In order to carry out this mandate, Sir John Thomson
asked Ambassador J. Kenneth Blackwell of the United States to head
the follow-up Mission. He was accompanied by Rapporteurs Dr. Ove
L. Bring (Appointed by the Swedish Ministry for Foreign Affairs) and
Mr. Payam Akhavan (appointed by the European Community
Presidency) to visit the Republics of Serbia and Montenegro from 13
to 18 January 1993. The purpose of the Mission was to investigate
those alleged places of detention contained in the list provided by Mr.
Izetbegovié, especially those which had not been previously visited by
competent international authorities. Accordingly, with the cooperation
of the federal authorities, as well as the authorities of the Republics
of Serbia and Montenegro, the Mission visited nine alleged areas and
places of detention."
(.................)
"34. On the basis of visits to the specific sites mentioned in
this report, the Rapporteurs have not been able to verify the
existence of any places of detention in the Republics of Serbia and
Montenegro" (Report of the CSCE Mission to lnspect Alleged Placesof Detention in the Republics of Serbia and Montenegro, Annex No 8,
pp. 21-36).
The places visited were: Prijepolje, NikSic, Bor, Sremska
Mitrovica, Sabac, Loznica, Mokra Gora, Subotica. There were no
camps in the territolry of the FR of Yugoslavia,
as alleged by the
Applicant.
1.3.1.8. Although in para 2.2.1.2. of the Memorial (p. 22), the
Applicant makes mention of five Serb concentration camps in the
territory of the Rep~iblicof Srpska,it proceeds to give specific data
only for three of the mentioned five. Protection centre in Trnopolje
was a place where local civilian people gathered to find shelter from
military operations taken in this area. The Centre in ManjaEa was a
place where mainly war criminals were gathered shortly before their
exchange. (Joan Phiillips, Who is making the news in Bosnia, The
Living Marxism, 12 May 1993, Annex No 9, pp. 3711 -3714).
a) Prijedor (Ornarska)
1.3.1.9. The Applicant asserts that 11,000 civilians were
detained in the detention centre of Omarska and invokes the Second
Submission to the Security Council made by Canada, 30 June 1993,
p. 15 (Sl26016). The figure of 11,000 detained civilians is not
specified in the annexes of the Second Submission as presented by
the Applicant. In his report of 17 November 1992 (Sl24809; Al471666,
p. 13), also presented in the annexes of the Applicant, United
Nations Special Rapporteur Mazowiecki States that approximately
3,000 persons, "maiinly Muslims", were detained in the detention
camp of Omarska. In Helsinki Watch Releases Eight Cases for War
Crimes Tribunal on Former Yugoslavia, vol. 5, lssue 12 of 1 August
1993 (p. 16), presented by the Applicant in the Annexes to the
Memorial, it is said that approximately 2,000 Muslims and a smaller
number of Croats were detained in Omarska.
There exists no reliable evidence as to the number of
detainees in the Report of United Nations Special Rapporteur
Mazowiecki of 17 hlovember 1992 and in Helsinki Watch Releases
Eight Cases for War Crimes Tribunal on Former Yugoslavia, vol. 5,
lssue 12 of 1 August 1993, while the Applicant made no effort
whatsoever to prove its figure of 11, 000 detainees. The Respondent
denies this allegatiori.
1.3.1.10. On the basis of a few would-be witnesses and their
statements, the Applicant asserts that between 1,200 and 2,000
people were killed in this detention centre (para. 2.2.1.4. of the
Memorial, p.22), hoinreverto that effect, it quotes the statement of
only one witness, who says that in 9 weeks "he was forced to takepart in burying between 700 and 800 bodies (para. 2.2.1.6. of the
Memorial, p.23).
The Information subrnitted by the Ambassador of Austria to
the Secretary-General of the United Nations of 6 March 1993
(Sl25377) and presented by the Applicant in the Annexes to the
Memorial, contains the staternents of a few would-be witnesses about
the killings in the detention centre of Omarska. All these witnesses
spent approxirnately the sarne period of tirne in the detention centre
(May-August 1992). However, the presented staternents differ in some
important points. One witness asserts that he saw 1,200 to 1,400
dead bodies, the other declares that he saw 2,000, while the third
says that he witnessed 50 executions and the fourth claims that he
saw 4 executions. The sixth subrnission of the Government of the
USA, presented as Annex 48, Part 2, to the Mernorial, contains a
staternent of a would-be witness to the effect that he spent the tirne
from 20 July to 6 August in the detention centre of Omarska and that
he testified to the killinig of 20 people in the detention centre.
The way they have been made, none of these statements can
be sustained as court evidence and the immense differences in the
perception of the same events which occurred within the same period
of time cast a serious doubt on their veracity. The Respodent denies
the veracity of the presented statements of the witnesses.
1.3.1.11. The Memorial itself provides essentially different
data. While in para. 2.2.1.4. (p. 22) it isid that frorn 1,200 to 2,000
people were killed, in para. 2.2.1.6. (p. 23) it is said that from 700 to
800 people were killed. The Respondent denies these allegations as
untrue and unproved.
1.3.1.12. The Respondent also denies the allegations of the
Applicant related to torture in the detention centre of Ornarska as
untrue and unproved. Besides, neither of alleged acts of killings or
torture or any other act commited in the detention centre can be
attributed to the Respondent.
1.3.1.13. The Bosnian Serb side was accused of "having shut
down the Ornarska camp under the pressure of the world cornmunity,
while in fact it transferred the prisoners to other camps" (para
2.2.1.10. of the Memorial, p. 24). The truth is that the Bosnian Serb
side shut down the detention centres and released the civilians and
since Ornarska was an investigation centre, those who were
ascertained to have participated in war operations and comrnitted war
crimes were sent on to PoW camp ManjaEa, i ubrzo nakon toga su
bili razrnenjeni. The Muslims released frorn the Omarska centre, kao i
oni iz ManjaCe immediately joined the infamous V Corps of the
Arrny of the Republic of Bosnia and Herzegovina.b) Prijedor (Keraterm)
1.3.1.14. The Applicant asserts that "media attention forced
the Serbs to shut 1...1down" this camp as well. (para 2.2.1.11. of the
Mernorial, p.25). It is true that the Serbs were the victim of an
unscrupulous media smear campaign, but it is also true that the
camps of al1 the three sides were supposed to be shut down
following an agreement reached in Geneva. The Bosnian Serb side
cornplied with the provisions of that agreement, the other two didn't.
The impression therefore was re-created that only the Serbs had
camps because they were the only ones to shut them down.
1.3.1.15. Para 2.2.1.12. of the Memorial (p.25) contains
insinuations that, prior to the arriva1of the Red Cross, and under the
pressure of media the Serbs had transferred 1,500 prisoners frorn this
centre to the protection centre at Trnopolje. The facts prove that
Keraterm was a detention centre in which investigation was carried
out of war crimes calmmited by the persons brought to this centre.
Therefore, the allegation of the Applicant that 1.500 persons were
transferred from Keraterrn to Trnopolje is probably true, because
those were the persons who were not proved that they had
cornrnitted crimes. Ti-iey were transferred to Trnopolje for the family
reunion, while those who wanted to leave the Municipality of Prijedor
were further transferred to the terrotory under the control of the
Muslim side..
1.3.1.16. The Applicant alleges that in camps and other
places the Serbs resorted to a policy of starvation which, in addition
to being unfounded, is cynical as well. At that time almost the entire
population of the Republic of Srpska was starving. The situation had
been created by the civil war, as well as by the sanctions imposed
by the United Nations Security Council, so that it was not possible to
provide more food to camp prisoners.
1.3.1.17. The Respondent denies the allegations of the
Applicant about the massacre that allegedly took place on 24 and 25
July 1992 at the Keraterm detention centre. These, as well as al1
other allegations, have not been proved in an appropriate way. On
the basis of the excerpts frorn the staternents of would-be witnesses,
presented by the Applicant, it is not possible to establish whatreally
happened on 24 and 25 July at the Keraterrn detention centre. Even
if a rnass killing did take place, the excerpts from the statements of
witnesses, presented by the Applicant, lead to the conclusion that this
act cannot be defined as genocide. In the statement of a 38-year-old
witness from Hambarina, identified as A.H., it is said: "Some were
already hallucinating from the heat, and a ruckus ensued. The guards
started shouting that they would shoot us. A general panic grippedthe room ..."Considering that, according to the presented statements,
the event took place in the evening of 24 July 1992 afler 8 p.m., i.e.
afler the sun had already set, the assertion that the heat was the
cause of the riot cannot be sustained.The same witness says that the
guards came to their room in the morning, adding: "They said that
they were looking for the leaders of the riot." By quoting the words of
the guard, the witness indicates that there was a rebellion.
1.3.1.18. In the description of the events, published in the
Third Subrnission of the Government of the United States of America
to the Secretary-General of 10 November 1992 (p.5), (S124791) and
presented in the Annexes to the Memorial, it is said: "On 24 July,
the prisoners in the room were given some water, but in the words of
one of the witnesses, 'they put sornething in the water' and the men
'became crazy'. Then something was shot through the window, which
produced smoke and gas. The prisoners began screaming and
pounding on the doors; some began to hallucinate and fight each
other. Others managed to force a hole in the sheet metal of a door
and started to escape the room, but were then killed by guards
standing outside;..."Poisoned water and a poisonous gas are given
here as the cause of the riot.
There is an evident diference in the description of the event
which allegedly happened that night.
1.3.1.19. The same event is referred to in the report on the
situation of human rights in the territory of the former Yugoslavia,
prepared by United Nations Special Rapporteur Tadeusz Mazowiecki
and circulated as United Nations document Al471666, SI24809 of 17
November 1992 (presented as Annex 4 to Part 2 of the Memorial),
on page 13, para. 30 it is said: "According to other sources, the
execution of these prisoners is believed to have been a reprisal for
the death of the brother of the liaison officer of the local Red Cross
responsible for this facility, who was killed in combat at Kozarac."
1.3.1.20. Accordingly, what is involved here is a rebellion of
the prisoners, so that suppression measures were taken, or an act of
reprisal. In any case, if the mass killing did take place, it is indeed a
crime, but it cannot be qualified as a crime of genocide because
there was no genocidal intent. Besides, itcannot be attributed to the
Respondent.
c) BrCko (Harbour)
1.3.1.21. The allegations of the Applicant with respect to the
BrCko (Harbour) detention centre are of such scope and character
that they escape serious court control. Except in one case, no
concrete event has been quoted and some assessments from variousreports on the number of killed people, alleged torture, rapes, etc. are
taken over instead. The Respondent denies al1 the allegations as
untrue and unproved.
1.3.1.22. If tlhe killed people were allegedly buried in mass
graves, the Applicant should present evidence, as well as the
evidence that they have been thrown into the Sava river since such
allegations are impossible to prove without corpses or eyewitnesses.
There is no witness in Bosnia-Herzegovina and the FR of Yugoslavia
that has seen such 21corpse. When the Serbs were killed and thrown
into the Sava river in World War Two, corpses could be seen along
the entire course of the Sava river and it was not possible to hide
them. The allegationis about incineration in furnaces and destruction
in local processing plants have been made with the intention of
calling up the atrocities of Nazi concentration camps without providing
any evidence whatsoever.
1.3.1.23. The Applicant refers to the Seventh USA Submission
(S125586), page 30, as the source of the allegation about the
existence of mass graves, but the indicated locations there do not
geographically belong to the BrCko area and are quite unknown.
1.3.1.24. In the Third Submission of the United States of
America to the United Nations Secretary-General of 10 November
1992, Sl24791, (page 7), referred to by the Applicant, it is said:
"Upon arrivai, al1 internees were questioned by one of the three
inspectors who decicled their fate. For example, if a person was a
member of the Party of Democratic Action or the Croatian Democratic
Community political parties, he was executed at the camp. Other
questions included whether the person had foreign currency, gold or
weapons or if a neighbour might have any of these items. Without a
signature from either the police chief at the camp or one of the
military officers, a person could not be released."
Ifthese allegations are true, they lead to the conclusion that
the alleged killings and torture at the detention centre cannot be
qualified as genocide since there is no genocidal intent. Obviously,
the intention was to eliminate a political adversary, which is a crime
if it indeed was comrnitted, but it is not a crime of genocide.
1.3.1.2!5. The Respondent denies as unfounded the
allegations of the Applicant that from 10-15 "Chetniks" - Yugoslav
federal policemen - took part in "daily events" at the detention centre
in BrEko (para. 2.2.1.19. of the Memorial, p. 28) The Applicant
provided no evidence whatsoever on the participation of the members
of the paramilitary uriits under the control of feljko Rafnatovic Arkan
or Vojislav Se~elj in the commission of the alleged crimes. 1.3.1.26. Upon analysis of the allegations presented in the
Memorial and of the available data, the Respondent maintains that
the Memorial does not prove that the operation of detention centres
was intended to destroy the "life, will, dignity and existence of the
Muslim people. Except at the Trnopolje protection center, only men
were held in the centres indicated by the Applicant. They were
prisoners of war from areas where the fiercest fighting took place
between the Muslims and the Serbs (Prijedor and BrEko). The
Memorial fails to prove the presence of children, women and the
elderly in detention center. The open and protective centre at
Trnopolje, where there were women, is an exception. In concluding
paragraph 2.2.1.21 of the Memorial (page 29), the Applicant bases its
assertions that genocide of "the systematic character of Muslim
victims" has been committed. This position is clearly at variance with
what normally happens in civil war, i.e. that al1 sides establish PoW
camps. To support its allegations, the Applicant readily invokes the
United Nations Special Rapporteur reports, but in doing so, it is
oblivious of those parts of the reports in which the Special
Rapporteur stresses that the setting up of camps was the practice of
al1warring parties. That this practice prevailed in this war is attested
by the agreements on PoW exchange on the principle of "al1for all".
In this context, it is recalled that, in the majority of cases, the Serb
side exchanged prisoners of war for Serb civilians incarcerated by the
Muslims without legal grounds and solely for the purpose of
exchange.
1.3.1.27. "The death camp story was a media sensation, but
journalistic standards were buried in the stampede to find parallels
with the Holocaust. When Roy Gutman and Maggie O'Kane first
wrote about 'death camps' and 'concentration camps' in Bosnia
neither one had visited the camps in question at Omarska, Trnopolje
and BrCko. Their stories about mass killings and torture were based
mainly on hearsay, double hearsay and speculation by less than
impartial Muslim officiai...The fact is that the Serbian detention
camps in Bosnia were of the sort that journalists could find in any
war zone in the world." (20 Things You Know about the Serbs That
Aren't True, Campaign Against Militarism, February 1994, No. 4,
Annex No 10, p. 39; Thomas Deichmann, Es war dieses Bild, das
die Welt in Alarmbereitxchaft versetzte, Novo, Nr. 26,
JanuaryIFebruary 19971The same article in English version "The
Picture that Fooled the World", LM,, Annex No 11, p. 40-50151 -61).
Simon Wiesenthal said that he rejected comparisons between
detention camps in Bosnia and Nazi concentration camps of World
War Two (Reuters, Serb Camps Unlike Nazis, Expert Says,
International Herald tribune 12/8/1992, Annex No 12, p. 62). 1.3.1.28. It was worth recalling that ITN was invited into
Omarska and Trnopolje by the Serbs. If Serbs had indeed operated
'death camps', would they have opened them up for inspection by the
world's media? (Joan Phillips, op.cit. Annex No 9).
1.3.1.29. Objective observers stressed thatthose pictures did
not at al1 confirm the "rumours being spread" aimed a war where
wholesale famine reigns. (Karl Anded Papadopoulos, "Sammanhanget
avgoer reaktionenW/l-he Connection Determines the Reaction,
Dagensnyheter, 21 September 1993, Annex No 13, pp. 63-65166-70).
1.3.1.30. "Bosnia's President has called them 'death camps',
but most Western leiaders have avoided the term, or rejected it, in
referring to detentiori centres run by Serb forces in Bosnia and
Herzegovina....
The State Department and the International Comrnittee of the
Red Cross have said their information suggests that the 'death camp'
label does not apply in Bosnia." (Conflict in the Balkans - Term for
Serbs' Camps Is Being Disputed, "The New York Times", 16 August
1992, Annex No 14, p. 71).
1.3.1.31. On :33 August 1992, "The New York Times" wrote
that American secret services which had redoubled and tripled their
efforts to establish what had been happening in prisoner camps, had
not managed to find any evidence of the systematic killing of
prisoners.
"Intelligence officials, noting that Mr. Bush renewed the order
last week, said they had 'redoubled and tripled' their efforts to
establish what had been happening in detention camps for Croats
and Muslims in areas seized by Serbian forces since April.
"The officials said they had reached roughly the same
conclusions as had IEuropean Community observers, United Nations
representatives and journalists in Bosnia: that killing and torture had
taken place at some of the Serbian camps but that there was no
evidence of systematic or institutionalized killing." (David Binder, U.S.
Finds No Proof of IMass Killing at Serb Camps, "The New York
Times", 23 August 1992, Annex No 15, p. 72).
1.3.1.32. James Harff, in an interview to Jacques Merlino on
how the world public was pitted against the Serbs by deception,
says, among other thiings: "We did not confirm the existence of death
camps in Bosnia, we just explained that News Day had published
that". (Jacques Merlirio, "Les verites yougoslaves ne sont pas toutes
bonnes a dire", Park, December 1993, Annex No 16, p. 74; and
Yohanan Ramati: "Tc1Stop the War in Yugoslavia", The Midstream,
New York, April 1994, Annex No 17, pp. 75-76). 1.3.1.33. The attempt to somehow link the FR of Yugoslavia
with the allegations from this chapter is unfounded and absurd.
1.3.2. Alleged Killing
1.3.2.1. Acts of shooting at civilians and shelling cannot by
themselves be qualified as genocide as their target have not been
the members of only one ethnic or religious group (para 2.2.2.5 of
!he Memorial, p. 31). Besides, since shooting and shelling often
occurred in response to actions carried out from abused non-military
facilities, the conclusions on legality of these acts cannot be reached
without careful examination of al1facts. In any case, the intention was
not to destroy part of or a whole ethnic or religious group. Also,
wounding and intimidation are confused in this section with the
category of killing and are without any basis qualified as genocide.
1.3.2.2. The "miserable life" of people in Srebrenica and the
phenomenon of refugees are, regrettably, cornmonplace in civil war. If
Muslims led a miserable life in Srebrenica, the life of Serbs under
siege in the villages around Srebrenica and Bratunac was even more
miserable.
1.3.2.3. The Respondent maintains that cultural genocide is
not known as a crime of genocide. The Respondent wishes to
emphasize that the Applicant has included cultural genocide in al1 its
accusations, even in the section on killing,in an attempt to
"reinforce" the impression that the Bosnian Serb side has committed
genocide (paras. 2.2.2.12 f, i; 2.2.2.17 and 2.2.2.19 of the Memorial).
1.3.2.4. Also, the Applicant classifies the cutting off of water
and power in Srebrenica (para 2.2.2.8 of the Memorial, p. 31) as
killing within genocide without any justification. However, it does not
Say that in the Eighth USA Submission, (Sl25969, 18 June 1993, p.
29, Annex No 18, p. 78) it is stated that the Serb forces cut off
water and power in retaliation for similar actions directed at Serb
villages before that, when these services were controlled by the
Muslims. When there was no electricity in the Muslim section of
Sarajevo, there was no electricity in the Serb section of Sarajevo
either. In this connection, it should be noted that. for example, power
was supplied to households in Banja Luka, Republic of Srpska, only
for two hours a day.
1.3.2.5. The United Nations Security Council Mission may
have had its reasons to cal1 Srebrenica an "open prison", but, as far
as the Serbs are concerned, the villages around Srebrenica and
Bratunac, Zenica, Tuzla, Mostar, Tomislavgrad or part of Sarajevowere "closed" prisons, because in those and other places under the
control of Muslim and Croat authorities, the Serbs were turned into
hostages, were not cielivered humanitarian relief and were subjected
to the most brutal torture and annihilation. The Mission does not Say
that in those parts the Serbs were first to be encircled and that
alrnost a year passetl before the first Muslims found themselves in a
sirnilar situation. No "slow genocide" of the Muslims was cornmitted
as the Mission alleges, claiming that the situation lasted a couple of
months. It was under much more difficult circumstances, brought
about as a result of the action of Muslirn forces in those parts, that
the Serbs spent almost a year in captivity and that al1 along, and
regrettably, the international community turned a blind eye to their
predicarnent.
1.3.2.6. General Ratko Mladic, Commander of the Republic of
Srpska Army, and General Sefer Halilovic, Commander of the Army
of the Republic of Bosnia and Herzegovina, signed on 18 April, 1993
an Agreement on the demilitarization of Srebrenica which contained:
"The opening of an air corridor between Tuzla and Srebrenica via
Zvornik for the evacwation of the seriously wounded and seriously ill",
as well as "hurnanita,rianaid will continue to be allowed into the city
as planned." (Agreement for the Demilitarization of Srebrenica,
Sarajevo, 18 April 1993, 5125700, pp. 15-16, Annex. No 19. pp. 79-
80).
1.3.2.7:The oft-repeated assertion in the Memorial that a
quarter of a million of Muslims were killed cannot be proved simply
by frequent repetitioris of the figure. Speaking of manipulations with
the number of the killed in the civil war in Bosnia and Herzegovina,
George Kenney says: "European rnilitary intelligence officers with
exstensive experience in Bosnia estimate fatalities at the mid tens of
thousands. From tlhese and other estimates by generally reliable
relief workers and given the arguments about the physical
impossibility of high numbers, I arrived at the range of 25,000 to
60,000 fatalities." (George Kenney: Thinned Accusations, The New
York Times Magazine, 23 April 1995, Annex No 20, p. 81).
1.3.2.8. The destruction of "mainly" Muslirn lives as alleged in
para 2.2.2.1 of the Mernorial (p. 30) cannot be an element of the
military and ethnoceritric strategy of the Bosnian Serb forces because
is a consequence of the civil war. Alija lzetbegovic
the loss of life
counted on victims among his people, he consciously and willingly
entered the war, sta1:ingthat he was ready to sacrifice peace for the
independence of Bosnia and Herzegovina and that he was willing to
sacrifice 1 million people for a state of 4 million. It seerns that he
has done nothing to Save the Muslim people. On the contrary, largernurnbers of Muslirn victirns served his goal of strenghtening religious
feelings of the Muslirn people.
1.3.2.9. In para. 2.2.2.2 of the Mernorial (p. 30) it is said: "At
the beginning of April 1992, more than 1,000 Muslim civilians were
killed by Serb pararnilitary forces in Bijeljina". The Report to the
United Nations subrnitted by the Permanent Representativeof Canada
of 10 March 1993, p. 14 (925392) has been referred to as evidence.
The report, inter alia, says: "4.6 Bijeljina (rnunicipality of Bijeljina,
East B-H), Alleqation: Surnmary executions of a large number of
Muslirn civilians at the beginning of April 1992 by Serbian
paramilitaries. This allegation was reported by a credible Canadian
source and two non-governrnental organizations. The Council of
Hurnan Rights and Fundarnental Freedorns (Republic of Slovenia)
provides the testirnony of one witness to the allegation. This report
does not specify the nurnber of people allegedly killed during the
incident. However, it was reported thatdead bodies were found in the
streets, later they were piled up and carried away. Hurnan Rights
Watch also reported the incident. Individual interviews with six
residents frorn Bijeljina were held on 4 June 1992 in the Republic of
Slovenia. They al1confirrned the allegation. No account of the nurnber
of wounded or dead due to the incident is provided. A credible
Canadian source also reports the allegation that approxirnately one
thousand Muslirns were killed in one day with no records of hostilities
taking place." And that is all. Does the Applicant really believe that
this is sufficient evidence to prove such a serious accusation of
killing of 1000 civilians? The Respondent denies this accusation with
indignation.
1.3.2.10. Bijeljina was the first place where the Muslirns rose
in arrned rebellion and took over the city on 1 April 1992. The
rebellion was preceded by a large-scale arming of Muslirns by the
Party of Dernocratic Action in 1991 and 1992 frorn Croatia via the
town of BrEko. This is attested to by staternents of Muslims who
prepared for and took part in the armed rebellion. (Criminal offence
charges filed by the Bijeljina Public Security Centre against 161
participants, No. 11-0212-230-1410 KU-175 of 18 May 1995 -
enclosures Nos: 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 27
and 63 - Committee, No. 575195,Annex No 21).
1.3.2.11. The Muslirn extrernists in charge of the arrning have
been identified. They are Alija SaraEevic, President of the Central
Board of the Party of Dernocratic Action for Bijeljina; Nerrnin Dujagic,
Hasan Tiric, Sahbaz Bilalic and Mensur HamziC (for Bijeljina) and
Faruk Adanalic, Mehrned Hrustanovic and Zuhdija BaCevac (for
Janja). The said persons ordered Muslim extremists to act resolutely
and ruthlessly. 1.3.2.12. Muslirn extrernists seized the weapons of security
services in a nurnber of enterprises, erected a nurnber of barricades
on 1 April 1992 in Bijeljina and Janja and killed a nurnber of Serbs,
Muslirns and Slovenians. (Zapisnik, br. 477193 od 23 avgusta
1993./Record, No 477193, 23 August 1995, Annex No 22, p. 83-
84185).
1.3.2.13. The Vugoslav People's Army decided not to interfere
so that the Serb population in Bijeljina organized themselves and
rernoved the barricades and re-established order by 4 April 1992.
Muslirn extrernists withdrew to Croatia frorn where they called on the
Muslirns to re-capture the town.
1.3.2.14 The Muslirn-dorninated radio and television of former
Bosnia and Herzegovina broadcast that over 3,000 Muslirns had been
killed in Bijeljina and the killing of over 1,000 Muslirn civilians at the
beginning of April 1992 is attributed to "Serb pararnilitary formations"
in para. 2.2.2.2. of the Mernorial. According to theeliable data of the
Public Security Centre!in Bijeljina, 41 persons perished in Bijeljina in
April 1992, 37 of theni were brought to the Medical Centre, where Dr.
Osman Hadiiornerovic, a Muslirn and Dr. MomEilo Krsrnanovic, a
Serb, perforrned a post rnortern on thern (IzveStaj O aktivnostirna
stanice javne bezbednosti Bijeljina, nakon uspostavljanja slobode i
mira u Bijeljini, br. 18,-3101-Sl92,11 april 1992.IReport of the Activities
of the Police Station of Bijeljina After the Restoration of Freedorn and
Peace in Bijeljina, No. 575195-35,Annex No 23, pp. 86-92193-100).
1.3.2.15. Of the total nurnber of persons killed, 6 persons
were Albanians, 4 of thern without a permanent place of residence in
Bijeljina, having corne on the orders of the Party of Democratic
Action. (They are Asirn Mandak, Rediep Meljarni, Hanijeta Pajaziti
and Mersirn Elrnazi, certificate of the Public Security Centre of
Bijeljina, No. 11-0911;207-50of 18 May 1995, Cornmittee, No. 575/95-
29, Annex No 24, p. 10011 -10012).
1.3.2.16 Muslirn extremists killed a retarded Serb youth
Mihajlo Lazarevic who wandered around the town. (Sluibena
zabeleSka, CJB Bijeljinal Official Note of the Centar of Public
Security, Bijeljina, No 11-0212, 26 April 1995, Annex No 25, pp.
1011102-103).
1.3.2.17. Muslirn extrernists' barricades in Bijeljina were also
rnanned by Albanians, who had received rnilitary training in Croatia,
whence arrns were procured, arnong others the "green autornatic rifle"
called "Sokac" with the mark "made in Croatia" on it. (Seized objects
and staternents of Muslirn witnesses to the effect that such machineguns were carried by Muslija Muslijevic, Bekir Dizdarevic, Zehrudin
Zehic, Mujo Sukilovic, Murat Sukilovic, Osman Sukilovic, Fikret
BiSanovic and others, (Cornrnittee, No. 575195, encs. 2. 4 and 12,
Annex 21; certificates of seizure of the "Sokac" guns, Cornrnittee
575195-35,Annex 23).
Muslims who are still living in Bijeljina and Janja also fought
on the Serb side. (Committee 575195,encs. 3 and 9, Annex No 21).
Numerous witnesses can testify that there had been no
detention centres for civilians in Bijeljina. Therefore, the facts
mentioned on the list of concentration camps and prisons in the
territory of Bosnia and Herzegovina with approxirnate number of
prisoners and detained persons on page 20 of the Memorial, are
false
1.3.2.18. Albanians trained in Croatia and armed with "green
autornatic rifles" called "Sokac" on which "made in Croatia" was
inscribed fought. on the side of the Muslirns in Bijeljina. That Muslim
forces within the extrernist organization called the Patriotic League
(PL-B&H) were rnaking preparations for armed attacks on, and for
taking over, cities and towns is attested to by the statement of the
arrested semior millitary officer of the sub-regional headquarters of
the PL, V. K., who asserts that he received orders from Sarajevo to
send PL paramilitary units to Bijeljina and Janja. He stated that for
that purpose he had contacted Mustafa Rarnic, President of the
Commune of Bijeljina, Reuf Ojed in GradaCac, Malkic Salih in
hinice, Hodiic in Tuzla and Tosumbegovic Dievad in Kalesija
(Izjava V. K.lStatement of V.K. given on 23 May 1992, Annex No 26,
pp. 104-13911 40-170).
1.3.2.19. The assertion in para. 2.2.2.3 of the Memorial (p.
30) that "about 15,000 people were either killed or imprisoned or
forced to work in the fields" is unaceptable as accurate because if al1
were forced to work, then none were killed. This is an
unsubstantiated and superficial accusation. As evidence for this
allegation, insufficiently specified for ordinary court proceedings, the
Applicant refers to "Human Rights Committee Report, 27 April 1993
(CCPRIC189)". In fact, reference is made to the Report that the
Applicant subrnitted to the Hurnan Rights Committe on 30 October
1992.
1.3.2.20. It is characteristic for the area of Bijeljina to which
these allegations pertain that after the fighting al1 the Muslirns
remained in their communities and that no one harassed them.
1.3.2.21. Para. 2.2.2.4 of the Memorial (p.30) reproduces the
Report of United Nations Special Rapporteur Tadeusz Mazowiecki in
which the activities of the Serb forces are a priori defined as the"systematic elirnination" of the Muslim population. The allegations are
supported by the assertion that the "execution" has been "reported" of
three fourths of 4,500 inhabitants of the six mountain villages of
Harnbarine, Rizvanovici, RakovEani, Sredice, Carakovo and BiScani
(near Kozarac). The Special Rapporteur does not specify what
"reported" means and frivolously leaves it to the mathernatical
propensity of those who rnight be interested to calculate the exact
number of those of the 4,500 inhabitants of these villages who were
allegedly killed. The Respondentdenies these allegations.
1.3.2.22. Following general allegations to the effect that a
large number of people were killed, reference is made in the sarne
section to the staternent of a 16-year old boy who, according to
United Nations Special Rapporteur Tadeusz Mazowiecki, is a refugee
in France and who allegedly witnessed the killing of his uncle. The
allegations from para. 39 of the Report referred to by the Applicant
are not and cannot be court evidence. However, even if the
allegations were true, which the Respondent denies, by adding up the
alleged numbers of the killed persons, one would arrive at about 350,
which is indeed far below the three fourths of 4.500.
1.3.2.23. The mass killings referred to in para 2.2.2.4 of the
Mernorial (p.30) are docurnented by the statement of a 16-year old
boy, but the circurnstances which led to the armed conflict around the
villages of Hambarine, Rizvanovici, RakovCani,Sredice, Cerakovo and
BiScani have not been explained.
1.3.2.24. In para 2.2.2.5 of the Mernorial (p.31) the Serb side
is accused of having destroyed Srebrenica, Goraide and Sarajevo. It
is true that a part of the mentioned towns were damaged as the
consequence of the armed conflict between the warring sides.
Srebrenica and Goraide were never dernilitarized as they were
expected as United Nations protected areas and as agreed by the
two sides and UNPROFOR.
1.3.2.25. It w,as in connection with the events in Goraide that
the international media were particularly rnendacious. United Nations
Special Rapporteur Tadeusz Mazowiecki was involved in false
reporting about the destruction of the local hospital and the entire
town and the killing of about 700 persons and the wounding of 2,000.
(Bosnian War End in Sight to UN General, International Herald
Tribune", 11 June 1!394,Annex No 27, 171.) This was soon denied.
(Roger Cohen: U.N. Military Aide Says Plight of Gorazde is
Exaggerated, "The New York Times", New York, 30 April 1994,
Annex No 28, pp. 172-173; Florence Hartmann, Les organisations
humanitaires s interrogent sur le nombre reel blesses, "Le Monde",
Paris, 28 April 1994, Annex No 29, p. 174; "Dernieres Heuresd'Alsacew, Strasbourg, 27 April 1994, Annex No 30, p. 175; Tony
Barber, Rose accuses Muslims of trickery over Gorazde, "The
Independent", London, 29 April 1994, Annex No 31, p. 176; Joel
Grant, Eve-Ann Prentice, Rose Backtracks on Gorazde defenders who
"turned and ran", "The Times", London,29 April 1994, Annex No 32,
p. 177).
UNHCR helicopters ferried 299 wounded persons with old
wounds unrelated to ongoing combat operations. UNHCR Spokesman
Peter Kessler, General Michael Rose and many other officials
admitted that they had been deceived.
1.3.2.26. The genocide committed in the Commune of
Srebrenica in World War One halved the Serb population. The same
crime was repeated in World War Two. The Muslims had made
preparations and armed themselves for new destructions long before
the civil war began. This is evinced by a number of documents and
military ID cards of paramilitary formations in the area of Srebrenica
with dates before the war, as well as by the cal1 to the Muslims by
an illegal Muslim National Council, meeting near Bratunac, to start
making final preparations for the establishment of a Muslim State.
Evidence of these and other preparations is collected in the book
entitled "A Chronicle of Our Graveyard" written byMilivoje IvaniSevic.
(Hronika naSeg grobljaIA Chronicle of Our Graveyard, Milivoje
Ivaniv3evic, Beograd-Bratunac 1994, Annex No 33, pp179-1801181-
184).
1.3.2.27. On 28 September 1991, six months beforethe war,
the Communal Committee of the Serb Democratic Partyof Srebrenica
sent an urgent communication to the Government of Bosnia and
Herzegovina and al1 other relevant organs, informing them that the
Serbs in this region were being harassed by the Muslims and that it
was not possible to establish normal dialogue with them on important
issues. (Hitni dopis SDS Srebrenice vladi Bosne i HercegovineIUrgent
Communication of the SDS of Srebrenica to the Government of the
Bosnia and Herzegovina, 17 February 1992, Annex No 34, pp. 185-
1891190-196).
1.3.2.28. Muslims set up vigilante groups in the Serb
neighbourhoods of Srebrenica and Bratunac. They attacked and
destroyed some 100 Serb villages around these two towns, killing
and expelling people and burning down their homes; 12,800 refugees
or 45 per cent of the overall number of Serbs from that region have
been registered by the Red Cross of Serbia alone. (Hronika naSeg
groblja/A Chronicle of Our Graveyard, Milivoje IvanivSevic, Beograd-
Bratunac 1994, op. cit., Annex No 354, pp. 197-1991200-204).All the
attacks on the Serbs were prepared in advance, carried out according
to plan, with a large number of armed individuals. 1.3.2.29. The Serbs fled Srebrenica on 9 May 1992, two days
after the massacre in the village of BljeEeva on 6 May 1992 and the
murder of their deputy Goran Zekic. Serb refugees went also to
Bratunac, just as Muslims went later to Srebrenica. The same fate
awaited the Serbs in Bratunac like the Serbs in Srebrenica and one
hundred surrounding villages and they had to withstand over 80
Muslim attacks. In a counter-attack, though, they eventually entered
Srebrenica. Srebrenica and Goraide were exploited and abused by
the media, while Bratilnac was forgotten. The attack on the Serbs in
Bratunac and Srebrenica was carried out by the sons and grandsons
of the members of the fascist forces of the lndependent State of
Croatia from World WiarTwo. (Milivoje IvaniSevic, op. cit., Annex 35).
1.3.2.30. In para. 2.2.2.6 of the Memorial (p.31) it is said that
Srebrenica had 7,000 inhabitants and that that number grew to
60,000, although, judging by the number of inhabitants who had lived
in the entire Cornmunis,the maximum number could have been about
30,000. It was not possible to hold Srebrenica besieged for eleven
months because the Muslims had held 120, out of 130 villages in the
Commune of Srebrenica and Bratunac, until March 1993, when the
Serb counter-attack was launched and when Srebrenica was
encircled.
1.3.2.31. There were not 60,000 Muslims in Srebrenica,
because the overall Muslim population of the Communes of
Srebrenica and Bratilnac had numbered about 27,000 and about
22,000 respectively.A,s many Muslims of these two Communes went
in different directions, it is evident that the figure of 60,000 is
exaggerated in order to present a distorted picture of the scale of
their suffering.
1.3.2.32. Aftt:r the Serb forces re-organized themselves and
recaptured parts of the territory, the Applicant came up with
allegations that the Muslims were being starved to death. These
allegations were made by the Muslim representative to the United
Nations, Muhamed Sacirbey, and denied by Neven Kulenovic, Muslim
diplomatic representative in Zagreb, and by General Phillipe Morillon
(Campaign Against Militarism, 20 Things You Know About Serbs
That Aren't True, Febi'uary 1994, No.4, Annex No 36, p. 206).
1.3.2.33. There is no doubt that it was necessary to evacuate
the sick, the wounded, children and the infirm from Srebrenica to
Tuzla, which the Serb side allowed. The fact that the authorities of
the Republic of Srpska allowed the evacuation of women, children
and the sick testifies that there existed no genocidal intent. 1.3.2.3 4t.the time of the greatest hardships and starvation
of the Serb population, the first humanitarian convoy set out for
Srebrenica. It was to pass through Bratunac, where thevictims of
some of the most serious atrocities had found refuge and was
destined for those who had committed some of the most atrocious
crimes. The convoy was halted by the unfortunatepeople in Serb
Bratunac in a spontaneous revolt. Not even the authorities of the
Republic of Srpska could pacify the angry people. The tragedy of the
Serb people was abused by the world media and various
humanitarian organizations. The fact is thatal1 along the Muslims in
Srebrenica had had more foodthan the Serbs through whose territory
the convoy destined for the Muslims was to pass as they had
received relief supplies also through the air-drop propaganda
operation.
1.3.2.3 5h.e Serb side stopped United Nations convoys not
to starve the Muslims, but, as arule, as a sign of the indignation of
the Serb population at the unfair attitude of some international actors,
continued incarceration of Serbs despite exchange agreements on the
principle "al1 for all", killingof the people during cease-fire
agreements, etc. UNPROFOR was also often in breach of its
mandate, supplying arms and ammunition to the Muslim side, and
whenever it assessed that there was a riskof that being discovered,
it refused to allow the convoys to be inspected, accusing the Serbs
of blocking the passage of convoys to their destination.
1.3.2.36. As for allegations that the Serbs stopped
humanitarian convoys from para 2.2.2. 6f the Memorial (p. 31) and
elsewhere, the Respondent deems it appropriate to refer tosome of
the reports of the United Nations Special Rapporteur: "All of the
belligerents have further complicated the deliveryof aid by frequent
insistence on "linkages", the process whereby aid deliveries are only
permitted in return for commitments to give similar amounts to other
groups, regardless of relative need". (Sixth Periodic Report of the
Special Rapporteur, Doc. EICN.411994111 21,February 1994, para.
65, Annex No 37, p. 208). "Interference with aid and other related
practices also occur in territoryder the control of the Government
of Bosnia and Herzegovina and result in suffering no less gravthan
that in other parts of the country". (Sixth Periodic Report of the
Special Rapporteur, para 72, Annex No 38, p. 210).That blocking
passage to humanitarian convoys destined for Muslims in Srebrenica
en route through Serb Bratunac was a spontaneous exercise is
evinced also by the fact that the assembled people refused the
offered gift of part of the shipment in exchange for allowing the
convoys to pass. General A. Ramsey stated that there were incidents
in Bosnia-Herzegovina but that they were negligible and added that
there were more instances of convoys being intercepted in centraland southern Bosnia-lierzegovina, where there was fighting between
the Croats and the Muslims (Campaign Against Militarism,
Information, February 1994, No. 4, Story 19, Annex No 39, pp. 212-
213).
1.3.2.37. The alleged bombing of Srebrenica from the territory
Serbia (para 2.2.2.6 of the Memorial, p.31) has not been confirmed
documented. It draiws upon the unfounded media allegations that
on 13 March 1993 siircraft from Serbia bombed Srebrenica. United
Nations observers at airports in the FR of Yugoslavia did not report
that any plane had taken off on that day. The Respondent denies the
veracity of this allegation.
1.3.2.38. The truth is that the Muslim side shelled Serbs in
Bratunac from Srebrenica and the Serbs in Bratunac retaliated by
shelling military target.s in Srebrenica. Muslim forces shelled Bratunac
on 25 January 1992, 2 February 1993, on 17 February 1993 and on
17 March 1993, causing civilian casualties. (Spisak ranjenih i tibijenih
osoba - Zdravstveni centar u BratunciilList of wounded and killed
persons - Health Centre in Bratunac; Committee 202194 Annex No
40, pp. 214-217121E1-221);in response the Serb side shelled
Srebrenica on 12 April 1993 as stated in the Eighth USA Submission
of 16 June 1993.
1.3.2.39.It is strange that children who are said to have been
starving in Srebrenica were able to play football. Therefore, the
statement of a UNHCR member about the death of 15 boys (para
2.2.2.7 of the Memorial, p.31) is implausible; the Applicant provides
no fact about either a child or the UNHCR member, nor does he
specify the source of information that could be verified. The
Respondent denies this allegation.
1.3.2.40. Para 2.2.2.9 of the Application (p.32) contains the
following assertion:"lri other places too the picture was the same. On
May 16, 1992, at least 83 Muslim civilians, including 11 children and
16 old ones, were c?xecutedby Serb paramilitary formations". The
Respondent denies this allegation.
1.3.2.41. None of the accusations presented in para 2.2.2.10
of the Memorial (p. 33) which refer to the killing of 36 adult Muslim
patients and 27 children on which occasion a Serb surgeon allegedly
went mad are true. The statements of witnesses - the doctors and
other medical staff wtio were at the hospital on 21 May 1992, against
whom the alleged Muslim witness levels the accusations - as well as
al1 the medical records which are offered for inspection to al1
interested parties, pr'ove that the accusations were made up with
malicious intent and are a dangerous insinuation. Doctors from thesurgical, internal and pediatric wards, the head doctors of the internal
and surgical wards, employed for years at the Medical Centre in
Zvornik, agree that the attitude of the doctors and other staff towards
al1patients was professional and in keeping with medical ethics. More
than fair was their treatment of Muslims for whom blood and
medicines were provided even when these were in short supply for
others. Not a single death of a Muslim patient, let alone of a Muslim
child, was registered in the Centre, despite the serious illnesses
some of them were treated for.
On the basis of the available documentation of the Medical
Centre of Zvornik, experts in forensic medicine have established, inter
alia, the following:
"On personal insight to the stated medical files of the Medical
Center in Zvornik - Pediatrics, Gynecology, Interna1 and Surgery
wards - for the concerned period, it is evident that al1 the stated
patients are Muslims, were either ill, injured by fire arms or requiring
medical assistance (gynecology - labor), or humanitarian support
(especially the case of the Pediatrics wards).
In other words, a review of the medical records of the stated
Muslim patients, who were on treatment prior, during and after the
date stated in the Bosnia and Herzegovina Memorial (section 2.2.2.10
where it is said that On 21 May 1992, a mass murder of Muslim
patients at the Zvornik Medical Center took place ... ) show Muslim
patients still there.
Regardless of the limited capabilities because of the war and
overall situation, the doctors and medical staff of the stated hospital
have definitely given adequate medical assistance and care which
complies with adopted medical ethics, science and practice.
The fact that the Pediatric ward staff of this Medical Center
took care of Muslim children with no parental care, for a long time
after the necessary treatment, excludes any likelihood of
discrimination of patients on national and ethnic basis, not to mention
the possibility of genocide towards the Muslims. This is moreover
supported by the fact that the Surgery ward of this hospital treated
Muslims wounded by fire arms (who were wounded under unknown
circumstances, maybe even while fighting for the opposing force) in
the stated period. (Sudskomedicinska ekspertiza na Odeljak br. 2.2.2.-
"Ubijanja", taCka 2.2.2.10.1 Medical Forensic expertise, related to
section 2.2.2.- i<illing, section 2.2.2.10., Annex No 41, pp. 222-
2341235-250, 251-412; Zapisnik O sasluSanju svedoka K.D.1Recordof
the statement of witness K.D., 27 December 1994, Annex No 42, pp.
413-4161417-419).
1.3.2.42. Witnesses stated that measures necessary to protect
al1 patients, especially Muslims, were taken by prohibiting
unauthorized access to the premises of the Centre. When a wounded
Muslim soldier was undergoing treatment at the internal ward, themilitary police kept permanent guard. (ZapisnikO sasluSanju svedoka
V.M. and Z.L./Record of the statement of witnesses V.M. and Z.L., 27
December 1994, Annex 43, pp. 420-4221423-424 and Annex No 44,
pp.425-4271428-430)
1.3.2.43. Since it is maliciously alleged in the Memorial that
27 Muslim children were killed in the Medical Centre in Zvornik, the
Respondent deems it appropriate to quote the statement of a witness,
a lady doctor from the Centre's pediatric ward: "1 responsibly declare
that the attitude of the doctors and other staff in the pediatric ward
was up to every professional standard and in keeping with medical
ethics. Our attitude never differed towards patients of different ethnic
origin. I should particularly like to stress this also for the period from
the beginning of the war in former Bosnian-Herzegovina. When war
operations started in this area a number of Muslim children were
undergoing treatment at the pediatric ward. Since communications
had been severed with places where the parents of these children
lived, we took them under Our wing, accommodated them at the
hospital, even after ttiey had been cured, and treated them as Our
own children. There were 12 such children. They spent several
months at the ward until they were taken to their parents by the
International Red Cross. I should like to make particular mention of
the case of four children who even before the war had been under
the guardianship of the Centre for Social Work in Zvornik and who,
during the war, were brought over for treatment and care to the
Pediatric Ward. We treated these children, too, with fairness and as if
they were Our own, brought them food and did their laundry at Our
homes. Courtesy of the Norwegian Embassy, these children of
Muslim nationality were recently taken to the Rehabilitation Centre at
lgalo (Montenegro - FRY), where they will remain". (Zapisnik O
sasluSanju svedoka I<.G./Record of the statement of witness, 27
December 1994, Annex No 45, pp. 431-4331434-436).
1.3.2.44. The extremely humane attitude towards Muslim
patients is seen from their gratitude expressed in words and letters
which they sent through the International Red Cross mailing service
from Tuzla to the children at the Medical Centre in Zvorrtik in which
it issaid that the parents learned that their children were "well and
healthy" (Poruke roditelja deci preko Crvenog krsta/Massages of
parents to their children through the Red Cross, Annex No 46, pp.
437-448).
1.3.2.45. The Serbian commune of Zvornik immediately filed a
note of protest against these false accusations with the US
Department of State Xhrough the American Embassy in Belgrade. In
spite of the documented statements that the Department of State had
presented false accusations, nothing changed. The result was that thefalse accusations were incorporated into the Mernorial without prior
verification
The denial of the above accusations was followed up by a
Serbian TV crew (Novi Sad TV) who visited the Medical Centre in
Zvornik and broadcast a report about the charges being unfounded.
When Novi Sad Television broadcast a story about 6 Muslirn babies
who rernained in the Medical Centre in Zvornik, a Muslirn wornan,
now rnarried to a Serb in Prokuplje (Serbia) found out that her
two-year daughter M.I. was alive and healthy. She went to Zvornik
and, after re-uniting with her child, happily stated: "1 thought I would
find the child undernourished and untidy. However, I was surprised
how well she looked and how rnuch she has grown up. I am thankful
to the personnel of the Zvornik Medical Centre, particularly to those
frorn the children's ward." ("Srpski glas", No. 15 of 5 March 1993,
Annex No 47, pp. 4491450).
1.3.2.46. In para 2.2.2.11 of the Mernorial (p. 32), the
Applicant refers 'toseveral sources with identical texts but ornits in
that paragraph the part showing that the attack on Kozarac was part
of the arrned conflict. In the report oi the United Nations Special
Rapporteur of 17 October 1992 it is said: "Some inhabitants,
anticipating an attack, dug out shelters and a few tried to resist with
what inadequate weapons they had. The battle lasted sorne seven
days". The date that the Special Rapporteur gives as the date of the
armed conflict is inaccurate, as well as the distance frorn the town of
Prijedor. The main objection, though, that the Respondent has in this
regard is the absence of logic in the assertions presented in the
Mernorial, i.e. that Kozarac was attacked by Serb tanks and artillery
and that "a srnall number of poorly armed Muslirns offered resistance
for seven days". The only evidence that the Applicant subrnitted to
the effect that 5,000 persons had been killed in Kozarac is a
sentence from the report of Special Rapporteur Tadeusz Mazowiecki
which reads: "The population, estirnated at 15,000 suffered a great
rnany summary executions, possibly as rnany as 5,000 persons,
according to some witnesses." It is obvious that such a serious
accusation cannot be proved by the said sentence.
1.3.2.47. Within the so-called headquarters of the Kozarac
Territorial Defence, the Muslirns forrned 30 detachrnents with 3,599
Muslirns wearing the Yugoslav People's Arrny uniforrns. Cornplete
military preparations had been carried out in Kozarac, together with a
war hospital and kitchen.
Following the general rnobilization of 24 May 1992, the
Muslirns attacked a file of soldiers on the Banjaluka-Prijedor road and
were defeated. The Muslirns dispersed and retreated into the woods
from which they planned and carried out nurnerous attacks, arnong
others the attack on Prijedor. 1.3.2.48. At the beginning of April 1992, the Muslims seized
power in the commune administration and other important
departments in Prijedor. The president of the commune was from
Sanski Most, the son of a mernber of the District Ustasha Committee,
who in 1941 ordered a horrendous massacre of over 3,000 Serbs.
During the night of 29/30 April 1992, the Serbs took over power in
Prijedor without firing a shot. A month later, on 29 May 1992, the
Muslims organized a terrorist action in which a shock group of
extremists tried to take over the power in Prijedor, and it killed a
number of Serbs in this action. This action prompted reaction of the
Serbs who organized self-defence, as well as the defence of the
town of Prijedor. (Branko Bokan, Bosanska Krajina, Ratni zloCini i
zloCini genocidflhe Bosnian Krajina, War Crimes and the Crime of
Genocide, 1991-1992, SANU, Belgrade, 1993, Annex No 48, pp. 451-
4521453-454).
1.3.2.49 The United Nations Special Rapporteur himself points
out that Serb forces took control of Prijedor on 30 April 1992, without
firing a shot and that on 29 May 1992 Serb tanks and infantry
occupied positions around Prijedor (para 2.2.2.12 of the Memorial,
p.33). Yet, he is obli\/ious of the fact that Muslim forces had forced
their way into the town beforehand with intent to capture it.
1.3.2.50. The assertions in para 2.2.2.12 of the Memorial (p.
33) that the Muslims "did not fire a single shot" are inaccurate. In
fact, their forces attaicked Prijedor with arms and the Serb forces
defended it with arms. The local radio constant calls "on the Muslims
to surrender their weapons" testify that the Serb forces held the town
attacked by extremist Muslims and were intended to reduce the
nurnber of casualties by inducing Muslirns to surrender weapons.
1.3.2.51. One mosque was demolished during the fighting in
Prijedor because it was surrounded by bunkers, as well as the little
cemetery by the mosque in Marshal Tito Street, but not the Muslim
cemetery as the Applicant asserts in para 2.2.2.12 of the Memorial
(P. 33).
1.3.2.52. In para 2.2.2.12 of the Memorial (p. 33), the
Applicant attributes alleged killing, slaughter and devastation to
groups of extremists, which are said to be probably under Arkan's
control (the report of Special Rapporteur Tadeusz Mazowiecki of 17
November 1992, p. 9). Arkan and his volunteer units had never been
in that part of Bosriia. Only the local Serbs and Muslims were
lnvolved in the conflicts. 1.3.2.53. In several places the Applicant employs the same
method, i.e. uses the same witness, with slight changes of identity,
with the intention of creating a false impression of the existenceaof
number of witnesses. This is thecase in paras. 2.2.2.13 and 2.2.4.6
of the Memorial. In both cases, the witness is Borislav Herak, a
mentally incompetent person, whose statements have been extorted.
The condition of the witness is evinced by the statement of a Serb
witness, who spent several months in prison with Borislav Herak. A
witness statement, given below, is illustrative of the condition of
Borislav Herak: "Borislav Herak andhis lady friend Nada Tomic and
one Damjanovic, do not remember his name, were caught by the
Muslims in their car. According to what Heraktold us in the cell, as
a Serb, he joined the ranks of the Muslim extremist terrorist
organization, the Patriotic League, at the beginning of the war and
then the Muslim army of Bosnia-Herzegovina, and after that the Serb
army. As far as we could see, he took part in this war on several
sides only to plunder, because he talked of nothing else. He
plundered al1 houses alike -be they Muslim or Serb or whomsoever.
He spent some time in a Serb prison because of misconduct. In
court he confessed to having killed a number of persons and raped a
number of women. He was sentenced to death. Capital punishment
was also pronounced, and confirmed,on Damjanovic, who had been
arrested together with him, and who is kept constantly in isolation in
a solitaiy cell, despite the fact that he totally repudiated al1of Herak's
assertions. To us he looked older than 21, in fact somewhere around
30, and he was quite insane. (See para 1.2.1.24. of the Counter-
Memorial)
1.3.2.54. Witnesses said that they were afraid of Borislav
Herak in prison because of his staternents on TV and his abnormal
behaviour in the cell. In the cell, Borislav Herak said that the
Muslims had applauded him and offered him treats in the courthouse
as he spoke of the rapes and killings he had committed. In
connection with the accusation that General Macenzie rapedyoung
Muslim women, UNPROFOR officers came to the prison and Herak
told them that he had seen Macenzie's personnel carrier but not
Macenzie himself. (Witnesses' statements, - Documentation Centre of
the Commissariat for Refugees of the Republic of Serbia, Nos.
71100282, 71100271, 71100471, 71100239, 71100404, 41100354,
71100611, Annex 49, pp. 455-491).
1.3.2.55. The Memorial (para 2.2.2.14, p. 34) devotes
extraordinary and undue attention to the town of Bosanski Petrovac
and the events in the first months of the civil war in Bosnia and
Herzegovina. It is even emphasized that the events in B. Petrovac
are "in principle representative of the atrocities being committed
throughout '6-Hf in the process of forcing thousands of Muslims outof their homes". The basis for such an assertion in the Memorial, and
Amnesty International, is a diary allegedly kept by a Muslim in B.
Petrovac.
1.3.2.56. What the Memorial fails to specify, but is specified in
the report of Amnesty International, are the details from the diary of
the Muslim from B. F'etrovac showing that the same fate befell the
members of al1three peoples in the areas under the control of the
other side and that iri fact the acts committed against the Serbs in
other places were more drastic.
1.3.2.57. As for the demand that Muslims in B. Petrovac
surrender their weapons and the ban on men fit for military service to
leave the area, the same demand and ban were imposed by Muslim
and Croat authorities in Bosnia-Herzegovina in the areas under their
control. The described fear is a reaction of the minority population, in
B. Petrovac and in every other place in Bosnia-Herzegovina.
1.3.2.58. In his diary, the Muslim refugee from B. Petrovac
observes that some k:illingswere "alleged" and that the persons who
provided such inforrnation merely "believe" in it but had not
eyewitnessed it. In the presented document of Amnesty International
it is said: "Several eye-witnesses report seeing two cars, one a white
Volkswagen Golf, with soldiers inside who drove around the town
indiscriminately firing automatic weapons". This is indeed
unbelievable. If the information provided at the beginning of the
document that the Serbs constituted the large majority of the
population of Bosanski Petrovac and that the Muslims accounted for
about 20 per cent is accurate, is it then to be believed that Serb
soldiers would drive! around the town and indiscriminately fire
automatic weapons? It is obvious that, in presenting the information,
the author of the said document ran fou1of the logic of the facts and
the Respondent denies the assertions accordingly.
1.3.2.59. In the report of Amnesty International it is said: "20
September 1992 is described by AH in his diary as 'black Sunday for
Muslims'. This day marked the start of a four-day period when around
30 civilian Muslims were deliberately and arbitrarily killed in Bosanski
Petrovac. It ended when over 2,000 Muslims left Bosanski Petrovac
in a convoy organized by the Serbian authorities. It is unclear why
the killings escalated at this time, although many accounts said that
they followed the replorteddeaths of 17 Serbian soldiers on the front
near Bihac which angered Serbian soldiers returning to Bosanski
Petrovac." (Amnesty International, "A Wound in the Soul", January
1993, presented by the Applicant State in the Annexes to the
Memorial). If this istrue, and the Respondent considers that these
assertions are no valid evidence, the alleged killings cannot bequalified as genocide. They have not been committed with an intent
to annihilate members of an ethnic or religious group, but as an act
of revenge. This is certainly a crime, if it did take place, but not
genocide.
1.3.2.60. It transpires from the statement of the Muslim
witness that the initial expulsion of the Serb population from the
Bihac region caused the moving of Muslims from B. Petrovac. The
witness says: "The Muslims signed documents on the transfer of their
property to the authorities or individual Serbs, including the displaced
Serbs who had fled from the fighting in the Bihac region". The
statement excludes a genocidal intent.
1.3.2.61. Short of information from other places, the
allegations about the suffering of Muslims in Bosanski Petrovac are
used by the Applicant as "representative of the atrocities being
committed throughout 6-H" and are of no consequence in terms of
evidence. The Respondent denies them accordingly.
1.3.2.62. In para 2.2.2.18 of the Memorial the Applicant
presents the statement of a 48-year Muslim from Sanica Donja, near
KljuC, who says that "he saw the decapitation of about 100 men by
JNA forces in early July 1992". The Applicant is substantially short in
quoting the relevant sentence: "The witness believes these JNA
forces were from the Sixth Krajina Brigade headquartered at
Palanka ..."
In the document (Sixth US Submission, 10 March 1993, p. 10,
Annexes, Part 2, Volume 1)referred to in the Memorial it is said:
"The witness believes these JNA forces were from the Sixth
Krajina Brigade headquartered at Palanka. They were local Bosnian
Serbs and their regular JNA uniforms bore a Yugoslav flag on
shoulder and hat."
No brigade of the Yugoslav People'sArmy, composed of local
Bosnian Serbs, was engaged at that time in the territory of Bosnia-
Herzegovina.
Besides, the described killings seem surrealistic: is it really
physically possible for three men to kill 100 people and to cut off
their heads with 30-centimetre long knives within 60 minutes? The
Respondent denies these allegations as unbelievable.
1.3.2.63. The Applicant alleges that the Serb forces are still
killing, wounding, raping and intimidating in the city of Banja Luka
(treated in the Memorial as a region). The allegations are repeated
twice in quick succession (paras. 2.2.2.19 and 2.2.2.20 of the
Memorial, pp. 36 and 37). However, no data of the alleged atrocities,
their perpetrators or victims are given elsewhere in the Memorial tosupport the assertiori that they are being repeated. The alleged
destruction of places of worship is not an act of genocide.
1.3.2.64. In thie absence of reliable evidence, the Applicant
engages in verbalism also in the section on "Killing". It is thus said
that this is "only a small selection from thousands and thousands of
testimonies and numerous reports which have been made" and no
valid evidence is provided even for individually specified cases (para
2.2.2.21 of the Memorial, p.37).
1.3.2.65. Besides, none of alleged acts indicated in Section
2.2.2. of the Memorial can be attrituted to the Respondent.
1.3.3. Alleged Torture
1.3.3.1. The activities alleged by that the Applicant to have
been "quite customary in Serb controlled areas" were in fact those
undertaken against the Serbs in the territory under Muslim control
and in a much more drastic form. Although the Memorial contains a
separate chapter on rape, rape and sexual abuse and pederasty are
referred to also at the beginning of this section. Also, the section
brings up cases of unverified killings, but provides no data on
specific instances of torture.
1.3.3.2. It is physically impossible for 100 Serb soldiers to
have been together With the arrested in a room of the Department of
the lnterior of Prijedor,ecause there is simply no such a room there
for so large a number of people. (para 2.2.3.2 of the Memorial, p.38).
1.3.3.3. In paira 2.2.2.4 of the Memorial (p.30), the Applicant
refers to a conclusion of the United Nations Special Rapporteur, in
which unsubstantiated allegations are made that the Serb forces
carried out the "systematic elimination of the Muslim population". To
back up his allegations, the Special Rapporteur says only that in six
mountain villages, arriong them the village of BiScani, three fourths of
the population of 4,500 were killed "somewhere around May 1992".
That would mean that "3,375 Muslims were killed" in the six villages.
1.3.3.4. It wa:s not possible for the Serb troops to round up,
kill and maltreat men above 15 years of age and 100 of the most
respectable women iiithe village of BiScani on 20 July 1992 (paras
2.2.3.3 and 2.2.3.4 of the Memorial). Where did these men fit for
military service and respectable women come from after the alleged
massacre in the month of May? This allegation runs counter to the
import of the statement of the United Nations Special Rapporteur
referred to in para 2.2.2.4 of the Memorial in which it is said thatthere "used to be six mountain villages here". As the obvious
implication of this part of the statement is that these villages,
including the village of BiScani,were totally destroyed in May 1992, it
is hard to imagine that people would come to live in them in
substantial numbers under the circumstances al1over again.
1.3.3.5. It is said in para 2.2.3.4 of the Memorial (p. 38) that
one witness "believes" that, judging by the hats and accent of his
captors, he was captured by Montenegrins. This was not possible.
Moreover, this allegation is at variance with that part of the statement
of a 20-year Muslim in which he says that "on July 20, the Serbs
came to arrest al1men from BiScani older than 15".
1.3.3.6. The allegation that the Serb forces had come to
arrest Muslims over 15 years of age is denied by the witness himself
by his subsequent explanation that "they managed to talk the soldiers
into sparing them by lying and pleading that they were only 18 years
old". Thus, it can be concluded that the Serb forces were looking
only for men of age who had taken part in combat. This statement
denies the allegation that the intention of the Serb forces was to
totally or partially annihilate the Muslims.
1.3.3.7. The presented statement of the witness has been
taken over from the Sixth USA Submission (S/25393), but the part of
the statement in which it is said that Serb soldiers had attacked the
village of Hambarine in May "because Muslim soldiers from
Hambarine had killed Serb soldiers" is omitted in the Memorial
(Sl25393, p. 3, Annex No 50, pp. 493). The United Nations Special
Rapporteur also pointed out that the Serb forces put an ultimatum to
the Muslim forces in the village of Hambarine to surrender their arms
and that fire was opened at a Serb patrol (United Nations Special
Rapporteurs report A/47/666, of 17 November 1992, para. 17(c),
Annex No 51, p. 495). In consequence, the Serb forces opened fire
at the village of Hambarine. Obviously, this is an armed conflict
between military units.
13.3.8. Contrary to the testimonies of three Muslims (para
2.2.3.5 of the Memorial, p. 39), the Serbs committed not a single
rape or murder in the town of Bileca and its surroundings. However,
it should be noted in this connection that local Muslim extremists had
joined the ranks of the extremist Party of Democratic Action and
armed and organized themselves for attack and that some 50,000
Serb refugees, after their expulsion from Mostar and the Neretva river
valley by the Muslims and Croats and the arriva1 in Bileca and its
surroundings, did put pressure on Muslims to leave the area. In order
to prevent clashes, the local authorities isolated about 50 Muslim
extremists in a detention centre where they were treated inaccordance with the Geneva Conventions. Although the Applicant
alleges in para 2.2.1.1 of the Memorial (p. 17) that the Serbs had
170 concentration carnps, on this occasion it does denote them as
"detention centres", which in fact was what these centres were on the
Serb side.
1.3.3.9. Nonetheless, the mounting tension between the
resentful Serb refugees and the local Muslims resulted in Muslims'
departure from the town. The relations between the local Muslims and
the local Serbs were and remained correct. The Muslim refugees
from Bileca and its siirroundings were given refuge in the territory of
the FR of Yugoslavia (Sutomore, Montenegro) and a number of them
subsequently settled iii various places throughout Montenegro, not far
from their homes, awaiting return. This is a fitting postscript to the
accusation of the FR of Yugoslavia of "ethnic cleansing", for accusing
a State admitting Muslim refugees to its territory of ethnic cleansing
is a unique exercise in hypocrisy.
1.3.3.10. Several alleged cases of maltreatment of Muslims in
the Serb hospital in Banja Luka were taken as evidence that "Serb
forces used hospitals as camps for torture". These cases, be they
true or not, cannot be!taken as the basis for such a conclusion as a
multitude of cases testify to quite the opposite. The fact that the
Serbs admitted Muslims to hospitals cannot in itself confirm the
charges. The Applicarit refers in para 2.2.3.6 of the Memorial (p. 39)
to the Third USA Si~bmission which, in turn, refers to a previous
United Nations Repcrrt on the mass massacre in Vlasica which
preceded the referral of Muslims to a hospital, without supplying any
specific data. Accordingly, the Respondent denies this allegation.
1.3.3.11. The Paprikovac Eye Hospital of the Clinic and
Hospital Centre, referred to by the Muslim witness (para. 2.2.3.6 of
the Memorial, p. 39), is not on the outskirts of, but in downtown
Banja Luka and only the Surgical Ward is about 700 metres away
from the town centre. The Eye Hospital was never turned into a
military hospital and, in addition to civilians, the wounded ofal1 the
three parties (armi~es) were admitted for treatment without
discrimination and according to international law.
1.3.3.12. Within the limits of the existing possibilities, equal
medical care is provided to al1 nationalities in the territory under
Serbian control. This has been confirmed by foreign humanitarian and
other organizations iaS well. On 8 March 1994, the Republic of
Srpska signed an agreement with the Croatian Republic of
Herceg-Bosna in Bosnia-Herzegovina on the mutual provision of
medical care to citizens residing in the territories under theicontrol
(Sporazum O nacinu i visini nadoknade za medjusobno prulenuzdravstvenu zaStitulAgreernent on the Modalities and Compensation
Fees for the Provided Health and Medical Services; 8 March 1994,
Annex No 52, pp. 496-5001501 -504).
1.3.3.13. The second half of 1992 about 600 Muslims and
Croats were treated in the Clinic and Hospital Centre in Banja Luka,
in 1993 the nurnber of Muslirn and Croat patients and out-patients
went up to 13,500, while in 1994 that nurnber stood at 12,500.
The sarne situation prevailed in general hospitals in Prijedor,
BrEko, Doboj and medical centres elsewhere in the Republic of
Srpska.
Muslirns and Croats are being treated in two psychiatric
hospitals in ModriCa and Sokolac. These two institutionsare
frequently visited by the representatives of international hurnanitarian
organizations, which confirrn in their reports that the medical care
provided by the doctors and nurses often goes beyond what is to be
expected from th.ese institutions in the circurnstances (IzveStaji O
broju pacijenata nesrpske nacionalnosti letenih u medicinskirn
centrima u Prijedoru, BrCkom, Sokocu, Doboju, ModriCi, Bosanskoj
GradiSki, Kasin Dolu, Bijeljina i Banja LukaIReports of the nurnber of
patients of nonserb nathionality cured in medical centres in Prijedor,
BrCko, Sokolac, Doboj, ModriCa, Bosanska GradiSka, Kasin Do,
Bijeljina and Banja Luka, since 1992 to 1995, Annex No 53, pp
50511 -5051363and Annex No 53a, pp. 5051364-505167 1).
1.3.3.14. In para 2.2.3.7 of the Mernorial (p.0), the Applicant
refers to a witness statement contained in the Department of State
report of 28 December 1992 (wrongly dated in the Mernorial as 8
December 1992), according to which the Serbs would shut in up as
rnany as 70 people in a roorn 2.5 by 3.5 rnetres. If the size of the
roorn is 8.75 sq.m., it is beyond the cornprehension of the
Respondent that 70 people can fit into so srnall a space under any
circumstances. Such absurd allegations cast a shadow of doubt on
the veracity of the witness staternent. The Responednt denies this
allegation.
1.3.3.15. In para 2.2.3.8 of the Mernorial (p. 41), the Applicant
draws entirely on a report of the United Nations Special Rapporteur
and reproduces his general accusations. It is said in the report that
on 9 May 1992, 2,000 Muslirns were arrested in Bratunac, that
500-600 of them were locked up in the elernentary school and that
the rest of thern who could not fit in for lack of space were killed.
Basic arithmetic would put the nurnber of Muslims killed in front of
the elementary school at between 1,400 and 1,500, which is both
unbelievable and unsubstantiated by evidence. The Responent denies
this allegation. 1.3.3.16. In para. 2.2.2.17 of the Memorial (p. 35), the
Applicant refers to the allegations of the maltreatment and killing of
lmam Mustafa Mojkanovic at the local stadium in Bratunac, contained
in the Second USA Submission of 23 October 1992. However, in
para 2.2.3.8 of the Memorial (p. 41) the Applicant refers again to the
allegations of the maltreatment and killing of the Imam, without
mentioning him by name, in the Vuk Karadiic elementary school in
Bratunac, contained in the report of the United Nations Special
Rapporteur. Since there was only one lmam in Bratunac, he could
not have been in two places at the same time and it is not probable
that an lmam would come to Bratunac as a refugee after the
Muslims had already left Bratunac, just like the Serbs had left
Srebrenica. The Respondent denies this allegation.
1.3.3.17. Besides, none of the alleged acts indicated in
Section 2.2.3. of the Memorial can be attributed to the Respondent.
1.3.3.18.According to the opinion of the experts in forensic
medicine in the Part 2.2.3. of the Memorial: "Any violence must result
in certain changes, primarily in the somatic sphere. Basically, there
have to be certain injuries which will cause either scars on the skin
... scars on the bones, various deformities, dysfunction of certain
organs, etc. However, besides the eyewitness accounts, there are no
medical findings (medical forensic or psychiatric forensic opinions)
supplemented to support and indirectly confirm such statements.
Therefore, such statements remain only within the domain of a
witness' subjective approach". (Sudskomedicinska ekspertiza na
odeljak br. 2.2.3.-"MuCenja"/Medical forensic expertise related to
section 2.2.3.-"Torture", Annex No 54, pp. 506-5081509-51 1)
1.3.4. Alleged Rape
1.3.4.1. Rape committed in connection with armed conflict is a
crime against humanity as determined by Article V of the Statute of
the International Tribunal for thePr~secution of Persons Responsible
for Serious Violations; of lnternational Humanitarian Law Committed in
the Territory of the Former Yugoslavia since 1991.
1.3.4.2. Only rape committed with genocidal intent and
"causing serious boclily or mental harm to a member of the group"
could be qualified as an act of genocide. The Applicant has not
presented any fact necessary to satisfy the two said conditions. 1.3.4.3. The opinion of the experts in forensic medicines
concerning the mentioned cases of rapes described in Part 2.2.4. of
the Memorial, reads, inter alia, as follows:
"ln Our country raping is an unlawful act, just like elsewhere,
and as such has to be proved by submitting evidence: The
statements of the party concerned and statements of the
eyewitnesses, and it is also required to provide other forensic
evidence from the doctor, psychiatrist, hematologist, and the similar.
In every such criminal case it is necessary to provide
substantial evidence on EARLY consequences of the raping, primarily
the medical records on pathological findings, amongst which are:
fresh injuries or swollen tissue of and around the genital organs;
hematuria because of urethra and urinary bladder injuries;
injuries of the vagina or rectum as a result of coercive insertion
of objects into them;
sexually transmitted diseases, as a result of direct contact with an
contagious individual;
traumatic abortion because of the beatings over the pregnant
woman's stomach, etc.
Since it was war and it was difficult to timely provide
evidence of the raping, i.e. to prove it with the early rape
consequences , it is necessary to provide substantial evidence of
the LATE rape consequences, such as:
in men: there have to be scars on the penis or scrotum, testicles
atrophy, changes on the seminal duct and prostate gland,
including sterility;
in women: scars on the exterior genital organs, vagina or uterus,
which might cause sterility, menstruation irregularity, changes on
the breasts, nipple necrosis, and other scars;
in both sexes: fissure of the anus and fissure of the anal
sphincter, changes on the rectum, damaged mucous membrane
and vascular tissue, etc.
(........)
Since the stated number of raped women ( ... the number of
victims at around 20,000 ... and ... suggested a possible figure
of 7000 pregnancies ... ) and the statements in the Application
lnstituting Proceedings (item 51 ...estimates the number being closer
to 50.00CI h)ve the objective to create a psychological effect on thepublic and Court, then special attention should be paid when proving
the rape."(Sudskomedicinska ekspertiza na odeljak br. 2.2.4.-
"Silovanja"/Forensic rnedicine expertise related to the Section 2.2.4.-
"Rape", Annex No 55, pp. 512-515/516-519).
1.3.4.4. The Applicant desires to produce psychological effects
by three shocking assertions: "Serb forces ...involved the rape of
girls as young as 7, and women as old as 70..."(Memorial, para.
2.2.4.1, p. 42); "the most reasoned estimates suggested to the
mission place the number of victirns at around 20,000 ... /and/
suggested a possible figure of 1,000 pregnancies ..."(Memorial, para.
2.2.4.2, p. 47) and "The available evidence indicates that in some
cases the rape of women has been carried in an organised or
systematic way..."(Memorial, para. 2.2.4.8, p. 45). But, the Applicant
has not submitted satisfactory evidence for any of alleged 20,000
raped women. It did not attempt to prove "that in some cases the
rape of women has been carried in an organised or systematic way".
1.3.4.5. In the report of the lnvestigating Commission
investigating the treatment of Muslim women in the Republic of
Bosnia-Herzegovina, submitted to the Foreign Ministers of the
European Comrnunity by Anne Warburton and reproduced in para
2.2.4.2 of the Memor~ial(p. 46), the nurnber of victims of rape is put
at 20,000 and the number of pregnancies at 1,000. The Warburton
Commission spent two days in Zagreb and one day in Bosanska
Krajina. Only 2-3 direct testimonies of women who claimed to have
been raped have been given in the report. (Jacques Merlino: "II faut
cesser de manipuler l'opinion", Le Quotidien, Paris, 22 November
1993, Annex No 56, (p.520).
1.3.4.6. On 1'7 and 18 February 1993, the EC Cornmittee on
the Rights of Women conducted a hearing in connection with the
conclusions of the delegation led by Anne Warburton, rejecting in the
end the estimate of 20,000 raped Muslim women, because of the
lack of documented evidence and testimonies. At that hearing Fritz
Kalshoven, representative of the United Nations fact-finding mission,
stated that the data ,which had been gathered by that time could not
be used as evidence in court.
1.3.4.7. Nora Beloff, a specialist for Yugoslavia since 1979,
sent a letter to Richard Goldstone, Chief Prosecutor of the
International War Crimes Tribunal, in which, among other things, she
writes: " It is important to know that the well known French political
personality Simone \Neil has publicly disassociated herself from the
female group, sent by the EU Edinburgh (December 1992) 'sumrnit'to
Zagreb, to examine evidence of the rape of Muslim women. Mme
Weil -whom I know and whom I cross-questioned myself - told methat the proceedings were so disgracefully amateur and unstructured
that she felt obliged to withhold further participation. But, this did not
stop the EU from including her name with the other women who
signed the document - on the basis of the material gathered for the
Croat and Muslim lobbies. Mme Weil said that the group arrived in
Zagreb with no programme, no interpreter, no agenda and just
opened the door to anyone who cared to come and tell them about
rapes. Their report failed to authenticate the grossly exaggerated
figures being fed as daily horror stories into the Western media.
When I wrote to the head of the group, Dame Anne
Warburton - asking why she had not examined some hard evidence
that Serb women had also been raped -she replied that this was not
within her assignment; she had been sent out only to study Muslim
victims. There is no doubt that al1the warring groups include rapists,
but the one-sided approach is, in my view, indefensible. You might
care to look at an enclosed report, published in "The Scotsman", July
13th. The Report is by my nephew, who found and questioned a
Muslim girl who had been raped by a Muslim." (Letter of Nora Beloff
to Judge Richard Goldstone, London, 2 August 1994 - as quoted by
Milan Bulajic, Alternative Yugoslavia Tribunale, Belgrade, 1995,
StruEna knjiga; Annex No 57, p.522).
1.3.4.8. Between April 1992, when the civil war broke out in
the former Yugoslav Republic of Bosnia-Herzegovina, and November
1992, there were no stories of systematic rape by the Serbs. at all.
Then leaks appeared that Serb women were being raped in Muslim
towns. When these leaks began to threaten the concept of Serb
aggression, in November 1992, journalists discovered, al1 of a
sudden, tens of thousands of Muslim women, allegedly raped by the
Serbs. In December 1992, the world media were awash with pictures
of three-month babies born to raped Muslim women. As the war in
the former Yugoslav Republic of Bosnia-Herzegovina began in April
and assuming that the women were raped at the very beginning of
the war, this would mean that they gave birth after sixth-month
pregnancies. And, no one seemed to be concerned about the
epidemic of premature births. (Campaign Against Militarism, February
1994, No. 4, story 7, Annex 58, pp 524-525).
1.3.4.9. The allegations which the Applicant presents as "firm
evidence" of the policy of rape in para 2.2.4.6 of the Memorial have
been fabricated in many aspects. The Respondent is in possession of
a statement to this effect made by 7 Serb witnesses who spent a
number of days with the Muslim witness for the prosecution, Borislav
Herak, in cell No. 83, on the fifth floor of the detached department of
the "Viktor Bubanj" military investigation prison in Sarajevo.
(Documentation Centre of the Commissarat for Refugees of the
Republic of Serbia, Annex 49) 1.3.4.10. As Borislav Herak is the sarne witness already
instrurnentalized by the Applicant in the section on killing (para.
2.2.2.13. of the Mernorial, p. 34), the Respondent refers the Court to
the explanations provided with respect to that section. (See para.
1.2.1.24., Annex 49).
1.3.4.11. The imedia chose to turn a blind eye to the lengthy
report of the Security Council (Sl24991) submitted to the United
Nations General Assernbly on 18 Decernber 1992. United Nations
officialsnever explained why that report was not made public until 5
January 1993, although it was the only report of an international
agency which contairied testirnonies of victirns of rape. The media
gave undue publicity to the unsubstantiated allegations of the officials
of the Bosnian Governrnent (Muslirns) about the alleged rape of as
rnany as 60,000 Musllirn wornen by the Serb troops (Latter dated 18
Decernber 1992 froni the Charge d*affair a.i. of the Permanent
Mission of Yugoslavia to the United Nations addressed to the
Secretary-general, Al4.71813,S124991, 18 Decernber 1992, Annex 59,
pp. 526-553).
1.3.4.12. The Respondent denies the allegation presented in
Section 2.2.4. of the Mernorial. Besides, the alleged acts indicated in
this Section cannot be attributed to the Respondent.
1.3.5. Expulsion csfPeople and Destruction of Property
1.3.5.1. In para. 2.2.4.2 of the Memorial (p. 47), the Applicant
reproduces the allegations that by Novernber 1992 over 2.6 million
persons from the Bosnia-Herzegovina had been displaced. If the
Muslirns in the forrner Yugoslav Republic of Bosnia-Herzegovina
nurnbered 1.6 million, the Croats about 700,000 and the Serbs 1.3
million, this would rnean that al1 Croats and Muslims had been
displaced.
1.3.5.2. Acts of expulsion of people and destruction of
property are illegal according to relevant rules of international law.
Such acts can be qiialified as crimes against hurnanity, violations of
the law or custorn of war or as grave breaches of the Geneva
of the
Convention of 1949. (See Articles 2, 3 and 5 of the Statute
International Tribunal for the Prosecution of Persons Responsible for
Serious Violations of International Hurnanitarian Law Cornmitted in the
Territory of the Forrrier Yugoslavia since 1991.) But they cannot be
qualified as acts forbidden by the Genocide Convention. 1.3.5.3. Discussing "ethnic cleansing" in an interview, Simon
Wiesenthal said: "The fact rnust not be forgotten that the first 40,000
refugees, even before war broke out, were Serbs, who fled frorn
Croatia when President Tudjrnan, by changing the Constitution, turned
the Serbs into a rninority without any rights". (Simon Wiesenthal, Svi
su krivil Everyone Is to Blarne, NIN, 19 March 1993, Annex 60, pp.
5541555-557).
1.3.5.4. The first refugees frorn the territory of Bosnia and
Herzegovina were Serbs frorn Western Herzegovina, Bosanski Brod,
Sijekovac and Kupres. Since refugees offer convincing evidence that
"ethnic cleansing" is being carried out, the Respondent considers that
it befits the occasion to present part of the report of the United
Nations Special Rapporteur, in which it is said that Serbia has taken
in about 445,000 refugees, rnost of whorn (235,000 or 53 per cent)
were frorn Bosnia-Herzegovina. Most of the refugees were Serbs (80
per cent), while Muslirns accounted for 7.8 per cent. It should be
noted that this was the beginning of 1993 and that these figures did
not include the refugees who had found shelter in Montenegro and
those who had not registered as refugees and that the total number
of refugees in the FR Yugoslavia at the tirne was estirnated at
600,000. (Sixth Periodic Report of the United Nations Special
Rapporteur, EICN. 4/1994/110, of 21 February 1994, para 256, Annex
61, pp 559-560, Refugees in Serbia, No. 7, Belgrade, 10 May 1993,
Annex 62, pp. 562).
1.3.5.5. In the report of the United Nations Special Rapporteur
it is said: "ln October about 3,000 Muslims fled Prozor before the
Croats". About 80,000 Muslirns, supporters of Fikret Abdic frorn the
Autonomous Province of Western Bosnia, fled to the Serbian Krajina
before the terror of Alija Izetbegovic's lslamic fundamentalists in
August 1994. A year before, Serbs had given protection to 8,000
Croats frorn Travnik and the nearby mountain of VlaSic frorn Muslirn
terror and to 5,000 Croats frorn Central Bosnia during the
Muslirn-Croat conflict. According to Croatian data, 18,000 Croats were
expelled by Muslims or fled frorn the Muslim-held territory while about
50,000 Muslirns fled or were expelled from Croat-controlled territories.
1.3.5.6. In an atternpt to present thernselves to the world as a
multi-ethnic cornmunity, the Muslirns hold Serbs hostage in very poor
living conditions in towns under their control. In the report of the
United Nations Special Rapporteur it is said in that connection: "On
occasion, rnembers of cornrnunities who wish to rnove are forbidden
to do so by the local authorities. This practice is usually explained as
being designed to stop the process of "ethnic cleansing". Thus, for
instance, Serbs are reported to have great difficulty in obtaining the
necessary local authority permission to rnove outside the Tuzlamunicipality (Sixth Periodic Report of the United Nations Special
Rapporteur, ElCN.4119941110,of 21 February 1994, para. 46, Annex
No 63, pp. 564). In Sarajevo, the Muslim Secretariat for Evacuation
has rejected the requests of most Serbs seeking permission to leave
the city. (Fifth Report of the United Nations Special Rapporteur,
ElCN.411994147,of 17 November 1993, para. 44, Annex No 64, pp.
566-567) Despite the prohibition, the population is leaving Tuzla.
Thus, 30,000 Serbs and 20,000 Croats have left Tuzla ("Oaza mira,
etniCki Cista", Peace Oasis-Ethnically Clean, "VeEernje novostimhe
Evening News", 25. November 1994., Annex No 65, pp. 5681569-570).
1.3.5.7. In an attempt to prove the existence of genocide, the
Applicant accuses the Serbs of the city of Mostar (para.2.2.5.3 of the
Memorial, p. 48) of various excesses (demolition of flats, searching
for arms, shooting at random). It provides no convincing evidence
and the whole exerci.se is in fact designed to conceal the largest
"ethnic cleansing" ofclne place in Bosnia-Herzegovina. As a result of
that cleansing, the number of Serbs in the city of Mostar fell down
from 30,000 to 400. In his report Special Rapporteur states: "Control
of the eastern part of the city Mostar is exercised by Government
forces and of the western part by Bosnian Croat forces. The "ethnic
cleansing" of Mostar utas first directed against Serbs and then against
Muslims. A result of the "ethnic cleansing" of Serbs is that their
population in Mostar has been reduced frorn a pre-war figure of
30,000 to just 400. (Sixth Periodic report of the United Nations
Special Rapporteur, EICN.4119941110,of 21 February 1994, para 16,
Annex No 66, pp. 572; and Mike Tuman, "Der Krieg der
Kriegsreportermhe War of War Reporters, "Die Zeit", Hamburg, 2
September 1994, Annex No 67, pp. 573-5761577).
1.3.5.8. The civil war in Mostar was triggered by the explosion
of a tanker with explosives planted by Croatian-Muslim extremist
groups near the northern barracks of the Yugos!av People's Army
which took place on 3 April 1992 and demolished the barracks and
the adjacent part of the city. Soon war operations ensued ("Cisterna
je bila napunjena grainatama", D. Maric, Politika, Beograd, 5 april
1992; "Tank Truck Filled With Shells", D. Maric, "Politika", Beograd, 5
April 1992, Annex No 68, pp. 5781579-581).
1.3.5.9. The Serb forces are held accountable for some
demolition in Mostar, but no mention is made of the fact that the
Muslims and Croats demolished the largest Orthodox church in the
former Yugoslav republic of Bosnia-Herzegovina or that on 9
Novernber 1993 the Croats blew up the Old Bridge which, as the
symbol of the city ofIMostar,had been under UNESCO protection. 1.3.5.10. The Applicant levels general accusations against the
Serb side of an "orgy of death and destruction" in ViSegrad and
provides as evidence a statement by a retired Muslim woman. In
point of fact, this pensioner, a woman of advanced age, would have
been pressed beyond the limits of her endurance to watch "for 36
hours" (two days and one night) Muslims being killed on the bridge,
as alleged in the Memorial.
1.3.5.11. In para. 2.2.5.5 of the Memorial (p. 49), it is said
that the woman stated that: "...the victims were either pushed from
the bridge and then shot at in the water or they were first shot at
and then pushed". The conclusion which transpires from "either -or"
is that there were no remains of the victims on the bridge. However,
referring to a report of the United Nations Special Rapporteur, the
Applicant goes on to Say: "She vividly describes how she stepped
over the remains of the victims as she crossed the bridge." The
Applicant fails to explain how it was possible for this Muslim woman
to cross the bridge after the killing of Muslims on it.
1.3.5.12. The Applicant has devoted a whole new chapter to
killing (paras. 2.2.5.1; 2.2.5.5; 2.2.5.6 and 2.2.5.8 of the Memorial),
but instead of providing evidence, it reiterates accusations of alleged
killings.
1.3.5.13. The allegations that in June 1992 Serb forces killed
and maltreated Muslims and Croats in Kozluk near Zvornik on a
massive scale are unfounded. According to the 1981 population
census, there was 1 Croat in Kozluk at the time, while 3 Croats were
there according to the 1991 census. These numbers do not warrant
the conclusions that have been made.
1.3.5.14. No heavy artillery fire was ever directed from the
territory of Serbia towards Bosnia-Herzegovina, as it is alleged in
para. 2.2.5.6. of the Memorial. On the contrary, Muslim armed
formations opened fire from the territory of Bosnia-Herzegovina in the
direction of the territory of Serbia on more than one occasion and
these acts of aggression caused casualties and destruction of
property.
1.3.5.15. The attempt of the Applicant to apportion blame for
the events in the town of Zvornik (para 2.2.5.8 of the Memorial, p.
50) is replete with contradictions. It is true that there was fighting for
the town of Zvornik and that the Serb side won. The captured
commander of the sub-regional headquarters of the Patriotic League
of Bosnia-Herzegovina for north-eastern Bosnia testified that Muslim
paramilitary formations had been sent to Zvornik (Committee No.
590194,Annex No 26). 1.3.5.16. The Applicant provides no evidence that the Serbs
burned down 200 houses in Zvornik and this allegation is unfounded.
1.3.5.17. In para 2.2.5.9 of the Memorial (p. 51) reference is
made to a report of the United Nations Special Rapporteur with
respect to Zvornik in which it is said that the Muslims were told to
gather in a village yard. Zvornik being a town, it is not logically
expected that such a statement would have been made. In para.
2.2.5.8 of the Memorial (p. 59) the only witness argues that "in al1
about 76 people were killed". He goes on to Say that he "saw buses
and trucks disgorging an unspecified number of bodies into large pits
dug out by bulldozers as often as three times a day". The witness is
unable to say how niany days this lasted, but even if it lasted just
one day that would be too much time for "in al176 people".
1.3.5.18. In para 2.2.5.9 of the Memorial (p. 51) the
authorities of the FR of Yugoslavia are accused of having aided the
"ethnic cleansing" of the Muslim population of Kozluk and Zvornik by
issuing passports to Muslim refugees "although they didn't ask for
them" and of having transferred them to Hungary arbitrarily. These
allegations are not trile. Their falsehood is attested by the request of
the UNHCR to the authorities of the FR of Yugoslavia to issue
passports to refugees.
1.3.5.19. The Muslim population from Zvornik expressed the
wish to be allowed the transit on their way to the Western Europe.
However, the Hungarian authorities stopped the convoy because the
refugees had no travel documents. The only way to deal with the
situation was to put the refugees up at the temporary reception
centerat Palic, Subotica, until their travel documents were issued.
1.3.5.20. The refugees stated that they wanted to leave
Zvornik because of the outbreak of war, for personal security reasons
and to evade mobili~~ationby the authorities of Alija Izetbegovic.
1.3.5.21. Most of Muslim refugees (there were also Serb and
other refugees) were willing to wait in the reception centre until the
procedure of issuing travel documents was completed. First they were
issued Yugoslav passports under streamlined procedure, and then
blue passports, as well as the travel documents on which the
Hungarian authorities; and the representatives of the Office of the
United Nations High Commissioner for Refugees insisted.
1.3.5.22. The documentation containing individual applications
of the refugees is kept in the passport office of the Department of
the lnterior of Subotica. The applications show that most refugeeselected to go to Austria and Germany, none to Hungary. Many
Muslims enclosed also letters of guarantee from their families in
Western Europe.
1.3.5.23. The temporary transit reception centre at Palic was
organized in accordance with the principles of the Red Cross and
those of humaneness and neutrality. It was intended for al1 refugees
who were passing through the FR of Yugoslavia while waiting for
travel documents to be issued, regardless of their religion or
nationality, but who could not afford hotel accommodation and other
similar amenities. The center was an open type establishment, the
refugees moved freely and could use al1 Lake Palic recreational
complex facilities. Food, accommodation and medical care were at a
satisfactory level, of which concrete evidence is contained in refugee
statements and other relevant documents as they display no
complaint by any refugee with respect to the stay at Palic. The only
check-point was at the reception desk, and a book of duty was also
kept. During the operation of the centre no refugee was hurt or
arrested.
1.3.5.24. The reception centre was visited by numerous
foreign journalists, official delegations of the United Nations High
Commissioner for Refugees, the International Federation of Red Cross
and Red Crescent Societies and by the representatives of various
humanitarian organizations (Jette Gottlieb, Kristin Kruck, Henrik Lenke,
Malrise Jucker, Peter Tjittes, Jan Sigismond, Jurg W. Nussbaumer
and others).
1.3.5.25. On 6 August 1992, the centre was also visited by
the Prime Minister of the FR of Yugoslavia, Milan Panic, with 80
journalists. The refugees spoke openly and directly saying that they
had no complaints and that they were thankful for the accommodation
and care they were provided. (Evidence: video cassette taken on the
occasion).
1.3.5.26. Various humanitarian organizations organized
transport across the Yugoslav border and the refugees did not go to
Hungary, as asserted in the Memorial, but via Hungary to Austria and
Germany. Some refugees decided to remain in the FR of Yugoslavia,
which is evidenced by their passports which have not been claimed
from the Department of the Interior in Subotica. The Respondent
completely refutes al1 the accusations of the Applicant and proves
that actually the FR of Yugoslavia and its organs accorded maximum
humane treatment to these refugees (Zahtevi za izdavanje putnih
isprava i izdavanje viza1Application Form for lssuance of the Travel
Documents and for the lssuance of Visas, Annex No 69, pp. 582-
606;lnformacija O obezbedjivanju zdravstvene zaStite u prolaznomprihvatilistu tranzitnih izbeglica na Palicu Information about health
protection in the provisional shelter for refugees in transit in Palic,
Annex 69a, pp.606-1 - 606-21606-3 - 606 - 4; lnformacija O
zbrinjavanju izbeglih gradjana na teritoriji opStine Subortica lnformation
about providing shelter and assistance to the refugees in the territory
of the muinicipality of Subotica, Annex No 69b, pp606-5 - 606-81606-
91606-10 - 606-14 Iriformacija Komeserijata za izbeglice Republike
Srbije poslata ministairstvu informacijallnformation of the commissairat
for refugees of Republic of Serbia sent to the ministry for information,
Annex 69c, pp. 606-151606-16).
1.3.5.27. Regarding respect to the charge that the authorities
of the FR of Yugoslavia issued passports to Muslim refugees at
Palic, Yugoslavia, "although the deported people did not request that",
it is pointed out that the Convention relating to the status of refugees
of 28 July 1951 provides for the obligation of a State to issue travel
documents to every refugee in its territory, as well as a special
obligation towards refugees who are not in their own territory and are
unable to obtain a travel document from their country of residence
(Article 28, Convention on the Status of Refugees of 28 July 1951,
Annex No 70, pp 607-608)
1.3.5.28. The allegations from para. 2.2.5.10 of the Memorial
(p. 51) are generalized and should be documented. The
accommodation of Serb refugee families in abandoned Muslim houses
is nothing out of the ordinary as this has been the fate of refugees
on al1three sides. As to the "issuance of passes" to Muslims and the
implicit accusation by the Applicant that it was meant to control and
restrict theirmovement in the village of RipaC near Bihac, it is
pointed out that this practice existed in the territories under Muslim
and Croat control. The United Nations Special Rapporteur has also
pointed out some cases of the isolation of Serbs. According to his
report the Serbs weri: isolated in the town of Banovici and village of
Stupari (Periodic Report of the United Nations Special Rapporteur,
ElCN.41199413, 5 may 1993 paras. 74 and 75, Annex No 71, pp.
611-612).
1.3.5.29. The movement of Serbs is restricted in every Croat
and Muslim city whivre they are held as hostages: Zenica, Tuzla,
Mostar, capljina, etc. In his Third Report, para.85, the Special
Rapporteur points out: "The Government (Muslims) does not have the
right to restrict the freedom of movement of thousands of people only
because they belonlg to a certain ethnic group. International law
prohibits collective piinishment" (Periodic Report of the United Nations
Special Rapporteur, para. 91, Doc. ElCN1199413,5 May 1993, Annex
No 72, pp. 614). 1.3.5.30. In respect of Tuzla, the Special Rapporteur States:
"The situation is desperate and almost al1the 18,000 Serbs believed
to be in Tuzla wish to leave it." (Periodic Report of the United
Nations Special Rapporteur, para. 69,Doc. EICNl199413,5 may 1993,
Annex No 73, pp.616). Also, an equal sign is put in the Report
between "ethnic cleansing" and the forcing of people to remain where
they are: "...Forcing people to remain where they are (Tuzla-Banovici)
is not the antidote to 'ethnic cleansing"'. (Special Rapporteur, para.
91, Doc. EICNl199413, Periodic Report of the United Nations 5 may
1993, Annex 74, pp. 618-619).
1.3.5.31. As to the allegations made in para. 2.2.5.12 of the
Memorial (p. 52), the Respondent wishes to draw the attention of the
Court to the fact that the Muslim leadership of Sanski Most was
preparing an attack on the Serbs. These preparations were more
extensive than the ones in 1941 when 3,000 Serbs were killed by the
Muslims in this area in three days. The Serbs learned of these
preparations and, forestalling the Muslim attack, arrested their leaders
on 25 May 1992. The arrested Muslim leaders admitted that they had
been planning to take over power and massacre the Serbs. (Branko
Bokan, Bosnian Krajina, War Crimes and the Crime of Genocide
1991-1992, SANU, Belgrade, 1993, p.292, Annex No 75, pp. 620-
6211623).
1.3.5.32. In para. 2.2.5.12 of the Memorial (p. 52), the
Applicant presents contradictory and illogical allegations to the effect
that the town of Sanski Most was surrounded by tanks and armoured
vehicles, shelled al1 day, and that only then was "an ultimatum
presented to the population to surrender". It is hard to believe that
such a force would have presented an ultimatum to the population to
surrender after the said action. It is evident that fierce fighting had
taken place between armed formations.
1.3.5.33. The allegations presented in the para 2.2.5.14. of the
Memorial (p. 53) are not based on facts: The village of Cerska is just
one in a string of villages stretching along an area about 30-40 km
long, also called Cerska. On the rim of the area with the Muslim
population lie Serb villages which were burned down by the Muslims
at the beginning of the civil war, while the villagers were killed and
wounded. (See chapter 7 of the Counter-Memorial)
1.3.5.34. The Muslim forces retreated afîer the Serb forces
launched a counter-attack. That armed fighting and concomitant
events are involved is evinced by a witness whose statement is
quoted in the Report of the Special Rapporteur of 5 May 1993:
"When the time came to leave the village of Cerska proper, amember of the local civil defence is reported to have visited each
house and calmly told people that the lines could not be held and
that everyone shoulcl leave that night. It is reported that almost
everyone who remairied in Cerska village left in a group of about
10,000 people on the night of 1 or 2 March, using the trail towards
Konjevic Polje along the river". (Periodic Reportof the United Nations
Special Rapporteur, para. 15, Doc. ElCN1199413,5 May 1993, Annex
No 76. pp. 625). Thal:witness, testifying also to the entry of the Serb
forces into the village of Cerska,does not mention any atrocities on
the part of the Serb army. He does not confirm the participation of
the Army of Yugoslavia on the Serb side either. Assertions to the
contrary are untrue and have been taken over by the Applicant in
para. 2.2.5.14 of the Memorial (p. 53) from the Seventh USA
Submission of 12 April 1993, (S125586),p. 13, in which it is alleged,
without disclosing tht: sources, that the Serb forces comprised the
regular troops of the Army of Yugoslavia and that the Serb forces
prevented the medical evacuation of Muslim women, children, the
elderly and 1,500 woiinded. The Respondent denies these allegations.
1.3.5.35. The only source of information about the incident in
Cerska was a Muslim amateur radio operator. The United Nations
forces in the area followed the tack of this information. However, in
its issue of 9 March 1993, "Le Monde" of Paris carried an article
entitled: "Not a Trace of Massacre". General Philippe Morillon, United
Nations Force Commander and, incidentally, the only one against
whom the Muslims did not object, went to Cerska from Sarajevo to
verify the report of the ham radiooperator and said on that occasion:
Thank God, it seems that nothing horrible has happened. On the
contrary, the Serb forces transferred a pregnant woman who could
not leave the village to hospital. We can confirm that there is no
trace of massacre and that we have not found a single body."
(Philippe Morillon, "Ailcune trace de massacres". Le Monde, 9 March,
Annex No 77, pp. 626).
1.3.5.36. The Respondent wishes to draw the attention of the
Court to some contradictory allegations: 1) a witness quoted in the
Report of the United Nations Special Rapporteur of 5 May 1993 says:
"When the time carne to leave the village of Cerska proper, a
member of the local civil defence is reported to have visited each
house and calmly told people that the lines could not be held and
that everyone should leave that night. It is reported that almost
everyone who remained in Cerska village left in a group of about
10,000 people on the night of 1 or 2 March, using the trail towards
Konjevic Polje along the river". (Periodic Reportof the United Nations
Special Rapporteur, para. 15, Doc. EICNl199413,5 may 1993). 2) In
para 2.2.5.14 of the Memorial, it is said: "Serb forces from the VJ
(Yugoslav Army) atjvanced to take the village, obstructing theevacuation of Muslirn wornen, children and the elderly and
approxirnately 1,500 wounded, causing thern to flee to the woods.
They subsequently were exposed to deep snow and lack of food,
causing rnany to perish". The second allegation is contrary to the first
one and it is not contained in the Report of 5 May 1993 as stated in
pare. 2.2.5.14 of the Mernorial.
1.3.5.37. From these two quotations frorn the same Report of
the United Nations Special Rapporteur it may be concluded that the
witness was telling the truth when he said that both the soldiers and
the civilians retreated along the river valley towards a dale called
Konjevic Polje. There was no fleeing to the woods because there
was heavy snow in the area at that tirne. Also, the Special
Rapporteur fails to explain how it was possible for 1,500 wounded
people to flee to the woods. The Serb arrny could not, nor did it
want to, prevent evacuation and the witness also says that the
soldiers inforrned the people the night before that Cerska had to be
abandoned. Obviously, the troops and people proceeded in an
organized fashion along the river valley, without stopping. The
Respondent denies any participation of the Yugoslav Arrny in the said
events.
1.3.5.38. In an atternpt to create an impression that genocide
of Muslirns has been cornrnitted, the Applicant rnakes repeated
references to the demolition of rnosques, even though such acts do
not fall under the crime of genocide. This is done also in para
2.2.5.15 of the Mernorial (p. 54), where it is pointed out that 6
rnosques were dernolished in Bijeljina on 4 March 1993 and that
even a BBC television crew could film the effects of the destruction.
(Eighth USA Submission, 16 June 1993). In any case these acts
cannot be irnputed to the Respondent.
1.3.5.39. The main evidence by which the Applicant, after
presenting a series of allegations in this section, seeks to prove the
commission of the act of genocide, is its insistence on the
"systernatic and barbarian nature of the acts (para. 2.2.5.16 of the
Mernorial, p. 54). The Applicant has not proved any of its allegations
and the greatest nurnber of the acts rnentioned by the Applicant has
never occurred. What has really happened is not the result of
systernatic carnpaign but of spontaneous activities of the local
population.
1.3.5.40. The alleged acts indicated Section 2.2.5. cannot be
attrubuted to the Respondent. 1.3.6. Alleged Creation of Destructive Conditions of Living
1.3.6.1. The Applicant has not presented anything in Section
2.2.6. of the Memorial which could be qualified as "deliberately
inflicting on the groupl conditions of life calculated to bring about its
physical destruction in whole or in part" in thesense of Article Il of
the Genocide Convent.ion.
1.3.6.2. The Muslim media addressed public calls for the
slaughter of Serbs. This was done with utmost bestiality by "Vox" and
"Zmaj od Bosne" newspapers and by Radio "Hajat".
1.3.6.3. The Serb media either in the Republic of Srpska or
the FR of Yugoslavia never incited people to war, slaughter or killing.
It was exactly for these purposes that the Applicant abused the
media under its control.
1.3.6.4. After the explosion at the Markale market, established
to have been causetj by the Muslims, an anchorman of Sarajevo
Muslim Radio Hajat, hosted a live call-in programme. Ten Muslim
listeners, using almo'st the same language and giving the same
advice, called for the slaughter of a number of Serbs for every
Muslim killed and de:nied every possibility of CO-existencewith the
Serbs. The host of the programme supported his listeners in their
calls to massacre the Serbs. This is a unique case in the whole
world that members of one nation have been called via radio to
massacre another nation. (Evidence: Transcript of the taped
programme, Annex No 78, pp. 627-6291630-635).
1.3.6.5. The ".Zmaj od Bosne" newspaper, published in Tuzla,
called on every Muslim to name a Serb and take an oath to kill him.
This was recorded by the United Nations Special Rapporteur in his
Periodic Report (E1C;N.41199413, para. 72, Annex, 5 May 1993,
Annex No 79, pp. 63'7).
1.3.6.6. How f'ar the hatred of the Serbs may go is shown by
an article in which the Serbs are compared to dinosaurs. ("TL"
independent paper, Tuzla, 26 April 1993, Annex No 80, pp. 6391640-
641).
1.3.6.7. The FR of Yugoslavia is accused in para 2.2.6.2 of
the Memorial (p. 55) of a one-sided approach to events in the former
Yugoslav republic of Bosnia-Herzegovina. The Applicant argues that
the media in the FFI of Yugoslavia presented a distorted picture of
"historic and current crimes". The Applicant puts the word crime in
quotation marks, as well as the phrase against the Serbian people,
implying in that way that no crimes have been committed against theSerbian people in the past and at present and that these crimes
have been made up by the media in Serbia in order to spread ethnic
hatred. Unfortunately, the situation is quite different. The media
reported about the crimes committed against the Serbs in the past
and at present only when their repetition became both possible and
certain.
1.3.6.8. Courtesy of CNN and Sky News, the Muslim
authorities broadcastal1over the world, false accusations relating to
an attack on retarded children while in fact the Muslims had taken
these children, out of the Mjedenica institution in Sarajevo themselves
and used them as a live shield. (Testimony of a doctor witness in
"Eradication of the Serbs", Rad, Belgrade, 1994, p. 167, Annex No
81).
1.3.6.9. When a Serb woman, arrested and repeatedly raped
by the Muslims came to the KoSevo hospital for an abortion after her
release from prison, she was told that she could have an abortion on
condition that she state on television that she had been raped by the
Serbs. She refused, crossed over to the Serb territory and delivered
her child in Belgrade (Testimony of a woman witness. "Eradication of
the Serbs", Rad, Belgrade, 1994, p. 255, Annex No 81).
1.3.6.10. Before the outbreak of war a flyer was circiilated in
Mostar, with the message that Serbs were to be given the cold
shoulder everywhere, that they were to be rendered no service and
they were equated with dogs. The sarcasm was ratcheted up with the
remark that an apology to dogs was in order. ("Eradication of the
Serbs, Rad, Belgrade, 1994, p.36, Annex No 81).
1.3.6.11. In para 2.2.6.4 of the Memorialp. 56), the Applicant
classifies as genocide the taking of Muslim flats in Banja Luka and
qualifies it as "ethnic cleansing". This accusation is based on the
information received from the United Nations Special Rapporteur that
displaced Serbs were moving into flats they had seized from the
Muslims. In point of fact, these were not displaced Serbs, but Serb
refugees, the victims of the "ethnic cleansing" carried out by the
Muslims and Croats on the territories under their control. This is a
chain reaction triggered by the Muslim and Croat sides.
1.3.6.12. On 21 June 1992, the Croatian terrorist organization
HOS, ordered that al1 Serb houses in Jajce "conveniently located in
respect of the HOS headquarters" be put at the disposal of "HOS
members". (Zapovijed HOS-alorder of HOS, 21. June 1992, Annex
No 82, pp. 6421643; Lista srpskih stanova pregledana od strane
ministarstva unutrasnjih poslovalList of Serb flats reviewed by the
ministry of interna1 affairs, Annex No 83, pp. 644-6701671-706). Onthe basis of the subrnitted data concerning the inspection of the flats
in Jajce made by the Station for Public Security of the Interior, which
was under the control of the Government of Bosnia and Herzegovina,
it is evident that Muslims and Croats moved without any
autthorization into the deserted flats of the Serbs. ("Pakao za
Srbe"1Hell for the Serbsl, "VeCernje novostifrhe Evening News, 27
decembar 1994., Annex No 84, pp. 7071708). As a matter of fact,
30,000 Serbs and 20,000 Croats left Tuzla.
1.3.6.13. In para 2.2.6.4 of the Memorial (p. 56), it is alleged
that Muslim draft dodgers lost their jobs. Since every state mobilizes
al1 available manpower in time of war, the three sides in
Bosnia-Herzegovina had agreed not to cal1 up members of other
nations. Alija Izetbegovic was the first to breach the agreement,
passed a decree witli the force of law proclaiming al1 inhabitants of
the Republic of Bosnia-Herzegovina its nationals and on that basis
sealed off exit from the Muslim-held territory and turned the Serbs
into hostages. Mobilized Serbs are sent to the front line to fight the
to clear minefields and dig trenches, contrary to the Geneva
Serbs,
Conventions. Those who refused to be drafted were sentenced as
deserters to long imprisoment, even in situations where it was evident
that those indicted had been born in the territory of another republic.
(Izjava svedoka S.M.ltestimony of the witness S.M. - Documentation
Centre of the Commissariat for Refugees of the Republic of Serbia,
No. 71100268, Annex No 85, pp. 709-711/712-714).
1.3.6.14. The practice of dismissal from work which, it seems,
has been resorted to by al1 sides in Bosnia and Herzegovina is not
genocide nor violation of any other obligation established under the
Convention on the Prevention and Punishment of the Crime of
Genocide and cannot be attributed to the Respondent.
1.3.6.15. The Bosnian Serbs and, in para 2.2.6.5, also the FR
of Yugoslavia are acxused of preventing the movement of convoys
carrying humanitarian aid and medical equipment. Two instances are
adduced.
1.3.6.16. In the Memorial, the Applicant refers to the Sixth
Periodic Report of the United Nations Special Rapporteur,
ElCN.4119941110,(Annex No 86, 716-717). para. 69, but omits paras.
71 and 72. in which it is said:
"Bosnian Croat forces have interfered with aid deliveries for or
in transit through areas under their control". (para 71)
"Interference with aid and other related practices also occur in
territory under the control of the Government of Bosnia and
Herzegovina and result in suffering no less grave than that in other
parts of the country.(......)
In November an aid worker was killed by government troops
in VareS and there have been repeated attacks on ICRC vehicles in
both western and eastern Mostar". (para 72)
1.3.6.17. The Serbs are accused in paras. 2.2.6.7 and 2.2.6.8
of the Memorial (p. 57) of laying siege to, and of shelling, towns. It is
clear that one cannot speak of a siege, especially with respect to the
city of Sarajevo. A number of United Nations commanders have
stated that its encirclement by the Serbs is primarily of a defensive
nature, the aim of which was to retain their territory and not to
capture new territory. This seemed to them a strange kind of siege,
as those laying siege allowed passage to humanitarian convoys both
by land and by air. (Campaign Against Militarism, Information,
February 1994, No. 4, story 16, Annex 87, pp. 719-720).
1.3.6.18. The assertion of the Applicant to the effect that
"siege is just another tactics applied to force the Muslims and Croats
to flee", (para. 2.2.6.8 of the Memorial, p. 57) is both absurd and
ridiculous. There is no escaping a genuine siege. If the siege had
been genuine, there would not have been an unbelievable number of
over 50 newspapers, three television and five radio stations.
The existence of the siege is denied by repair works and the
construction of gas pipelines, undamaged facilities and strong logistic
support.
The printing material, spare parts and equipment for radio and
television stations were delivered on a regular basis, and the
state-of-the-art generators were used in case of electricity cuts.
The Serb side had nothing of the kind at its disposal.
1.3.6.19. The real situation in Sarajevo was described by
General Charles Boyd who was the deputy of the United States Chief
Commander for Europe in period November 1992 - July 1995.: "The
city's actual suffering,however, does not change the reality that the
image of Sarajevo, battered and besieged, is a valuable tool for the
Bosnian government. As that government was commemorating the
thousandth day of the siege, local markets were selling oranges.
lemons. and bananas at prices only slightly higher than prices in
western Europe. At the same time the commercial price of gasoline
in Sarajevo was 3.5 percent cheaper that gasoline in Germany. A
World Food Programme survey in May 1994 found that, aafter a
tough winter for Sarajevo, no one in the city was malnourished, and
only a small percentage of the population was undernourished. Even
the rate of violent deaths had gone down considerably in 1994 (324
for the year according to the United Nations: the per capita rate was
comparable to some North American cities and sligtly lower thanWashington, D.C.), Although press coverage and government
statements gave the image of unrelenting siege.
Some of the city's suffering has actually been imposed on it
by actions of the Sarajevo government. Some were understandable
policies, like the restrictions on travel to prevent the depopulation of
the city during those periods when movement was possible. Others
were the by-product of government weakness. Like relying on the
Sarajevo underworld for the initial defense of the city, thereby
empowering criminal elements that look their toll on the population,
especially Serbs. Still others were intentional; whether out of
individual greed or official policy is unclear. Government soldiers, for
example, have shelled the Sarajevo airport, the city's primary lifeline
for relief supplies. The press and some governments, including that of
the United States, usually attribute al1such acts to the Serbs, but no
seasoned observer i11 Sarajevo doubts for a moment that Muslim
forces have found it in their interest to shell friendly targets. In this
case, the shelling usually closes the airport for a time, driving up the
price of black-market goods that enter the city via routes controlled
by Bosnian army commanaers and government oficials. Similarly,
during the winter of 1993-94, the municipal government helped deny
water to the city's population. An American foundation had
implemented an innovative scheme to pump water into city's empty
lines, only to be denied permission by the government. for health
reasons. The denial had less to do with water purity than with the
opposiotion of some Sarajevo officials who were reselling U. N. fuel
donated to help distribute water. And, of course, the sight of
Sarajevans lining up at water distribution points, sometimes under
mortar and sniper fire, was a poignant image". ("Making Peace with
the Guilty, The Truth About Bosnia", Charles G. Boyd, "Foreign
Affairs", Annex No 88, pp. 721-727)
1.3.6.20. Sarajevo, as a divided city, was not so much
surrounded as it was sub-divided internally into sealed-off sections, to
enhance the image of suffering people in the eyes of the media and
for looting purposes. United Nations Force Commander Philippe
Morillon said to the Prague daily "Lidove noviny" that the Bosnian
regime (Muslims) wanted Sarajevo to continue to be pitied by the
world which is why they refused on several occasions to make it
possible for UNPROFOR to arrange a truce. The Bosnian armed
forces are provoking Serbian shelling. Therefore, there is no siege of
Sarajevo (Peter Brock, Dateline Yugoslavia: the Partisan Press,
Foreign Policy, Washington, No 93, Winter 1993-94, Annex No 89,
pp. 728-738).
1.3.6.21. The Muslim government had taken the position that
it would not permit evacuation of children from Sarajevo whereby, by
abusing them, it violated the Convention on the Rights of the Child. 1.3.7 .he United Nations Security Council Allegedly Confirrns
the Existence of a Carnpaign of Genocide by the Federal
Republic of Yugoslavia
1.3.7.1. On the basis of the refusal of Yugoslavia to accept
monitors on the border with the former Yugoslav republic of Bosnia
and lierzegovina a conclusion is made in para. 3.2.0.12 of the
Memorial (p. 103) that Yugoslavia was not prepared to discontinue
the operations of its forces and of the forces it was allegedly
supporting in the genocidal campaign. It is clear that the refusal of a
sovereign State to accept monitors on its border and its reiteration of
the fact that it is capable of controlling the border itself cannot be
interpreted in this way. It is also clear that it cannot be concluded on
the basis of this refusal that there is a continued participation of
Yugoslav forces in alleged genocide or that support is being extended
to forces involved in alleged acts of genocide.
1.3.7.2. In para. 3.2.0.13 of the Memorial (p. 103) it is said:
"One element of this continued participation relates to air support
given to Bosnia Serb forces operating within the Republic of Bosnia
and Herzegovina. On 9 October 1992, the Council adopted Resolution
781 (1992) which, in response to the use of Federal Republic of
Yugoslavia ... air power, established a ban on military flights in the
airspace of the Republic of Bosnia and Herzegovina." Yugoslavia did
not extend air support to the forces of the Bosnian Serbs. There was
no need for that because these forces retained a number of combat
aircraft upon the withdrawal of the Yugoslav People's Army. This fact
is confirmed by the Applicant further in the text of the same
paragraph. The ban applied to flights of aircraft of al1 the sides and
not only of one side. The motivation for its adoption was primarily the
need to increase the safety of convoys carrying humanitarian relief
supplies.
1.3.7.3. In the same paragraph it is further said: "The Council
strongly condemned this further violation (at the time 465 violations
had been reported), and demanded from the Bosnian Serbs an
immediate explanation of the afore-mentioned violations and
particularly of the aerial bombardment. It also requested the
Secretary-General to ensure that an investigation be made of the
reported possible use of the territory of the Federal Republic of
Yugoslavia ... to launch air attacks against the territory of the
Repuhlic of Bosnia and Herzegovina (Sl25246, 17 March 1993)".
Clearly the demand was addressed to the Bosnian Serbs. It is also
clear that there is no confirmation of the use of the Yugoslav territoty
to launch air attacks on targets in the former Yugoslav republic of
Bosnia and Herzegovina. In view of the afore-mentioned, the last sentence of ttie same
para.3.2.0.13 of the Memorial (p. 104) does not correspond to the
facts, either.
1.3.7.4. In para. 3.2.0.14 of the Memorial (p.104) it is said
that the Security Council had pointed to a number of individual
elements of the geriocidal campaign. It is further said that "ln
Resolution 798 (1992) of 18 December 1992, it strorigly conderrined
the massive, organized and systematic detention and rape of women,
in particular Muslirn wonien, in Bosnia and Herzegovina. Tbe Council
also expressed deep concern at reports of abuses against civilizns
imprisoned in camps, prisons and detention centres and dernanded
unimpeded and continuous access to al1 camps, prisons 2nd
detention cemps to be granted immediately to hiimanitarian
organizations, and huinan treatment for detainees, including adequate
food, shelter and medical care."
In Security ,Gouncil Resolution 798 (1992) of 18 Decernber
1992 no party is indicated as the perpetrator of the said actç. Nor is
it expressly stated that the said acts have indeed been committed.
For. the Resolution, inter alia, reads:
"Appalled by reports of the massive. organized ar?d
systematic detention and rape of women ..."and
"Taking note of the initiative taken by the European Coiincil
on the rapid dispatch of a delegation to investigate the facts received
until now, ...".
Accordingly, the Security Council is in possession cf sorne
reports and takes note of the initiative of the European Coi~ricii to
send a delegation to investigate the facts. Nonetheless, the Sec~rity
Council "Strongly ccindemns these acts of unspeakable brutaiity;
Requests the Secreta.ry-General to provide such necessary rneans of
support as are availa.ble to him in the area to enable the European
Community delegatior~to have free and secure access to the place of
detention;".
So, it can be seen that the Security Councii first condemned
"these acts of urispeakable brutality", and then asked the
Secretary-General to help establish the facts.
1.3.7.5. In the! same para. 3.2.0.14 of the Memorial (p. 104) it
is further said: "lnSC) doing, as is evidenced in the releva~t Council
debates accompanying the adoption of the respective resolutioric and
decisions, it confirmeld the existence of, and condemned, the practice
of establishing concentration camps at which torture and arbitrary
killings were condiicted, mainly against Muslim civilians (e.g.
Presidential Statement S/24378, 4 August 1992; Resolution 770
(1992), 13 August 11992; Resolution 771 (1992), 13 August 1992;
Presidential Statement S/26437, 14 September 1993)."
In the Statement by the President of 4 August 1992 it is said: "The Security Council is deeply concerned at the continuing
reports of widespread violations of international humanitarian law and
in particular reports of the imprisonment and abuse of civilians in
camps, prisons and detention centres within the territory of the former
Yugoslavia and especially in Bosnia and Herzegovina. The Council
condemns any such violations and abuses and demands that relevant
international organizations, and in particular the International
Committee of the Red Cross ...,be granted immediate, unimpeded and
continued access to al1such places and calls upon al1 parties to do
al1in their power to facilitate such access."
The statement is too general to allow for a reliable conclusion
to be made that the alleged acts of genocide have been committed
and to determine the perpetrators of these acts. Besides, "the territory
of the former Yugoslavia" means the territory of the former Socialist
Federal Repub!ic of Yugoslavia. There were no camps, prisons or
centres and there are not any now in the territory of the Federal
Republic of Yugoslavia in which the said acts have allegedly been
committed. There have been such places in the territory of the former
Yugoslav republic of Bosnia and Herzegovina and if acts of genocide
have been committed in such camps, prisons and centres the
responsibility for their commission should be borne by the side on
whose territory these acts of genocide took place.
In Security Council Resolution 770 (1992) of 13 August 1992
it is said:
"Deeply concerned by reports of abuses against civilians
imprisoned in camps, prisons and detention centres,
1......../..
Demands that unimpeded and continuous access to al1
camps, prisons and detention centres be granted immediately to the
International Committee of the Red Cross and other relevant
humanitarian organizations and that al1 detainees therein receive
humane treatment, including adequate food, shelter and medical
care;...".
No mention is made of the location of camps, prisons and
detention centres nor of the responsible party.
Security Council Resolution 771 (1992) of 13 August 1992
reads as follows:
"Expressing grave alarm at continuing reports of widespread
violations of international humanitarian law occurring within the
territory of the former Yugoslavia and especially in Bosnia and
Herzegovina including the deportation of civilians, imprisonment andabuse of civilians in detention centres, deliberate attacks on
non-combatants, hospitals and ambulances, impeding the delivery of
food and medical supplies to the civilian population, and wanton
devastation and destruction of property,
1......./.
"Reaffirms that al1 parties to the conflict are bound to comply
with their obligations under international humanitarian law and in
particular the Geneva Conventions of 12 August 1949, and that
persons who commit or order the commission of grave breaches of
the Conventions are individually responsible in respect of such
breaches;
"Strongly condemns any violations of international
humanitarian law, including those involved in the practice of 'ethnic
cleansing';
"Demands that al1 parties and others concerned in the former
Yugoslavia, and al1 military forces in Bosnia and Herzegovina,
immediately cease and desist from al1 breaches of international
humanitarian law including from actions such as those described
above; ..."
No acts of the kind mentioned above have been committed in
the territoy of the Federal Republic of Yugoslavia nor have the
organs of the Federal Republic of Yugoslavia taken part in any such
acts. The formulation:^are too general to warrant a reliable conclusion
that they comprise the commission of genocide. In point of fact, the
Resolution makes mention of the breaches of the 1949 Geneva
Conventions.
References aire also made in the Memorial to the Presidential
Statement (5126437) of 14 September 1993. In that statement it is
said:
"The Securitgf Council expresses its profound concern over
recent reports that Bosnian Croats have been holding Bosnian
Muslims in detention camps under deplorable conditions. The Council
recalls the internatiorial revulsion and condemnation that accompanied
revelations last year of the conditions under which Bosnian Muslims
and Bosnian Croats were being held in Bosnian Serb detention
camps."
The above s'tatement bears witness to three things. One, the
Applicant seeks to attribute to the FR of Yugoslavia al1 the ills that
have befallen the Muslims in Bosnia, including the atrocities
committed by the Bosnian Croats. Two, in its 1992 resolutions the
Security Council meant the detention camps maintained by the
Bosnian Serbs. And three, consistent in their prejudice against the
Serbs as the main culprit, some members of the Security Council
could not help referring to the alleged previous crimes of the BosnianSerbs even when talking about the crimes committed by the Bosnian
Croats.
1.3.7.6. In para. 3.2.0.15 of the Memorial (p. 105) it is said:
"The Council also addressed what is perhaps the most direct
manifestation of the policy of genocide: the military attacks directed
against civilians, including the bombardment and shelling of civilian
centres and even concentrations of displaced persons, and the
preclusion of humanitarian aid deliveries as a means of warfare
against civilians." The Respondent disagrees with the Applicant on
the legal qualification of the said acts as genocide. Military attacks
directed against civilians are certainly prohibited under the 1949
Geneva Conventions but they cannot be qualified as genocide. In
order to be qualified as genocide they have to be directed against
members of a group protected under the Convention on the
Prevention and Punishment of the Crime of Genocide and there must
be a genocidal intent. The bombardment and shelling of civilian
centres in which, in addition to the Muslims, also lived the Serbs, as
ethnic hostages, cannot be qualified as genocide, because in such
instances these acts cannot be directed against the members of one
ethnic or religious group. "Concentrations of displaced persons and
the preclusion of humanitarian aid deliveries as a means of warfare"
are not acts of genocide, either.
1.3.7.7. In the same para. 3.2.0.15 of the Memorial (p. 105) it
is further said: "ln August 1992, the Council responded to this
strategy of genocide through mass killing and starvation of civilian
population which had been directed mainly at Muslims." In August
1992 the Security Council adopted three resolutions: Resolution 769
(1992) of 7 August 1992, Resolution 770 (1992) of 13 August 1992
and Resolution 771 (1992) of 13 August 1992. None of the three
makes any mention of "mass killing and starvation of civilian
population". Nor is it said in the resolutions that the said breaches of
humanitarian law had been directed "mainly at Muslims".
1.3.7.8. In para. 3.2.0.16 of the Memorial (p. 105) the
Applicant repeats the allegation about "the use of starvation of a
civilian population as a means of warfare". It has already been
argued that, in view of the specific circumstances, it cannot be
qualified as an act of genocide. In point of fact, there was a large
number of Serbs in the surrounded places who were not allowed to
leave. Hence, "the use of starvation of a civilian population as a
means of warfare" even if it did exist, cannot be qualified as
genocide because it is not directed solely against the members of
one ethnic or religiousgroup. 1.3.7.9. In para. 3.2.0.17 of the Memorial (p. 106) it is said:
"ln Resolution 780 (1992) of 6 October 1992, the Council also
confirmed the existence of widespread violations of humanitarian law
in the context of the campaign of so-called ethnic cleansing, and the
practice of 'mass killnngs' in that context (also Resolution 808 (1993),
22 February 1993)." However, in Security Council Resolution 780
(1992) of 6 October 1992 it is said: "Expressing once again its grave
alarm at continuing reports of widespread violations of international
humanitarian law occurring within the territory of the former
Yugoslavia and especially in Bosnia and Herzegovina, including
reports of mass killirigs and the continuance of the practice of 'ethnic
cleansing',..."Security Council Resolution 808 (1993) of 22 February
1993 repeats the same formulation. Obviously it is not possible to
Say "the Council ..confirmed the existence of widespread violations
of humanitarian law ..."For, it was precisely by Resolution 780 (1992)
of 6 October 1902 that the Security Council requested the
Secretary-General to set up a Commission of Experts to investigate
and analyze information on violations of humanitarian law. At any
rate, there have been no mass killings nor any practice of ethnic
cleansing in the territory of the Federal Republic of Yugoslavia. Nor
have the organs of 'the Federal Republic of Yugoslavia taken any part
in any such practice. They have not aided or abetted it, either.
1.3.7.10. In the same para. 3.2.0.17 of the Memorial (p.106) it
is further said: "Later that month, the Council expressed its revulsion
at the fact that even those civilians who had been subjected to
so-called ethnic cleansing and were fleeing from the city of Jajce,
were subjected to attacks from Serb forces (Presidential Statement,
Sl24788, 30 October 1992). Atrocities of this kind, verified and
condemned by the Council, confirm the existence of a strategy not
only to remove members of an ethnic or religious group from
particular regions, but indeed to destroy them, even when attempting
to escape." The Presidential Statement of 30 October 1992 reads:
"The Security Council is appalled by the most recent reports
that Serb militia in the Republic of Bosnia and Herzegovina are
attacking civilians fleeing from the city of Jajce.
"The Council strongly condemns any such attacks which
constitute grave violations of international humanitarian law, including
the Geneva Conventions, and reaffirms that persons who commit or
order the commission of grave breaches of these Conventions are
individually responsible in respect of such breaches. The Council
wishes that such violations be brought to the attention of the
Commission of Experts mentioned in resolution 780 (1992)".
Mention is made in the Presidential Statement of the Serb
militia which allegedly committed attacks, but no mention is made ofatrocities. Also, it is not said in the Statement that the attacks were
being carried out the orders of the FR of Yugoslavia. Indeed, it is
known that the organs of the Republic of Srpska allowed the
relocation of Muslim and Croat children, women, the elderly and the
sick from places threatened by war operations to places which were
not. Hence this event, even if it did happen, cannot be described as
a "strategy".
1.3.7.1. In the same para. 3.2.0.17 of the Memorial (p. 106)
the Applicant refers to Security Council Resolution 787 (1992) of 16
November 1992 in which the Security Council demanded that al1
forms of external interference in the Republic of Bosnia and
Herzegovina, including the infiltration of irregular units and perçons,
cease. Indeed, this demand is expressly made in para 5. of the
Resolution, but no mention is made of the FR of Yugoslavia.
However, mention is made of the Croatian army. Besides, there was
a large- scale infiltration of mujaheddins from Muslim countries.
1.3.7.12. In para. 3.2.0.18 of the Memorial (p. 106) it is said:
"As its demands for compliance remained unheeded, the Security
Council gradually widened the mandate of the United Nations
Protection Force (UNPROFOR), initially to escorl humanitarian aid
convoys. Even then, these entirely humanitarian efforts, aimed at
ensuring the very survival of the mostly Muslim populations, were
consistently obstructed by Serb forces, leading the Council to adopt
the desperate measure of air-drops, in its attempt to prevent the
extermination of large segments of the population through starvation
(Presidential Statement Sl25334, 25 February 1993). "That Statement,
however, reads:
"The Security Council, having received a report from the
Secretary-General, recalls al1 its relevant resolutions and its
statements of 25 January 1993 (S125162) and 17 February 1993
(Sl25302) concerning the provision of humanitarian relief in the
Republic of Bosnia and Herzegovina. It is deeply concerned that, in
spite of its repeated demands, relief efforts continue to be impeded
by Serb paramilitary units, especially in the eastern part of the
country, namely in the enclaves of Srebrenica, Cerska, Goraide and
fepa.
1..........l
"The Security Council strongly condemns once again the
blocking of humanitarian convoys that has impeded the delivery of
humanitarian supplies. It reiterates its demand that the Bosnian
parties grant immediate and unimpeded access for humanitarian
convoys and fully comply with the Security Council's decisions in this
regard. The Security Council expresses its strong support for the use,
in full coordination with the United Nations and in accordance withthe relevant Security Council Resolutions, of humanitarian air-drops in
isolated areas of the Republic of Bosnia and Herzegovina that are in
critical need of humanitarian supplies and cannot be reached by
ground convoys ...".
The Statement of the President of the Security Council refers
to Serb paramilitary units. In effect, the local Serb population in
eastern Bosnia opposed the delivery of humanitarian aid to Muslim
enclaves because in the second half of 1992 and the beginning of
1993 they had been the victims of genocidal acts at the hands of
Muslim forces controlled by the government in Sarajevo. The
Applicant argues that these acts were directed at communities with a
majority Muslim popiilation. Consequently, they also afflicted other
minority non-Muslim populations. Acts of impeding the passage of
UNPROFOR humanitarian convoys do not constitute acts of genocide
nor can they be attributed to the FR of Yugoslavia.
1.3.7.13. In para. 3.2.0.18 of the Memorial (p. 107) it is further
said: "ln March 1993, the Council was once more constrained to
demand that 'the killings and atrocities must stop', reaffirming that
those guilty of crirnes against humanitarian law will be held
individually responsible by the world community (Presidential
Statement 325361, 3 March 1993). Subsequently, the Council
affirmed that the crime of genocide was included in these violations
of humanitarian law by adopting the Statute of the International
Tribunal...". The Statement of the President of 3 March 1993 refers to
"Serb paramilitary units" and "the Bosnian Serb side". The acts of the
said parties cannot be attributed to the FR of Yugoslavia. The
Statements of the President of the Security Council refer to violations
of the 1949 Geneva Conventions andlor violations of international
humanitarian law. The Statements make no mention of genocide,
while neither violatioris of the 1949 Geneva Conventions or violations
of international humanitarian law necessarily constitute acts of
genocide. The Security Council changed nothing in the definition of
genocide by adopting the statutes of ad hoc tribunals for the cases
of Yugoslavia and Rwanda. Even if it had, that would be irrelevant to
the present case.
1.3.7.14.In para. 3.2.0.19 of the Memorial (p. 107) it is said:
"The Council responded to this practice of Serb forces of encircling
mainly Muslim inhabited areas and then bombarding the civilian
population and displaced persons therein, coupled with the denial of
humanitarian access, by establishing the so-called safe havens,
initially inSrebrenica, and later in other areas, including Sarajevo.
(Resolutions 819 (1993), 3 April 1993, 824 (1993), 6 May 1993)".
Resolution 819 (1993) refers to "Bosnian Serb paramilitary units"
which were operatinig in eastern Bosnia. The acts of these unitscannot be attributed to the FR of Yugoslavia. The FR of Yugoslavia
never supported the unlawful activities of these units. It did not
supply thern with arms, equipment or any material or services. Apart
frorn "Bosnian Serb pararnilitary units", Resolution 824 (1993) also
makes mention of "Bosnian Serb rnilitary units" which were
presumably located around Sarajevo as this Resolution also refers to
Sarajevo. The acts of these units cannot be attributed to the FR of
Yugoslavia nor is the FR of Yugoslavia responsible for thern.
Besides, the Applicant says "encircling mainly Muslim inhabited
areas". As in terms of their effect the said acts (stopping
humanitarian convoys, bombarding encircled places) cannot be
targeted only at members of one ethnic or religious group (Muslirns)
the entire population, i.e rnernbers of other groups, including the
Serbs, the allegations of genocide cannot be sustained.
1.3.7.15. ln para. 3.2.0.19 of the Memorial (p. 107) it is further
said that the Security Council adopted Resolution 820 (1993) of 17
April 1993 "in further response to these acts" which is not true. In
Resolution 820 (1993) the Security Council rnakes no mention of the
stoppage of humanitarian convoys or the bornbardrnent of cities. It is
evident frorn the Resolution itself that it was adopted because the
Repubiic of Srpska had refused the Vance-Owen Peace Plan. The
Resolution reads:
"Deeply concerned by the position of the Bosnian Serb party
as reported in paragraphs 17, 18 and 19 of the report of the
Secretary-General of 26 March 1993 (S125479),
1........./
"1. Cornrnends the peace plan for Bosnia and Herzegovina in
the form agreed to by two of the Bosnian parties and set out in the
report of the Secretary-General of 26 March 1993 (S/25479), ...
"2. Welcomes the fact that this plan has now been accepted
in full by two of the Bosnian parties;
"3. Expresses its grave concern at the refusal so far of the
Bosnian Serb party to accept the Agreement on lnterim Arrangements
and the provisional provincial map, and calls on that party to accept
the peace plan iri ful..."
1.3.7.16. In para. 3.2.0.20 of the Mernorial (p. 108) it is said:
"The Council subsequently even authorized rnernber States to use
rnilitary force to enforce the security of the so-called safe havens,
once again confirming through this action the gravity of the genocidal
practice itwas seekincj to counter (Resolution 836 (1993), 4 June
1993). Significantly, in that very resolution, the Council once more
demanded that 'the Federal Republic of Yugoslavia (Serbia and
Montenegro) immediately cease supply of rnilitary arrns, equipment
and services to Bosnian Serb paraniilitary units', again linking theFederal Republic of Yugoslavia to the appalling acts of genocide that
were being committed against the population and displaced persons
in the so-called safe areas." The Resolution referred to does not
contain the passage presented by the Applicant in quotation marks.
Nor did the Security Council qualify the said practice as genocidal,
which could not in fact have been possible since it did not affect the
members of one ethnic or religious group alone and since there was
no genocidal intent.
1.3.7.17. In para. 3.2.0.21 of the Memorial (p. 108) the
Applicant refers to Resolutions 771 (1992) and 780 (1992) in an
attempt to indicate "means and methods of genocide". These
Resolutions make no mention of "mass killings". Besides, the acts
referred to in the resolutions need not designate the crime of
genocide and the resolutions do not show that the Security Council
meant the crime of genocide. Also, these resolutions do not ascribe
the responsibility forlie said acts to any particular Party. The Federal
Republic of Yugosla\lia instituted proceedings against the member
countries of the North Atlantic Treaty Organization (NATO) before the
International Court of Justice regarding the interpretation of Art. 53,
para 1 of the United Nations Charter according to which regional
organizations cannot take coercive measures without the explicit
authorization of the !>ecurity Council. The NATO member countries
refused to accept the competence of the Court. Because of the
refusai, the International Court of Justice is not able to deliberate
upon this extremely irnportant issue.
1.3.7.18. In para. 3.2.0.22 of the Memorial (p. 109) the
Applicant refers to Resolution 808 (1993) of 22 Feuruary 1993
whereby the Security Council decided to set tip "an international
tribunal for the prclsecution of persons responsible for serious
violations of humanitarian law committed in the territory of the former
Yugoslavia. It is furttier said: "the statute of the tribunal, adopted in
Resolution 827 (1993:l of 25 May 1993, explicitly includes genocide in
the category of crime!s to be prosecuted. Again, in this context the
Council highlighted what are in fact the same means of genocide that
have been employed by the Federal Republic of Yugoslavia ...in the
Republic of Bosnia and Herzegovina, when referring to 'mass killings,
massive, organized aind systematic detention and rape of women, and
the continuance of the practice of 'ethnic cleansing', including the
acquisition and the holding of territory.' (id.)."On the contrary, the
Statute of the Tritwnal draws clear distinction between grave
breaches of the 1949 Geneva Conventions (Article 2. of the Statute),
genocide (Article 4 of the Statute) and crimes against humanity
(Article 5 of the Statute). Although these criminal acts, al1 of them
denoted in the Statute as violations of international humanitarian law,
may be similar or trven identical, they differ significantly in legalqualifications with respect to the existence of an intent and to the
ethnic andlor religious affiliation of the victirns when genocide is in
question. Besides, none of the said resolutions refers to the
responsibility of States but to the responsibility of individuals.
1.3.7.19. The general assertion of the Applicant expounded in
para. 3.2.0.23 of the Meniorial (p. 110) is also unsustainable as it is
not based either on facts or on law.
1.3.7.20. In para. 6.4.3.3 of the Memorial (p.277) the Applicant
refers to Security Council Resolutions 819 (1993) of 16 April 1993
and 838 (1993) of 10 June 1993 and General Assernbly Resolution
48/88 which dernand that the Federal Republic of Yugoslavia "cease
the supply of military arrns, equiprnent and services to Bosnian Serb
pararnilitary units". Like many previous dernands, the dernand of the
Security Council addressed to the FR of Yugoslavia was not based
on facts. The FR of Yugoslavia did not supply arms, equiprnent or
services to Bosnian Serb paramilitary units. There is no evidence to
that effect at all. But even if this allegation were true, it would not
suffice for the attribution of these acts, including those allegedly
constituting genocide, to the FR of Yugoslavia.
1.3.8. The United Nations General Assernbly Allegedly
Confirrns the Existence of a Carnpaign of Genocide on the
Part of the Federal Republic of Yugoslavia
1.3.8.1. In eight paragraphs of the Mernorial (paras.3.3.2.1 -
3.3.2.8, pp. 111-116) the Applicant refers to various resolutions of the
United Nations General Assernbly. The General Assernbly cannot
establish facts in the way in which it is done by the International
Court of Justice. Especially not in a situation when the FR of
Yugoslavia has been excluded frorn the work of the General
Assernbly. Many staternents of facts in the resolutions of the General
Assernbly are totally at variance with the reports of the
Secretary-General addressed to the Security Council and drawn up
on the basis of reports frorn the field submitted by UNPROFOR.
Thus, General Assernbly Resolution 471121 of 18 Decernber 1992
reads "gravely concerned about the deterioration of the situation in
the Republic of Bosnia and Herzegovina owing to intensified
aggressive acts by the Serbian and Montenegrin forces to acquire
more territory by force, characterized by a consistent pattern of
gross and systernatic violations of human rights, a burgeoning
refugee population resulting frorn rnass expulsions of defenceless
civilians frorn their homes and the existence in Serbian and
Montenegrin controlled areas of concentration camps and detentioncentres, in pursuanc'e of the abhorrent policy of 'ethnic cleansing',
which is a form of genocide, ..."However, already in his Report of
30 May 1992 (Sl24049) the Secretary-General stated that the
Yugoslav People's Army had withdrawn from Bosnia and Herzegovina
and that its former members who remained constituted the armed
forces of the Serbian Republic of Bosnia and Herzegovina which
were independent and were not under the command of any organ of
the FR of Yugoslavia. The Secretary-General repeated this information
in his subsequent reports when calling for the withdrawal of foreign
troops from the former Yugoslav republic of Bosnia and Herzegovina.
In view of the fact that the Secretary-General based his reports on
UNPROFOR reports from the field it is beyond comprehension. why
the majority in the General Assembly advanced an assertion to the
contrary. In the Report of the Secretary-General of 3 December 1992
(Al47ff47, p. 7) submitted to the General Assembly it is said:
"Between 7 July and 31 October 1992 ICRC had registered 10,273
persons in 41 places of detention. Some 8,046 were in 14 Bosnian
Serb places of detention and 988 were in 16 Bosnian Croat places
of detention; 1,239 were in 11 places of detention run by the
Government of Bosnia and Herzegovina." Neither Resolution 471121
nor subsequent resolutions of the 47th session of the General
Assembly mention either the camps run by the governrnent in
Sarajevo or those controlled by the Bosnian Croats. This indeed is
telltaleevidence of the immense and unusual partiality of the
members of the General Assembly. The position of the majority in the
General Assembly is reflected also in para. 7(b) of Resolution 471121
whereby it "urges the Security Council ...to exempt the Republic of
Bosnia and Herzegovina from the arms embargo as imposed on the
former Yugoslavia urider Security Council resolution 713 (1991) ..."In
keeping with the 1948 Convention on the Prevention and Punishment
of the Crime of Geriocide, "ethnic cleansing" cannot be qualified as
genocide.
1.3.9. The United Nations Commission on Human Rights and
its Sub-commission Allegedly Confirm the Existence of a
Campaign of Genocide on the Part of the Federal Republic of
Yugoslavia
1.3.9.1. In section 3.3.3 of the Memorial (pp. 116-119) the
Applicant refers to various resolutions of the United Nations
Commission on Human Rights. In doing so, it incorrectly presents the
contents of the adopted resolutions. For instance, in para. 3.3.3.2 of
the Memorial (p. 117') it is said: "The Commission condemned in the
strongest terms al1ttiese violations, recognizing 'that the leadership in
the territoryunder the control of the Serbs in the Republic of Bosniaand Herzegovina and Croatia, the commandersof Serb paramilitary
forces and political and military leaders in the Federal Republic of
Yugoslavia (Serbia and Montenegro) bear primary responsibilityfor
most of these violations". However, in para 8. of Resolution 1993ff of
19 February 1993 entitled: "Situation of human rights in the territory
of the former Yugoslavia" it issaid:
"Condemns in the strongest terms al1 violations of human
rights and international humanitarian lawin the former Yugoslavia by
al1sides to the conflict, recognizing that the leadershipin the territory
under the control of Serbs in the Republics of Bosnia and
Herzegovina and Croatia, the commandersof Serb paramilitary forces
and politicaland military leaders in the Federal Republic of
Yugoslavia ..bear primary responsibilityfor most of these violations".
The Applicant has concealed the part of the text in which the
Commission condemns "al1 violations of human rights and
international humanitarianlaw in the former Yugoslavia by al1sides to
the conflict" and underlined the part referring to the political and
military leaders of the FR of Yugoslavia which, otherwise, is not
based on facts and legal considerations buton the political interests
of the member States which prevailed at the time both in the
Commission and in the United Nations General Assembly. In para 4.
of Resolution 1994ff2 of 9 March 1994 the text from para 8. of
Resolution 1993/7 is repeated almost word for word and the following
text is added: "notes that violations have been committedby al1 of
the parties to the conflict"....None of these assessments can be
acceptable to the Court because they are not based on a proper
examination of facts and legal arguments but on political
decision-making. Besides, United Nations General Assembly
Resolution 471229 denies Yugoslavia the right to participate in the
work of the Economic and Social Council.
1.3.9.2. The Applicant underlines the fact that the United
Nations Commission on Human Rights refers to acts of genocide in
its resolutions. However, the Commission does that in an unclear and
inconsistent manner. In para 12 of Resolution 19921s-211 of 1
December 1992 the Commission "calls upon al1 States to consider
the extent to which the acts committed in Bosnia and Herzegovina
and in Croatia constitute genocide,in accordance with the Convention
on the Prevention and Punishment of the Crime of Genocide;" ... In
Resolution 199317 of the Commission of 19 February 1993 itis said:
"Recalling its resolution 19921s-211 in which, inter alia," the
Commission "called on al1States to consider the extent to which the
acts committed in Bosnia and Herzegovina and Croatia constituted
genocide, and noting General Assembly resolution 471121 of 18December 1992, in 'which the Assembly, inter alia, stated that the
abhorrent policy of ethnic cleansing was a form of genocide," ...
In Chapter IV of the Counter-Memorial it has been shown that
ethnic cleansing is not a form of genocide.
In para 5 of Resolution 1994/72 of 9 March 1994 the
Commission:
"Demands immediate, firm and resolute action by the
international community to stop al1 human rights violations, including
'ethnic cleansing', genocidal acts, rape and abuse of women as an
instrument of war, strangulation of cities in Bosnia,shelling and killing
of civilians, torture, arbitrary executions, and enforced and involuntary
disappearance, to secure a just and lasting peace in Bosnia and
Herzegovina, and to bring war criminals to trial;"...
lndeed the Commission does refer to acts of genocide
although it does not Say which acts are involved and which side has
committed them.
1.3.9.3. In para. 3.3.3.3 of the Memorial (p. 118) the Applicant
concludes: "...the Commission on Human Rights, identified the
systematic pattern of grave violations of human rights as falling
squarely within the definition of genocide, and it found that the
Federal Republic of Yugoslavia ... is primarily responsible". Nothing in
this conclusion corre.spondsto the truth. The Commission on Human
Rights did mention acts of genocide but it said nothing of "the
systematic pattern of grave violations of human rights as falling
squarely within the (lefinition of genocide". Even less justified is the
second part of the conclusion according to which "the Federal
Republic of Yugoslavia ...is primarily responsible" for the said acts of
genocide which have not been identified. If the Commission had in
mind ethnic cleansin~g,then this conclusion cannot be sustained for
two reasons. Ethnic cleansing is not an act of genocide nor did the
Commission attribute responsibility for ethnic cleansing to Yugoslavia.
For, in Resolution 1!394/72of 9 March 1994 it is said: "Repelled by
the odious practice of 'ethnic cleansing' whose principal victims are
the Muslim population, carried out in particular by Bosnian Serb as
well as by Bosnian Croat extremists...". If the Commission meant
other acts it did riot identify them. Nor did it attribute specific
responsibility for acts of genocide to anyone. However, even if it had,
the resolutions of the Commission are of a political nature and do not
relieve the Court of the duty to establish facts. They are not binding
upon the Court at all. 1.3.10. The Special Rapporteur on Human Rights in the
Former Yugoslavia Allegedly Confirms the Existence of a
Campaign of Genocide on the Part of the Federal Republic of
Yugoslavia
1.3.10.1. In paras. 3.3.4.1 and 3.3.4.2 of the Memorial (pp.
119 and 120) references are made to the Report on the situation of
human rights in the territory of the former Yugoslavia submitted by
Mr. Tadeusz Mazowiecki, Special Rapporteur of the Commission on
Human Rights, pursuant to paragraph 14 of Commission resolution
19921s-111of 14 August 1992 (ElCN.411992lS- 119, 28 August 1992)
and some parts of it are invoked in an attempt to prove that the
crime of genocide has been committed and that the FR of Yugoslavia
is responsible. The truthfulnes of the allegations contained in the
Report will not be dealt with here. But even on the assumption that
the allegations are true, none of the assertions adduced by the
Applicant or contained in the Report point to the crime of genocide or
to the responsibility of the FR of Yugoslavia.
1.3.10.2. The Report seeks to emphasize the practice of
ethnic cleansing. In item 11 of the Report it is said: "Muslims who
wanted to leave the village were allowed to do so only together with
theirentire family." Accordingly, the intention of those controlling the
village was not to destroy the Muslims in the village.
1.3.10.3. The quotations of the Applicant from one and the
same document are made in a fairly random fashion, so that no
quotation is made of that part of the Report (item. 31, p. 6) in which
it is said: "ln a statement made to the Special Rapporteur, the
President of the Federal Republic of Yugoslavia condemned ethnic
cleansing... The President of Serbia also repudiated the policy of
ethnic cleansing in statements to the Special Rapporteur...".
1.3.10.4. In para. 3.3.4.3 of the Memorial (p. 120) the
Applicant refers to the Report on the situation of human rights in the
territory of the former Yugoslavia submitted by the Special Rapporteur
(EICN. 4119921s-1/10,27 October 1992). The truth of the allegations
contained in the Report will not be dealt with here, even less its bias
and scope. However, if the assertions in the Report were true, the
acts referred to in the quotations taken out of the Report cannot be
qualified as genocide. Simply, there is no intent to destroy a group in
whole or in part.
1.3.10.5. In para. 3.3.4.4 of the Memorial (p. 120) it is said:
"The Special Rapporteur later confirmed that the principal agents of
this campaign of 'ethnic cleansing' were irregular paramilitary groups
which had been armed and equipped with 'very large stocks ofmilitary hardware' which had been previously held by the JNA and
Belgrade authorities. (Al471666, paras. 14-15)". This assertions does
not correspond to the facts. In the cases mentioned by the Special
Rapporteur no special weapons except rifles or machine guns are
generally referred to. There is no information to the effect that
paramilitary units were armed with heavy weapons. But even if this
assertion were true, it would not be relevant for the attribution of the
acts of irregular paramilitary troops to Yugoslavia.
1.3.10.6. In para. 3.3.5.1 of the Memorial (p. 121) the
Applicant refers to the lnterim report of the Commission of experts
established pursuant to Security Council resolution 780 (1992) and
quotes para. 56 of this Report, which reads:
"Based on the many reports describing the policy and
practices conducted in the former Yugoslavia, 'ethnic cleansing' has
been carried out by means of murder, torture, arbitrary arrest and
detention, extra-judic;ial executions, rape and sexual assault,
confinement of civilian population in ghetto areas, forcible removal,
displacement and deportation of civilian population, deliberate military
attacks or threats of attacks on civilians and civilian areas, and
wanton destruction of property. Those practices constitute crimes
against humanity an13can be assimilated to specific war crimes.
Furthermore, such acts could also fall within the meaning of the
Genocide Convention."
The experts have been very careful in referring the said acts
to the Convention on the Prevention and Punishment of the Crime of
Genocide and used the conditional mood in framing the wording.
Commission of acts with an intent to remove members of a group by
force does not consti1:utegenocide.
1.3.11. The Vienna World Conference on Human Rights
Allegedly Confirnis the Existence of a Campaign of Genocide
on the Part of the Federal Republic of Yugoslavia
1.3.11.l.In section 3.3.6 of the Memorial (p.123, 124) the
Applicant refers to the Vienna World Conferenceon Hurnan Rights. In
para. 3.3.6.1 of the Memorial (p. 123) the Applicant claims that "the
World Conference on Human Rights provided a unique forum for the
authoritative expression of state practice and opinio juris relating to
human rights and humanitarian law." The veracity of this assertion will
not be questioned at this point. If it were true, it could be of certain
importance in respect of the creation of customary law. In any case
neither this Conference nor any other UN body or organ areauthorized to change the provisions of the Convention on the
Prevention and Punishment of the Crime of Genocide.
1.3.11.2. The Conference adopted an Appeal to the Security
Council regarding Bosnia and Herzegovina, which reads:
"At its 5th plenary meeting, on 15 June 1993, the World
Conference on Hurnan Rights, after hearing the Minister for Foreign
Affairs of Bosnia and Herzegovina, decided, without a vote, to appeal
to the Security Council to take the necessary measures to end the
genocide taking place in Bosnia and Herzegovina, and in particular at
Goraide."
Pursuant to UN General Assernbly Resolution 4711 Yugoslavia
was denied the right to participate in this Conference so that the
participantshad no opportunity to hear the Yugoslav representative.
But, after the action of saving the wounded and il1 in Goraide had
been organized, it becarne evident that the situation was not at al1 as
dramatic and serious as reported by Muslim sources and carried by
the world media. It was yet another in a series of deceptions of the
world public. No genocide of the Muslims took place in Goraide (See
para 1.3.2.25. of the Counter-Mernorial).
1.3.11.3.It is in the light of the above two paragraphs that
parts should be viewed of the Special Declaration on Bosnia and
Herzegovina adopted by the World Conference and quoted by the
Applicant in para. 3.3.6.2 of the Mernorial(p.124), which refers to the
qualification ofthnic cleansing as genocide and to the condemnation
of Serbia and Montenegro, the JNA, the Serbian militia, the Croatian
militia and extremists as perpetrators of crimes. Neither these nor
other parts of the Special Declaratiori are based on facts. Thus the
Special Declaration speaks about 40,000 raped wornen, while the
Applicant in the Memorial (p.14) alleges that there were about 20,000.
(See para 1.3.4.) The Special Declaration also refers to Serbian
aggression on Bosnia and Herzegovina. All statements of facts are
totallyarbitrary and are not based on facts. This is attested to by the
fact that 88 states voted in favour of the Special Declaration, one
was against and 54 abstained.
1.3.12. The Committee on Human Rights and the Cornmittee
on the Elimination of Racial Discrimination on alleged
responsibility of the Federal Republic of Yugoslavia
1.3.12.1. In para. 3.3.7.0 of the Mernorial (p.124) the Applicant
refers to an observation of the Cornrnittee on Hurnan Rights from
1992. The Applicant says: "The Committee, after having heard the
report, observed 'the existence of links between the nationalists (inBosnia and Herzegovina and Croatia) and Serbia which invalidated
the Federal Government's claim to be exempt from responsibility"'.
(AlC.3147lCPR.1, 20 November 1992; CCPRlCfl9lAdd. 16, 28
December 1992). However, the Committee's Reportreads:
"The Committee observed that the means deployed and the
interests involved deinonstrated the existence of links between the
nationalists and Serbia which invalidated the Federal Government's
claim to be exempt from responsibility."
The Committee reached this conclusion on the basis of "the
means deployed and the interests involved". The premise from which
the Committee proceeded is wrong. In its declaration of 27 April
1992, Yugoslavia said that it had no territorial aspirations towards
Bosnia and Herzegovina and consistently emphasized that it was
interested in having al1 conflicts in Bosnia and Herzegovina and
Croatia solved in a peaceful manner, and acted towards that end.
The JNA attacked no one in Bosnia and Herzegovina. lt was
attacked there. Pursu~ingits policy and interests, the FR Yugoslavia
broke off its official relations with the organs of the Republic of
Srpska and introduced certain economic countermeasures against
the Republic of Srpska in August 1994. But even if the premise from
which the Committee proceeded were true, nothing could be
concluded from it in respect of links which would be of relevance for
the attribution of acts to Yugoslavia.
1.3.12.2. In para. 3.3.8.0 of the Memorial (p.125) the Applicant
points to one of the reasons for the concern of the Committee on the
Elimination of Racial Discrimination, i.e. that "links existed
between the Federal Republic of Yugoslavia ...and Serbian
militias and paramilitary groups responsible for massive, gross and
systematic violations of human rights in Bosnia and Herzegovina".
The Committee on the Elimination of Racial Discrimination took over
this reason for concern from the report of the Committee on Human
Rights. It does not present the facts on which it bases its concern.
However, even if it 'were true, the assertion of the Committee itself
would not be sufficient for the attribution of the acts to Yugoslavia.
1.3.12.3. In view of the above paragraphs, the assertion of
the Applicant made in para 3.4.0.3 of the Memorial (p.127) can not
be sustained. 1.3.13. The E.C. and the C.S.C.E. Allegedly Confirrn the
Existence of a Campaign of Genocide Undertaken by the
Federal Republic of Yugoslavia
1.3.13.1. In para. 6.4.3.5 of the Mernorial (p. 278) the
Applicant quotes a staternent of the EC of 11 April 1992 calling upon
the Governrnents of Serbia and Croatia to bring their influence to
bear for interference into the affairs of the independant Bosnia and
Herzegovina stop, and publicly condernn the use of force. The
Federal Republic of Yugoslavia and the Republic of Serbia did
everything in their power for a peaceful solution to be found for
Bosnia and Herzegovina. They publicly and consistently condernned
the use of force. The finding of a peaceful solution least depended
on the. Federal Republic of Yugoslavia and the Republic of Serbia
and did not depend on the Republic of Srpska alone either. It
depended on the three parties to the conflict in Bosnia and
Herzegovina. In this call, the Applicant sees proof of the EC's
acknowledgrnent of the great influence of the Republic of Serbia on
the Republic of Srpska. The course of events described in Chapter
II of the Counter-Mernorial, however, clearly dernonstrates that the
Republic of Srpska is not susceptible to any influences. In any case,
the Federal Republic of Yugoslavia and the Republic of Serbia never
brought influence to bear on anyone to commit any crimes nor did
they ever atternpt to do so. On the contrary, they have always
consistently condemned the commission of crimes.
1.3.13.2. In the sarne para. 6.4.3.5 of the Mernorial (p. 278)
the Applicant refers to sorne unnarned document that it links to the
representatives of theCSCE Member States and the Helsinki meeting
of 15 April 1992, which allegedly "condemned the Serbian irregulars
and JNA for violating the independence and territorial integrity of
Bosnia- Herzegovina and human rights of its people...". This
condernnation is not based on facts. On 6 April 1992, Bosnia and
Herzegovina was prernaturely recognized as an independent state. It
is clear that the JNA could not have withdrawn in several days. At
the time of the alleged condemnation representatives of the so-called
Republic of Bosnia and Herzegovina had not yet in fact dernanded
the withdrawal of the JNA. At any rate the alleged condernnation has
nothing to do with the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide.
1.3.14. The Allegedly Prolonged Participation of Yugoslavia
1.3.14.1. In para. 2.3.7.1 of the Memorial it is said that the
Serb forces in Bosnia and Herzegovina get logistic support frorn the
FR Yugoslavia. It is true that some rnaterial and hurnanitarian aid,primarily aid in food and fuel was supplied from the territory of the
FR Yugoslavia. This aid was intended primarily for the civilian
population. After ail, humanitarian aid to the Muslim population in
areas controlled by the Bosnian Muslim government was also
delivered through the! territory of the Federal Republic of Yugoslavia.
Even if it were true that some aid in military supplies to units of the
warring sides in the former Bosnia-Herzegovina was delivered, such a
fact could not be the reason for the attribution of alleged acts of
genocide. Proof would need to be provided that such military aid was
extended with an iritent to its being used for the commission of
alleged acts Of geriocide and that it was indeed so used. That
certainly was not the case.
1.3.14.2. In para. 2.3.7.2 (Memorial, p. 83) the Applicant
alleges: "in addition to the logistical support given to the Serb forces
in Bosnia and Herzegovina, VJ troops and aircraft regularly cross the
border to support the Serbian war effort in the Republic of Bosnia
and Herzegovina." It is further said that on 2 March 1993 VJ troops
completely destroyed the village of Cerska, near Konjevic Polje. But,
in para. 2.2.5.14 of the Memorial (p. 53), which describes the
alleged event, the t~sstimony of an alleged witness is given which
begins with the words: "Serb forces entered Cerska village...". The
alleged witness is obviously speaking about Serb forces and not
about VJ forces. This allegation, the same as al1 other allegations on
the involvement of JNA units in armed conflicts in Bosnia and
Herzegovina, does not correspond to the facts.
1.3.14.3. The Applicant repeats the said assertions in para.
6.2.1.12 of the Memorial (p. 250) in which it is said that "..there is
ample evidence of continued crossing of the borders by troops
coming from Serbia and Montenegro and shelling of Muslim towns
and villages in Bosnia and Herzegovina." This assertion is not true.
1.3.14.4. In section 2.3.8. of the Memorial, the Applicant
asserts that Yugoslavia allegedly confirmed its involvement. In paras.
2.3.8.1 to 2.3.8.5 of the Memorial (pp. 85-92) the statements of a
number of organs of the FR Yugoslavia are quoted allegedly
confirming the involvement of the FR Yugoslavia. None of the
presented statement:;, however, attest to the involvement of the FR
Yugoslavia in allegetj acts of genocide or other acts prohibited under
the Convention on the Prevention and Punishment of the Crime of
Genocide. Al1 the statements attest to an involvement of a
humanitarian nature, including economic aid to the population.
1.3.14.5. In para. 2.3.8.6 of the Memorial (p. 93), to prove
the involvement of the FR of Yugoslavia, it is alleged that "the
Federal Republic of 'Yugoslavia ..submitted an officia1 Application atthe International Court of Justice. In this Application against the
Member States of NATO, the Federal Republic of Yugoslavia ...
claimed that by 'threatening to use force without the authorization of
the Security Council and in the form of an ultimatum' the Member
States have violated the United Nations Charter." Thereby the FR of
Yugoslavia allegedly admitted that it was not neutral in this conflict.
Yugoslavia allegedly sees the threat to the Bosnian Serbs as a threat
to itself. This is indeed irrelevant to the case at hand. That has
nothing to do with alleged acts of genocide.
1.3.14.6. The last sentence in para. 2.3.8.6 of the Memorial is
not based on facts: "...Yugoslavia ...condoned and approved of the
systematic destruction of Sarajevo, an act which on numerous
occasions has been denounced by the entire international
community." On the contrary, the Government of Yugoslavia as well
as the Governments of Serbia and Montenegro consistently
condemned acts of shelling Sarajevo. As the premises are incorrect,
the conclusion of the Applicant expounded in para. 2.3.9.1. of the
Memorial (p. 94) is not correct either.
1.3.15. The Acts of Genocide Allegedly Committed in the
Territory of the Federal Republic of Yugoslavia
1.3.15.1. The Applicant says that "the killing and persecution
of Muslim has also been taking place in Yugoslavia...proper since at
least early 1992 ..."(para. 2.2.6.2. of the Memorial, p. 55) without
referring to any specific case. The Respondent denies that any act of
killing or persecution which could be qualified as an act prohibited
by the Genocide Convention has been committed in the territory of
the FR of Yugoslavia.
1.3.15.2. The Muslims were not killed and punished in
Yugoslavia at the beginning of 1992, as it is alleged in para. 2.2.6.2
of the Memorial (p. 55).ln Annex 4 to the Report of the CSCE
Mission to inspect alleged places of detention in the Republics of
Serbia and Montenegro, 13-18 January 1993, it is said:
"The most recent report on the situation of human rights in
the territory of the former Yugoslavia prepared by the Special
Rapporteur of the United Nations Commission on Human Rights, Mr.
Tadeusz Mazowiecki, stated that (See UN Doc.A/47/666 of 17
November 1992, para. 116, p. 33):
"'Houses and shops belonging to Muslims have been burned
and mosques destroyed by terrorist attacks in the cities of Pljevlja,
Prijepolje, Priboj and Bijelo Polje. These acts, as a rule, take the
form of bombs planted in the buildings'. "During the visit of the Rapporteurs in Prijepolje, the local
authorities expressed their grave concern at these 'false allegations'
and requested that this matter be looked into by the CSCE Mission.
Although it was not within the strict mandate of the Mission to make
such an inquiry, the Rapporteursfelt that itwould be useful to accept
such an invitation.
"The Rapporteurs inspected what appeared to be the only
mosque in the centre of the town. The mosque was not destroyed,
nor was there any substantial damage visible. There were only
reports thatsoldiers passing through the area had fired their rifles at
a mosque and some bullet damage had been sustained. There was
no indication, nor were there any claims by local Muslims to the
effect that houses and shops belonging to Muslims have been burned
or that bombs have been planted in mosques in the Prijepolje area."
(Report of the CSCEEMission to lnspect Alleged Places of Detention
in the Republic of St:rbia and Montenegro, p. 16, Annex 8).
1.3.15.3. In para. 6.2.1.11 of the Memorial (p. 249) it is said:
"...it must also be kept in mind that genocide is committed by
Yugoslavia (Serbia and Montenegro) not only in Bosnia and
Herzegovina but that 'ethnic cleansing' is also committed on its own
territory or in Croatia. In this respect, the situation in Sandjak must
particularly be stressed." The organs of the FR Yugoslavia have not
committed acts of genocide in the territory of their own state or in
any other territory. The Applicant refers to the report of Special
Rapporteur Tadeusz Mazowiecki. The statements contained in it do
not refer to an act of genocide or any other act prohibited by the
Genocide Convention. It is true that a number of Muslims from RaSka
(Sandjak), left the Federal Republic of Yugoslavia and entered the
territory of Bosnia and Herzegovina to fight there on the side of the
forces of Alija Izetbegovic.
1.3.15.4. In para. 6.4.2.2 of the Memorial (p. 274) the
Applicant refers to the Sixth Periodic Report on the situation of
human rights in the territory of the former Yugoslavia, of the Special
Rapporteur of the Commission on Human Rights, Tadeusz
Mazowiecki. The Report States that some political figures have made
threatening statements directed at minorities. The name of Vojislav
Se~elj, the leader of the Serbian Radical Party has been mentioned.
The Report does not mention anyone as having committed acts of
incitement to genocide. Threats of expelling a minority are not acts of
incitement to genocide. The expulsion of the population itself cannot
be qualified as genocide. Besides, statements by leaders of political
parties cannot be attributed to the State. The leaders of political
parties are not State organs. 1.3.16. The FR of Yugoslavia Allegedly Admitted Acts of
Genocide
1.3.16.1. In section 6.4.4. of the Memorial (pp. 279- 281) it is
represented by the Applicant that the FR of Yugoslavia has allegedly
admitted the facts. The facts which are adduced in the statements
and communiques of organs of the Federal Republic of Yugoslavia
and the Republic of Serbia have nothing whatsoever to do with the
alleged crimes of genocide or other prohibited acts. Any assertion by
the Applicant to that effect is a construction ungrounded in facts and
law.
1.3.17. The Alleged "RAM" Operation
1.3.17.1 The allegations of the Applicant regarding the so-
called "RAM" operation (paras. 2.3.4.1 - 2.3.4.7, pp. 66-71, and
paras. 6.2.1.3 and 6.2.1.4, p. 247, of the Memorial) are not true.
They are not based on facts.
1.3.17.2. The Serb population in Croatia and Bosnia and
Herzegovina spontaneously armed itself always when it felt
threatened. The arms for the most part came from the depots of the
territorial defence which were under the control of the local
population. Part of the arms (personal arms, including rifles),
belonging to territorial defence units was in the houses of members
of the territorial defence according to the regulations in force at that
time. The Serb population in these areas procured part of the arms
by illegal or legal purchases.
1.3.17.3. It is a fact that the Serb people in Bosnia and
Herzegovina was threatened at the time. The expulsion of Serbs from
western Herzegovina had started. The Serb people in Bosnia and
Herzegovina along the Sava river was exposed to armed attacks by
the Croatian forces from Croatia - across the Sava river. Despite
repeated requests by the representatives of the Serb people in
Bosnia-Herzegovina, the authorities of Bosnia-Herzegovina took no
measures to protect this population but proclaimed the "neutrality" of
the Republic of Bosnia and Herzegovina, although Bosnia and
Herzegovina was only one of the Yugoslav republics at that time and
not a sovereign State.
1.3.17.4. The Applicant asserts (para. 2.3.4.5 of the Memorial,
p. 69) that "RAM" also envisaged the creation of paramilitary units
which would serve to create the conditions in Croatia and Bosnia and
Herzegovina necessary to justify the armed intervention of the
Yugoslav People's Army. Those units would also be used to terrorizeCroatian and Muslim population into fleeing from areas of strategic
importance". The Applicant repeats this assertion later in the
Memorial (para. 2.3.5.2, p. 72): "The Federal Army closely cooperated
with the paramilitary forces, set up and controlled by Kertes ..."The
Applicant refers to a text by James Gow, in which it is said:
"Between 27 March and 8 April of that year there were a number of
crucial flash points. Arkan's 'Tigers' in the north and the east and
YPA (JNA) units in Ihe south, the west, and the northwest initiated
attacks (in the east these were from Serbia) to secure the main entry
points into Bosnia and Herzegovina as well as major communication
and logistic lines at FoCa, Visegrad, Zvornik, Bijeljina, Kupres,
Bosanski Brod and Derventa". These allegations are not true. The
initial attacks were launched by the Croat and Muslim armed forces
on Bosanski Brod, Sijekovac and Kupres.
1.3.17.5. It is true that at the time of the outbreak of the civil
war in Croatia pararnilitary units were formed on both sides - the
Croat and the Serb. It is also true that paramilitary units were forrned
on the Muslirn side in Bosnia and Herzegovina as well, such as the
"green berets", "flying fellows", "Patriotic League" etc. No organ of the
SFR of Yugoslavia formed these paramilitary units as asserted by the
Applicant (para.2.3.4.6 of the Memorial, p. 70), nor did such units
execute any orders of any organ of the SFR of Yugoslavia.
1.3.17.6. The Applicant presents certain accusations levelled
by Vojislav Seselj against President MiloSevic (para. 2.3.4.6 of the
Memorial, p. 70). These accusations are not based on facts. They
were made as an act of political revenge on President Milosevic.
However, there is riothing in what Seselj allegedly said and the
Applicant presents thiat would support the assertion of the Applicant
that organs of the SFR of Yugoslavia participated in the forming of
paramilitary units or issued them orders to commit acts cf genocide.
1.3.17.7. In para. 2.3.4.7 of the Memorial (p. 70), it is said:
"At least some of those acts have been committed with arms
supplied by the JNA, as has been adrnitted by Chetnik leader
Vojislav Seselj in an interview in August 1991 ."This allegation is not
based on facts. Eveii if it were true,itcontains not a single fact of
legal importance that would warrant attributing the alleged acts to
Yugoslavia.
1.3.17.8. In para. 2.3.4.7 of the Mernorial (p. 70), it is said:
"Up to now, the paramilitary groups continue to freely recruit
members in Serbia and Montenegro, as was also revealed by Se~elj
in the same interview. In no way has the Yugoslav governrnent
sought to prevent or restrict the operation of those forces". This
assertion of the Applicant is not true. The formation and operation ofpararnilitary units is prohibited under Yugoslav regulations. At the time
when they were formed the regions in which they were formed
(Croatia and Bosnia and Herzegovina) constituted an integral part of
the SFR of Yugoslavia and there was no border control of the
movement of individuals at all. A large number of Muslims from
Serbia, especially from the RaSka region (Sandjak) joined, thus,
paramilitary Muslim units in Bosnia and Herzegovina.
1.3.17.9. In para 6.4.2.3 of the Memorial (p. 275), the
Applicant alleges that incitement to ethnic and religious hatred and
genocide was combined with strategic plans, the aim of which was
the attainment of a Greater Serbia, by killing, deporting, expelling,
maltreating or raping non-Serbs, Muslims in particular. According to
the Applicant, the best known and most systematic of these plans
was the "RAM". This allegation reveals the method of the Applicant.
The Applicant has not adduced a single case of public and direct
incitement to genocide. In his Sixth Report, the United Nations
Special Rapporteur reports only on incitement to national and
religious hatred and not to genocide. These two things are by no
means identical in legal terms and cannot be subsumed under the
same legal qualification. The Applicant goes on to refer to the alleged
existence of plans, aimed at creating a Greater Serbia, adding that
the best known of such plans is the alleged "RAM". Accusations like
this one cannot be made by way of example. If the Applicant asserts
that there exists a number of plans it must name each and every
one of them and prove their existence. It refers only to a certain
"RAM" plan but fails to provide a shred of evidence to prove the
existence of such a plan and, more importantly, that this plan
envisages the commission of genocide of Muslims. To support the
allegation, the Applicant has adduced at the end of the paragraph the
following sentence, allegedly pronounced by General Ratko Mladic:
"Things are rnoving very well, accordirig to plan." Even if it were true
that General Mladic pronounced the said sentence, it cannot prove
that the organs of Yugoslavia had created a plan of genocide of
Muslims. It is only natural that al1 States and al1 armies should have
some plans in peace and in war. The organs of the Republic of
Srpska certainly had a plan but this cannot prove the existence of
any plan, a component part of which would be the commission of
genocide.
1.3.17.10. In para. 6.4.2.4 of the Mernorial (p. 275), the
Applicant repeats the allegation that, implementing the alleged "RAM"
plan, the Yugoslav People's Army transferred weapons to Serb
communities in Bosnia and Herzegovina and that such supplies
continued even after the alleged independence of Bosnia and
Herzegovina. This allegation has already been denied. The Serb
people in the former Yugoslav republic of Bosnia and Herzegovinatook their weapons from the storehouses of the territorial defence and
from the arms depots of the Yugoslav People's Army after its
withdrawal, the relocation of which had been prevented. But even if
this allegation were true, it would not be sufficient for any attribution
to Yugoslavia of participation in the commission of the alleged acts of
genocide. The Applicant would have to prove that the JNA supplied
the army of the Republic of Srpska with weapons for the latter to
commit genocide. The Applicant did not produce any proof to that
effect. The supply of equipment and food is certainly irrelevant for
this Case.
1.3.18. The Alleged ldeology of a Greater Serbia
1.3.18.1. In Section 3 Chapter 2.3 of the Memorial (p. 59-94),
the Applicant outlines the alleged context of the acts. The Applicant
starts off by outlinilng the "ideology of a Greater Serbia" (para.
2.3.1.1). The Applicant points to llija GaraSanin's Foreign Policy
Programme towards the end of 1844. There is nothing criminal in this
programme. There arle no calls for the extermination of other peoples.
The programme envisaged the forming of a national State similar to
many other contemporary programmes which were put in place by
many other Europeari peoples during the period when national States
were in the process of being established al1over Europe.
1.3.18.2. The Applicant asserts (para. 2.3.1.3 of the Memorial,
p. 60) that the Serbian Academy of Sciences and Arts published a
document known as the "Memorandum" in 1986 after it had
beenMemorial so that the memebrs of the Court have an opportunity
to read it and to make their own conclusions as to the veracity of the
Applicant's a1legation.srelated to the Memorandum. ("Memorandum of
the Serbian Academy of Science and Arts", "Answers to Criticism",
Kosta Mihailovic and Vasilije Krestic, SANU, 23 April 1993, Annex
87). signed by 200 prominent Belgrade intellectuals. This document
reportedly called for the creation of a Greater Serbia. The
"Memorandum" was allegedly CO-authored by Dobrica Cosic,
subsequently Presiclent of the FRY and by Jovan RaSkovic,
subsequently the leader of the Serbian Democratic Party and
Radovan KaradliC1s predecessor. These allegations are untrue. The
Serbian Academy of Sciences and Arts has never finalized the
"Memorandum" and has never published it. The incomplete text of the
"Memorandum" contains no demands for the creation of a Greater
Serbia. There was no reason for that. The Serb people was then
living in a single Stat-in Yugoslavia.
1.3.18.3. It is worth noting that the Applicant has not
submitted the Meniorandum to the Court as evidence for itsallegations. Due to this fact, the Respondent added the Memorandum
as an annex to the Counter-Memorial. (Memorandumof the Serbian
Academy of Sciences and Arts, Annex No 92, pp. 762-787)
1.3.18.4. The Applicant accuses Dr Radovan Karadiic of
advocating the idea of a Greater Serbia (Para. 2.3.1.3 of the
Memorial, p. 61). According to the political programme of the Serbian
Democratic Party in Bosnia and Herzegovina, however, the Serb
people was to remain living where it had lived in the past, i.e. in
Yugoslavia. This programme is a legitimate political programme and
has nothing to do with genocide.
1.3.18.5. The Applicant indicated that President Slobodan
MiloSevic of the Republic of Serbia had "taken over the ideology of a
Greater Serbia" (para. 2.3.1.4 of the Memorial, p. 61). This assertion
is not true. It has not been substantiated by a single fact. Mention
has only been made of the following excerpt from President
MiloSevic's statement at the meeting of the Federal Presidency held
on 15 January 1991 :
"...we hold that every nation has an equal right to decide
freely about its own destiny. Such a right can be constrained solely
by the same, equal right of other nations. As far as the Serb people
are concerned, it wants to live in one State. Hence, division into
several States which would separate the Serb people and force it to
live in different sovereign States is, from Our point of view,
unacceptable, that is - let me specify -out of the question."
President S. MiloSevic spoke about the equal rights of al1
nations to decide on their own destinies. He did not urge the Serb
people to decide the fates of other nations. He said that the Serbian
people wanted to live in a single State. Indeed, the overwhelming
majority of persons belonging to the Serb people wanted to remain in
the State in which they had lived before - in Yugoslavia. That is why
the position of the political representative of that people whereby he
rejects the proposal according to which the Serb people should be
forced to live inseveral States is legitimate.
1.3.18.6. The attribution of a Greater Serbia ideology to the
State of Yugoslavia is totally unwarranted. This is best evidenced by
the Statement released by the Federal Assembly of the SFRY, on 27
April 1992 which says explicitly that the FRY has no territorial claims
against any state whatsoever. (See para 3.3.1.2.) It is confirmed by
ArticleX of the General Framework Agreement for Peace in Bosnia
and Herzegovina, initialled in Dayton, Ohio and signed at Paris on 14
December 1995, which reads: "The Federal Republic of Yugoslavia and the Republic of
Bosnia and Herzegoviona recognize each other as sovereign
independent States within their international borders."
1.3.18.7. The thesis on the conspiracy of the leadership of
Serbia and the Yugo.slav People's Army to destroy the SFRY in order
to create a Greater Serbia, the ideological basis of which allegedly
was the "Memorandum of the Serbian Academy of Sciences and Art",
was also countenanced by the Prosecutor before the International
tribunal for War Cirimes in the "Tadic Case". The Prosecutor
summoned Dr. Andrew James Gow, British historian, as an expert in
the matters, who attempted to prove this thesis. Although the defence
consistenly stated that it was defending neither the FR of Yugoslavia
nor the Republic of Srpska before the Tribunal, and that it was not
concerned with the broader contest of the Case, the defence
nevertheless summoned Robert McBeth Hayden, Professor of
Anthropology at Pittsburgh University, whose professional work
focussed primarily on law, constitutions, politics and culture in the
former Yugoslavia arid its successor republics. He has done research
on Yugoslav law ancl society since 1981 and lived in that country for
more than four year.s. He has published widely on Yugoslav law in
major scholarly journ8alsin the fields of law and social science.
1.3.18.8. In his statement Prof. Robert McBeth Hayden says:
"11. The account of the demise of Yugoslavia presented by
Dr. Gow was of nec'essity simplified, due to the inherent problems of
presenting complex histories through the processes of direct and
cross examination before a tribunal. Scholarly thoroughness was not
possible under theser circumstances; thus Dr. Gow's testimony could
not be expected to be as detailed as, for example, Dr Susan
Woodward's six hundred page book Balkan Tragedy, which uses its
first hundred pages 'to get the story of Yugoslavia's demise to 1989.
Unfortunately, theGow account was not only simplified, but simplistic.
The main thrust of Dr. Gow's presentation seemed to be aimed at
seeing a conspiracy to dismantle Yugoslavia and form a greater
Serbia, stemming from the "Memorandum" of the Serbian Academy of
Sciences and Arts, and incorporating the Serbian government and the
Yugoslav People's Airmy (JNA). Yet it is grossly misleading to present
actions by Serbs without reference to the corresonding actions of
others.
"12. Several examples of the misleading nature of Dr Gow's
simplistic reductionicinism on important points may be given. The
Serbian 'Memorandum', for example, never adopted by the Serbian
Academy and not published until pirated into a Croatian journal in
1989, should be compared with the almost exactly contemporary
'Slovenian National Program', which was published in 1987, and
formed the basis for Slovenian nationalist actions. Indeed, leadingSerb intellectuals were surprised in 1985 to find that many of their
Slovene colleagues had already lost faith in Yugoslavia and wanted
Slovenian independence. More irnportantly, the provision of the 1990
Serbian Constitution that mandates action by republican authorities to
counter steps taken by federal agencies or those of another republic
that are contrary to the federal constitutional and detrirnental to
Serbia (...) cited by Dr. Gow as showing that "Serbia (was) preparing
for the dissolution of Yugoslavia", cannot be viewed in isolation. In
fact, that Article of the 1990 Serbian Constitution is patterned after
Amendment XLVl of 1989 to the Slovenian constitution. It may have
been such actions by Slovenia that Dr. Gow had in rnind when he
told the Foreign Affairs Committee of the House of Cornmons that
"The Slovenes were the first to give up on Yugoslavia", a phrase
discussed in Dr Gow's cross examination on the rnorning of 10 May.
However, during the discussion of this issue during cross-examination,
Dr. Gow's citation of dates was perhaps misleading, saying that the
Slovenian leadership 'by the end of 1990 at the latest had decided
that there was no future in the SFRY and had begun making
preparations for the independence of Slovenia.' The crucial date was
rnid-1989, with adoption of this and other arnendrnents to the
Slovenian Constitution." (Statement of Robert McBeth Hayden, 27
August 1996, Annex No 93, pp. 788-803).
1.3.18.9. In connection with nationalism which corne to the
fore in the SFRY in the late 19801s,Hayden says:
"7. With the dernise of the Yugoslav variant of state socialism
in the late 1980s, separate nationalisms arose among the several
Yugoslav peoples. 'Nationalism' in this context meant a political
position of demanding that each of the 'nations' of Yugoslavia be
sovereign in its own state. The success of nationalist politics in the
various Yugoslav republics led to the adoption of constitutional
formulations justifying each republic, except Bosnia and Herzegovina,
on the struggle for self-determination of the specific nation (Slovenes,
Croats, Serbs, Montenegrins, Macedonians) in the republic bearing its
name and resting sovereignty primarily on that nation.
"8. These republican constitutions effectively degraded the
status of those not of the titular group in each republic. Thus
Amendment 43c to the Slovenian Constitution (1989) granted rninority
languages and cultural rights only to the 'autochthonous' ltalian and
Hungarian rninorities in Slovenia, effectively denying such rights to
the much larger minority populatuions frorn other parts of Yugoslavia,
in contradiction to Arts. 154,245 and 246 of the federal constitution.
A 1990 arnendment to the Constitution of Croatia rernoved the
provision that Croatia was 'the state of Serbs in Croatia as well as
the national state of Croats, rendering the Serbs a minority with,implicitly, fewer rights than as a 'state-forming nation'." (Statement of
Robert McBeth Hayden, Annex No 93)
1.3.18.10. The above is illustrated by part of a reply by
James Baker, forrrier U.S. Secretary of State, to the House
lnternational Relations Committee of the US Congress on 12 January
1995. Republican Rohrabacher asked the following question:
"You were in Belgrade in 1989, believe, as Secretary of State.
Shortly thereafter, Serbians launched a major offensive against
Croatia. Do you think that anything you said in Belgrade during that
time period might have led them to believe that the United States
would accept that as an acceptable policy of having this Serbian
domination of this area?"
Mr Baker replied:
"No, absolutely not. What said, and you - it's interesting,
because I'rn writingi3book about my years as Secretary of State, so,
I've gone back arid reviewed the transcript of some of those
meetings. What 1said was that if there were unilateral declarations of
independence followi:d by the use of force that foreclosed possibilities
for peaceful breakup, peaceful negotiation, as required again by the
Helsinki Accord, that: it would kick off themnest civil war they had
ever seen. And that is exactly what happened. And the fact of the
matter is that it wa.s Slovenia and Croatia who unilaterally declared
independence, in the face of those kinds of warnings. They used
force to seize their border posts. And that, indeed, triggered the civil
conflict that--that we suggested was going to happen. (Hearing of
the House lnternational Relations Committee, Subject: Foreign Policy,
Chaired by: Rep. Benjamin A. Gilman (Rep., NY); Witness: James
Baker, Former Secretary of Statel Thursday, January 12, 1995, p. 13
& 14, Annex No 94, pp. 804-805)
1.3.18.11. Tkie same views are held by Prof. Huntington:
"The breakup of Yugoslavia began in 1991 when Slovenia and
Croatia moved to~lard independence and pleaded with Western
Europe powers for support."(Samuel Huntington, The Clash of
Civilizations and the: Remaking of World Order, New York, 1996, p.
282, Annex No 95, p. 807)
1.3.19. Conclusions
1.3.19.1. The Respondent denies the assertions subrnitted
in al1 the pleadings of the Applicant related to the alleged
breaches of the obligations established by the GenocideConvention or the attribution of these alleged breaches to the
Respondent. The Applicant has not submitted valid evidence to
prove its assertions regarding the alleged breaches of the
obligations established by the Genocide Convention and its
assertions concerning facts relevant to the attribution of the
alleged breaches to the Respondent.
1.3.19.2. Muslims and Croats have not been subjected to
genocide or any other act prohibited by the provisions of the
Genocide Convention. The Applicant has failed to prove the
existence of legal requirements provided for by the Genocide
Convention without which there is no genocide.
1.3.19.3. The Applicant has failed to prove that the alleged
acts were directed exclusively against members of an ethnic or
religious group as such, as well as that there existed an intent
without which there is no genocide.
1.3.19.4. The Respondent has not committed any act
prohibited by the provisions of the Genocide Convention nor has
any such act been committed on its territory. Neither can any
alleged such act indicated by the Applicant be attributed to the
Respondent.
1.3.19.5. At the beginning of the civil war in Bosnia and
Herzegovina, the Republic of Srpska existed de facto as a State
with effective control over its territory. The Respondent had no
power or control over, or influence on the Republic of Srpska at
the relevant time. No acts prohibited by the provisions of the
Genocide Convention were committed on the territory of Bosnia
and Herzegovina by any organization or individual under the
authority, control or influence of the Respondent State. CHAPTER Il
FACTS RELEVANT TO THE ATTRIBUTION OF ACTS TO A
STATE
2.1. Introduction
2.1.1.1. The Applicant's thesis that a "Greater Serbian"
ideology is the cause of everything that has happened in the former
Yugoslav Republic of Bosnia-Herzegovina, including the alleged
genocide of Muslims, is entirely unfounded. Developments in
Bosnia-Herzegovina are the result of interna1factors. Events in other
parts of the SFRY certainly had some influence on those
developments, as well as the support of secession by sorne
international factors. The violent secession of Slovenia, the armed
revolt in the Republic of Croatia and attacks on the JNA and the
Serb population in that Republic, and the civil war in that Republic
certainly influenced the political position of the Serb people.
2.1.1.2. The basic cause of the negative developrnents in the
former Yugoslav repwblic of Bosnia-Herzegovina is the disagreement
between the three main ethnic groups, or the political parties which
represented thern, about the secession from the common state, the
SFRY, i.e. about the status of the Serb people. This disagreernent
culminated in armed conflict and civil war and the creation of several
separate States in the region.
2.1.1.3. The Applicant makes a series of assertions against
the Respondent which are not founded on facts. For example, a
statement in para. 6.3.0.2. of the Memorial (p. 258) reads:
"Yugoslavia ...has established its de facto sovereignty on extensive
territories belonging to the Republic of Bosnia and Herzegovina where
it acts as the real ruler, either directly...or through the so-called
'Srpska Republika' or other groups or individuals which are, in fact,acting on its behalf." The Applicant repeats this allegation in para.
6.3.1.3. of the Memorial (p. 260).
2.1.1.4. In section 6.3.2. of the Memorial (pp. 260- 265), the
Applicant repeats some groundless allegations. In para. 6.3.2.1. of the
Memorial (pp. 260-261), the Applicant says that the "Serbian Republic
of Bosnia - Herzegovina, subsequently "Srpska Republika", whose
forces, seemingly, took over JNA and Serbian and Montenegrin police
forces".
2.1.1.5. In para. 6.3.2.2. of the Memorial (p. 261), the
Applicant says: "The authorities of the supposed 'new State'
continued to take their orders from Belgrade; JNA continued, under a
new name, its campaign of genocide not only with the aid, but under
the control of, and with substantial supplies from Yugoslavia ...".
2.1.1.6. The Applicant says in para. 6.3.2.6. of the Memorial
(p. 236): "lt is highly significant in this respect that both Yugoslavia...
and the so-called 'Srpska Republika' behave clearly in a way
indicating that the latter is not an independent State, or indeed a
quasi sovereign entity of any kind. Thus, in the meetings of the
International Conference on the Former Yugoslavia, the
representatives of the so-called 'Srpska Republika' sit with the
delegation of Yugoslavia ... In the same way, it must be noted that
the Application to the I.C.J. made by Yugoslavia ..as recently as 16
March 1994, challenges the validitv of the decisions taken at a
meeting of the North Atlantic Council on 9 February 1994, the aim of
which is to protect the territory of Bosnia and Herzegovina. This
shows in the clearest way that Yugoslavia ...considers the part of
Bosnia and Herzegovina it controls through the so-called 'Srpska
Republika' as part of its own territory ... ".
2.1.1.7. The Applicant goes further and says in para. 6.3.2.7.
of the Memorial (p. 263): "lt is evident from the facts that the entity
which calls itself 'Srpska Republika' does not exist as a State and,
indeed, has no legal existence at all."
2.1.1.8. In para. 6.3.2.7. of the Memorial (pp. 263-264), the
Applicant denies that the Republic of Srpska is a State. It says that it
has a territory and population "but it has neither an 'organized
political authority' nor sovereignty in the meaning these words have in
international law".
2.1.1.9 The Applicant continues (p. 264): "Therefore, even if
the so-called Serb Republic were to exercise some sort of effective
authority, this would not endow it with international legal status. It
remains a surrogate of the Federal Republic of Yugoslavia." 2.1.1.10. In para. 6.3.2.9. of the Memorial (p. 265), the
Applicant says: "The 'government' of this so-called 'State' is entirely in
the hands of the Government in Belgrade, it has no effective power
whatsoever, and no authority except by the grace of its master in
Belgrade."
2.1.1.11. The Applicant concludes (p. 266 of the Memorial):
"ln the present case, it is clear that if so-called 'Srpska Republika'
were a State and could be held as such to be the perpetrator of the
crime of genocide on the territory it controls, it would nevertheless
have been 'subject to the power of direction and control' of
Yugoslavia ...whose responsibility would therefore be entailed." The
Applicant repeats this claim in para. 6.3.3.6. of the Memorial (p. 268).
2.1.1.12. This Chapter of the Counter-Memorial demonstrates
that the foregoing allegations made by the Applicant are not based
on facts.
Section 1 - Facts Related to the Founding of the Republic of
Srpska
2.2. Election in 1990 and Victory of National Parties
2.2.1.l. The Parliament of the Socialist Republic of
Bosnia-Herzegovina adopted a Law on Civic Associations in
Bosnia-Herzegovina in the first half of February 1990 (Sluibeni list
SR BIHI Official Gazette of the Socialist Republic of
Bosnia-Herzegovina, No. 5/90, Annex No 96, pp. 808-8101811-812).
This created a legal basis for the formation of political parties.
2.2.1.2. The Muslim Party of Democratic Action (hereinafter
SDA), headed by Mr. Izetbegovic, was formed in Sarajevo on 26 May
1990.
2.2.1.3. The Serb Democratic Party (hereinafter SDS) was
formed on 27 July 1990. The leaders of this party were Dr Radovan
Karadiic, Professor Dr Biljana PlavSic and the late Professor DrNikola Koljevic. They had not been involved in politics before the
crisis began in Yugoslavia in 1990.
2.2.1.4. The third national party in Bosnia and Herzegovina is
the Croatian Democratic Union (hereinafter HDZ).
2.2.1.5. The first multi-party elections in the Socialist Republic
of Bosnia-Herzegovina were held on 18 and 19 November 1990.
The results were published in the Official Gazette of SR
Bosnia-Herzegovina, No. 4211 990, dated 19 December 1990. In
addition to the three leading national parties, many other parties took
part in the elections. They included the Democratic Socialist League
of Bosnia-Herzegovina, the League of Reform Forces of Yugoslavia
for Bosnia and Herzegovina, the Democratic League for
Bosnia-Herzegovina, the Green Movement, the League of Communists
- Social Democratic Party, the Muslim Bosnian Organization, the
Party of Private Initiative, the Democratic Party of Mostar and Tuzla
and the Serbian Renewal Movement.
2.2.1.6. The parliamentary seats were divided as follows in
the SR Bosnia-Herzegovina: SDA 86, SDS 72 and HDZ 44. The
distribution of the parliamentary seats was in line with the national
structure of the population. The three main national parties together
won 202 of the total of 240 parliamentary seats. The parties whose
programmes did not stress national issues won only 38 parliamentary
seats.(lzveStaj O rezultatima izbora poslanika u Vijece gradjana
SkupStine SocijalistiEke Republike Bosne i Hercegovine, SluZbeni list
SR BiHlReport on the Results of the Elections of Deputies to the
Chamber of Citizens of the Assembly of the SR B-H, Official Gazette
of the Socialist Republic of Bosnia-Herzegovina, No. 42/90, Annex No
97, pp. 813-8351836-949; Bosnia-Herzegovina, Defence and Foreign
Affairs Handbook, London, 1994, p.135,Annex No 98, pp. 950-955)
2.2.1.7. The electoral results clearly demonstrate the political
position of the citizens of the former Yugoslav republic of
Bosnia-Herzegovina. It is clear that the ovenvhelming majority of
citizens voted according to their national affiliation for parties that
represented their national interests.
2.2.1.8. At the firstulti-party elections on 18- 19 November
1990, the following members of the Presidency of the Socialist
Republic of Bosnia and Hezegovina were elected: Fikret Abdic,
(1,045,539 votes) and Alija lzetbegovic (879,266 votes) as Muslims;
Dr Biljana PlavSic (573,812 votes) and Dr Nikola Koljevic (556,218
votes), as Serbs; Stjepan Kljujic (473,812 votes) and Franjo Boras
(416,629) as Croats; and Ejup Ganic (709, 691 votes) as a Yugoslav.
(Sluibeni list SocijalistiCke Republike Bosne i HercegovinelOfficialGazette of Socialist Republic of Bosna and Herzegovina No. 42,19,
December 1990, Annex No 97)
2.3. Disagreernent between the Three Leading Parties
about the Fi~tureOrganization of Yugoslavia and Bosnia-
Herzegovina in 1991
2.3.1.1. During preparations for the foundation of the SDS, its
future leaders stressed two aims as being the essence of its
programme: that al1 parts of the Serb people living in the SFRY
should remain in Yugoslavia, and the maintenance and development
of friendly relations with neighbouring peoples, in the first place with
the Muslims. These goals were reiterated at the Constituent Assembly
and later on the occasion of the founding of local SDS organizations.
At the founding meeting of the SDS in Goraide al1those present at
the town stadium expressed their wish to continue to live within the
borders of the SFRY. Speaking at the founding meeting of the SDS
branch in Stolac, Mr Velibor Ostojic, chairman of the SDS Executive
Council, said that a lconfederalorganization of the SFRY would mean
that the Serb people would be split among several States and
rendered national rninorities, which could not be accepted. Dr
Karadiic repeated ttie same thesis at the founding meeting of the
SDS branch in Mostar. (D. Maric, Nikada necemo prihvatiti
konfederaciju Mle Shall Never Accept a Confederationl Politika, 8
October 1990, Annex No 99, p. 9561957)
2.3.1.2. A resolution of Muslim intellectuals on a sovereign
Bosnia-Herzegovina was presented at a press conference held in
Sarajevo on 7 Januilry 1991, on Orthodox Christmas Day. (M.Duric,
Objavljena rezolucija muslimanskih intelektualaca IResolution of
Muslim lntellectuals Made Public1Politika, 8 January 1991, Annex No
100, p. 9581959) It was probably no coincidence that this statement
was made precisely on Orthodox Christmas Day. It is mentioned here
because some acts of genocide of the Serbs were committed on
Orthodox Christian holidays during World War Two.
2.3.1.3. The position of SDA leader A. lzetbegovic was
presented at a press conference held in Sarajevo on 30 January
1991, when he said: "If Slovenia and Croatia secede from the
present Federation, we will consider that we no longer have any
authority to conduct further talks on a new Yugoslavia. We will
propose that a referendum be held of al1 citizens of
Bosnia-Herzegovina - not of individual peoples - to decide on theindependence and sovereignty of Bosnia-Herzegovina and that a
decision be reached by a majority of at least two-thirds." A
Declaration on the Sovereignty of Bosnia-Herzegovina was distributed
to reporters on that occasion. (Referendum O samostalnosti BiH
IReferendum on the lndepedence of B-Hl Politika, 31 January 1991,
Annex No 101, p. 9601961)
2.3.1.4. In February 1991, the SDA Executive Council
prepared a Draft Declaration on the Sovereign B-H and submitted it
to the B-H Parliament.
2.3.1.5. On 20 February 1991 the SDS Council issued a
statement saying that the SDA Declaration on the Sovereignty and
lndivisibility of Bosnia-Herzegovina was unacceptable to the Serb
people. The statement said that a sovereign and indivisible
Bosnia-Herzegovina was only possible within the framework of the
Yugoslav Federation and that the SDA Declaration denied the Serb
people its right to live in one state. (DeklaracijaO suverenosti BiH
svodi status srpskog naroda na nacionalnu manjinu IDeclaration on
the Sovereignty of B-H Reduces the Serbian People to the Status of
a National Minorityl Politika, 21 February 1991, Annex No 102, p.
9621363)
2.3.1.6. In reaction to the Declaration on the Sovereign B-H
prepared by SDA for the B-H Parliament, five parties that were active
in Banja Luka issued a joint statement saying that these acts did not
respect the results of the first multi-party elections in
Bosnia-Herzegovina because the SDS had won a convincing victory
in communes covering 64 per cent of the territory of
Bosnia-Herzegovina, which meant that the people of these areas had
voted to remain within Yugoslavia. (D. Kecman, BiH nije "negde
izmedju" IB-H Is Not Somewhere "ln-between"1 Politika, 26 February
1991, Annex No 103, pp. 9641965-966)
2.3.1.7. The SDS branch in Sarajevo rejected the Declaration.
The regional committee of SDS for North-Eastern Bosnia said in a
public statement of 14 Herzegovinian communes that the Declaration
was unacceptable. (M. Caric, SDS Sarajeva odbija Deklaraciju O
suverenosti BiH ISDS of Sarajevo Rejects the Declaration on a
Sovereign B-Hl Politika 27 February 1991, Annex No 104, p.
9671968)
The SDS Committee for Herzegovina most
energetically condemned the Declaration on the State Sovereignty of
Bosnia- Herzegovina as an anti-constitutionaland illegal act
calculated to break up Yugoslavia and as an act directed against the
interests of the Serb people and their right to live in a single state.
Representatives of 14 communes had agreed at a meeting in Gackoon concrete measures to protect the Serb people and its sovereign
right to live in aonimon homeland.
2.3.1.8. At the session of the B-H Parliament of 27 February
1991, the Draft Dectaration on the Sovereign 6-H proposed by SDA
was reviewed. Marko SimiC proposed on behalf of 20 SDS deputies
that the Declaration be removed from the agenda and addressed to
the Council for National Equality of B-H, as envisaged in para 10 of
Amendment LXX tol the Constitution of the Socialist Republic of
Bosnia and Herzegovina of 1990. para 10 of Amendment LXX reads
as follows:
"The Councill on the Questions of the Realization of the
Equality of the Peoples and Nationalities of Bosnia and Herzegovina
shall be set up in the Assembly of the Socialist Republic of Bosna
and Herzegovina. As members of the Council shall be elected an
equal number of MF's from the ranks of the members of the peoples
of Bosnia and Herzegovina - Muslims, Serbs and Croats, a
corresponding number of MPs from the ranks of the members of
other peoples and nationalities and others living in Bosnia and
Herzegovina. The Council shall decide on the basis of agreement
between the menibers from the ranks of al1 peoples and
nationalities. The composition, scope and manner of work of the
Council shall be regulated by the law to be adopted by a two-third
majority of the ovr:rall number of MPs in the Assembly of the
Socialist Republic of Bosna and Herzegovina.
"The Council shall consider in particular the questions related
to: the equality of language and script; organization and activities of
cultural institutions tiaving special importance for the expression and
affirmation of national characteristics of individual peoples and
nationalities and the adoption of rules and regulations ensuring the
realization of the constitutional provisions whichexpressly establish
the principles ofequ~alityof peoples and nationalities.
"The Council shall necessarily consider the question of the
equality of peoples and nationalities at the initiative of MPs in the
Assembly of the Socialist Republic of Bosna and Herzegovina. If at
least 20 MPs consider that the equality of peoples and nationalities
has been violated by a proposed rules and regulations or any other
act, the proposa1 to be decided by the Assembly of the Socialist
Republic of Bosna and Herzegovina shall be determined by the
Council.
"The Asserribly of the Socialist Republic of Bosna and
Herzegovina shall decide on the questions of interest to the
realization of equality of the peoples and nationalities of Bosnia and
Herzegovina at the proposa1 of the Council in a special procedure
established by the Rules of Procedure of the Assembly of the
Socialist Republic of Bosna and Herzegovina by a two-third majorityof the overall number of MPs." (Sluibeni list SR BiHl Official Gazette
of the SR BH, No 21190,Annex No 105,pp. 969-9701971)
The Assembly Secretary Avdo campara (SDA deputy)
told the Parliament that the Council for National Equality did not
exist. (M.Duric, M.Caric, Deklaracija upucena u Savet za nacionalnu
ravnopravnost IDeclaration Referred to the Council for National
Equalityl Politika 28 February 1991,Annex No 106,p. 9721973)
2.3.1.9. At the session of the Assembly of the Socialist
Republic of Bosnia-Herzegovina, held on 27 February 1991, Alija
lzetbegovic said: "We would sacrifice peace for a sovereign
Bosnia-Herzegovina, but would not sacrifice its sovereignty for peace."
This statement greatly upset the Serb people. The Club of Serb
Deputies in the B-H Assembly addressed a letter to the President of
the Presidency of the Socialist Federal Republic of Yugodavia with a
request for protection, in which it is said among other things:
"We, Serb deputies in the Assembly of the Socialist Republic
of Bosnia-Herzegovina, as legitimate and only representatives of the
Serb people in Bosnia-Herzegovina request the federal institutions to
protect Our sovereign right to remain within the federal state of
Yugoslavia.
"We base our right to live in the federal state of Yugoslavia
on the present Constitution of Bosnia-Herzegovina, Article 1, para 2,
as well as on the still existing Constitution of the Socialist Federal
Republic of Yugoslavia."
The said statement of Alija lzetbegovic was also condemned
by the Socialist Democratic Party of Bosnia-Herzegovina rallying
members of al1 the three peoples. (M. Caric, SDA je konaCno
obelodanila svoje prave namere ISDA Has Finally Revealed Its True
Intentions1Politika, 1 March 1991, Annex No 107, p. 9741975-976;M.
Caric, Koga lzetbegovic moie da zastupa u PredsedniStvu SFRJ
NVhom Can lzetbegovic Represent in the Presidency of the SFRYI
Politika, 1 March 1991, Annex No 108, p. 9771978; D. Kecman,
Frapantne metamorfoze A. lzetbegovica ïThe Amazing
Metamorphoses of A. lzetbegovi 1 Politika, 1 March 1991, Annex No
109, p. 9791980)
2.3.1.IO. Mass rallies were held in Banja Luka and on Mount
Kozara in early March 1991 in support of the preservation of the
Yugoslav Federation. About 70,000 people rallied at the meeting in
Banja Luka. (Veliko interesovanje za miting na Kozari /Great lnterest
in the Rally on Mt, Kozaral Politika, 3 March 1991, Annex No 110, p.
9811982; DuSan Kecman, Protiv razbijaCa zemlje IAgainst Those
Breaking up the Country1 Politika, 4 March 1991, Annex No 111, p.983/984; Dj.Djukic, OdluCna bitka za Jugoslaviju /The Decisive Battle
for Yugoslavial Politika, 4 March 1991, Annex No 112, p. 9851986)
2.3.1.11. The SDS Regional Committee for the Bosnian
Krajina protested at a press conference held in Banja Luka on 7
June 1991 against the announced referendum on
Bosnia-Herzegovina's sovereignty and pledged its support for living
together in Yugoslavia. (D. Kecman, KrajiSnici ne priznaju nikakvu
suverenu driavu BiH IKrajina People Do Not Recognize Any
Sovereign State of B-Hl Politika, 8 June 1991, Annex 113, p.
9871988)
2.3.1.12. Addressing a mass rally in Nevesinje on 23 June
1991, Dr Karadiic said that the Serbs would not agree to be divided
by state borders. (D. Maric, Srpski narod neCe dati Jugoslaviju /The
Serbian People Will lNot Give Yugoslavia Upl Politika, 24 June 1991,
Annex No 114, p. 9891990)
2.3.1.13. In a letter to US Secretary of State James Baker,
the SDS said that it had won the support of three-quarters of the
Serb people in Bosriia-Herzegovina who wished to live in a federal
Yugoslavia in which parts of the Serb people would not be national
minorities. (Mirko Caric, MiloSevic umesto lzetbegovica IMiloSevic
lnstead Izetbegovicl Politika, 25 June 1991, Annex 115, p. 9911992)
2.3.1.14. After itbecame obvious that the Muslims and the
Croats in Bosnia-Hei'zegovina did not wish to remain in Yugoslavia,
Dr Karadiic told a press conference held in Belgrade on 18 July
1991 that each people could leave Yugoslavia but without harming
other peoples that wanted to remain in Yugoslavia. Serbian and
English versions of a brochure entitled "What the Serbs Propose"
were distributed at this press conference. The purpose of this
brochure was to acci~ratelypresent the positions of the SDS and thus
oppose anti-Serb pi'opaganda. (A.Brkic, Regije - kljuE za reSenje
jugoslovenske krize /Regions - the Key to the Solution of the
Yugoslav Crisisl Politika, 19 July 1991, Annex No 116, pp. 9931994)
2.3.1.15. In a statement dated 14 October 1991, the SDS said
that if Croatia seceded from Yugoslavia the SDS would propose the
holding at local levels (district, commune and region) and the
republican level of a referendum of Bosnia-Herzegovina's three
constituentpeoples.
2.3.1.16. Two days later Dr Karadiic told an SDS press
conference in Sarajevo that it was obvious that the Muslirns and
Croats in Bosnia and Herzegovina did not wish to remain in
Yugoslavia. "For th~atreason we expect recognition of Our wish tohave strong federal ties with Yugoslavia. In order to avoid a civil war
the Assernbly adopted principles according to which a solution
acceptable to al1the peoples will be sought, while no one will impose
their will on others, "the SDS leader said. (M.PeSic, Nerna
jedinstvenog reSenja za BiH nhere is No Single Solution for B-Hl
Politika, 18 October 1991, Annex No 117, pp. 9951996)
2.3.1.17. Finally, on 22 Decernber 1991, the SDS proposed a
cornprehensive dernocratic transformation of Bosnia-Herzzgovina into
a confederation of three ethnic cornrnunities with three parliarnents.
During the talks held between the three parties the SDS proposed
that an integral B-H be preserved as part of the Yugoslav Federation.
Realizing that the two other parties were against this, the SDS was
prepared to respect the wish of Muslirn and Croat representatives to
"loosen" the ties with Yugoslavia or to cornpletely secede from it. "For
the sake of peace we are ready to accept B-H as a confederation
with three parliarnents of the three ethnic cornrnunities, functioning
without any mutual disturbances. This confederation would also have
sorne cornrnon functions, which could rnake it possible for for B-H to
De a link between Croatia and Yugoslavia. Thus, in B-H three
entities,cornplernentary or at least indifferent to each other, would be
established" - said Dr R. Karadiic inforrning the Parliarnent of the
Serb people of negotiations between the three ethnic comrnunities.
(Muharem DuriC, BosanskohercegovaCka konfederacija /A Bosnia-
Herzegovinian Confederationl Politika, 23 Decernber 1991, Annex No
118, pp. 9971998)
2.3.1.18. It should be said, however, that not al1 Muslirn
parties and leaders shared the position of the SDA and A.
Izetbegovic. The Muslirn Bosniac Organization and its leader, Adil
ZulfikarpaSic, and the SDS and its leader, Dr Radovan Karadiic,
prepared a draft agreement on Serb-Muslirn relations in
Bosnia-Herzegovina, which said:
"1. Aware of the problerns we have inherited and those
produced by political life since the elections, we have decided, in the
spirit of openness and rnutual respect, to work for the achievernentof
the historical and political interests of Our two peoples. This
Agreement is not airned against anyone. It is for the benefit of all,
and as such, open to al1 who support the principle of the cornrnon
life In freedorn and full equality.
"2. We consider that the basis for such life is rnutual
recognition of the sovereignty of peoples and the full territorial
integrity of ourRepublic of Bosnia-Herzegovina and its constitutional
and legal equality with the other republics in the cornrnon state of
Yugoslavia. "3. In Our view, there is full historical justificatiofor
Yugoslavia as a common state of completely equal peoples and we
shall work for the preservation and development of such a
community.
"4. We are agreed that Bosnia-Herzegovina should be a
legally and politically united and a democratic federal unit with
appropriate powers in al1 parts of its territory, on condition that the
federal constitution and legislation form the basis of the country's
system and guarantee the equality of citizens, peoples and republics.
"5. We express Our interest in the Croats of
Bosnia-Herzegovina living with us in full equality and we cal1 upori
them to accede to tt-lis Agreement. Regardless of the position of the
Republic of Croatia, in or outside Yugoslavia, the Croats in
Bosnia-Herzegovina a.rea completely equal people.
"6. Relations between citizens, peoples and republics in
Yugoslavia shall be regulated by a common constitution embodying
European standards.
"7. We are aware that this Agreement constitutes only a
political and historical basis for Our durable common life in peace.
However, such a political accord makes it possible to seek the most
constructive and rational solutions for the work of common federal
bodies and their furictions: monetary system, single market, single
armed force and fore,ignaffairs.
"8. We also consider that the optimal Yugoslav comrnunity is
one comprising al1 s'ix republics and al1 the peoples who originally
constituted this comniunity. Those peoples and republics who wish to
withdraw from this community should do so by agreement and
guarantee the real iriterests of each of the other members." (Focus
S1192,pp. 118-119, A,nnexNo 119, pp. 99911 000)
2.3.1.19. Hovvever, radical Muslim groups hindered these
efforts with their persistant attacks on the Muslim Bosniac
Organization (Muharem Duric, ZajedniEki iivot u zajedniEkoj driavi
/Joint Life in a Joint Statel Politika, 31ly 1991, Annex No 120, pp.
100111002-1004)
2.3.1.20. Ttie representatives of the Muslirn-Bosniac
Organization were e:~posedto great pressure and open threats by
radical Muslim groupis in SDA, which prevented the conclusion of the
agreement. (M.CariC, Propao pokuSaj SDA da minira sporazum
IAttempt of the Party of Democratic Action to Undermine the
Agreement Failedl Politika, 2 September 1991, Annex No 121, pp.
100511 006-1007; P.Simic, Srpsko-muslimanski sporazum pod
informativnom blokisdom ISerb-Muslim Agreement under an
Information Blockadelr Politika, 11 August 1991, Annex No 122. pp.
100811 009) 2.3.1.21. In addition to this, a rift occurred between A.
lzetbegovic and the leader of the Muslims in Western Bosnia, Fikret
Abdic, at the SDA Conference held in Sarajevo on 1 December 1991.
The latter said that in important things it was wrong to act against
the interest of not only the Muslim people but also the other peoples
of Bosnia-Herzegovina and opposed the absolute power of A.
Izetbegovic. (Muharem Duric, Abdiceve zamerke lzetbegovicu NVhat
Does Abdic Hold against IzetbegoviclPolitika, 2 December 1991,
Annex No 123, pp. 10101101 1-1012). F. Abdic had before that
received more votes than A. lzetbegovic in the presidential elections,
but had ceded the Presidency to the latter. F. Abdic later broke
entirely with A. Izetbegovic, particularly after the formation of the
Muslim Autonomous Province of Western Bosnia and the conclusion
of a treaty on peace and cooperation with the Republic of Srpska.
This conflict culminated when A. Izetbegovic's forces (The Fifth Corps
in Bihac) defeated F. Abdics forces in Western Bosnia, which resulted
A. Izetbegovic's forces terrorozing the civilian Muslim population in
that region, particularly the town of Velika KladuSa, and in the
escape of about 60,000 Muslims from that region to the Republic of
Serbian Krajina at the end of August 1994. After consolidating his
forces, Abdic regained the lost territory and Muslim refugees returned
to the area. However, in 1996 his forces were definitely defeated by
a coalition of Muslim and Croat forces.
2.4. The Process of State Organization of the Serb People
in Bosnia and Herzegovina
2.4.1.1. In reaction to the first signals coming from Muslim
and Croat political organizations on the possible secession of the
Socialist Republic of Bosnia-Herzegovina from the SFRY, the Serb
people in Bosnia-Herzegovina set up a number of Serb autonomous
regions during 1991: Bosnian Krajina, Romanija, Herzegovina,
Semberija and Northern Bosnia. They showed in this way that they
would not be willing to remain in an independent Bosnia and
Herzegovina.
2.4.1.2. After the session of the Assembly of the Socialist
Republic of Bosnia and Herzegovina with an insufficient number of
deputies present on 14 October 1991, when the Memorandum and
the Platform were adopted which started the illegal secession of
Socialist Republic of Bosnia and Herzegovina from Yugoslavia, and
as reaction to this act, the SDS and the Serbian Renewal Movement
(SPO) clubs in the Bosnia-Herzegovina parliament, as the legitimate
representatives of the Serb people in Bosnia-Herzegovina, decided ata meeting held on 24 October 1991 to found a assembly of the Serb
people in Bosnia-Herzegovina, on the basis of the constitutional right
to self-determination. (Odluka osnivanju SkupStine srpskog naroda u
bosni i Hercegovini1C)ecisionon the Establishment of the Assembly of
the Serb People in H-H, Annex No 124, pp. 1013-101511016-1017)
2.4.1.3. At it:; session of 24 October 1991, the assembly of
the Serb people in Bosnia-Herzegovina, acting on the basis of the
constitutional right to self-determination, adopted a decision that the
Serb people in Bosnia-Herzegovina would remain in the common
state of Yugoslavia. (Decision of the Serb People of B-H to Remain
in the Common State of Yugoslavia, Annex No 125, pp. 1018-
101911020)
2.4.1.4. The Assembly of the Serb people in
Bosnia-Herzegovina organized a plebiscite of the Serb people in
Bosnia-Herzegovina on 9 and 10 November 1991. 1,162,032 Serbs
and 48,895 non-Serbs voted in favour of remaining in Yugoslavia
(Muharem Duric, Bosna ostaje u Jugoslaviji IBosnia Remains in
Yugoslavial Politika, 13 November 1991, Annex No 126, p.
1021 11022; Bosnia-Herzegovina, Defence and Foreign Affairs
Handbook, London, 11994,Annex No 98)
2.4.1.5. As the Government and Presidency of the Republic of
Bosnia and Herzegovina, by a majority of votes and contrary to the
will of representatives of the Serb people, decided on 20 December
1991 to submit to the MinisterialConference of the Eurpean
Communities a request for international recognition of Bosnia and
Herzegovina as an independent state, the Assembly of the Serb
people in Bosnia-lierzegovina adopted a Declaration on the
proclamation of the Republic of the Serb People in
Bosnia-Herzegovina on 9 January 1992. The Declaration States:
"On the basis of the plebiscite of 9 and 10 November 1991 at
which Serbs voted in favour of remaining in the common state of
Yugoslavia, the Repiiblic of the Serb People in Bosnia-Herzegovina is
founded and proclaimed in the territories of the Serb autonomous
regions and areas and other Serb ethnic territories in
Bosnia-Herzegovina, including those areas in which the Serb people
became a minority in World War Two." (Declaration on the
Proclamation of the Republic of the Serb People of B-H, Annex No
127, pp. 1023-102911030-1034)
2.4.1.6. The Assembly of the Serb people in
Bosnia-Herzegovina adopted the Constitution of the Bosnian Serb
Republic on 28 February 1992. It was done one day before the
referendum for independent and sovereign Bosna and Herzegovina,organized by the Assembly of that Republic contrary to the relevant
constitutionalrules and the will of represeiitatives of the Serb people
in the Assembly. (Decision on the Promulgation of the Constitution of
the Serb Republic of 9-H and The Constitution of the Republic of
Srpska, Annex No 128, pp. 1035-103911040-1043)
2.4.1.7. On the same day, 28 February 1992, the Assembly of
the Serb people in Bosnia and Herzegovina adopted the Law on
people's Defence and the Law on Interna1Affairs.
2.4.1.8. The Assembly of the Serb people in Bosnia and
Herzegovina established, on 27 March 1992, the National Security
Council with powers related to the security of the Serb people in
Bosnia and Herzegovina.
2.4.1.9. The Bosnian Serb Republic founded its Army on 13
May 1992 and appointed General Ratko Mladic its Commander.
Acording to Article 106 of the Constitution of the Bosnian Serb
Republic, the Commander-in-Chief was the President of the Republic,
Dr Radovan Karadiic.(Report of the Secretary General, para 2.
Sl24049, 30 May 1992, Annex No 129, pp. 1044-1048)
According to the Applicant "General Ratko Mladic ...had been
appointed as commander of the Serbian Army in Bosnia and
Herzegovina on 9 May". (Memorial, para. 2.3.6.4, p. 79)
2.4.1.IO. The Assembly of the Serb people in
Bosnia-Herzegovina adopted a declaration on the state and political
organization of the Bosnian Serb Republic, which defined the name
of the state as the "Republic of Srpska".
2.4.1.11. Annex II of the Report on the situation of human
rights in the territory of the former Yugoslavia submitted by Mr
Tadeusz Mazowiecki, Special Rapporteur of the Commission on
Human Rights, pursuant to para.14 of Commission resolution
19921s-1/1 of 14 AU~US~ 1992 (EICN.411992lS-119,28 AU~US~ 1992,
p.18, Annex No 130, pp. 1050) States:
"Most observers agree that the 'Serbian Republic of
Bosnia-Herzegovina', unrecognized government proclaimed when
Bosnia-Herzegovina declared its independence from Yugoslavia
against the wishes of the Serbian population, controls between 50
and 70 percent of the territory. The headquarters of the 'Serbian
Republic of Bosnia-Herzegovina' is located in thecity of Pale, a short
distance from Sarajevo, the besieged capital of Bosnia-Herzegovina. It
is comprised of four 'autonomous regions', one of which, Banja Luka,
was visited by the Special Rapporteur ...". 2.4.1.12. This report clearly describes the existence of an
unrecognized but independent State.
2.4.1.13. The Security Council indirectly recognized the
existence of the Bosnian Serb Republic when it applied against it
measures under Chapter VI1 of the Charter of the United Nations in
Resolution 942 (1994), dated 23 September 1994 (United Nations
Security Council Re.solution 942 (1994) Annex No 131, pp. 1052).
Like many previous resolutions, this resolution described the Bosnian
Serb Republic as "the Bosnian Serb party". Paragraph 14 of the
Resolution States:
"Decides that States shall prevent the entry into their
territories of:
"(a) the niembers of the authorities, including legislative
authorities, in those areas of the Republic of Bosnia-Herzegovina
under the control of Bosnian Serb forces and officers of the Bosnian
Serb military and paramilitary forces...".
The Security Council recognized the existence of authorities,
including legislative authorities, and also military forces, aswell as
the fact that the latter controlleda territory, which are preconditions
for the existence of a State.
2.4.1.14. By concluding many agreements with the Bosnian
Serb side, starting on 11 April 1992, the Applicant recognized the
former as a party to the conflict (a warring party).
2.4.1.15. The Bosnian Serb Republic was one of the
participants in theConference on Yugoslavia.
2.5. Recognition of Republic of Srpska as a Party to the
Conflict
2.5.1.l. On 11 April, 1992, Radovan Karadiic, the President
of the Serbian Democratic Party, Alija Izetbegovic, the President of
the Party of Democratic Action and Miljenko Brkic, the President of
the Croatian Democratic Union signed the Sarajevo Declaration on
the Humanitarian Treatment of Displaced Persons. (SI23836 p. 12,
Annex No 132, pp. 1053-1054)
2.5.1.2. Agreements on immediate cease-fire were signed on
12 April and again on 23 April 1992 by the leaders of the three sides(Karadiic, lzetbegovic and Brkic), with the mediation of the European
Community. The Bosnian-Herzegovinian Cease-Fire Agreement of 12
April, 1992 reads as follows:
"The leaders of the three main parties of Bosnia and
Herzegovina, aware of the extremely serious situation now prevailing
in the territory of Bosnia and Herzegovina;
"Solemnly agree:
- To declare an immediate and total cease-fire on al1 the
territory of Bosnia and Herzegovina, starting on Sunday, 12 April at
midnight.
- To stop al1 activities that can provoke fear and instability
among the population like the action of snipers and the bombardment
of Sarajevo and other towns and villages. All house searches,
barricades and general arbitrary actions of al1 kinds should stop
immediately.
-All threatening artillery should be removed under the control
of the EC Monitors simultaneously with the suspension of al1
mobilization. These two actions should start within 24 hours of the
cease-fire.
-To disband al1irregular armed forces, in accordance with an
agreed timetable, this will be conducted under the supervision and
control of the EC Monitors.
-To start in the most urgent way work on defining the areas
of the future constituent units of Bosnia and Herzegovina.
- In this context the three main parties reaffirm their
opposition to any territorial gain by force and agree on the right of
return for the refugees, without adverse consequences in respect of
employment or otherwise. The three parties agree that al1 parties
should have equal access to television." (Sl23836, p. 11, Annex No
133, pp. 1055)
With this Agreement, the three parties recognized to one
another the status of warring parties and confirmed control over their
armed forces and combat operations. The Agreement also points to
the main controversial issue among the parties: the future State
organization, i.e. "defining the areas of the future constituent units of
Bosnia and Herzegovina". The Agreement testifies to the
dissatisfaction of the Serb side over the lack of access to Sarajevo
Television.
2.5.1.3. The three sides concluded in Sarajevo the Agreement
of 5 June 1992 on the Reopening of Sarajevo Airport for
Humanitarian Purposes. (S124075,Annex No 134, pp. 1056-1057) 2.5.1.4. The three sides signed on 17 July, 1992 an
Agreement in London in which they agreed to place heavy weapons
of al1 the three sides under the control of UN observers. (Sl24305,
Annex No 135, p. 1C159)
2.5.1.5. Further Report of the Secretary-General Pursuant to
Security Council Reslolution743 (1992) states:
"On the basis of agreements reached with the three
Bosnia and Herzegovina parties in Geneva, UNPROFOR has
succeeded in settingi up a Mixed Military Working Group (MMWG),
which held its first meeting in Sarajevo on 23 October 1992. The
MMGW is now chaircsdby the Chief of Staff of BHC and consists of
representatives of the three parties (the Presidency of Bosnia and
Herzegovina, Bosnian Croats and Bosnian Serbs). This is the first
time that the parties have agreed to tripartite meetings in Sarajevo to
address major issues;of concern. The MMWG has held six meetings
so far. Further meetings are to be held every three or four days. The
subjects primarily addressed by the MMWG so far have been (a)
demilitarization of parts or al1of Sarajevo, (b) opening of routes within
and to Sarajevo, and (c) establishment of a cease-fire in specified
areas or al1 of Bosnia and Herzegovina. At the sixth meeting on 10
November 1992, the three sides agreed to and signed a cease-fire
for al1 of Bosnia and Herzegovina to be effective at midnight 11112
November 1992." (Sl:24848,para. 38, pp. 12, 13, Annex No 136, pp.
1061-1062)
2.5.1.6. The three sides in Bosnia and Herzegovina signed on
30 January 1993, the nine constitutional principles on the basis of
which a new Constitution for Bosnia and Herzegovina was to be
drafted. The three sides also signed, the Agreement for Peace in
Bosnia and Herzegovina related to the cessation of hostilities; the
restoration of infrastructure; the opening of routes; the separation of
forces; the demilitarization of Sarajevo; the monitoring of borders; and
the return of forces to designated provinces. This Agreement was
signed by R. Karadiic, A. lzetbegovic and M. Boban, as the
representatives of the parties to the Agreement and C. R. Vance and
D. Owen as witnesses (Sl25403, 12 March 1993, annexes 1 to III,
Annex No 137, pp. 1063-1068)
2.5.1.7. The Report of the Secretary-General on the Activities
of the InternationalConference on Former Yugoslavia: Peace Talks
on Bosnia and Herzegovina of 26 March 1993 states:
"The Bosnian Serb side, which remained involved in the talks
regarding interim governmental agreement and the revised map of
provincial boundaries, was invited to sign them at a plenary sessionof the talks held on 25 March, but declined to do so. It stated,
however, that it would refer these documents to its assembly for its
consideration and decision. The Co-Chairmen encouraged it to do so
and to act promptly.
(...........).....
The Bosnian Serb side openly admitted to the Co-Chairmen
that as far as they are concerned the independent State of Bosnia
and Herzegovina has never existed and does not exist. It did not
disguise the fact that it considers that it is being forced by the
international community to live within Bosnia and Herzegovina against
its wishes. That being the case, it wished to retain as much of its
present "Republic of Srpska" as possible and to restrict the functions
of the central governmental institutions of Bosnia and Herzegovina to
a minimum. Notwithstanding the fact that it signed the nine
Constitutional Principles on 30 January 1993, it continues to argue for
Bosnia and Herzegovina to be divided into what would effectively be
three separate States. It takes the view that the Constitutional
principles are relevant only to the drafting of a new constitution and
are not applicable for the interim period. Its position, for al1 practical
purposes, amounts to a strategy of continuing its "Republic of
Srpska" by merging the three provinces in which it would have a
majority and which it continues to argue should be contiguous on the
map and linked in al1 aspects of government." (Sl25479, 26 March
1993, paras. 14, 17, pp. 4, 5, Annex No 138, pp. 1069-1070)
2.5.1.8. General Ratko Mladic, Commander of the Republic of
Srpska Army, and general Sefer Halilovic, Commander of the Army
of the Republic of Bosnia and Herzegovina signed on 18 April, 1993
the Agreement for the demilitarization of Srebrenica which provided
for : "The opening of an air corridor between Tuzla and Srebrenica
via Zvornik for the evacuation of the seriously wounded and seriously
ill", as well as that "Humanitarian aid will continue to be allowed into
the city as planned." (Agreement for the Demilitarization of
Srebrenica, Sarajevo, 18 April 1993, Sl25700, pp. 15-16, Annex 19)
2.5.1.9. The army commanders of the three parties (Gen. R.
Mladic, Gen. Rasim Delic and Gen. M. Petkovic) signed on 30 July,
1993 the Agreement on the Complete Cessation of All Combat
Activities.(Sl26233, pp. 9-10, Annex No 139, pp. 1071-1072)
2.5.1.10. The military commanders of the three sides signed
on 11 August, 1993 the Military Agreement for Peace in Bosnia and
Herzegovina. This Agreement included the restoration of infrastructure
as well as ensurance of the freedom of movement. (Agreement on
the Termination of the Conflict, Sl26260, p. 29, Annex No 140,
p.1073) 2.5.1.11. The army commanders of the Republic of Srpska
and of the Muslim forces signed on 31 December, 1994 the
Agreement on Complete Cessation of Hostilities. During the first days
of January this Agreement was also signed by the arrny cornrnanders
of the forces of Herzeg Bosnia and the forces of the Autonomous
Province of the Western Bosnia. Para 6 of this Agreement reads:
"The parties agree to comply immediately and fully with existing
agreements including the June 5, 1992 Sarajevo Airport Agreement,
the April 24, 1993 Srebrenica Agreement, the May 8, 1993
Srebrenica and tepa. Agreement, the August 14, 1993 Mt. lgrnan
DMZ Agreement, the February 9, 1994 Sarajevo Airport Agreement,
the March 17, 1994 Agreement regarding the civilian traffic across the
Sarajevo Airport, the April 23, 1994 Goraide Agreement and the
August 14, 1994 Anti-sniping Agreement." (SJ1995J8,para. 6, pp. 4,
5, Annex No 141. p. 1074)
2.5.1.12. The said agreements confirm that the parties
mutually recognized each other the status of a party to the conflict.
2.6. Independence of the Republic of Srpska
2.6.1.1. There are convincing signs and manifestations of the
independence of the Republic of Srpska. Very early sign of the
independence of rnilitary forces of the Republic of Srpska is indicated
by the the Report of the Secretary-General pursuant to paragraph 4
of Security Council Resolution 752 (1992) of 30 May 1992. (SJ24049).
2.6.1.2. In connection with the withdrawal of the Yugoslav
People's Army from Bosnia and Herzegovina and the control of the
arrny of the Republic of Srpska, the Report of the Secretary-General
pursuant to paragraph 4 of Security Council Resolution 752 (1992) of
May 30 1992. (SJ24049)contains the following:
"8. Uncertainty about who exercises political control over the
Serb forces in Bosnia and Herzegovina has further complicated the
situation. The Bosnia and Herzegovina Presidency had initially been
reluctant to engage in talks on these and other issues with the
leadership of the 'Serbian Republic of Bosnia and Herzegovina' and
insisted upon direct talks with the Belgrade authorities instead. A
senior JNA representative frorn ~el~rade, General Nedeljko BoSkovic,
has conducted discussions with the Bosnia and Herzegovina
Presidency, but it has becorne clear that his word is not binding on
the commander of the army of the "Serbian Republic of Bosnia and
Herzegovina", General Mladic. Indeed, as indicated in paragraph 6 (b)
above, Serb irregulars attacked a JNA convoy withdrawing from a
barracks at Sarajevo on 28 May under arrangements neqotiated byGeneral BoSkovic. It also appears that the heavy shelling of Sarajevo
on the night of 28/29 May took place on the orders of General
Mladic in direct contravention of instructions issued by General
BoSkovic and the JNA leadership in Belgrade.
"9. Given the doubts that now exist about the ability of the
authorities in Belgrade to influence General Mladic, who has left JNA,
efforts have been made by UNPROFOR to appeal to hirn directly as
well as through the political leadership of the 'Serbian Republic of
Bosnia and Herzegovina'. As a result of these efforts General Mladic
agreed on 30 May 1992 to stop the bornbardrnent of Sarajevo. While
it is rny hope that the shelling of the city will not be resurned,
also clear that the ernergence of General Mladic and the forces
under his cornrnand as independent actors apparently beyond of JNA
greatly complicates the issue raised in paragraph 4 of Security
Council resolution 752 (1992). ~resident Izetbegovic has recently
indicated to senior UNPROFO R officers at Sarajevo his willingness to
deal with General Mladic but not with the political leadership of the
'Serbian Republic of Bosnia and Herzegovina'." (Sl24049, pp. 2-4,
Annex No 129) (underlined by the Respondent)
2.6.1.3. The Report of the Secretary-General pursuant to
paragraph 4 of Security Council Resolution 752 (1992) of 30 May
1992. (Sl24049) is very clear about "the ernergence of General
Mladic and the forces under his cornrnand as independent actors
apparently beyond of JNA". The Republic of Srpska has rnanifested
its independence in radical way by refusing to accept the Vance-
Owen Peace Plan.
2.6.1.4. The Presidents of the FR of Yugoslavia, the Republic
of Serbia and the Republic of Montenegro, (D. Cosic, S. MiloSevic
and M. Bulatovic sent on 24 April 1993 a message to the delegates
of the Assembly of the Republic of Srpska concerning the acceptance
of the Vance-Owen Peace Plan, requesting thern to accept the Peace
Plan. (The text of the message is reproduced below in para 3.5.1.1.
of the Counter-Memorial)
2.6.1.5. At the session of the Assernbly of the Republic of
Srpska in Bijeljina on 25 April 1993, the President of the FRY, Mr
Cosic, the President of the Republic of Serbia, Mr. MiloSevic and the
President of the Republic of Montenegro, Mr. Bulatovic, requested the
Assernbly to accept the Vance-Owen Plan. The Assernbly, however,
rejected the Plan. (Plan nije prihvacen, sankcije pooStrene /Plan Not
Accepted, Sanctions Tightenedl Politika 27 April, 1993, Annex No
142, pp. 1076-1083). 2.6.1.6The IVational Assembly of Serbia made an appeal to
the Assembly of the Republic of Srpska to accept the Vance-Owen
Plan. (I.P. ApelSkupStini RS da preispita odlukO planu Vensa i
Ovena IAppeal to the: Parliament of the Serb Republic to Reconsider
Its Decision on the Vance - Owen Plan1 Politika,29 April,1993,
Annex No 143,pp. 1084-1085).
2.6.1.7.After the meeting between the President of the
Republic of Serbia,Mr.MiloSevic, the President of the Republic of
Srpska, Mr. Karadiic, and the President of the Assembly of the
Republic of Srpska, Mr. KrajiSnik, the decision was made for the
Assembly of the Republic of Srpska tomeet again on 5 May 1993,
to reconsider the Plan in the light of the new circumstances related
to the specification of the status of the corridors which link parts of
the Republic of Srpska in eastern and western Bosnia. (SkupStina
Republike Srpske ponovo 5. maja IAssembly of the Bosnian Serb
Republic Reconvenes on 5 May IPolitika 30 April,1993,Annex No
144. pp.108610187).
2.6.1. 8.e Assembly of the Republic of Srpska met at Pale
on 5 May 1993.The President of the FRY, ~r.cosic, the President of
the Republic of Serbia, Mr.MiloSevi and the President of the
Republic ofMontenegro, Mr. Bulatovic, the President of the Republic
of Srpska, Mr.Karadpic, as well as the Prime Minister of Greece, Mr.
Mitzotakis, recommended the endorsement of the Plan and made an
effort to reassure the delegates to accept it. The Assembly, however,
decided to announce a referendum on15 and 16 May 1993,at which
the citizens of the Republic of Srpska would directly express their
opinion on the Peac:e Plan. (Nije prihvacen mirovni plan Vensa i
Ovena za BiH Nance - Owen Peace Plan for Bosnia-Herzegovina
Not Accepted 1 Politik6aMay 1993, P.nnex No 145,pp. 108810189).
2.6.1.9The Security Council by its Resoluti820 (1993) of
17 April1993:
"Decides that the provisions set forth in paragr12hto30
below shall, to the extent that they establish obligations beyond those
established by its earlier relevant resolutions, corne into force nine
days after the date of the adoption of the present resolution unless
the Secretary-General has reported to the Council that the Bosnian
Serb party has joined the other parties in signing the peace plan and
in implementing it and that the Bosnian Serbs have ceased their
military attacks"...
2.6..IO.The message addresed to the Republic of Srpska
was extremely clear. If within the fixedime-limit the Republic of
Srpska fails to not accept the Vance-Owen Peace Plan, the most
severe measures ever ordered by the Security Council will beintroduced against the FR of Yugoslavia, the Republic of Srpska and
the Republic of Srpska Krajina. In spite of this, the organs of the
Republic of Srpska refused to accept the said Plan and the measures
of the Security Council were imposed.
2.6.1.11. Is it possible that anyone my have any doubt
whether the FR of Yugoslavia has done al1 in its power to persuade
the Republic of Srpska to accept the Vance-Owen Peace Plan.
However, the Republic of Srpska refused. Could be a clearer
manifestation of the independence of the Republic of Srpska? The
theory of the Applicant to the effect of the Republic of Srpska being
"agents and surrogates" of the Respondent is not grounded on facts
and is unreasonable.
2.7. Recognition of the Legitimacy and Legality of Creation
of the Republic of Srpska
2.7.1.1. The Republic of Bosnia and Herzegovina and the
international community have recognized the legitimacy and legality of
creation of the Republic of Srpska. By the Constitution of Bosnia and
Herzegovina, contained in Anex 4 to the General Frarnework
Agreement for Peace in Bosnia and Herzegovina, initialled in Dayton
(Ohio) on 21 November 1995 and signed at Paris on 14. decembra
1995, the Serbs, the Muslims and the Croats are qualified as the
constitutive peoples of Bosnia and Herzegovina. It satisfied the
demand of the Serbs not to be an ethnical or religious minority in
Bosnia and Herzegovina. (the Muslims changed their narne into
Bosniacs). (General Framework Agreement for Peace in Bosnia and
Herzegovina, Annex 4, Al50l790, Sl19951999, Annex No 146, pp.
1090-1106)
2.7.1.2. Para 3 of Article I of the Constitution provides for:
"Bosnia and Herzegovina shall consist of the two Entities, the
Federation of Bosnia and Herzegovina and the Republic of Srpska ..."
The Republic of Srpska is recognized explicitly as a separate
entity.
2.7.1.3. According to para 2 of Annex to the said General
Frarnework Agreement:
"All laws, regulations, and judicial rules of procedure in effect
within the territory of Bosnia and Herzegovina when the Constitution
enters into force shall remain in effect to theextent not inconsistent
with the Constitution, until othetwise deterrnined by a competent
governmental body of Bosnia and Herzegovina." 2.7.1.4. According to para. 1 of Article III of the Constitution
of Bosnia and Herzegovina "the following matters are the
responsibility of institutions of Bosnia and Herzegovina: a) Foreign
policy, b) Foreign trade policy, c) Customs policy, d) Monetary policy
as provided in Article VII, e) Finances of the institutions and for the
international obligations of Bosnia and Herzegovina, f) Immigration,
refugee, and asylum policy and regulations, g) International and inter-
Entity criminal law enforcement, including relations with Interpol, h)
Establishment and operation of common and international
communications facilities, i) Regulation of inter-Entity transportation, j)
Air traffic control.
And "al1 governmental functions and powers not expressly
assigned in this Constitution to the institutions ofBosnia and
Herzegovina shall be those of the Entities."
2.7.1.5. The entities have gained broad competences which is
an essential condition for the entities to ensure their safe political,
economic and cultural development. Each entity has preserved its
armed forces and police. Besides, "the Entities shall have the right
to establish special parallel relationships with neighboring States
consistent with the sovereignty and territorial integrity of Bosnia and
Herzegovina."(para. 2(b) of Article III of the Constitution).
2.7.1.6. In this a way al1 the basic political demands of the
Serbs in Bosnia and Herzegovina have been met. The Serb
Democratic Party of Bosnia and Herzegovina set out very similar
requests at the end of 1991. Had they been agreed to other two
parties at that time, as it was the case in Dayton (Ohio), the civil war
would be averted.
.li
2.7.1.7. By Para. 1 of Article III of the Agreement on the
Military Aspects of the Peace Settlement, contained in Annex 1-A to
the General Framework Agreement for Peace in Bosnia and
Herzegovina, provides for:
"All Forces in Bosnia and Herzegovina as of the date this
Annex enters into force which are not of local origin, whether or not
they are legally and military subordinated to the Republic of Bosnia
and Herzegovina, the Federation of Bosnia and Herzegovina, or
Republika Srpska, shall be withdrawn together with their equipment
from the territory of Bosnia and Herzegovina within thirty (30) days."
(General Framework Agreement for Peace in Bosnia and
Herzegovina, Annex 1-A, Article 3, A/50/7'90, Sl19951999, Annex No
147, p. 1108)
2.7.1.8. By this provision the legitimacy and legality of the
military forces of the Republic of Srpska, formed in May 1992 hasbeen accepted. lnvoking this provision some foreign govermments
requested the withdrawal of the lslamic holly warriors- mujaheddins
from Bosnia and Herzegovina. Nobody asked that the JNA or the
Yugoslav Army should be withdrawn from Bosnia and Herzegovina by
the simple reason: there were no units or members of the Yugoslav
Army on the territory of Bosnia and Herzegovina.
Section 2 Reasons Underlying the Founding of the Republic of
Srpska
2.8. The anxiety of the Serbs Coused by the Strengthening
of Elernents of Radical lslarnisrn in Bosnia and
Herzegovina
2.8.1.1. The Muslim Party of Democratic Action (hereinafter:
SDA) was founded in Sarajevo on 26 May 1990. The founders of the
Party were, among others Alija Izetbegovic, Omer Behmen, Hasan
Cengic, Edhem BiEakEic, Husein fivalj and lsmet Kasumagic. All
these gentleman were sentenced by the competent court in Sarajevo
for their illegal activitiesassociated with preparations for the
transformation of civil society of Bosnia and Herzegovina into
religious lslamic society, which was in contradiction with the
Constitution of the SFRY.
2.8.1.2. On 14 March 1994, the Supreme Court of Bosnia and
Herzegovina, adjudicating on the appeals of the accused, pronounced
guilty and sentenced Alija Izetbegovic, Omer Behmen, Hasan Cengic,
lsmet Kasumagic, Ehem BiEakCic, Huso fivalj, Salih Behmen,
Mustafa Spahic, Diemal Latic, Melika Salihbegovic and Dervis
Djurdjevic. the Supreme Court pronouncedAlija lzetbegovic and Omer
Behmen guilty of:
"At the beginning of 1974, after having discussed on several
occasions in the previous years the need for engagement on the
realization of the lslamic revival and lslamization of Muslim in out
country, and on choosing the most suitable way of their achievement,
they agreed that these objectives should be first elucidated with
written word, with texts that would win over a wider circle of people
to the cause and get them to take part in joint activity; also, after
Alija lzetbegovic- taking into account the suggestions and remarks of
Omer Behmen - drew up the text of the "lslamic Declaration"
considering that such a text, in the form of a cal1or manifesto, wouldbe the most efficient way of awaking the lslamic consciousness of
individuals and that it would encourage the process of lslamic revival
as they understood it - at presented the text of the "lslamic
Declaration" to Omer Behmen, Hasib Brankovic and ESref Avdagic, in
the "Preface" of which it is pointed out that it (the Declaration) is
addressed to Muslim who know where they belong and who strongly
feel in their heart which side they are on; That the "Declaration"
constitutes a cal1 on them to draw necessary conclusions as to the
obligations deriving from this devotion and affiliation; also, that the
new element in the Declaration is the appeal to pass from ideas to
organized actions for their realization; in the final text of the
"Declaration", "lslamization of Muslim" is pointed out as its goal and
"Believe and fight" as its motto; the creation and rallying of a new
intelligentsia is stressed as the only way out of the present situation
for Muslim; it is raised the flat of lslamic order and, together with
Muslim masses, initiated action for its realization; the following is set
forth as the basis of the lslamic order and revival.
"- History knows of no fundamental movement that was not a
political movement at the same time. The reason for that is that
lslam is a religion but also a philosophy, an ethic, a milieu, in a
nutshell, a way of life".
"- The lslamic order is a unity of faith and politics".
"- The first and the most important conclusions is definitely
the one about the incompatibility of lslam and non-lslamic systems.
there can be no peace or coexistence between lslamic faith and
non-lslamic social and political institutions".
"- Claiming for itself the right to regulate its own world, lslam
clearly rules out any right or possibility of action of any foreign
ideology on its turf. Consequently, there is no room for the laic
principle and the State should be an expression of the moral
concepts of religion and supportive of them".
"- lslam cannot accept the division and grouping of people
according to external, objective criteria such as the class criterion".
"- lslam order is a unity of faith and the socio-political
system".
"- lslamic revival cannot be initiated without a religious
revolution just as it cannot be continued and succefully completed
without a political revolution".
"- In our religious rebirth rneans "lslamization" of the people
regarding themselves Muslim or those who are regarded so by
others".
"- Emphasizing as a priority religious and moral revival does
not imply nor can it be interpreted to imply that lslamic order can be
achieved without lslamic rule. This stand only means that Our road
does not proceed from the conquering of power, but rather from the
conquering of people, and that lslamic revival is primarily a revolutionin the field of education and only after that in the field of politics.
Therefore, we must be preachers first and then soldiers".
"- The lslamic movement should and can proceed to the
taking over of power as soon as it is morally and numerically strong
enough not only to overthrow the existing, non-lslamic rule, but also
to develop a new lslamic rule".
"- Under the present circumstances this aspiration means the
creation of cilarge lslamic federation ... this vision upsets the kind of
people around us who cal1 or regard themselves as realists but that
is one inore reason for us to accentuate Our goal even more clearly
and strongly".
"- Who will carry out this transformation and how".
"- The young generation will be able to carry out its task of
transformation only if its aspirations and idealisrn assume the shape
of and organized movement in which enthusiasm and individual
virtues will go hand in hand with rnethods of coordinated and
concerted taking of action. The establishment of this movement with
a sole basic objective and programme has proven and indispensable
precondition and a starting point for the revival of any Muslim
country. This movement will rally the qualified, educate the
unqualified, bring up and cal1 on, define the objectives and find ways
and means of attaining thern. It will bring life, thought and action
wherever it takes root. It will become the conscience and willpower of
a world awaken after a long and deep sleep".
"- Addressing this message to al1the Muslirns the world over,
we point out clearly that there is no promised land, nor any
magicians nor mehdis. There is only one path, the path of work,
struggle and sacrifice".
"- this text of the "Declaration" - with the aim of counter-
revolutionary endangerment of the social order of the SFRY, and with
the intention of creating a group of like-minded persons in the country
in order to bring the social system into jeopardy through counter-
revolution in accordance with the manner and goals expounded in the
"Declaration" - was circulated in the period from 1976 to 1983 to a
considerable number of Muslim intellectuals in Bosnia and
Herzegovina for reading and use.
(...........)
"- !n the summer of 1981 in Sarajevo, they had agreed that
Omer Behmen should draw up a text addressing the question of
"Muslims in Yugoslavia", which was to serve as a basis for the
preparation of a book at a later stage. Omer Behmen wrote such a
draft entitled "Muslims in Yugoslavia" and, at the request of Alija
lzetbegovic ... gave hirn the text, whereupon Alija Izetbegovic
considerably arnended i..., so that, in the text, "Muslims in
Yugoslavia" pointed out:.. that the Muslims in Yugoslavia regard the
lslamir revolution in Iran as their own and as the beginning of a
genuine revival, as well as that this attitude determines who is atrue Muslirn; they particulary pointed out that the victory of lran and
the lslamic revolution in the lran -Iraq war and the overthrow of the
corrupt regimes in rieighbouring countries would constitute a great
encouragement to the Muslims in Yugoslavia, that in this way they
would turn a new page of their history".
"- In the period from 1978 to 19781 in Sarajevo, they
contacted several ti~mes Hasan Cengic, student of the lslamic
theological Faculty and head of the TabaCki mescit debating club,
supplied him with the texts for the preparation of lectures and
discussion in the T'abaCki rnescit; Omer Behmen gave him the
"lslamic Declaration" for reading and Alija Izetbegovic, in conversaiion
on a number of occ:asions, drew his attention to the possibility of
lslamic revival in Our country...
"- On 2 December 1982, after Edhem BiCakCic accepted in
November the proposal of Omer Behmen to travel to a foreign
country with a group, he and Alija Izetbegovic left for Vienna where
they planned to coritact the embassy of that foreign country and
agree on the timing and details of a secret trip of a group of Muslim
nationalists-intellectuals from Bosnia and Herzegovina to that foreign
country, at the expense of the embassy of that country in Vienna ...
"- Omer Behlmen, lsmet Kasumagie, Hasan Cengic, Edhem
BiCakCicand Huso fival...
"ln the period from 2 to 14 January 1983, during the stay in
that foreign country., in contacts with the representatives of its
authorities, with revolution acitivists and the guests of the Congress
of Unification of the "Shiites and Sunnites", they misrepresented the
status of the Muslims in the SFRY claiming that believers were in an
unequal position; on '7 January 1983, preparing for a meeting with the
official representative of that foreign country in the hotel room of
Omer Behmen in the capital of that foreign country, they agreed
about the contents 011their meeting with him, i.e. Omer Behmen was
of the opinion that it was essential to initiate the conversation by
expressing their interest in being familiarized with the view of the
government of that foreign country of its embassy in Vienna; lsmet
Kasumagic pointed out that they should tell that representative that,
in developing econornic cooperation with the SFRY, his government
should request that cvork organizations from Bosnia and Herzegovina
should be included and that these work organizations should be
selected because they employ large numbers of Muslims in Our
country and that, in this regard, oil could also be used by that
country as a suitable means in the realization of that goal...
"Alija Izetbegovic
"Frorn the beginning of 1979 to 1983 and, in particular in the
course of 1982 in Sarajevo, on the occasion of meeting in the street,
in the work organization and on the occasion of social calls, pointed
out several times to lsmet Serdarevic that it was necessary to workon creating conditions for Bosnia and Herzegovina to becorne an
lslarnic republic with lslarnic laws in the future...
"Hasan Cengic
"ln the period frorn 1979 to May 1981 in Sarajevo, as a final
year student of the Muslirn theological school Medrese, as a student
of the lslarnic theological Faculty of the TabaEki rnescit, during
classes of individuals teachers, in the Medrese hall of residence, in
the prernises of the faculty, in written lectures ...during strolls and in
conversation, kept pointing out the need for lslarnization of Bosnia
and Herzegovina and argued:
(..........).
"- that the objective of the lslarnic revolution in Our country is
to create a unified lslarnic State that will include the areas of Bosnia
and Herzegovina, Sandjak and Kosovo,
"- that "Jihad" should be waged to the bitter end, ernphasizing
in particular that: "it is not necessary to wait for a challenge or
cause. Muslirns must invent a challenge. It is they who rnust invent
the challenge and the goal will corne by itself.
(..........1.....
"- that Muslirns rnust stand opposed to al1 non-Muslirns and
cornrnunists,
(..........1.....
"- that Muslirns rnust be prepared for self-sacrifice in order to
achieve their goals.
(..........1.....
"- that the Koran ayet (verse) "Believers, do not befriend non-
believers" and the verse "Believers be not friends even with your
fathers or your brothers if they like faithlessness better than faith"
should be observed and that rnuslirns massesshould be educated to
adopt the following attitudes: do not greet non-believers, kill a non-
believer, and non-believers are those who are not Muslirns; he also
argued against rnarriage with a non-Muslirn female or non-Muslirn
male because such rnarriages contribute to the assimilation and
destruction of the Muslirn people,
(..........).....
"- that a Muslirn wornan rnust not breastfeed the child of a
non-Muslirn woman nor should the latter breastfeed a Muslirn child;
that a Muslirn rnust not receive the blood of a non-believer-blood-
donor nor rnust he give the latter his own blood; that Muslirn rnust be
superior to al1others and that efforts should be made to create a 100
per cent Muslirn milieu,
"Meliùa Salihbegovic
"- cornrnenting on the Iran-Iraq war, pointed out that the
history of Islam was blood-soaked and that out of that war world-wide
lslarnic State was going to ernerge, extending frorn Teheran to
Slavonski Brod, that it will comprise Bosnia and Herzegovina, Kosovo
and other areas of Our country in which Muslirns live. (PresudaVrhovnog suda Bosrie i HercegovineISupreme Court of Bosnia and
Herzegovina, Judgernent ~f. 1208183, Sarajevo, 14 March 1984,
Annex No 148, pp. 1109-118311 184-1187)
2.8.1.3. It was not the first time that Alija lzetbegovic was put
to trial for activities associated with religious radicalism. He had also
been brought for trial immediately after the end of the Second World
War because of simillar activities as a member of the Young Muslims
organization.
2.8.1.4. Alija lzetbegovic was elected President of the Party of
Democratic Action arid Omer Behmen was elected its Vice-President.
After the proclamation of the indepedence of Bosnia and Herzegovina
O. Behmen was appointed its Ambassador to Iran. There are some
reasons to believe that Hasan Cengic was involved in the illegal
import of weapons from Iran.
2.8.1.5. During the trial in Sarajevo in 1983, Alija lzetbegovic
confirmed that, among others, Elfatih Hassanein was a good friend of
his. lzetbegovic met Hassanein when the latter was a medical student
in Belgrade in 1970. In 1987, Elfatih Hassanein, together with his
brother Sukarno, founded the Third World Relief Agency. "Western
officials Say the original purpose of the organization was to
encourage the rebirth of Islam in Eastern Europe and the then-Soviet
Union ...His agency received the official backing of the Bosnian
government and by late 1992 had opened offices in Sarajevo,
Budapest, Moscow and Instanbul ...The agency's first large operation
came to the attention of Western intelligence agencies in September
1992, when Soviet-built transport planes began arriving in Maribor,
Slovenia, from the Sildanese capital, Khartoum. While the cargo was
marked humanitarian aid, it contained more than 120 tons of assault
rifles, mortars, mines and ammunition, intelligence sources said."
(...........)
"Hassanein, identified by Western sources as a member of
Sudan's ruling National lslamic Front, built his arms smuggling
operation with lslamic activists from Bosnia who, like him, had ties to
Izetbegovic, the Bosriian president. Several of these men now hold
senior positions in the Bosnian governement and, according to U.S.
officials, they form the core of a radical lslamic movement that has
resisted U.S. attempts to exert influence over the army and security
services." (John Pomfret, How Bosnia's Muslims Dodged Arms
Embargo, The Washington Post, 22 September 1996, Annex No 149,
pp. 1188-1193)
2.8.1.6. The Egyptian "Al Watan Al Arabi" writes the same
thing referring to American sources and using slightly changed
names: "The disappointing and alerting point of al1 is Mr. Ezzatbigovic
assignment of Mr. Hassan Gicinic. The man is considered by
Americans as funadamentalist, and he was nominated to lead the
Bosnian side of the American-Bosnian joint committee concerned with
coordinating the American Program of equipping and training the
Bosnian Army. Mr. Hassan's name was mentioned in an American
report as being the principal Bosnian official, who was in charge for
shipping weapons to Bosnia, most of which from Iran. The cited
report pointed out that Mr. Gicinic is only one among a number of
fundamental Moslem renowned officials. They are presently occupying
the highest military and government ranks in Bosnia. Those officials
relations with an agency named in the report
are quoted as having
as the 'International Relief Agency'. The report attributed the Agency
of having 'links with fundamental group and governments in the
Middle East.'
"The report went further to define those officials role as being
a part of 'Islamic fundamentalists responsible for maintaining Bosnia's
contacts with other fundamentalist States and authorities in the
territory.' Those men shaped a cell 'accountable for promoting Bosnia
to the most extreme fundamentalism in the Middle East in the long
run' the American report added." (Al Watan Al arabi, 4. October 1996,
p. 22-23, Annex No 150, pp. 1194-1203) It is obvious that "Hassan
Gicinic" stands for Hasan Cengic and "Ezzatbigovic" stands for
Izetbegovic.
2.8.1.7. In the course of October 1996, the United States of
America decided to postpone the delivery of heavy weaponry to the
Federation of Bosnia and Herzegovina under the programme "equip
and train" making the delivery conditional on the withrawal of Hasan
Cengic from the post of Deputy Defence Minister of the Federation.
(Michael Dobbs, Dispute Holds Up Arms Shipment to Bosnia,
Washington Post, 24 October 1996, Annex No 151, p, 1204; Christine
Spolar, S-Bosnian Dispute Delays the major Arms Delivery, The
Washington Post, 27 October 1996, Annex No 152, 1205; Philip
Smucker, U.S. 'Meddling' Grating on Bosnia, Deputy Defence Minister
Seen tied To Iran; Americans Want Him Out, The Washigton Times,
3 November 1996, Annex No 153, p. 1206-1207)
2.8.1.8. Unfortunately, it seems that the Serbs in Bosnia and
Herzegovina had good reasons to believe that the Muslim Party of
Democratic Action (SDA) intended to use the opportunity created by
the secessions of Slovenia and Croatia from the SFRY to transform
the Bosnian civil society into a religious lslamic society. The Muslim
leaders whose old dream was the introduction of their lslamic style of
life in Bosnia and Herzegovina came to power in Bosnia and
Herzegovina. 2.9. "There can be no peace or coexistence between
'lslarnic faith ' and 'non-lslarnic' social and political
institutions"
2.9.1.1.The policital - religious programme of the said group
was prepared by Alija Izetbegovic and, entitled the lslamic
declaration, it was illegally published and distributed among the
Muslims in Bosnia and Herzegovina in 1970. (Integral text of the
"lslamic Declaration" in both versions (1970 and 1990) (Alija
Izetbegovic, Islamsk.a deklaracija tekst iz 1973. godine, lslamska
deklaracija, Bosna, Sarajevo, 1990.1 lslamic Declaration, Annex No
154, pp. 1208-1238, 1239-127011271-1334)
2.9.1.2. One of the most important concepts presented by A.
lzetbegovic in the "lslamic Declaration" is the unity of religion and
politics. Proceeding 'from this concept, lzetbegovic arrives at his "first
and most important conclusion". The third paragraph of the "lslamic
Declaration", under tlie heading "lslam is not only a religion", reads:
"The first arid the most important of these conclusions is
definitely the one about the incompatibility of lslam and non-lslamic
systems. There caii be no peace or coexistence between the
"lslarnic faith" and "non-lslarnic" social and political institutions.
The failure of these institutions to function and the instability of
regimes in Muslim countries, manifested in frequent changes and
coups d'etat are as a rule the consequence of their a priori
opposition to lslam as the fundamental and guiding feeling of the
people in these couritries. Clairning for itself the right to regulate its
own world, Islam cllearly rules out any right or possibility of action
of any foreign ideology on its turf. Narnely, there is no roorn for
the lay principle aiid the state should be an expression of the
moral concepts of religion and supportive of thern." (Bold type is
ours)
2.9.1.3. After coming to power lzetbegovic changed his
phraseology but WaSinot convincing enough for the Serbs in Bosnia
to accept it. Despiite a change of rhetoric Izetbegovic and his
associates have never even tried to conceal that peace was not of
the ultirnate value to them. They are particularly skillful in
continuously inventing reasons for a "just or defensive war" At first it
was the safeguarding of a united and sovereign Bosnia and
Herzegovina; then it was demand for the delivery of "war criminals" to
the International Tr~ibunal in the Hague or demand that Muslim
refugees return to the Republic of Srpska. Underlying these demands
is the obvious aspiration towards establishing through war Muslim rulein Bosnia and Herzegovina, which is the condition of transformating
bosnian society into areligous lslamic society.
2.9.1.4. Before the first multi-party elections, SDA leaders did
not Say much about the future organization of the SFRY and the
Socialist Republic of Bosnia-Herzegovina. However, Mr lzetbegovic
said at a meeting of his party in Banja Luka that he would defend
Bosnia's unity with force. (D. Kecman, Branicemo Bosnu i silom Mle
Shall Defend Bosnia with Force Too if Need Bel Politika, 9 July
1990, Annex No 155, p.133511336)
2.9.1.5. At the session of the Socialist Republic of
Bosnia-Herzegovina's Assembly, held on 27 Februar 1991, Alija
Izetbegovic said that he "would sacrifice peace for a sovereign
Bosnia-Herzegovina, but would not sacrifice its sovereignty for peace."
(M. Caric, SDA je konaCno obelodanila svoje prave namere ISDA
Has Finally Revealed Its True Intentions1 Politika, 1 March 1991,
Annex No 107, M. Caric, Koga lzetbegovi moie da zastupa u
PredsedniStvu SFRJ Mlhom Can lzetbegovic Represent in the
Presidency of the SFRYI Politika, 1 March 1991, Annex No 108, D.
Kecman, Frapantne metamorfoze A. lzetbegovica /The Amazing
Metamorphoses of A. Izetbegovicl Politika, 1 March 1991, Annex No
109)
2.9.1.6. Alija Izetbegovic saidin an interview in "Der Spiegl"
in July 1991: "If Bosnia-Herzegovina is divided there will certainly be
a civil war which will be impossible to bring to an end." (Jeder
kampft gegen jeden IEveryone Fighting against Everyone Elsel Der
Spiegel, 22 July 1991, Annex No 156, pp.1337-133811339)
2.9.1.7. At the end of a visit to the USA on 31 July 1991, Mr
Izetbegovic said that a conflict could occur between the Serbs and
the Croats, and that the Muslims would in that case support the
Croats. (U sluEaju sukoba Muslimani uz Hrvate IMuslims will Side
with Croats in Event of Conflictl Politika, 1 August 1991, Annex No
157, pp. 134011341)
2.9.1.8. At an SDA press conference in Sarajevo on 2
October 1991, lrfan Ajanovic, Vice President of the Assembly of the
SFRY and one of the leaders of this party, and Muhamed Cengic,
B-H Vice Prime Minister and also one of the SDA leaders announced
a terrible war in B-H. They confirmed that the Muslems in B-H were
being armed. (Mirko Caric, "Ajanovid i (Zengic grubo vredjaju JNA"
IAjanovic and (Zengic Rudely lnsult JNAI Politika, 3. October 1991,
Annex No 158, p. 134211343) 2.9.1.9A..lzetbegovic said in Tehran that Bosnian Muslirns
would not abandon their original demands and would step up their
struggle until their expectations were fulfilled. He said that there could
be no peace in Bosnia until the demands of Muslims were met. He
invited lslarnic countries to support Muslims more actively and to
bring pressure to bear to end the "Serb aggression".
2.9.1IO.During the 1996 election carnpaign there were calls
for a new war. These were the words pronounced by A. lzetbegovic
when addressing M~islirns in Goraide on4 May 1996.Quoted by
Bosnian radio, monitored by theBBC, Izetbegovic said"...we will
return to al1the places they have expelled us frorn and Our struggle
will not be over until the whole of Bosnia free. Our children will
liberate the whole of Bosnia". These were the words pronounced by
A. Izetbegovic when addressing Muslims inoraide on 4 May 1996.
(Our Children will Liberate the Whole of Bosnia, lzetbegovic Vows,
Iran News,6 May 1996,Annex No 159,p. 1344)
2.9.1.1.At a rally of the Party of Democration Action24n
August 1996 during the election ccampaign Imam Diernal Gadara
said: "The Koran is our constitution. Jihad is Our path, Our greeting".
("Bosnie: appel au djihad", DNA, Strasbou25.August 1996, Annex
No 160,p. 1345)
2.9.1.1 2fter the succeful conclusion of the negotiations on
the reduction of armaments in accordance with the obligations
contained in the relevant annexes to the General Framework
Agreement for Peacis in Bosnia and Herzegovina "the Muslirn-led
Bosnian government refused to sign the treaty in protest against the
treatrnent of Republic of Srpska as an equal partner. Observers said
the dispute over ari agreement which had largely been agreed
reflected the Sarajevo governrnents's deep reluctance to accept the
principle that the Serbs should have their own area within Bosnia,
enjoying wide-ranging self-rule." (Bosnia falls short of Dayton terms,
Financial Times12 June 1996, Annex No 161, p.1346)
2.9.1.13.The election slogan of the Party of Dernocratic
Action was. "ln Our country, with Ourreligion". In this regard The
Sunday telegraph observes: "Four years ago Muslirn leaders sold
Today they
Bosnia to the West i3sa champion of ethnic pluralisrn.
are striving to forgestate that puts one nationality and one religion
before al1others." ("Hardline Islam takes root in the new Bosnia", The
Sunday Telegraph, 18August 1996, Annex No 162, p.1347)
2.9.14.1Chris Hedges reported: "Campaign rallies by Bosnia's President, Alija Izetbegovic, are
not designed to alleviate the fears of those who believe he wants to
set up a Muslim state.
"Before a rally on Saturday at this remote mountain pass
about 40 miles south of Sarajevo, a crowd of some 10,000 people
was treated to lilting religious music filled with Koranic verses. The
event opened with prayers by an Imam. The white-clad soldiers of
the Bosnian Army's 7th Brigade, many wearing green head bands
with Koranic slogans that signalled their readiness to die for their
faith, chanted 'God is Great' -drowning out the speeches by military
commanders.
"And Mr. lzetbegovic himself issued a cal1 to arms filled with
promises never to forget the sacrifice of the 'martyrs' who died here
or to forgive 'the criminals who tried to wipe our country off the map'.
(.........)
"This is not peace, but the absence of war. When the Serbs
signed the Dayton agreement they were required to let our people go
home, and if they do not abide by this agreement I will make sure
that their Republic of Srpska is abolished.
(........)..
"Perhaps the most telling detail of the campaign rally on
Saturday was the presence of the lranian Ambassador and his
Bosnian and lranian bodyguards, who sat in the shadow of the huge
birchwood platform, mounted with two stacks of powerful speakers,
from which the President addressed the crowd. As the only foreigner
travelling in the President's heavily guarded motorcade of bulky four-
wheel drive jeeps, he lent a silent lslamic imprimatur to the event,
one that many American and European supporters of the Bosnian
Government are trying hard to ignore or dismiss.
"'If you read President Izetbegovic's writings, as I have, there
is no doubt that he is an lslamic fundamentalist' said a senior
Western diplomat with long experience in the region: 'He is a very
nice fundamentalist, but he is still a fundamentalist. This has not
chariged. His goal is to establish a Muslim state in Bosnia, and the
Serbs and the Croats understand this better than the rest of us."'
(Chris Hedges, Islam at Election Rallies, The New York Times, 2
September 1996, Annex No 163, pp. 1348-1349)
2.9.1.15. "Bosnian officiais have said they reserve the right to
go back to war if the Serb side refuses to fulfil its part of the Dayton
agreement by allowing refugees to return."(Laura Silber, Bruce Clark,
Concern Over Arms Delivery to Bosnia, The Financial Times, 25
October 1996, Annex No 164, p. 1350)
2.9.1.16. By the Letter of 3 February 1997, Muhamed
Sacirbey, Permanent Representative of Bosnia and Herzegovina tothe United Nations sent to the President of the Security Council the
following:
"If refugees and displaced persons cannot return freely and in
safety, the peace process cannot survive. This is the heart of a
lasting peace as well as being critical to those countries anxious to
see Bosnian refugees returning."(Letter of 3 February 1997 from the
Permanent Representative of Bosnia and Herzegovina to the United
Nations addressed to the President of the Security Council,
S11997199,3 February 1997, Annex No 165, pp. 1351-1352)
2.9.1.17. The demand for the return of refugees is legitimate
and legal. However, there are two things that make questionable the
justification of this demand when itcomes from the Muslim authorities
in Bosnia and Herzegovina. The Muslim authorities seem to be solely
interested in the return of Muslirn refugees to the territory of the
Republic of Srpska. In fact, these authorities have done nothing to
prevent the expulsion of Serbs from Sarajevo after the coming into
force of the General Framework Agreement for Peace in Bosnia and
Herzegovina initialled in Dayton (Ohio) on 21 November 1995 and
signed at Paris on 14 December 1995. After Dayton they do not
seem to be interested in a multi-ethnic and rnulti-cultural Bosnia and
Herzegovina on its entire territory but only on the territory of the
Republic of Srpska. If the multi-ethnic character of Bosnia and
Herzegovina is to be preserved then the return of refugees cannot be
realized by the use of force but by establishing mutual confidence
and tolerance.
2.9.1.18. "The Serb Civic Council of Bosnia and Herzegovina
communicated that 37 Serbs families were evicted from their houses
and flats in Sarajevo suburbs, Radio France International reported
today. Also, after an incident which took place in IlijaS on 13 June,
22 persons left a local community for good and 25 cases of persons
brutally beaten up were reported, it is said in the Serb Civic Council
communique. Therefore, the Serb Civic Council demands that the
President and vice-Piesident of the Muslim-Croat Federation, KreSimir
Zubak and Ejup Ganic, as well as Minister of Police Avdo Hebib take
measures without delay to ensure the personal security of the
remaining Serb population and the safety of their property, RF1
reported in a programme broadcast in the Serbian and Croatian
languages". (Iz kuca i stanova izbateno 37 srpskih porodical37 Serb
families evicted from their houses and flats, NaSa Borba 20 June
1996, Annex No 166, p.. 135311354)
2.9.1.19. "Thc: spokesman of the UN police in Sarajevo,
Alexander Ivanko, said yesterday that 70 Serbs had left the city
because of harassrnent and that the UN fears that there could be
new departures of Serbs. lvanko said that the exodus of new dozensof Serbs could be expected because of eviction from their homes and
harassment.
"The situation continues to be tense. We have reports that
due to harassment 22 persons left Blaiuj and 50 persons left
VogoSca and that a large number of people intend to leave llidia
unless the situation improved", said Ivanko.
His statement followed after a report on the growing number
of attacks on 8 000 Serbs remained in Sarajevo after the Serb-
controlled municipalities of Sarajevo came under the control of the
Federation of Bosnia and Herzegovina last March.
"The UN receive worrying reports about pressures brought to
bear on members of the Democratic initiative for Sarajevo, the only
organization which is trying to protect the Serbs in these areas" said
Ivanko. He said that a mine was planted in front of the house of one
of the members of the Democratic initiative as well as that the police
were checking for several hours the cars of the members of that
organization. lvanko called upon the authorities of the Federation of
Bosnia and iierzegovina to do al1 in their power to protect the
remaining Serbs and their organization". (Novi egzodus Srba iz
SarajevaINew Exodus of Serbs from Sarajevo, NaSa Borba, 22-23
June 1996, Annex No 167, p. 135511356).
2.9.1.20. "National intolerance continues to prevail in Sarajevo
where an increasing number of Serbs are being harassed in the
suburbs which came under the control of the Muslim-Croat Federation
in March. The representative of the UN Alexander Ivanko, said that
the whole "families were threatened with killing unless they leave the
area" and added that "people are beaten up, as well as that a 30-
year old woman was killed two weeks ago ". According to him there
is violence in this.
About 70,000 Serbs left the Sarajevo suburbs and between
8,000 -10,000 Serbs rernainedbecause they believed the guarantees
offered at that time by the government in Sarajevo. "These promises
have proved fallacious" said Ivanko. "We consider that the Bosnian
goverment is doing absolutely nothing to stop the maltreatment of
Serbs", he said, adding that "no special efforts are necessary for
that". (Nastavlja se maltretiranje preostalih Srba u
SarajevuIMaltreatment of Serbs in Sarajevo Continued, NaSa Borba,
18 July 1996, Annex No 168, p.135711358).
2.9.1.21. "The representative of IPTF in Zvornik, Charles
Hays, said earlier today that armed Muslim civilians in the villages of
Mahala and Dugi Do, municipality of Zvornik, are led by Naser Oric,
former commander of the Bosnian government formations in
Srebrenica", Bosnian Serb media in Pale reported. The media claim
that according to Hays serious incidents could occur in the two
villages and he proposed that a meeting between the commander ofIFOR land forces, General Michael Walker and IPTF commander,
Peter Fitzgerald, be organized. He added that he had "informed his
superiors accordingly". Naser Oric is responsible for the crimes of
genocide of Serbs committed in north-eastern Bosnia. If the Muslim
authorities are using Naser Oric for a forcible return of refugees to
some villages, it becomes clear that their aim is not a multiethnic
Bosnia and Herzegovina and a peaceful return of al1refugees but the
creation of an lslamic State. (Muslimanske civile predvodi Naser
OricIMuslim Civilians Led by Naser Oric, Polit4kSeptember 1996,
Annex No 169, p.135911360).
2.9.1.22 Reporting on the illegal import of heavy weapons
into Bosnia and Herzegovina at the end of August 1996, in
contravention of the provisions of the relevant annexes to the General
Framework Agreement for Peace in Bosnia and Herzegovina, The
New York Times carried the following assessment of NATO officials.
"...NATO officials said they fear that the Muslims are trying to
stockpile more weapons than they are allowed under the agreement,
giving them a potential battlefield advantage if war resumes in
Bosnia, possibly because the Muslim-led Government decides to
reunify its lands.
"The NATO official said that Turkey and Malaysia had aided
the smuggling operation. He did not say where the weapons
originated, but noted that the Bosnian Government has recently
signed secret arms agreementwith Turkey, Malaysia and Iran." (Chris
Hedges, "Bosnia Reported to be Smuggling Heavy Artillery", The New
York Times, 8 Novennber 1996,Annex No 170, p.1361 -1362)
2.9.1.23 ".ht: Muslim-led Bosnian government has secretly
started production of land mines, according to western intelligence
sources. The embarrassing disclosure was made on the eve of an
international confererice in Geneva to discusa worldwide ban on
mines. The Bosnian arms operation is a violation of the Dayton
peace agreement." (ILouise Branson, "Bosnian mine plant revealed",
The Sunday Times, ;!lApril1996,Annex No 171, p.1363)
2.10."Islam r:omprises the principle of ummet, i e., the
aspiration for the unification of Muslims into a single
community -religious, cultural and political"
2.10..1lA. Izetbegovic advocates not only the transformation
of Bosnian civil society into religious lslamic society, but a global
lslamization of al1 M~islims. In the fourth thesis on the lslamic order,
entitled "The unity of Muslims" of his "lslamic Declaration", he says: "Islam comprises the principle of ummet, i.e. the aspiration for
the unification of al1 Muslims into a single community - religious,
cultural and political. lslam is not a nationality, but it is the
supranationality of this community." (Bold type is ours)
2.10.1.2. lzetbegovic and the leadership of the Party of
Democratic Action made no effort to conceal that they consider
Bosnia and Herzegovina to be a part of the lslamic world and that
they wish to have it integrated into that world.
2.10.1.3. During a visit to Turkey 17 July 1991, A. lzetbegovic
asked that Bosnia-Herzegovina be allowed to attend a Ministerial
Conference of the Organization of Islamic Countries. He did this
before Bosnia and Herzegovina had become an independent State
and despite the fact that the Muslims do not constitute a majority of
the population of Bosnia and Herzegovina. (Zahtev da BiH uCestvuje
u radu lslamske konferencije IDemand for B-H Participation in the
Work of the lslamic Conferencel Politika, 18 July 1991, Annex No
172, p. 136411365)
2.10.1.4. lzetbegovic thanked Turkey for recognizing
Bosnia-Herzegovina before the Referendum was held on 29 February
1992. Izetbegovic said that he had met with Cetin, Minister for
Foreign Affaires in Davos, and that he had promised him the
recognition. Demirel also made the same promise later. lzetbegovic
said that the recognition would encourage the Mulims and the Croats
to vote for independence. In an interview to the Turkish daily
"Miliyet", he described Turkey as a brother. (Saraybosna, bayram
yasiyor, "Turkey is a brother", Miliyet, 10 February 1992, Annex No
173, pp. 136611367-1368)
2.10.1.5. In the course of 1996 the pressure of the USA
Administration on the Muslim leadership in Bosnia and Herzegovina
to loosen its ties with some radical lslamic States became obvious.
At a special press conference held in Sarajevo on 10 April 1996, the
lranian Minister for Foreign Affairs, Ali Akbar Velayati, accused the
USA Administration of exerting pressure on Bosnia and Iran to break
off their cordial relations. In the presence of the Prime Minister of the
Federation of Bosnia and Herzegovina, Velayati said: "The Bosnian
people know their friends and foes ...They know Iran, since the very
beginning of this war, has helped." (Philip Smucker, Bosnia Urges
Muslim World to Supply Arms for Future, The Washington Times, 11
April 1996, Annex No 174, p. 1369).
2.10.1.6. The distinguished American expert in terrorism,
Yossef Bodansky, who was the Director of the US House ofRepublican Task Force on Terrorism and Unconventional Warfare for
four years, testifies:
"Beginning in early 1992, the Islamists' commitment to a Jihad
against the West came to be tested in Bosnia-Herzegovina, in what
was formerly Yugoslavia. A forward support and coordination center
was established in the fall of 1991 in Bulgaria. In early 1992, forces
of the Armed Islarriic Movement (AIM) assumed an offensive and
special operations throughout Bosnia-Herzegovina. Most active are the
lslamic Jihad forces, the elite component of the Movement's
'international legion', led by 'Afghans'. Tehran urged and actively
supported the establishment of 'volunteer forces from al1 over the
Muslim world who ~vould rush to help their brothers in faith in the
Balkans'.
"ln Bosnia-Herzegovina, the AIM forces are organized, very
disciplined, and well equipped. Their commander is Mahmud
Abdul-Aziz, a veteran of six years of fighting in Afghanistan under
Ahmed Shah Massud and other combat for "the sacred cause" in the
Philippines and Kashmir, who also participated in clandestine
operations in Africa l'or Turabi.
"The 'Muslini Forces' include several hundred volunteers,
primarily from Iran, ,Algeria, Egypt, Sudan, Persian Gulf Arab States,
Pakistan, Afghanistan, Syria, and Turkey ...As of the fall of 1992,
there were 200-300 volunteer mujahideen in the Travnik area; 200 in
the center of Bosnia; an undetermined number (in the hundreds) in
Sarajevo and in eastern Bosnia-Herzegovina. They fight the Serbs
and train the Bosnian forces. They also teach children the Koran and
fundamentalist lslamic ways. The volunteers also train local Muslims
in special operations. Meanwhile, the flow of volunteers, including
Muslims frorn the United Kingdom, some of whom are 'Afghan'
veterans, continues. By early 1993, there were over 1,000 mujahideen
from Pakistan, Iran, Sudan and Libya.
"ln addition, Iran maintains a core of highly professional
operatives, mainly lranians from the Pasdaran and Lebanese from the
HizbAllah, who provide expert training and assistance and conduct
the most sensitive covert operations (intelligence and terrorism).
Tehran continues to provide Sarajevo with weapons and experts. In
early November 1992, more than 50 expert terrorists and instructors
of the HizbAllah and the Tawhid (its Sunni counterpart under Sheikh
Sha'ban) were sent from Baalbak to Bosnia-Herzegovina to train local
cadres and launch operations on their own. These trainers spearhead
on going lranian efforts to deploy a 2,000-strong brigade of its
Al-Quds Forces. All these forces receive substantial lranian military
assistance.
"lndeed, since the summer of 1992, there has been a marked
escalation in provocations by the Muslim forces, the goal of which is
to secure military intervention by the West against the Serbs (and, toa lesser extent, the Croats). Initially, these provocations were mainly
senseless attacks on their own Muslim population. The UN concluded
that a special group of Bosnian Muslim Forces, many of whom had
served with lslamist terrorist organizations, committed a series of
atrocities, including 'some of the worst recentkillings', against Muslim
civilians in Sarajevo 'as a propaganda ploy to win world sympathy
and militaty intervention'. Those escalated into premeditated attacks
and atrocities committed against Serbian civilians trying to flee
contested areas. It is noteworthy that these Bosnian detachments are
following exactly the principles of 'the war of the weak' as outlined by
the HizbAllah's Ayatollah Fadlallah." (Yossef Bodansky, Target
America, Shapolsky Publishers, USA, 1993, pp. 275- 277, Annex No
175, pp. 1.70-1375)
2.10.1.7. The distinguished Proffesor at Harvard University,
Samuel Hantington writes:
"The broadest and most effective civilization rallying was by
the Muslim world on behalf of the Bosnian Muslims. The Bosnian
cause was universally popular in Muslim countries; aid to the
Bosnians came from a variety of sources, public and private. Muslim
governments, most notably those of lran and Saudi Arabia, competed
with each other in providing support and in attempting to gain the
influence that generated Sunni and Shiite fundamentalist and secular.
Arab and non-Arab Muslim societies from Morocco to Malaysia al1
joined in. Manifestations of Muslim support for the Bosnians varied
from humanitarian aid including $90 milion raised in 1995 in Saudi
Arabi through diplomatic support and massive military assistence to
acts of violence, such as the killing of twelve Croatians in 1993 in
Algeria by lslamist extremists 'in response to the massacre of Our
Muslim CO-religionistswhose throats have been cut in Bosnia'. The
rallying had a major impact on the course of the war ... .It greatly
stimulated the lslamization of Bosnian society and identification of
Bosnian Muslims with the global lslamic community...
"lndividually and collectively Muslim governments repeatedly
expressed their solidarity with their Bosnian coreligionists. lran took
the lead in 1992, describing the war as a religious conflict with
Christian Serbs engaging in genocide against Bosnian Muslims. In
taking this lead, Fouad Ajami observed, lran made 'a down-payment
in the gratitude of the Bosnian state' and set the model and provided
the stimulus for other Muslim powers such as Turkey and Saudi
Arabia to follow. At Iran's prodding the Organization of the lslamic
Conference took up the issue and created a group to lobby for the
Bosnian cause at the United Nations. In August 1992 lslamic
representatives denounced the alleged genocide in the U.N. General
Assembly, and on behalf of the OIC, Turkey introduced a resolution
calling for military intervention under Article 7 of the U.N. charter. TheMuslim countries set a deadline in early 1993 for the West to take
action to protect the Bosnians after which they would feel to provide
Bosnia with arms. In May 1993 the OIC denounced the plan devised
by the Western nations and Russia to provide safe havens for
Muslims and to moriitor the border with Serbia but to forswear any
military intervention. It demanded the end of the arms embargo, the
use of force against Serbian heavy weapons, aggressive patrolling of
the Serbian border, (and inclusion of troops from Muslim countries in
the peace-keeping forces. The following rnonth the OIC, over Western
and Russian objections, got the U.N. Conference on Hurnan Rights to
approve a resolutiori denouncing Serb and Croat aggression and
calling for an end to the arrns embargo. In July 1993, somewhat to
the ernbarrassrnent of the West, the OIC offered to provide 18.000
peacekeeping troops to the U.N. the soldiers to come from Iran,
Turkey, Malaysia, Tunisia, Pakistan and Bangladesh. The United
States vetoed Iran, and the Serbs objecting vigorously to Turkish
troops. The latter nonetheless arrived in Bosnia in the summer of
1994, and by 1995 the U.N. Protection Force of 25.000 troops
included 7,000 from Turkey, Pakistan, Malaysia, lndonesia and
Bangladesh. In August 1993 an OIC delegation, led by the Turkish
foreign minister, lobbied Boutros Boutros-Ghali and Warren
Christopher to back immediate NATO air strikes to protect the
Bosnians against Serb attacks ...
"Subsequently the prime ministers of Turkey and Pakistan
made a wellpublicized visit to Sarajevo to drarnatize Muslim concern,
and the OIC again repeated its demands for military assistance to the
Bosnians ... In Augilist 1995 the foreign ministers of nine OIC
countries declared the U.N. arms embargo invalid and in Septernber
the fifty-two members of the OIC approved arrns and econornic
assistance for the Bosnians.
(........)...
"By far the rnost important help the ummah gave the Bosnian
Muslims was military assistance: weapons, rnoney to buy weapons,
military training, and volunteers. lmmediately after the war started the
Bosnian government invited in the rnujahedeen, and the total nurnber
of volunteers reporîedly came to about 4000, more than the
foreigners who fought for either the Serbs or the Croats. They
included units from the lranian Republican Guards and many who
had fought in Afghanistan. Among them were natives of Pakistan,
Turkey, Iran, Algeria, Saudi Arabia, Egypt and Sudan, plus Albanian
and Turkish guest workers frorn Germany, Austria, and Switzerland.
Saudi religious organizations sponsored rnany volunteers; two dozen
Saudis were killed in the very early months of the war in 1992; and
the World Assembly of Muslirn Youth flew wounded fighters back to
Jiddah for medical care... In the spring of 1994 Western intelligence
reported that an lranian Republican Guard unit of 400 men was
organizing extremist guerrilla and terrorist units. The Iranians', a U.S.official said, 'see this as a way to get at the soft underbelly of
Europe'. According to the United Nations, the mujahedeen trained
3000 - 5000 Bosnians for special lslamic brigades. The Bosnian
government used the mujahedeen for 'terrorist, illegal and shocktroop
activities', although these i~nits ofien harassed the local population
and caused other problems for the government. The Dayton
agreements required al1 foreign combatants to leave Bosnia, but the
Bosnian governnent heiped some fighters stay by giving them
Bosnian citizenship and enrolling the lranian Republican Guards as
relief workers. (Samuel P. Huntington, The Clash of Civilization and
the Remaking of World Order, New York, 1996, pp. 285-287, Annex
NO 176. pp. 1376-1379).
2.10.1.8. The illegal import of weapons from the radical
lslamic countries into Bosnia and Herzegovina, as well as the
participation of mujahededdins in the civil war is today a generally
known fact which does not need to be particulary proved.
2.10.1.9. James Risen reported:
"The Central Intelligence Agency has evidence that lranian
agents secretly delivered at least $500,000 in cash to Bosnian
President Alija Izetbegovic for his campaign before last fall's Bosnian
election, according to classified documents obtained by The Times.
(...........)
"...CIA analysts believe that lzetbegovic has been 'CO-opted
by the Iraninas' and is now 'literraly on their payroll', according to a
classified report based on the CIA's analysis of the issue." (Jamer
Risen, lran Gave Bosnian Leader $500,000, CIA Alleges, Los
Angeles Times, 31 December 1996, Annex No 177, 1380-1382 lan
Brigdie,lran Cash Funded Bosnian Election Victory, Says CIA, The
Times, 1 January 1997, Annex No 178, pp. 1383)
2.1 1. "To act prematureiy is equaliy as dangerous as to be
late in taking the required action"
2.11.1.l. This is what A. lzetbegovic says in his "lslamic
Declaration" about the introduction of lslamic rule:
"Emphasizing as a priority religious and moral revival does not
imply - nor cari it be interpreted to imply- that lslamic order can be
achieved without lslamic rule. This stand only means that Our road
does not proceed from the conquering of power, but rather from the
conquering of people, and that lslamic revival is primarily a revolution
in the field of education and only after that in the field of politics. "Therefore, we must be preachers first and then soldiers. Our
prime means are personal example, books ana words Wren will
force be added to these means?
"The choice of the right moment is always a specjfic question
and depends on a number of factors. Pdevertheless, there is a
general rule: The lslamic movement should and can rroceed to the
taking over of powers as soon as it is rnciral!~ am! numsrically
strong enough not only to overthrow the non-lslamic r~~lebut also
to develope new lslarnic rule. This differentiation is important, since
destruction and de\lelopment do not req~iirean equal levei of
psychological and material readiriess.
"To act prematurely is equally as dangeïous as to be lafe in
taking the required action.
"The conquelring of power on the basis of a favoi,rable
concurrence of eveiits, without sufficient moral and psychoiogical
preparedness and without the required minirni:in of competent and
developed personnel implies the realization ot ariother coiip and not
an lslamic revolutiori (and a coup is a ~otltlr~uati~rl cf l-i~r-I~1;3mic
politics by other groups of people or on behalf cl other prtriciples)To
be late in the taking over of power means !iJat:ny oneself a very
powerful means of achieving the aims of Isl:-*rnicorder snd to pr~vide
the non-lslamic rule i3n opportunity to strike a Plow io the ïnovement
and disperse its activities. For the latter case rei:erit histor] 3ffers
sufficient tragic and illustrative examples." (8oty~f? ;s ciiirs)
2.11.1.2. Sorrie writings indicate as the imrnediate cause of
the war in Bosnia and Herzegovina the advice discreetly oftered by
an American diplomat, sesving in Belgrade al the trme. to Alija
Izetbegovic to forsake the already given approlial for !+e car?toriization
of Bosnia and Herzegovina in accordance with the Coutiltiero plan.
This may be true but it is also true thal there &as no ntted for a
long and persistent inducenient of Izethegcivic To atsarrdon the
Coutilhero plan, There are some elemerits 5j;piiii::t-, :-!seto a
suspicion that the SDA leadership had assessecl that tline was rtpe
for the lslamization of Bosnian society and that the war could
facilitate and speed up that process.
2.11.1.3. The SDA leadership was of coiirse aware of the
relationship of militaqr forces in 1991 and 199% It seems. however,
that precisely on religious grounds the SD4 leadership thought it
expedient to keep arguing that Bosnia was the victim of an
aggression, that the Muslims were weaker, that injustice had been
done to them and that they were waging a defensive war. For, the
Koran allegedly forbids a war of aggression but allows a defensive
war. 2.11.1.4. The lslamization of the Muslirn population on the
territorynder the control of SDA became quite clear in 1994. This is
shown by a series of reports from the territory under control of SDA.
A campaign began against rnixed marriages, anti-war songs of Serb
singers were banned, and even "loyal" Christians were discriminated
against. The mujaheddin contributed to this by banning the
consumption of alcohol, and demanding women to Wear long hooded
overdresses. (Roger Cohen, Bosnians Fear a Rising lslamic
Authoritarianism, The New York Times, 10 October, 1994, Annex No
179, p. 1384 Anthony Loyd, lslarnic Teachers Offer Pension in Return
for Jihad, The Times, 22 October 1994, Annex No 180, p. 1385
Lubor Zink, Thoughts on Balkan Strife, The Toronto Sun, 21 July
1993, Annex No 181, p. 1386, Remy Ourdan, La fin du reve
bosniaque, Le Monde, 28 September 1994. Annex No 182, pp. 1387-
1389, R. Cia, L'allarme del neocardinale Puljic "Stanno islamizzando
la Bosnia", Corriere della Sera, 14 November 1994, Annex No 183,
pp. 139011 391-1392)
2.11.1.5. In the Special report on the media, Situation of the
violation ofhuman rights and fundamental freedorns in the territory of
the former Yugoslavia, it issaid in connection with the journal of the
Party of Democratic Action entilted "Ljiljan" (Lily), published in
Sarajevo, that it incites to nationalist hatred. On page 7, para 31, it is
stated:
"Sorne media do tend to refer to entire ethnic groups in
derogatory terrns. For example, Sarajevo's Liljan journal frequently
publishes articles emphasizing the divisionsbetween peoples; it takes
a hostile position on rnixed marriages, portraying thern as a threat to
the future of the local Muslim population." (Report of the Special
Rapporteur submitted pursuant to Commission resolution 1994172,
para 31, ElCN.411995154, 13 December 1994, Annex No 184, p.
1394)
2.11.1.6. Thesame report States on page 8, para. 32:
"Reference has been made in a previous report to incitement
to nationalist or religious hatred in Bosnia and Herzegovina. On 1
April 1993 the Tuzla journal Zmaj od Bosne, published an article
which stated, 'Instinctively, every Muslim would wish toSave his Serb
neighbour instead of the reverse; however, every Muslim must name
a Serb and take an oath to kill him"'. (Report of the Special
Rapporteur submitted pursuant to Commission resolution 1994l72,
para 32, ElCN.411995154, 13 December 1994, Annex No 185, p.
1396)
2.11.1.7. It would be wrong to justify the engagement of the
mujaheddin by rnilitary reasons, because Alija lzetbegovi 's regime
enjoys NATO's support and rnilitary protection. (Andrew Hogg, ArabsJoin in Bosnia War, The Sunday Times, 30 August 1992, Annex No
186, p. 1397, Torri Post, Joel Brand, Help from Holy Warriors,
Newsweek, 5 October 1992, Annex No 187, 1398-1399 Bill Gertz,
lranians Move into Hosnia to Terrorize Serbs, The Washington Times,
Annex No 188, p. 1400-1401 Bill Gertz, lranian Weapons Sent Via
Croatia, The Washington Times, Annex No 189, p. 1402-1404)
2.11.1.8. After the establishment of peace in Bosnia and
Herzegovina and 'the arriva1 of IFOR, a certain number of
mujaheddins remained in Bosnia although the USA Administration has
been exerting strong pressure on the Muslim authorities to expel al1
mujaheddins. (BillGt:rtz,Clinton Defends U.S. Inaction on Iran-Bosnia
Deal, The Washington Times, 10 April 1996, Annex No 190, p. 1405
Bill Gertz, lranian hnilitary, Intelligence Remain at Work in Bosnia,
The Washington Times, 19 April 1996, Annex No 191, p. 1406 Philip
Smucker, Disputes Delay Aid to Bosnia's Military, U.S. Concerned
about 'Foreign Forces', The Washington Times, 7 May 1996, Annex
No 192, p. 1407 Philip Smucker, NATO Officiais Dispute Iranians'
Exit from Bosnia, Ttie Washington Times, 14 June 1996, Annex No
193, pp. 1408-1409)
2.11.1.9. Philip Smucker reports about the role of the
mujaheddin who remained in Bosnia:
"lslamic fighters who refuse to leave Bosnia, defying the
Dayton peace accords, are engaged in a broad pattern of intimidation
against local population, according to residents and NATO officers
here.
"lnsmall villages across central Bosnia, the lslamic soldiers
are said to rule with an iron fist- making the same kind of threats
against U.S. and Euiropean troops that NATO condemned when they
came from Bosnians.
"They stand around us waving their big knives in the air and
drawing them across their neck saying, 'l'Il kill you after the elections,
you Jewish pig', saitl a U.S. officer who regularly patrols villages in
the area. The officer, who asked not to be named, said he and other
Americans repeatedly received such threats.
"The Islamic soldier 'do al1 they can to intimidate and scare'
said Lt. Bill Ferrer, an air-support specialist from Pennsylvania
attached to a Polish NATO brigade in Zepa. 'If they catch locals
holding bands or breaking their code of conduct, they punish them
severely."' (Philip Srnucker, Bosnia Terrorized by Foreign Soldiers
Who Aided Muslims, The Washington Times, 8 August 1996, Annex
No 194, p. 1410)
2.11.1.10. The lranian presence in Bosnia is also reported on
by James Risen: "CIA analysts also noted that the lranian presence was
expanding last fall through the opening of a new consulate in the
Bosnian city of Mostar, while elsewhere in Bosnia the lranians
opened a new radio station, a new cultural centre, two 'reconstruction
centres', and a Red Crescent Society office. 'Some of those activities
are known to be fronts for the lranian Revolutionary Guard' and
lranian intelligence, according to a classified report on the matter."
(James Risen, Iran gave Bosnia Leader $500,000, CIA Alleges, Los
Angeles Times, 31 December 1996, Annex No 177)
2.11.1.11. During the election campaign the Party of
Democratic Action used al1 available means to eliminate political
opponents among the Muslims of Bosnia and Herzegovina. A
particular target for criticism were Fikret Abdic, leader of the Muslims
in Western Bosnia, who opposed lslamic fundamentalism very early
on and waged war against the forces of Alija Izetbegovic; a target
were also Abdic's supporters, as well as Haris Silajdiic, the former
Prime Minister of Bosnia and Herzegovina who parted Company with
lzetbegovic accusing him of wanting to introduce a one-party system;
also environments which preserved a certain amount of tolerance in
inter-ethnic and inter-party relations,h as, for instance, the city of
Tuzla.
2.11.1.12. According to The New York Times "the Muslim-led
Bosnian Government has dispatched small Iranian-trained commando
units to kill or capture enemies it has branded as war criminals,
senior Croatian officials and Western diplomats Say.
"The existence of these units came to light after five Bosnian
Muslims, now in prison in Croatia, were arrested this month and
accused of trying to assassinate a renegade Muslim leader, Fikret
Abdic, currently in exile in Croatia.
"The four men and one woman, some of whom are formally
employed by the Bosnian police in the north-west Bosnian city of
Bihac, were arrested near the Croatian city of Rijeka on 8 April by
the Croatian police. The team had grenades, automatic assault rifles,
rocket-propelled grenades and plastic explosives in its possession,
the police said.
"The five Bosnians, who are being interrogated, are members
of the Muslim-led Government's intelligence service, the Bosnian
Agency for Investigation and Documentation, officials who have read
the transcripts of the interrogationsid.
"Western diplomats and Croatian officials said the five
Muslims' activities were disturbingbecause they seemed to indicate
that the Bosnian Government had given the green light for attacks
against political opponents."(Chris Hedges, Bosnia Hunting Enemies
Down, Diplomats Say, The New York Times, 25 April 1996, Annex
NO 195, pp. 1411-1412) 2.11.1.13. "President Alija lzetbegovic of Bosnia has launched
his most serious attempt to seize political control of the northern
industrial city of T~izla, a region that in almost four years of war
refused to back his lslamic party.
"Under a nevireconomic restructuring law, the leaders of about
30 of Tuzla's largest firms and businesses are to be replaced by
supporters of Mr Izelbegovic's Party of Democratic Action (SDA).
"The move is further evidence of the increasingly
undemocratic and authoritarian behaviour of the government of Mr.
Izetbegovic, which niade much of its supposedly liberal values when
trying to appeal to the West during the war." (Tim Butcher, Bosnia
President in Struggle for Control of Tuzla, The Daily Telegraph, 12
June 1996, Annex No 196. p. 1413)
2.11.1.14. "Tension about the election increased at the
weekend when Haris Silajdzic, the former Bosnian Prime Minister,
was attacked by supporters of the ruling Democratic Action Party. An
aide said Mr Silajdz:ic was in 'a very bad condition' after being hit
over the head with an iron bar at a rally in northwest Bosnia."
(Richard Owen, Bosriian weapons accord hailed, The Times, 17 June
1996, Annex No 197, p. 1414)
2.11.1.15. "Opposition party members are being terrorized and
beaten by agents of the Muslim-dominated Government in a
campaign of intimidation that further erodes any pretence of fairness
in the coming local and parliamentary elections, according to
opposition leaders, senior NATO officers and international monitors.
"Reeling under the offensive of detentions, interrogations,
public assaults on party supporters and attacks on political rallies,
opposition leaders in some towns Say it has become nearly
impossible to organize or conduct a campaign for the Sep. 14
elections.
(..........)
"Opposition leaders in several towns in Muslim-controlled
regions said their supporters were afraid to even discuss politics
openly." (Mike O'Connor, Opposition Parties in Bosnia Are Facing
Terror Tactics, The New York Times, 16 August 1996, Annex No
198, pp. 1415-1416)
2.11.1.16. "The United Nations said yesterday that local police
in northwestern Bosnia were failing to stop violence against
opposition voters despite promises to support free and fair elections,
scheduled for Septeniber 14, Reuter reports from Sarajevo.
"The intimidation suffered by people affiliated with opposition
parties may leave them too frightened of reprisals to vote in the
country-wide elections, the UN said. "Three explosions damaged the houses of supporters of
political parties opposed to ruling Moslem nationalist SDA party in the
town of Cazin, in the nortwestern Bihac area of the Moslem-Croat
federation, said UN spokesman, Mr. Alex Ivanko.
(............)
"Active harassment and intimidation of the political opposition
in the area began in June when an SDA loyalist struck Bosnia's
former prime minister, Mr Haris Silajdzic, on the head with an iron
pipe. Mr Silajdzic is now the chief rival to Mr Alija Izetbegovic, the
country's president and head of the SDA." (UN Criticises Bosnian
Police Over Poll Campaign Violence, The Financial Times, 23 August
1996, Annex No 199, p. 1417)
2.11.1.17. "An official of the UN'S international police (IPTF),
which monitors the Bosnian police, reported that the 'level of
intimidation' in Cazin, 12 miles north of Bihac, 'was at- such a level
that because of it they /the electorate) may well not go to vote on
election day'. (Christopher Bellamy, Bosnia's Former Victims Are
Accused of Poll Terror Tactics, The Independent, 26 August 1996,
Annex No 200, p. 1418)
2.11.1.18. "When the Bihac branch of Bosnia's Social
Democratic Party protested against the confiscation of thousands of
its election pamphlets this week, it was handed asigned and stamped
official explanation.
"The pamphlets, the document said, contained 'text opposing
the ruling party'.
"The local party leader, Mirsad Mujanovic, thought the police
had missed the point. 'It's logical it opposed the government' he said
in frustration. We're the opposition".
"Human rights reports suggest the Bihac police might not
have missed the point after all. In large swaths of Muslim controlled
territory, the ruling Partyf Democratic Action (SDA) has created a
climate of fear and intolerance of dissent in the final three weeks
before Bosnia's elections.
"ln north-west and central Bosnia, scores of opposition
candidates have dropped out, and opposition campaigning has
virtually ceased as a consequence of SDA rule-bending and
relentless intimidation by its armed gangs." (Julian Borger, Thugs Kill
Bosnia's Election Hopes, The Guardian, 23 August 1996. Annex No
201, p. 1419)
2.11.l. 19. This can perhaps best be seen from the Statement
issued by five of the seven members of the Presidency of the
Republic of Bosnia and Herzegovina in February 1995 against Alija
IzetbegoviCts attempt to make Bosnia-Herzegovina into a one-party
lslamic state. The signatories Say that army units are exposed toideological pressures and the abuse of religious feelings by some of
their members. The protest was signed by Nijaz Durakovic, a
Moslem, Stjepan Kljujic, a Croat, Ivo KomSic, a Croat, Tatjana
Ljujic-Mijatovic and Mirko Pejanovic, Serbs. The other two members
of the Presidency are Alija lzetbegovic and Ejup Ganic, Muslims.
(Robert Fox, lslamic lndoctrination of Army Splits Bosnian Leadership,
The Daily Telegraph, 6 February 1995, Annex No 202, p. 1420)
2.11.1.20. One of the marks of radical intentions of the
leadership of the Party of Democratic Action (SDA) was the readiness
to sacrifice the citizens of Sarajevo in order to achieve its goals.
There are convincing indications that the Muslim authorities activated
the mine in the line of people waiting for bread on 27 May 1992 in
Sarajevo, when 17 people were killed and a large number wounded.
TV networks broadcast the terrifying picturesal1around the world and
military forces of the Republic of Srpska were condemned without
any proof. (Leonard Doyle, Moslems Slaughter Their Own People,
The Independent, 22 August 1992, Annex No 203, p.1421; Warren
Strobel, Bosnians Miay Shelled Themelves, The Washington Times,
23 August 1992, Aniiex No 204, p. 1422; Colonel Milanko Cvijovic,
StruEna analiza snirnaka tv BiH povodom dogadjaja u ulici Vase
Miskina1 Expert Anal,ysis of the 6-H TV Shots of the Event in the
Vase Miskina Street - Sarajevo, 25 May 1992, Annex No 205, pp.
1423142811429-1432)
Canadian Major General Lewis MacKenzie, Commander-in-
Chief of UNPROFOR, wrote down in his diary:
"Disaster in Sarajevo. People lined up for bread were attacked
and at least 17 killed. Presidency claims it was a Serb mortar attack,
Serbs claim it was a set-up using explosives. Our people tell us
there were a number of things that did not fit. The Street had been
blocked off just before the incident. Once the crowd was let in and
lined up, the media appeared but kept their distance. The attack took
place and media were immediately on the scene. The majority of
people killed are alleged to be Pame Serbs' ...." (Major General
Lewis MacKenzie, Peacekeeper, Douglas and Mclntyre, Vancouver -
Toronto, 1993, pp. 193, 194, Annex No 206, pp. 1433-1437)
2.11.1.21. Thore is serious reason to believe that Muslim
forces fired a mortar grenade killing 68 people on the Sarajevo
market "Markale" in February 1993. (Reuters, 19 February, 1994,
Annex No 207, p. 1438, David Binder, Anatomy of a Massacre, The
Foreign Policy, Winter 1994 - 1995, Annex No 208, pp. 1439-1447
Pazit Ravina, Was there a Shell in the Sarajevo Marketplace, Davap,
February 16, 1994, Arinex No 209, pp. 1448-1450).
2.11.1.22. A. lzetbegovic said in Teheran on 30 October 1992
that his Bosnian Muslim forces had poison-gas weaporis and mightbe forced to use them as a "defensive" measure against Serbian
forces. (Bosnian Threatens Poison Gas Against Serb Forces, The
New York Times, 31 October 1992, Annex No 210, p. 1451)
2.11.1.23. On 21 June 1993 in Ankara, A. lzetbegovic said
that he could not exclude the possibility of using chemical weapons if
the United Nations did not lift the arms embargo against them. In an
interview to Anadolia Agency, he said that Muslims did not want to
use chemical weapons but that events could get out of control.
Really, on three occasions in August 1993, Bosnian Muslim army
near Zvornik used chlorine gas in artillery projectiles.
2.11.1.24. The Muslim Bosnian Organization was founded in
Sarajevo in early October 1990 by defectors from the SDA who were
dissatisfied by the fact that the party had come under the influence
of its religious fundamentalist wing. The leader of this party is Adil
ZuifikarpaSic. Its members felt threatened by radical Muslims and
therefore cancelled conferences in Mostar, Sarajevo and Zenica.
2.11.1.25. At the session of the Constituent Assembly in
Velika KladuSa on 27 September, 1993 a decision was made on the
proclamation of the Autonomous Province of Western Bosnia. Fikret
Abdic, former member of the B-H Presidency, was elected President.
The majority of the population in this region of Western Bosnia is of
Muslim nationality. The Province was constituted because of the
discontent of the population and its disagreement with A.
Izetbegovic's manner of rule as they believed that he introduced
lslamic fundamentalism.
2.11.1.26. The authorities of the Autonomous Province of
Western Bosnia were in a state of continuous armed conflict with the
forces of A. lzetbegovic until the end of August 1994, when they
were militârilydefeated, which resulted in the withdrawal of
approximately 60,000 inhabitants, primarily of Muslim nationality. The
population withdrew because of the terror and killing of civilians by A.
Izetbegovic's forces. The fact that civilians were shot at was
confirmed by UNPROFOR in Velika KladuSa.
2.11.1.27. A few months later, the armed forces of the
Autonomous Province of Western Bosnia managed to recover the lost
territory so that the Muslim refugees were able to return to their
homes.
2.11.1.28. On 25 July 1995, the Republic of Western Bosnia
was proclaimed in Velika KladuSa. Its establishment is the expression
of the aspiration of the people of Western Bosnia to remain
independent. (ProglaSena Republika Zapadna Bosna~The Republic ofWestern Bosnia Pro~:!âiined. Poli:i;cn, 2-7 '-; .; ::;-S. . ..j 'Il,
pp. 145211453) Ba:, irl 1996, tkp ff?rcei (1: :i-.: ,'..-,I:,~C- r.4 6 '.>:errl
Bosnia wlere defipite!i? df?fe~;:\;j :. :' j",tt; .-3+- -.L* -;r..:; . -:' ? .:!lm
and Croat forces. M:. L\bdiCwas ac.rused O\: .ifr!sii:n ,s?_u:ihi.r.t~~ e4c.the
alleged commission crimes a.nd be is ricw !t-# f:ire ID :.-c,?c::\.
2.11.1.2!?. S. huritir-gron wrt+t?s:
"A drarnatic rise of civiliratio~ ideri:;:ies rr:,,c .:r: ,- ?i:~jnia,
parricular!y in its Musliin commu~i.i'y. i-'stsr.:?ril~. c ,:mn:i -.nt -i-~~:i:ieç
in Bosnia had not been stronq Serbs. !',.;3atri and Ini!,.i*r.- .'t;ed
peacefully together a.s neighbclrsrii~tergr~~ii~ i-,ciîv-ir!c.-: ;;jerf-: ..pt --?n.
religious idenTification was weak. Vüslims. !: ulas sa15 i.;r?-.-> !:,:.-G.ns
who did not go to thi: mr;aquc?.Croars werc: Et'ri-.:_::l?n\EW -,::i .o:- go
to the calhectral, anci Serbs \uer2 Hcsqiar:~ xi::? il3 -6:)' II;: Y: :le
Orthodox churcti. Once !he Droacier 'iugci~,l+!i, irivnt\isl ;.ra,.? -.i:tli
however, these causal reiigioris itltinrittifs :issiii-iie :.?w ;>I; ',:. , ,!r~d
once fighting beqan the\; ir?'en.;ifit:d. h!v!tiç~r-. :>!: 71 .., -.- '- ed
and each group incr,îas~nglwidenr;i:& itvi?', $1, .o ::; "i . .;#.. . rai
comm~jnify arid .Jefii-ff;iii::;ei? (., ; -:i;,i:i:.li8:...-
. ..
"The Muslims silift t~ivar3 ci\/!'.~ ::. . .. .... ,. ' is
even more t-q:!rke.j elri *.a;i ,il <;et 6 ; -: . _.i:'. n s
were highly secul~ii- iri theii O , : t-WC' - as
Europeans, and were The ,r.tl::nclesl :;L:';Pc~: s :)i :'. :~::~ll:::,-:rra1
Bosnian societj: ancl s;ate. -/-hi: a 1:: r : as
Yugoslavia broke up. L.ikr. the Croats arii.f ::ei-i>s ; ' . :90
elections the Muçlinis rejel':c!d the n;u!Itf~,f;.r~i:-:r:!'~~ii : ;= .ng
overwhelrningly for the Mi.!siin-iPartv of ue~l<i?ratic: ,'ic:!i:i-! 1.1 led
by Izetbegovic. He is a devciit Mi!çlim. l-i,;; ;? irr :i7i'i; 1::: 31s
lslamic activisrn i>y the Crbi7>~l.irl;';t 3(liverrrr.- :i!?*.y " - , G he
ls/arn,'c Declaration, publist~d irt '976, srq. ri, ::' ''s-v? :7!:r::;' t:,:.trty
of Islam witi: nori-lsl;~niic systerr~i; Ti-vr2 c3 . :.- .~virh: r r;,:x:t? .los
coexistence between the lslanir. rell:iic;n ~QI, ~i:j;r-lt;~?:ï~:i T;s"JI;?~ ilnd
political instit~iiioris'. l.Z't-.>? t9e ;~!a,~?~ i!?~i'rt?t?Z i> SS:C.?-I .?;IO!J~;I it
nii~si take power and cre<i:e .S:ifiKili.'ZPUL)II:: Iri '71:; . itr_;t<, it
IS partic~la:;~ irx~c~:::, !t n-.at .?L,~.:,:.;,jc :,:.\d raer,r;3 ;;!\:;g'. i,, :;-?~he
r;arrds iji ne,.Dit, ji:.;::(: ic GS- .i.,,J-C. .*, ri!i<* : i:,'+t:!,.:,: ji!:~'.(i:i is
. ,
i;idisi;ii, ifi;~
2. dC!(;ni~. r!vf:3rne .r?riccer;&?r 1;p:i. q;:;,.,.;: l:!.:-,-., a
! t r 1 (1 r i v :; : ., 1. : .i,up
altnoui;h s"s:!:7 ci ci ir;a!oritq.t-:? wü-. ,'lot, i;c;~.~s~.o i: pers..:ii :O .:>.7ist
the lslamization of his country produced by the war. His reluctance to
repudiate publicly and explicitly 7he lslamic Declaration, generated
fear among non-Muslirns. As the war went on, Bosnian Serbs and
Croats moved from areas controlled by the Bosnian government, and
those who rernained found thernselves gradually excluded frorn
desirable jobs and participation in social institutions. 'Islam gained
greater importance wiithin the Muslirn national comrnunity and ... astrong Muslim national identity became a part of politics and religion'.
Muslim nationalism, as opposed to Bosnian multicultural nationalism,
was increasingly expressed in the media. Religious teaching
expanded in the schools, and new textbooks emphasized the benefits
of the Ottoman rule. The Bosnian language was promoted as distinct
from Serbo-Croatian and more Turkish and Arabic words were
incorporated into it. Government officials attacked mixed marriages
and the broadcasting of 'aggressor' or Serbian music. The
government encouraged the lslamic religion and gave Muslims
preference in hirings and promotions. Most important, the Bosnian
army became Islamized, with Muslims constituting over 90 percent of
its personnel by 1995. More and more army units identified
themselves with Islam, engaged in lslamic practices, and made use
of Muslim symbols, with the elite units being the most thoroughly
lslamized ones and expanding in number. This trend led to a protest
from five 'members (including two Croats and two Serbs) of the
Bosnian presidency to Izetbegovic, which he rejected, and to the
resignation in 1995 of the multiculturally oriented prime minister, Haris
Silajdzic.
"Politically Izetbegovic's Muslim party, the SDA, extended its
control over Bosnian state and society. By 1995 it dominated 'the
army, the civil services and public enterprises.' 'Muslims who do not
belong to the party', it was reported, 'let alone non-Muslim, find it
hard to get decent jobs.' The party, its critics charged, had 'become a
vehicle for an lslamic authoritarianism marked by the habits of
Communist governrnent.' Overall, another observer reported:
"Muslim nationalism is becoming more extremist. It now takes
no account of other national sensibilities; it is the property privilege,
and political instrument of the newly predominant Muslim nation...
"The main result of this new Muslim nationalisrn is a
movement towards national hemogenization ...
"lncreasingly, lslamic religious fundamentalism is also gaining
dominance in determining Muslim national interests."' (Samuel P.
Huntington, The Clash of Civilizations and the Remaking of World
Order, New York, 1966, pp.268 - 270, Annex No 212, pp. 1455-1457)
2.12. The Rebellion by Members of the SDA and the HDZ
in the Republican Government against the SFRY and
Pressures on the Serb People in Bosnia-Herzegovina
(1991-1992) (General overview)
2.12.1.1. The harassrnent of the Serb people in
Bosnia-Herzegovina in 1991 with attacks on the SDS leadership on
television and radio, and in newspapers and magazines published in
Bosnia-Herzegovina. The magazine "Novi Vox", a Muslim youth paperled the attacks. (Bosna je okupirana -Al' ne zadugolBosnia Occupied
- But Not for Long1 Novi Vox, Sarajevo, No.3, October 1991, Annex
NO213, pp. 145811 459-1460)
2.12.1.2. In its third issue in October 1991, "Novi Vox"
published the following "patriotic" Song:
"Dear mother, I'm going to plant willows,
We'll hang Serbs from them.
Dear mother, I'mgoing to sharpen knives,
We'll soon fiIl pits again.
Dear mother, chop some salad,
And invite Our Croat brothers.
When our banners unite,
All the Serbs will end in graves."
During World War Two the slogan "Serbs on Willows" was
popular among the lJstashi (Ustashi were fascist armed formations in
the lndependent State of Croatia during World War Two). Serbs
should be hanged from the willows. The reference off pits was also
supposed to associate to the suffering of the Serbs in World War
Two, since at that time Croat and Muslim fascists threw slaughtered
or killed Serbs into deep pits in the rocky fields of 6-H). (Patriotska
poezija IPatriotic Poetryl Novi Vox, No. 3, October 1991, Annex No
214, pp. 1461-146211463-1466)
2.12.1.3. The same issue of "Novi Vox" published obituaries
of the most prominent Serb leaders, including Dr Radovan Karadiic,
Dr Biljana PlavSic and Dr Nikola Koljevic. There is a picture of cut off
heads of Serb leaders on the front page. It was an early incitement
to commit genocide. ('1(5itulr0bituariesl1l Novi Vox, No. 3, October
1991, Annex No 21 5, pp. 1468-146911470-1472)
2.12.1.4. Illegal armed formations were set up in
Bosnia-Herzegovina, as illustrated by an article, also published in the
third issue of "Novi Vox" in October 1991, entitled "We will defend
the border on the Drina". This article said:
"A two-page article entitled "From the camp of the Hanjar
Division" appeared iri the latest issue of the Zagreb weekly "Globus"
with an interview with Alija Siljak, a member of the Presidency of the
Croatian Party of Rights and its coordinator for Eastern Bosnia, who
is said in political cincles to have organized military activities on the
Drina and recruited Muslim volunteers for Croatia's patriotic war. The
journalist of the popular Zagreb weekly saw that these stories were
not without foundation when Alija took him to a training camp for new
fighters somewhere in deep forest "between the Drina and the Sutla".When the journalist said that he was seen as the creator of the new
Hanjar Division, Alija ~iljak replied: 'What I am doing with my people
from the Drina, as I cal1them, really is the continuation of a tradition.
Much has been said about the Hanjar Division from 1945 to 1990,
mainly in a negative context. Their so-called crime was to fight for
their own state and defend their people from people like Kalabic,
Medenica and Mihajlovic. They were disciplined and loved by the
people, but one of their so-called crimes was that they wore fezes
with a letter "U" or a crescent and a star, or both, instead of the
Serb royalist insignia or the communist five-pointed star."
The Hanjar Division was a fascist Muslim armed formation
created in the Second World War. (Branit cemo granice na Drini NVe
Will Defend Our Border on the Drina1Novi Vox, No. 3, October 1991,
Annex No 216, pp. 1473-147511476-1480, Odluka O formiranju
muslimanske narodne garde /Decision on the Formation of the Muslim
National Guard, Annex No 217, pp. 148111484, Uvodi se Hajvan
vagon ISpecial Animal Cars To Be Introduced, Annex No 218, pp.
148511486-14871 cele-~ula ITower of Skullsl lgre IGamesI, Annex
NO 219, pp. 1488-148911492 )
2.12.1.5. The authorities of B-H did not react to the texts in
"Novi Vox" although they were meant to spread religious and ethnic
intolerance and incitement to genocide.
2.12.1.6. The Bosnia-Herzegovina radio and television, the
"Oslobodjenje" newspaper publishing house and al1 other republican
mass media remained in Muslim-Croat hands. They were used to
wage a media war against the Serb people.
2.12.1.7. SDS leader Dr Karadiic spoke at a press conference
held on 23 January 1991 of the anxiety of Serbs in the western
Herzegovinian communes bordering on Croatia due to which women
and children were moving from Metkovic to eastern Herzegovina.
2.12.1.8. The arming of the Muslim and Croat civilians was
organized in 1991. Part of the arms were obtained with the help of
the Republic of Slovenia. This was confirmed by Hasan tengic, a
Muslim middleman. cengic said at a hearing before a Slovenian
parliamentary cornmittee that he had been first approached by
Slovenian President Milan KuCan, who then connected him with
lnterior Minister lgorvCar. Slovenian Defence Minister Janez JanSa
was the key person in the illegal arms deals. (M. JakSic, "KuEan prva
veza" IKuEan the First Connectionl Politika, 14 July 1994, Annex No
220, pp. 149311494-1495) 2.12.1.9. The former chief of Slovenia's Counter-Intelligence
Service, Miha Brejc, said on 17 February 1995 at a hearing before a
Slovenian parliamentary committee that Slovenia supplied the Bosnian
Muslims with arms from the beginning of 1991 to the autumn of
1994. 4lthough these arrns deals were supposed to be secret, it is
quite certain that the arming of Muslims in Bosnia-Herzegovina could
not have gone unnoticed by the Serbs.
2.12.l. 10. Several thousand Muslims and Croats from Bosnia-
Herzegovina were trairied at the Croatian Interior Ministry training
centre during 1991.
2.12.1.1 1. As early as February 1991, the flats of army
officers and prominent Serbs were marked in Sarajevo and Bihac. In
this way they were rnarked as possible targets.
2.12.1.12. Attacks by Croatia's armed forces on the territory of
Bosriia-Herzegovina inhabited by Serbs began in March 1991.
Croatian Special Poli~ceseized the "Brotherhood and Unity" bridge on
the Sava near Jasenovac and the village of Donja Gradina on 5
March 1991 Serbs in Bosnia-Herzegovina were concerned over the
failure of the SDA ..and HDZ - controlled republican authorities to
condemn these attacks.
2.12.1.13. Ttie SDA began to organize the Muslim extremist
organization, the Patriotic League, at least a year before the war.
This was an illegal terrorist organization that mainly comprised Muslim
officers who had deserted from the Yugoslav People's Army
(hereinafter: ,INA) St:fer Halilovic, commander of the Muslirn army of
the so called Republic of Bosnia-t-lerzegovina deserted from JNA and
joiried the illegal and terrorist Patriotic League. The Patriotic League
grew into a new territorial defence force of Bosnia-Herzegovina and
came into the open by attacking the JNA and breaking up the legal
'ierritorial De:@nee tc1:ci:The previously illegal Patriotic League was
r,cct ..-r:c'arajev!)âfici ied by leaders of the SDA.
.-::?I.!4. .'..-,d iri an intrwiew on "Bosnia- Herzegovinian
iia/io anc: i ei?viçio!"~;ihether or not the war in Bosnia-Herzegovina
, { F t 3 . - Mirslim leader Alija !zetbegovic admitted
ttiar Pr. himseir nad riot expected that the war would be so terrible.
"ln the secorid halt ot 1991, we established the Patriotic League to
prepare the people for the possibility of war," Mr lzetbegovic said.
2.12.1 .15. 1-lie Serb people in Bosnia-Herzegovina was
particularly irritated b'y the fact that A.lzetbegovic paid an official visit
to Kurt Waldheim. The Serbs consider that Dr. Waldheim is among
those responsible for the death of 34.000 Serbs from Mt Kozara inWorld War Two. A. lzetbegovic said that K. Waldheim had been
only a soldier. This visit and A. Izetbegovic's explanation did not
contribute to building trust between Muslims and Serbs. On the
contrary.
2.12.1.16. Residents of several western Herzegovina
communes blocked roads with vehicles and human shields to prevent
the passage of a motorized JNA convoy. The road blocks were
placed on the Mostar-LiStica-PosuSje road allegedly because
Bosnia-Herzegovina's authorities had not been notified in advance of
the passage of the army convoy. A. Izetbegovic claimed at a press
conference that he had not been consulted about troop movements.
This was a clear case of A. Izetbegovic claiming authority he did not
have, because the JNA was not obliged to consult the Republican
Presidency. It is clear that this too influenced the political mood of
the Serbs in Bosnia-Herzegovina and that they viewed this as a
threat. (Drago Maric, Uzaludni pokusaji da se omoguci prolaz vojnom
konvoju IUnsuccessful Efforts to Enable Army Convoy to Passl
Politika, 9 May 1991, Annex No 221, pp. 149611497)
2.12.1.17. At an SDS press conference, Dr Karadiic warned
that the border between Bosnia-Herzegovina and Croatia was slowly
melting away and that A. lzetbegovi had given half of
Bosnia-Herzegovina's sovereignty to F. Tudjman, the President of the
Republic of Croatia. In the Croat-populated parts of B-H the school
system and the mass media were part of the Croatian system.
(Granice izmedju BiH i Hrvatske polako se tope /Border between B-H
and Croatia Slowly Meltingl Politika, 16 May 1991, Annex No 222,
pp. 149811 499-1500)
2.12.1.18. Dr Biljana PlavSic, President of the Council for the
Protection of the Constitutional Order and member of the
Bosnia-Herzegovina Presidency, spoke of the chaos in the legal
system of Bosnia-Herzegovina and said that this was due to the
coalition of the SDA and the HDZ in the republican government and
the interference of the Republic of Croatia. (M. Caric, Hrvatska se
grubo uplice u poslove suverene BiH ICroatia's Interference in the
Interna1Affairs of Sovereign Bosnial Politika, 14 May 1991, Annex No
223, pp. 150111502)
2.12.1.19.Alija lzetbegovic said in Sarajevo on 8 May 1991
that Sarajevo was a Muslim city. Shortly after, the Mayor of Sarajevo,
Dr Muhamed KreSevljakovic , went further and said that
Bosnia-Herzegovina was a Muslim country. These statements
naturally did not give the Serbs any reason to believe in the good
intentions of the SDA. (Izetbegovic demantuje Kljuica Ilzetbegoviccontradicts Kljuica 1 Politika, 9 May 1991, Annex No 224, pp.
150311 504)
2.12.1.20. Dobroslav Paraga a leader of ultra right-wing fascist
political forces, said that Croat companies were already allied with
Muslim forces on the Drina. (Mirko Caric, Pogledi uprti u BiH IEyes
Turned towards Bosnia-Herzegovinal Politika, 11 June 1991, Annex
No 225, pp. 150511506)
2.12.1.21. In protest against the conduct of Mr Izetbegovic,
the President of the Bosnia-Herzegovina Presidency, who made
statements without consulting the other members of the Presidency,
the Serb members lof the Presidency, Dr PlavSic and Dr Koljevic,
decided on 8 June 1991 to freeze their membership of the
Presidency. The SDS leadership decided on 10 June 1991 to deny
Mr lzetbegovic the right to represent the Serbs of
Bosnia-Herzegovina. This was the beginning of the departure of Serb
representatives from bodies of the government of Bosnia-Herzegovina
as a result of their isolation and marginalization by SDA and HDZ
representatives.
2.12.1.22. Croatia's armed forces shelled the town of
Bosanska GradiSka from the territory of the Republic of Croatia.
Again there was no reaction from the republican government of
Bosnia-Herzegovina. (DuSan Kecman, Veliki ratni okrSaj na Savi /Big
Armed Clash on the Saval Politika, 19 August 1991, Annex No 226,
pp. 1507/1508-1509)
2.12.1.23. Forces of the Croatian Ministry of lnternal Affairs
and the Croatian National Guard shelled the town of Bosanska
Kostajnica from the Choatianterritory. Dragan Borojevic, aged 30, and
Nedeljko Prohic, aged 28, were killed in the attack. SDA and HDZ
representatives in the republican government in Sarajevo deliberately
ignored Serb demands that the Croatian leadership be warned against
attacking Bosnia-Herzegovina. (D. Kecman, Ponovo napadnuta
Bosanska Kostajnica IBosanska Kostajnica Attacked Againl Politika, 1
September 1991, Annex. No 227, pp. 1510/1511)
2.12.1.24. At a press conference held in Sarajevo on 5
September 1991, the SDS leaders issued an appeal to the Ministry of
lnternal Affairs of Bosnia-Herzegovina to cease its activities against
the JNA. (Muharem Duric, Protiv haosa u BiH IAgainst Chaos in B-Hl
Politika, 6 September 1991, Annex No 228, pp. 1512/1513)
2.12.1.25. Through the Ministry of the lnterior of B-H, SDA
intensively worked or1 preventing recruitment in JNA and on forming
one-nation police forces. JNA officers continuously receivedthreateniny phone calls. (D. Kocic, Prete ruSenjem mosta kod
Zvornika IThreats to Destroy Zvornik Bridge/ Politka, 29 September
1991, Annex No 229, pp. 151411515)
2.12.1.26. Dr Biljana PlavSic and Dr Nikola Koljevic stated in
a letter addressed to the Hague Peace Conference that Alija
lzetbegovic could not represent the Serbs from B-H.
2.12.1.27. The President of Bosnia-Herzegovina, A.
izetbegovic, proclaimed Bosnia-Herzegovina's neutrality in the conflicts
in Croatia on 7 October 1991. He behaved as if the Socialist
Repubfic of Bosnia-Herzegovina was an independent and sovereign
state, although it was not. Dr Radovan Karadiic, MomCilo KrajiSnik,
Dr Biljana PlavSic, Dr Nikola Koljevic and Vojislav Maksimovic, issued
a statement on behalf of the Serbian people condemning that act and
poinling to its unconstitutionality. They stressed that B-H was not an
independent state, and therefore, could not claim neutrality. They also
said that .Alija Izetbegovic's appeal to conscripts not to respond to
mobiiization calls constituted a severe violation of the law.
(Predsednik PredsedniStva BiH povredio Citav niz ustavnih i zakonskih
normi iPresident of the B-H Presidency Violated Several Constitutional
and Legal Provisions1 Politika, 8 October 1991, Annex No 230, pp.
151611517-151 8)
2.12.1.28. A session of the republican parliament was held in
Sarajevc on 14 October 1991. At the proposa1 of the SDA, the
incomplete Parliament of theR Bosnia-Herzegovina adopted a
Memorandum (Letter of Intent) on the sovereignty of the republic and
a Platform on the Status of Bosnia-Herzegovina and the Future
Set-up of the Yugoslav Community proposed by the republican
Presidency. These documents were not supported by the SDS and
SDS members did not take part in these decisions. The documents
were not subjected to the procedure envisaged in para. 10, Article
LXX of the 1990 Amendment to the Constitution of SR B-H, which
means that they were not reviewed or proposed by the Council for
National Equality. Bearing in mind that the three leading parties could
not agree on these documents, and that the procedure regarding the
Council for National Equality was not observed, MomCilo KrajiSnik,
Presiderit of the Assembly and SDS deputy, concluded the Assembly
session after which SDS deputies withdrew. At the proposal of lrfan
Ajanovic, the then Vice President of the SFRY Assembly and one of
the SDA leaders, the Assembly continued its work although there was
not a sufficient number of deputies present, and adopted the
rnentioned documents. (Memorandum-pismo O namjerama, Sluibeni
list SocijalistiCke Hepublike Bosne i HercegovinelMemorandum-Letter
of lntent-lofficiaGazette of SR BiH, No. 32, 16 OMober 1991, i
Platforma o poloiaju BiH i buducem ustrojstvu jugoslovenskezajednice iPlatforrn on the Status of B-H and the Future Set-iip o: the
Yugoslav Cornmunityl 54315, Annex No 231, pp. 151 9.1520/1521-
1523; Muharem Duric, Mirko Caric, Bosna se podelild /Borna Divicresl
Politika, 16 Octobeir 1991, Annex. No 232, pp. 1521i:525.1527
Bosnia-Herzegovina, Defence and Foreign Affairs Handbook~ i.r;;.., 2n,
1994, p.135, Annex. 98)
2.12.1.29. At a press conference held in Sarajevc on 16
October 1991, the SlDS issued a proclamation to the Serh wjpilii in
Bosnia-Herzegovina. The proclaniation said that the parlia:nwtary
groups of the SDA aindthe HDZ attempted a coup d'etaton tne niqht
of 14/15 October 1991 by adopting unconstitutional decision? by
means of political terror, thus destroying the tradition of Swbs.
Muslims and Croats living together. That endanseri-! the
constitutionalorder and opened the door to lawlessness and chaos. If
the parliarnent of Bosnia-Herzegovina did not preserve the
constitutional order, .the Serb people would establish a leyal order
that was in accord wiith the SFRY Constitution, ensure resner.t fvr :he
federal constitution and federal laws, civil and natioriai .içi!t< and
organize its own legislative, executive and judicial a:rt-ori:ie:-to
which it had a right as a sovereign people. It aiso caicitiiat+IF_ierb
people would remain in Yugoslavia unless it decidecl ottie~urisi :!.a
referendum. (M. DuriiS, Nezavisnost BiH mimo volje srpskcg naroda
ISovereignty of B-H against Will of Serb People1 Politika tl October
1991, Annex No 233, pp. 152811529)
2.12.1.30. About 50,000 Serbs attended a meeting ir. Bûnja
Luka on 26 October 1991 protesting against the adopt!or of the
Memorandum and the Platform. Dr Nikola Koljevic çai.~ ~hît the
Serbs would organizi: a referendum on their staTe status rSrbi su
izabrali plebiscitTThe Serbs Have Chosen a Plebiscitel goiitik? 27
October 1991, Annex No 234, pp. 153011531 -1535)
2.12.1.31. Deputy Prime Minister of Bosnia-!ierzegovina
Muhamed Cengic viciited Turkish Prime Minister Suleyrnan Uemi:ei in
Ankara on 15 November 1991. Yugoslav diplomats were not aitcwed
to attend the meeting. (Cengic informisao Demirela O Bosr.;~:<;c?ngic
lnformed Demirel on Bosnial Politika, 16 Novernber 1991. Annex No
235, pp. 153611537)
2.12.1.32. JhIA pilot, Captain DragoS StojCinovic, was
kidnapped in Mostar on 28 November 1991 by a Croat paramilitary
formation. The police of Bosnia-Herzegovina were involved in the
kidnapping. Captain E;tojEinovicwas first taken to LiStica and then to
Split and Zagreb in Croatia. He was physically tortured and suffered
serious bodily injuries in these places. He was exchanged at Pleso
airport on 10 December 1991. (Statement of DragoS StojCinovic to theteam of experts for collecting and processing evidence on crimes
against humanity and international law, of 5 May 1994, Medical
Documentation, Annex No 236, pp. 1538-154211 543-1547, 1548-
1550/1553)
1.12.1.33. An explosive device was placed under the car of
the Editor of the Krajina newspaper "Glas", M.Mladjenovic, Secretary
for Information of the Autonomous Region of Bosanska Krajina. The
car was destroyed and windows of surrounding buildings were
shattered. Before that event explosive was placed under the car of Dr
Radislav Vukic, President of Bosanska Krajina SDS, and then in the
entrance hall of the building where Predrag Radic, Mayor of Banja
Luka, lived. (D.K. Na meti celnici SDS ISDS Leaders Attackedl
Politika, 1 December 1991, Annex No 229, pp. 1554/1555) In
December bombs were planted in restaurants owned by Serbs (D.K.
Tri diverzije u srpskim lokalima ~Three Sabotages in Serb-owned
Restaurants1 Politika, 15 December 1991, Annex No 238, pp.
1556/1557) Those sabotages were organized in order to bring
pressure to bear on Serbs in that part of B-H. The said events
significantly influerRed the political positions of the Serbs in B-H.
2.12.1.34. The adoption of the decision to hold a referendum
was a gross violation of the Constitution of the Socialist Republic of
Bosnia and Herzegovina. The 1990 Amendment LXX, para. 10, to the
Constitution of the Republic of Bosnia and Herzegovina provided for
the setting up of the Council on the Questions of the Realization of
the Equality of the Peoples and Nationalities of Bosnia and
Herzegovina. In Annex 2.5 to its Statement, the Applicant presented
the text of Amendment LXX, para. 10. However, only a part of the
text was presented. The most important parts of the text have been
omitted. In the Respondent*~ Annexes to Preliminary Objections, on
page 814, a photostat copy of the Official Gazette No. 21 of the
Socialist Republic of Bosnia and Herzegovina of 31 July 1990 was
presented in which Amendment LXX was published. The full text of
paragraph 10 of Amendment LXX reads:
"The Council on the Questions of the Realization of the
Equality of the Peoples and Nationalities of Bosnia and Herzegovina
shall be set up in the Assembly of the SRBH. As members of the
Council shall be elected an equal number of MPs from the ranks of
the members of the peoples of Bosnia and Herzegovina - Muslims,
Serbs and Croats, a corresponding number of MPs from the ranks of
the members of other peoples and nationalities and others living in
Bosnia and Herzegovina. The Council shall decide on the basis of
agreement between the members from the ranks of al1 peoples
and nationalities. The composition, scope and manner of work of the
Council shall be regulated by the law to be adopted by a Iwo-thirdmajority of the overall number of MPs in the Assembly of the
Socialist Republic of Bosna and Herzegovina.
"The Council shall consider in particular the questions related
to: the equality of Ianguage and script; organization and activities of
cultural institutionsiaving special importance for the expression and
affirmation of naticinal characteristics of individual peoples and
nationalities and the adoption of rules and regulations ensuring the
realization of the constitutional provisions which expressly establish
the principles of equality of peoples and nationalities.
"The Council shall necessarily consider the question of the
equality of peoples and nationalities at the initiative ofMPs in the
Assembly of the SRBH. If at least 20 MPs consider that the equality
of peoples and nationalities has been violated by proposed rules and
regulations or any other act, the proposal to be decided by the
Assembly of the SRBH shall be determined by the Council.
"The Assembly of the SRBH shall decide on the questions of
interest for the realizrationof equality of the peoples and nationalities
of Bosnia and Herzegovina at the proposal of the Council in a
special procedure established by the Rules of Procedure of the
Assembly of the SRBH by a two-third majority of the overall number
of MPs." (Annex 100) (Bold type is ours)
2.12.1.35. This was the most important constitutional provision
guaranteeing the eqiiality of the peoples and nationalities in Bosnia
and Herzegovina. This rule expressed the essence of the principle of
equality and self-determination of peoples in Bosnia and Herzegovina.
Accordingly, it was provided that the questions concerning the
equality of peoples be decided by agreement of an equal number of
representatives of al1 three peoples. Alija Izetbegovic rejected each
and every attempt ai: reaching agreement with the representatives of
the Serb people. 'The Constitution of Bosnia and Herzegovina
contained Annex IV to the General Framework Agreement for Peace
in Bosnia and Herzegovina, initialled in Dayton (Ohio) on 21
November 1995 and signed at Paris on 14 december 1995 provides
for essentially very similar solutions.
2.12.1.36. This constitutional principle was grossly violated by
the adoption of the decision on holding a referendum. "Osloboljenje"
(Liberation) is a daily paper published in Sarajevo, Bosnia and
Herzegovina. This is how "Oslobodjenje" of 26 January 1992 reported
on the adoption of the decision by the Assembly of the Socialist
Republic of Bosnia aiid Herzegovina on holding the referendum:
"The referendiim of the citizens of Bosnia and Herzegovina on
the future status of this Republic will be held on 29 February and 1
March 1992. The delcision on referendum was adopted unanimously
early yesterday morriing, after seventeen hours of discussion, by theParliament of the Socialist Republic of Bosnia and Herzegovina, but
without the presence of the MPs of the Serbian Democratic Party and
the Serbian Renewal Movement. All the 130 present MPs voted: the
MPs of the Party of Democratic Action and the Croatian Democratic
Union, as well as the MPs of the opposition bloc, except the Liberal
Party.
"The decision on referendum in Bosnia and Herzegovina was
adopted at the extended session of the Parliament presided over by
the Vice-President of the Parliament of Bosnia and Herzegovina,
Mariofil Ljubi.He was entrusted with this task at the request of the
Club of the MPs of the Party of Democratic Action which al1 MPs
present in the conference room supported by voting. Before that, the
President of the Parliament of the SR of Bosnia and Herzegovina,
Morn ilo Kraji nik, adjourned the session for the following day after
the last interruption of the session he had presided over (stating that,
according to the Rules of Procedure, the conditions for the
continuation of the work had not concurred).
"This turnabout was due to the failure of the three ruling
Parliamentary parties to agree on the agenda supplement, i.e the
introduction of the proposal of the Presidency of the SR of Bosnia
and Herzegovina to adopt at this session the decision on a
referendum of citizens. Many consultations were held because of
which the session was frequently interrupted andeach time when the
session was resumed it seemed that a solution was in sight.
Particularly so in midnight hours when the Deputy Prime Minister of
Bosnia and Herzegovina, Muhamed tengic, proposed that 'first a
detailed plan of the regionalization of the Republic be worked out and
that only then a referendum be organized', but within a fixed period,
to which the leader of the Serbian Democratic Party, Radovan
Karadiic, who at one moment found himselfat the rostrum together
with Cengic, also agreed.
"We have never been closer to an agreement than this time',
said Karadiic to the applause of the MPs. The next interruption
brought about another turnaround. Vlado Pandiic, Chairman of the
Club of the Representatives of the Croatian Democratic Union, also
said that he was glad that the agreementon a referendum was about
to be reached. Only when Radovan Karadiic requested that the
regionalization obligation be defined in a new constitution act (first
regionalization, and then referendum), the President of the Party of
Democratic Action, Alija Izetbegovic, rejected any conditions regarding
the referendum and said: 'We stick to what we have already
proposed, and as far as discussion is concerned we can accept it'.
Leaving the rostrum he criticized Kraji nikfor the way in which he
conducted the session.
"At that moment it was obvious that al1hopes for a successful
outcome of the ~aradiic-Cengic agreement had failed. Vojislav
Maksimovic. Chairman of the Club of the MPs of the SerbianDemocratic Party said that any further discussion was purposeless
and proposed, on behalf of al1 the MPs of the Serbian Dernocratic
Party, that the proposal to take a decision on the referendurn of the
citizens be forwarded to the Council for Inter-Ethnic Equality. At this
point this session of the Parliament was concluded for the MPs of
the Serbian Dernocratic Party who, together with President KrajiSnik,
left the conference room. It was exactly 3.30 a.rn."
By refusing to respect the request of the Serbian MPs to
have the said Ccluncil declare itself on the question of the
referendurn on independence, the Assembly of Bosnia and
Herzegovina grossly violated the constitutional provisions contained in
Amendrnent LXX to the Constitution of the SRBH.
2.12.1.37. After the decision of the Parliament of the Serb
people in Bosnia-Herzegovina to forrn the Bosnian Serb Republic,
Alija lzetbegovic threatened the Serbs in a TV news broadcast that
they would see a repetition of the exodus which they had suffered in
Croatia.
2.12.1.38. On the day of the Muslirn-Croat referendurn on an
independent state of Bosnia-Herzegovina, 1 March 1992, there was
an arrned attack on a Serb wedding party in Sarajevo. Nikola
Gardovic, the bridegroorn's father, was killed, and the priest Radenko
Mirovic was wounded in front of the Orthodox church in the Ba3
CarSija in the centre of Sarajevo. They were both Serbs. Suad (of
father Harndija) Sabanovic, a Muslirn, lgor (of father Zvonirnir) Dodig,
a Croat and Muharned (of father Emin) ~vrakic, a Muslirn carried out
the attack. The attackers tried to seize the Serbian flag carried by the
bridegroorns brother. It is a Serb custom to carry national flags at
weddings. When the father tried to protect his son the attackers
opened fire. Under the circurnstances of the referendum on
independence that attack symbolized the future fate of the Serb
people in B-H. This isttack triggered the inter-ethnic arrned clashes in
Bosnia-Herzegovina. (Ubistvo na BaS CarSiji IMurder in Bal: CarSija/
Politika, 2 March 1992, Annex No 239, pp. 155811559, Bosnia-
Herzegovina, Defence and Foreign Affairs Handbook, London, 1994,
p.135, Annex No 98)
2.12.1.39. Barricades were erected in Sarajevo after the
murder of Nikola Gardovic. After the agreement between Dr Radovan
Karadiic, Alija lzetbegovic and JNA General Milutin Kukanjac,
barricades were rernoved and crisis areas put under the control of
rnixed rnilitary and police patrols. On the night of 3 March 1992
arrned Muslirns erected barricades in the part of the town where they
constituted a majority. This was despite Alija Izetbegovic's promise
that the blockade would not happen again. There were several
murders of both Serbs and Muslims. (M. Carié, M. Duric, Novenapetosti IRenewed Tensions1 Politika, 4 March 1992, Annex No 240,
156011561-1562, M. Duric, Bosna: Dogovor u poslednji Cas IBosnia:
Last Minute Agreement, Annex No 241, pp. 156311 564-1567)
2.12.1.40. About 50,000 SDA and HDZ members were armed
in March 1992. Their formations were called the "Green Berets", the
"Flying Pals" and the "Hanjar Division". The Turkish newspaper
"Hurriyet" carried two reports from Sarajevo and Bosnia-Herzegovina
on lslamic commandos who were preparing for war in
Bosnia-Herzegovina. The paper called the commandos "The lslamic
Rambos of Bosnia". The reporter Muammer Elveren visited the
"Green Berets" Headquarters in Bosnia and described their arms,
clothes and training. (Muammer Elveren, lslamic Rambos, Hurriyet, 30
March 1992, Muammer Elveren, Password of Rambos
Selamunaleykum, Hurriyet, 31 March 1992, Annex No 242, pp.
15681569 - 157011571-1572, Radovan Pavlovic, Pod oruijem 50.000
Clanova HDZ i SDA 150.000 Members of HDZ and SDA Are Armedl
Politika, 4 March 1992, Annex No 243, pp. 157311574-1575)
2.12.1.41. Serbs were fleeing from B-H to Serbia. In April
1992 tens of thousands of refugees from 6-H arrived in Serbia.
(Mirjana Kuburovic, Rata se svi plaSe IEverybody Is Afraid of Warl
Politika 7 April 1992, Annex No 244, pp. 157611577-1579)
2.12.1.42. The SDS leader Dr. Karadiic, the SDA leader Alija
lzetbegovic and the HDZ leader M. Brkic signed a Declaration on
Humanitarian Treatment of Displaced Persons in Sarajevo on 11 April
1992. The Declaration stated:
"Considering the particular problems of displaced persons in
Bosnia-Herzegovina,
"Acknowledging that they were compelled to leave their homes
as a result of the conflict tension which affect the neighbouring
republics and some areas of Bosnia-Herzegovina and which continue
to generate new displacement ...
(........)..
"To support the initiative to establish a tripartite commission
between the Republic of Croatia, the Republic of Bosnia and
Herzegovina and UNHCR to define principles, guarantees and
procedures aimed at facilitating the return of displaced persons to the
Republic of Croatia ..."("Sarajevo Declaration of the Humanitarian
Treatment of Displaced Persons", Sl23836, p. 12, Annex No 245, pp.
1580-1581)
The Declaration bears witness to the fact that the first victims
of ethnic cleansing were Serbs. The term "neighbouring republics"
could refer only to Croatia, and the term "some areas ofBosnia-Herzegovina" could only refer to Western Herzegovina from
where Serb villagers had been expelled.
2.13.1. The Situation in the Communes of Sarajevo, ViSegrad
and Tuzla prior 1:othe Outbreak of War
2.13.1.1. This section gives a survey of the events which took
place in three cities in Bosnia and Herzegovina - Sarajevo, ViSegrad
and Tuzla and shows how the Muslim side prepared the war by
political and military ineans, long before the beginning of the armed
conflicts in Bosnia and Herzegovina. It also shows the harassment
and ill-treatment to which the Serbian population was exposed in
these cities. The Respondent opted to present a detailed survey of
the situation in these three cities because, i. a. of the following
reasons:
- Sarajevo represented the headquarters in which the plans
were elaborated and the preparations made for the forcible and
unconstitutional secession of Bosnia and Herzegovina from the SFRY,
and the center in which the illegal armament of Muslims was
organized. All this was accornpanied by vacious forms of intimidation
of the Serbian population.
- ViSegrad was taken as a characteristic example of the
atmosphere created by the Muslims, lead by the leaders of the SDA,
in the cities on the border between Bosnia and Herzegovina and
Serbia.
- Tuzla was selected in order to show the falsehood of the
picture created in the world public by some Muslirn and other media,
pretending that the sufferings of the local Serbs were avoided thanks
to the Muslim leadership.
2.13.2. Sarajevo
2.13.2.1. Even before the beginning of the war conflicts, the
Muslim and Croatian representatives of the authorities in Sarajevo
and various illegal military organizations acted in concertation on the
preparation of the forcible unconstitutional secession of Bosnia and
Herzegovina from the SFRY, They started, together, to commit crimes
against the Serbs, who represented an obstacle to the achievernent
of their political goals. SDA, as the party in power, established anillegal military organization, the Patriotic League. One of the founders
of that organization was Munib Bisic, then Vice-minister of defense of
the 6-H, while Alija Izetbegovic also confirmed his participation in the
organization of the Patriotic League.
2.13.2.2. Contrary to the amendment LXlX to the Constitution
of Bosnia and Herzegovina (from July, 1990), which prohibited
political organization and acting directed to the imperilrnent of the
territorial integrity of the SFRY, the Muslims in the6-H, together with
the Croats, prepared themselves, militarily and politically for the
forcible secession of Bosnia and Herzegovina from the SFRY.
The Muslirn Party of Democratic Action formed the Patriotic
League as its military wing. The establishment of the Patriotic
League, as illegal rnilitary organization,started in April, 1991.
According to his own statement, Munib Vasic, then Vice-minister of
defense of B-H made, together with Sulejman Vranja and some
other Muslims, the Instructions for the Organization and Activities
on Field, relying rnainly on the people from the Party of Democratic
Action. The Organization was named the Patriotic League. Sefer
Halilovic (later Chief of the Headquarters of the Army of the so
called B-H and Rusmir Mahmutcehajic "political-ideological designer"
of the SDA also took part in the foundation and organization of the
Patriotic League.
Evidence: Committee 308196, 198197, 407196 (Annex No 246, pp.
158211-1582195)
2.13.2.4. In May and June, 1991, in Sarajevo, one unit of the
"Green Caps", still in civilian clothes, prepared itself for handling
armarnent in the cinema theater of the House of culture Bistrik
(Dragica Pravica street). The training was secret, in the late hours of
the evening, and they took special care not to let uninvited perçons
into the hall.
Evidence: Committee 175197-3
2.13.2.5. Although the Ministry of the lnterior of Bosnia and
Herzegovina was forrnally a united state institution, its activitiewere
subordinated to the interests of the Muslim-Croatian option. The
Chief of the Ministry was Alija Delimustafic, nominated Minister, aformer policeman, fired because of some malversations. He had
founded, with his brothers, the Company "Ceneks", which was
involved in coffee, tobacco and foreign currency sniuggling, and
which also imported illegally arms for the Muslims. Delimustafic gave
a big cash donation to the SDA, and Izetbegovic nominated him,
when he took power, Minister of the Interior.
The Deputy Minister of the Interior, Vitomir Zepinié, a Serb,
had no influence whatever on the activities of the Ministry, especially
because of the fact that Branko Kvasic. a Croat, was the Chiei of !.he
State Security.
The Chief of .the Center of Security Services of the City of
Sarajevo was Bahir Alispahic, a man close to Alija lzetbegovic
Munir Alibabic was the Chief of the State Security in the
Center of Sarajevo, Mirsad Srebrenkovic - Vice-minister of the
Interior, Jusuf Pusiria - Vice-minister of State Security jafter
Delimustafic he was nominated Minister of the Interio!) and kvdo
Hebib -Vice-minister of police.
Evidence: Committee 407196 and 162196-5 (Anriex No 247, pp.
1582196-15821129)
2.13.2.6. Before the outbreak of war, Hilmo Selimovic, who
was in direct contact with Alija Izetbegovic, was nominated Chief of
the Personnel Service of the Ministry of lnterior of the 5-H.
Selimovic fired, in summary procedures, personnel of Serbian
nationality, and placecl, with no procedure at all, people frorri the SDA
on leading positions.
Evidence: Committee 162196-5
2.13.2.7. By the end of 1991 and by the beginning of 1992,
at the time when Ali,ja Delimustafic was Minister of the Iriterior, the
work on the discovery and reporting of the criminai activities
connected to the SDA and HDZ was prohibited.
In the second half of 1991, a private enterprise, under the
pretext of collection of payments for automobiles, took in a fraudulent
way an amount of some 6 million DEM, and gave that money to the
Party of Democratic Action for the purchase of armament in Slovenia.
This criminal activity was never reported to the competent public
attorney, and the work of the investigators was discontinued. Munib Alibabic, as the Chief of the State Security, also
stopped the activities of the organs of the interior, directed to the
discovery of the criminal activities for the benefit of the SDA, and
especially to the purchase of arrnarnent. Sorne of the participants in
the illegal purchase of arrnarnent were discovered and arrested, but
they were irnrnediatelly released.
Evidence: Committee 162196-5
2.13.2.8. A long tirne before the international recognition of the
B-H, the "Green Berets" took over the security of the highest
institutions of the B-H: The Parliarnent, the Presidency, the
Government and the Ministry of Interior, and the Radio-Television and
other institutions of public information in Sarajevo.
By the beginning of January, 1992, under the excuse of
security, the "Green Berets" occupied the prernises of the RTV
Sarajevo (before that, the security was assured by the Ministry of
Interior). They searched people, made lists of undesirable Serbs and
rnistreated thern.
Thus the RTV Sarajevo becarne the rneans of Muslim
propaganda in the preparation of the forcible secession from the
SFRY and the creation of an independent state, in accordance with
the policy of the SDA.
Zdravko Sipka, Chief of the Security of the RTV tried to
resist, and was liquidated by the "Green Berets" in the spring of
1992.
At that time, Sarajevo was full of people in uniforrns "Green
Berets" and of civilians - Muslims and some Croats -with arms they
carried publicly.
The "Green Berets" consisted mainly of the pre-war crirninals
whose sentences were abolished under the condition that they join
that illegalnilitary organization.
Thus Esad Osmanbegovic, the Director of the Central Prison
in Sarajevo released 69 Muslim prisoners in March 1992, and
distributed rifles frorn the warehouse of the prison to thern.
Evidence: Cornrnittee 407196
2.13.2.9. At the meeting of the College of the Military District
and of the rnernbers of the Presidency of 6-H on January 20, 1992,the representative of the Military Command informed the members of
the Presidency about the establishment of the Military District and
pointed out that it is the duty of the army to defend the State of the
SFRY, emphasizing that the JNA does not admit violence and that
politicians should decide on the future of the country.
That attitude met a strong reaction by the Croat and Muslim
members of the Presidency. Alija lzetbegovic said that nobody asked
them about the establishment of the Military District, and that he did
not accept Yugoslavia, 'Yor it does not exist anymore". This was a
long time before the referendum on the secession of the B-H from
the SFRY which took place on February 29, and March 1, 1992, and
before the international recognition of the B-H on April 6, 1992).
Evidence: Committee 174197 - 1 (Annex No 300)
2.13.2.10. On 1 March 1992, when the referendum for the so
called "lndependent and Sovereign" B-H took place (with the
participation of Muslims and Croats only), the first Serb was killed in
Sarajevo by the members of the illegal Muslim military formation, the
"Green Berets".
On that day, Nikola Gardovic had a wedding party of his son
Milan, and when the wedding guests, after the ceremony in the
church, started to lunch, they were attacked near the Town Hall by
armed Muslims who tried to seize from them the flag that was
folded around the pole. One of the assailants fired four shots on R.
M., while Ramiz Delalic called "~elo", a pre-war criminal, one of the
leaders of the "Green Berets" shot Nikola Gardovic, who died soon
afterwards. One of the assailants said to Serbs: "We will kill you all".
Some of the Serbs run after Delalic and other assailants, but
a uniformed policeman with an automatic rifle stopped them, instead
of taking the necessary measures to arrest those who committed the
crime.
Although that event created a great concern of the Serbs in
Sarajevo, no assailant was arrested for criminal procedure, while the
murderer of Gardovic, Delalic,later on a military commander in the
so called Army of Bosnia and Herzegovina, boasted with that
murder in front of the cameras of TV Sarajevo.
The above mentioned circumstances clearly show that it was
a premeditated criminal act, with the objective of frightening theSerbs, in the preparation of the forcible, unconstitutional secession of
the Bosnia and Herzegovina from the SFRY.
Evidence: Committee 390196,386196-19 (Annex No 248, pp. 158211 30
- 15821140),478196-20 (Annex No 249, pp. 15821141 - 15821151) and
478196-27 (Annex No 250, pp. 158211 52 - 15821171)
2.13.2.11. According to reliable knowledge of witnesses, there
was a plan to massacre the Serbs in Sarajevo during the night
between March 3 and 4, 1992.
When a representative of the Command of the JNA in
Sarajevo told Alija lzetbegovic that the Command has information
about such a plan, on that sarne night, Izetbegovic, Karadiic and
General Kukanjac addressed the people at the TV, asking them to
keep peace and order.
Evidence: Committee 174197 - 1
2.13.2.12. During the night between April 4 and 5, 1994,
around midnight, Mustafa Fejzic, encoder in the Liaison Center of
the Mol of the B-H, sent a special cable to the Stations of Public
Security in Sarajevo, at theorder of Avdo Hebib, Vice-minister of the
Interior.
lmmediatelly after thatable a policeman of the Police Station
KoSevo, Pero Petrovic, a Serb, was killed in the Police Station Novo
Sarajevo. He was in that station by pure chance ( he had arrested a
minor whom he caught stealing).
During that same night, some 150 members of the "Green
Berets" got uniforms and armament in the building of the
Emergency Service.
Evidence: Committee 162196 - 1
2.13.2.13. The organized character of the Muslim actions and
of their preparations for attacks against the Serbs is also shown by
the fact that on April 6, 1992, in front of thebuilding of the Ministry
of lnterior ofB-H in the BoriSe KovaEevica Street, arms were publicly
distributed to Muslims, at the presentation of identity cards (which
showed that they were Muslims). At that same day, identity cards of the Ministry of lnterior
were changed. The Muslims in the service got badges with names.
Serbs who worked in that same service were prevented from
entering the building by "Green Berets".
The "Green Berets" behaved in a similar way in other
institutions as well: on April 12, 1992, they disarmed a Serb, a high
official in the Assembly of the B-H, while he was leaving his office;
they bandaged his eyes and took him to a prison in which he was
kept for four days; on April 17, 1992, the door of the office of the
Vice Prime Minister Miodrag Simovic, a Serb, was riddled by bullets,
the office was ransacked and a some documents were taken away.
Evidence: Committee 407196
2.13.2.14. On April 15, 1992, a directive was sent, on behalf
of the Presidency of the B-H, to al1 municipal and district
headquarters of the Territorial Defense about the attacks against
the JNA and the military facilities. lnstead of Alija Izetbegovic, the
directive was signed by the Commander of the Territorial Defense,
Hasan Efendic. That directive says, inter alia: "Occupy immediatelly
the warehouses of armament and ammunition, block the barracks,
occupy the barracks and imprison the members of the JNA at the
territory of the B-H."
At the meeting of the Presidency of the B-H on April 17,
1992, the representative of the JNA asked for an explanation
regarding the directive, but got no reply, although the existence of
the directive was not denied.
This clearly shows that the top people of the Muslim-Croat
authorities in B-H were not ready to accept a peaceful solution for
the withdrawal of the JNA from B-H.
lnstead of a peaceful solution, the members of Muslim-Croat
military formations attacked the units and facilities of the JNA, and
the districts of Sarajevo populated mainly by Serbs. On April 22,
1992, there took place armed attacks of the "Green Berets" against
llidza and against the Military Command of the JNA in Sarajevo. 2.13.3 .iSegrad
2.13.3.1. ViSegrad, as a border city on the Drina river
separating Bosnia from Serbia was of special strategic importance to
the radical Muslims in Bosnia and Herzegovina in implementing their
plans for the creation of a Muslim state according to the ideas set
forth in the "lslamic Declaration" authored by Alija Izetbegovic, the
president of the Party of Democratic Action and the first president of
the Presidency of Bosnia and Herzegovina after the multi-party
elections.
2.13.3.2. The inhabitants of ViSegrad were predominantly
Muslims. According to the 1991 census, in the commuyie of ViSegrad
there were 13,316 (62.8% Muslims and 6,963 (32.8%) Serbs.
2.13.3.3. The events that will be described demonstrate that
the intention of the radical Muslims was to bring pressure to bear on
Serbs by ruthless physical and other forms of assaults so as to force
them to move out and thereby secure that area for the future Muslim
state. This area is also of particular significance for establishing a
link with the Muslim-populated District of Rashka (Sanjak) in Serbia.
2.13.3.4. The Party of Democratic Action was the direct
organizer and inspirer of various assaults on Serbs and of riots which
precluded the authorities, at the helm of which were as a rule
exclusively Muslims, from normally functioning. The authorities on
their part only formally initiated proceedings against the perpetrators
of such actions but those proceeding were never really carried out to
the full which only made the Serbs feel still less secure and more
endangered.
2.13.3.5. Attesting to the strategic importance ofSegrad from
the standpoint of the achievement of the objectives of the Muslim
Party of Democratic Action is also the fact that on 16 February, 1992
a Muslim religious meeting was held in this town devoted to methods
of struggle for establishing a Muslim state in Bosnia and
Herzegovina. This is at the same time testimony to the concerted
action of the religious and the political (state) factor in the activities
of the Muslims designed to create a state resting upon lslamic
foundations.
2.13.3.6.lmmediately after the outbreak of war, the Muslims
started killing Serb civilians, especially in villages, and committed
other acts of violence seeking to cleanse this area - as a border
area adjacent to Serbia -of Serbs. The situation in Wsegradbefore the outbreak of war
Acts of Wolence against the Serbs and Other Forms of Pressure
against the Serbs
2.13.3.7. The Muslim Party of Democratic Action (SDA) was
founded in ViSegrad on 2 August 1990. At the founding assembly the
radical Muslims stated that they were better prepared than they had
been in 1941 and that they would not allow that which had ostensibly
happened to them in World War Two to happen to them again, as if
it was they who had been victimized, although in reality many of
them had been guilty of crimes committed within the framework of
the so-called lndependent State of Croatia. Alija Izetbegovic and
Sulejman Ugljanin (leader of radical Muslims of the Rashka region,
Serbia) visited ViSegrad on that occasion and spoke at the Culture
Centre. At that meeting the idea was launched that funds should be
raised to erect a monument to Muslim victims fallen in World War
Two.
2.13.3.8. Fikret Cocalic was elected SDA president for
ViSegrad and Avdija Sabanovic was elected his deputy.
2.13.3.9. In November 1990 multi-party elections were held
and the Muslirns won a majority in the assembly of the commune.
Fikret Cocalic was elected president of the Assembly.
2.13.3.10. At its first session, the Assembly, thanks to the
Muslim majority, illegally changed the Statute of the Commune (failing
to abide by the prescribed procedure) by abolishing decision-making
by a two-thirds majority and introducing decision-making by a simple
majority on al1issues falling within the purview of the Assembly. This
made possible for the Serbs to be outvoted in respect of al1
questions and for decisions to be adopted to satisfy the interests of
the Muslims.
2.13.3.11. The said Avdija Sabanovic behaved particularly
arrogantly in the Assembly. He levelled threats at the Serbs and
cursed at them while telling them that they should toe the line and
behave as they were told or else go to Serbia and there do whatever
they felt like.
2.13.3.12. The Public Security Station headed by the Muslim
Seval Murtic provided only rneager, vague information playing down
the Muslim provocations of and assaults on Serbs, which information
was then adopted by the Assembly thanks to the Muslim majority to
the detriment of the Serbs. 2.13.3.13. When the Assembly discussed the interception of
military personnel carriers by the Muslims in September 1991, the
Muslim deputies blamed journalists from Serbia for writing about it.
Sneiana NeSkovic, a deputy representing the Serbs, came out
against this view. When she said that it had not been journalists that
had intercepted the personnel carriers, she was verbally abused and
attacked by Avdija Sabanovic who told her to "take care" if anything
at âII should happen to his brother Murat Sabanovic, "if a hair on his
head was harmed" (the ringleader of many aggressive actions
undertaken by Muslims in Visegrad).
2.13.3.14. At the initiative of the Muslims the Assembly
embarked on a debate on the construction of a road to tepa so that
this area, too, could be connected to Sanjak (the Rashka in Serbia).
2.13.3.15. During the session of the Assembly, Murat
~abanovic stood armed at the door, and later 15-20 of his men,
armed with no less than machine guns and automatic rifles "secured"
the Assembly building. This directly caused, in December 1991, the
Serb deputies to leave the Assembly in which decisions were being
adopted contrary to theirwill anyway.
2.13.3.16. In January 1992 the Serbs founded their own
Assembly so as to organize their life under conditions of threats on
the part of the Muslims.
Evidence: Statements of witnesses No. 678195-23, (Annex No
251, pp.15821172 - 15821187), and 678195-24 (Annex
No 251a, pp. 15821188 - 1582/197),
2.13.3.17. Towards the end of 1990 the Muslims' intolerance
of the Serbs became ever more manifest, involving numerous
assaults, threats, provocations, maltreatment and physical attacks,
and i? escalated until the war broke out. The Muslims publicly
displayed their chauvinistic feelings and accentuated their religious
affiliation by wearing green clothes, brandishing Muslim flags and
other religious emblems. In Medjedja and in other places they built
new mosques, they established Muslim schools in villages and
organized religious instruction. An increasing number of Muslims
started to Wear fatigues and caps with golden lilies on them.
2.13.3.18. Aggressive Muslim groups increasingly used arms
to intimidate Serbs or directly attack them. They went on shooting
rampages in the town of ViSegrad in a show of force. Being in fear
for their lives, the Serbs went out in the streets seldom, especially
women and children. 2.13.3.19. lmmediately before to the outbreak of war Muslims
organized rallies for a sovereign Bosnia and Herzegovina.
Motorcades of taxi cabs and other cars with their horns blaring
carried Muslim flags and had posters affixed on them "for a sovereign
Bosnia and Herzegovina". Numerous attacks on Serbs shall be
described in more detail.
Evidence: Statement of witness No.678195-23 and 24.
2.13.3.20. During the multi-party elections the Muslims also
demonstrated their chauvinism. Thus Murat Sabanovic with another
three Muslims wrote in green oil paint "SDA democracy" at the
entrance to the office building and on the doors in the corridors of
the enterprise "~umarstvo" (Forestry) in ViSegrad. There was a
marked change in thle behaviour and style of dress of the Muslim
population who increasingly wore green.
2.13.3.21. When in the spring of 1991 Stanko Pecikoza, of
Serb nationality, tried to persuade the Muslims to let the passengers
of a bus from Serbia get out, the Muslims set out to beat him. Kasim
Feric, a Muslim said: "Not a single Serb shall cross the Drina river
ever again, f..their Serbian mothers!
Evidence: Staternents of witnesses Nos.678195-9 and
678195-5. (Annex No 251b, pp. 15821198 - 15821205)
2.13.3.22. On 14 December 1990, the Muslims Ramo
Kahriman and Senad Kahriman, without any reason or cause,
physically attacked the Serb Stanko PeruniCic, the production
manager of the enterprise "Varda" in ViSegrad, in his office. Ramo
caught him by the head and hit him while Senad pounded him from
the back and they inflicted light bodily injuries on him in the form of
scratches and abrasions.
Evidence: 2591'95-41
2.13.3.23. On 21 January 1991 in ViSegrad, in the catering
establishment called "AB", Zahid Hurem, Kemal Hurem and Jasmin
Smajic physically attacked the Serb SaSa Radovanovic from ViSegrad.
They hit him on the body with their hands and with bottles and
kicked him with their feet inflicting light bodily injuries on him.
Evidence: 279r'95-10
2.13.3.24. On 5 April 1991, the Muslim Kemal Sadikovic from
ViSegrad, in a drunken state, attempted to rape the mino: D.S. ofSerb nationality in his car, whom he knew from before and who
boarded his automobile in the belief that she would come to no
harm.
Evidence: 279195-44and 673195-1 6.
2.13.3.25. On St. George's Day, 6 May 1991, radical Muslims
erected barricades in a number of places in ViSegrad and manned
various posts with guards. The witness Mladen DragiEevic and
several policemen went to inspect a number of spots to ascertain the
situation, but the Muslims would not let them enter DuSEe, Dobrun
and Bikavac. Such actions on the part of the Muslims were organized
by Avdija Sabanovic (deputy president of the SDA in ViSegrad and
deputy to the Communal Assembly) and his brother Murat Sabanovic.
In order to create an atmosphere laden with tension and provide
formal justification for their moves, the Muslims spread the falsehood
that Vojislav SeSelj with about 200 members of his Party had set out
from Serbia towards ViSegrad. The night between 6 May and 7 May
was used to additionally arm the Muslims.
The witness later found out that this had been a trial
mobilization of the Muslim Patriotic League -the Green Berets - a
paramilitary organization.
Evidence: Statements of witnesses Nos. 678195-12, 678194-24
and 678195-22 (Annex No 251c, pp. 15821206 -
158212220)
2.13.3.26. In the spring of 1991, in ViSegrad, a group of
Muslims pushed a drunken Muslim.youth in front of Spaso DjuriC, a
Serb, as the latter was driving a taxi, so that Djuric barely avoided
hitting the Muslim, and then they physically attacked him for
ostensibly threatening the life of a pedestrian Muslim.
2.13.3.27. The recognition of Bosnia and Herzegovina by
Turkey was a very festive occasion celebrated by the radical Muslims
of ViSegrad. In that connection Spaso Djuric told a fellow taxi driver,
Bahro Velagic, that war was much more likely than the creation of a
single State of Bosnia and Herzegovina, to which the latter replied: "1
am now glad that I have got myself a Kalashnykov".
2.13.3.28 The radical Muslims would often Say that they were
the majority people and that the Serbs had no business being in
Bosnia and Herzegovina.
Evidence: Statement of witness No. 809195-6. 2.13.3.29. On 14 June 1991 members of the SDA blocked
the Public Security Station in ViSegrad. The assembled crowd of
Muslims prevented the policemen from entering or leaving the
building. Murat Sabanovic and Zijad SubaSic prevented the
policeman Avdo Smajlovic from standing guard in front of the
entrance to the building. Grabbing his automatic rifle, they forced their
way into the building with a group of Muslims. They demanded the
immediate release of the Muslim Nermin Sisic who had been
detained for interrogation because he had cut sections of old bridges
and sold them at the junkyard.
Evidence: 279195-7, 279195-45 and 678/95-11. (Annex No
251d, pp. 15821220 -15821227)
2.13.3.30 In mid-1991, in DuSEe near ViSegrad, Muslims
belonging to the group led by Murat Sabanovié intercepted a bus
operated by the "Raketa" transport service from Uiice and beat up
the driver and several passengers. They also threatened them with
the weapons they were holding. The driver was incapacitated for
further work so that ânother one had to be called from Uiice to take
over.
Evidence: Statements of witnesses Nos. 552194-3, 678195-22
and 23 and 673195-22.
2.13.3.31. The Serbs in ViSegrad and in the entire former
Bosnia and Herzegovina were particularly upset by the vandalistic
demolition of the monument to the Serb Nobel Prize winner writer Ivo
Andric, by the Muslims on 1 July 1991 around 5,00 p.m. in Liberation
Square in ViSegrad.The monument was torn down by a group led by
Murat Sabanovic following instructions from the SDA (Murat
Sabanovic is the brother of Avdija Sabanovic, vice-president of the
Party of Democratic Action for ViSegrad).
Sabanovic severed by a sledge hammer a part of the head
and a chunk of marble of the monument which he then threw into
the Drina river. He then pushed the rest of the monument down while
the others were securing the scene. Fadil HajderbaSic recorded the
event with a movie camera and the video-cassettes were later sold.
2.13.3.32. This action was preceded by vituperative and
insulting articles about Andric in the lslamic paper "Novi Vox"
published in Sarajevo. The cover page of this paper showed a
caricature of Andricimpaled on a pencil, an allusion to impalement
on a stake, the typical Turkish way of killing Serbs during Turkish
rule, which Andric described in his books. 2.13.3.33. The text about Andric by Nihad KreSevljakovic was
entitled "lvo Andric -the Marquis de Sade of Our Literature" with a
caption: "What I have read, experienced and heard so far in
Herceg-Bosna will suffice to cal1 Andric, who perhaps is a great
writer, a petty man, a poisonous grain, a person who did not have
even a modicum of love for his fatherland."
2.13.3.34. The text quotes articles from the paper "Bosanski
pogledi" (Bosnian Views) from March 1961 stating that the books
"The Bridge on the Drina" and the "Travnik Chronicles" were written
solely for political and chauvinistic reasons, so as to attribute to the
Muslims during Turkish times the crime of genocide and brutality and
at the same time justify the crimes of the Chetniks committed on a
massive scale against the Muslim population during the war. Andric is
allegedly ascribed historical falsehoods about Bosnia and showered
with the worst of abusive language. ("can it really be that the
beautiful, endearing and peaceful Bosnia engendered such a
blackguard?)" Before this incident professor Muhamed Filipovic had
stated that Ivo Andric had done more harm to the Muslims in Bosnia
than any army that had ever run through its territory. But, Ivo Andric
is a Nobel prize winner for literature. It could be hardly acceptable
that the Nobel prize winner is a partisan of chauvinism.
Evidence: 203195 and 279195-32 and 33.
2.13.3.35. In the second half of July 1991 Avdija Sabanovic
came to the office of the witness in the enterprise "Sumarstvo" in
ViSegrad and first reprimanded him for having said that he - Avdija
and his brother Murat Sabanovic had demolished the monument to
Ivo Andric in ViSegrad and then added that the Muslims accounted
for 70% of the city's population and that he had better "keep his
mouth shut or else", and also that there was hajduk (brigand) blood
in his family.
To the witness' comment that their behaviour towards the
Serbs was Ustashi-like, Sabanovic replied "1 am an Ustashi and
proud of it. I have killed and I will kill". He threatened the witness
that he would kill him and that there would be no one to see it, and
that then he would defecate on him.
The next day Murat Sabanovic came to the office of the
witness and also threatened to kill him, saying that if he did not do it
then and there he would certainly kill him within 5 or 6 days, that
he would gun him down with an automatic rifle, that he knew where
his house was and that the witness was as good as dead.
When the witness reported this incident at the Public Security
Station, the superintendent Murtic (a Muslim) promised personal
security to the witness but did not Say that any action would be
taken against the attackers. The witness was also harassed by telephone so that he had
it disconnected for a while. He experienced al1 this as pressure,
which other Serbs were also subjected to, to move out of ViSegrad.
Evidence: Statement of witness No. 678195-5.
2.13.3.36 On 27 July 1991, in the village of Prelovo (where a
memorial tomb of Serbs fallen in World War Two is located), radical
Muslims provoked a fight during a local football match. On that
occasion they beat up the Serb Z.P.
Evidence: Statement of witness No. 678195-23.
2.13.3.37. On the eve of St Elias' Day, on 1 August 1991, the
group of Murat Sabanovic intercepted in ViSegrad two buses from
Serbia with mainly women and children aboard, travelling to
Montenegro, to attend a religious ceremony in the Monastery of
Ostrog. Under the sweltering summer Sun they kept the passengers
inside the buses for seven or eight hours. Around 2,000 radical
Muslims gathered around them, many of whom maltreated and
showered abuse at the Serb passengers. They proclaimed the church
flag the passengers were carrying a Chetnik one and tore it to
pieces. Only in the evening did they let the passengers return to
Serbia, not allowing them to proceed to their destination.
Evidence: Statements of witnesses Nos. 678195-22and 23.
2.13.3.38 In August 1991 a leaflet was circulated among the
Muslims in ViSegrad stating: "lt is obvious that we can no longer live
at peace with the Serbs and that the crisis that we find ourselves in
cannot be resolved as long as there is a single Serb living in Our
Republic. We therefore have to do everything in Our power to get rid
of them as soon and as efficiently as possible. Before we resort to
the last argument - arms, we shall try to employ some subtler
methods ..."Twenty points followed the statement with recommended
action for the Muslims. Inter alia: "Smash their car windows and the
windows of their houses"; "Throw garbage on their doorsteps";
"Urinate in their entrance halls";"Mark their houses or flats"; "Write
threatening graffiti on their houses or churches", and similar.
Evidence: 279195-21and 673195-5.
2.1.3.39. In their intimidation and persecution of Serbs, the
Muslims cf ViSegrad were particularly aggressive in September 1991.
On 20 September 1991, Murat Sabanovic and his brother
Avdija Sabanovic, leading a group of radical Muslims, erected
barricades in the streets of ViSegrad and intercepted a convoy ofmilitary vehicles and personnel carriers as well as other vehicles.
Avdija Sabanovic intercepted a mixer truck, sent the driver out and
blocked the road with the vehicle.
A large number of radical Muslims assembled around the
vehicle. They cursed at the soldiers and threatened them. Ermin
Velagic dragged one of the soldiers towards the assembled crowd as
Murat Sabanovic pulled at the soldier's automatic rifle trying to wrest
it from hirn and when some policemen tried to stop hirn he cocked
his pistol and pointed it at them.
Avdija Sabanovic stopped a bus with CaEak licence plates,
transporting children, seized the keys from the driver and prevented
hirn from proceeding.
A vehicle in which was 2.S. was stopped in the street. Murat
Sabanovic grabbed S. by the hair and dragged hirn out'of the vehicle
and then another Muslim hit hirn with an object in the back of the
neck sending hirn down on the ground, and then they kicked hirn in
the loins.S. sustained severe bodily injury for which he was treated
at the hospital in Uiice.
Murat Sabanovic and Senad Kahrirnan drove the Serb D.R.
down the road at gun point, but two policemen came to his rescue.
Armed Muslims prevented the police from keeping law and
order. Murat Sabanovic and Senad Kahriman, forced, at gun point,
the policemen G.N. and H. K. to retreat towards the building of the
Police Station.
Evidence: 279195-8.,9., 11.,21 .,36 and 43 and 678195-22.
2.13.3.40 On 20 September 1991, in ViSegrad, Avdija
Sabanovic intercepted a freight vehicle of the Public Utilities
Enterprise in ViSegrad driven by R.M. from Koritnik, cursing at M. and
calling hirn a "Chetnik. He opened the door and pounded M. with his
fists. Then Murat Sabanovic ran up to the vehicle and dragged M.
outside and then a number of Muslims beat hirn up. M. sustained
injuriesincluding abrasions of the ear.
Several days after this incident, waving a Serbian flag on fire,
Muslims went around shouting that "that is how they would throw
Chetniks and Serbs into the Drina river". One of them brandished a
broken bottle neck shouting that that was his weapon with which to
slaughter the "Chetniks".
Evidence: Statement of witnesses Nos. 279195-36 and
678195-6and 279195-9.
2.13.3.41. On 23 September 1991, in DuSEe near ViSegrad,
Murat Sabanovic and another four Muslirnsphysically attacked the
Serb M.C., who had protested against the erection of barricades on
the road, and inflicted severe bodily injury on hirn fracturing hisninth left rib and causing contusions on various parts of his body.
~abanovic hit C. with the butt of his automatic rifle, sending C. to the
ground and then the whole group fell upon him and pounded and
kicked him.
Not far from the scene were a number of policemen and
when one of them told the attackers "to leave the man alone",
Sabanovic cocked his automatic rifle and pointed it at the policemen.
According to the allegations of the Public Security Station in
ViSegrad as well, Sabanovic had been carrying an automatic weapon
during the incident, but the police did not seize it from him, although
the possession and carrying of such weapons constituted an offence
according to the then Penal Law of Bosnia and Herzegovina (Article
213) in force. This detail illustrates that the Muslims had already
been armed at the time and that the abthorities accepted that fact as
perfectly normal.
Evidence: Statements of witnesses Nos. 552194-3 and
673195-22 aswell as document 279195-42.
2.13.3.42 In connection with the developments 20 to 23
September 1991 meetings were held in ViSegrad on 25 September
1991 between the public prosecutor in Sarajevo and the prosecutor of
the Public Prosecutor's Office in ViSegrad, the head of the Security
Services Centre, the head of the Public Security Station and the
president of the Communal Assembly of Goraide. The records from
these meetings show that no criminal or misdemeanor action had
been brought against any of the perpetrators in relation to events that
had taken place shortly before and that the Public Security Station
was awaiting a working group of the Ministry of Interna1Affairs from
Sarajevo to arrive and extend it assistance.
The head of the Public Security Station, Seval Murtic, said
that in respect of a number of incidents it had been assessed that no
action should be taken in order to prevent "the people from rallying".
The representative of the Executive Board of the Serbian
Democratic Party assessed that the judges dared not try Murat
Sabanovic and also that no one dared testify against him. The
Executive Board of the SDS demanded that Sabanovic be remanded
in custody in connection with the demolition of the monument to Ivo
Andric, but to no avail.
It was concluded at a meeting held with the president of the
Communal Assembly, Cocalic, that itwas to be established whether
conditions existed to remand in custody the persons who had taken
part in these events, especially those who had been convicted before.
It was also generally stated that there must be observance of the
rule of law. Neither Murat Sabanovic, nor anyone else belonging to his
group were ever detained in connection with the mentioned or any
other acts of violence.
All this clearly shows that the authorities in ViSegrad, the key
offices of which were held by Muslims, actually did not want to take
any serious action against the aggressive acts of the armed group of
Murat ~abanovic, comprising also his brother Avdija ~abanovi~, the
vice-president of the SDA in ViSegrad and a deputy to the Communal
Assembly! namely that the acts of violence against the Serbs were
deliberate, in collusion with the authorities, designed to exert pressure
on the Serbs to force them to move out. It is only thus that the
ostensible dilemma to the effect of specific requirements having to be
met for remariding in custody persons persistently committing criminal
acts of violence can be explained.
Evidence: 279195-49
2.13.3.43. The group of Murat Sabanovic comprised about 50
well-armed radical Muslims who received their salaries through the
SDA from monies made by enterprises whose managers were
Muslims. As for food and other articles, they got this free of charge
from the retail outlets of the "Klas" enterprise.
When D.G. found a member of Murat Sabanovic's group
taking a 50 kilogram sack of sugar from the "Klas" store without
paying, the shopkeeper told him that he would deduct the cost of the
sugar from the salary of the alleged customer. When G. asked to buy
a sack of sugar himself, the shopkeeper offered him only one
kilogram.
A rapid paging and assembly system had been organized for
the members of Sabanovic's group via the city's Muslim taxi drivers,
and Zijo Lipa was in charge of liaison with the cab drivers.
Taxi drivers were very active in SDA actions. After they
returned from a Muslim event in FoEa in 1991 to which they had
driven the participants, Murat Sabanovic sent al1 the drivers to the
TownHall to be given fuel.
Evidence: Statements of witnesses 678195-23, 673195-22,
552194-3 and 809195-6.
2.13.3.44 Endangered as they were, the Serbs from ViSegrad
fled en masse to Uiice, a neighbouring town in Serbia. To put an
end to this exodus, on 24 Septerriber 1991 the refugee Serb families
from ViSegrad which had found shelter in Uiice addressed in writing
the Communal Assembly of ViSegrad, the Secretariat of the lnterior
and the political organizations of ViSegrad requesting them to prevent
terrorist actions by SDA members against Serbs in ViSegrad. Evidence: 279195-25.
2.13.3.45. On the night between 112 September 1991
members of the SDA broke into the premises of the Secretariat for
National Defence of the Commune of ViSegrad, cracked open al1 the
safes and took away the military documentation from them. Fikret
Cocalic - the president of the Communal Assembly of ViSegrad -
said in a statement for the local paper that it had been "the people"
that had taken away the documents and that he agreed with it.
Only at a meeting with the high Public Prosecutor from
Sarajevo, on 25 September 1991 devoted to the events of 22 and 23
September 1991 did Cocalic promise that the documentation would
be returned.
The documentation was returned three months after it had
been seized, but even then it was not accessible to the Serbs (it was
held under lock and key by a Muslim officer of the Secretariat of
National Defence, an SDA member).
Evidence: 279195-28, 49 and 50.
2.13.3.46. On '7 October 1991 a large group of armed radical
Muslims blocked the entrance to the Public Security Station in
ViSegrad white Avdija Sabanovic was being interrogated in it. Senad
Kahriman, showering abuse at the policemen, threatened to blow up
the building if Sabanovic was not released, and then fired a number
of shots two of which hit the Public Security Station building. Sefko
KoSuta also threatened to kill the policemen and to blow up the
building.
Esad Muslic rip ed with a knife the tyres of an officia1 police
vehicle, and Abdulah 8 elik removed the hub caps from the tyres of
official police vehicles and urged the citizens to attack the policemen.
Murat Sabanovic fired a number of shots from his automatic weapon.
The memorandum the Public Prosecutor's Office in ViSegrad
sent to the Attorney-General's Office in Sarajevo, dated 9 October
1992 (signed by the prosecutor Sahin Muhic a Muslim) stated that
Avdija Sabanovic had not been summoned for an informative
interview according to standard procedure before having been brought
in, and that he was served the summons only after that. It also
stated that "Murat Sabanovic from ViSegrad and several of his like-
minded companions opened fire from automatic weapons", but the
wording of the memorandum did not warrant the conclusion that there
had been anything illegal or dangerous in the fact that Sabanovic and
his like-minded companions" possessed automatic weapons although
the possession of automatic weapons constituted an offence
according to the Penal Law of Bosnia in Herzegovina then in force
(Article213), so that the immediate and obligatory measure shouldhave been the seizure of such arms, followed by the institution of
criminal proceedings.
Evidence: 279195-1 2 and 673195-1.
2.13.3.47. On 22 November 1991 Zahid Hurem stopped the
Serb M.M. in the Street in ViSegrad pointing a gun at his head. He
caught hirn by the epaulet on his army uniform and asked hirn what
he needed that for. M. swore and wrested himself away and sought
refuge in a nearby restaurant, but MuratSabanovic, Zahid Hurem and
another Muslim found hirn there and al1three pointed their pistols at
his head. They ordered hirn down on his knees and then hit hirn with
theirpistols until he collapsed, blood streaming down his body.
Mubekir Tabakovic joined the attackers, put a pistol to M.'s
stomach and took al1the money he found in his shirt pocket (US $
30, DM 50 and some dinars).
M. was attended to at the first aid medical station.
The next day M. went to see the commanding officer of the
Police Station, Podiic (a Muslim), who asked hirn more questions
about his participation in the war in Croatia than about the incident of
the day before, showing in fact no willingness to take any action in
earnest (he said that "things would be taken care of").
Evidence: Statement of witness No.678195-18 and document
279195-13.
2.13.3.48 In 1991 the "lvo Andric" Library in ViSegrad was
evicted from its premises by the order of its then director Enver
JaSarevic, a member of the SDA. The premises were then leased to
Zaim Kustura, a member of the Executive Board of the SDA in
ViSegrad, to setup a private business.
Evidence: 279195-26.
2.13.3.49. Although the village of Prelovo was predominantly
inhabited by Muslims, the majority of the elementary school teachers
in the village were Serbs because the Muslim teachers found
employment and were transferred much more easily to vacant posts
in the elementary school inViSegrad.
At the beginning of 1991 an abrupt change in the behaviour
of the pupils and their parents towards the Serb teachers in the
school became evident. The pupils' parents spread around lies, for
instance that the teachers beat their children, ripped off their neck
chains with crescent pendants, etc. Two Serb teachers were forced to
shave off their beards as al1 Serb teachers were designated
"Chetniks". Sorne Serb teachers were accused of having taken thechildren on an excursion to visit the monasteries in Serbia and
forcing the children to cross themselves on that occasion.
lrritated bythese falsehoods and ungrounded attacks, S.V.
used a vulgar expression at a meeting of the teachers' faculty, which
was used as a pretext to provoke a wholesale riot, so that the school
was shut down for five days.
When the Serbian language teacher R.L. delivered a lecture
on St.Sava as the first Serbian scholar and educator, as part of the
curriculum, she was accused of catechizing and a veritable revolt
followed in the Muslim villages, and at the insistence of the school
principal ateam of inspectors arrived from Sarajevo.
All this was part of the pressures exerted on teachers of
Serb nationality to make them leave the school and the ViSegrad
area. This was only accentuated by the threats made by the Muslim
Mehmed Lubarda, a junior classes teacher in the same school, who
said that the Ustashi would slit their throats.
Evidence: Statement by witness No.809195-4.
2.13.3.50. In 1991 the Muslims carried out personnel changes
in the Secretariat of the lnterior Department inViSegrad, placing their
people in key positions. Thus Seval Murtic was appointed
and they tried to install
superintendent of the Public Security Station
Avdija Sabanovic as commanding officer of the Police Station despite
his having participated in acts of violence committed in the area of
the commune, but the Serbs managed to prevent it.
In order to engineer further personnel shifts, the Muslims
resorted to various pressures. Thus Murat and Avdija Sabanovic with
members of the Green Berets, uniformed and armed, broke into the
Police Station and held the employed inside under a blockade al1
day. People from the Ministry of the lnterior in Sarajevo came and
the Muslims demanded of them to make further personnel shifts.
After this incident, llijas Sumeska was appointed deputy
commanding officer, and Milan Josipovic - the deputy commanding
officer until that day, remained unassigned with a specific duty. A
number of Serb policemen were suspended from duty and only later,
after categorical insistence of the Serbs, were they returned to their
jobs.
In March 1992, Muslim policemen drove away in lorries
belonging to the Ministry of the lnterior weapons from the Police
Station which they took out of the premises through the storeroom
window. When the Police Station commanding officer Dragan Tomic
saw them and asked them what was going on, they denied him entry
into the storeroom. After this incident, al1 the Serb policemen quit
their jobs at the Public Security Station.
In order to put pressures on the Serbs and prepare to deal
with them the Muslims established links along various lines. Thus forinstance people who had never been there before started coming to
the Public Prosecutor's Office in ViSegrad to see the prosecutor
ahi inMuhic. He also had meetings with Murat and Avdija Sabanovic,
the protagonists of organized violence against the Serbs.
Evidence: Statements of witnesses Nos. 678195-20 and 22
and 809195-4.
2.13.3.51. Pressures were being brought to bear on the Serbs
at their work places as well so that they would leave of their own
accord or, if not, they would be served notice.
G.K., employed with the enterprise "Granit", was sent on a
two-year paid leave, so as not to interfere with the Muslims'
manufacturing of explosive devices in the enterprise workshops.
When, in one of the workshops, on the table of the boss
Haso Feric, K. saw a bomb case filled with dynamite, complete with
cap and fuse, one of the Muslims tried to convince him that it was
intended for fishing.
S.M., of Serb nationality, was removed from her job as
agriculturalinspector, although she had a university degree and was
a good worker, and a Muslim was employed in her stead.
Towards the end of March 1991, D.G. stopped coming to
work at the "ViSegrad" hydro-electric plant because of the threats he
had been exposed to at work by of his Muslim fellow- workers.
Evidence: Statements of witnesses Nos. 678195-11,23 and 24
and 552194-4.
2.13.3.52. On the morning of 15 December 1991 the city of
ViSegrad awoke decked with Muslim nationalistic slogans, e.g.: "Long
live Murat, SDS you will be wearing fezzes yet, long live the SDA,
Muslims stick together -SDA -the Party of beloved Allah", etc.
Evidence: Diary entry of witness No.279195-21.
2.13.3.53. On 12 January 1992 Hasan Sabanija from Gornja
CrnCa killed the Serb Ranko Baranac in his house in the village of
Bijela, shooting him from a pistol at close range, for no reason
whatsoever, except that the victim was a Serb.
Sabanija was a guard at the public enterprise "Panos" in
ViSegrad and carried an official gun; he came to Baranac's house
about 1.00 p.m. and was accorded hospitality there (he and the host
had brandy and some roast meat). He committed the crime around
3.00 p.m., after Ranko's wife had left the house on an errand.
Evidence: 279195-21and 673195-21. 2.13.3.54. The pressures exerted on the Serbs took various
forms. Thus the Muslims of the village of Orahovica shut off every
access path to the house and estate of M.Z., a Serb, on the pretext
that they were fencing off their properties.
In the village of Koritnik, the Muslim Medo Kurspahic placed a
large rock on the road in front of theentrance to the house of M.G.,
claiming that he needed it to block in place the wheels of his cart
when the team of draft animals was resting.
Prior to the outbreak of war a meeting of Serbs and Muslims
was held in the village of Koritnik. When M.G. said that the meeting
was not in fact necessary, as there existed the authorities whose
duty it was to handle the situation, Semo Kurspahic replied that they
- the Muslims - were the authorities and that the meeting was only
supposed to make life easier for the Serbs in the sense of making it
easier for them to get used to living under Muslim rule.
M.G., in whose house the meeting was held, offered his
guests some brandy, which offer Semo Kurspahic turned down in
vulgar language. Kurspahic forbadethe Muslims to have any, adding
that the time would soon come when not even the Serbs would be
allowed to drink brandy (alluding to the establishment of a Muslim
state in which the consumption of alcohol would be forbidden).
Evidence: Statement of witness No. 678195-23.
2.13.3.55. Before the war broke out, B.K. set out from Dobrun
in his car together with the Muslim Muhic, nicknamed "MadjarW(the
Hungarian). As they talked, K. asked Muhic what was going on and
the latter replied that the time had at long last come to see who
ruled the roost.
Returning from the village of Bogolica, K. met the Muslims
Edo MutapCic and Husein Hajdarevic and Hajdarevic told him: "All
this will be ours, and as for you Chetniks, we will slaughter the lot of
you".
On another occasion, during a chance meeting, Hajdarevic
asked K: "Why did you not show up last night so that we could kill
you off?" Hajdarevic was referring to a meeting the Muslims had
organized ostensibly to reach agreement with the Serbs.
Evidence: Statement of witness No.678195-12.
2.13.3.56.. Somewhere around mid-March, 1992, in DusCe, a
group of about 15 armed radical Muslims intercepted M.K. who was
transporting hay on a freight vehicle, and with whom was also R.T.
from Visegrad. They dragged T. out of the lorry and placed him
against a wall saying that they would shoot him. They swore at both
of them, cursing their Chetnik mothers, threatening that in retaliationfor a single Muslim hair they would slit the throats of 500 Serb
children, and similar.
They also forcibly dragged K. out of the vehicle while
Bemirovic, called "Sejtan" (Devil) hit hirn repeatedly.
They searched the lorry, allegedly looking for arms, and broke
and damaged parts of the vehicle (indicator lights, the cab, etc.).
They took from both Serbs their pistols for which they had regular
permits.
This attack was carried out by Murat Sabanovic's group
comprising Senad Kahriman, Abdulah Kahriman, Zahid Hurem and
others.
When K. filed action against the perpetratorsof this attack,
the head of the Public Security Station Seval Murtic ridiculed hirn
showing no intention of doing anything at all.
Evidence: Statements of witnesses Nos. 552194-3, 673195-22
and 678195-1 7.
2.13.3.57. On 23 March 1992, an armed group of radical
Muslims led by Murat Sabanovic erected barricadesin the streets of
ViSegrad and stopped the passenger vehicle driven by M.J. from
ViSegrad. M.Jv. was also in the car. As M. Jv. sat in the car, Murat
Sabanovic whacked hirn on the head with the barre1of his machine
gun, drawing blood. Then Sabanovic ordered both of them out of the
car saying that they were "Chetniks" and that M.J. was "loadedwith
bombs". Once out the vehicle they beat themboth up: they pounded
M. Jv. with their fists and kicked hirn until he fell and they hit M.J.
on the head, in the eye, with the pistol they had found on him.
M.J. started running and Senad Kahriman grabbed hirn by the
jacket and tore it off hirn and then tripped hirn so that M.J. fell;
Kahriman then kicked hirn twice in the loins and hit hirn with his rifle
in the back of the head causing a swelling. M.J. got up and started
running again and they shot at hirn and threw a bomb after him.
M.Jv. somehow managed to drag himself to the parked lorry
which he had been driving before he boarded M.J.'s vehicle, and
~abanovic tried to stop hirn shooting at the windshield and the
windows. Senad and Abdulah Kahriman also openedfire at him. As
he passed the house of Meho Hodiic someone fired a pistol at the
truck from inside the house.
M.J. reported the incident to the Public SecurityStation in
ViSegrad but no action was taken. The doctors at the ViSegrad
hospital would not admit hirn so that he was extended medical
assistance in Uiice.
Before this incident, Murat Sabanovic had said, in the
presence of the witness Joksimovic, that in a matter of a couple ofyears ViSegrad would be rid of Serbs, and also that no one would
dare Say that he was a Serb.
Evidence: Staternents of witnesses Nos. 552194-5 and
678195-9.
2.13.3.58. Safet Srnajic, who had sued his enterprise "Varda"
for having been disrnissed frorn work, threatened S.N. (she
represented the enterprise) that he would kill her, throw a bornb at
her, and then join the "Zengas"; he often harassed her by telephone
and sirnilar.
Evidence: Staternent of witness No. 678195-24.
2.13.3.59. At the end of March 1992, after the rehauling was
cornpleted of the hydroelectric plant "Visegrad", in the Restaurant of
the plant, the witness D.G. told the Muslirns who were present,
among whom was also Ernir Avdic, director of the plant, that they
should influence their leaders so that the rnaltreatrnent of Serbs rnight
stop and relations irnprove, and Mirsad Nalo responded that he had
better "take care" because he - Nalo - "was keeping track" of every
step the witness made (he lived across the street frorn the witness)
and that G. would be killed if he made "a wrong rnove". G. asked
what would happen to his family, and Nalo replied that he would kill
the children and take his wife away to a harem, since their state
would be based on Sharia law.
Two days later G. stopped corning to work, having learned
about a Muslirn list of Serbs who would be liquidated, and which
also included his narne. The said Nalo was to liquidate hirn. The
group of Murat Sabanovic was in charge of liquidating al1 the Serbs
on the list.
Evidence: Staternent of witness No. 678195-23.
2.13.3.60. At the beginning of April 1992, in ViSegrad, near
the "Mezalin" inn, M.G. saw that Avdija Sabanovic had a
switch-blade knife and he asked hirn what he needed it for.
Sabanovic replied that he was going to circurnsize "Vlachs"
(derogatory for persons of other religion) with it. Another Muslirn who
was present - DerviSevic -said: "Give it to me so I can circurnsize a
Vlach" (referring to the present G.).
Evidence: Staternent of witnesses Nos. 552194-14 and
678195-16.
2.13.3.61. At the beginning of April Avdija Sabanovic met N.
K. and cursing Serbs al1 the tirne and rnentioning Karadiic said:"There are 30% of you Serbs in ViSegrad, you al1voted for him, so
let him help you now". Angry and incensed he added that he had a
list with about fifty Serb narnes whom he personnally would kill, and
that N.K. was also on it. He continued threatening: "1 shall slaughter
you al1 and if even one Muslim loses his life not a single Serb will
leave the ViSegrad Spa alive". For N. he said that he would first cut
off her tongue and then throw her down frorn the fifth floor.
Evidence: tatement of witness No. 678195-2.(Annex No 251e,
pp. 15821228- -15821232)
2.13.3.62. On 5 April 1992 in the village of Jagodna, G.K.
was stopped by several armed Muslims, including Avdija and Murat
Sabanovic. Murat pointed the barre1of his pistol at his head saying
he could hardly wait to kill him, and Avdijasaid that it was never too
late, that he could kill K. whenever he liked.
They talked about taking sorne older Serbs hostage, but they
gave up this idea.
When K. returned to ViSegrad, his flat had been ransacked
and al1the valuables taken away.
Evidence: Statement of witness No. 678195-1 1
2.13.3.63. The authorities in ViSegrad, where Muslims held al1
the key posts, took no measures in earnest against Muslims who
incited riots and physically and in other ways attacked Serbs,
threatening their very survival in that area. Even when certain action
was initiated against the perpetrators of such acts it was done only
formally.
The report of the Main Public Prosecutor's Office in ViSegrad
on work in 1991, signed by Sehin Muhic (a Muslim), states that no
criminal charges were pressed for the criminal act of illicit possession
of weapons or explosives pursuant to Article 213 of the Penal Law
of Bosnia and Herzegovina and that no proceedings were instituted
for this criminal act.
The sarne report, in another context, refers to the event which
took place on 7 October 1991, when Murat Sabanovic fired bullets
from an autornatic weapon.
The report states that the investigation against Murat
Sabanovic for the destruction of the monument to Ivo Andric was not
completed (act committed on 1 July 1991), because of the total of
seven proposed witnesses three remained to be interrogated. In
addition, according to the report, on 17 July 1992, the investigative
judge passed a decision sending the defendant Sabanovic for
examinations and observation to the Clinic of Neuropsychiatry in
Sarajevo. It further states that the public prosecutor dropped chargesagainst three of Murat Sabanovic's accornplices and that the
investigation had been terrninated.
Thus the investigation related to an event which took place in
broad daylight in the main square in ViSegrad, in the presence of
rnany people, just rnanaged to establish, over a period of six rnonths,
that there was no proof for Sabanovic's accornplices and the issue of
Sabanovic's participation in the act rernained open - until another
three witnesses were heard.
Evidence: 673195-25.
The arming of the Muslirns and their preparations for war in the
commune of Vi'Segrad
2.13.3.64. The arrning of the Muslirns in ViSegrad started in
1990 and continued during 1991 and at the beginning of 1992.
Weapons were brought in frorn Croatia and Sarajevo and sold to
Muslirns. The following took part in procuring and selling arrns: Ramiz
Vazda, Murat Sabanovic, Avdija ~abanovic, the brothers MeSanoviC
(owners of an inn in Kalati), Tahir SUS~O (director of the "fito"
enterpise), Esad Ohranovic, the brothers DerviSevic, Fejzo Sabanija,
Zijo SubaSic, the brothers Bekirn, Enes Medjuselac, Sead Velic
"Hodia" who had a private store in the Culturel Centre in ViSegrad
and others.
Esad Ohranovic was the president of the Executive Cornrnittee
of the Communal Assernbly of ViSegrad and weapons were
distributed in his house.
The weapons were brought in under the guise of goods
whose circulation was allowed. They were delivered by lorry frorn
Croatia in cernent sacks. Rarniz Vazda procured a certain quantity of
weapons in bolts of cloth.
In Decernber 1991, Momir Glibic saw a group of Muslirns
corning out of a rnosque carrying raincoats or jackets over their arrns
under which the barrels of guns protruded.
In March 1991 a lorry carrying arrns arrived to Medjedja, and
they were sold by the Sabanovic brothers.
Evidence: Statements of witnesses Nos. 552194-14, 678195-4
and 16.809195-1and 2 and 279195-37and 38.
2.13.3.65. On 26 Septernber 1991 in ViSegrad, the police
found two explosive devices made of coca-cola cans lined with
insulating tape, with fuse 10 cm long a detonating and a srnall
"Rarnbo" knife on Enver FejziC and two pistol clips with ten bullets on
Sabahudin DerviSevic. Evidence: 279195-46.
2.13.3.66.1.2.3. In January 1992, in ViSegrad, a number of
Muslims including Murat Sabanovic, broke into the flat of the late
Radojka Krsmanovic. Memo lsic moved into the flat and weapons
and ammunition were brought there. Various uniformed persons (in
green uniforms and green berets) also used to corne there.
Evidence: statement of witness No. 678195-11
2.13.3.67. At the beginning of 1992, in ViSegrad, Nurko
DerviSevic with Hirnza Bajramovic cut through the wall of a
residential building so that he couldpull out weapons from his flat.
They would not ,let the police enter the building and investigate.
Evidence: 552194-14.
2.13.3.68. In the house of Samir Mezeldlim there were
stored about 2,000 litres of petrol in bottles and other vessels of a
1-2 litre capacity, prepared for blowing up Serb houses and Serbs
found in them.
Evidence: 687195-10.
2.13.3.69. There is also written evidence of the arming and
military organizing of the Muslims before the war broke out.
There is a special list (typewritten) with the names of the
members of the Crisis Headquarters, the commander and members of
the Crisis Headquarters of the village of Bijelo Polje (ViSegrad) and of
sixteen platoons and their commanders.
Above the part of the list referring to platoons is the heading
"The organizing of the citizens of Bijelo Polje" indicating that the list
was made prior to the outbreak of war.
On the back side of the last page of the list it was added by
hand, at a later date, which platoons form part of which detachments
and the names of the detachment commanders. The commander of
the Company and his deputy are also listed.
The names of two detachment commanders have been
crossed out and new ones entered (Muhamed Sumeska and
Avdibegovic) with the note 3 April 1992, and beside Sumeska there
are the words "instead of Torohan on 3 April 1992 and deputy
detachment commander". This clearly shows that the last additional
entries to the list were made before the outbreak of war. There are also lists showing the arming of Muslims in the
villages of JelaSci, Donja and Gornja BrStanica and Barimo, as well
as a list of a unit of boats of Barimo.
Evidence: 279195-16.
2.13.3.70. There are also lists of organized armed guards in
groups of 3-4 in the settlements of Kosovo Polje and Sase
(commune of ViSegrad).
On the first page in the right upper corner it is written: "27
June 1991" and below that "Meeting at 9.00 p.m. at Adil's house",
followed by lists of guards and their assignments.
It also gives the name of the sole person (Medo Kulovic)
authorized to inspect the guard, and the obligatory password
"Kosovo" (password) and "Karika" (reply). It also contains instructions
to the guards regarding caution.
Evidence: 279195-19.
2.13.3.71. For a number of villages there exists a special list
of "combat-fit people who do not possess weapons":
Hranjevac (13), Sabanije (9), Palei (16) Cakari (17) and Crni
Vrh (11). The list is signed by Hamid Sabanija.
A list of the soldiers of a unit in the centre of ViSegrad (56
members) also contains data on their weapons (26 automatic rifles, 9
machine guns, 7 telescopic rifles, etc.)
Evidence: 279195-3and 4.
2.13.3.72. The Muslim Party of Democratic Action had
"defence" plans, a ramified information network - locally and up to
Sarajevo, with lists of pe~ple in charge of these activities, as well as
an aide memoire for those on duty in the SDA.
Evidence: 279195-5.
2.13.3.73. The reserve Muslim militia was also being prepared
to fight against the Serbs, which can be seen from the minutes of a
meeting in Dobrun. The discussions quoted in the minutes show that
not yet started (a
they were making preparations for war which has
participant said: "when the first shot is fired"...)
There is a list of 169 Muslims from Dobrun to whom arms
were distributred and which shows who responded and which weapon
was given him (most often automatic rifles and revolvers, but there
were also telescopic rifles). The weapons were distributed on 7 and 8
April without indication of the year. Evidence: 279195-1 8.
2.13.3.74. By the time the referendum for secession from
Yugoslavia was held, the Muslims in B-H had attained a high level
of organizational and military mobility.
The "Aide Memoire for the holding of the Referendum" found
in ViSegrad lists the following measures:
"The highest level of alert (tailing) in respect ofthe SDS.
Mobilization with arms, winter clothes and food (foreveral days).
"The Ministry of the lnterior must be mobile.
"Physical protection of persons and facilities.
"Control of accesses to military facilities."
Finally it mentions the activation of units and the "blocking" of
communications.
Evidence: 279195-1 7.
2.13.3.75. Muslim preparations for war were made also
through the Hunting Club in ViSegrad. Before the conflict this Club
had 431 active hunters of Muslim nationality. Of them 380 had
hunting rifles, 43 hunting carbines and 280 both.
The admission of Muslims to the Hunting Club assumed the
proportions of a campaign especially in 1990 (35) and in 1991 (48).
Weapons were procured without difficulty against the approval of the
police station in ViSegrad.
On 31 March 1992, the Executive Committee of the
Communal Assembly took from the "Drina" Hunting Club "as a
temporary loan" four long-barrelled rifles and 4 small calibre rifles.
These rifles were given to ten Muslims (Avdija Sabanovic got a small
calibre rifle).
Evidence: 279195-27and 673195-8and 9.
2.13.3.76. Muslim preparations for war in ViSegrad also
included supply with foodstuffs and other articles and means
necessary for waging war. The authorities, enterprises and various
Muslim organizations were involved in these activities.
In its letter of 26 March 1992, the Muslim charity organization
"Merhamet" asked its Main Committee in Sarajevo for aid in
foodstuffs to be distributed during the "forthcoming auspicious days of
Bairam".
In the commune of ViSegrad Muslims formed a Crisis
Headquarters and by an order of 11 April 1992 a War Presidency to
replace the previous Crisis Headquarters. The Presidencyconsisted offifteen members and was headed by Fikret Cocalic, the up to then
president of the communal assembly, i.e. the president of the Crisis
Headquarters.
At the beginning of April 1992, the following items were
taken from the "~umarstvo" (Forestry) enterprise from the orders of
the president of the Crisis Headquarters: 3 vests, one protective
jacket, 400 litres of petrol and a "Lada" automobile.
The following items were taken from the office of the market
inspector: 17 kg of coffee, one "Levi's" microphone and 8 "Sony"
cassettes.
On the orders from the president of the Crisis Headquarters,
Cocalic, a large quantity of food and other articles was taken from
the "Megrakomerc" enterprise (270,000 kg of flour, 25,000 kg of salt,
20,000 1 of cooking oil, 20,000 kg of sugar, 5,000 kg of macaroni,
5,000 kg of detergent).
Evidence: 279195-15and 673195-10 - 14.
2.13.3.77. In letter No.428192 of 19 February 1992, the
Council of Elders of the lslamic Community of B-H sent an appeal to
al1 imams in its territory "in connection with the referendum on a
sovereign and independent Bosnia and Herzegovina".
The appeal in a dramatic way invites al1 Muslims to turn out
at the referendum and vote for an independent and sovereign
Bosnia and Herzegovina - "for their future and the future of their
religion, for lslamic democracy and freedom..."
The appeal, inter alia, reads: "Our Republic is facing the most
fateful moments in its history... Since this is the time to be or not to
be for Bosnia and Herzegovina and especially for the Muslim people
we appeal to al1 Muslims to demonstrate a high level of awareness
and responsibility and al1turn out at the referendum. If we fail to
pass this test, not for a long time will history give us another
chance for a remedial exam."
Evidence: 279195-22
2.13.3.78. The idea of a Muslim State, based on lslamic law
was used to incite Muslims to fight, drawing on the powerful influence
of Islam on its believers. To create an illusion of the moral
justifiability and necessity of struggle, members of other nations and
religions were represented as aggressors, since the Koran forbids
aggressive warfare, while defensive war is justified and approved.
Muslims may not be the attackers, but they are recommended to
defend themselves against attackers and aggressors.
2.13.3.79. The Party of Democratic Action together with
representatives of the lslamic religious community also organizedMuslims and prepared them for war at various meetings. Thus in the
village of KaoStice, SDA members met in the house of Hair
Diaferovic, in the village school and also occasionally in the mosque.
For the lower part of the village of KaoStice the main organizer of
meetings was the khoja Arif Sofovic.
Evidence: 678195-4.
2.13.3.80. The mobilization of Muslims around the idea of
creating a Muslim state in the territory of the former Yugoslavia was
also encouraged by a leaflet entitled: "Programme of Settlement of
Bosniacs from Turkey".
The leaflet says that a vast number of Muslims from B-H and
Sanjak are in Turkey, where they fled before "the onslaught of
Christianity", and that there are four million of them and their
descendants in Turkey.
The "Programme" envisages the return of Muslims from
Turkey in 10 "waves", 400,000 people each year. It specifies the
places to which they will move, covering the territories of B-H,
Montenegro, Sanjak and Sumadija (regions in Serbia).
Para. 14 of the "Programme" States: "Afterwards, formal
conditions would also be created for the establishment of an lslamic
Republic of Bosnia and Herzegovina which would ...be much larger,
i.e. would return to its natural borders". The time specified for the
beginning of the implementation of the "Programme" is January 1992.
Evidence: 673195-6
2.13.3.81. Members of Muslim armed forces from ViSegrad
planted explosives in the Orline tunnel on the ViSegrad-Uiice road on
8 April 1992, so as to sever connections between that part of Bosnia
and Serbia.
Another tunnel, closer to Uiice had been blown up earlier (19
September 1991) by the Muslims, so as to prevent JNA soldiers to
pass through towards Croatia.
Evidence: 279195-34 and 40, 552194-3, 673195-22 and
678195-11.
2.13.3.82. Striving to reinforce their positions in the
forthcoming showdown with the Serbs, the Muslims in ViSegrad
established links with Muslims in the region of Rashka in Serbia
(Sanjak) from whom they expected help.
For reconnaissance purposes Muslims from Prijepolje, Sjenica
and other places in Rashka came to the villages around ViSegrad,
under the guise of hunting expeditions. Thus, in the autumn of 1991they visited the villages of Dubovik, Duboka, Dobrun, Gostilja, etc.
Sometimes they came in fatigues for training purposes.
In Avdo Hajderovic's inn in Dobrun they met with Avdija and
Murat Sabanovic. A large quantity of arms and ammunition was later
found in Avdo's house. Avdo's son lbro obtained a gun from a
Muslim from Prijepolje.
In March 1992 a number of Muslims from the region of RaSka
came to the villages of Duboka and Dubovik to settle there
permanently and take part in the fighting against the Serbs. They
were brought by Avdija and Murat Sabanovic and some other SDA
leaders. They were billeted in village houses and Osman Marim was
their leader.
In April 1992, at a meeting in the village of KaoStice, Bajro
Sisic was entrusted by Avdija Sabanija with the task of traveling to
Rashka and rallying Muslim volunteers to fight in the fightings in
Medjedja and Goraide. The volunteers were promised a reward of
DM 200 for every Serb they killed.
Sisim, through his associates in Rashka, managed to form a
group of six Muslims. At the swimming pool in Prijepolje, Ahmet
Selimovic took over the group to take it to Medjedja. On the way the
group was given arrns. In order to carry out his assignments as
successfully as possible, Selimovic had two identity cards.
Evidence : Stntements of witnesses Nos. 678195-10, 12 and
16 and 673195-20.
2.13.3.83. On 8 April 1992, the Presidency of 6-H, by then
composed only of Muslims and Croats passed a Decision proclaiming
an imminent threat of war, and on 9 April 1992, a Decision on
consolidating al1 armed forces in the territory of the Republic of 6-H.
According to the latter Decision: "armed formations and individuals,
except JNA forces and Ministry of the lnterior forces - operating in
the territory of the Republic of 8-H under different insignia and
symbols - shall report to the communal, district and municipal
territorial defence headquarters, for therpose of being placed under
a unified command and getting unified insignia". The deadline
specified for reporting and registering was 15 April 1992.
According to this Decision, armed groups and individuals,
failing to report and be subordinated to the command of the territorial
defence headquarters shall be considered paramilitary formations.
In this way, under the decision of the Muslims and Croats in
the 6-H Presidency, passed on behalf of the Presidency, which could
not, without Serb representatives, pass decisions binding on the Serb
people in 6-H, any military organizing on the part of the Serbs for
the purpose of defending their interests was proclaimed illegal in
advance. A forced break with Yugoslavia was imposed on the Serbs,
in the form of an independent and sovereign 6-H, under the threat ofmilitary force, while their military resistance was outlawed
("paramilitary formations").
Telexes of the said decisions also came to Visegrad.
Evidence: 673195-3and 4.
2.13.4. Tuzla
2.13.4.1. The witness D. S.,who eyewitnessed organising of
the SDA, convincibly testifies of the situation in Tuzla before the
outbreak of the war conflicts, preparations of Muslims for the war and
treatment of the Serb Population in the town. She testifies:
"1 can Say that approximately until 1988 my life in Tuzla was
good enough most of the time, there were no open inter-ethnic
clashes and the standard of living was solid. A very communicative
person both by nature and by the nature of my job and as a native
of Tuzla, I knew at least 80 per cent of the people, particularly the
cadres involved in politics or holding executive posts in companies or
socio-political organizations. However, since 1988, certain changes in
Tuzla came to my attention which were generally reflected on the
cadre situation in Tuzla and inter-ethnic relations and impaired inter-
ethnic harmony. I do not know exactly at whose instructions or in
which way, but it was evident that al1of a sudden a large number of
persons of Albanian or Muslim nationality from Kosovo and Sandzak
began to arrive in Tuzla and that they were being enabled to buy
nationalized property once expropriated from the Serbs, mostly in
downtown Tuzla which was otherwise always called Srpska varos
(Serbian Town). At the same time, those same persons were allowed
illegal construction. From the ranks of those newcomers, executive
cadres were being recruited at the expense of local and highly
professional cadres at that. There were as many as 15,000
unemployed 'locals' at the time.
"Even faster changes and inter-ethnic divisions took place in
1989 and 1990 and later, related also to the ongoing events
throughout the former SFRY, particularly in the wake of the
announcement of the possibility of multi-party changes and the public
separatists pronouncements in Slovenia and Croatia. Some time
between August and September 1990,the Tuzla Muslims, under the
influence of the Sarajevo Muslims and others, organized public
discussions in the People Theatre of Tuzla at which they presentedviews on the future forms of their organization, while at one of the
discussions they expounded the notorious 'Declaration' of Alija
Izetbegovic, which contained his open fundamentalist positions, for
which he had been sentenced to several years in prison by the
Sarajevo judicial authorities.
"During the said discussions, Enver Halilovic, a native of
Sandjak and an MA at the time, a nephew of Sefer Halilovic, the
future commander of the army of the so-called Bosnia and
Herzegovina, was particularly extreme in his fundamentalist positions
along the lines of Alija's 'Declaration'. At the same time, they used
the discussions to raise money and ask for other contributions
towards organizing a Muslim party -the future Party of Democratic
Action and, as far as I know, the first to respond by making
contributions were Muslim athletes from Tuzla including Mersad
Kovacevic, Dzevad Secerbegovic and others. The contributions were
also made by the Muslim folk singers such as Nediad Salkovic and
well-known Muslim entrepreneurs, Albanian newcomers, intellectuals,
most of whom were physicians, etc.
"Shortly after those discussions, the Party of Democratic
Action began to take shape, headed by Salih Kulenovic, born in
Herzegovina, Director of the Tuzla Museum. However, I have to
stress, which isotherwise well-known, that, by the political leanings of
its population, Tuzla was a Yugoslav oasis in a nutshell no matter
that soon thereafter other parties were established so that at the first
municipal multi-party elections the Reform Party of Ante Markovic
won the majority and together with the League of Communists led by
Nijaz Durakovic was given the mandate to form a coalition
government in the municipality. However, the Party of Democratic
Action was victorious in the region of Tuzla. Only in two
municipalities the power was shared between the nationalist parties.
In the municipality of Tuzla itself, there were great pressures by
nationalist parties, the Party of Democratic Action in particular, on the
Yugoslav option, which, as I shall later explain, had in fact its
"sleepers" also in the Reform Party of Ante Markovic and, in
particular, in the League of Communists headed by Nijaz Durakovic.
On the other hand, the coalition parties themselves could not agree
on the nationality structure of cadres to be represented in the local
government, since there were 23 nationalities in Tuzla and 23.6 per
cent of Yugoslavs. In the circumstances, the newly formed local
government in Tuzla was under great pressure from the highestechelons of the Muslim Party of Democratic Action from Sarajevo,
headed by Alija lzetbegovic and Ejub Ganic, to fiIl certain posts in
the municipal government and other executive positions with "their"
people. This was being done also by material blackmzil. No
resources were being transferred to municipal funds accounts.
Municipal officials were being frequently called by phone and put
concrete pressure upon. There were frequent visits by Ejub Ganic to
Tuzla and his meetings with Selim BeSlagic, President of the
Municipality, and Sead Avdic, President of the Executive Council.
Most often, these were informal visits, far away from the public eye,
usually in the form of private dinners in the hotel, National Theatre
and at other places where, by the nature of my job, I was able to
attend some of these meetings nonetheless.
"The President of the Reforrn Party at the time, MomCilo
Micic, noticed these tendencies and requested from Selim BeSlagic to
pay heed to the structure of cadres and to honour the election
results.BeSlagic acquiesced to these remarks in public meetings with
him, but in fact the Party of Democratic Action, acting now in alliance
with the councillors of the Muslim Bosniac Organization, led at the
time by Salih Burek once sentenced for nationalist activities, and the
Croatian Democratic Community, soon began to outvote others at the
sessions of the Municipal Assembly. In the political game played by
the members of the Party of Democratic Action in Sarajevo, by and
large by Ejub Ganic, and their connections in Tuzla, the afore-
mentioned Momcilo Micic was soon forced to resign the post of
President of the Reform Party and, under the influence of these and
other people, was replaced as head of the Party by Zvonko Oros,
Vice-President of the Party at the time, otherwise a Croat. In the
coming period, the transfer of power to the Party of Democratic
Action, i.e. to Muslim national parties, was facilitated through this
softer faction with the assistance of the Croatian Democratic
Community through Jerko Doko, the then Defence Minister of former
Bosnia and Herzegovina.
"All those changes took place at the beginning of 1992.
"The pressure on the municipal authorities having been
exerted and the Yugoslav-oriented cadres having been eliminated
from the Reform Party, MomCilo Micic in the first place, the Sarajevo
authorities began to send concrete instructions on deploying
paramilitary forces of the then Bosnia and Herzegovina, i.e. the
"green berets" in Tuzla. More precisely, it is known to me that inFebruary 1992 Jerko Doko sent a fax, requesting the Municipal
President Selim Beslagic that three intervention units of the "green
berets", i.e. of the Patriotic League, be deployed in the area of Tuzla.
Initially, Selim Beslagic suggested that these units be stationed at
fivinice and they spent the first 15-odd days there. However, he
soon agreed at a session of the Municipal Executive Council that the
units corne to Tuzla after al1and one of thern was billeted at Batva,
at the TuSanj Stadiurn, the other at "Proleter" work organization at
Slavinovici and the third one at the "Dubrava" Mine, surface
excavation. Gashi Kabashi, a former captain of the JNA who had left
it not long before, was appointed coordinator between these units and
conducted at the sarne tirne the training of the rnernbers of these
units. Even before the "green berets", i.e. the rnernbers of the
Patriotic League, were officially stationed in Tuzla, there had been
individual or group cases of Muslirns strutting about in uniforrns with
"white lily" and other insignia, to which rnost of Tuzla townsfolk
reacted. All of this was taking place in March 1992.
"The newly-arrived units of the Muslirn Patriotic League began
to arrn thernselves openly i.e. their rnernbers were distributed arrns
through the Muslirn charity organization "Merharnet" and the
"Crescent" organization. I rernernbervery well that on the occasion of
one such distribution of arrns a shooting incident took place in a park
in downtown Tuzla in the front of the Bishop's Residence of the
Serbian Orthodox Church, because the townspeople reacted to the
distribution of arrns.
"Selim BeSlagic, President of the Tuzla Municipality, and Sead
Avdic, President of the Municipal Executive Council, appointed Enver
Delibegovic, commander of the territorial defence, and Mehrned filic,
secretary of the Secretariat for National Defence of Tuzla, in charge
of food and other procurernents, such as arnrnunition and arrns, to
those units. Branko Peric, Vice-President of the Municipal Assernbly
of Tuzla, who as the only Serb and otherwise President of the
Dernocratic Party had been in local governrnent, reacted to this
decision of BeSlagic and Avdic. BeSlagic and Avdic explained that
municipal funds would not be used for these needs and that
procurernents for the units of the Patriotic League would be financed
by "Merhamet" and "The Crescent". As a rnatter of fact, the funds
frorn municipal accounts of the territorial defence were redirected, of
which Mirjana Djukanovic could tell you more as she was assistantmorale commander with Enver Delibegovic at that tirne and now lives
in Bijeljina.
"The actions of BeSlagic and Avdic airned at including the
Patriotic League in the territorial defence of the then Bosnia and
Herzegovina, the rnanner in which it was being supplied, stationed,
the appointrnent of cadres etc., were accepted and assisted by Zlatko
Dukic, President of the League of Cornrnunists, and Jasmin
Irnarnovic, lawyer and Secretary of the Municipality who was given
the task of providing a forrnal legal cover to al1decisions of BeSlagic
and Avdic, taken rnostly at the sessions of the Executive Council of
the Assernbly, but often also outside the cornpetent municipal
institutions.
"Otherwise, Jasmin Irnarnovic also provided legal trappings to
decisions on the rernoval of people frorn their jobs in the municipal
and other organs of governrnent, including the Secretariat of lnternal
Affairs, which affected rnostly Serbian cadres and because of which
people voiced dissatisfaction and fear. All this was done in order to
appoint their own cadres as, for exarnple; Enver Saric who was
appointed Head of the regional Secretariat of lnternal Affairs in Tuzla,
Mehrned Bajric, a.k.a. "Mesa", who was appointed Head of the
Secretariat of lnternal Affairs of Tuzla. At the sarne tirne, a person
frorn Kalesija, also a Muslirn, was appointed Deputy Head of the
regional Secretariat of lnternal Affairs. In this way the cadres in key
positions were reshuffled in favour of the Muslirns.
"To rny knowledge, in al1those changes the decisive role was
played by Selim BeSlagic, President of the Municipality of Tuzla,
although forrnally he was a rnernber of the Reforrn Party. l have
known Selim BeSlagic since 1969 when he came to the Mining
lnstitute where he worked as engineer of technology. He kept telling
me that he was not interested in politics and that was not going to
be a rnernber of any party and he was not a rnernber of the League
of Comrnunists at that tirne. However, he showed his true colours,
i.e. his duplicity, the moment he becarne involved in Tuzla politics.
As President of the Municipality, I rernember, he spoke at a rally
which took place spontaneously in front of the Tuzla Town Hall on 6
April 1992 and said that he was not going to allow divisions in Tuzla,
that he was going to support the Yugoslav option and that, if needed,
Tuzla was going to be the only Yugoslav oasis. Shortly thereafter,
and I was present there, he telephoned to Ejub Ganic, Jerko Doko
and Alija Izetbegovic, requesting their agreement to begin unificationof the Party of Democratic Action at the regional level of Tuzla,
reciting the names of the municipalities to be included in the region,
which astonished me as he had always declared himself in front of
me as a Yugoslav. As I said earlier, he was the main sponsor of the
"green berets", i.e. the Patriotic League, I personally know that he
extended material and moral support to Muslim extremists in the area
of Kalesija, Lukavac, fivinice, Banovici, Zvornik, Brcko and other
places. In return, Ejub Ganic supported his suggestions and promised
to appoint him the highest ranking official of the region.
"On his materna1 side, Selim BeSlagic is a relative to Adil
ZulfikarpaSic, President of the Muslim Bosniac Organization abroad
and in the then Bosnia and Herzegovina, a former emigre who
provided material and moral support. At the same time, BeSlagic's
wife Amira was a member of the Muslim Bosniac Organization.
"1 failed to mention earlier that Selim BeSlagic personally
promoted Faruk Prcic, a former athlete from Tuzla and a reserve JNA
major to coordinate the activities of the Patriotic League located in
Tuzla, of which I spoke before. He later became chief coordinator
who supervised engineer works and preparations to block JNA
members access to the town and the mining of certain points,
redirecting of production in certain work organizations towards war
requirements, i.e. the arming of the Muslims. In May 1992, he
coordinated the attack on a JNA column, peacefully evacuating the
"Husinska buna" barracks, on which occasion 200 JNA members
were killed. Later on, the same person made himself known when
Serbs in Tuzla were arrested and tortured and when private prisons
began to be organized.
"Speaking of Selim BeSlagic and his role in cleansing the
Serbs from the Municipality of Tuzla, in carrying out my job as Chief
of his Office, one day I saw a list entitled "The Serbs to Be
Liquidated" at his desk. I was shocked to see my name on the list
and the names of al1 prominent Serbs in Tuzla, including Djordje
Lukic, a respectable citizen of Tuzla; Branko Peric, as I said Vice-
President of the Municipality; Zdravko Jovanovic, Director of "Eksport-
Import" in Tuzla, Milanko Papic, Director of the Tusanj Mines and
others, amongst them also JNA members such as Savo Jankovic,
JNA General and Commander of the Tuzla Corps; Mile Dubajic,
Lieut.-Colonel, Commander of the "Husinska buna" barracks; Tomo
Pracar, Deputy Commander of the Dubrava Airport, Bogdan cita,
Lieut.-Colonel, Commander of the Dubrava Airport, as well as Goranhgic who worked for the State Security in Tuzla and others whose
narnes l cannot rernernber now. I rernernber that the list contained
the addresses of those persons. I do not know who was the author
of the list. By leafing quickly through the list, I saw at the end of the
list that the persons charged to act upon it were Mehrned Bajric,
whorn I rnentioned before, Head of the Secretariat of Interna1Affairs,
and Faruk Prcic, whorn I also rnentioned. I inforrned JNA security
agencies of the existence of the list.I rernernberseeing the list sorne
tirne in rnid-March 1992 and by the end of March 1992 1 was
transferred to an office one floor below frorn the office of the
President of the Municipality, which was incompatible with the
description of rny job.
"After this event and rny transfer to the other office,was no
longer in a position to have a direct insight into the concrete
activities of the President of the Municipality and other municipal
governrnent officiais.Also, I was surrounded with Muslirn cadres,
concretely with four wornen and, in addition to Branko Peric, I was
the only Serb in the Municipal Assernbly.
"Since I have always been a patriot and having seen that the
situation was evolving towards the separation of the Muslims and the
then Bosnia and Herzegovina frorn Yugoslavia, I found a way to keep
track of their activities.
"To rny knowledge, the President of the Municipality of Tuzla,
Selim BeSlagic, and other Muslirn cadres frorn the Municipality, with
the support of the Croatian cadres, and acting upon instructions frorn
Sarajevo, rnostly frorn Ejub Ganic and others, knowing of the future
decision on JNA withdrawal frorn the then Bosnia and Herzegovina
and, by the sarne token, frorn the region of Tuzla, made preparations
to prevent the arrny frorn taking heavy weapons and other equipment
frorn its barracks and other facilities.
"The rnernbers of the Tuzla Corps were rnaking certain
preparations to evacuate its men, rnateriel and technical equiprnent.
At the sarne tirne, they sought to reach agreement on the rnodalities
and ways of the arrny withdrawal with the Tuzla municipal authorities,
i.e. with President of the Municipal Assernbly Selim BeSlagic in the
first place. However, Selim BeSlagic refused direct negotiations with
the representatives of the Tuzla Corps, calling thern "Chetniks" and
requesting thern to leave their weapons behind, threatening that they
would be attacked should they fail to do so, while their weapons
would be taken by force. As BeSlagic refused direct negotiations, theCommand of the Tuzla Corps appointed JNA Colonel Ugo Nonkovic,
a Croat, Assistant Transport Commander of the Tuzla Corps, to
negotiate at "a lower level". Sead Avdic, President of the Executive
Council, negotiated with him on behalf of the Municipality. On the
JNA side, Colonel Boio Milohanovic, Assistant Commander of the
Tuzla Corps for relations with civilian authorities of Tuzla, took part in
the negotiations. However, parallel to the negotiations, the Muslims
and Croats made preparations to prevent the withdrawal of JNA
members with their material and technical equipment from Tuzla and
they had begun it as early as March 1992. Faruk Prcic was
instrumental in erecting most of the roadblocks at Tuzla crossroads,
i.e. exits from Tuzla; emulating the so-called "Mostar pattern", he
parked cisterns filled with explosive cocktails at town exits, placed
"hedgehogs", erected machine-gun parapets, mined roads the army
might use for evacuation and on BeSlagic's orders brought over 3
000 volunteers to Tuzla to bolster up the Patriotic League members
already stationed in Tuzla, who wore "White Lily" insignia and the
uniform of the "Army of Bosnia and Herzegovina", hastily sewn, and
most of them were recruited from Kalesija, Vlasenica, Bratunac,
Zvornik, FoCa and included the Muslims from Pljevlja, Montenegro. At
the same time, reserve militia units were being set up, possessing
exits and other points in Tuzla and its surroundings as early as
March 1992 and providing protection to al1 vital enterprises, such as
the "HAK" thermo-electric power plant, "Elektrodistribucija"Mlin",
Post Office, Hospital, "TTU", Salt Mines, etc. Mines and other
equipment were being stored in the Salt Mines which stopped
production on BeSlagic's orders, "TTU" began special-purpose arms
production, while Serbs and disloyal Muslims were being furloughed.
Parallel to these activities, Selim BeSlagic and the other afore-
mentioned cadres of the Municipal Assembly of Tuzla ferried from
Croatia, from Zagreb, to Tuzla in an organized way mines, explosive
devices, infantry and other arms in hospital ambulances. In the first
half of May 1992, "TTU" manufactured a special APC, coated with
heavy metal sheets with weapon slots, tested within "TTU" by being
shot at from close range from M-48 rifles, i.e. its resistance was
being tested.
"Since April 1992, the so-called "Crisis Committee", presided
by Selim BeSlagic, held daily meetings in the Municipal Assembly,
discussing the situation relating to the forthcoming departure of JNA
members from the "Husinska buna" barracks under the pretext that itwas done for the purpose of defending the town. Atternpts were
being made to present the activities of the so-called "Crisis
Committee" to the public in Tuzla as peace-oriented and public
figures were being invited to its meetings, with rnostly Muslims and
Croats responding to the invitations. A ballyhoo was being whipped
up in the public through local media to the effect that there were
problems with the evacuation of JNA mernbers and assurances were
being made that the Muslirn side, i.e. the municipal authorities, would
do al1 in their power to have the army leave Tuzla peacefully. At the
sarne time, however, quite the opposite was being done.
"On 14 May 1992, to allay the anxiety of the Serbs in the
town in the wake of the pending withdrawal of JNA rnernbers in
whom they saw protection and security, Vice-President of the
Municipality Branko Peric was charged with the task of rnaking a
public statement over the local radio that JNA members were leaving
Tuzla peacefully the following day and that the town was not
threatened in any way. Branko Peric made that statement with the
best of intentions. However, the meetings of the so-called "Crisis
Comrnittee" were held in two parts. Part one was held in plenum in
the office of the Municipal President, Selim BeSlagic, whereas part
two was held in a closed session with confidential people at the
Mining lnstitute at Kreka. The situation was discussed within part two
of the meeting of the Crisis Committee of Tuzla and detailed plans
were worked out to attack the JNA column scheduled to depart on
15 May 1992. The closed meetings of the Crisis Committee were
attended exclusively by the Muslirns and feljko Knez, a Croat, who
had been appointed commander of the "defence" of the town in the
meantirne.
"1 learned that a decision had been taken at the closed
meeting of their Crisis Committee to attack the arrny during
evacuation from the "Husinska buna" barracks. The decision was
code-named "Flarne". In order to shift the blarne on the arrny, i.e. on
JNA rnernbers, for the attack to be carried out by the Muslim
territorial defence, it was ordered that local FS3 TV carneras be
positioned on high-rise apartrnent blocks at Brcanska Malta to film the
plateau at the intersection ofBrEanska Malta and part of Skojevska
Street and the neighbouring area frorn early morning, where they
ordered the JNA vehicles were to pass.
"Having learned of the decision to attack the column which
was to depart from the "Husinska buna" barracks, barrackscommander Lieut.-Colonel Mile Dubajic personally went to the
Executive Council of the Municipal Assernbly to request that the
colurnn of JNA soldiers be allowed to leave the "Husinska buna"
barracks with equipment peacefully. Lieut.-Colonel Dubajic was
promised, i.e. told, by Sead Avdic that the colurnn may leave and
that it would not be attacked. He met with the President of the
Executive Council at 11.00 a.rn. Despite their promises, the Muslim
municipal officiais, supported by the Croats, did not change their
decision to treacherously attack the column of departing soldiers,
which they did by letting the head of the column pass and by having
Zlatko Dukic, President of the League of Cornmunists whorn I
mentioned before, give a sign to territorial defence commanders,
reservists, snipers deployed a couple of days before on rooftops of
the surrounding high-rise apartment blocks, in machine-gun nests and
in the APC they had made themçelves of which I have already
spoken, which took position near BrEanska Malta and from which it
was also fired, by announcing on local television the "Good luck,
Army" password, agreed upon beforehand. The order was to shoot, at
the given sign, exclusively at drivers and CO-drivers.It is interesting
that sharpshooters frorn the local "Sharpshooters' Club" of Tuzla,
including women, were enlisted for the attack planned in this way.
"The events and chronology related to the departure of JNA
members frorn the "Husinska buna" barracks along Skojevska Street
through the Brcanska Malta intersection towards Pozarnica are known
to the wider public. The surviving officers and soldiers, as well as
great many civilians, can testify on the attack and killing of soldiers
and the destruction of JNA equipment and material means, as they
were able to see with the naked eye and on local television of which
I have spoken before.
"1 responsibly state that Selim BeSlagic and his associates
Sead Avdic, Mehmed filic, Zlatko Dukic, Faruk Prcic, Gradirnir
Krajtmajer, who was Secretary of the Secretariat of Landscaping and
who bought the cameras with his resources and put them up to film
the event of 15 May 1992, Jasmin Irnamovic, Refik Ahrnedinovic,
Vice-President of the Municipal Executive Council, Enver Halilovic,
feljko Knez, llija JuriSic who worked for the Secretariat of Interna1
Affairs of Tuzla, Enver Saric and others are the principal culprits for
al1 what I said before, in particular for the attack on the column of
JNA rnembers leaving the "Husinska buna" barracks on 15 May 1992
and for the killing of a large number of innocent JNA members andother persons. Of course the responsibility of the top leadership of
the Party of Democratic Action of the then Bosnia and Herzegovina,
including Alija Izetbegovic, Ejub Ganic and their other highest-ranking
officiaisis implied. The attack on the column and the killing of a
large number of JNA members conduced to the flight of many Serbs
and their families, citizens of Tuzlaince time immemorial, from their
native town where they left everything they had acquired in life. That
was in effect a classic example of ethnic cleansing. Only in those
days, during and after the attack, about 20 000 citizens of Serbian
nationality left Tuzla. The remaining Serbs and their families were
subjected to various forms of pressure and threats, arrests, torture
and even killing in jails and other places.
"1 failed to mention that within the activities of the Muslim
clique in the Municipality of Tuzla, headed by Selim BeSlagic, the
Serbian Orthodox Church, unlike other religious confessions, had
been pushed aside and that "silent" pressure which subsequently
turned into open pressure had been brought to bear on it, reflected,
inter alia,in a refusal to grant permission to build churches and in
forbidding assistance and public promotion in general. On one
occasion, I remember, they even did not allow the Serbian Orthodox
Church to erect a monument in the courtyard of the Orthodox
Bishop's Residence to a Muslim Mufti Kurta (1 do not know his last
name) who had saved many Serbs from the Ustasha pogrom during
World War Two. Ever since, the Bishop of Zvornik and Tuzla, Vasilije
KaEavenda, was isolated and nobody communicated with him.
"This is al1that I had to say on this occasion and I am ready
to testify before a competent court regarding al1 that 1 have said
above, as well as the other activities which influenced the violent
acts against the Serbs and the Yugoslav-oriented citizens in Tuzla.
"1 listened to the loud dictation of the record, I do no wish to
read it, I accept it and sign it as such. (Annex No 252, pp. 15821233
- 15821254)
2.14. Suffering of Serbs in Croatia and Secession of
Slovenia and Croatia
2.14.1.l. Two simultaneous processes were under way in late
1990 and early 1991. On the one hand, there were intensivenegotiations between representatives of the federation and the
republics on constitutional transformation and the realization of the
right to self-determination, and on the other, irregular military units
were quickly formed in Slovenia and Croatia. In these republics a
media campaign was organized to put pressure on the JNA. The JNA
was labelled as an occupier, accused of preparing a military coup,
conscripts were not sent to the army and soldiers who were serving
their military service were invited todesert from the JNA. Funds for
the JNA were not paid into the federal budget. Pressure was put on
officers to join republican armed formations. Simultaneously, territorial
defence forces and republican militias were strengthened, and
paramilitary party or nationally exclusive units were formed.
2.14.1.2. The SFRY Presidency adopted an Order on the
Disbanding and Disarming of All lrregular Armed Forces. The text of
this Order read as follows:
"The Presidency of the Socialist Federal Republic of
Yugoslavia, in accordance with its constitutional obligations and
powers under Article 313 of the SFRY Constitution, after considering
the situation with respect to defence of the SFRY constitutional order
and the developments that directly threaten that order, concludes that
in several parts of the state territory SFRY laws are being flagrantly
violated with direct participation of certain organizations in foreign
States and the knowledge of their governments by the secret
importing of arms from neighbouring and other countries and their
distribution to citizens according to their national and political
affiliation. lllegal paramilitary armed formations are in this way being
created within certain political partieswhose existence and planned
terrorist activities present a direct threat of the outbreak of armed
rebellions and the most widespread inter-ethnic conflicts,with
unforeseeable consequences for the security of citizens and the
country's sovereignty and integrity.
"ln order to prevent these activities and make possible
peaceful and democratic processes and the implementation of the
ongoing reforms in the SFRY, the Presidency of the Socialist Federal
Republic of Yugoslavia issued the following Order at the meeting held
on 9 January 1991 :
"1. With the coming into effect of this Order, in the territory of
the Socialist Federal Republic of Yugoslavia al1 armed forces that are
not part of the united armed forces of the SFRY or under the
authority of the Secretariat of Interna1 Affairs and whose organization
is not in accord with federal laws must be disbanded." (Naredba
PredsedniStva SFRJ od 9. januara 1991 O rasformiranju svih oruianih
sastava koji nisu u sastavu jedinstvenih oru anih sastava SFRJ ili
organa unutra njih poslova 1 The Order of the Presidency of theSFRY of 9 January 1991 on the disbanding of al1 armed formations
not within the united armed forces of the SFRY or of internal affaires
authoritiesl, Annex No 253, pp. 1583-158511 586-1588)
2.14.1.3.The Order was never carried out. The Slovenian and
Croatian republican authorities stated that they would not allow this
Order to be put into effect in their territory because it would mean
interference of the JNA in affairs which fall within the jurisdiction
republican ministries of the interior. Moreover, republican authorities
legalized many of the pararnilitary units by recognizing them the
status of territorial defence or reserve police units.
2.14.1.4. The following is the staternent issued by the
Republic of Croatia on 10 January 1991:
"Proceeding frorn the sovereignty of the Republic of Croatia
as confirmed by the Constitution, according to which the Republic of
Croatia alone is responsible for securing order and peace in its
territory, the Council considers justified calls for the disarming of al1
illegally armed groups in the country. It stresses, however, that only
the republican ministries of internal affairs have authority in this area.
The Council stresses that there are no illegally armed groups in the
territory of the Republic of Croatia, except in the Knin district, and
resolutely warns that the Republic of Croatia will oppose with al1
available means any interference by the army in affairs which are
constitutionally the responsibility of the Ministry of lnternal Affairs of
the Republic of Croatia. The Council warns that, in defence of its
economic and political sovereignty, the Republic of Croatia will use al1
available means and will mobilize the whole Croatian people at home
and abroad, as well as the whole democratic public." (Suprotstavit
cemo se svirn sredstvima Mle Will Oppose with All Meansl Borba, 11
January 1991, Annex No 254, pp. 158911590)
2.14.1.5. Stipe Mesic, Prime Minister of the Republic of
Croatia, later inaugurated as president of the SFRY Presidency,
stated in connection with the arming of the armed formations of the
Croatian Ministry of lnternal Affairs" The Ministry of lnternal Affairs
of Croatia has its regular forces, reserve forces and special units. We
have arrned thern. Due to the enlargement of forces Croatia
demanded arms frorn domestic sources. It did not get them. We
addressed our trade-net and purchased thern." (Radoje Arsenic, Mesc
javno priznao uvoz oruija IMesic Publicly Confessed to the lmport of
Weaponsl Politika, 21 January 1991, Annex No 255, pp. 159111592)
2.14.1.6. After the massive illegal import of arms into the
Republic of Croatia was uncovered in January 1991, the Military
Court in Zagreb ordered the arrest of, Martin Spegelj, Croatia'sdefence minister, for investigation. Republican bodies that should
have carried out thisorder refused to do so.
2.14.1.7. It was agreed at the enlarged session of the SFRY
Presidency held on 21 March 1991 that meetings between
representatives of the republican presidencies should be organized to
enable discussion of the future constitutional order of Yugoslavia, or
alternatively the right to self-determination. Six such meetings were
held before Slovenia and Croatia took unilateral steps to secede.
2.14.1.8. The unilateral and violent acts of Slovenia and
Croatia destroyed al1 possibility of a peaceful and negotiated
settlement of misunderstandings between the republican leaderships.
2.15. The Arrned Rebellion against the SFRY in Slovenia
2.15.1.1.ln July 1989, there was a discussion in Slovenia
about a "basic charter", which was the ideological basis for secession
from the SFRY. The parliament of the Socialist Republic of Slovenia
adopted on 28 September 1989 the first of a series of amendments
to the republican constitution, which began the process of secession
from the SFRY. On 2 July 1990, the parliament adopted a
Declaration on Complete Sovereignty, which gave republican laws
precedence over federal laws. On 26 December 1990, the parliament
proclaimed Slovenia's independence.
2.15.1.2. On 19 January 1991, the SFRY Constitutional Court
composed at that time of judges from al1the federal units, including
Slovenia, annulled clauses of the Declaration that were not in accord
with the SFRY Constitution.(Odluka O ocenjivanju ustavnosti
Deklaracije O suverenosti driave Republike Slovenije, 10 January
1991, /Provisions of the Declaration on the Sovereignity of the
Republic of Slovenia on the Legal Superiority of the Republican
Constitution and Statutes over the SFRY Constitution and Federal
Statutes are not in Conformity with the SFRY Constitution and are in
Contravention of Federal Statute -- Decisionl, Annex No 256, pp.
1593-159511 596-1601, Odluka O ocenjivanju ustavnosti rezolucijO
predlogu za sporazumno razdruiivanje SFRJ, 2 October 1991, 1
Decision on the constitutionality of the Resolution on the Proposa1for
Consensual Disunion of the Socialist Federal Republic of Yugoslavial,
Annex No 257, pp. 1602-160311 604-1609, Odluka O ocenjivanju
ustavnosti Deklaracije povodom nezavisnosti, 9 October 1991,
/Decision on the constitutionality of the Declaration on the Occasion
of Independencel Annex, No 258, pp. 1610-161111 612-1615) 2.15.1.3. On 31 January 1991, the parliament of the Republic
of Slovenia adopted the Basic Constitutional Charter on the
lndependence of the Republic of Slovenia, which began the process
of "dissociation" from the SFRY. The parliament then adopted the
99th Amendment to the Republican Constitution, which proclaimed
Slovenia to be an independent state and a successor to the SFRY. A
Law on Military Service that provided for Slovenian soldiers to be
withdrawn from the JNA was adopted on 17 April 1991. On 8 May
1991, the Slovenian parliament adopted a Declaration on Dissociation
from Yugoslavia, which was to be completed by 26 June 1991 at the
latest. The Federal Chamber of the SFRY Assembly concluded at its
session on 25 June 1991 that " it did not recognize either the
interna1or the international legitimacy of the decision of the Assembly
of the Republic of Slovenia on a unilateral secession from Yugoslavia
....(Zakljutci Saveznog veca SkupStine SFRJ / Conclusions of the
Federal Chamber of the Assernbly of the SFRYl Official Gazette of
the SFRJ, No. 47, 25 June 1991, Annex No 259, pp. 16161161 7)
2.15.1.4. The SFRY Constitutional Court annulled the Basic
Constitutional Charter on the lndependence of Slovenia. (Odluka O
ocenjivanju ustavnosti Temeljne ustavne povelje O samostalnosti i
nezavisnosti Republike Slovenije, /Decision on the constitutionality of
the Basic Constitutional Charter on the Autonomy and lndependence
of the Republic of Slovenid Annex No 260, pp. 1618-162011621-
1625, Odluka O ocenjivanju ustavnosti Ustavnog zakona za
sprovodjenje Temeljne ustavne povelje O samostalnosti i nezavisnosti
Republike Slovenije 16 October 1991, /Decision on the
constitutionality of the Constitutional Law Charter on the Enforcement
on the Basic Constitutional Charter on the Autonomy and
lndependence of the Republic of Slovenid Annex No 261, pp. 1626-
162811 629-1635)
2.15.1.5. Despite the illegality of its legislative measures, the
Republic of Slovenia decided to put them into effect by force. On 25
June 1991, the Republic of Slovenia took control of the border, which
until then had been under the exclusive authority of the federal state.
Signs with SFRY markings and flags were removed from border
posts, and replaced by signs marked "Republic of Slovenia" and the
flag of the new, self-proclaimed state.
2.15.1.6. In keeping with its constitutional powers, the Federal
Executive Council assessed at its meeting on 25 June 1991 that
Slovenia's proclamation of independence was illegal and took two
decisions which provided the basis for the engagement of JNA units
in securing the state borders. The first of these was the Decision on
Direct Action toEnsure the lmplementation of Federal Regulations on
the Crossing of State Borders on the Territory of the Republic ofSlovenia, and the second was the Order Banning the Settings of
So-called Border Crossing Points lnside the Territory of the SFRY.
Both these documents were published in the SFRY Official Gazette,
No. 47, 25 June 1991, and took effect on 26 June 1991. (Odluka O
neposrednom obezbedjivanju izvrgenja saveznih propisa O prelaienju
driavne granice na teritoriji Republike Slovenije IDecision on Direct
Action to Ensure the lmplementation of Federal Regulations on the
Crossing of State Borders in the Territory of the Republic of
Slovenial, Naredba 3 zabrani uspostavljanja takozvanih graniCnih
prelaza unutar teritorije SFRJ IOrder Banning the Setting Up of So-
Called Border Crossing Points lnside the Territory of the SFRYI
Official Gazette of the SFRJ, No. 47, 25 June 1991, Annex No 262,
pp. 1636-163711638-1639)
2.15.1.7. The Decision on Direct Action to Ensure the
lmplementation of Federal Regulations on the Crossing of State
Borders on the Territory of the Republic of Slovenia stated:
"1. Inorder to secure the implementation of federal regulations
on the crossing of the state borders and movement in the border belt
within the territory of the Republic of Slovenia, and also to ensure
fulfillment of the SFRYfs international obligations and unhindered
international traffic and people's freedom to cross state borders, the
Federal Secretariat for lnternal Affairs ...will directly take over or
secure the execution of control of crossings of the state borders.
"2. In the direct by securing the implementation of federal
regulations on the crossing of state borders, the Federal Secretariat
will closely cooperate with the Federal Secretariat for National
Defence in order to engage border units of the Yugoslav People's
Army in securing the state borders and border crossing points as well
as inhabited places within the border belt."
2.15.1.8. The Order Banning the Setting up of So-Called
Border Crossing Points lnside the Territory of the SFRY stated
among other things:
"1. The setting up of so-called border crossing points inside
the territory of the SFRY is banned.
"Any so-called border crossing points that have been set up
must be removed on the date of the coming into force of this order,
"2. The Federal Secretariat for lnternal Affairs and the Federal
Secretariat for National Defence will ensure enforcement of this
order."
2.15.1.9. At the time of the adoption of the above said
Decision and Order, the Federal Executive Council was composed of
representatives of al1 the Yugoslav republics. The president of theFederal Executive Council, who signed both these acts, was Ante
Markovic, a representative of the Republic of Croatia. The
vice-president of the Federal Executive Council was fivkoPregl, a
Slovenian, while the Federal Secretary of Foreign Affairs was Budimir
LonEar, a Croat. The head of the General Staff was Veljko Kadijevic,
also a Croat.
2.15..1IO.On 27 June 1991 most of the JNA units involved
including officials of the Federal Secretariat forna1Affairs (which
engaged about 400 people) and the Federal Customs Administration
(which engaged about 270 customs officials) began moving towards
the border with the aim of taking control, 35 land border points,
one airport (Brnik) and one sea port (Koper) at which international
traffic was controlled and customs duties were collected. The task
was limited in character and did not imply any kind of combat action.
Only peacetime units of the JNA were engaged in its implementation.
The size of the force was determined in accordance with the
character of its task(1,990 JNA members were engaged) and the
assurances of the Federal Executive Council that it had reached a
political agreement with the Slovenian leadership that thesion be
implemented without the use of force. The national composition of
this JNA force was mixed, which can best be seen from the list of
names of the dead and wounded soldiers (The List of Soldiers and
Officers of the JNA Killed in the War in Slovenia, Annex 263, pp.
1640-6 1421143-6146).
2.15.1.1.The Slovenian leadership was informed about the
nature of the tasks and the movement of JNA units not only because
the Republic of Slovenia had its own representatives in the federal
government, but also because this was not a secret plan or a
conspiracy against one republic.
2.15.1.1 2.owing about the forthcoming movement of army
units, but before the start of any combat action, the newly formed
military leadership of the Republic of Slovenia decided to block roads
towards the border crossings. To this end, it used, among other
things, buses and heavy goods vehicles whose drivers were forced to
leave their vehicles on the road inorder to prevent the JNA units
from passing. Even buses that were transporting children were not
exempted from this treatment. On some roads, drivers were forced
to remain by their vehicles. Civilians, including foreign citizens, were
in this way used as a living shield. Brute force and death threats
were used against drivers who refused to remain at the roadblocks,
and near Trebnje, members of the Slovenian Territorial Defence shot
two drivers who complained most loudly and persistently as an
example to the others. 2.15.1.13. Together with the blockade of the roads, al1 military
facilities in the territory of the Republic of Slovenia were also
blocked, although only a small part of the JNA's units were engaged
in carrying out the task of securing the state border. This was
intended to create the impression that the newly proclaimed state
was exposed to all-out "aggression".
2.15.1.14. In blocking military facilitiesand army units,
members of the Slovenian Territorial Defence made extensive use of
the civilian population, exposing to attack in this way. JNA officers
were told that members of their families could suffer if they did not
surrender, and an officer's wife was brought to the blocked barracks
in Slovenska Bistrica in order to persuade him to surrender.
2.15.1.15. Especially revolting is the fact that, as well as
barracks, watch towers and army dumps, military health institutions
were also placed under a total blockade, including the "Mladika"
hospital in Ljubljana and the Rehabilitation Centre in Rimske Toplice,
as well as the Military Court. Electricity, water and telephone lines
and al1 supplies to these health institutions were cut off, fuel tankers
with petrol and trailers loaded with gas cylinders were placed in front
of the military hospital, and continuous threats were issued that the
hospital would go up in flames if JNA units attacked targets in
Slovenia. It should be noted that the above mentioned health
institutions wereoperi to the public and a large number of civilians
were at that moment receiving medical treatment in them.
2.15.1.16. Civi~lianswho were not of Slovene origin fared no
better. They were exposed to great pressures, which were intended to
make it clear that there was no place for them in the new state and
"help" them to decide to leave the Republic of Slovenia. Arrests
were made without ariy reason, andpeople were released from prison
only after they had siigned promises that they would leave Slovenia
within 24 hours. There were group searches and identity checks,
including threats of physical liquidation, and even children were note
spared humiliating sitiiations.
2.15.1.17. Meimbers of the Slovenian Territorial Defence did
not treat wounded or sick people and medical staff in army
ambulances any better than the civilian population. In many cases
army ambulances were not allowed to get to wounded people to
medical assistance, and when they were allowed vehicles transporting
wounded people to extend medical institutions were unnecessarily
stopped at barricades, staff were harassed, in many cases arrested,
and vehicles were confiscated. As a result of such treatment, a
number of wounded people succumbed to wounds because they did
not receive medical aid in time, although their wounds would nothave been fatal in normal circumstances. Military ambulances,
properly marked with the red cross, were often the targets of
intentional armed attacks.
2.15.1.18. JNA members who were arrested and designated
by the Slovenian authorities as "war prisoners" were exposed to
continuous psychological and physical mistreatrnent. As well as being
threatened with physical liquidation, insulted and battered, arrested
JNA members and federal customs officials, who could in no way be
identified as war prisoners, were housed in facilities which were not
fit for human habitation. One such facility was the abandoned mine at
Dol near Hrastnik. Arrested persons were transported to that place
hand-cuffed in windowless vans in which it was unbearably hot and
there was not enough fresh air. (Povrede humanitarnog prava
utinjenih od strane pripadnika TO Republike SlovenijeA/iolations of
~umanitarian Law by Members of the Territorial Defence of the
Republic of Slovenia, Committee Doc No 587194, Annex No 264, pp.
1647-165311654-1660)
2.16. The Arrned Uprising against the SFRY in Croatia and
Forcible Secession
2.16.1.1. In the campaign leading up to the first multi-party
elections in Croatia in 1989, the Croatian Democratic Union (HDZ)
party promoted the main point of its political programme at many
election rallies in Croatia and abroad: independence and sovereignty
of Croatia within its "historical borders". Alarge number of Ustashi
emigres and terrorists returned to Croatia, including even some
wanted by Interpol for terrorist activities. It was openly said at
election rallies of the HDZ and other parties that there was no place
in the new Croatia for Serbs, that the time had come for them to
move out or be killed, etc. These Ustashi emigres later, after the
victory of the HDZ, took key positions in important state bodies.
2.16.1.2. Franjo Tudjman said at the "first general congress cf
the HDZ" on 24 February 1990 that the lndependent State of Croatia
was not merely a quisiing creation and a fascist crime, but also an
expression of the historical aspirations of the Croat people. The HDZ
won in the first multi-party elections helin Croatia on 22 April and 6
May 1990.
2.16.1.3. On 25 January 1991, the SFRY Presidency issued a
statement on the compulsory demobilization of the Croatian police
reserve and published information about illegal imports of arms into
Croatia. 2.16.1.4. Croatia revived the coat of arms and the flag under
which the Croatian riationalist Ustashi committed genocide of Serbs,
Jews and Gypsies during World War Two. (Radoje Arsenic, Pod
starom zastavom IUinder the Old Flagl Politika, 20 January 1991,
Annex No 265, pp. 1661 11662)
2.16.1.5. The Croatian parliament adopted on 20 February
1991 a constitutional law stating that only republican laws were valid
in Croatia, which suspended the SFRY Constitution.
2.16.1.16. The dismissal of Serbs from work who had not
signed a statement of loyalty to Croatia by3 May 1991 began during
that same month.
Requesting the Serbs in Croatia to sign statements of loyalty
to the new Croatian government which identified itself with
fascist-Ustashi symbols and dismissing workers who refused to sign
constituted an act of serious national discrimination. Around 200
people of Serb natioriality employed in the judiciary of the Republic of
Croatia addressed th'e federal government with a request to protect
them from discrimination. At that time, two Serb policemen were killed
in Beli Manastir. Houses and cottages owned by Serbs were
dynamited and pulled down.
2.16.1.7. After a speech by Franjo Tudjman in Trogir on 5
May 1991, violent demonstrations occurred the next day in front of
the regional commantil of the JNA in Split during which demonstrators
killed the soldier SaSko GeSovski, a Macedonian. He was the first
JNA victim in the territory of the Republic of Croatia.
2.16.1.8. A parade by the National Guard, "the elite embryo of
the Croatian army", .with World War Two fascist symbols, was held
on 28 May 1991.
2.16.1.9. The Croatian parliament adopted on 18 June 1991 a
number of laws making possible Croatia's secession from the SFRY.
On 25 June 1991, the parliament adopted a declaration on the
proclamation of an iindependent and sovereign republic and initiated
the procedure for secession from the SFRY. The SFRY Constitutional
Court annulled th,e decision on Croatia's sovereignty and
independence on 16 October 1991. (Odluka O ocenjivanju ustavnosti
Ustavne odluke O suverenosti i samostalnosti Republike Hrvatske od
16. oktobra 1991 IDecision on the Sovereignty and the lndependence
of the Republic of Croatia, 16 October 19911, Annex No 266, pp.
1663-166411665-1669, Odluka O ocenjivanju ustavnosti Deklaracije O
proglasenju suverene i samostalne Republike Hrvatske od 13.
novembra 1991, IDecision on the constitutionality of the Declarationon the Proclamation of the Sovereignty and lndependence of the
Republic of Croatia13 Novernber 19911 Annex No 267,pp. 1670-
167216173-6179)
2.16.1IO.After a referendurn of the Serb people in the
Socialist Republic of Croatia held19August 1990, ail communes
with a Serb majority decided on9 March 1991 to secede frorn the
Republic of Croatia.
2.16.11.1The Serb people living in parts of the former
Yugoslav republic of Croatia where it constituted a rnajority of the
population forrned the Republic of Serbian Krajina.
2.16..12.Arrned clashes between Croatia's armed forces and
the Serb people who did not accept Croatia's secession and voted to
continue living in Yugoslavia began in the first 1991.Clashes
with the Serb population occurred on2 March in Pakrac, on 31
March in Plitvice, o6 April in Pakrac again, o2 May in Borovo
Selo, on 1 July in Tenja near Borovo, o4 July in Ljubovo, on7
July in Tenja again, 22 July in Mirkovci, 26 July in the Banija
and Kordun regions, on1 August in Dalj, on25 August in Vukovar
and on 3 Novernber in Western Slavonia. Croatia's secessionist
governrnent resorted to force in an atternpt to rnake the Serb people
living inreas where they were in a rnajority accept itc,authority.
2.16.1.1 3.situation of neither war nor peace existed right
up until the rnid of Septernber91, when the Croatian leadership
ordered a general attack on barracks and other JNA facilities
throughout Croatia. This marked the beginning of a conflict in which
the JNA was forced to defend itself. The Croats spread the war
against the JNA to the territory of Bosnia-Herzegovina.
2.16.1.14Slovenia and Croatia started the war in order to
secede from Yugoslavia. The JNA tried to prevent inter-ethnic
conflicts by deployrnent between territories with a Serb majority and
other parts of Croatia on the basis of the decision of the SFRY
Presidency of9 May 1991.
2.16.1.15.he assertion that the JNA cornrnitted aggression
against Croatias absurd, because it was in its own state territory at
its peacetirne locations which it used for decades. the JNA units
included rnany Croats who fought against Croatian nationalisrn and
secession.
2.16.116.The Croatian representative, Stjepan Mesic, was not
elected president of the SFRY Presidency at the Presidency meeting
of 15 May 1991 because he did not obtain a sufficient nurnber ofvotes. He was electetj under the pressure of the rninisterial "troika' of
the European Comrnunity at the meeting held on 1 July 1991.
2.16.1.17. Despite the attacks on the JNA and Serbs by
Croatian paramilitary forces, the President of the SFRY Presidency
was throughout this whole time a Croat, Stjepan Mesic. The Croatian
parliament did not recall Mesic frorn that position until 5 Decernber
1991, when he said: "1think I have completed my task -Yugoslavia
no longer exists."
2.16.1.18. In September and October 1991 over 100 Serb
civilians inGospic were killed or taken to camps. Croatian arrned
formations downed a helicopter with the Red Cross markings
transporting eight woiinded JNA soldiers.
2.16.1.19.Ethnic cleansing of Serbs frorn Croatia was effected
by rneans of taking possesion of their flats, dismissal from jobs and
depriving thern of citizenship, confiscations and mobilization. It is
estimated that about 60,000 criminal proceedings have been instituted
against Serbs. Serbs are found guilty in these cases but the
sentences are not delivered so that they cannot appeal to a higher
court. The Croatian regime in this way keeps the proceedings open
and uses the law to confiscate the property of Serbs and
Montenegrins against whom crirninal proceedings have been
instituted. According to the data presented in the Croatian parliarnent
more than 10,000 Serb children in Croatia have been converted to
Catholicisrn, 300,000 people left Croatia, rnost of thern Serbs.
2.16.1.20. Ttie airn of the new Croatian authorities was
secession, but the manner in which it was carried out was different to
that in Slovenia. Tlie main obstacle to secession was the Serb
people living in the territory of this former Yugoslav republic, which,
under the Constitution of the Socialist Republic of Croatia, had the
status of a constituent people of that republic until the election victory
of the nationalist HDZ. Under Article 1 of the Constitution of the
Socialist Republic of Croatia the Republic was defined as follows:
"The Socialist Republic of Croatia is the national state of the
Croatian people, the state of Serb people in Croatia and the state of
national rninorities living in it".
After the victory of the nationalist HDZ and the change of the
Constitution the Serb people lost that status and was proclairned a
national minority,anci a series of discriminatory acts were taken. The
Serbs offered resistance but Croatia atternpted to suppress this
resistance by force. A war was started against the Serb people which
was threatened with a new genocide. 2.16.1.21. In May and August 1995 Croatian forces crashed
the Serb defence in Croatia and expelled by force 400.000 Serbs
who had lived for centuries in the region of Western Slavonia and
areas around Knin.
2.16.1.22. It is quite natural that political developments in
Croatia, such as armed attacks on the Serb people, murders, forcible
expulsions of Serbs from Croatia or their treatment as second class
citizens, influenced the determination of the Serb people in
Bosnia-Herzegovina to resolutely oppose any attempt at forcible
secession from Yugoslavia.
2.17. Genocide of the Serbs in Bosnia and Herzegovina
during World War Two
2.17.1.l. With the Nazi occupation of Yugoslavia early in April
1941 Bosnia and Herzegovina were incorporated by force into the
lndependent State of Croatia, a satellite state led by the Croatian
fascists -the Ustashi, whose head was Dr. Ante Pavelic. A massive
campaign of conversion to Catholicism and of genocide was mounted
in that state. Certain Catholic clergymen directly worked on this up to
1943 when the Vatican distanced itself from the Croatian Ustashi
movement. In the organized genocide Serbs, Jews and Gypsies,
several hundred thousand people were killed. Croatian historians
prefer to use a smaller number (Odone Talpo: Dalmazia. Una
Cronaca per la storia 1941, Official edition of the ltalian General Staff,
Roma 1985, Annex No 268, pp. 168111682-1683);Branko J. Bokan,
Genocide of the Serbs of Bosnian Krayina 1941-1945, European letter
Itd., Beograd 1996, Annex No 269).
Two prominent American historians wrote the books "Convert
or Die" and "The Vatican Holocaust" a moving historical testimony on
the Ustashi crimes committed against the Serbs in the territory of the
lndependent State of Croatia (NDH) during World War II. (Edmond
Paris, Convert or Die, Catholic Persecution in Yugoslavia during
World War II, Chick Publications (USA), p. 80-85, Annex No 270, pp.
1684-1690; Avro Manhattan, The Vatican holocaust, The sensational
account of the most horrigying religious massacre of the 20th Century
(USA), 1988, p. 68-69, 74-75, 78-81, At~nexNo 271, pp. 1691-1700).
2.17.1.2. By the decision of Nazi Germany and fascist ltaly at
the Vienna Conference of 21 and 22 April 1941, Bosnia and
Herzegovina was made part of the lndependent State of Croatia
(NDH). By special provisions the Government of the lndependent
State of Croatia (NDH) designated its governors to quickly establish
Ustashi authorities and be in charge of direct preparations for theterror against the Serbs, Jews and Gypsies in Bosnia and
Herzegovina which WiaS to ensue.
2.17.1.3. Among the most notorious of the Ustashi governors
designated for Bosnia and Herzegovina were Dr ViMor Gutic (for the
Banja Luka region), Nikola JuriSic (for Travnik), Prof. Hakija Hadiic
(for the Tuzla basin):, Don Boiidar Bralo (for Sarajevo), Dr Dragutin
Kamber (for Doboj), [Ir Pavle Canki (for Mostar) and prof. Alija Suljak
(for eastern Herzegovina). Jure Francetic was appointed Chief Ustashi
Governor for the entire Bosnia and Herzegovina. During World War
Two the Nazi Germany organized a Muslim SS division - "Hanjar"
2.17.1.4. The establishment of Ustashi rule in Bosnia and
Herzegovina met with the overt support of Muslim politicians of the
Yugoslav Muslim Organization (JMO), the pro-Ustashi Muslim
intelligentsia as well as of different population strata which saw in it a
possibility of pursuing their own interests. Thus Osman Kulenovic was
the Vice-Premier of the Ustashi government until November 1941
when he was rep1ac:edby his influential brother Jafer. Among the
Ustashi were the leaders of JMO Hamid Kurbegovic, Ismet-beg
Kapetanovic and others. Among the pro-Franconian Muslims
prominent Ustashi diclnitaries were the deputy head of state Ademaga
MeSic, Mehmed Alajbegovic (later foreign minister of the lndependent
State of Croatia), Hakija Hadiic, Alija Suljak and others. In the
Government of the lndependent State of Croatia ( the Croatian
Parliament) there were as many as 11 representatives of the JMO at
the beginning of 194:).
2.17.1.5. The Ustashi authorities appointed the Muslims
Hamdija BeSlagic and Ragib Capljic heads of the counties of Pliva
and Rama and Usora and Soli. They al1 made efforts to have
Muslims declare theniselves as Croats and support the establishment
and strengthening of Ustashi rule in Bosnia and Herzegovina.
2.17.1.6. Usta.shipropaganda portrayed the Muslims as one of
the main constituenl:~ in the forming of the lndependent State of
Croatia and proclaimied them the "flower of Croatdom", and Bosnia
and Herzegovina "the heart and sou1of Croatia".At the same time,
the Serbs are represented as the centuries-old enemy that has to be
liquidated. Al1 this prompted many Muslims to join the Ustashi
movement, either through their participation in Ustashi and Home
Guardsmen quisling armed formations or by joining the said bodies
and organizations of the lndependent State of Croatia (NDH).
2.17.1.7. Intensified propaganda was employed throughout the
war, especially by religious factors (Muslim and Catholic) to incite to
crimes against the Serb people in Bosnia and Herzegovina with aview to carrying out the general strategy of the lndependent State of
Croatia (NDH) for solving the Serbian question: kill a third, expel a
third and convert a third to Catholicism or to Islam. By their cruelty
and massive scale, crimes in Bosnia and Herzegovina did not differ
from those in Croatia itself, especially in primitive religiously fanatic
Muslim communities. Thus for example crimes in Herzegovina, where
the Chief ustashi Commissioner was the Muslim Alija Suljak, started
as early as 1 June 1941 and soon reached unheard-of proportions. In
what are known as the three waves of carnage of the Orthodox
population (in June, on the holiday of St.Vitusl day (Vidovdan) and on
the holiday of St. Elias's day (Ilindan) in 1941, almost 12,000 men,
women and children of Serb nationality were killed, slaughtered and
thrown into pits. In the pit near the village of Korito near Gacko
alone, 160 Serbs were killed and their property was appropriated by
Muslims.
2.17.1.8. At the same time, in several villages near Ljubinje,
the Ustashi killed 143 peasants and threw them in a pit in the village
of Kapavica, and somewhat later, on 23 June 1941, in the valley of
Popovo Polje they captured and killed another 168 persons of Serb
nationality and threw them in the pit "Riani do". On 6 August 1941
the Ustashi threw about five hundred women, children and old men
who were mostly alive in the pit "Golubinka" in surmanci. Horrendous
massacres and carnage rapidly spread through Herzegovina. Of 1020
Serb inhabitants of the village of Prebilovci near capljina, 824 were
subjected to the crime of genocide by the Ustashi. The pits "Riani
do", "Pandurica", "Golubinka", "Kapavica", "Vidovno", "Bivolje brdo",
"Hutovo", "Benina ograda", and many others were full of massacred
Serbs at the time. In the sheds of the military camp at Nevesinje 137
men, women and children were killed in the carnage on St. Vitus'
Day and the Ustashi planted potatoes on their graves. In the eastern
part of Staro Petrovo Selo near Stara GradiSka, 25 Serbs in the 35 -
40 years age group were killed and this, alongside the adoption of
numerous regulations against the Serbs, was one of the reasons why
the Serbs began to put up resistance. (Genocid u Nezavisnoj driavi
Hrvatskoj 1941. -Skrivana stvarnost/Genocide in the lndependent
State of Croatia 1941-Hidden Reality, Military History lnstitute
Belgrade, Military History Gazette 1-211 994, pp.79-104, Annex No
272, pp. 1701-172711 728-1756).
2.17.1.9. At that time, the Ustashi killed 526 men, women and
children in capljina and the surrounding villages, of which 283
persons on the execution site near Opuzen. At the same time, 450
Serbs from Mostar were slaughtered, battered to death with clubs or
thrown into the Neretva river. The mass scale of these murders is
gruesomely attested to by the "request of the Croatian population"
from the Neretva river valley to the highest authorities of thelndependent State of Croatia (NDH), "not to throw the corpses of
killed Serbs into the Neretva and other rivers of Herzegovina because
they pollute the water".
2.17..IO.The most massive carnage in the territory of Bosnia
took place in its western regions in Aug1941.It is estimated that
at the end of June over20,000Serbs, among whom a large number
of children, were killed in the districts of Bihac, Bosanska Krupa and
Cazin alone. About 6,000 people were killed in the area of Sanski
Most and another 6,000 in the area of the districts of Prijedor and
Bosanski Novi. Only in Bosanska Krupa, on 31 July 1941, the
Ustashi killed several hundred Serbs (men, women and children) and
the day after, in the general "cleansing" of that district, a further
1,000 persons of Serb nationality.
2.17.11.1The daily reports of the Gendarmerie show that in
the area of the murinicipality of Buiin "betwee1,000 and 1,300
Serbs were killed" in just one (1yAugust 1941),500 Serbs in the
surroundings of KljuE while the day af800,hostages were killed in
Sanski Most, and nearly 3,000 men, women and children of Serb
nationality in the territlory of the entire district.
2.17.1.12 Muslirn Ustashi took the lead in most of these
campaigns. The Office for Public Order and Security of the
lndependent State of Croatia (NDH) was informed on 22 August
1941, that "an Ustashi unit composed of 200 Bosnians - Muslims
attacked the Serbvillage of Kotorane in the district of Dvor na Uni"
and that the attackebrsset fire houses, plundered the village and
slaughtered a large number of its inhabitants.
2.17.1.1 O3. the first day of Septembe1941,the village of
Srdjevici was raided by a group of Muslims from the nearby villages
of Basci i, Kula, Muhovici and from Gacko who, led by Musa Basic
and Avdo Zvizdic, set fire to houses and looted Serb properiy.
2.17.1.1 T4.e extermination of the Serbs and the ultimate
solution to the Serbian question were not much different in other
parts of Bosnia and Herzegovina either. The Commander of the
Vojna Krajina (Military Frontier)ommand, in his report of 20
September 1941, comments on the situation in the area of Jajce and
its surroundings afteir theiva1of Muslim Ustashi from Herzegovina
and notes that "total anarchy reigns in Jajce, 117 Ustashi who fled
Mostar and Herzegovina before the ltalian army, mostly Muslims from
Gacko and Mostar, are committing grave atrocities in Jajce and the
vicinity: four days agio 158 Greek Orthodox Serbs were slaughtered in
the Orthodox Church in Jajce". 2.17.1.15. In numerous actions of this kind, Muslim Ustashi
took the lead in killing, slaughtering and massacring the Serbian
population and looting their property. The Serbs, in smaller or larger
groups, took refuge in the mountains and fled from one territory to
another before such terror. "ln the period from 1-5 August between
4,600 and 5,000 Orthodoxes fled to the area of the gendarmerie
precinct firovac in the district of Cazin, from the area of the
gendarmerie precincts Vrgorac and Ravnice, fleeing untold terror at
the hands of the Muslims", says the daily report of 15 August 1945.
2.17.1.16. The report of the district of Slunj of 24 September
1941 to the Ministry of the lnterior of the lndependent State of
Croatia states that in the period immediately preceding the Report,
"there was large-scale persecution and cleansing of Serbs at the
hands of the local Muslims - rambunctious Ustashi" in the area of
the counties of Krbava and Psat "especially in the districts of Cazin,
Bihac. and the station of Velika KladuSa".
2.17.1.17. The Serbs were massacred with unprecedented
bestiality and horrendously tortured. The Ustashi killed them
everywhere: in the Street, in the fields, on their thresholds, before
their parents and children. They gouged out their victims' eyes, eut
off their tongues and ears, slit open the bellies of women extracting
unborn irifants, smashed in their skulls.
It is a state of fact that in 1941 the regular armed forces of
the lndependent State of Croatia (NDH), the Ustashi, offered as a
birthday present to their leader Ante Pavelic a basket full of eyes
they had gouged out of dead Serbs.
2.17.1.18. Even the overt enemies of the Serb people were
appalled at the use of such horrific methods to "solve the Serbian
question", one very much resorted to by the Muslim Ustashi. The
Vice-Marshal Vladimir Laksa, special representative of the head of
state Ante Pavelic reported, already in the first days of July, that "no
citizen, no woman, no child can count on staying alive". At the same
time, the German commander of Sarajevo qualified such crimes as
"violence of the worst kind", quoting examples of mass murder and
massacre of Serbs.
2.17.1.1.The Ustashi crimes against the Serbs in Bosnia and
Herzegovina which started in the first days after the establishment of
the lndependent State of Croatia (NDH), continued unabated in 1942
and until the end of the war. In February 1942 alone, the Ustashi,
led by Father Vjekoslav Filipovic Majstorovic, as they themselves
admitted, killed 2,300 Serbs with pickaxes, hoes and axes in the
villages of argovac, Dragulici and Motike near Banja Luka.
Somewhat later, in the middle of the year, under the command ofGerman general Friedrich Stahl and in cooperation with German units,
the Ustashi wiped out 140 villages at the foot of Mt Kozara. Some
70,000 inhabitants of Kozara out of a total of 195,000 were deported;
46,642 adults and 23,858 children were taken to the Ustashi camp
Jasenovac. Most of them were killed in the camp, i.e. 33,398 adult
civilians and 11,194 children.
2.17.1.20. ParciIlelto mass liquidation and terror the authorities
of the Independent State of Croatia (NDH) systematically expelled
Serbs out to Serbia or forcibly converted them to Roman Catholicism
or Islam. According lo German data, in 1941 alone some 180,000
Serbs were expelHed out to Serbia from Croatia and
Bosnia-Herzegovina and during the four years of World War Two
(1941 - 1945), some 400,000 Serbs from Bosnia were banished to
Serbia.
2.17.1.21. During the war, special larger Ustashi armed
formations were formed of Muslims, such as for instance, the 13th
SS Muslim Division and the 369th Legionary Division. The Hanjar
Division, set up in May 1943 by Hitler's Germany and made up of
Muslims (60%) and of Germans, mostly Volksdeutschers (40%), was
the most notorious o'f them all. These units killed 352 Serbs at
Sremska Rata alone in July 1944. They set houses on fire in a
number of villages and killed over 100 persons at Jarmen while they
sent al1persons capable of work to Germany. They slaughtered 35
persons, mostly worrien and children in the Orthodox church at
Brezovo Polje, a village near Bijeljina.
2.18. Reactions by Externat Factors
2.18.1.l. For some time external factors supported the
sovereignty and territorial integrity of the SFRY. The European
Parliament in Strasbourg expressed concern over the situation in
Yugoslavia on 14 FAarch1991, but added that it still believed in the
country's future ancl supported its unity and territorial integrity. At a
meeting with the President of the Federal Executive Council held on
4 April 1991, an EIC ministerial "troika" pledged its support for the
preservation of Yugoslavia and the peaceful resolution of the crisis.
British Foreign Office spokesman Ray Kyle told a press conference
on 12 April 1991 that Great Britain supported a united Yugoslavia
within its present borders. The possible creation of mini states would
not be in the interests of either the Yugoslav nations or Europe.
French President F'rancois Mitterrand said on 16 April 1991 that the
disintegration of Yugoslavia would split Europe at its seams and
could not and woi~ld not be allowed. Mark Jansen, EC Ambassadorin Belgrade, said on May 15 1991 that the EC was thinking only of a
united Yugoslavia and that the country's breakup would run contrary
to integration processes in Europe. ltalian Foreign Minister Gianni de
Michelis said on 16 May 1991 that ltaly supported a united and
democratic Yugoslavia. Soviet President Mikhail Gorbachev said after
talks on European cooperation with ltalian Prime Minister Andreotti on
22 May 1991 that both leaders felt solidarity for those forces in
Yugoslavia that favoured its preservation. The CSCE Ministerial
Council supported a united SFRY at a meeting held in Berlin on 19
June 1991. US Secretary of State James Baker said on 21 June
1991, at the end of a visit to Yugoslavia, that the United States
supported a united and democratic Yugoslavia and would not
recognize unilateral acts of secession by individual republics. The
British Foreign Minister, D. Hurd, said on 30 June 1991 that the
partition of Yugoslavia was not possible because there were no real
borders between the republics and any partition would cause terrible
conflicts. The resolution adopted by the European Parliament on 19
July 1991 did not support the acts of unilateral secession.
1.18.1.2. Despite the Brioni agreement on the cessation of
armed conflicts of 6 July 1991, in Croatia attacks continued on
barracks and other military facilities and on areas where the Serbs
were in a majority and had formed their own state. In August and
September of that year some European states began changing their
attitudes towards the Yugoslav crisis and gave effective support to
secessionist forces.
1.18.1.3. A Peace Conference on Yugoslavia was organized
at the intitiative of the European Community and held its first session
in The Hague on 7 September 1991. A draft Declaration on a
Complex Arrangement for Resolving the Crisis, based on the
sovereignty and independence of each of the former federal
constituent republics, their mutual recognition, possibilities of forming
free associations and mechanisms for the protection of human rights
and national and ethnic minorities, was presented to the second
plenaty session of the Conference in The Hague on 18 October
1991. The previous strong support for the territorial integrity and
sovereignty of the SFRY gave way to support for the disappearance
of this state and its replacement by six new and independent states
which had hitherto been members of the Yugoslav Federation.
1 .18.1.4. Since Yugoslavia rejected this proposal on the
grounds that it was contrary to the principles of international law and
constituted flagrant interference in Yugoslavia'serna1affairs, the EC
foreign ministers decided at a meeting held in Rome on 8 November
to impose sanctions against Yugoslavia. "The Community and its member States also noted with great
concern that the basic: elements of the proposals on behalf of the
Twelve put forward bv Lord Carrington, airned at a comprehensive
political situation, have not been supported by al1 the parties. As a
consequence, the negotiating process has been put in jeopardy.
"ln the light of the seriousness of the situation, the
Community and its member States have decided to take the following
measures:
- immediate siispension of the application of the Trade and
Cooperation Agreement with Yugoslavia and a decision to terminate
the Agreement,
- restoration of the quantitative limits for textiles,
- rernoval of \/ugoslavia from the list of beneficiaries of the
General Systern of Preferences,
-formal suspension of benefits under the Phare programme ...
"The Cornmunity and its mernber States decided that positive
compesatory measures will be applied vis-a-vis parties which do
cooperate in a peaceful way towards a cornprehensive political
solution on the basis of the EC proposals." (Declaration on
Yugoslavia, Extraordinary EC Ministerial Meeting, Rome, 8 November
1991, Sl23203, pp. 2,:3,Annex No 273, pp. 1757-1758)
The EC Coluncil of Ministers decided on 2 December to
introduce economic sanctions against Serbia and Montenegro alone.
No one has ever trield to offer any explanations as to what rules of
international law provided legal grounds for the EC to adopt such an
attitude towards Yugcislavia. The EC assumed the role of an arbiter
and decided that Yugoslavia should cease to exist as a state. The
honour to cornrnunicate this decision was accorder to M. Badinter.
2.18.1.5. In tlhe Letter dated 10 December 1991 from the
Secreatry-General of 'the United Nations addressed to the Minister for
Foreign Affairs of the Netherlands it is stated:
"... I am deeply worried that any early, selective recognition
could widen the present conflict and fuel an explosive situation
especially in Bosnia-tiercegovina and also Macedonia; indeed, serious
consequences could ensue for the entire Balkan region. I believe,
therefore, that uncoorldinatedactions should be avoided.
"1 should be grateful if you could bring my concerns to the
attention of your partners among the Twelve, given the particular
responsibility of the United Nations for the maintenance of
international peace isnd security."(Letter dated 10 December 1991
from the Secretary-General of the United Nations addressed to the
Minister for Foreign Affairs of the Netherlands, 5123280, pp. 21,22,
Annex No 274, pp. 175911760) 2.18.1.6. Not heeding the warningof the Secretary-General of
the United Nations, on 16 December 1991, the EC Ministerial Council
adopted a declaration expressing its readiness to recognize the
independence of al1 the Yugoslav republics which applied for
international recognition by 23 December 1991. This, too, constituted
a flagrant interference in Yugoslavia'sterna1affairs.
2.18.1.7. In January 1992 Slovenia and Croatia were
recognized first by the Vatican and Germany and then under
Germany's pressure by other EC countries, and soon afterwards by
another 40 states. The SFRY protested to all of them against the
premature recognition which was contrary to international law.
2.18.1.8. During February 1995, the European and US
representatives in the "Contact Group" made the lifting or suspension
of sanctions introduced by the UN Security Council against
Yugoslavia conditional on Yugoslavia's recognition of the
newly-created states of Croatia, Bosnia-Herzegovina and Macedonia.
Powerful states and groups of states have for a variety of motives
and interests thus dropped support for the sovereignty and territorial
integrity of one country and replaced itwith support for secessionist
governments.
2.19. Premature Recognition of Bosnia and Herzegovina as
a Sovereign and lndependent State
2.19.1.l. On 20 December 1991 the government of
Bosnia-Herzegovina decided by a majority of votes to submit to the
Ministerial Council of the European Community a request for the
international recognition of Bosnia-Herzegovina as an independent
state. The SDS members of the government voted against this
decision. Odluka O priznavanju driavnostilDecision on the recognition
of statehood, Official Gazette SR 6-H, 1991, No. 37, p. 1085, Annex
No 275, pp. 176111762)
2.19.1.2. On 20 December 1991, the Presidency of
Bosnia-Herzegovina decided by a majority of votes to submit a
request to the European Communities for the recognition of
Bosnia-Herzegovina as a sovereign state. (Odluka O podnosenju
zahteva za priznavanje SR BiH kao nezavisne driave IDecision on
Submitting a Request for the Recognition of the Socialist Republic of
Bosnia and Herzegovina as an lndependent State, Official Gazette
SR B-H, 1992, No. 4, p. 96, Annex No 276, pp. 176311764) 2.19.1.3. At ail SDS press conference in Sarajevo on 20
December 1991, Dr Koljevic and Dr PlavSicsaid that they had not
agreed with the vote taken in the Bosnia-Herzegovina Presidency to
seek recognition of Bosnia-Herzegovina as a sovereign state.
(Muharem Duric, Zajedno ili deobe frogether or Dividedl Politika, 21
December 1991, an ne:^ No 277, pp. 176511766-1767)
2.19.1.4. At a session of the Bosnia-Herzegovina parliament in
Sarajevo on 24 and 25 January 1992, a decision was taken to
organize a referendiim asking citizens of Bosnia- Herzegovina
whether or not they wanted Bosnia-Herzegovina to be a sovereign
state. This decision was adopted against the opposition of the Serb
deputies. SDS Presicjent Dr Karadiic said at the parliamentary
session: "We want Bosnia-Herzegovina to be transformed so that
Serbs will have strong links with Yugoslavia, Croats with Croatia and
Muslims with Yugoslavia and with Croatia as much as they want. It
does not have to be Yugoslavia, it can be a Serb federation. What
we are offering cannot be more honest: every people to determine
itself its position vis-a-vis any other people, to have its own
government and safegiuard its sovereignty. Bosnia-Herzegovina should
be acceptable to al1 three peoples. Only then should we hold a
referendum. That is the only way to avoid any undesirable effects, to
calm down the peoples and to let them start living normally at l..."
The discussion in the Assembly showed that there was
readiness to accept the decision that first the regionalization of
Bosnia and Herzegovina, acceptable to al1the three peoples, should
be agreed upon and then organize a referendum. When it seemed
that the agreement wias at hand, Alija lzetbegovi refused to agree on
a regional transformation of B-H and then organize a referendum, and
proposed instead that the Assembly should vote immediately whether
it accepted the decision on a referendum. After the deputy Dr
Vojislav Maksimovi said on behalf of the Serb deputy club that for
Serb deputies it was unacceptable to put the decision on the
referendum on the agenda, and that they would withdraw if it was
done, lrfan Ajanovic, Vice-President of the Assembly of SFRY and
one of the SDA leaders, threatened to act in the same way as on 14
October 1991, when the Assembly of SR B-H adopted the Platform
and the Memoranduni without the presence of SDS deputies. That is
exactly what happened. The decision on referendum was included in
the agenda, Serb deputies withdrew, and the parliament adopted the
decision. (Muharem Duric, Odluka O referendumu bez srpskih
poslanika IDecision on Referendum without Serb Deputies/ Politika 26
January 1992, Annex No 278, pp. 176811769-1 771)
2.19.1.5. The referendum in which Bosnia-Herzegovina's
citizens were asked whether they wanted a sovereignBosnia-Herzegovina was held on29 February and 1 March 1992. The
Serb people abstained from voting at the referendum. The results of
the referendum were not officially published. (Bosnia-Herzegovina,
Defence and Foreign Affairs Handbook, London,1994,p.135, Annex
No 98)
2.19.1.6.Although the international standards had not been
fulfilled, the European Community recognized Bosnia-Herzegovina as
a sovereign state on 6 Apri1992. Other states followed suit. At the
moment of recognition, therepublican government in Sarajevo
controlled only a small part of the territory of the Republic of
Bosnia-Herzegovina. The Bosnian SerbRepublic was emerging in the
same territory and was in armed conflict with the government in
Sarajevo. Those who decided on the recognition of
Bosnia-Herzegovina must have known that6 April1941 was the date
on which Nazi Germany had bombed Belgrade and began its attack
on Yugoslavia, without declaring war. (Bosnia-Herzegovina, Defence
and Foreign Affairs Handbook, London1994, p.135, Annex No 98)
2.1.1.7. Lord Carrington, Co-chairman of the International
Conference on the Former Yugoslavia, said on 26 September 1992
that the recognition of Croatia, Slovenia and Bosnia-Herzegovina by
the European Community and other countries had been premature.
(Priznanje Bosne tragiEna greska /Recognition of Bosni-a Tragic
Mistakel Politik27 September 1992, Annex No 279, pp. 177217173)
2.19.1. The French President, Mitterrand, pointed out several
times that the recognition of the so-called Republic of Bosnia and
Herzegovina had been premature. (Un entretien avec M. Francois
Mitterrand, Le Monde9 fevrier1993,Annex No 280, pp.1774)
2.19.1.9 President of the Foreign Policy Committee of the
Russian Parliament Ambarcumov stated that the premature
recognition,articularly of Bosnia and Herzegovina, was responsible
for the deterioration of the Yugoslav criand the outbreak of the
war. (Statement to Globus Magazine, Zagreb, 5 March 1993,Annex
NO 281, pp. 1776-717717180)
2.19.1IO. Former US Secretary of State, Henry Kissinger
wrote in an articleublished in the Los Angeles Times on 16 May
1993: "lt is important to understand that Bosnia has never been a
nation; there is no specifically Bosnian cultural identity.
(........)
The most irresponsible mistake of the current tragedy was
international recognition of a Bosnian state governed by Muslims,
blindly following the precedent of Germany's hasty recognition ofSlovenia and Croatia. But whereas Croatia and Slovenia had their
own identity, Bosnia wi2Sa Yugoslavia in microcosm.
"lt ia mystery why anyone could even think that Croats and
Serbs, unwilling to stay together in the larger Yugoslavia, could be
induced to create a jomintstate in Bosnia together with Muslims they
hated for centuries." (:Henry A. Kissinger, "ln Bosnia Peacekeeping
Forces Will be Peacemakers" Los Angeles Times, 16 May 1993,
Annex No 282, pp. 17133)
2.19.1.11. US Secretary of State, Christopher said that the
premature recognition of Croatia and Bosnia and Herzegovina caused
the civil war. (Statemelntto US Today, 17 June 1993, Annex No 283,
pp. 1786-1792)
2.19.1.12. Former ltalian Foreign Minister De Michelis has also
pointed to the premature recognition of Bosnia-Herzegovina.
(Statement to the "L'Europeo", 18 June 1993, Annex No 284, pp.
1793-179411 795)
2.19.1.13. Fornner French Foreign Minister Dumas said that
the premature recognition was a mistake. (Statement to AFP, 19 June
1993, Annex No 285, pp. 1796)
2.19.1.14. In Annex I to the Report on the situation of human
rights in the territory of the former Yugoslavia submilted by Mr
Tadeusz Mazowiecki, Special Rapporteur of the Commission on
Human Rights, pursuant to paragraph 14 of Commission resolution
19921s-111of 14 Augu~st1992, (EICN.411992lS-119,28August 1992, p.
18, Annex No 286, pp. 1798) it is stated:
"Three separaite regions are under the control of the
Government of Bosnia-Herzegovina, namely, part of the capital,
Sarajevo; the region known as Bihac, adjacent to the border with
Croatia in northwest Bosnia; and parts of central Bosnia and
Herzegovina. Much of the territory of Bosnia and Herzegovina is not
under the control of thle recognized Government."
2.19.1.15. It is clear that the recognition of
Bosnia-Herzegovina occurred contrary to the rules of international law.
The secessionist government controlled only a small part of the
territory of the former Yugoslav republic of Bosnia-Herzegovina. In
addition, this governnient was also vety unstable, which could be
seen not only in the fact that it was in conflict with the Republic of
Srpska, but also in the continual clashes and efforts to resolve
problems in relations between the Muslim and Croat representatives.
As well as the Republic of Srpska, two other new independent Statesemerged in this process: Herzeg-Bosnia under Croat control; and the
Autonomous Province of Western Bosnia under the control of Muslim
leader Fikret Abdic, who had broken off relations with Izetbegovic.
2.20. Elections in Bosnia and Herzegovina of 14 Septernber
1996
2.20.1.l. "ln the free elections that marked the end of
communisrn, in November 1990, the Bosnian electorate partitioned
itself into Muslims, Serbs and Croats. A single Muslim party, the SDA
(Stranka Demokratske Akcije, or 'Party of Democratic Action') took 86
of the 240 total seats (35.8%); a single Serb party, the SDS (Srpska
Demokratska Stranka, or 'Serbian Democratic Party') took 72 of the
seats (30%); and a single Croat Party, the HDZ (Hrvatska
Demokratska Zajednica, or 'Croatian Democratic Union') took 44 of
the seats (18.35%). The Muslim, Serb and Croat percentages of the
1991 population were, 43.7, 31.3 and 17.5 respectively. Thus the
'democratic' election was essentially an ethnic census. Given the
chance to vote as Bosnians, the population of Bosnia and
Herzegovina chose instead to vote, overwhelmingly, as Muslims,
Serbs and Croats. This 1990 voiting pattern was consistent with the
results of the few other relatively free elections in Bosnia and
Herzegovina in the twentieth century (1910 and the 1920s), when
Bosnians "voted overwhelmingly for ethnically based parties, and
single a party achieved an overwhelming majority among the voters
of each nationality.' As was also true in the earlier parts of the
century, mass ethnic violence erupted among the members of this
ethnically divided population when the larger state that contained
Bosnia and Herzegovina at the time of the elections later collapsed
(the Austro-Hungarian Empire in 1919, the Kingdom of Yugoslavia in
1941, the SFRY in 1991)." (Statement of Robert McBeth Hayden, p.
9, Annex No 93)
2.20.1.2. In accordance with to the Agreement on Elections,
contained in Annex III to the General Framework Agreement for
Peace in Bosnia and Herzegovina, the elections were held on 14
September 1996. The three national parties in Bosnia and
Herzegovina scored a convincing victory, the same as in 1990: the
Muslims Party of Dernocratic Action, the Serb DernocraticParty and
the Croatian Democratic Union (OSCE Mission to Bosnia and
Herzegovina, ELECTIONS in Bosnia and Herzegovina, Final Official
Results, Vienna, 8 October 1996, Annex No 287, pp. 1799-1827) 2.20.1.3. However, there were some differences. At the 1990
elections for the postlof a rnember of the Presidency of the Republic
of Bosnia and Herzegovina Fikret Abdic won the largest number of
votes, e.g. 1.045.539. Izetbegovic scored 879.266 votes. At the 1996
elections for a mernber of the Presidency of Bosnia and Herzegovina,
among the Muslim Candidates, lzetbegovic won 80% of the votes. He
was followed by Hari!; Silajdiic with 13.82% of the votes. Silajdiic
broke up with Izetbegovic in 1995, accusing him of intending to
introduce a one-party system in Bosnia. In 1996, Fikret Abdic won
only 2.80% of votes. He parted Companywith lzetbegovic as early as
1991 accusing hirn of lslarnic fundametalism and, as it is known,
supported by the Muslirn population in Western Bosnia, established
the Autonomous Province of Western Bosnia which had been in
armed conflict with Alija Izetbegovic's forces from 1992 to 1995, when
Fikret Abdic's forces were defeated. Fikret Abdic found refugee in
Croatia. He was accused of armed rebellion by the authorities in
Sarajevo and was not allowed to personally participate in the election
comaign in 1996.
2.20.1.4. Political disagreement between the leadership of the
Federal Republic of Yugoslavia and the leadership of the Republic of
Srpska bacame wuite obvious and open after the competent organs
of the Republic of Srpska refused to accept the Vance-owen Plan.
These political differences were very clearly expressed also during
the 1996 election campaign. Despite this, however, the Serb
Dernocratic Party scored a convincing victory. This fact confirms the
Respondents view tha't the political behaviour og the Serbs in Bosnia
and Herzegovina is independent of the positions of the leadeship of
the FR of Yugoslavia.
2.21. Conclusions
2.21.1.1. The Republic of Srpska has existed as a State in
the territory of the former Yugoslav Republic of Bosnia and
Herzegovina ever since April 1992. It has not been recognized as
a State but has been recognized by the Applicant, and by other
States as a party to the conflict (warring party). The international
personality of the R~:public of Srpska has been accepted by the
internationalcornrnunity and by the Applicant at least to the extent
to which it possessed that capacity as a party to the conflict in
rnaterial time.
2.21.1.2. Since 14 Novernber 1995, when the General
Frarnework Agreernerit for Peace in Bosnia and Herzegovina came
into force, Republic of Srpska is recognized as an entity of Bosnia
and Herzegovina. The international cornrnuinity accepted thelegitimacy and legality of the Republic of Srpska as well as al1 its
legal acts which are not in contradiction with the Constitution of
Bosnia and Herzegovina.
2.21.1.3. The reason behind the inception of the Republic of
Srpska is not any "ideology of a Greater Serbia" nor any plan
worked out in Belgrade but rather the concern of the Serb people
over its survival in those areas. The grounds for this concern are
to be found in the political events such as coming to power of
people devoted to the projects of radical Islam in Bosnia and
Herzegovina and revival of Ustashi ideology in Croatia, new anti-
Serb coalition of Muslim and Croat parties, ethnic cleansing of
Serbs in Croatia, political and armed pressure on Serbs in Bosnia
and Herzegovina as well as memories of the past when genocide
of Serbs in Croatia and Bosnia and Herzegovinaduring the Second
World War was comrnitted.
2.21.1.4. The Republic of Srpska has its territory,
population and a stable government. It manifested al1 attributes of
sovereignty and independence. Neither did it accept the
suggestions of the FR Yugoslavia and friendly States, nor did the
NATO ultimatum and the Security Council measures significantly
influence its behaviour.
2.21.1.5. Consequently, the FR of Yugoslavia did not
exercise any sovereignty nor any control over the territory
controlled by the Republic of Srpska in the former Yugoslav
Republic of Bosnia and Herzegovina. The FR of Yugoslavia did
not control the Republic of Srpska's behaviour in any area. Even
though it has sought on several occasions, the FR of Yugoslavia
has not managed to influence that behaviour. CHAPTER III
THE POLlCY OF THE FEDERAL REPUBLIC OF YUGOSLAVIA
TOWARDS THE REPUBLIC OF SRPSKA AND BOSNIA AND
HERZEGOVINA
3.1. The Yugoslav People's Arrny
3.1.1. Reorganizalion and Relocation of JNA
3.1.1.l. The Applicant's assertions that there was a
"symbiosis" between lthe leaderships of the the Republic of Serbia
and the JNA also in irespect of the reorganization of the JNA (paras
2.3.3.1 and 2.3.3.2 of the Memorial, pp. 64-65, and para. 6.2.1.3 of
the Memorial, p.247) are groundless.
3.1.1.2.Repre!;entatives of the republics and the Federation
agreed at a meeting held on Brioni on 7 July 1991 in the presence
of representatives of the European Cornmunity on a three-month
suspension of unilateral acts of secession undertaken by Slovenia
and Croatia and on the need to seek a peaceful settlement. This
Agreement was not olbserved by Slovenia and Croatia. Slovenia kept
control over international border crossings and Croatia continued
attacking the JNA.
3.1.1.3. The $;FRY Presidency decided on 18 July 1991 to
relocate the JNA cornrnand centres, units and facilities from the
territory of the Republic of Slovenia until a lasting agreement was
reached on Yugoslavia's future, and to withdraw part of these
command centers, units and facilities to theRepublic of Serbia and
the Republic of Bosnia and Herzegovina. This decision was not
taken by the leadership of the Republic of Serbia alone but by the
SFRY Presidency, which at that time was chaired by Stjepan Mesi
the representative of the Republic of Croatia, a Croat by nationality.
He also signed the decision. (Odluka PredsedniStva SFRJ O
premestanju jedinica ,INA sa teritorije Slovenije u druge delove SFRJi poruka javnosti u vezi sa tim1Decision of the SFRY Presidency on
Relocation of JNA Units from the teritory of Slovenia to other Parts of
the SFRY and related Massage tC1the Public, Annex No 288, pp.
1828-183111832-1835).
3.1.1.4. It becarne clear that personnel changes and territorial
reorganization were inevitable in the JNA when a number of
top-ranking officers of Slovene and Croat nationality joined the rebels
and took part in military operations against the JNA and when JNA
units withdrew from Slovenia and Croatia.
3.1.1.5. It is also evident that not al1JNA units from Slovenia
and Croatia could withdraw to Serbia and Montenegro, and part of
them had to be relocated in the Republic of Bosnia-Herzegovina,
which at that time was an integral part of the SFRY. This made the
relocation completely legal and justified.
3.1.2. The Withdrawal of the Yugoslav People's Arrny frorn Bosnia
and Herzegovina
3.1.2.1. On 26 April 1992 a meeting was held in Skopje with
the participation of the following personalities: on behalf of the
Supreme Comrnand of the Armed Forces, the Vice-President of the
Presidency of the Socialist Federal Republic of Yugoslavia Branko
Kostic, the acting Federal Secretary for National Defence Colonel-
General Blagoje Adlic and the President of Bosnia and Herzegovina
Alija Izetbegovic. The first exchange of views was held on the status
of part of the Yugoslav People's Army located in Bosnia and
Herzegovina and on the possibilities of its transformation. It was
agreed that the competent bodies of the Yugoslav People's Army and
of the Republic of Bosnia and Herzegovina meet as soon as possible
in order to consider the aspects of this issue. Assessing the situation
in Bosnia and Herzegovina as extremely complex, the participants in
the meeting appealed to al1 the armed formations in the territory of
Bosnia and Herzegovina to respect the agreed upon cease-fire,
remove the barricades from the roads and railway-tracks and deblock
al1the barracks and other military facilities. The need to deblock the
Sarajevo airport was particularly emphasized. This problem was to be
solved as a rnatter of urgent by the competent authorities of the
Yugoslav People's Army and thecorresponding bodies of Bosnia and
Herzegovina. The participants in the meeting agreed that it was
necessary to seek political solutions to the situation in Bosnia and
Herzegovina and in that respect expressed their support for the
continuation of the negotiations under the auspices of the European
Community. (M. Krstic, PodrSka nastavku razgovora O BiH u Lisabonu/Support for the Coritinuation of Talks on Bosnia-Herzegovina in
Lisbonl Politika, 27 Alpril 1992, Annex No 289, pp. 1836l1837-1838,
Minutes of the SFRY Presidency 195th Session of 27 April 1992,
Annex No 290, pp. 1839-184011841-1842)
3.1.2.2. The Secretary-General reported on the same meeting:
"On 26 April 1992, President lzetbegovic of Bosnia and
Herzegovina met at Skopje with general Blagoje Adiic, Chief of Staff
of JNA and Acting Federal Secretary for Defence, and Mr. Branko
Kostic, Vice-President of the Federal Presidency in Belgrade, to
define the role of JNA in Bosnia and Herzegovina and its eventual
withdrawal. This meeting did not produce a definitive agreement and
the Belgrade authorities on 4 May announced their decision to
withdraw from Bosnia and Herzegovina by 18 May al1 JNA personnel
who were not citizens of that Republic. On 13 May, Vice-President
Kostic proposed to Piresidentlzetbegovic that the talks be resumed
with the partcipationof representatives of the Bosnian Serb and Croat
communities. On the same day, authorities of the so-called 'Serbian
Republic of Bosnia and Herzegovina' announced their decision to
form their own army, which would be composed of units of the former
JNA based in Bosnia and Herzegovina, and appointed General Ratko
Mladic as Commander of that army." (Report of the Secreatry-General
Pursuant to Paragraph 4 of Security Council Resolution 752 (1992),
Sl24049, 30 May 1992, Annex No 291, pp. 1843-1847)
3.1.2.3. There is no information that Mr. Izetbegovic was
unsatisfied with the talks. He did not say that he considered the
Yugoslav People's Arrny a hostile or aggressive force in Bosnia and
Herzegovina nor did he demand its withdrawal from Bosnia and
Herzegovina. By its impartial attitude, the JNA has not provided a
reasons for a different position of Mr.Izetbegovic.
3.1.2.4. The F'residency of Yugoslavia, at its 197th session
held on 4 May 1992, after discussion decided on the following:
"The Presidency of Yugoslavia considered the implementation
of its Order of 27 April 1992 on reducing the competence of the
JNA to the territoryand citizens of the Federal Republic of
Yugoslavia.
"The information submitted by the Supreme Command on the
implementation of the said Order was accepted and it was decided
that al1the remaining citizens of the Federal Republic of Yugoslavia -
in employ with the JhlA in Bosnia-Herzegovina -should quickly return
to the territory of Yugoslavia, within 15 days at the latest.
"The Presidericy of Yugoslavia evaluated that since this
process should be completed within 15 days, according to theConstitution of the Federal Republic of Yugoslavia there are no
grounds on the basis of which the Presidency of the Federal
Republic of Yugoslavia or any other Yugoslav organ could decide on
the military issues in the territory of Bosnia-Herzegovina." (Zapisnici
sa 197 Sednice PredsedniStva SFR Jugoslavijel Minutes of the 197th
Session of the Presidency of SFR Yugoslavia held on 4 May 1992,
Annex No 292, pp. 1848-185011851-1852,Sl24049, para 5 Annex
129)
3.1.2.5. The cited decision of the Presidency of Yugoslavia is
of decisive importance for the Case. The decision is clear: "according
to the Constitution of the Federal Republic of Yugoslavia there are no
grounds on the basis of which the Presidency of the Federal
Republic of Yugoslavia or any other Yugoslav organ could decide on
the military issues in the territory of Bosnia-Herzegovina". At the
same time citizens who did not have citizenship of Serbia or
Montenegro, republics - members of the FR of Yugoslavia, remained
outside the new competence of the FR of Yugoslavia and they could
not legally be subject to any request of organs of the FR of
Yugoslavia. The territorial diminishment of the FR of Yugoslavia
reduces its competence in terms of territory and personnel.
3.1.2.6. The Report of the Secretary General pursuant to para.
4 of Security Council Resolution 752 (1992), reads, inter alia:
"On 17 May received a letter from Admiral Milosav Simic,
Chief of General Staff of JNA, requesting assistance in the safe
withdrawal of JNA troops from Bosnia and Herzegovina, and
particularly from Sarajevo, Pazari i and Zenica. The letter referred,
inter alia, to an agreement signed on 10 May 1992 at the premises
of the UN Protection Force in Yugoslavia (UNPROFOR) at Sarajevo
by representatives of the Presidency of Bosnia and Herzegovina,
JNA, the European Community Monitoring Mission and the Personal
Envoy of Lord Carrington, Mr. Colm Doyle. On 21 May,
Vice-President Kostic again wrote to ask me to request President
lzetbegovi to order the deblocking of the JNA garrisons at Sarajevo"
(Sl24049, para 3, Annex 129)
3.1.2.7. If the Vice-President of the Yugoslav Presidency and
the Chief of General Staff of the JNA addressed to the Secretary-
General of the UN requesting assistance in the safe withdrawal of the
JNA troops from Bosnia and Herzegovina, and particularly from
Sarajevo, Pazari i and Zenica, it could not be evidence of aggressive
intention of Yugoslavia towards Bosnia and Herzegovina. On the
contrary it proves firm determination of Yugoslavia to withdraw its
military forces and that it was being hindered from doing so bymilitaty action of Muslim and Croat forces under the control of the
Government in Sarajevo.
3.1.2.8. In connection with the withdrawal of the Yugoslav
People's Army from Hosnia and Herzegovina and the control of the
army of the Republic of Srpska, the Report of the Secretary-General
pursuant to paragraph 4 of Security Council Resolution 752 (1992) of
May 30 1992. (S124049)contains the following:
"5. The bulk of the JNA personnel who were deployed in
Bosnia and Herzegovina were citizens of that Republic and were not
therefore covered by the Belgrade authorities' decision of 4 May to
withdraw JNA from Bosnia and Herzegovina. Most of them appear to
have joined the army of the so-called "Serbian Republic of Bosnia
and Herzegovina". Others have joined the Territorial Defence of
Bosnia and Herzegovina, which is under the political control of the
Presidency of that Republic. Others may have joined various irregular
forces operating there.
"6. Those who are not citizens of Bosnia and Herzegovina are
said by the Belgrade authorities to number barely 20 per cent of the
total. Most of these are believed to have withdrawn already into
Serbia or Montenegro, some of them having been subjected to attack
during their withdrawal. Others however remain at various garrisons in
Bosnia and Herzegovina, especially in Serb-controlled areas, including
two installations on the outskirts of Sarajevo. A further category
consists of personnel who have been blocked in their barracks by the
Territorial Defence of Bosnia and Herzegovina or hostile irregular
forces. These are novv mostly in the Sarajevo area, where the latest
developments have been as follows:
"(a) Some 600 to 1,000 soldiers are blocked in the Marshal
Tito Barracks at Sarajevo, with nearly 200 vehicles. Negotiations on
the evacuation of these barracks continued until 27 May 1992, when
they broke down following a mortar attack which killed some 16
civilians in central Sarajevo. On 30 May 1992, the barracks came
under attack from rocket-propelled grenades and flame-throwers fired
by the Territorial Defence of Bosnia and Herzegovina;
"(b) Several hundred JNA personnel from Jusuf Dionlic
Barracks, a logistic base at Sarajevo, and Viktor Bubanj Barracks
were in the process of withdrawing from Sarajevo during the night of
27/28 May 1992. The convoy, which was being accompanied by
UNPROFOR, was attacked by Serb irregulars opposed to the terms
of their withdrawal arid by units of the Territorial Defence of Bosnia
and Herzegovina, and lost its way. Some units became separated
from the rest; 30 JNP, vehicles and their drivers went missing and at
least 1 soldier was killed: "(c) Several hundred JNA cadets, mainly between 14 and 17
years of age, who were blocked in Pazarici, some 15 kilometers
south of Sarajevo, were evacuated on 29 May.
"7. It wili be apparent frorn the foregoing that the issue of the
deblocking and safe withdrawal of the remaining JNA troops from
theirbarracks in Bosnia and Herzegovina has become linked to other
problems which nave caused continuing conflict in that Republic and
has in particular been complicated by problems relating to the
withdrawa! of heavy weapons from these barracks and from Bosnia
and Herzegovina. UNPROFOR has received indications that the JNA
leadership in Belgrade is willing to leave the bulk of its weapons
behind upon withdrawal, but the leadership of the army of the
"Serbian Republic of Bosnia and Herzegovina" is unwilling to permit
this.
"8. Uncertainty about who exercises political control over the
Serb forces in Bosnia and Herzegovina has further complicated the
situation. The Bosnia and Herzegovina Presidency had initially been
reluctant to .engage in talks on these and other issues with the
leadership of the "Serbian Republic of Bosnia and Herzegovina" and
insisted upon direct talks with the Belgrade authorities instead. A
senior JNA representative from Belgrade, General Nedeljko BoSkovic,
has conducted discussions with the Bosnia and Herzegovina
Presidency, but it has become clear that his word is not binding on
the commander of the army of the "Serbian Republic of Bosnia and
Herzegovina", General Mladic. Indeed, as indicated in paragraph 6 (b)
above, Serb irregulars attacked a JNA convoy withdrawing from a
barracks at Sarajevo on 28 May under arrangements negotiated by
General BoSkovié.It also appears that the heavy shelling of Sarajevo
on the night of 28/29 May took place on the orders of General
Mladic in direct contravention of instructions issued by General
BoSkovic and the JNA leadership in Belgrade.
"9. Given the doubts that now exist about the ability of the
authorities in Belgrade to influence General Mladic, who has left JNA,
efforts have been made by UNPROFOR to appeal to him directly as
well as through the political leadership of the 'Serbian Republic of
Bosnia and Herzegovina'. As a result of these efforts General Mladic
agreed on 30 May 1992 to stop the bombardrnent of Sarajevo. While
it is my hope that the shelling of the city will not be resurned, it is
also clear that the ernergence of General Mladic and the forces
under his command as independent actors apparently beyond control
of JNA greatly complicates the issue raised in paragraph 4 of
Security Council resolution 752 (1992). President lzetbegovi has
recently indicated to senior UNPROFOR officers at Sarajevo his
willingness to deal with General Mladic but not with the political
leadership of the 'Serbian Republic of Bosnia and Herzegovina'.
"10. As regards the withdrawal of elements of the Croatian
Army now in Bosnia and Herzegovina, information currently availablein New York suggests that no such withdrawal has occurred.
UNPROFOR has received reliable reports of Croatian Arrny personnel,
in uniforrn, operating within, and as part of, rnilitary formation in
Bosnia and Herzegovina. The Croatian authorities have consistently
taken the position that the Croatian soldiers in Bosnia and
Herzegovina have left the Croatian Arrny and are not subject to its
authority. International observers do not, however, doubt that portions
of Bosnia and Herzegovina are under the control of Croatian rnilitary
units, whether belonging to the local Territorial Defence, to
pararnilitary groups or to the Croatian Arrny. It is unclear in the
circurnstances how their withdrawal or disbandernent, as required by
the Council, can be achieved." (Sl24049, pp 2-4, Annex 129)
3.1.2.9. The said report of the Secretary General is of the
greatest importance 110this Case. It is stated in it that General
Mladic, the cornrnantler of the arrny of the Serbian Republic of
Bosnia and Herzegovina (narne changed into the Republic of Srpska),
left the Yugoslav People's Arrny and is not under the rnilitary and
politicalcontrol of the authorities of the Federal Republic of
Yugoslavia. It is also stated that he was under the political control of
the cornpetent authoi'ities of the Serbian Republic of Bosnia and
Herzegovina. Likewise, it is rnentioned that the units of the Yugoslav
People were attacked while withdrawing not only by the Muslirn
forces but also by irregular Serbian forces which opposed the
leaving of JNA weapons to the Muslirn forces. Therefore, itis evident
that there irregular Serb arrned forces were not under the control or
influence of the JNP, or other bodies of the Federal Republic of
Yugoslavia.
3.1.2.10. the JNA was a source of cornrnand cadre of al1
three warring parties in Bosnia and Herzegovina. Military officers of
Muslirn and Croat forces were also former JNA officers. Also, the
rnajority of rnernbers of Muslirn and Croat forces were draftees,
soldiers or persons liable to rnilitary service in the former JNA or
units of territorial defence. is absurd that, due to this fact, the acts
of al1 three warring parties or any of them be considered as
attributable to the FR of Yugoslavia.
3.1.3. Attacks on the Yugoslav People's Arrny in Bosnia and
Herzegovina
3.1.3.1. During March 1992 Muslirn and Croat rnilitary
formations started attacks on the JNA. Underlying the Croat attacks
was the intent to involve Muslirn forces in arrned confrontation with
the the JNA and Serb people in Croatia and Bosnia andHerzegovina. The official explanation for Muslirn attacks was the
request that weapons of the JNA be left in Bosnia and Herzegovina.
The real reason of the SDA leadership was to involve Yugoslavia in
war and pretend that the forces attacking the JNA are victirns of
Yugoslav aggression, so as to find a justifiable cause for an endless
war for the realisation of its political and religious airns.could not
be said that this tactic was entirely insuccessful.
3.1.3.2. Croat arrned formations positioned in the territory of
the commune of Neurn opened artillery fire on the JNA unit on 22
March 1992. On that occasion, five the JNA members were killed:
Slavko Lukovac, Vukan Joksirnovic, Zoran Obradovic, Radenko
Filipovic, Sefket Suljevic and Branislav Mrdak. (D.M. S.D. Poginulo
Sest pripadnika rezervnog sastava the JNA /Six the JNA Reservists
Killedl Politika, 24 March 1992, Annex No 293, pp. 185311854)
3.1.3.3. Muslirn and Croat arrned formations created three foci
of crisis: Bosanski Brod, Neurn and Goraide. (M. Duric, Pucnji od
mora do Bosanskog Broda IShots frorn the Sea to Bosanski Brod1
Politika 25 March 1992, Annex No 294, pp. 185511856-1857)
3.1.3.4. In Bosanski Brod Croatian Arrned Formations (HOS
and ZNG) and the Muslirn "Green Berets" engaged Bosnian Serb
territorial defence units. The town was shelled frorn Slavonski Brod in
Croatia.
3.1.3.5. The Republican Ministry of the lnterior of B-H did not
try to prevent inter-ethnic conflicts. (M. Duric, Opet sukobi i barikade,
IConflicts and Barricades Againl Politika, 2 April 1992, Annex No 295,
pp. 185811859-1860)
3.1.3.6. In Bijeljina there were arrned clashes after Muslirn
armed formations had erected barricades in the streets. (P. Simic,
Gradske borbe u Bijeljini IFighting in the City in Bijeljinal Politika, 2
April 1992, Annex No 296, pp. 186111862-1863)
3.1.3.7. On 3 April 1992 in Mostar a terrorist act took place
when a tank truck loaded with shells left in front of the the JNA
barracks "Mostarski bataljon" exploded. Extensive rnaterial darnage
was caused and a nurnber of soldiers and civilians were injured.
(Cisterna je bila napunjena granatarna,/Tank Truck Filled with Shellsl
Politika, 5 April 1992, Annex No 68)
3.1.3.7.1. In April 1992, the JNA unit in Konjic was exposed
to increased pressure that culrninated with an attack on 5 May 1992.
(Annex No C 120 svedoCenje B.Di./testernony B.Di., pp. c1214-
12181~1 219-CI224) 3.1.3.8. In April 1992 Ejup Ganic and Stjepan Kljujic as
members of the B-H Presidency, Juka PuSina, as assistant
Republican Minister of the lnterior of B-H, Hasan Efendic, former the
JNA Colonel, presently Commander of the B-H territorial defence,
Fikret Muslimovic, forrrier the JNA Lieutenant Colonel, and assistant
security commander of the 6-H territorial defence, Jovan Divjak,
Colonel and member of the Main Command of the B-H territorial
defence lzet Bajramovi called "Celo", and Jusuf Prazina, as
commanders of the "Green Berets" of the B-H territorial defence,
Jovica Berovic, investigator in B-H police, agreed to launch armed
attacks on military facilitiesunits and officers and take over
weaponry and ammuniition. To this effect, they issued an order to al1
B-H territorial defence paramilitary formations, and in late April and
early May started armed actions. The competent military authorities of
Yugoslavia pressed charges against these persons on the grounds of
criminal act of armed rebellion and war crimes.
3.1.3.9. Croat forces and Muslim "Green Berets" attacked the
the JNA barracks in Derventa. Five Serb territorial defence members
were killed and seven others were wounded in the attack. About 100
Serbs were imprisonecl in the basement of the the JNA Army Club.
(D. Kecman, Napad na kasarnu the JNA u Derventi IAttack on the
the JNA Barracks in Dervental Politika, 26 April 1992, Annex No 297,
pp. 186411 865-1866), (Annex No. C 103 svedoCenje M.S.3ltestemony
M.S.3, pp. ~1050-1054/~1055-~1059)
3.1.3.10. The ,INA ambulance vehicle was stolen. From that
vehicle the "Green Berets" in Sarajevo opened fire on the town and
passengers at the bus station. The media attributed the attack to the
JNA. Fire was also opened at the military hospital in Sarajevo both
from that vehicle and from the mosque.
3.1.3.11. The road to Butrnir airport was blocked and two
nearby mosques were used for surveillance and for opening fire at
the airport.
3.1.3.12. On the morning of 30 April 1992, a terrorist attack
was carried out against three the JNA soldiers in a cafe opposite the
Command of the Second Army District. Predrag Ninkov and SaSa
UroSevic were killed. Another soldier and a 13-year old child were
severely injured. A nnember of the "Green Berets" called Pavijan
opened fire at the saicf persons without any reason.
3.1.3.1. On 2 May 1992, a direct all-out attack on al1the the
JNA units started. lzet Bajramovic called "Celo" was ordered to attack
with his unit the the ,INA centre in Sarajevo. He did it around 11.30a.m. supported by the unit commanded by Juka Prazina, a notorious
criminal. Six persons were wounded in the the JNA centre.
The same day around 1.00 p.m. a motor vehicle
transporting food from the "Marshal Tito" barracks in Sarajevo to the
barracks of the Second Army District Command was attacked and on
that occasion lieutenant Goran Belic, who was sitting next to the
driver, was seriously injured, while Goran Divovic, the driver, was
killed.
3.1.3.14. On the morning of 2 May 1992, Muslim armed
formations attacked the building of the the JNA centre in Sarajevo. In
the building there was a small number of the JNA members, who
soon found themselves in a difficult situation as they were largely
outnumbered by the enemy. They requested reinforcement.
Reinforcement troops set off from the Second Army District Command
between 12.30 p.m. and 1.00 p.m. The troops consjsted of military
police units headed by Colonel Milan uput. The column was moving
along Dobrovolja ka Street -Skenderija - Obala Vojvode Stepe Street
- the Drvenija bridge -the the JNA centre. While moving along Obala
Vojvode Stepe Street in the direction of the the JNA centre, the the
JNA unit was blocked at a point parallel to the "Djuro Djakovic"
Technical College. Near the Main Post Office in front of the column
there was a barricade consisting of containers. The column could not
withdraw because behind it, at the end of Obala Vojvode Stepe
Street, there was a public transport tram around which there were
chevaux-de-frise. A missile was fired from a bazooka from behind the
barricade on the first the JNA transporter, with Sergeant Magazin in
it. After that the 6-H territorial defence members opened fire at the
column from the neighboring buildings. Responding to the attack, the
JNA members divided into two groups taking positions in the
neighboring buildings. One group with Colonel uput, Captain Srdjan
Petrovic and Captain Miodrag Markovic took the passage in the
building of the Technical College, while the second group with
Corporals Dragan Stepanovic, Bojan Jovanovic and Milan Kontic took
a building nearby the Main Post Office.
3.1.3.15. lmmediately after the attack on Colonel Suput's unit,
another military police unit set off from the military hospital in two
"Pinzgauer" vehicles (registration plate P-4319, with Captain Marko
Labudovic, lieutenants Obrad Gvozdenovic and lvica Cvetkovic,
Soldiers Branko Popovic, Srdjan Nikolic, Aleksandar Blagojevic, Rado
Pajovic and Milan Pejic; and registration plate P-3535, with Colonel
Nihad Kastrati, Corporal Dragan Matic and soldiers Dragan Lazukic,
Mladen Nikolic, Kruno BeSic, Dragan GlamoEanin and Dragoslav
Nikolic and two "Citroen" ambulances. At the invitation of Colonel
uput this unit set off to unblock the surrounded the JNA members
and to rescue the wounded. However, as soon as it arrived in ObalaVojvode Stepe Street, the unit was attacked. The front vehicle driven
by Colonel Obrad G\~ozdenovic was hit by an anti-armour missile
because of which it ti~rned to the tram rails and ran into an electric
mine. Colonel Gvozdenovic burned in the vehicle. After that, fire was
opened from al1 directions on the JNA members. Since they were in
a hopeless situation Captain Labudovic shouted that they were
surrendering, but Mu.slims paid no attention to it and continued
opening even more intense fire.
3.1.3.16. In a three hour fight most soldiers from Captain
Labudovic 's group vvere killed. During that time, Colonel uput's
group successfully rejiscted the attacks until thenext morning, on 3
May 1992, when they were deceived and captured. Namely, that
morning Colonel uput agreed with the Muslim Commander that
soldiers and officers be enabled to return to the Command, and when
they gathered in the! Technical College building, Muslim soldiers
disarmed thern and took them to prison.
3.1.3.17. In the fighting on 2 May 1992 the following persons
were killed: Captain Marko Labudovic, lieutenant lvica Cvetkovic,
lieutenant Obrad Gvozdenovic, lieutenant Midhad Kastrati, soldiers
Rado Pajovic, Aleksaridar Blagojevic, Mladen Nikolic, Slobodan Jelic,
Predrag Cerovic, Miodrag Djuric, Srecko Jovanovic, lvica Simic,
Dragan Vitkovic, Kruno BeSlic, Perica Novi and Branko Popovic. (The
testimonies of the JNA members about the rrtentioned attacks on the
JNA in Sarajevo, Annex No 298, pp. 186711-9 (Witness L.M.),
1867110-14 (Witness S.D.), 1867115-19 (Witness S.M.), 1867120-23
(Witness R.P.), 1867124-26 (Witness G.B.), 1867/27-28 (Witness f.~.),
1867129-31 (Witness I.S.)
3.1.3.18. A rnechanized the JNA column with officers and
soldiers from the garrison of the Second Army District Command was
attacked in Sarajevo on 3 May 1992. The evacuation was carried out
on the basis of an agreement between Alija lzetbegovic and the JNA.
The agreement was reached with the mediation of UNPROFOR and
the EC Mission. UNPROFOR participated in the organization of the
evacuation. Despite this, paramilitary formations of the Ministry of the
lnterior and the Territorial Defence of Bosnia-Herzegovina opened fire
in DobrovoljaCka Street around 6.00 p.m. on the column after the
vehicle carrying Alija lzetbegovic and Lt.-Gen. Milutin Kukanjac had
passed. Although no one in the column had given any motive for the
attack, they forced soldiers and officers to get out of the vehicles,
stripped them to their underpants, ordered them to lie down on the
asphalt with their faces turned to the ground and kicked them, hit
them with rifle butts and shot at them as they lay there. On this
occasion they killed Colonels Dr Budimir Radulovic, Miro Sokic,
Gradimir Petrovic, BoE;koMihajlovic, and Lt. Colonel BoSko Jovanovic,soldier Zdravko Tomovic and Suko Normel, a civilian employee of the
the JNA. The attackers interrogated some of the officers while they
lay on the ground and shot at them with small arms seriously
wounding Colonel Ratko Katalin. Mernbers of UNPROFOR and the
EC Mission watched what was happening. Colonels Hasan Efendic
and Jovan Divjak watched the doings of their troops al1along but did
not intervene. The paramilitary formations of the Bosnia-Herzegovina
Territorial Defence then took about 200 officers and soldiers to the
police headquarters where they were mistreated and interrogated by
people commanded by lvica Berovic, in the presence of Goran Milic,
TV director. One of the captured soldiers was taken out and
murdered in the basement while lnspector lvica Berovic interrogated
Colonel Slavoljub BeloSevic for 36 hours without interruption, hitting
him with truncheons and a pistol on the face, the kidneys and other
parts of his body. Groups of civilians were allowed into the prison
and spat at, pushed and kicked Colonel BeloSevic, causing him to
lose consciousness several times. They then took him to another
room, turned on a strong light and directed it an his eyes, bringing it
to within two to three centimetres from his eyes. They held him in
this position for 11 hours without a break, hitting him al1 over his
body. His eyes were swollen up and he could not see at al1 for
several days (Minutes of the hearing of witness: S. B., Annex No
299, pp. pp. 1868-187811 879-1888; witness Milutin Kukanjac, Annex
No 300, pp. 1889-191111 912-1933, Major General Lewis MacKenzie,
Peacekeeper, Douglas & Mclntyre, Vancouver/Toronto 1993, pages
164-1 71, Annex No 301, pp. 1934-1942)
3.1.3.19. At the same time shots were fired from nearby
mosques and other buildings at the Sarajevo military hospital. The
9th floor of the hospital was damaged. Parallel with these attacks,
small arms fire was opened at the Rajlovac airfield from the mosque
in Sokolje, Sarajevo, in which paramilitary formations of the
Bosnia-Herzegovina Territorial Defence force had placed a
machine-gun nest. (Annex No 298, pp. 186711-9(Witness L.M.)
3.1.3.20. Representatives of the Presidency of
Bosnia-Herzegovina and the the JNA, under the sponsorship of the
personal representatives of Lord Carrington and the head of the EC
Monitoring Mission B-H, agreed on a cease-fire on 5 May 1992 to
take effect immediately in Sarajevo and elsewhere in
Bosnia-Herzegovina. All parties to the conflict were urged to support
the cease-fire.(Focus: Documents 92 p. 88, Annex No 302, p. 1943)
In spite of the withdrawal decision of the SFRY Presidency and the
cease-fire agreement, Muslim armed formations continued their
attacks on the JNA units as they withdrew. (R.K. Borbe posle
masakra IFighting after the Massacre1 Politika, 5 May 1992, Annex
No 303, pp. 194411 945-1946, D. Stevanovic, Napadnuta kasarna"MarSal Tito"r'Marshal Tito" Arrny Barracks under Attackl Politika, 31
May 1992, Annex No :304,pp. 194711948)
3.1.3.21. On 15 May 1992 at 7.00 p.m., in Skojevska Street
in Tuzla the last the JNA colurnn was attacked as it withdrew frorn
the barracks. In spite of the agreement concluded between Muslirn
authorities and the JIqA on safe withdrawal several dozens of the
JNA rnernbers were killed in the attack. (Testirnony of the JNA
soldiers: R. Dj., D.V., J.J., Dj.R., I.B.,V.M., Annex No 305, pp. 1949-
1953 (Witness R.R.Dj.), 1954-1958 (Witness V.D.), 1959-1962
(Witness J.J.), 1963-1970 (Witness R.Dj.), 1971-19780 (Witness
B.V.I.), 1981-1988 (Wi1:nessM.V.)
3.1.3.22. The Applicant reproduces the following information
on the attacks on the JNA units:
"The cornrnancfer of the Arrny of Bosnia-Herzegovina Serbs
said that there rnust be no more attacks on Yugoslav Army soldiers,
such as the attack in Sarajevo of two weeks ago or the recent
massacre of an arrny column in the Bosnian town of Tuzla, where 'of
the 49 innocent soldiers and officers, citizens of the Federal Republic
of Yugoslavia, six were shot dead and the others killed with blunt
irnplernent axes."(Tanjug, 1540 grnt, 30 May 1992, source: BBC
Surnmary of World Broadcast, Mernorial,para. 2.3.6.2, p. 78)
3.1.3.23. The New York Times of 21 May 1992 reported that
Serbian forces held 5,000 hostages fleeing the war in Bosnia until the
Governrnent of Bosnia lifted blockades of the Yugoslav Arrny
barracks. The following day, the same newspaper said that 5,000
hostages were released after the Bosnian Governrnent agreed to lift
the blockade of Yugoslav Army barracks and to supply the barracks
with food and other siipplies. (Application, para. 87A, p. 82)
3.1.3.24. The battle for the Marshal Tito barracks and the
Secondary Quarterrnaster School in Sarajevo recornrnenced' on 30
May 1992. The soldiers, surrounded by the "Green Berets" appealed
to UNPROFOR for help.
3.1.3.25. It was obvious that the JNA was attacked by Muslirn
and Croat forces controlled by the Governrnent in Sarajevo and that
those attacks slowed down and hindered the withdrawal of the JNA
frorn the region. The attacks continued even after the decision of the
Yugoslav Presidency on the withdrawal of the JNA mernbers, citizens
of the Federal Republic of Yugoslavia, and after the decision of the
Presidency of 4 May 1992 to accelerate the withdrawal, as well as
despite several agreements on cease-fire and agreements on
concrete actions of evacuation of the JNA frorn certain facilities. It isevident from the above that the JNA was not the attacker, but the
attacked.
3.1.4. The Alleged Participation of the the JNA in Arrned
Conflicts in Bosnia and Herzegovina
3.1.4.1. The Applicant represents (para.2.3.5.3 of the
Memorial, p.72, as well as in para 6.2.1.5 of the Memorial, p. 247)
that "the offensive carried oiit by the the JNA and the irregular
Serbian forces was not a chaotic and uncontrolled explosion of
ethnic violence. On the contrary, it was a well-planned and thoroughly
executed military campaiyn by one state against another ..The arriva1
of irregular units from across the Serbian and Montenegrin border
also fits in this pattern, which is not at al1 consistent with the notion
of a civil war." This assertiondoes not correspond to the facts.
3.1.4.2. Inter-ethnic tensions continuously mounted in Bosnia
and Herzegovina during 1991. The Serb people were exposed to a
horrible media campaign. Pressures and attacks on the Serb people
and the the JNA started already during 1991. Armed violence
escalated after a Serb wedding party in the old Turkish bazaar
BaSEarSijawas shot at. Then, joint patrols composed of members of
the the JNA and members of the Secretariat for Interna1Affairs of the
Republic of Bosnia and Herzegovina were formed so as to restore
peace and security in Sarajevo. However, armed attacks on the JNA
members and barracks in Sarajevo and other places in Bosnia and
Herzegovina started and from then on the the JNA was in a state of
defence and withdrawal from Bosnia and Herzegovina. (Testimony of
M. Kiikanjac, Annex No 300)
3.1.4.3. In para. 3.2.0.1 of the Memorial (p.97) the Applicant
refers to the statement of the President of the Security Council
(5123842) of 24 April 1992, in which the latter invites the" 'regular or
irregular forces' to cease military operations and demanding that 'al1
forms of interference from outside Bosnia-Herzegovina cease
immediately"'. At that time the forces of the state of Croatia operated
in the territory of the former Yugoslav republic of Bosnia and
Herzegovina (See Chapter 7 of the Counter-Memorial). the JNA
troops were withdrawing, which was hindered and slowed down by
the continued attacks of irregular Muslim and Croat units. From this
report nothing can be concluded about tlie alleged involvement of the
the JNA in alleged acts of genocide. 3.1.5. The Allegeti Prolonged Presence of the JNA in Bosnia
and Herzegovina
3.1.5.1. In section 2.3.6, paras. 2.3.6.1 to 2.3.6.7 of the
Memorial (pp.77-81), as well as in para. 6.2.1.7 of the Memorial
(p.248), the Applicant refers to the alleged prolonged presence of the
the JNA in Bosnia and Herzegovina. The Applicant alleges (para.
2.3.6.1 of the Memorial, p.77) that the Presidency and Government of
the Bosnia and Herzegovina ordered on 27 April 1992 that al1 units
of the federal army should leave the territory of this republic. It goes
on to Say that Belgrade took decision on 4 May 1992 on the
withdrawal of al1the JINA members who were not residents of Bosnia
and Herzegovina. The Applicant argues that only a certain number of
men who were not residents of Bosnia and Herzegovina withdrew,
while a certain number remained. The Applicant's assertion does not
correspond to the facts.
3.1.5.2. The JNA members, non-residents of Bosnia and
Herzegovina, withdrew from the territory of this former Yugoslav
republic. Their withdrawal was made difficult and slowed down by the
sustained attacks of Muslim and Croat forces in Bosnia and
Herzegovina.
3.1.5.3. In para. 2.3.6.2 of the Memorial, (p.78). the
Applicants that on 3C)May 1992, four weeks after the decision on
withdrawal, the newly-appointed commander of the Serb forces in
Bosnia and Herzegovina, Ratko Mladic, accused Croat armed forces
of having attacked Yi~goslav soldiers, FRY citizens, on the Bosnian
territory. The Applicaintquotes the following information of Tanjug:
"The Commander of the army of Bosnia-Herzegovina Serbs said that
there must be no more attacks on Yugoslav Army soldiers, such as
the attack in Sarajevo of two weeks ago or the recent massacre of
an army column in 'the Bosnian town of Tuzla, where 'of the 49
innocent soldiers ancl officers, citizens of the Federal Republic of
Yugoslavia, six were shot dead and the others killed with blunt
implement axes'."
3.1.5.4. The Applicant itself mentions about the commander of
the Serb forces iri Bosnia and Herzegovina, while Tanjug's
information refers to the Commander of the army of the
Bosnian-Herzegoviniari Serbs. The Applicant admits the existence of
a new military force: the army of the Bosnian-Herzegovinian Serbs.
The quoted text of Tanjug's news is concerned with the reasons for
the delayed withdrawal of the JNA members who are Yugoslav
citizens. The reason were the attacks of Muslim and Croat forces on
barracks and on withclrawing columns. 3.1.5.5. In paras. 2.3.6.4 and 2.3.6.5 of the Mernorial (p.79),
the Applicants that part of the weaponry belonging to the the JNA
remained in the hands of the Arrny of the Bosnian Serbs in Bosnia.
The Applicant says: "The new recruits of the Serbian Army in the
Republic of Bosnia and Herzegovina were not transferred
empty-handed." (Mernorial, p.79). The Applicant confirrns the
existence of a Serbian army in the Republic of Bosnia and
Herzegovina. It is true that part of the weaponry rernained. This did
not happen on the basis of a decision of the the JNA to leave part
of the weapons behind. The newly-forrned Arrny of the Bosnian Serbs
sirnply did not allow al1the weapons to be withdrawn. Thewithdrawal
of the weaponry was also prevented frorn being carried out by the
continued attacks of Muslim and Croat forces on barracks and on
columns which were withdrawing.
3.1.5.6. All the newly-created arrnies in Bosnia and
Herzegovina were forrned from the sarne sources. A number of the
JNA members, especially officers, joined the new armies according to
their national affiliation. Thentire cornrnanding officer corps of the
army of the so-called Republic of Bosnia and Herzegovina is the
officer corps of Muslirn nationality of the former the JNA. The
cornmanding officer corps of the arrned force of Herzeg-Bosnia is
also the officer corps of Croat nationality which previously belonged
to the the JNA. The sarne is true of the Arrny of the Republic of
Srpska. The other source are rnernbers of the territorial defence, as
well as mernbers of law enforcernent organs. Also, there are
volunteers who arrived from different parts of the former Socialist
Federal Republic of Yugoslavia, as well as frorn abroad, especially
frorn Muslim countries. The weapons and facilities for the manufacture
of weapons came into the possession of al1 the armed forces in
Bosnia and Herzegovina and not only of the Serbs. Weapons were
distributed to al1 sides, while the major weaponry production facilities
rernained under the control of the so-called governrnent in Sarajevo.
3.1.5.7. The allegations of the Applicant in paras. 2.3.6.6 and
2.3.6.7 of the Mernorial (pp. 80 and 81) to the effect that the Army of
the Bosnian Serbs is under the cornrnand of an organ of the Arrny of
Yugoslavia or an organ of the Federal Republic of Yugoslavia are
totally unfounded. This assertion is repeated in para. 6.2.3.4 of the
Mernorial (p. 257) in which it is said that"...the 'operational chain of
cornmand' of the Yugoslav Army has not been changed since 1991
and is centered in Belgrade, including that for al1 rnilitary operations
in Bosnia and Herzegovina... There is no sign that the Government in
Belgrade ever disapproved or disowned the behaviour of its arrned
forces or has atternpted to restrain it ."The said allegations do not
correspond to the facts. 3.1.5.8. The arined forces of the Republic of Srpska are under
the cornrnand of the olrgans of this Republic. They are not under the
cornrnand of any organ of the Federal Republic of Yugoslavia.
3.15.9. In para.. 6.2.1.7 of the Mernorial (p. 248) the Applicant
repeats the allegatioiis that have already been denied by the
Respondent. In it, it isaid that "in fact, only about 14,000 men of a
total of 76,000 troops, who were non-residents of Bosnia and
Herzegovina were withdrawn; the rernaining 80,000 men were
transferred to the Arrny of the so-called 'Serbian Republic of Bosnia
and Herzegovina' (the initial narne of the Republic of Srpska) ...
which is a rnere creature of Yugoslavia ...and decisions kept on
being made in Belgrade frorn where the orders came. Moreover, the
the JNA had supplied the pararnilitary forces in Bosnia and
Herzegovina with weapons and part of the soldiers continued to
operate under the uiniforrns and insignias of the the JNA." The
Applicant itself asserts that sorne rnernbersof the Yugoslav People's
Army went over to the Arrny of the Republic of Srpska although the
figures it quotes are inconsistent. What does not correspond to the
truth is that the Arrnli/ of the Republic of Srpska is a creature of
Yugoslavia and that it acts on the basis of decisions and orders frorn
Belgrade. The assertion that the Yugoslav People's Arrny has
supplied pararnilitary units in Bosnia and Herzegovina with arrns does
not correspond to the facts. The assertion that some soldiers in the
Republic of Srpska wear the JNA uniforrns and insignia is without
relevance for the attribution of their acts to Yugoslavia. What is
essential is that these soldiers do not act on the orders of the organs
of the FR of Yugoslavia.
3.1.5.10. In para. 6.4.2.5 of the Mernorial (p. 276), the
Applicant alleges that " ..VJ troops and aircrafî regularly cross the
border while pararnilitary groups are forrned, equipped and trained in
Serbia and Montenegro...". This allegation is not substantiated by
evidence and does not correspond to the facts. But even if it were
true, it would not suffice to attribute to Yugoslavia any participation in
alleged acts of genocide. According to the agreement with the United
Nations, observers have been deployed at al1 rnilitary airfields in the
Federal Republic of Y~ugoslavia.
3.1.5.11. The sirnilar accusations about the alleged involment
of the Yugoslav Pewople's Army in the conflicts in Bosnia and
Herzegovina, after in withdrew, the Applicant has stated also in the
para 2.3.7.1. of the Mernorial. However, the applicant provides no
evidence for this and the Respondent rejects these allegations as
unfounded. 3.1.5.12. By referring to the resolutions of the United Nations
and other international organizations in paras. 3.2.0.2 - 3.3.8.0 of the
Mernorial (pp. 98-125), the Applicant seeks to show that the Yugoslav
People's Arrny participated in alleged acts of genocide. Thus in para
3.2.0.2 of the Mernorial (p. 98) it is said: "... the Secretary-General
soon had to report on the direct use of arrned forces against
civilians, including the besieging of cities as part of this strategy. He
confirrned that the the JNA was in sorne cases directly involved in
such activities, linking it already at that stage to the direct killing of
Muslirns and the creation of conditions of life calculated to bring
about their physical destruction (Sl24000, para.6, 26 May 1992)."
However, the truth is that in the said Report, submitted in pursuance
of United Nations Security Council resolution 752 (1992), no mention
is made at al1 of the alleged participation of the Yugoslav People's
Army in the killing of Muslims and in the creation of conditions
calculated to bring about their physical destruction. Consequently, the
assertion of the Applicant does not correspond to the truth.
3.1.5.13. In para. 3.2.0.3 of the Memorial (pp. 98,99) it is said
that on 27 April 1992 the FR of Yugoslavia decided "to reduce the
Arrny of Yugoslavia to the territory and citizens of Yugoslavia. As a
result, al1the citizens of the Federal Republic of Yugoslavia who had
been in the YPA ...troops were withdrawn by 19 May 1992, together
with their share of equipment and arrnaments". The Applicant
indicates that this is quoted frorn document SI24007 of 27 May 1992
and rnakes the following conclusion: "The government of the Federal
Republic of Yugoslavia ..thus officially confirrned that, at a minimum,
the the JNA had continued to operate within the Republic of Bosnia
and Herzegovina and that it was equipping Bosnian citizens of Serb
ethnicity with 'their share' of military equiprnent". This conclusion does
not follow from the above quotation. Part of the rnernbers of the
Yugoslav People's Arrny who rernained in the territory of Bosnia and
Herzegovina joined the arrnies created in its territory, i.e. the arrny of
the Republic of Bosnia and Herzegovina, the arrny of Herzeg-Bosnia,
the arrny of the Autonornous Province of Western Bosnia and the
army of the Republic of Srpska. Part of the weapons belonging to the
Yugoslav People's Arrny rernained in the possession of al1 these
arrnies not because the Yugoslav People's Arrny wanted to leave
them, but because it could not pull them out.
3.1.5.14. In para. 3.2.0.4 of the Mernorial (p. 99) it is said:
"The fact that this transfer of arrns and amrnunition had actually
occurred was confirrned by the United Nations Secretary-General."
The Applicant bases this assertion on para 16 of the Report of the
Secretary-General (Sl23844) of 24 April 1992. However, this part of
the Report refers to the UNPAs in the territory of the former Yugoslav
Republic of Croatia and not to the territory of the former Yugoslavrepublic of Bosnia andl Herzegovina. Thus in para. 16 of the Report
of the Secretary-General (SI23844 of 24 April 1992, Annex No 306,
pp. 1990) it issaid: "The JNA has begun withdrawing from some of
its locations in the UI\lPAs." It is obvious that the Report refers to
UNPA zones and not to the territory of the former Yugoslav republic
of Bosnia and Herzegcivina.
3.1.5.15. In the same paragraph the Applicant goes on to Say:
"ln a subsequent report, the Secretary-General indicated that the
'share' of men and equipment which was being transferred amounted
to some 80 per cent of the JNA strength". The Applicant bases this
assertion on para 24 of the Report of the Secretary-General
(Sl23900) of 12 May 1992. However, the said section of the Report
reads: "Mr. Goulding was also informed by the the JNA leadership
that, following the declaration on 27 April 1992 of the ...Federal
Republic of Yugoslavia, the Belgrade authorities' policy was to
withdraw from republics other than Serbia and Montenegro al1 the
JNA personnel who were citizens of the Federal Republic of
Yugoslavia, leaving behind the others to be demobilized or join the
armed forces of the new republics. This policy was already being
applied in Bosnia-Herizegovina where it was estimated that 80 per
cent of the JNA's strength were citizens of that Republic ..."This
does not mean at al1that al1these 80 per cent remained in the army
of the Republika Srpska. Some of them certainly joined the armies
of the Republic of Bosnia and Herzegovina, Herzeg-Bosnia and of the
Autonomous Province of Western Bosnia. Some were probably
demobilized. Indeed, that is confirmed in para. 5 of the Report of
the Secretary-General, made pursuant to para 4 of Security Council
Resolution 752 (1992) (Sl24049) of 30 May 1992, (Annex No 129)
which reads: "The bullc of the the JNA personnel who were deployed
in Bosnia and Herzegovina were citizens of that Republic and were
not therefore covered by the Belgrade Authorities' decision of 4 May
to withdraw the JNA from Bosnia and Herzegovina. Most of them
appear to have joined the army of the so-called 'Serbian Republic of
Bosnia and Herzegovina'. Others have joined the Territorial Defence
of Bosnia and Herzegovina, which is under the political control of the
Presidency of that Republic. Others may have joined various irregular
forces operating there."
It cannot be concluded from this statement, either, that the
the JNA only changed its insignia and remained "substantially the
same instrument in the campaign of genocide that was being
conducted by the Federal Republic of Yugoslavia... and those
affiliated with it." It has already been said that al1 those who
remained ceased to be under the command of the the JNA or of any
organ of the FR of Yu~goslavia. 3.1.5.16. In para. 3.2.0.5 of the Memorial (p. 99) the Applicant
invokes Security Council Resolution 752 of 15 May 1992 which
demanded that al1 forms of foreign interference, including the JNA
units,as well as elements of the Croatian army cease imrnediately.
This demand was aimed at protecting the territorial integrity of
Bosnia-Herzegovina. The Applicant concludes that the Security
Council thereby confirmed the presence of the JNA units and that
Yugoslavia allegedly claimed that these units had been under local
Serb command. However, the Applicant admitted the fact that on 4
May 1992 a decision was taken to withdraw the Yugoslav People's
Army and that its withdrawal was behind schedule on account of
continued attacks on its barracks and withdrawing colurnns.
Accordingly, there still were the JNA units in the territory of Bosnia
and Herzegovina at that time, surrounded in barracks or withdrawing.
However, there existed at the sarne time military forces of the
Serbian Republic of Bosnia and Herzegovina, as well as irregular
forces, which were not under the cornmand of the Yugoslav People's
Arrny. Indeed, in the Report of the Secretary General (Sl24049) of 30
May 1992 it is said:
"6. Those who are not citizens of Bosnia and Herzegovina are
said by the Belgrade authorities to number barely 20 per cent of the
total. Most of these are believed to have withdrawn already into
Serbia or Montenegro, some of them having been subjected to attack
during their withdrawal. Others however remain at various garrisons in
Bosnia and Herzegovina, especially in Sarajevo. A further category
consists of personnel who have been blockaded in their barracks by
the Territorial Defence of Bosnia and Herzegovina or hostile irregular
forces. These are now mostly in the Sarajevo area, where the latest
developments have been as follows:
"(a) Some 600 to 1000 soldiers are blocked in the Marshal
Tito Barracks at Sarajevo, with nearly 200 vehicles. Negotiations on
the evacuation of these barracks continued until 27 May 1992, when
they broke down following a mortar attack which killed some 16
civilians in central Sarajevo. On 30 May 1992, the barracks came
under attack frorn rocket-propelled grenades and flame-throwers fired
by the Territorial Defence of Bosnia and Herzegovina;
"(b) Several hundred the JNA personnel from Jusuf Dionlic
barracks, a logistic base at Sarajevo, and Victor Bubanj barracks
were in the process of withdrawing from Sarajevo during the night of
27/28 May 1992. The convoy, which was being accompanied by
UNPROFOR, was attacked by Serb irregulars opposed to the terms
of their withdrawal and by units of the Territorial Defence of Bosnia
and Herzegovina, and lost its way. Some elements became separated
from the rest; 30 the JNA vehicles and their drivers went missing and
at least 1 soldier was killed; "(c) Several hundred the JNA cadets, rnainly between 14
and 17 years of age, who were blockaded in Pazaric, sorne 15
kilornetres south of Sarajevo, were evacuated on 29 May.
"7. It will be apparent frorn the foregoing that the issue of the
deblocking of safe withdrawal of the rernaining the JNA troops from
their barracks at Bosn~iaand Herzegovina has become linked to other
problerns which have caused continuing conflict in that Republic and
has in particular been complicated by problerns relating to the
withdrawal of heavy weapons frorn these barracks and frorn Bosnia
and Herzegovina. UNPROFOR has received indications that the the
JNA leadership in Belgrade is willing to leave the bulk of its weapons
behind upon withdrawal, but the leadership of the arrny of the
'Serbian Republic of Bosnia and Herzegovina' is unwilling to permit
this." (Annex No 129)
3.1.5.17. In para. 3.2.0.6 of the Mernorial (p. 100) it is said:
"ln Resolution 752 (1092) the Council also concerned itself with the
activities of these forces, calling for an end to forcible expulsions of
persons frorn the areas where they live, and "'any atternpt to change
the ethnic composition of the population'." However, in para. 6 of the
Resolution it is said: "Calls upon al1parties and others concerned to
ensure that forcible expulsions of persons frorn the areas where they
live and any attempts to change the ethnic composition of the
population, anywhere in the former Socialist Federal Republic of
Yugoslavia, cease irnmediately ..."Evidently, this cal1 is not addressed
to the Yugoslav People's Arrny, but to "al1 parties and others
concerned".
3.1.5.18. In paira. 3.2.0.7 of the Mernorial (p. 100) it is said:
"These acts had led to the 'displacernent of the civilian population
frorn its towns and villages ... on a scale not seen in Europe since
the Second World Vdar' (Sl24000, para. 5, 26 May 1992)". The
context in the Mernorial may lead to the conclusion that the acts of
the Yugoslav People':; Arrny were in question. However, the text of
para. 5 of the Report of the United Nations Secretary-General
(S124000) of 26 May 1992 does not lead to such a conclusion.
lndeed, that paragraph does refer to the relocation of civilian
population frorn towns and villages and the proportions it has
assurned but never is it said that these acts of relocation are being
carried out by the Yugoslav People's Arrny. Nothing to that effect is
said in the ensuing paragraphs of the report, either. The conclusion
that is to be drawn is that there is nothing in the Report that would
attest to the involvenient of the Yugoslav People's Arrny in alleged
acts of ethnic cleansirig.
3.1.5.19. In para. 3.2.0.8 of the Mernorial (p. 101) it is said:
"On 30 May 1992, the Secretary-General once more certified to theCouncil that the requirernent for a withdrawal of the the JNA and of
non-intervention had not been heeded (S124049,paras. 5-9, 30 May
1992). The Security Council responded with considerable
decisiveness, irnposing against the Federal Republic of Yugoslavia ...
in Resolution 757 (1992) of 30 May 1992, cornprehensive econornic
sanctions...".
However, in paras. 5-9 of the Report of the Secretary-General
(924049) of 30 May 1992 it is said:
"5. The bulk of the the JNA personnel who were deployed in
Bosnia and Herzegovina were citizens of that Republic and were not
therefore covered by the Belgrade Authorities' decision of 4 May to
withdraw the JNA frorn Bosnia and Herzegovina. Most of them
appear to have joined the arrny of the so-called 'Serbian Republic of
Bosnia and Herzegovina'. Others have joined the Territorial Defence
of Bosnia and Herzegovina, which is under the political control of the
~residency of that Republic. Others rnay have joined various irregular
forces operating there.
"6. Those who are not citizens of Bosnia and Herzegovina are
said by the Belgrade authorities to number barely 20 per cent of the
total. Most of these are believed to have withdrawn already into
Serbia or Montenegro, sorne of thern having been subjected to attack
during their withdrawal. Others however remain at various garrisons in
Bosnia and Herzegovina, especially in Sarajevo. A further category
consists of personnel who have been blockaded in their barracks by
the Territorial Defence of Bosnia and Herzegovina or hostile irregular
forces. These are now rnostly in the Sarajevo area, where the latest
developments have been as follows:
"(a) Sorne 600 to 1000 soldiers are blocked in the Marshal
Tito Barracks at Sarajevo, with nearly 200 vehicles. Negotiations on
the evacuation of these barracks continued until 27 May 1992, when
they broke down following a rnortar attack which killed sorne 16
civilians in central Sarajevo. On 30 May 1992, the barracks came
under attack from rocket-propelled grenades and flame-throwers fired
by the Territorial Defence of Bosnia and Herzegovina;
"(b) Several hundred the JNA personnel frorn Jusuf Dionlic
barracks, a logistic base at Sarajevo, and Victor Bubanj barracks
were in the process of withdrawing from Sarajevo during the night of
27/28 May 1992. The convoy, which was being accornpanied by
UNPROFOR, was attacked by Serb irregulars opposed to the terrns
of their withdrawal and by units of the Territorial Defence of Bosnia
and Herzegovina, and lost its way. Sorne elernents becarne separated
frorn the rest; 30 the JNA vehicles and their drivers went rnissing and
at least 1 soldier was killed; "(c) Several hundred the JNA cadets, mainly between 14 and
17 years of age, who were blockaded in Pazaric, some 15 kilometres
south of Sarajevo, were evacuated on 29 May.
"7. It will be apparent from the foregoing that the issue of the
deblocking of safe withdrawal of the remaining the JNA troops from
their barracks at Bosnia and Herzegovina has become linked to other
problems which have caused continuing conflict in that Republic and
has in particular be'en complicated by problems relating to the
withdrawal of heavy çveapons from these barracks and frorn Bosnia
and Herzegovina. UNlPROFOR has received indications that the the
JNA leadership in Belgrade is willing to leave the bulk of its weapons
behind upon withdrawal, but the leadership of the army of the
'Serbian Republic of Bosnia and Herzegovina' is unwilling to permit
this.
"8. Uncertainty about who exercises political control over the
Serb forces in Bosnia and Herzegovina has further complicated the
situation. The Bosnia and Herzegovina Presidency had initially been
reluctant to engage in talks on these and other issues with the
leadership of the "Serbian Republic of Bosnia and Herzegovina" and
insisted upon direct talks with the Belgrade authorities instead. A
senior the JNA representative from Belgrade, General Nedeljko
Boskovic, has conlducted discussions with the Bosnia and
Herzegovina Presidency, but it has become clear that his word is not
binding on the commander of the army of the 'Serbian Republic of
Bosnia and Herzego\lina7, General Mladic. Indeed, as indicated in
paragraph 6 (b) above, Serb irregulars attacked a the JNA convoy
withdrawing from a barracks at Sarajevo on 28 May under
arrangements negotiated by General Boskovic. It also appears that
the heavy shelling of Sarajevo on the night of 28/29 May took place
on the orders of General Mladic in direct contravention of instructions
issued by General Boskovic and the the JNA leadership in Belgrade.
"9. Given the doubts that now exist about the ability of the
authorities in Belgrade to influence General Mladic, who has lefî the
JNA, efforts have been made by UNPROFOR to appeal to him
directly as well as through the political leadership of the 'Serbian
Republic of Bosnia and Herzegovina'. As a result of these efforts
General Mladic agreed on 30 May 1992 to stop the bombardment of
Sarajevo. While it is imy hope that the shelling of the city will not be
resumed, it is also clear that the emergence of General Mladic and
the forces under his command as independent actors apparently
beyond the control of the JNA greatly complicates the issues raised
in paragraph 4 of Slecurity Council resolution 752(1992). President
lzetbegovic has receiitly indicated to senior UNPROFOR officers at
Sarajevo his willingness to deal with General Mladic but not with the
political leadership of the 'Serbian Republic of Bosnia and
Herzegovina'." (Annex No 129) There is nothing in the said text that would bear out the
allegations of the Applicant that "the Secretary-General once more
certified to the Council that the requirernent for a withdrawal of the
the JNA and of non-intervention had not been heeded". On the
contrary. It is very well known that this Report of the
Secretary-General had not been subrnitted to rnembers of the
Security Council at the tirne when they were deciding on the
introduction of coercive rneasures against Yugoslavia, i.e. when they
were adopting Resolution 757 (1992) of 30 May 1992. Accordingly,
the Security Council was in no position to respond to itat that tirne.
Had the report of the Secretary-General (S124049)of 30 May been
subrnitted to the rnembers of the Security Council before they voted
on resolution 757 (1992) of 30 May 1992 the coercive rneasures
would probably not have been adopted.
3.1.5.20. In para. 3.2.0.11of the Mernorial (p. 102) it is said:
"lt should be noted that the sanctions established in Resolution 757
(1992) are in force to this day, thus confirming that, in the view of
the Security Council, the Federal Republic of Yugoslavia ..continues
to be in violation of the dernands contained within it." This assertion
of the Applicant does not correspond to the truth. It is true that the
measures imposed by the Security Council were in force on the date
of subrnission of the Memorial. They have in fact been made more
stringent under Security Council Resolution 820(1993) of 17 April
1993, since the Assernbly of the Republic of Srpska refused to
accept the Vance-Owen peace plan. Hence, the continued imposition
of the measures is associated with the conduct of the Republic of
Srpska in respect of accepting the peace plan for Bosnia and
Herzegovina and not with the presence of the Yugoslav People's
Arrny.
3.1.5.21. In the same para. 3.2.0.11 of the Mernorial (p. 102)
it issaid: "ln fact as late as 1993, the Secretary-General confirmed
that the requirernent of a withdrawal of the JNA troops 'has not still
been fulfilled' (Al471869, 18 January 1993) and, in the response to
these and other continuing grave violations of the rights of the
Republic of Bosnia and Herzegovina, the Council was constrained to
toughen sanctions further still (Resolution 820, 17 April 1993)." These
assertions of the Applicant are not true. In the Report of the
Secretary-General (Al471869)of 18 Januaty 1993 it is said:
"30. Earlier, in its resolution 461242 of 25 August 1992, the
General Assembly demanded that those units of the Yugoslav
People's Arrny (the JNA) and elernents of the Croatian Army in
Bosnia and Herzegovina rnust either be withdrawn, or be subject to
the authority of the Governrnent of Bosnia and Herzegovina, or bedisbanded and disarnied with their weapons placed under effective
international monitorincl.
"31. This provision of the resolution has still not been fulfilled.
It has been reported earlier (Al471747, para. 11) that although the
JNA had withdrawn completely from Bosnia and Herzegovina, former
members of Bosnian Serb origin had been lefî behind with their
equipment, and constit:utedthe Bosnian Serb forces.
"32. UNPROFi3R has also confirmed that elements of the
Croatian Army are deployed in certain parts of Bosnia and
Herzegovina." (The situation in Bosnia and Herzegovina, Report of
the Secretary-General, Annex No 307, p. 1992)
It is thus stateiulin the Report that the the JNA had withdrawn
and that "former merribers of Bosnian Serb origin ... constituted the
Bosnian Serb forces."' It has already been said that, in adopting
Resolution 820(1992) of 17 April 1993, the Security Council was not
motivated by the presence of the Yugoslav People's Army in Bosnia
and Herzegovina but by the fact that the Assembly of the Republic of
Srpska had not accepted the Vance-Owen plan.
3.1.6. The Acts of Genocide Allegedly Cornrnitted by the the
JNA
3.1.6.1. In para. 6.2.1.5 the Applicant alleges: "As explained in
Parts 2,3 and 5, the beginning of 1992 was also the time when the
atrocities against the Muslim and Croatian population in Bosnia and
Herzegovina began to be committed on a large scale: creation of
concentration camp:;, massive expulsions, killings, beatings,
internments, rapes, atitacks on Muslim villages, etc. (see e.g.: 2.2.1.4;
2.2.2.2; 2.2.5.3; 2.2.5.5).ll these acts - and many others - were
perpetrated directly by the Yugoslav National Army alone or with the
aid of pararnilitary clroups armed, controlled and commanded by
Serbian officers or officiais, among whom the notorious "Commander
Arkan" or V. Se~elj, both soon to be elected a Member of the
Serbian Parliament (see e.g.: 2.2.1.17; 2.2.2.2; 2.2.2.16; 2.2.5.3;
2.2.5.8). This allegation does not correspond to the facts. Neither of
these alleged act - nor any others of this kind - were perpetrated
directly by the Yugoslav People's army alone or with the aid of
paramilitary groups.
3.1.6.2. In para. 2.2.1.4 of the Memorial (p. 22) it is said: "in
this camp operated by Serb forces...". It does not state that the camp
was operated by the JNA members or that the camp was under the
JNA administration. 3.1.6.3.. In para. 2.2.2.2 of the Memorial (p. 30) it is said:
"At the beginning of April 1992, more than 1,000 Muslim civilians
were killed by Serb paramilitary forces in Bijeljina." No participation of
the JNA troops is mentioned here either.
3.1.6.4. In para. 2.2.5.3 of the Memorial (p. 48) the Applicant
points to allegedly "the joint operation technique of the the JNA and
Serb paramilitary forces" in the city of Mostar:
"...on May 1 (1992), a the JNA unit approached two apartment
houses belonging to the cigarutte factory and located on its grounds.
They opened fire with machine guns. A resident called the United
Nations and Red Cross offices located in the "HIT" department store;
shortly after, one the JNA Special Forces soldier wearing a
camouflage uniform with a black scarf tied around his head and two
Airborne Military policemen arrived. The witness judged by their
accent that they were from Montenegro. The Special Forces soldier
kicked in an apartment door and, threatening the occupants, asked
about the phone cal1 to the UN representative. A short time later, a
group of the JNA soldiers arrived and began to tear apart the
apartment searching for weapons."
Even if this assertion were true, and it is not, it does not
point to an act of genocide, or some other act prohibited under the
Genocide Convention.
ln the same paragraph of the Memorial it is further alleged:
"The following evening, a group of Serbian civilians wearing
paramilitary uniforms came to the two apartment buildings and took
away 10 men. A senior paramilitary officer told his men they could
choose any women they wanted for their entertainment. Many
apartments in both buildings were set on fire by tracer rounds fired
by tanks of the unit." Even if this allegation were true it fails to
indicate any connection between the JNA rnembers and members of
the paramilitary group.
3.1.6.5. In para. 2.2.5.4 of the Memorial (p. 49) it is said: "ln
the take over of Visegrad (Eastern Bosnia), the JNA forces from
Serbia played a pivotal role..."This allegation does not correspond to
the truth. However, even if it did, it in no way bespeaks genocide.
The take over of a city in an armed conflict does not constitute an
act of genocide. In the following para. 2.2.5.5 of the Memorial (p.
49) itis said: "Shortly after they had taken over the town, the Serb
forces embarked upon their ail too familiar orgy of death and
destruction." In this paragraph not the JNA forces but Serb forces are
referred to. Obviously not the same forces are in question. Nor is it
clear from the allegation what became of the the JNA forces at the
time of the alleged events described in para. 2.2.5.5. 3.1.6.6. The Mernorial mentions the alleged participation of
the the JNA in several other places. In para. 2.1.0.6. of the Memorial
(p. 13) this is done in a general way: "This Memorial cannot hope to
catalogue the full extent of suffering and destruction inflicted upon the
people, territory and culture of Bosnia and Herzegovina by
Yugoslavian (Serbian and Montenegrin), the JNA, Bosnian Serb,
Serbian paramilitary and other Serb(ian) forces, (hereinafter
collectively referred to as "Serb forces"), which are or were at al1
rnaterial tirnes under the command and control, or were supplied,
supported, encouragetj andfor aided and abetted by the leaders of
Yugoslavia/Serbia and Montenegro ("the leaders"), who could have
prevented or curtailed the actions of such forces." This assertion is
so broad and vague as to fall short of the requirements of a legal
act such as the Mlemorial. In view of the completely different
positions of the the JNA, the "Bosnian Serbs", the "Serbian
paramilitary and other Serb(ian) forces, they cannot al1 be subsumed
under the same expression "Serb forces", where the attribution of
acts to the State is concerned. It is clear from the further text of the
Memorial that the expression "Serb forces" is used by the Applicant
to designate arrned formations of the Bosnian Serbs which do not
belong to the the JNA. For, in the alleged instances of the JNA
participation, apart from "Serb forces", also mentioned is the the
JNA. In any case, the said allegations does not correspond to the
facts."Serb forces" were under no control or influence whatsoever of
any organ of the FR 'Yugoslavia.
3.1.6.7. In para. 2.2.2.19 of the Memorial (p. 29) the Applicant
mentions Yugoslav federal special troops as participants in alleged
acts in the detention centre near Br ko. The text fails to indicate in
what way the alleged Yugoslav special troops were involved in the
alleged acts. The only detail rnentioned is that one of the rnernbers
of the special troops allegedly cut off one prisoner's ear. The
allegation about the participation of Yugoslav federal special troops
does not correspond to the facts. Yugoslav federal special troops
were not involved in events connected to detention centres or to any
other alleged acts of genocide in Bosnia and Herzegovina.
3.1.6.8. The the JNA is rnentioned in para. 2.2.2.15 of the
Memorial (p.35) which is concerned with the alleged punishrnent of
Serbs refusing to cooperate with the Serb forces. The following part
of some report is quoted : "...for exarnple in Teslic on 2 June 1992
when three Serbs wisre reportedly killed for refusing to CO- operate
with the Yugoslav National People's Army (the JNA) and Serbian
militia in prosecuting Muslims and Croats." Even if the statement
were authentic, it does not show how the the JNA punished Muslirns
and Croats. 3.1.6.9. The the JNA is also rnentioned in para. 2.2.2.16 of
the Mernorial (p. 35) in which it is said: "On 5 May 1992, a 41 year
old Muslim wornan witnessed the execution of a Serbian civilian by
Serbian soldiers wearing the insignias of the Chetniks (Serb
paramilitaries) and the Yugoslav army in the area near Sarajevo
airport." In the event of the testimony being true, it indicates the
witness's uncertainty in respect of the status of the persons involved.
The witness speaks about persons wearing the insignia of the
Chetniks and the Yugoslav Arrny. It was quite possible for persons
not belonging to the the JNA to have worn the JNA insignia. Apart
from that the account of the witness does not point to a crime of
genocide. On the contrary, it shows that acts of violence were not
targeted at solely the rnembers of one group.
3.1.6.10. In para. 2.2.2.18 of the Mernorial (p. 36) the
alleged staternent of one Muslim is quoted: "A 48 year old Muslirn
from Sanica Donja, near KljuE described how he saw the decapitation
of about 100 men by the JNA forces in early July 1992, after they
had occupied that town:
"regular (JNA) troops again re-entered (Sanica Donja)...
Starting at one end of the village and going frorn house to house,
they took al1the men hostage and used thern as a hurnan screen as
they went through the village. The witness believes that these the
JNA forces were from the Sixth Krajina Brigade headquartered at
Palanka...". The Applicant falls substantially short on quoting the
relevant sentence.
The document (Sixth US Subrnission, Sl25393, 10 March
1993, p. 10, Annexes), Part 2, Volume 1) referred to in the Mernorial
says:
"The witness believes these the JNA forces were from the
Sixth Krajina Brigade headquartered at Palanka. They were local
Bosnian Serbs and their regular JNA uniforrns bore a Yugoslav flag
on shoulder and hat." (Sl25393, Annex No 308, p. 1994) At the time
when the alleged event took place the the JNA was no longer in the
territory of Bosnia and Herzegovina.
3.1.6.11. In para. 2.2.4.2 of the Mernorial (p. 42) it is said:
"Amnesty International in its Report 'Bosnia - Herzegovina Rape and
Sexual Abuse by Arrned Forces' dated January 1993 referred to
some incidents of rape. On page 12, details of the account of a 17
year old rape victim are given. She was taken by Serbs wearing the
JNA uniforrns and held for three rnonths together with around 100
women." Serbs wearing the JNA uniforrns are mentioned here. That
does not warrant the conclusion that they were the JNA rnembers. 3.1.6.12. In para. 2.2.5.12 of the Memorial, (p. 52) the JNA
troops are mentioned in the following way: "On 25 May 1992, the
town of Sanski Most ...was surrounded by Serb forces with tanks
and armoured vehicle:~. The whole of the next day, the town was
bombed and houses urere systernatically destroyed. An ultimatum was
given for the populat:ion to surrender, requiring that Muslims and
Croats should mark their houses by affixing white sheets to the roof.
After some of the population had surrendered the rnarked properties
were shelled, looted and burned by Serb forces including the JNA
troops." As usual, the Applicant presents insufficient information to
make it possibleto see what has happened. What the role of the JNA
troops in this alleged event was is unclear. The Respondenet denies
the participation of the JNA in any illegal activities. The described
alleged event does not constitute an act of genocide.
3.1.6.13. The Army of Yugoslavia is also mentioned in para.
2.2.5.14 of the Memiorial (p. 53): "ln and around the village of
Cerska, near Konjevic Polje, on 2 March 1993, Serbian forces from
the VJ (Yugoslav Army) advanced to take the village, obstructing the
evacuation of Muslim women, children, the elderly and approximately
1,500 wounded, causing them to flee to the woods." At the time
when the event allegedly took place there were no the JNA units in
Bosnia and Herzegovina. In any case there were no units under the
command of the Army of Yugoslavia and consequently this assertion
is untrue.
3.1.6.14. In para. 6.2.1.8 of the Mernorial (p. 249) the
assertions of the Applicant are repeated in a general way: "The
record shows a massive continued involvement of former the JNA
troops in the atrocitie:~committed on a large scale after May 1992."
In para. 6.2.1.10. of the Memorial (p.249) the allegation is more
specific: "...the VJ as such rernained present in Bosnia and
Herzegovina and its members took direct and active part in the
atrocities committed against the Muslim and Croatian population.
Thus, for example, c~ommandersof concentration camps have been
and are very often officers of the VJ ...,so are the 'interrogators"'.
None of these assertions are true. Consequently, the conclusions
expounded by the Applicant in section 6.2.3. of the Memorial (pp.
256, 257) are not based on facts.
3.1.6.15. In para. 65 (p. 27) of the Statement of the
Government of the Republic of Bosnia and Herzegovina on
Preliminary Objection:;, dated 14 November 1995, it is said: "Also, the
horrific attack upon and brutal takeover of Srebrenica in July 1995
clearly shows Belgrade involvement. The American newspaper
"Newsday" of 12 Aiigust 1995 reports that western and Bosnianintelligence sources have evidence 'that the commander of the
Yugoslav army, General MomCilo PeriSic, was on a mountaintop
across the border in Yugoslavia, sending instructions and counsel to
Gen. Ratko Mladic, the commander of Bosnian Serb military forces.
The radio conversations, intercepted by intelligence agencies, took
place before, during and after the battle for the enclave captured by
the Serbs on July 11.
'Mladic and PeriSic conferred constantly about their strategy
and what they were doing', said one of the western officials, who,
like al1 of the intelligence officers interviewed, asked to remain
unidentified. The officers said they are still analyzing the radio
intercepts, but 'Mladic is alwayssking PeriSic about what he should
be doing. This didn't surprise us, because they are the same rank,
but PeriSic was clearly in command and had the upper hand.' Of
course, these reports have been denied by Yugoslav officials."
However, these reports have been denied not only by
Yugoslav officials. They have been denied also by U.S. officials. The
American newspaper "The Washington Post" of 7 November 1995
reports that "U.S. officialsy that they have no knowledge of some
of the information requested by Goldstone, including an alleged
transcript of a conversation between Mladic and Yugoslav army
comrnanders that would prove their complicity in the attack on
Srebrenica." ("War Crimes Prosecutor Says U.S. Information
Insufficient", Michael Dobbs, "The Washington Post", 7 November
1995, Annex No 309, p. 1995).
The allegation that the Yugoslav military authorities have been
involved in military operations around Srebrenica is not true. It is part
of the broad propaganda campaign of the Government in Sarajevo.
3.2. Withdrawal of Foreign Forces from Bosnia and
Herzegovina
3.2.1.1. Para. 1 of Article III of the Agreement on the Military
Aspects of the Peace Settlement, contained in Annex 1-A to the
General Framework Agreement for Peace in Bosnia and Herzegovina
provides for:
"All Forces in Bosnia and Herzegovina as of the date this
Annex enters into force which are not of local origin, whether or not
they are legally and militarily subordinated to the Republic of Bosnia
and Herzegovina, the Federation of Bosnia and Herzegovina, or
Republic of Srpska, shall be withdrawn together with their equipment
from the territory of Bosnia and Herzegovina within thirty (30) days."
(A/50/790, S119951999,Annex No 147) 3.2.1.2. Invokirig this rule some foreign governments requested
the withdrawal of Islarnic holly warriors - mujaheddins from Bosnia
and Herzegovina. The Governrnent in Sarajevo asked the withdrawal
of the forces of the Republic of Croatia. No one asked that the JNA
or the Yugoslav Airmy should be withdrawn from Bosnia and
Herzegovina for the simple reason: there were no units or members
of the Yugoslav Army on the territory of Bosnia and Herzegovina.
3.3. General Position of the FR of Yugoslavia with Respect
to Events in Bosnia and Herzegovina
3.3.1.l. In regard to the Declaration on Yugoslavia adopted at
the meeting of foreign ministers of the European Community in
Brussels on 16 December 1991, the Assembly of the Socialist
Federal Republic of Yugoslavia among other things adoptedat the
session of the Federisl Chamber on 21 December 1991 the following
concIusions:
"The Federal Chamber calls on al1 the State and political
organs in Bosnia- Herzegovina to ensure, taking into account the
concern of al1 three peoples to live together in Bosnia-Herzegovina,
and through a democratic and negotiated settlement, that the citizens
in that republic live in peace and harmony and thus help remove the
threat of war spilling over parts of Yugoslavia.
"The Federal Chamber also calls on al1 factors outside
Bosnia-Herzegovina tcorefrain from any activities that would aggravate
inter-ethnic relations in Bosnia-Herzegovina and to focus in their
activities on encouraiging and supporting this Republic's legitimate
authorities in order to overcome, within the framework of their rights
and responsibilities and in line with the interests ofl1 peoples living
in Bosnia-Herzegovina and respecting their equal rights and full
equality, al1 antagonisrns in a democratic manner and to reach at
solutions acceptable to al1 three peoples." (ZakljuEci Saveznog veca
SkupStine SFRJ od 21. decembra 1991. /Conclusions of the Federal
Chamber of the Assembly of the SFRY of 21 Decernber 19911,
Annex No 259)
In the forthcoming period Yugoslavia shall consistently hold
thjs stand.
3.3.1.2. Paragraph 4 of the Declaration adopted on 27 April
1992 at the joint session of the Assembly of the SFR of Yugoslavia,
the National Assembly of the Republic of Serbia and the Assembly of
the Republic of Montenegro reads: "The Federal Republic of Yugoslavia has no territorial
aspirations towards any of its neighbours. Respecting the objectives
and principles of the United Nations Charter and CSCE documents, it
remains strictly committed to the principle of non-use of force in
settling any outstanding issues." (Declaration adoptedon 27 April
1992 at the joint session of the Assembly of the SFR of Yugoslavia,
the National Assembly of the Republic of Serbia and the Assembly of
the Republic of Montenegro, Sl23877, 5 May 1992, Annex No 310,
pp. 1996-1998)
3.3.1.3. The President of the Republic of Serbia, Mr. MiloSevic
and the President of the Republic of Montenegro, Mr. Bulatovic, sent
out an appeal on May 18, 1992 for the cessation of armed conflicts
in Bosnia and Herzegovina in which they pointed out that the crisis in
Bosnia and Herzegovina could only be solved through an agreement
of the three peoples living in it. Theysaid that conditions should be
created for an unhindered supply of humanitarian aid to the
population of the war-affected areas. They pointed out that it was
necessary to ensure free passage for food and medical supply
transporters sent to the territory of Bosnia and Herzegovina,
regardless of who the end user is. (Apel za prekid oruianih sukoba u
BiH /Appeal for the Cessationof Armed Conflicts in B-Hl Politika, 19
May 1992, Annex No31 1, pp. 199912000)
3.3.1.4. The Presidency of the Socialist Federal Republic of
Yugoslavia requested on 25 May 1992 that the airport in Sarajevo be
deblocked without delay and an appeal was sent to al1 the sides to
stop with the shelling of Sarajevo and Mostar. It was stated that the
Federal Republic of Yugoslavia would implement the decisionsof the
United Nations and that Bosnia and Herzegovina was not a part of
the Federal Republic of Yugoslavia. It was also said that the border
between Yugoslavia and Bosnia and Herzegovina had been closed
for 30 days already so that any passage of armed individuals or
groups was not possible. An agreement was reached on the supply
of humanitarian aid for al1 in Bosnia and Herzegovina through the
territory of the Federal Republic of Yugoslavia. (Humanitarna pomoc
za BiH preko teritorije SRJ 1 Humanitarian Aid for B-H through the
territory of the FRY1 Politika 26 May 1992, Annex No 312, pp.
200112002-2004) 3.4. The FR of Yugoslavia Condernned Publicly Acts of
Violence in Bosnia and Herzegovina and lnvited All
Warring Partiers to Suspend the Hostilities and Find
Peaceful Solution
3.4.1.1. The Government of the Republic of Serbia
condemned the destruction of Sarajevo on 8 June 1992. The
Governrnent reiteratecl thatal1 those who decided on the destruction
of Sarajevo and participated in such actions, regardless of to which
side they belong to, bore the greatest responsibility for al1 the grave
consequences that imight occur. Most strongly condemning such
destructions and fully dissociating itself from those who did it, the
Government once again invited the Serbian leadership of Bosnia and
Herzegovina to immediately and unconditionally cease al1 military
activities and to leave it to the international community to judge on
the responsibility of the other side for the continuation of military
activities against the: Serb positions and settlernents in Sarajevo.
(Vlada Srbije osudjuje razaranje Sarajeva 1The Government of Serbia
Condemns the Destruction of Sarajevo1 Politika, 9 June 1992, Annex
No 313, pp. 200512006)
3.4.1.2. The F'resident of the Republic of Serbia, Mr. MiloSevic
in an interview on the meeting in Strasbourg, after his meeting with
Lord Carrington and Coutilhero advocated urgent cessation of
hostilities and findinga solution by tripartite consensus of the three
constituent peoples of Bosnia and Herzegovina. He supported the
idea of the demilitarization of Sarajevo. He once again condemned
the shelling of Sarajevo. (Darko Ribnikar, Za hitan prekid vatre i trojni
konsenzus u BiH 1 For an Urgent Cease-Fire and Tripartite
Consensus in 6-Hl Politika, 26 June 1992, Annex No 314, pp.
200712008-2010)
3.4.1.3. Belgrade Joint Communique of 11 September 1992
issued by Federal Republic of Yugoslavia President Cosic and
Federal Republic of Yugoslavia Prime Minister Panic and witnessed
by the Co-Chairmen states, inter alia:
"3. With respect to humanitarian issues:
"(a)We declare Our total condemnation of al1 practices related
to 'ethnic cleansing', and commit ourselves to helping reverse that
which has already happened; "(b) We agree that al1statements or commitments made under
duress, particularly those relating to land and property, are wholly nuIl
and void;
"(c) We urge al1concerned parties to cooperate fully, promptly
and unconditionally in current efforts, in particular by the lnternational
Cornmittee of the Red Cross and the Office of the United Nations
High Commissioner for Refugees, to release al1detainees, to close al1
detention centres and to assure safe passage of former detainees to
secure and safe areas;
"(d) We further urge al1parties to facilitate the safe delivery of
al1humanitarian assistance;
"(e) We strongly support the efforts of al1 agencies, local and
international, to relieve the plight of displaced persons in1territories
of the former Yugoslavia." (Report of the Secretaty-General on the
lnternational Conference on the Former Yugoslavia, Sl24795, Annex 1,
11 November 1992, pp. 34/36,Annex No 315, pp. 2011-2014)
3.4.1.4. Therefore, the Federal Republic of Yugoslavia clearly
and publicly condemned "ethnic cleansing" and committed itself to
"helping reverse that which has already happened". It appealed for
the release of al1detainees by al1sides and for the closing down of
al1 detention centres. It requested that al1 sides facilitate the safe
delivery of humanitarian aid.
3.4.1.5. In paragraph 7 of a Joint Declaration signed on 30
September 1992 by the President of the Federal Republic of
Yugoslavia, Mr. Dobrica Cosic, and the President of the Republic of
Croatia, Mr. Franjo Tudjman, the two Presidents welcomed the early
stationing of international observers at airfields in their respective
countries as a confidence-building measure.(Report of the Secretary-
General on the lnternational Conference on the Former Yugoslavia,
924795, Annex II, 11 November 1992, pp.37, 38, Annex No 316, pp.
2015-2017). The FRY accepted the observers at its airfields in
Batajnica, Kraljevo, Podgorica, PriStina, SurCin, NiS, Ponikve and
Berane, as well as other airfields to which UNPROFOR requested
access.
3.4.1.6. UNPROFOR concluded an agreement with the
authorities of the Federal Republic of Yugoslavia (2 November 1992)
regarding operational arrangements for the deployment of military
observers at the airfields in those countries. The agreement provides,
inter alia, for access to the airfield flight control systems and for the
utilization ofal1 relevant data; monitoring of preparations for and
carrying out of the flying missions of aircraft at the respective
airfields; and inspection ofal1 aircraft the flights of which have been
authorized by UNPROFOR. (Report of the Secretary-General Pursuant
to Security Council Resolution 781 (1992), Sl24767, 5 November1992, Annex No 317, pp. 2018-2021, Report of the Secretary-General
Pursuant to Security Council Resolution 743 (1992), 924848, 24
November 1992, para. 41, pp. 13, 14 Annex No 318, pp. 2022-2025)
3.4.1.7.Yugosllav President D. Cosic stated on 19 October
1992 that he hoped ta1have talks in Geneva not only with Mr. Vance
and Lord Owen and F. Tudjman, but also with A. Izetbegovic. Saying
that he himself had given the initiative for such a meeting, he added
that "he wished to try to do something with a view to removing and
alleviating the immense suffering of the people in Bosnia and
Herzegovina". He was going to discuss humanitarian aid and various
forms of "peacemaking cooperation" with A.lzetbegovic, as well. (Z.
Suvakovic, Jugoslavija za okontanje rata u Bosni i Hercegovini 1
Yugoslavia in favour of the Cessation of the War in Bosnia and
Herzegovinal Politika, 19 October 1992, Annex No 319, pp.
202612027)
3.4.1.8. Joint Statement of 19 October 1992 issued by Federal
Republic of Yugoslavia President Cosic and President Izetbegovic of
Bosnia and Herzegovina includes the following:
(........)..
"2. They reaffirm the commitments of the lnternational
Conference in Londori concerning the inviolability of existing borders
other than through changes reached by peaceful agreement. They
further reaffirm that a comprehensive political solution in Bosnia and
bétfound by agreement between the Republic's
Herzegovina must
three constituent peoples within the lnternational Conference at
Geneva. All question!: concerning succession of the former Socialist
Federal Republic of \i/ugoslavia will be resolved within the framework
of the lnternational Conference or, as appropriate,bilaterally.
"3. The two Presidents agree that efforts should be intensified
to al1 levels and by i311parties involved in the conflict in Bosnia and
Herzegovina to effectuate an immediate cessation of hostilities.
"4. They agreie on the urgent need to end the blockade of
and to demilitarize Sarajevo and other cities with the assistance and
under the supervisiori of the United Nations Protection Force. In this
connection the two Presidents express the hope that the work of the
Mixed Military Workirig Group in Bosnia and Herzegovina would be
carried out intensively with participation at senior military level. The
Mixed Military Working Group should meet in permanent and
uninterrupted session."
(.......)" (S124795, 11 November 1992, pp. 41, 42, Annex No 320,
pp. 2028-2029) 3.4.1.9. Statement by Mr. llija DjukiC, Federal Minister for
Foreign Affairs of the Federal Republic of Yugoslavia at the Security
Council Meeting, held on 16 November 1992:
"ln that context, we should like to point out in particular the
importance of abiding by the following principles, which the Federal
Republic of Yugoslavia has fully and consistently complied with: the
reaching of a comprehensive solution to the Yugoslav crisis by
peaceful means with the assistance of the United Nations, the
European Community and the Conference on Security and
Cooperation in Europe (CSCE); with respect to Bosnia and
Herzegovina, the search for a peaceful solution on the basis of full
agreement between its three constituent peoples - Muslims, Serbs
and Croats; the inviolability of the existing borders between the
former Republics of the Socialist Federal Republic of Yugoslavia, with
the exception of the changes brought about by peaceful
arrangements; the observance of internationally recognized
human-rights and fundarnental-freedoms standards; the condemnation
and cessation of the practice of 'ethnic cieansing' by whoever it is
committed and wherever it occurs; the provision and unhampered
urgent delivery of humanitarian assistance; and last but certainly not
least, compliance with al1 relevant resolutions of the United Nations
Security Council.
"Our basic and primary goal is to achieve lasting peace. The
Federal Republic of Yugoslavia offers its good offices in order to
bring about an end to the war and bloodshed in this former Yugoslav
Republic. In this respect, we have already taken the following steps:
"The Government of the Federal Republic of Yugoslavia is
strongly and persistently pursuing efforts airned at helping end the
military operations in Bosnia and Herzegovina. It has invested great
efforts in, and made a considerable contribution to, lifting the siege of
Sarajevo under the supervision of the United Nations Protection Force
(UNPROFOR). It supported the decision that a mixed militaty working
group be in permanent session. It fully supported the statement of
the Co-chairmen of the Geneva Conference on Yugoslavia of 13
October 1992.
"During the recent talks between President cosic and Prime
Minister Panic with the Co-chairmen, Mr. Vance and Lord Owen in
Belgrade, Yugoslavia strongly supported the grounding of al1 military
planes and other aircraft of the Serbian Side in Bosnia and
Herzegovina at the Banja Luka airfield, also under UNPROFOR
supervision.
"To dispel any allegations of its involvement in any military
operations in the war in Bosnia and Herzegovina, the Federal
Republic of Yugoslavia has insisted since last July that United
Nations Monitors be placed at al1 airfields of the former Socialist
Federal Republic of Yugoslavia and along the border between theFederal Republic of Yugoslavia and Bosnia and Herzegovina as well
as between Bosnia and Herzegovina and Croatia. Regrettably, this
has not yet been accepted.
"The Federal Republic of Yugoslavia has exerted al1 its
influence to bring about an agreement between the Bosnian Serbs
and UNPROFOR ori deploying United Nations observers on 11
locations around Sarajevo in order to place the heavy artillery of
Bosnian Serbs under UNPROFOR supervision.
"The last mernber of the Yugoslav Army was withdrawn in
May 1992. This has been confirrned in the Secretary-General's Report
and by the European Cornrnunity.
"The President of the Federal Republic of Yugoslavia and the
Federal Government have issued orders with the effect of fully
preventing the creation of paramilitary forces and their movement
from the territory of the Federal Republic of Yugoslavia to Bosnia and
Herzegovina.
"Within his action for peace, Prime Minister Panic visited
Bosnia and Herzegovina (Sarajevo) twice; he made public appeals for
an end to the conflicl and explicitly stated that he was opposed to
any change of borders by force.
"The Federal Republic of Yugoslavia has no territorial clairns
against Bosnia and Herzegovina. That has been clearly stated in the
Declaration of the Yu!~oslav Federal Assernbly of 27 April 1992 and
in the joint staternent of 19 October 1992 by Presidents osi and
lzetbegovic reaffirrning their comrnitrnents on the inviolability of the
existing borders, except for changes reached by peaceful agreement.
Moreover, they reaffirined thata cornprehensive political solution in
Bosnia and Herzegovina must be found between the three constituent
peoples within the International Conference at Geneva.
"The Federal Flepublic of Yugoslavia has strongly condemned
the concept and the practice of 'ethnic cleansing', cornrnitted by any
side, as a crime against hurnanity. Throughout the Yugoslav crisis
and the ensuing war, "ethnic cleansing" perpetrated against one side
has invariably triggered 'ethnic cleansing' against the other. We are
opposed to each and every act of 'ethnic cleansing' by any side."
(SlPV.3137, pp.67-70, .Annex No 321, pp. 2030-2032)
3.4.1.10. The Irederal Republic of Yugoslavia again publicly
condemned the practice of "ethnic cleansing". It was reiterated that
the FRY has no territorial clairns against Bosnia and Herzegovina.
The fact was pointed out that the President and the Government of
the FRY took rneasures to prevent any formation of pararnilitary units
in the territory of the FRY and their departure for Bosnia and
Herzegovina. It was aUsopointed out that the FRY was not in any
way involved in rnilitaiy operations in Bosnia and Herzegovina andthat it had done everything it could to bring the war to an end to
help alleviate the suffering of the civilian population.
3.5. The FR of Yugoslavia and the Vance-Owen Plan
3.5.1.1. The Presidents of the FRY, Serbia and Montenegro
(D. Cosic, S. MiloSevic and M. Bulatovic sent of 26 April 1993 a
message to the delegates of the Assembly of the Republic of Srpska
concerning the acceptance of the Vance-Owen peace Plan. The text
of the message reads:
"Disthguished delegates,
"Having been informed about the irresponsible statements by
certain participants in the debate in the Assembly of the Republic of
Srpska we consider it necessary to address you with this message.
This is not the time for us to cornpete in patriotism. It is time to
make a well-thought of, far-sighted and courageous decision. Tonight
you are making a decision on the acceptance of the Vance-Owen
Plan that will be of vital importance to the outcome of your struggle
for national liberation and human and civil rights. Your acceptance or
refusal of the Vance-Owen Plan will have a great significance for the
future of the Federal Republic of Yugoslavia and its Republics of
Serbia and Montenegro as well.
"We wish to inform you that we have had very thorough, very
lengthy and very difficult talks with Co-Chairman of the Conference
on Yugoslavia D. Owen during the past few days, but that it is Our
joint assessment that as a result of the talks we have reached some
important new questions, some of which were presented in today's
address of R. Karadzic. In this connection, as well as in connection
with the entire Plan, we wish to draw your attention to our
assessments concerning the decision that is before you.
"During the talks we were given some very important
clarifications and specifications and we assessed that they had better
be given in an official form, presented to al1of us and made specific,
in order to be transmitted to the Assembly of the Republic of Srpska.
"Based on the talks that we (Cosic MiloSevic, Bulatovic) had
during the past few days with Lord Owen (which resulted in al1
important clarifications whereby very justified and greatest fears of the
representatives of the Republic of Srpska are dispelled), the following
conclusions were made and presented in detail and in an official form
to R.Karadiic and M. KrajiSnik in Our presence:
"The implementation of the Plan, pursuant to this agreement,
will start by the appointment of three members of the Presidency of
Bosnia and Herzegovina by each of the constituent peoples, who willundertake immediately to prepare and adopt the rules of procedure in
order that, upon the adoption, the implementation of the entire
arrangement can start. The irnplementation of the agreement on the
provisional regime cannot start before the rules of procedure of the
Presidency are adopted;
"Guarantees have been given that, following the signature,
forces of the Croatian Defence Council (HVO) and Muslim forces will
not be allowed to enter the territories populated by Serb people
outside Serb provinces, only the United Nations Protection Forces will
corne and guarantee personal security of the citizens and safety of
their property;
"The implementation of the free movement of civilians in the
entire territory of the former Bosnia and Herzegovina will be strictly
observed, with the United Nations guarantee.
"An understariding was expressed for the requests made by
the Serb side for changes in the area of Popovo Polje, whereby the
interests of both Serb and Croat sides would be met, on which
negotiations between the Serb and the Croat sides would be urgently
organized.
"lt was stated that the requests for making the necessary
changes which would eliminate the artificial separatiori of the smaller
part of the Serb Province No. 6 from the larger part were founded.
"The facts presented in connection with the objections of the
Serb side concerning the regions of Kozara and GrmeC as historically
Serbian territories where genocide of the Serbs was committed in
World War Two and where the Serb population is still living, were
carefully considered.
"The talks that we had especially referred to issues
concerning the Proviiice No. 3 and the necessity of the territorial
linkage between the Serb provinces. A joint conclusion was made (by
the UN representatives and ourselves) that a new reality has been
created in Province iNo. 3 by increased concentration of the Serb
population and that this fact by itself, irrespective of the transportation
regime through the province, will without doubt provide the necessary
linkage and an adequate final solution for the question of this vital
corridor, especially because the solutions already offered (even
though we are not satisfied with them for the time being) exclude al1
possibilities of cutting off the communication line;
"lt was stated that changes in the proposed maps, adopted by
agreement between al1three sides, either before or after the Plan is
adopted, should be accepted by the Conference on Yugoslavia and
the United Nations as an indisputable solution. The same applies in
the case that two sides reach an agreement on an exchange of
territories or correctior~of borders, if it is not to the detriment of the
third side.
"Considering that during the talks held by the Conference
Co-chairman, both in Belgrade and in Zagreb, and with the UnitedNations officiais, it was clarified in particular that the Croatian
Defence Council or the Muslim forces would not be allowed to be
deployed in any of the Serb-populated areas outside the Serb
provinces, but only UN forces would come in - Our assessment was
that it would be possible to make the necessary changes in the
proposed maps as requested by the Serb side more successfully by
the provisional Presidency by consensus and within the commission
on borders, than in the conditions of the continuing war.
"Based on the above facts, it is obvious and we are confident
that the remaining outstanding issues concerning the so called
provisional arrangement and the maps could be resolved more
successfully following the procedure envisaged by the Plan than by
its rejection and by continuation of confrontation and bloodshed. The
significance of the remaining outstanding issues is not even
comparable with immense human and material losses involved in a
continuation of the civil war.
"We are convinced that the following facts need to be
obsewed:
a) According to the Plan, the Serb people in Bosnia and
Herzegovina are to get 45% of the entire territory of Bosnia and
Herzegovina;
b) It is quite certain that the main question concerning the
territorial linkage between the Serb provinces has to be resolved and
that the danger for the Serb people to be separated and divided has
been eliminated;
c) Agreement has been reached to justly resolve the problem
of the Popovo Polje area;
d) Conditions are being created for opening the issue of
Kozara as a historical site of the Serb people who were subjected to
genocide in World War Two;
e) There are possibilities of removing the artificial differences
between the larger and the smaller part of Province No. 6 and for
achieving adequate integration:
"Legal prerequisites exist for a favourable solution of other
outstanding issues as well, whereby, we are confident, the Serbs in
Bosnia and Herzegovina and the Serb people at large would not be
afflicted any considerable damage, even if the final outcome turns out
to be the most disadvantageous solution within the offered framework,
which we do not expect. Namely, we do not expect that the solutions
adopted in the planned settlement procedure will be in the worst
interest of the Serb side, not only because that would be illogical and
unfair, but also because the Serb side is to adopt decisions within
the planned procedure by consensus, meaning that without its
consent Bosnia and Herzegovina cannot function in any respect.
Therefore, in Our approach to the Vance-Owen Plan, it is not that we
are excluding the possibility of further confrontations and
misunderstandings, but we appeal that in the future confrontationstake place in politicail debates and at the conference table within the
Conference on Yugoslavia, within the tripartite Presidency operating
on the principle of consensus, within the commission on borders, and
within al1other authoirities, rather than by the use of arms, bloodshed
and destruction of towns and villages.
"The citizens of Yugoslavia, Serbia and Montenegro, have
demonstrated the highest degree of solidarity with you, going even
beyond their means. They will continue to demonstrate this solidarity,
in spite of al1threats, as has been confirmed by the FRY Assembly
resolution.But, it is on their behalf that we wish to tell you this: at
the time when you are guaranteed equality and the right to
decision-making by consensus, as a constituent people, and in view
of the territorial proposal, you have no right to jeopardize and expose
to international sanctions ten million citizens of Yugoslavia, on
account of the remairiing outstanding issues which are of far smaller
significance than the results achieved. We simply wish to tell you that
you must not go to thle extremes in your requests.
"If, in addition to the above stated, the outcome of the talks
that we have had indicates that in none of the Serb-populated areas
in Bosnia and Herzegovina, namely in Serb villages outside the Serb
provinces, will the Croatian Defence Councii and the Muslim forces
be allowed to enter, and that no important decision in Bosnia and
Herzegovina in the future will be made or be possible to be made
without your consent, that the settlement of the corridor problem
cannot be prevented, then the question arises of the kind and the
scope of the benefit which would justify affliction of enorrnous
damage to al1of Yugoslavia by the imposition of new sanctions and
tightening of the present sanctions today at6.00 o'clock local time.
"Your decision made today does not have the same value as
the decision made t'omorrow, because under the United Nations
Security Council resoliition, your decision made today disqualifies the
sanctions without anyone's external agreement, but made as late as
tomorrow, it opens a long-lasting and uncertain process of reaching
an agreement, which requires an agreement of all, including those
who do not mean us well.
"We presume 'that we have as much right as you to make
decisions of importance to the Serbian people and we therefore
dernand that you take Our categorical position into consideration and
accept the Plan.
"We presume ithat we have the right to understand what is
good for Our country and the entire Serb people and what is bad.
This is the question of war and peace and, therefore, we opt for
peace. The peace is riot only peace for Serbia and Montenegro, but
for al1of us, too. The peace is an honourable peace that guarantees
you equality and freedom. The other alternative is an unnecessary
war that can, now that the Serb people in Bosnia and Herzegovina
have achieved equality and freedom and preserved their territories forthe most part, bring nothing but evil, suffering and violence upon
themselves and others." (Poruka tri predsednika SkupStini RSI The
massage of three Presidents to the Assernbly of the Republic of
Srpska, Politika 27 April 1993, Annex No 322, pp. 203311-2 - 203313-
6)
The Message also presented the reasons for and objectives
of the solidarity and support provided by the Federal Republic of
Yugoslavia to the Serbs in Bosnia and Herzegovina. They include the
protection of existential security of the Serbs in those areas and the
equality of the Serb people with other peoples in Bosnia and
Herzegovina.
3.5.1.2. At the session of the Assernbly of the Republic of
Srpska on 25 April 1993 in Bijeljina, the President of the FRY, Mr.
cosic, the President of the Republic of Serbia, Mr.MiloSevic and the
President of the Republic of Montenegro, Mr. Bulatovic, requested the
Assembly to accept the Vance-Owen Plan. The Assembly, however,
rejected the Plan. (Plan nije prihvaCen, sankcije pooStrene /Plan Not
Accepted, Sanctions Tightenedl Politika, 27 April 1993, Annex No
142)
3.5.1.3. The National Assembly of Serbia made an appeal to
the Assembly of the Republic of Srpska to accept the Vance-Owen
Plan. (I.P. Apel SkupStini RS da preispita odluku O planu Vensa i
Ovena IAppeal to the Parliament of the Republic of Srpska to
Reconsider Its Decision on the Vance -Owen Plan1Politika, 29 April
1993, Annex No 143).
3.5.1.4. After the meeting between the President of the
Republic of Serbia, Mr.Milo evi ,the President of the Republic of
Srpska, Mr. Karadiic, and the President of the Assembly of the
Republic of Srpska, Mr. KrajiSnik, the decision was made for the
Assembly of the Republic of Srpska to meet again on 5 May 1993 to
reconsider the Plan in the light of the new circumstances reiated to
the specification of the status of the corridors which links parts of the
Republic of Srpska in Eastern and Western Bosnia. (SkupStina
Republike Srpske ponovo 5. maja IAssembly of Bosnian Serb
Republic Reconvenes on 5 May IPolitika, 30 April 1993, Annex No
144)
3.5.1.5. The Assembly of the Republic of Srpska met at Pale
on 5 May 1993. The President of the FRY, ~r.Cosic, the President of
the Republic of Serbia, Mr.MiloSevic and the President of the
Republic of Montenegro, Mr. Bulatovic, as well as the Prime Minister
of Greece, Mr. Mitzotackis, recornmended the endorsement of the
Plan and made an effort to reassure the delegates to accept it. TheAssernbly, however, ldecidedto announce a referendurn on 15 and 16
May 1993, at whichi the citizens of the Republic of Srpska would
directly voice their opinion on the Peace Plan. (Nije prihvacen rnirovni
plan Vensa i Ovena za BiH Nance - Owen Peace Plan for Bosnia-
Herzegovina Not Accepted /Politika, 6 May 1993, Annex No 145).
3.6. The Meâsures of the FR of Yugoslavia Taken Vis-a-vie
the Republic of Srpska
3.6.1.1. The Federal Governrnent issued the following
statement frorn the session held on 6 May 1993:
"The Governrnent of the Federal Republic of Yugoslavia
reviewed today the c:onsequences resulting frorn the decision of the
Assernbly of the Republic of Srpska at Pale not to accept the
Vance-Owen plan buit to leave the final decision to the Serb people
in Bosnia-Herzegovina to be taken at a referendurn.
"ln this connection, the Governrnent expressed its indignation
and profound concerni at of such a decision and the possible course
subsequent developrnents could take, and at the failure of the
Assembly of the Republic of Srpska to acknowledge the undeniable
arguments advocated on behalf of the Federal Republic of Yugoslavia
by presidents Cosic, I"viiloSevicand Bulatovic.
"Bearing in inind the imrnediate adverse effects of UN
Security Council Resolution 820 on the econornic capacity of the
Federal Republic of Yugoslavia and the social condition of the
rnajority of its citizens, the Federal Governrnent is forced to adjust al1
future aid to the Republic of Srpska to its objective econornic
possibilities and to reduce it exclusively to supplies of food and
medicines.
"The Federal Governrnent has instructed the appropriate
rninisters to ensure the strict implernentation of this decision."
3.6.1.2. The Governrnent of the Republic of Serbia also
issued the following statement from the session held on 6 May 1993:
"The Governrnent of the Republic of Serbia discussed the
Report, prepared by Prime Minister N. Sainovic, on the results of the
negotiating process foi' peace in former Bosnia and Herzegovina, and
of the session of the Assernbly of the Republic of Srpska.
"The Governrnent reached the following conclusions:
"Firmly believing that a just struggle for freedom and the
equality of the Serb people is being waged in the Republic, the
Republic of Serbia has unreservedly and generously been helpingthe Republic of Srpska, in spite of the enormous problems it had to
face due to the sanctions imposed against it by the UN Security
Council.
"At the same time, the Republic of Serbia significantly
contributed to peace within the UN efforts, with a view to securing
international guarantees for a just and honourable peace, ensuring
the security, the territories and the constituent status of the Serb
people in Bosnia and Herzegovina.
"The Government believes that such conditions have been
met after the enhancement of the Vance-Owen plan at the meeting in
Athens.
"Taking part in the session of the of the Assembly of the
Republic of Srpska, S. MiloSevic, President of the Republic of Serbia,
N. Sainovic, Prime Minister of Serbia and 2. Lilic, Speaker of the
Serbian parliament, presented numerous elements and facts, in order
to help the deputies of the Assembly of the Republic of Srpska to
approve the Vance-Owen plan, not as a final solution, but certainly
as a good basis for preventing, within the peace process, the loss of
lives, as well as to ensure a lasting peace and the just objectives of
the Serb people.
"The Government reached the conclusion that the decision of
the of the Assembly of the Republic of Srpska, i.e. to delegate the
final decision regarding the Vance-Owen plan to the people,
represents an irresponsible act, since the people did not take part in
the negotiations that lasted several months, and they should not be
used as a screen by the leaders faced with critical decisions, since
the leaders are obliged to make decision and to consequently be
accountable to the people for their actions.
"Since the conditions for peace have been met, the
Government also agreed, that any further supply of aid to the
Republic of Srpska should be limited to food and medicines in such
quantities as the competent ministries will determine. The Government
of the Republic of Serbia also believes that, as the conditions for
establishing peace have been met, any further aid in funds, fuel, raw
materials etc. provided until now with great sacrifices by the Republic
of Serbia itself, is no longer justified.
"The Republic of Serbia will always unreservedly offer shelter
to the wounded, refugees, and al1 threatened persons from former
Bosnia and Herzegovina, but it cannot tolerate that certain officiais
from that area live comfortably and immodestly in Belgrade, while
they offer only a harsh policy of sacrifices and poverty to the people
of the Republic of Srpska.
"The Government of the Republic of Serbia underscores its
deep appreciation for the efforts, intended to help the peace process
in loco with political rneans, made by the Greek Government, and
especially for thepersonal engagement of Prime Minister Mitzotackis."(SaopStenje Vlade Republike Srbijel The Statement of the
Governement of the Republic of Serbia, 6 May 1993, Annex No
322a, pp. 203317-2031318)
3.6.1.3. Messiages, advice and requests made by the
presidents of the FF1 of Yugoslavia, the Republic of Serbia, the
Republic of Montenegro, as well as the Prime Minister of Greece,
steps taken on the bzisis of UN Security Council resolution 820 of 18
April 1993 against the FRY and against the Republic of Srpska, as
well as measures talcen by the Yugoslav Federal Government and
the Government of thle Republic of Serbia on 6 May 1993, did not
influence the behaviour of the Republic of Srpska, which finally
rejected the Vance-Owen Peace Plan. This fact testifies to a high
degree of independence of the authorities of the Republic of Srpska
in decision making, as well as to the impossibility of the FRY of
influencing the behaviour of theRepublic of Srpska.
3.6.1.4. The Federal Government made decision at its session
held on 4 August 1994 to break off political and economic relations
with the Republic of Srpska, considering that the Republic of Srpska
rejected the Contact (;roup peace plan, formulated in Geneva on 30
June 1994. The statement issued after this session reads:
"By rejecting the peace, the leadership of the Republic of
Srpska has committed the gravest act against the FR Yugoslavia, the
Serbian and Montenegrin peoples and al1 citizens living in these
areas.
"The Federal Giovernmenthas therefore made decision:
"- to break off political and economic relations with the
Republic of Srpska,
"- to ban the members of the leadership of the Republic of
Srpska (the Assembly, the Presidency, the Government) from staying
in the territory of the FR Yugoslavia;
"-The border of the FR Yugoslavia shall as of today be shut
to al1 transports deslined for the Republic of Srpska with the
exception of food, cllothing and medicines." (Prekid ekonomskih i
polititkihodnosa sa RS /Severance of Economic and Political
Relations with RS IPolitika, 5 August 1994, Annex No 322b, pp.
203412035)
3.6.1.5. Not even after these Federal Government measures,
nor after Security Council resolution 942 of 23 September 1994, did
the Republic of Srpskai altere its behaviour and accepted the Contact
Group Plan.
3.6.1.6.In September 1994 the FR of Yugoslavia agreed to
the visit of a humanitarianmission of the International Conference onYugoslavia whose reports to the Conference Secretariat shortly
confirmed that the FRY was implementing its decision to break off
relations with the Republic of Srpska.
3.6.1.7. Bearing this in mind, the Security Council decided by
its resolution 943 (1994) of 23 September, 1994 to suspend the
application of measures relating to commercial air traffic asl as to
CO-operationin the fields of sports and culture.
3.7. Proxirnity Peace Talks at the Wright-Paterson Air
Force Base, Dayton, Ohio
3.7.1.1. The President of the Republic of Serbia, Slobodan
~ilo~evic, wrote, on 1 August 1995, to General Mladic, Commander
of the Army of the Republic of Srpska, and to the leadership of the
Republic of Srpska requesting them to conclude an agreement on the
cessation of hostilities with the Muslim army in order to create
conditions for the quest for a peaceful solution. On the same day, he
also wrote to Alija lzetbegovic asking him to conclude a cease-fire
agreement and achieve peaceful solution by political means. (Two
letters by the President of the Republic of Serbia, Slobodan
MiloSevic, dated 1 August 199513 August 1995, SI19951643 Annex
NO323, pp. 2036-203712038)
3.7.1.2. After the extensive armed intervention of NATO forces in
the civil war in Bosnia and Herzegovina prompted by the suffering of
civilians as the Markale market in Sarajevo caused by the explosive
device attributed, but unsubstantiated by evidence, to the forces of
the Republic of Srpska, the relationship of forces on the battlefield
had changed, and the Muslim-Croat military coalition took large
chunks of the territory of the Republic of Srpska, endangering even
Banja Luka and threatening the Serbs in Bosnia with the same fate
that befell the Serbs in Croatia. In such circumstances the Republic
of Srpska agreed to participate in the peace conference in Dayton,
Ohio and concluded an Agreement with the Federal Republic of
Yugoslavia, on 29 August 1995, giving consent for a joint delegation
and consenting that, in the event that agreement is not reached
specific questions within the joint delegation, the President of the
Republic of Serbia, Slobodan MiloSevic,will have the casting vote. 3.7.1.3. Unsatisfied with the solutions reached at the Proximity
Peace Talks in Dayton, Ohio the representatives of the Republic of
Srpska refused to initial the 12 agreements contained in annexes to
the General Framework Agreement for Peace in Bosnia and
Herzegovina. Proceeding from the full powers stemming from the
Agreement with the Republic of Srpska dated 29 August 1995 and
convinced that the C;onstitution of Bosnia and Herzegovina, set forth
in Annex IV secures, in the necessary measure, the Republic of
Srpska and the Serb people in Bosnia and Herzegovina, the
representatives of the Federal Republic of Yugoslavia assumed
responsibility and initialledthe said Agreements (A) 50/790,
Sl19951999,30 Nove~mber1995). The Federal Republic of Yugoslavia,
having been afforded the opportunity, thus made a decisive step
towards the establishiment of peace in Bosnia and Herzegovina based
on equality of thethrise constituent peoples.
3.8. The FR of Yugoslavia Offered Shelter to Muslirn
Refugees frorn Bosnia and Herzegovina
3.8.1.l. In the FR of Yugoslavia, Serbia alone took in around
445,000 refugees of liivhichthe majority or 235,000 (53 %) hail from
Bosnia and Herzegovina. Most refugees are Serbs (80 %), followed
by Muslims (7.8 % ). (The sixth periodic report on the situation of
human rights in the territory of the former Yugoslavia submitted by
Mr. Mazowiecki, the Special Rapporteur of the Commission on
Human Rights, pursuant to para. 32 of Commission Resolution 199317
dated 23 February 1993, ElCN.4119941110,21 February 1994, p. 39
para. 256, Annex. Ni3 324, pp. 2040-2041; Dopis Komesarijata za
izbeglicenhe Letter of the Commissioner for Refugees of the
Republic of Serbia No!.9-20411,2 February 1995, Annex No 325, pp.
2042-204712048-2052)
The above figures reflect the situation at the beginning of
1993; the data do na include the refugees living in Montenegro nor
the non-registered ones, and their total number in the FR Yugoslavia
has been estimated at 600,000. (Refugees in Serbia, No. 7. Belgrade,
10 May 1993, Annex IVo326, pp. 2054-2055).
3.8.1.2. Severa.1hundred Muslims from Eastern Bosnia fled to
the territory of theFFI of Yugoslavia, i.e. the Republic of Serbia, at
the end of July 1995. These are the people who left the Muslim army
and sought protection in the territory of the FR of Yugoslavia. They
were accepted in the territory of the FR of Yugoslavia and providedaccommodation and medical and other assistance. These people are
also taken care of by the representatives of the International
Committee of the Red Cross and the United Nations High
Cornmissioner for Refugees. (Vise stotina muslimana iz istoEne Bosne
izbeglo na teritoriju SrbijelSeveral Hundred Muslims from Eastern
Bosnia Fled to the Territory of Serbia, Politika, 2 August 1995, Annex
No 327, pp. 205612057)
3.8.1.3. It would be absurd for a State which committed
genocide of Muslims to let Muslirn refugees into its territory and to
provide shelter for thern.
3.9. The FR of Yugoslavia Enables the Transport of
Humanitarian Relief for the Population of the Republic of
Bosnia and Herzegovina Through its Territory
3.9.1.l. The Yugoslav Red Cross offered humanitarian
assistance to the relevant institutions in the Republic of Bosnia and
Herzegovina on several occasions, but al1 its offers were declined.
The Yugoslav Red Cross organized a convoy for Sarajevo and Gora
de. It prepared 40 tons of food and toiletries for each of the two
towns. The shipment for Sarajevo was taken over from UNPROFOR
at Lukavica, after Sarajevo refused to issue an entry permit; the
trucks destined forGorafde had passed beyond Rogatica when they
were ordered back. In November 1992 the Yugoslav Red Cross
sought to organize the delivery of family parcels to Tuzla but was not
enabled to do so either. The humanitarian organization ADRA
(Adventist Charity) rnanaged to transport individual family parcels to
Sarajevo. The Yugoslav Red Cross has worked closely together with
this organization.
3.9.1.2. Considerable quantity of food and other relief aid
supplies for the population in the Muslirn-controlledreas has been
transported across the territory of the FRY. Thus, in the period from
1 January 1993 and to 31 October 1994, UNHCR transported 29,966
tons of aid from the territory of the FRY toGoraide, Srebrenica and
fepa. The shiprnent of these relief supplies were facilitated by the
Yugoslav Government which provided 60,299 litres of petrol at a time
of acute fuel shortage due to the measures of the Security Council. A
State with a hostile attitude toward the Muslirns in Bosnia and
Herzegovina or having any bad intentions against thern would, clearly,
have disallowed such drives. (Letter of the United Nations HighCommissioner for Refugees of 10 November 1994, Annex No 328,
pp. 2058-2059)
3.9.1.3. Sarajevo was receiving natural gas via the FR of
Yugoslavia territory throughout the war including the winter rnonths
when the Sanctions Cornmittee refused to allow any humanitarian
natural gas import into the FR of Yugoslavia.
3.10. Deferral of the Criminal Proceedings against DraZen
Erdemovic to the lnternational Tribunal for the Prosecution
of Persons Responsible for Serious Violations of
lnternational tiumanitarian Law Committed in the Territory
of the Former Yugoslavia since 1991
3.10.1.1. The International Tribunal for the Prosecution of Persons
Responsible for Serioi~sViolations of lnternational Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991 has
requested a temporary Deferral of Draien Erdemovic for hearing in
connection with the crime which took place in the vicinity of
Srebrenica. Prior to that proceedings were instituted against Draien
Erdemovic before the court in Yugoslavia on the suspicion of having
committed war crime against the civilian population. The competent
district court, by its:cisionNo. KV-193196of 7 June 1996 met the
request of the lnternational tribunal and ceded Darien Erdemovic for
a specified period of time for interrogation by the prosecutor of the
lnternational tribunal.ReSenjeOkruinog suda u Novom Sadu, posl.
br. KV-193196, 7. jun '1996.godine, Decision of the District Court in
Novi Sad, No. KV-193196,7 June 1996 Annex No 329, pp 2060-
206112062-2064).
3.10.1.2. The Trial Chamber of the lnternational Tribunal for
the Prosecution of F'ersons Responsible for Serious Violations of
lnternational Humanitarian Law Comrnitted in the Territory of the
Former Yugoslavia sin~ce1991 by its Decision of 29 May 1996:
"Formally requests the Government of the Federal Republic of
Yugoslavia to order its national courts to defer to the lnternational
Tribunal al1 investigations and criminal proceedings respecting serious
violations of international hu,manitarian law, as set forth in Articles 2
to 5 of the Statute of the lnternational Tribunal, alleged to have beencommitted by Draien Erdemovic in and around Srebrenica in July
1995,
"Invites the Government of the Federal Republic of Yugoslavia
to take al1 necessary steps, both legislative and administrative, to
comply with this Formal Request and to notify the Registrar of the
lnternational Tribunal of the stepstaken to comply with this Formal
Request, and
"Requests that the Government of the Federal Republic of
Yugoslavia foward to the lnternational Tribunal the results of its
investigations and copy of the records and judgement of its national
courts, if any." (International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of lnternational Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991,
Decision of 29 May 1996 in the Matter of a. Proposal for a Formal
Request for Deferral to the Competence of the lnternational Tribunal
Addressed to the Federal Republic of Yugoslavia in the Matter of
Draien Erdemovic, Case No. IT-96-2243,Annex No 330, p. 2073)
said request
3.10.1.3. The Yugoslav Government transmitted the
of the lnternational Tribunal to the investigative judge conducting the
investigation against Erdemovic. The investigative judge of the
competent District Court made the following decision on 24 June
1996.
"The request of the lnternational Tribunal for the Prosecution of
Persons Responsible for Serious Violations of lnternational
Humanitarian Law Committed in the Territory of the Former
Yugoslavia since 1 January 1991 No. IT-96-22D of 29 May 1996 is
complied with, and the investigations and criminal proceedings
conducted so far by the District Court in Novi Sad against the
accused Draien Erdemovic, as well as the results of the
investigation, are deferred to the lnternational Court in the Hague, in
the case of Draien Edrdemovic in connection with serious violations
of international humanitarian law". (Okruini sud u Novom Sadu,
lstraino odeljenje, Posl. br. Ki 60190, ReSenje od 24 juna 19961
District Court in Novi Sad, Criminal Investigations Department, No, Ki
60190, Decision of 24 June 1996, Annex. No 331, p. 2075-
207612077).3.11. Conclusions
3.11.1.1. Since 27 April 1992 the territorially diminished FR
of Yugoslavia reduced its cornpetences to the territory of the
Republic of Serbia 'and the Republic of Montenegro as well as to
the citizens of these two Republics. Therefore, it was without any
cornpetence on the territory of Bosnia and Herzegovina and with
respect to towards the citizens of Bosnia and Herzegovina.
3.11.1.2. The Yugoslav People's Arrny (the JNA) withdrew,
duly and within the .shortest possible delay, its mernbers who were
the citizens of the Republic of Serbia and the Republic of
Montenegro frorn thle territory of Bosnia and Herzegovina. Not a
single governrnent agency of the FR of Yugoslavia has taken part
in decision-making on any rnilitary or armed operation in the
territory of Bosnia and Herzegovina.
3.11.1.3. Accordingly, neither units of the Yugoslav
People's Army nor any other organ of the FR of Yugoslavia have
participated in any ~allegedbreaches of obligations established by
the Genocide Conveintion.
3.11.1.4. The FR of Yugoslavia has publicly reiterated
several tirnes that it has no territorial aspirations towards the
neighbouring States, including the Applicant.
3.11.1.5. The FR of Yugoslavia has condemned publicly
and consistently ethnic cleansing, bornbardrnent of towns, forcible
detention of civilians in detention camps irrespective of the party
responsible for such acts and has urged al1 the parties to stop
such inhurnan and illegal acts.
3.11.1.6. The FR of Yugoslavia has deferred the crirninal
proceedings against IDralen Erdernovic to the International Tribunal
for the Prosecution of Persons Responsible for Serious Violations
of International Humanitarian Law Cornrnitted in the Territory of the
Former Yugosiavia since 1991.
3.1 1.1.7. By extending hurnanitarian, political and economic
assistance, the FR of Yugoslavia has backed the endeavour of
the Serb people in Bosnia and Herzegovina to safeguard its
existential interests and a status equal to that of other peoples in
those areas. This hais never been intended assistance to facilitate
the commission of irihurnan and illegal acts. The assistance wassuspended when - in the opinion of the FR of Yugoslavia - the
authorities of the Republic of Srpska overstepped the lirnits set
for the ensurance of existential security and equality with other
peoples in Bosnia and Herzegovina, i.e. when the Republic of
Srpska rejected the 1993 Vance-Owen plan and the 1994 Contact
Group plan.
3.11.1.8. The Republics of Serbia and Montenegro, both
within the SFRY, as well as within the FR of Yugoslavia, have
persistently and consistently sought to settle by means of a
negotiated settlernent differences between the three ethnic
communities without resorting to the use of force. Everything done
by the FR of Yugoslavia vis-a-vis Bosnia and Herzegovina has
been in line with this position.
3.1 1.1.9. FR of Yugoslavia took part in the Proximity Peace
Talks at the Wright-Paterson Air Force Base, Dayton, Ohio and
contributed to the conclusion of the General Frarnework Agreement
for Peace in Bosnia and Herzegovina, initialled in Dayton, Ohio on
21 November 1995 and signed at Paris on 14 Decernber 1995.
3.11.1.10. The FR of Yugoslavia has taken part in the
delivery of humanitarian assistance to the civilian population,
including the Muslirns, in the territory of Bosnia and Herzegovina.
3.11.1.1 1. The FR of Yugoslavia provided shelter to Muslirn
refugees frorn Bosnia and Herzegovina OBSERVATIONS CONCERNING THE STATEMENT
OF' LAW IN THE MEMORIAL
CHAPTER IV
INTERPRETATION OF THE RULES OF THE 1948
CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE
CRIME OF
4.1. Introduction
4.1.1.1. This Chapter presents and interprets the relevant rules
of the 1948 Convention on the Prevention and Punishrnent of the
Crime of Genocide. In this way the untenability of the legal positions
of the Applicant in regard to these issues has been dernonstrated.
4.1.1.2. The Applicant incorrectly deterrnines the state as a
subject which can com~rnitacts of genocide or sorne other prohibited
act.
4.1.1.3. Many acts referred to by the Applicant cannot be
qualified as genocide. In qualifying the allegedly comrnitted acts, the
Applicant deviates considerably frorn the definition of genocide.
4.1.1.4. The P,pplicant incorrectly expounds on "presurned
intent" and the burden of proof. 4.1.1.5. The Applicant also erroneously determines territorial
applicability as well as the content of the international obligations of
States parties stemming from the 1948 Convention on the Prevention
and Punishment of the Crime of Genocide.
4.2. Concept of the Crime of Genocide
4.2.1.l. In Chapter 5.5 paras 5.5.1.1 - 5.5.6.5 of the Memorial
(pp. 235 -242) the Applicant describes the progressive development
of the definition and prohibition of genocide. The Respondent denies
any progressive development of the definition of genocide. Article 4 of
the Statute of the lnternational Tribunal for the Prosecution of
Persons Responsible for Serious Violations of lnternational
Humanitarian Law Committed in the Territoiy of the Former
Yugoslavia since 1991, adopted by the UN Security Council by its
resolution 827 on 25 May 1993, contains a definition of genocide
identical to that set out in Article I of the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide. (Statute of the
lnternational Tribunal for the Prosecution of Persons Responsible for
Serious Violations of lnternational Humanitarian Law Committed in the
Territory of the Former Yugoslavia since 1991, adopted by the UN
Security Council by its resolution 827 on 25 May 1993, Article 4,
Annex No 332, p. 2079) Further on, Doudou Thiam, Special
Rapporteur does not propose in his Thirteenth Report on the Draft of
Crimes against the Peace and Security of Mankind (AlCN.41466, 24
March 1995, pp. 15-17, Annex. No 333, pp. 2081-2083) any changes
in the definition of genocide as set forth in Article II of the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide.
However, even if there had been any "progressive
development" of the definition of genocide that would have been of
no significance to this Case. Pursuant to Article IX of the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide, the Court is obliged to adhere exclusively to the provisions
contained in the said Convention. Anything outside the Convention
related to the definition and prohibition of genocide is irrelevant.
4.2.1.2. The concept of the crime of genocide is defined by
Article II of the 1948 Convention on the Prevention and Punishment
of the Crime of Genocide and reads:
"ln the present Convention, genocide means any of the
following acts cornmitted with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such: (a) Killing mernbers of the group;
(b) Causing serious bodily or mental harm to rnembers of the
group;
(c) Deliberatlely inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in part;
(d) lmposing rneasures intended to prevent births within the
group;
(g) Forcibly transferring children of the group to another
group."
4.2.1.3. Elemlents of the concept of genocide are: prohibited
act, intent and object.
4.3. The Protiibited Acts Are Enumerated Exhaustively
4.3.1.1. The prohibited acts are set forth in para. 2 Article II
of the 1948 Convention on the Prevention and Punishrnent of the
Crime of Genocide. The enurneration of the prohibited acts is
exhaustive in Article II of the Convention on the Prevention and
Punishment of the Crime of Genocide. Criminal law does not brook
exemplary enumeration.
4.3.1.2. The Sixth Committee has explicitly expressed its
position on this issue. The Chinese delegate proposed exernplary
enurneration, but it was rejected by the Sixth Committee. The
Contracting Parties did not, consequently, accept exernplary
enurneration.
"Mr. Ti-tsun Li (China) explained that his arnendrnent was to
delete the words 'the following', which appeared at the beginning of
Article II, and to insert the words 'including the following' before the
enumeration of acts constituting genocide.
"He recalled that the Sixth Cornrnittee had discussed at length
the question as to whether the definition of genocide should take the
form of a definition in general terms, or whether it should include an
enumeration of the various acts constituting the crime of genocide.
While some delegations had maintained that such an enumeration
was the rnost simple, concrete and precise form of definition, others
had felt that no enumeration could ever be cornplete and would
therefore allow some: perpetrators of genocide to escape with
irnpunity. TheComrnittire had voted in favour of enurneration, and the
Chinese delegation hatj voted with the rnajority.
"The Chinese delegation had no wish to reopen the
discussion of that question, but considered that the second part ofArticle I should be strengthened in order to avoid the danger pointed
out by those who had opposed the principle of enumeration. Mr. Li
declared that his delegation was notalone in believing that the scope
of the enurneration in article I of the draft convention should be
enlarged; several delegations had, in fact, submitted amendments to
that effect.
"If the Chinese amendment were adopted, the four categories
of acts listed in Article I would be merely instances of acts
constituting genocide; they would be most typical and important
instance, but not the only acts constituting genocide to the exclusion
of al1 others which could not be foreseen at that time. The Chinese
amendment removed the restrictive character of the enumeration and
made it possible to include therein those acts which, in the future,
might be considered by judges or jurists as acts of genocide. It
should not be forgotten that genocide was a new concept and that it
was impossible to foresee to what means the perpetrators of the
crime might resort when they wished to destroy given groups."
(Official Records of the Third Session of the General Assembly, Part
1, Legal Questions, Sixth Committee, Summary Records of Meetings
21 September - 10 December 1948, p. 143, Annex No334, p. 2085)
The Chinese amendment was rejected by 35 votes to 9, with
5 abstentions. (Official Records of the Third Session of the General
Assembly, Part 1, Legal Questions, Sixth Committee, Summary
Records of Meetings 21 September - 10 December 1948, p. 145,
Annex. No 335, p. 2087)
4.3.1.3. Considering this issue, Nicodeme Ruhashyankiko,
Special Rapporteur, pointed to the reasons presented during the
debate within the Sixth Committee:
"ltwas argued on the other hand that an exhaustive
enumeration was necessitated by the principle nulla poena sine lege,
which prevailed in national penal legislation, and that it would be
impossible to provide for the punishment of crimes not specified in
the criminal code..." (Study of the Question of the Prevention and
Punishment of the Crime of Genocide, Study prepared by Mr.
Nicodeme Ruhashyankiko, Special Rapporteur, ElCN.41Sub.21416,4
July 1978, pp. 13,14, Annex No 336, pp. 2089-2090)
4.3.1.4. Acts which might be similar to genocide are not
genocide. Only acts specified as such under the 1948 Convention on
the Prevention and Punishment of the Crime of Genocide constitute
the crime of genocide. 4.4. lntent
4.4.1.1. The elernent of intent is expressed by the words:
"acts committed with intent to destroy ...a group, as such" ...
4.4.1.2. The element of intent is explicit. There is no genocide
without the intent to destroy a group in whole or in part, and without
the destruction of meimbersof the group being cornrnitted because of
their belonging to the group.
4.4.1.3. Nicoderne Ruhashyankiko, Special Rapporteur, noted
as follows:
"During the dirbate in the Sixth Comrnittee it was pointed out,
inter alia, that what distinguished genocide frorn the cornrnon crime of
rnurder was the intention to destroy a group. Genocide was
characterized by the factor of particular intent (dolus specialis) to
destroy a group. In the absence of that factor, whatever the degree
of atrocity of an act and however similar it rnight be to the acts
described in the Convention, that act could still not be called
genocide.
(.........)..
"...in the view of the Special Rapporteur, the elirnination of
the elernent of intent would efface any distinction between genocide
and ordinary rnurder and also, as will be explained below ...,between
genocide and war crirnes." (Study of the Question of the Prevention
and Punishrnent of the Crime of Genocide, Study prepared by Mr.
Nicodeme Ruhashyankiko, Special Rapporteur, EICN.4/Sub.2/416, 4
July 1978, pp. 25,26, .AnnexNo 337, pp. 2092, 2093)
4.4.1.4. lntentlpresumesthat the perpetrator of the act directs
his act towards a rneimberor rnernbers of a given group wishing to
destroy that group in part or in whole. This further rneans that the
perpetrator of the act should know that his act will affect precisely
the members of the group whose destruction he desires.
4.4.1.5. Mr. Morozov, USSR representative on the Sixth
Cornmittee "pointed out that the purpose of the USSR amendrnent
was to replace the expression 'cornrnitted with intent to destroy' by
'aimed at the physical destruction'." (Official Records of the Third
Session of the General Assernbly, Part 1, Legal Questions, Sixth
Committee, Surnrnary Records of Meetings 21 September - 10
December 1948, p. 95, Annex No 338, p. 2095) The USSR
arnendrnent was rejected by 36 votes to 11, with 4 abstentions.
(Official Records of the Third Session of the General Assembly, Part1, Legal Questions, Sixth Committee, Summary Records of Meetings
21 September - 10 December 1948, p. 97, Annex No 339, p. 2097)
4.4.1.6.. States, thus, insisted that the subjective element -
intent- remain an element of the definition of genocide. This fact is
pointed to by the Applicant in his "Mernorandum of Law on
Jurisdiction under the Genocide Convention" of 22 August 1993, pp.
15, 16. The Respondent agrees with the position presented in the
"Memorandurn", under the title "Genocide Requires a Specific lntent
to Destroy a Human Group".
4.4.1.7. In para. 2.1.0.8 of the Memorial (p. 14) it is said
"figures which are widely accepted indicate that the total number of
people killed, mainly Muslim but also Croat is around a quarter of a
million, of a total population of around 4.5 million." Serbs accounted
for one third of the 4.5 million inhabitants. There were those who
declared themselves as Yugoslavs, as well as members of national
minorities. Among the 250,000 killed, "figures which are widely
accepted" the Applicant makes no mentions of Serbs and members
of national minorities. In the same paragraph of the Memorial the
Applicant goes on to Say: "Documented figures compiled by the
Bosnia and Herzegovina lnstitute for Public Health in February 1994
(from April 1992), and others shed some Iight upon the extent of
suffering caused by the acts of the Serb Forces: 142,334 deaths ...".
If this figure is correct, which the Respondent doubts, because it has
not been proven in any way, the question remains whose forces
killed the remaining 110,000 people. In the Letter dated 20 December
1994 from the President of the Serb Civic Council of the Republic of
Bosnia and Herzegovina to the President of the Security Council" it is
assessed that 100,000 Serbs from Bosnia-Herzegovina have lost their
lives in the war. The letter was signed by Mirko Pejanovili, mernber
of the Presidency of the so-called Republic of Bosnia-Herzegovina,
and was circulated as a Security Council document at the request of
Mohamed sacirbey, Permanent Representativeof the Applicant to the
UN. (S/1994/1444, 22 December 1994, Annex No 340, pp. 2098-
21 03)
Without going into the truthfulness of the given facts,
the Respondent wish to emphasize that the figure of killed mernbers
of a group alone is not sufficient for establishing the commission of
the crime of genocide. For, if members of a group lost their lives in
war, opposing the other side in the conflict, mass loss of life need
not mean genocide.
4.4.1.8. As the Republic of Srpska authorities have released
almost al1 persons held in the detention centres following the
agreement reached on the release of detainees on 1 October 1992, itis clear that the detention centres were not organized nor were
individuals held theré!for the purpose of cornrnitting genocide.(Report
of the Secretary-Gleneral on the Activities of the International
Conference on the Former Yugoslavia, S125050,6 January 1993, pp.
14,15, Annex. No 341, pp. 2104-2106)
4.4.1.9. In para.5.3.5.7. of the Memorial (p.225) it is said:
"ln cases of civil responsibility, the rule generally followed by
civilizedstates is that an actor is presurned to intend the natural
consequences of his or her acts. Thus the culpable intent of a state
charged with genocide under Article IX of the Convention would
appear to be dernonstrable by evidence of a pattern of acts the
natural and actual colnsequence of which is 'the destruction in whole
or in part of a natioiial, ethnical, racial or religious group, assuch.'
Such 'constructive intent' is presurned and need not be proven by the
plaintiff. Rather, it rnust be disproved by the party whose acts, or
patterns of acts, have been dernonstrated. The actor will be
presurned to have iiitended the natural consequence: that is,the
destruction, in whole or in part, of a national group, until the
presurnption is rebutted by the balance of evidence to the contrary."
The Applicant intirnates this thesis in para. 1.3.0.3. of the
Mernorial (p.6) and further develops it in section 5.3.5. of the
Mernorial. The Applicant's thesis is unacceptable, because it is not
based on the 1948 Convention on the Prevention and Punishrnent of
the Crime of Genocide. The Convention does not envisage a state as
the perpetrator of genocide. A state is responsible according to the
1948 Genocide Conivention when a breach of an international
obligation, sternrning frorn the 1948 Genocide Convention rnay be
attributed to it. Such attribution is carried out in conformity with the
general rules on the responsibility of the state for international
wrongful acts. In order to determine the violation of an international
obligation of a state it is necessary previously to establish that a
crime of genocide has been cornrnitted. In order to establish that a
crime of genocide ha.s been cornrnitted, the side clairning that rnust
prove the existence of intent. That was the will of the states which
concluded the 1948 Convention on the Prevention and Punishment of
the Crime of Genocide. Consequently, the existence of intent cannot
be presurned, nor can the burden of proving that there was no
genocidal intent be shifted to the defendant.
4.4.1.10. In tlie cases rnentioned by the Applicant there
existed no intent of the perpetrator to destroy any group in whole or
in part. 4.5. Object of the Crime of Genocide: lndividuals and the
Group
4.5.1l. The provision of Article II of the Convention on the
Prevention and Punishment of the Crime of Genocide determines the
object of prohibited acts as well as the object of genocidal intent.
The object of prohibited acts are members of a group.
4.5.1.2. Genocide can be said to exist when members of a
group are subjected to genocidal acts. It is not sufficient for only one
member of the group to be subjected to a genocidal act. Article II of
the 1948 Convention on the Prevention and Punishment of the Crime
of Genocide uses the plural "members of the group".
4.5.1.3. Genocidal intent should be directed at the destruction
of the group "in whole or in part". Genocide also exists if the
genocidal intent is aimed at destroying part of a group. ln respect to
that, there is no dispute between the parties. The Applicant is correct
in stating:
"Thus by language of the Convention the actor need not
believe, for instance, that his or her acts would destroy al1 Muslims
or even al1 Bosnian Muslims. For example, if the conditions are
inflicted on theMuslim section of a small town, this would be enough
to satisfy the definition of genocide under this section of the
Convention." ...
A group can be a national, ethnic, racial or religious one.
4.6. Punishable Acts
4.6.1.1. Punishable acts are defined in Article III of the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide, as follows:
"The following acts shall be punishable:
(a) genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(c) Complicity in genocide."
4.6.1.2. Conspiracy means the agreement of two or more
persons to commit genocide. 4.6.1.3. "Inciternent is public in forrn when made in public
speeches or in the Ipress, through the radio, the cinerna or other
ways of reaching the public." (Ad hoc Cornmittee on Genocide,
comrnentary on articles adopted by the Comrnittee. (continuation),
EIAC. 25NV. 1lAdd.1, 27 April 1948, Annex No 342, pp. 2109.
4.6.1.4. Cornplicity includes the extension of aid and the
provision of rneans for the commission of genocide. It involves
prerneditation as a rule.
"Mr. Fitzrnaurice (United Kingdorn) withdrew the part of his
arnendrnent concerning the addition of the word 'deliberate' since it
was understood that, to be punishable, complicity in genocide must
be deliberate." (Official Records of the Third Session of the General
Assernbly, Part 1, Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 December 1948, p. 259,
Annex No 343, p. 2114)
4.7. Acts Preparatory to Genocide Do Not Fall Within
Punishable Acts
4.7.1.1. Preparatory acts taken for the purpose of comrnitting
genocide do not fall within punishable acts. The proposa1 of Mr.
Morozov along those Ilines, although supported by the representatives
of several States, was not accepted by the Sixth Cornrnittee.
"The delegation of the Soviet Union considered that
preparatory acts shoulld be punished when they were such as to
constitute a direct preparation of the crime." (Official Records of the
Third Session of the General Assembly, Part 1, Legal Questions,
Sixth Committee, Suminary Records of Meetings 21 Septernber - 10
Decernber 1948, p. 234, Annex No 344, pp. 2116)
The Comrnittee decided, by 29 votes to 11, with 5
abstentions, not to inc;lude in the convention provisions concerning
the punishment of acts preparatory to genocide. (Official Records of
the Third Session of the General Assernbly, Part 1, Legal Questions,
Sixth Comrnittee, Sumrnary Records of Meetings 21 September - 10
Decernber 1948, p. 2441,Annex No 345, p. 2118) 4.8. Forced Displacement, i.e. "Ethnic Cleansing" Is Not
Genocide
4.8.1.1. In para. 5.3.4.6. of the Memorial (p. 220) it is said:
"Mr. 6artoS put it succinctly: 'Genocide could be committed by forcing
members of a group to abandon their homes.'... Such efforts
inevitably were then, and now, accomplished by violence and terror in
which only some part of a group is killed, maimed, tortured or raped
in order to have the intended effect on the group as a whole." It
seems that the Applicant regards as genocide the forcing of members
of a group to leave their homes when accompanied by the said acts
committed with a view to having the effect of forcing members of a
group to leave their homes. (para. 2.1.0.9. of the Memorial (p.14),
section 2.2.5. of the Memorial (pp.48-54).
4.8.1.2. This is unacceptable. Such acts are certainly not
allowed and are grave breaches of humanitarian law, but they do not
constitute genocide.
4.8.1.3. In several places the Applicant itself notes that these
acts have been committed with the intent of expelling the population
away from a given territory. Such intent is not legitimate or legal, but
it is not an element of the definition of genocide. Only the intent to
destroy a group invests the acts with a genocidal character.
4.8.1.4. The displacement of members of a group by force is
not included in the acts prohibited under the Genocide Convention.
The Sixth Committee rejected the Syrian amendment to that effect.
"Mr. Tarazi (Syria) noted that the four subparagraphs of Ad
Hoc Committee's draft did not cover the provision proposed by his
delegation.
The problem of refugees and displaced persons to which his
delegation's proposal referred had arisen at the end of the Second
World War and remained extremely acute. In his delegation's view,
any measures directed towards forcing members of a group to leave
their homes should be regarded as constituting genocide. That crime
was far more serious than ill-treatment. (Official Records of the Third
Session of the General Assembly, Part 1, Legal Questions, Sixth
Committee, Summary Records of Meetings 21 September - 10
December 1948, p. 184, Annex No 346, 2120)
The Syrian amendment was rejected by 29 votes to 5, with 8
abstentions. (Official Records of the Third Session of the General
Assembly, Part 1, Legal Questions, Sixth Committee, SummatyRecords of Meetings 21 Septernber - 10 Decernber 1948, p. 186,
Annex No 347, p. 21122)
4.9. Acts not Directed Exclusively against Mernbers of a
Group do not Constitute Genocide
4.9.1.1. In para. 2.2.0.1. of the Mernorial (p.17) the Applicant
says:
"Part 5 of the Memorial deals with the interpretation,
application and effec't of the Genocide Convention 1948 ...
in regard
to acts of the Serb forces. Hereinbelow, exarnples of the following
categories of acts cornrnitted by Serb forces, rnainly but not
exclusively directed against the Muslirn population of Bosnia
Herzegovina are referred to:
Section 2.2.1 The Use of Concentration Camps
Section 2.2.2. Killing (..-)(bold type is ours)
4.9.1.2. The Applicant repeats this position in several places
in the Mernorial. For exarnple, in para. 2.2.1.1. of the Mernorial (p.17)
where itis said says:
"At least 170 of such camps were identified in which tens of
thousands of Bosnians, rnainly Muslirns, were irnprisoned".
4.9.1.3. Acts directed at a group cornposed of rnernbers of a
nurnber of different protected groups do not constitute acts of
genocide. An act of genocide rnust be directed exclusively at the
rnernbers of the protected group the destruction of which is desired.
4.9.1.4. Acts cornrnitted against a group cornposed of
mernbers of a nurnber of protected groups do not constitute genocide
if the perpetrator of the act cannot direct its effects against the
rnernbers of one group only. Thus, the bombing of settlernents
inhabited by members of different ethnic and religious groups or the
holding of such settlernents under siege do not constitute genocide.
4.9.1.5. Acts o'f genocide cannot be directed against a state.
In the Mernorial the Applicant evidently abandons the concept used in
the Application accortjing to which a state can be the object of
genocide. Nevertheless, this idea has rernained in para.1.3.0.9. of the
Mernorial (p.9) which says:" ...Bosnia and Herzegovina subrnits that it
has been the victirn of genocide...". This is, of course, unacceptable.Also a non-existent ethnic or religious group, such as the Bosnian
people, cannot be the object of genocide.
4.9.1.6. In para. 1.1.0.3. of the Memorial, the Applicant says:
"lt warned of 'the destruction of the Bosnian people' and
asserted that the 'People and State of Bosnia and Herzegovina have
suffered and are now suffering from the effects imposed upon them
by Yugoslavia ...'. This remains the heart and sou1 of the case as
presented to this Court by the Applicant."
4.9.1.7. "The Bosnian people" in terms of the object protected
by the 1948 Convention on the Prevention and Punishment of the
Crime of Genocide does not exist. The Applicant himself admits this
fact in para. 2.1.0.3. of the Memorial (p.11) since when presenting
data from the 1991 population census, and later in the Memorial, the
Applicant never refers to a Bosnian people.
4.10. According to the 1948 Genocide Convention a State
Cannot Commit Genocide and other Punishable Acts
4.10.1.l. In para. 5.1.2.5. of the Memorial (p.195) the
Applicant says: "The Republic of Bosnia and Herzegovina alleges that
the Federal Republic of Yugoslavia ...has committed genocide ...has
incited to, and has assisted the committing of genocide...". In para.
5.2.1.2. of the Memorial (p.196) the Applicants: "Bosnia and
Herzegovina will demonstrate that al1 of these acts occurring in its
territoy... have been committed, are still being committed ...by the
Federal Republic of Yugoslavia." Also, in para. 5.2.2.4. of the
Memorial (p.200) the Applicant repeats its assertion: "a State may be
guilty of genocide if it... commit genocide as defined in Article II, or
any of the concomitant acts, such as incitement, enumerated in
Article III." The Applicant repeats such assertions in para. 5.2.2.5. of
the Memorial (p.201) as well as in para. 5.2.3.4. of the Memorial
(p.206). These assertions of the Applicant are not based on the
provisions of the 1948 Genocide Convention.
4.10.1.2. Article IV of the 1948 Convention on the Prevention
and Punishment of the Crime of Genocide envisages that only
physical persons are subject to punishment for the commission of
genocide or another punishable act enumerated in Article III.
4.10.1.3. This understanding was confirmed by the Vice-
President of the Court Shigeru Oda when he said: "ln spite of certain
practical difficulties, it may be of great importance that genocide isnow considered a crime by individuals under international law and
that its suppression is being seriously considered by the United
Nations". (Shigeru Otla, The Individual in lnternational Law, Manual of
Public lnternational Law, edited by Max Sorensen, London,
Melbourne, Toronto, '1968,p. 517, Annex No 348, p. 2124)
4.10.1.4. The question of the participation of the state or a
state official in the act of genocide was discussed in the Ad Hoc
Cornrnittee on Genocide. The representative of the USA, Mr. MaMos
held the view that there was no international crime of genocide
without the participation of the state, i.e. state officia1 in the
commission of that act. According to hirn, "Genocide would be
defined as the extermination or atternpted extermination of racial,
national or religious groups of the population, cornrnitted with the
cornplicity of responsible State officials." (Ad Hoc Cornrnittee on
Genocide, Surnrnary Record of the Fourth Meeting, EIAC. 251SR.4, p.
8, 15 April 1948, Anniex No 349, p. 2127) The Ad hoc Cornrnittee did
not accept this view.
4.10.1.5. Duriiig the review of Article IV of the Convention
(Article V of the Drait) in the Sixth Comrnittee, the representative of
the United Kingdorn of Great Britain and Northern lreland proposed
that the state be included in this provision, but the Sixth Cornmittee
rejected the proposal.
4.10.1.6. Mr. Fzitzrnaurice(United Kingdorn) said... "if the head
of State of a constitutional monarchy were not responsible, it was
appropriate that his acts, if they constituted an act of genocide,
should give rise to reparation. For that reason, the acts of the
rnonarch, being acts of the State or the Government since he could
act only on the atilvice of his rninisters, the United Kingdorn
delegation had proposed that a clause should be added to article V
stipulating that acts of genocide cornrnitted by or on behalf of States
or Governrnents would constitute a breach of the convention.
(AIC.61236)." (Official Records of the Third Session of the General
Assernbly, Part 1, 1-egal Questions, Sixth Cornrnittee, Surnmary
Records of Meetings 21 Septernber - 10 Decernber 1948, pp. 314,
315, Annex No 350, p. 2129-2130) ..."In those circurnstances, the
only provision that could be made was to arraign Governments guilty
of genocide before the only existing international court: the
lnternational Court of Justice, which would not pronounce sentence,
but would order the cessation of the irnputed acts, and the payrnent
of reparation to the viiztirns." (Official Records of the Third Session of
the General Assernbly, Part 1, Legal Questions, Sixth Committee,
Surnrnary Records of Meetings 21 September - 10 Decernber 1948,
p. 342, Annex No 351, p. 2132) "Mr. Fitzrnaurice explained that his
delegation had proposed that arnendrnent in order that the conventionmight contain a direct reference to the type of genocide which was
most likely to occur, i.e. genocide committed by a State or a
Government.
(..........)...
"Those provisions should be read in conjunction with the
United Kingdom amendment to Article VI be stating that the case
would be submitted to the International Court of Justice, which would
order the cessation of acts of genocide, and the payment of
reparation to the victims." (Official Records of the Third Session of
the General Assembly, Part 1, Legal Questions, Sixth Committee,
Summary Records of Meetings 21 September - 10 December 1948,
p. 344, Annex No 352, p. 2134)
The United Kingdom amendment was rejected by 24 votes to
22. (Officiai Records of the Third Session of the General Assembly,
Part 1, Legal Questions, Sixth Committee, Summary Records of
Meetings 21 September - 10 December 1948, p. 355, ~nnex No 353,
p. 2136)
4.10.1.7. The United Kingdom delegate raised the issue of the
responsibility of the state also in the discussions on punishable acts.
He proposed that in Article II the said acts be qualified as punishable
and wrongful, pointing out that the word "punishable" referred to
physical persons and the word "wrongful" to the state. The Soviet
representative objected, maintaining that the concept of "punishable"
presupposed and included the concept of "wrongful". This is,
naturally, correct when responsibility of the individual is in question,
but it is not true of the state. The British representative did not insist
and the Sixth Committee retained the word "punishable". (Official
Records of the Third Session of the General Assembly, Part 1, Legal
Questions, Sixth Committee, Summary Records of Meetings 21
September - 10 December 1948, pp. 207, 208, 209, Annex No 354,
p. 2138-2140)
4.10.1.8. The representative of the United Kingdom abstained
from voting on the adoption of the Draft Convention in the Sixth
Committee. Mr. Fitzmaurice "stated that he had abstained from voting
in order to indicate the United Kingdom Government's reservation at
that time in regard to the draft convention.
(........)..
"Those amendments had al1 been made for the purpose of
stressing the main issue involved, namely the responsibility of States
for acts of genocide committed or tolerated by .them. The United
Kingdom Government had always felt that the question had been
approached from the wrong angle. The convention dealt almost
entirely with the responsibility of individuals and the prevention and
punishment of acts of genocide committed by individuals; whereas theonly serious cases of genocide likely to occur would be committed by
Governments themselves or with the active complicity or deliberate
tolerance of Governnients. There were virtually no provisions in the
convention to deal with such cases of genocide; indeed it was
implied therein that Governments would not themselves commit acts
of genocide." (Officia! Records of the Third Session of the General
Assembly, Part 1, 1-egal Questions, Sixth Committee, Summary
Records of Meetings 21 September - 10 December 1948, pp.
701-702, Annex No 3!55,pp. 2142,2143)
4.10.1.9. In view of the above, it can be concluded that the
position of the Ad Hoc Committee on Genocide as well as the Sixth
Committee was that a state could not commit the crime of genocide
or other punishable act specified in Article III. This issue was not
raised during the final adoption of the Convention by the UN General
Assembly so it follows that the mentioned stance was not changed
on that occasion.
4.10.1.10. The Presented interpretation of the 1948 Genocide
Convention is supported by the analysis of Article IV of the
Convention contained in an article-by-article analysis of the United
Nations Convention on the Prevention and Punishment of the Crime
of Genocide, submitted to the Committee on Foreign Relations of
United States Senate:
"... This provnsion rnakes clear each Contracting Party's
obligation to punish persons guilty of committing genocide, whether
they be constitutionally responsible rulers, public officers, or private
individuals..
(..........)
"Questions regarding Article IV have generally focused on its
exclusion of governm'ents from those parties that might be held
responsible for genocide, an exclusion apparently based on practical,
rather than legal considerations... While the Convention does not
establish international jurisdiction over States committing genocidal
acts, it appears incidentally to recognize State involvement by
providing that Parties may cal1 upon the United Nations to take
appropriate action und~erthe United Nations Charter to prevent and
suppress genocide as defined by the Convention (Art. VIII) and
allowing the Parties to refer to the International Court of Justice
disputes concerning the interpretation, application or fulfilment of the
Convention, including those relating to State responsibility (Art. IX)."
(The Genocide Convention, Hearing before the Committee on Foreign
Relations United States Senate, Washington, 1982, pp. 24-25. Annex
NO356, pp. 2145-2146) 4.10.1.11. Corroborating such a position is the fact that the
international responsibility of a State is established as objective
responsibility. The concept of the crime of genocide includes the
subjective element: intent. To establish that the State has committed
an act of genocide it would be necessary to establish the existence
of appropriate intent which is contrary to the concept of objective
responsibility of the State.
4.11. The Responsibility of the State for Breaches of
Obligations Stemming from the 1948 Convention on the
Prevention and Punishrnent of the Crime of Genocide
4.11.1.1. The responsibility of a State commonly means the
act of breaching an international obligation, the attribution of that act
to a State and the obligation to cease violating the international
obligation and eliminate the consequences of the violation.
4.11.1.2. The 1948 Convention on the Prevention and
Punishment of the Crime of Genocide establishes several international
obligations for the Contracting Parties. Pursuant to Article I of the
Convention, the Contracting Parties are obliged to prevent and punish
the crime of genocide. Under Article V of the Convention the
Contracting Parties have undertaken to pass the necessary legislation
to give effect to the provisions of the Convention and, in particular, to
provide for effective punishment of persons guilty of genocide or any
other act enumerated in Article III. Pursuant to Article VI of the
Convention the State in the territory of which the act was committed
is obliged to try persons charged with genocide.
4.11.1.3. In para. 5.1.2.5. of the Memorial (p.195) the
Applicant says "...the Republic of Bosnia and Herzegovina alleges
that the Federal Republic of Yugoslavia ... with complicity, has failed
to prevent, ...and has failed to punish persons who have committed,
or aided the committing of, these prohibited acts." In para. 5.2.1.2. of
the Memorial (p.196) the Applicant repeats: "Bosnia and Herzegovina
will demonstrate that al1 of these acts occurring in its territory ...
ought to have been prevented, stopped and punished by the
Federal Republic of Yugoslavia ..." (bold type is ours). Likewise, in
para. 5.2.2.4. of the Memorial (p.200) the Applicant says: "Second, a
State may be guilty of a breach of a most solemn legal obligation
under the Convention's Articles 1, IV, V and V if it fails to employ the
organs and instruments of its domestic jurisdiction to prohibit and
prevent persons from committing acts of genocide. =, a wrong is
committed when a State, in violation of its duty under Articles and VI,
fails to bring to trial and punish persons who have committed any ofthe prohibited acts ..."The Applicant also says the same in para.
5.2.2.5. of the Memorial (p. 201) where it States "...the Republic of
Bosnia and Herzegovunacharges the Federal Republic of Yugoslavia
..with grave failure - ...to secure the 'application or fulfilment of the
present Convention.' ...they failed to prevent, prosecute and punish, in
accordance with Articles IV to VI, the perpetrators of the wrongs
enumerated in the Convention." These assertions of the Applicant
are founded neither on facts nor on the rules of the Convention.
4.11.1.4. Concerning State responsibility according to the 1948
Genocide Convention, Hudson expressed the following opinion:
"The Genocide Convention, brought into force on October 14,
1950, with effect from January 12, 1951,provides in Article IX:
'Disputes between the Contracting Parties relating to the
interpretation, application or fulfilment of the present Convention,
including those relating to the responsibility of a State for genocide or
any of the other acts enumerated in Article III, shall be submitted to
the lnternational Court of Justice at the request of any of the parties
to the dispute.'
"lnsofar as this article provides for the settlement of disputes
relating to the interpretation, application or fulfilment (in French
execution) of the Convention, it is a stock provision not substantially
unlike that found in many multipartite instruments.
"The article go~rsfurther, however, in 'including' among such
disputes 'those relating to the responsibility of a State for genocide or
any of the other acts enumerated in Article III'. As no other provision
in the Convention deals expressly with state responsibility, it is
difficult to see how a dispute concerning such responsibility can be
included among disputes relating to the interpretation or application or
fulfilment of the Convention. In view of the undertaking of the parties
in Article to prevent genocide, it is conceivable that a dispute as to
state responsibility may be a dispute as to fulfilment of the
Convention. Yet read as a whole, the Convention refers to the
punishment of individuals only; the punishment of a state is not
adumbrated in any way, and it is excluded from Article V by which
the parties undertakes to enact punitive legislation. Hence the
'responsibility of a State' referred to in Article IX is not criminal
liability.
(.........)
"lnstead it is lirnited to the civil responsibility of a state, and
such responsibility is governed, not by any provisions of the
Convention, but by general international law." (Hudson, The Twenty-
Ninth Year of the World Court, 45 American Journal for lnternational
Law, 1951, 1, pp. 33,34, quoted by Marjorie M. Whiteman, Digest of
lnternational Law, Washington, 1968, vol. 11, p. 857, Annex No 357,
p. 2148) 4.12. Territorial Applicability of Obligations Created by the
1948 Genocide Convention
4.12.1.l. It is a general rule that a treaty is binding on the
contracting State in respect of its territory.
According to Article 29 of the Vienna Convention on the Law
of Treaties "unless a different intention appears from the treaty or is
otherwise established, a treaty is binding upon each party in respect
of itsentire territory."
4.12.1.2. The intention of the Contracting Parties in respect of
the territorial application of the provisions of the 1948 Genocide
Convention was clearly manifested in the Sixth Committee when it
rejected the principle of universal punishment and accepted the
principle of territorial punishment.
4.12.1.3.During the course of the public hearings, held on the
1948 Genocide Convention before the Subcommittee of the
Committee on Foreign Relations of the United States Senate 1950,
Dean Rusk, then Deputy Under Secretary of State, stated, inter alia:
"1 should like to state here in general that the convention
does two things: It defines the crime of genocide, and it obligates
States to take measures to prevent and punish genocide within their
respective territories..
"The purpose of the Convention is, however, to provide for the
prevention and punishment of the crime of genocide. The convention
does not purport to substitute international responsibility for state
responsibility, butdoes obligate each state to take steps within its
own borders to protect entire human groups in their right to live."
(United States Senate, Committee on Foreign Relations, Hearings
before the Subcommittee on the International Convention on the
Prevention and Punishment of the Crime of Genocide, 1950,
Washington, 1950, pp. 12, 13, Annex No 358, p. 2151)
4.12.1.4. Itdoes not mean that a State is allowed to commit
genocide outside its territory. But, it does not mean, either, that aState is empowered to take action in the territory of another State to
prevent genocide. According to Article Vlll of the Convention this right
is reserved exclusii~ely for the competent organs of the United
Nations.
4.13. The Obligation of the State to Prevent Genocide
4.13.1.1. Eachy contracting State shall prevent the commission
of acts of genocide on its territory. The contents of this obligation are
not presented in detail in the Convention. Only Article V of the
Convention envisages that the contracting Parties shall enact
legislation for the purpose of giving effect to the provisions of the
Convention and shall, in particular, provide for effective punishment
persons guilty of geriocide or any of the acts enumerated in Article
III. In addition, States shall take al1 other measures they deem
necessary and sufficient to prevent genocide.
4.13.1.2. The measures it has taken notwithstanding, if a
crime of genocide is committed in the territory of a State, that State
is in breach of its iriternational obligation. It was obliged to prevent
the commission of genocide in its territory and failed to do so.
4.13.1.3. Since a contracting State is obliged to prevent the
commission of acts of genocide in its territory, it is clear that the
organs of that State are obliged not to commit acts of genocide
anywhere.
4.13.1.4. No act of genocide or any other act prohibited by
Article III of the Convention has been committed in the territory of the
Federal Republic of Yugoslavia nor have Yugoslav organs committed
acts of genocide or other acts prohibited by Article III of the
Convention anywhere.
4.13.1.5. In para. 1.3.0.8. of the Memorial (p.8) and
elsewhere, the Appli~~antsthat prohibited acts have been committed
"in areas under the de facto jurisdiction, control or exclusive influence
of the federal authoritiies". In Chapter II of the Counter-Mernorial it is
shown that this assertsionof the Applicant is not founded on facts. 4.14. The Obligation of the State to Enact the Necessary
Legislation
4.14.1.1. Under Article V of the 1948 Convention, the
Contracting Parties have undertaken to enact, in conformity with their
Constitutions, the necessary legislation for the purpose of
implementing the provisions of the Convention, and in particular, so
as to provide for effective punishment of perçons guilty of genocide
or any other act enumerated in Article III. This legislation should be
designed to prevent the commission of the crime of genocide.
4.14.1.2. This implies, inter alia, the incrimination by interna1
law of punishable acts and the provision of effective punishment of
the perpetrators, as well as the establishment of the jurisdiction of
tribunals of the State to try punishable acts committed in the territory
of that State. The precise definition of the contents of this obligation,
beyond the above has been left to each contracting State.
4.14.1.3. The Applicant admits that Yugoslavia has passed the
appropriate legislation and does not state that Yugoslavia has violated
this obligation.
4.15. The Obligation of the State to Punish the
Perpetrators of Punishable Acts
4.15.1 .l. This obligation is specified in Article VI of the
Convention, which reads:
"Persons charged with genocide or with any of the other acts
enumerated in Article III shall be tried by a competent tribunal of the
State in the territory of which the act was committed, or by such
international penal tribunal as may have jurisdiction with respect to
those Contracting Parties which shall have accepted its jurisdiction."
4.15.1.2. The obligation of punishment is quite clearly defined
in respect of territorial applicability. The State on the territory of which
a punishable act has been committed is obliged to punish the
perpetrators. 4.15.1.3. The Sixth Committee did not accept the principle of
universal punishment. The Convention does not, thus, establish the
obligation of universal punishment of perpetrators of genocide.
"Mr. Abdoh (Iran) said his delegation's amendment was
intended to remedy a deficiency in the system of punishment of
genocide. ...
"lt would therefore be of great value if the principle of
subsidiary universal punishment were embodied in the draft
convention, particularly for cases where the offender took refuge in a
country other than in which he had committed the offence and where
his extradition was not requested, or where extradition was impossible
for reasons of force majeure, or, finally, where the offender did not
belong to the category of criminal leaders whose offences were
serious enough to ju:stify the intervention of an international court of
law." (Official Records of the Third Session of the General Assembly,
Part 1, Legal Questions, Sixth Committee, Summary Records of
Meetings 21 September - 10 December 1948, pp. 394, 395, Annex
NO359, pp. 2153-2154)
The lranian ainendment was rejected by 29 votes to 6, with
10 abstentions. (Official Records of the Third Session of the General
Assembly, Part 1, 1-egal Questions, Sixth Committee, Summary
Records of Meetings 21 September - 10 December 1948, p. 406,
Annex No 360, p. 2156)
4.15.1.4. In para. 5.2.3.3. of the Memorial (p. 205) the
Applicant refers to ci provision of the Penal Code of Yugoslavia
according to which it is possible to apply the provisions of this Code
to a Yugoslav national also when he commits a criminal offence
abroad. This provision is irrelevant to the subject of the dispute. The
subject of the dispute at hand are not Yugoslavia's interna1
regulations but the prlovisions of the Genocide Convention. What the
Court can control is whether the State has fulfilled its obligations
established under the Genocide Convention.
4.15.1.5. Since! no alleged act of genocide or any other act
prohibited by Article II of the Genocide Convention has been
committed in the terri1:oryof the Federal Republic of Yugoslavia this
State is not obliged, in conformity with Article VI of the Genocide
Convention, to try the perpetrators. However, proceedings have been
instituted in the Federal Republic of Yugoslavia against perçons who
committed criminal acts in the territory of the former Yugoslav
Republic of Bosnia and Herzegovina, when so warranted by legal and
factual reasons. 4.15.1.6. In section 2.3.8. of the Memorial (pp.85-94) the
Applicant expounds, under the title "Yugoslavia's... public
confirmation of its involvement" that the Federal Republic of
Yugoslavia had extended some aid to the Serbs in the territory of
Bosnia and Herzegovina and proves that by the statements of some
state organs. The Applicant charges the Federal Republic of
Yugoslavia with also having extended aid in arms. Even if that were
true, by such conduct the Federal Republic of Yugoslavia would not
have violated a single obligation under the Genocide Convention. This
Convention does not regulate the question of the extension of aid
including that in arms to the parties to a conflict. The assistance
rendered by the FR of Yugoslavia to the Serbs in the territory of the
former Yugoslav Republic of Bosnia and Herzegovina was not
extended with the intention of anyone committing acts of genocide or
other acts prohibited under the Convention.
4.15.1.7. In para. 5.2.3.4. of the Memorial (p.206) the
Applicant sums up his statement with regard to obligations stemming
from the 1948 Genocide Convention as follows:
"The Convention may thus be seen to impose
obligations on a State:
1) not to engage in genocide or the corollary acts described
in Articles II and III of the Convention;
2) not to fail through negligence, lack of diligence, or
sympathy with perpetrators of the prohibited acts, to do al1within the
State's power to prevent the commission of genocide by anyone
acting under the authority, or within the de jure or de facto
jurisdiction, of the State, or subject to the State's influence or control,
direct or indirect; and
3) not to fail through negligence, lack of diligence, or
sympathy with perpetrators of the prohibited acts, to bring them to
justice and, thereby,deter further acts of genocide or related crimes."
4.15.1.8. The correct interpretation of the provisions of the
Genocide Convention cannot be the basis for the mentioned
formulations of obligations. Motives and intentions are of relevance
only for defining genocide and not obligations established by the
Genocide Convention. The formulationsof obligations include rules on
the attribution of acts to the State which are not contained in the
Genocide Convention and which substantially depart from the general
rules on the attribution of acts to a State. In view of the above, it
can be noted that the Applicant's conclusion set forth in the same
paragraph, i.e. para .5.2.3.4. of the Memorial (p.206), is not valid. 4.16. Conclusions
4.16.1.1. What can be disputable arnong the parties and on
which the Court caii decide are only the rules of the Genocide
Convention. All other possible rules related to genocide are
outside the jurisdiction of the Court ratione rnateriae.
4.16.1.2. The acts specified by the Genocide Convention
as acts of genocide and other prohibited acts have been
exhaustively enumerated.
4.16.1.3. There can be no genocide without the intent of
destroying a protected group in whole or in part. Genocide cannot
be proved to have been cornrnitted if the existence of genocidal
intent has not been proved. The existence of intent cannot be
presurned but rnust be proved. The burden of proof lies with the
party purporting that clairns that a crime of genocide has been
cornrnitted.
4.16.1.4. According to the Genocide Convention, "ethnic
cleansing" is not a crime of genocide. It can be qualified as a
grave breach of the Geneva Convention of 1949, violation of the
law or custorns of wrir or crime against hurnanity.
4.16.1.5. The object of the crime of genocide are rnembers
of a national, ethnic, racial or religious group. An act which is not
exclusively targeted against members of one of these groups
cannot be qualified a!; a crime of genocide.
4.16.1.6. No act referred to by the Applicant in the
Mernorial or other pleadings constitutes a crime of genocide, not
having been specified for under Article II of the Genocide
Convention, i.e. not tiaving been cornmitted with genocidal intent,
i.e. not having been targeted exclusively against the rnembers of
one protected group.
4.16.1.8. No act referred to by the Applicant in the
Mernorial or other written subrnissions can be qualified as:
conspiracy to cornrniit genocide; direct and public incitement to
commit genocide; a13empt to commit genocide; complicity in
genocide.
4.16.1.9. There is no breach of any other obligation binding
upon the FR of Yiugoslavia on the basis of the Genocide
Convention. CHAPTER V
ATTRIBUTION OF ACTS TO THE STATE
5.1. Introduction
5.1.1.1. The responsibility of a State cannot be established
without ascertaining that an act has been committed in breach of an
international obligatiori and without attributing that act to a State.
Hence the rules on the attribution of acts to a State fall within the
set of the most important questions in connection with this Case.
5.1.1.2. The only applicable rules in this instance are the
general customary rules on the attribution of acts to a State in the
field of the responsibility of a State for internationalawful acts, as
they have been deveioped in the practice of States and confirmed in
the practice of the International Court of Justice and arbitration
tribunals.
5.1.1.3. The Applicant's allegations concerning the attribution
of acts to a State are unacceptable as they are not based on the
said rules. The Applicant confuses these rules with the rules from
Article III of the Genc~cideConvention.
5.1.1.4. The Applicant takes pains to befog this issue. Thus it
comes up with the general notion of "Serb forces" and subsumes
under that the arnied forces of the Republic of Srpska, the
paramilitary units, the Yugoslav People's Army and the Army of
Yugoslavia, which is totally unacceptable in respect of the attribution
of acts to a State.. It introduces some terms unknown in legal
practice and theory such as "surrogates".
5.1.1.5. In para. 6.4.0.2. of the Memorial (p. 269) the
Applicant says: "ln a situation of international armed conflict,
inextricable as is the situation prevailing in the former Yugoslavia, it
is not always easy to determine precisely who are wrongdoers and to
make a clear distiriction between the internationally wrongful acts
committed directly by Yugoslavia ... its organs, its agents and itssurrogates on the one hand, and those committed by 'organizations
and persons (...) subject to its control, direction or influence'."
Unusual indeed. We wonder whether the Applicant can make a clear
distinction between the lnternational Cour?of Justice and the General
Assembly of the UN, i.e. the methods of establishing facts in these
two principal organs of the UN.
5.1.1.6. In para. 6.1.0.5. of the Memorial (p. 244) the
Applicant notes: "lt is... not enough that there exists a breach of an
international obligation as, indeed, violation of the Genocide
Convention is. It is also necessary that this breach be 'attributable'
(imputable) to a State." We agree with this view of the Applicant.
5.2. ~ttribution of the Acts of State Organs
5.2.1.l. Acts of a State are understood to mean, primarily,
acts of State organs.
5.2.1.2. Members of Parliament are not considered a State
organ. Acts of Parliament, as a State organ, are attributable to the
State, but acts of members of Parliament are not.
5.2.1.3. If a State organ has been placed at the disposa1 of
another State and if itacts under the instructions of that other State
its acts are attributable to that other State.
5.2.1.4. The Commission on lnternational Law says the
following:
"If they are organs which, though belonging to a particular
State (or international organization), have in fact been placed at the
disposal of another State, and have genuinely been placed on the
authority and orders of that State to be used for some time, then the
acts or omissions which they may commit are attributable only to that
other State. This principle can, of course, be applied in different
ways. It may happen that the organ of one State is placed
temporarily at the exclusive disposal of another State and ceases, in
that case, to perform any activity on behalf of the State to which it
belongs. On the other hand, it may be that if another State is given
an opportunity to use the service of such an organ, its demands may
not be so exacting as to prevent the organ from continuing to act
simultaneously, though independently, as an organ of its own State.
In such cases it will be necessary to ascertain in each particular
instance on whose behalf and by whose authority a specific act or
omission has been committed.(...........)
"ln any case, the basic conclusion is still the same: the acts
or omissions of organs placed at the disposal of a State by other
subjects of international law are attributable to that State if in fact
these acts and omissions have been committed in the performance of
functions of that State and under its genuine and exclusive authority."
(YILC, 1971, vol. II, Part One, p. 268, Annex No 361, p. 2157)
5.2.1.5. If this rule is applicable to State organs then it is
certainly applicable also in the case when a number of individuals
who constituted a State organ, with a part of the equipment which
belonged to that State organ, remain at the disposal of another
authority and act under the orders of that other authority. Thus, if
after the withdrawal of the JNA units from the territory of the former
Yugoslav republic of IBosnia and Herzegovina, a number of men from
those units remained in that territory under the command of the new
authorities of the Republic of Srpska, authorities independent from the
Federal Republic of 'Yugoslavia, the acts of such individuals cannot
be attributable to the Federal Republic of Yugoslavia.
5.2.1.6. Not a single unit of the Army of Yugoslavia nor any
other State organ acted in the territory of the former Yugoslav
republic of Bosnia an~dHerzegovina at the time of the commission of
the alleged acts. But even if it did, the crucial question would be by
whose authority did the organ in question commit the specific act.
Without an answer to this question, the act of that organ could not
be attributed to the Federal Republic of Yugoslavia.
5.3. Attribution of the Acts of Persons Who Are Not State
Organs
5.3.1.l. In section 6.3 of the Memorial (p. 258) the Applicant
refers to: "the agents, surrogates and other persons acting on behalf
of Yugoslavia ..."
In para. 6.3.3.4 of the Memorial (p. 267) the Applicant says:
"lndeed, if the authcirities of the so-called 'Srpska Republika' cannot
claim Statehood ... they are but agents and surrogates of
Yugoslavia ...In the present case, the behaviour of the Government of
Yugoslavia ... shows that, from the very beginning, the authorities of
the so-called 'Srpsksi Republika' have been 'agents' of Yugoslavia ...'
for whose acts (this:) State itself (is) internationally responsible' ..."In
para. 6.3.3.5 of the Memorial (p. 267) the Applicant goes rnuch
further and says: "The so-called 'Srpska Republika' is but a 'group ofpersons' acting in fact on behalf of the State of Yugoslavia ..., and
this applies, of course, to al1 of its 'organs' and 'agents'."Obviously
the Applicant maintains that not only are the authorities of the
Republic of Srpska "agents and surrogates" of Yugoslavia but that so
are al1the inhabitants of this Republic. These are precisely the words
of the Applicant.
5.3.1.2. The Applicant deals with the same issue also in para.
1.3.0.5. of the Memorial (p. 7), in para. 2.3.4.6. of the Memorial (p.
70) and in para. 2.3.5.2. of the Memorial (p. 72). It is therefore
necessary to review the applicable legal rules.
5.3.1.3. Acts of persons who are not State organs can also
be considered acts of the State if they are committed under
instructions from the State. This was applied in the case of the
United States Diplomatic and Consular Staff in Tehran.
5.3.1.4. The International Court of Justice said:
"No suggestion has been made that the militants, when they
executed their attack on the Embassy, had any form of official status
as recognised "agents" or organs of the lranian State. Their conduct
in mounting the attack, overrunning the Embassy and seizing its
inmates as hostages cannot, therefore, be regarded as imputable to
that State on that basis. Their conduct mightbe considered as itself
directly imputable to the lranian State only if it were established that,
in fact, on the occasion in question the militants acted on behalf on
the State, having been charged by some cornpetent organ of the
lranian State to carry out a specific operation. The information
before the Court does not, however, suffice to establish with the
requisite certainty the existence at that time of such a link between
the militants and any cornpetent organ of the State." (I.C.J. Reports,
1980, p. 29, Annex No 362, p. 2160 (bold type is ours)
5.3.1.5. In the quoted section of its Judgment, the Court
stated the conditions under which the behaviour of individuals who
are not state organs can be imputable to the state: a)individuals
should act on behalf of the state in carrying out a specific act; b)
individuals should be charged by a competent organ of the state to
carry out a specific act. Their orders, or authority should be defined
specifically and precisely, i.e. concern a clearly specified act.
5.3.1.6. In this connection the Court further says:
"Previously, it is true, the religious leader of the country, the
Ayatollah Khomeini, had made several public declarations inveighing
against the United States as responsible for al1 the country's
problems. In so doing, it would appear, the Ayatollah Khomeini wasgiving utterance to thie general resentment felt by supporters of the
revolution at the admission of the former Shah to the United States.
The information before the Court also indicates that a spokesrnan for
the militants, in explaining their action aftewards, did expressly refer
to a message issuetl by the Ayatollah Khomeini, on 1 Novernber
1979. In that message the Ayatollah Khomeini had declared that it
was "up to the dear pupils, students and theological students to
expand with al1their rnight their attacks against the United States and
Israel, so they may force the United States to return the deposed
and crirninal Shah, and to condemn this great plot" (that is, a plot to
stir up dissension between the main streams of lslamic thought). In
the view of the Court, however, it would be going too far to interpret
such general declarations of the Ayatollah Khomeini to the people or
students of lran as arnounting to an authority frorn the State to
undertake the specific operation of invading and seizing the United
States Embassy. (I.C.J. Reports, 1980, pp. 29, 30., Annex No 363, p.
2162-2163)
5.3.1. 7 .e order of a State organ issued to an individual or
a group of persons viho are not a State organ must refer to a quite
specific act for that act, once comrnitted by that individual or group of
persons, to be attributable to the State.
5.3.1.8. The Iran-United States Claims Tribunal applied the
same rule, by invoking the quoted Judgment of the International Court
in the case of Alfred L.W. Short.
5.3.1.9. Mr. Short left Tehran on 8 February 1979. The
Claimant qualified his departure frorn Tehran as an unlawful expulsion
of an alien for which lran was responsible. Reviewing the question of
the attribution of acts to States, the Tribunalsaid:
"The Claimant relies on the acts committed by revolutionaries
and seeks to attribute responsibility for their acts to the governrnent
that was established following the success of the Revolution.
(........)
"The acts of supporters of a revolution cannot be attributed to
the governrnent following the success of the revolution just as the
government are not attributable to
acts of supporters of an existing
the government. This was clearly recalled by the International Court
of Justice in United States Diplomatic and Consular Staff in Tehran
(United States v. Iran, 1980 I.C.J. 3, 29, para. 58, Judgrnent of 24
May 1980). The Court found that the conduct of the militants when
they executed their attack on the U.S. Embassy and seized its
personnel as hostages 'might be considered as itself directly
imputable to the lraraianState only if it were established that, in fact,
on the occasion in question, the militants acted on behalf of theState, having been charged by some competent organ of the lranian
State to carry out a specific operation.'
"The Claimant's reliance on the declarations made by the
leader of the Revolution, Ayatollah Khomeini, and other spokesmen of
the revolutionary movement, also lack the essential ingredient as
being the cause for the Claimant's departure in circumstances
amounting to an expulsion. While these statements are of anti-foreign
and in particular anti-American sentiment, the Tribunal notes that
these pronouncements were of a general nature and did not specify
that Americans should be expelled en masse." (Award No.
312-11135-3, paras. 34, 35. pp. 13, 14, Annex No 364, p. 2165-2166)
5.3.1.10. For an act of genocide or some other act prohibited
under Article III of the Genocide Convention committed by an
individual who is not a State organ of the Federal Republic of
Yugoslavia to be attributable to this State, that individual should have
been charged or authorized by some competent organ of the Federal
Republic of Yugoslavia to commit that act.
5.3.1.11. Neither in the Memorial nor in other written
submissions did the Applicant refer to any such instruction, order or
authorization. Hence the acts of individuals which could possibly be
qualified as genocide or some other act prohibited under Article III of
the Genocide Convention cannot be attributedto the Federal Republic
of Yugoslavia.
5.3.1.12. The acts of individuals can also be considered acts
of a State from the moment the state endorses them, i.e. from the
moment a State itself considers them its acts.
5.3.1.13. In the same case, the United States Diplornatic and
Consular Staff in Tehran, the Court said in this connection:
"The policy thus announced by the Ayatollah Khomeini, of
maintaining the occupation of the Embassy and the detention of its
inmates as hostages for the purpose of exerting pressure on the
United States Government was complied with by other lranian
authorities and endorsed by them repeatedly in statements made in
various contexts. The result of that policy was fundamentally to
transform the legal nature of the situation created by the occupation
of the Embassy and the detention of its diplomatic and consular staff
as hostages. The approval given to these facts by the Ayatollah
Khomeini and other organs of the lranian State, and the decision to
perpetuate them, translated continuing occupation of the Embassy
and detention of the hostages into acts of that State. The militants,
authors of the invasion and jailers of the hostages, had now become
agents of the lranian State for whose acts the State itself wasinternationally responsible. On 6 May 1980, the Minister for Foreign
Affairs, Mr. Ghotbzadeh, is reported to have said in a television
interview that the occupation of the United States Embassy had been
"done by Our nation". Moreover, in the prevailing circumstances the
situation of the hostages was aggravated by the fact that their
detention by the milit:ants did not even offer the normal guarantees
which might have becanafforded by police and security forces subject
to the discipline and the control of official superiors. (I.C.J.Reports,
1980, p. 35, Annex Nlo365, p. 2168)
5.3.1.14. Suchiendorsement must be explicit and must refer to
specific acts.
5.3.1.15. Following is what the Court understood to be
endorsement by the State:
"ln any event expressions of approval of the take-over of the
Embassy, and indeed also of the Consulates at Tabriz and Shiraz, by
militants came immediately from numerous lranian authorities,
including religious, judicial, executive, police and broadcasting
authorities.Above all, the Ayatollah Khomeini himself made crystal
clear the endorsement by the State both of the take-over of the
Embassy and Consulates and of the detention of the Embassy staff
as hostages. At a reception in Qom on 5 November, the Ayatollah
Khomeini lefi his audience in no doubt as to his approval of the
action of the militants in occupying the Embassy, to which he said
they had resorted "because they saw that the shah was allowed in
America". Saying thal he had been informed that the "centre occupied
by Our young men... has been a lair of espionage and plotting", he
asked how the yourig people could be expected "simply to remain
idle and witness al1 these things". Furthermore he expressly
stigmatized as "rotten roots" those in Iran who were "hoping we
would mediate and tell the young people to leave this place".
(........).
"The seal of official government approval was finally set on
this situation by a decree issued on 17 November 1979 by the
Ayatollah Khomeini. His decree began with the assertion that the
American Embassy \Mas"a centre of espionage and conspiracy" and
that "those people who hatched plots against Our lslamic movement
in that place do not enjoy international diplomatic respect". He went
on expressly to declare that the premises of the Embassy and the
hostages would rerriain as they were until the United States had
handed over the former Shah for trial and returned his property to
Iran..." (I.C.J. Reports, 1980,p. 34, Annex No 366. p. 2170-2171) 5.3.1.16. Para. 2.1.0.7.of the Memorial (p. 13) reads:
"lnstead of genuinely seeking to prevent or punish such acts,
the leaders effectively chose to adopt or acquiesce in them, whilst
sometimes seeking at the same time to officially distance themselves
from the brutality being perpetrated to serve their ends, by publicly
stating that the acts were the results of a civil war, and centuries-old
ethnic tensions."
No organ of the Federal Republic of Yugoslavia has endorsed
any alleged act of genocide or any other act prohibited under Article
II1 of the Genocide Convention. On the contrary, Chapter III of the
Counter-Memorial contains the official condemnation by the organs of
the Federal Republic of Yugoslavia of al1 inhuman and unlawful acts
committed in the territory of Bosnia and Herzegovina, irrespective of
which side cornmitted them. Thus, such acts by the Serb side have
also been publicly denounced.
5.3.1.17. In view of the above, the conclusion of the Applicant
expounded in para. 6.3.3.7 of the Memorial (p. 268) is untenable.
5.4. Attribution to the State of Acts of Organized Groups
5.4.1.l. In para. 1.3.0.5. of the Memorial (p. 7) the Applicant
says:
"many of such persons or groups were acting under the
authority, guidance or influence and with the assistance of the
authorities of the Federal Republic of Yugoslavia ..."
5.4.1.2. The Applicant makes similar assertions also in
para.1.3.0.6. of the Memorial (p.7), in para. 2.1.0.6.of the Memorial (p.
13), in para.2.3.4.6. of the Memorial (p.70), in para. 2.3.5.2. of the
Memorial (p. 72), in para. 2.3.6.6.of the Memorial (p. 80),in para.
5.2.1.5. of the Mernorial (p. 197).
5.4.1.3. In Chapter 6.4 of the Memorial (p.268) the Applicants:
"Yugoslavia ... has aided and abetted groups and individuals in the
acts of genocide."
5.4.1.4. In para. 6.4.1.2 of the Mernorial (p. 271) the Applicant
argues that Yugoslavia had allegedly breached the 1948 Convention
on the Prevention and Punishment of the Crime of Genocide "for
aiding and abetting groups and individuals in genocide, that Article IIof the said Convention defines as 'punishable' not only genocide
itself, but also 'conspiracy to commit genocide', 'direct and public
incitement to commit genocide', 'attempt to commit genocide' and
'complicity in genocide"'.
5.4.1.5. In para. 6.4.2.1 of the Memorial (p. 273) the Applicant
says: "lt is clear from the record that Yugoslavia... has been
'omnipresent in the genocide'. This 'omnipresence' has been - and
still i- reflected by the presence on the spot of its organs, including
the so-called 'Srpska Republika' and also - by the incitement and
ideological background it has offered to al1 those participating in the
genocide, which amount to a conspiracy to commit genocide, by
training, arming, equipping, financing and supplying the groups and
individuals committing genocide, and by infiltration into the territory of
Bosnia and Herzegovina of irregular forces." The above allegations
are no proof and do riot satisfy the applicable legal rules.
5.4.1.6. The case of Military and Paramilitaty Activities in and
against Nicaragua is particularly important for the dispute at hand,
being the only case ir-1-hich the Court reviewed and applied rules on
the attribution of acts of armed groups to a State.
5.4.1.7. Nicaragua considered the "contras" no more than
bands of mercenaries recruited, organized, paid and commanded by
the Government of 1:he United States. According to this view the
"contras" had no re,al autonomy in relation to the United States
Government. Conseqi~ently, any crimes committed by the "contras"
would be imputable to the United States Government. They would in
fact be acts of the USA:
"The question of the degree of control of the contras by the
United States Government is relevant to the claim of Nicaragua
attributing responsibility to the United States for activities of the
contras whereby the United States has, it is alleged, violated an
obligation of international law not tokilt, wound or kidnap citizens of
Nicaragua. The activities in question are said to represent a tactic
which includes "the spreading of terror and danger to non-combatants
as an end in itself with no attempt to observe humanitarian standards
and no reference to the concept of military necessity". In support of
this, Nicaragua has catalogued numerous incidents, attributed to
"CIA-trained merceniaries" or "mercenary forces", of kidnapping,
assassination. torture, rape, killing of prisoners, and killing of civilians
not dictated by military necessity..." "ln this respect, the Court notes
that according to Nicaragua, the contras are no more than bands of
mercenaries which have been recruited, organized, paid and
commanded by the Government of the United States. This would
mean that they have no real autonomy in relation to that Government. Consequently, any offences which they have committed
would be imputable to the Government of the United States, like
those of any other forces placed under the latter's command. In the
view of Nicaragua, "stricto sensu", the military and paramilitary
attacks launched by the United States against Nicaragua do not
constitute the case of civil strife. They are essentially the acts of the
United States. "If such a finding of imputability of the acts of the
contras to the United States were to be made, no question would
arise of mere cornplicity in those acts, or of incitement of the contras
to commit them." (I.C.J. Reports 1986, p. 64, para. 113, 114 Annex
NO367, p. 2173-2174)
5.4.1.8. The Court established that the various forms of
assistance provided to the "contras" had been crucial to the pursuit of
their activities. The United States authorities widely financed, trained,
supplied, armed and organized the "contras". The Court also found
that the "contra" force had , at least in one period, been so
dependent on the USA that it would have been unable to conduct its
most significant military and paramilitary operations without the
multi-faceted support of the United States.
The Judgment States:
"...it is in the Court's view established that the support of the
United States authorities for the activities of the contras took various
forms over the years, such as logistic support, the supply of
information on the location and movements of the Sandinista troops,
the use of sophisticated rnethods of communication, the deployment
of field broadcasting network, radar coverage, etc. The Courtfinds it
clear that a number of military and paramilitary operations by this
force were decided and planned, if not actually by United States
advisers, then at least in close collaboration with them, and on the
basis of the intelligence and logistic support which the United States
was able to offer, particularly the supply aircraft provided to the
,contras by the United States. (I.C.J. Reports 1986,p. 61, para. 106,
Annex No 368, p. 2176)
5.4.1.9. In respect of the case at hand, even if there had
been some support provided by the Federal Republic of Yugoslavia,
in terms of its extent it was far below that described in the quoted
section of the Judgrnent.
5.4.1.10. In order to conclude on the possible qualification of
the "contras" as an organ of the United States, the Court examined
the degree of "dependence" of the "contras" on the United States of
America and the USA'S"control" over the "contras". 5.4.1.11. In this connection, the Court found:
"...In sum, the evidence available to the Court indicates that
the various forms of assistance provided to the contras by the United
States have been crucial to the pursuit of their activities, but is
insufficient to demonstrate their complete dependence on United
States aid. On the other hand, it indicates that in the initial years of
United States assistance the contra force was so dependent.
However, whether the United States Government at any stage
devised the strategy and directed the tactics of the contras depends
on the extent to which the United States made use of the potential
for control inherent iin that dependence. The Court already indicated
that it has insufficient evidence to reach a finding on this point. It is
a fortioriunable to cletermine that the contra force may be equated
for legal purpose with the force of the United States..."
(................)
"ln the view of the Court it is established that the contra force
has, at least at one period, been so dependent on United States that
it could not conduct its crucial or most significant military and
paramilitary activities without the multi-faceted support of the United
States. This finding iisfundamental in the present case. Nevertheless,
adequate direct proof that al1or the great majority of contra activities
during that period received this support has not been, and indeed
probably could not ble, advanced in every respect. It will suffice the
Court to stress tha't the degree of control by the United States
Government, as described above, is inherent in the position in which
the contra force finds itself in relation to that Government." (I.C.J.
Reports 1986, p. 62. 63, paras 110, 111, Annex No 369, pp. 2178-
2179)
5.4.1.12. At this juncture quote will be the Report of the
Secretaty-General pursuant to paragraph 4 of Security Council
Resolution 752 (1992) of 30 May 1992. SI24049 (Annex No 129)
which gives relevant facts about the position of Serb forces in Bosnia
and Herzegovina:
"(b)Several hundred the JNA personnel from Jusuf Dionlic
Barracks, a logistic base at Sarajevo, and Victor Bubanj Barracks
were in the process of withdrawing from Sarajevo during the night of
27/28 May 1992. The convoy, which was being accompanied by
UNPROFOR, was attacked by Serb irregulars opposed to the terms
of their withdrawal aind by units of the Territorial Defence of Bosnia
and Herzegovina, and lost its way. Some elements became
separated from the rest; 30 the JNA vehicles and their drivers went
missing and at least 1 soldier was killed; "7. It will be apparent from the foregoing that the issue of
the deblocking and safe withdrawal of the remaining the JNA troops
from their barracks at Bosnia and Herzegovina has become linked to
other problems which have caused continuing conflict in that
Republic and has in particular been complicated by problems relating
to the withdrawal of heavy weapons from these barracks and from
Bosnia and Herzegovina. UNPROFOR has received indications that
the the JNA leadership in Belgrade is willing to leave the bulk of its
weapons behind upon withdrawal, but the leadership of the army of
the 'Serbian Republic of Bosnia and Herzegovina' is unwilling to
permit this.
"8. Uncertainty about who exercises political control over the
Serb forces in Bosnia and Herzegovina has further complicated the
situation. The Bosnia and Herzegovina Presidency had initially been
reluctant to engage in talks on these and other issues with the
leadership of the 'Serbian Republic of Bosnia and Herzegovina' and
insisted upon direct talks with the Belgrade authorities instead. A
senior the JNA representative from Belgrade, General Nedeljko
BoSkovic, has conducted discussions with the Bosnia and
Herzegovina Presidency, but it has become clear that his word is
not binding on the commander of the army of the 'Serbian Republic
of Bosnia and Herzegovina', General MladiC. Indeed, as indicated in
paragraph 6 (b) above, Serb irregulars attacked a the JNA convoy
withdrawing from a barracks at Sarajevo on 28 May under
arrangements negotiated by General BoSkovic. It also appears that
the heavy shelling of Sarajevo on the night of 28/29 May took place
on the orders of General Mladic in direct contravention of instructions
issued by General BoSkovic and the the JNA leadership in Belgrade.
"9. Given the doubts that now exist about the ability of the
authorities in Belgrade to influence General Mladic, who has left the
JNA, efforts have been made by UNPROFOR to appeal to him
directly as well as through the political leadership of the 'Serbian
Republic of Bosnia and Herzegovina'. As a result of these efforts
General Mladic agreed on 30 May 1992 to stop the bombardment of
Sarajevo. While it is my hope that the shelling of the city will not
be resumed, it is also clear that the emergence of General Mladic
and the forces under his command as independent actors apparently
beyond of the JNA greatly complicates the issue raised in paragraph
4 of Security Council resolution 752 (1992). President lzetbegovic
has recently indicated to senior UNPROFOR officers at Sarajevo his
willingness to deal with General Mladic but not with the political
leadership of the 'Serbian republic of Bosnia and Herzegovina'.
5.4.1.13. The Secretary-General points out the fact that not
only had there been no cooperation or coordination between the
Federal Republic of Yugoslavia and the Army of the Republic of
Srpska and paramilitary formations, but that in fact they were indisagreement in respect of the conditions under which the JNA was
to withdraw from Boisnia and Herzegovina, i.e. to whom the heavy
weaponry would be left. The Secretary-General points to the fact that
the armed forces under the command of General Ratko Mladic are
undertake armed action completely on their own, in fact contrary to
decisions of FRY orgians.
5.4.1.14. In Chapter III of theCounter-Memorial the decisions
of FRY organs have been pointed out, which were adopted in May
1993 on withholding assistance to the Republic of Srpska, designed
to influence the political decisions of the Republic of Srpska regarding
its acceptance the Vance-Owen Plan. Despite the consistent efforts of
the FR of Yugoslavia, the Republic of Srpska has maintained its
position and the measures taken by the FR of Yugoslavia have
produced no effect whatsoever.
5.4.1.15. In A.ugust 1994, the Federal Republic of Yugoslavia
introduced new restrictive measures vis-a-vis the Republic of Srpska,
this time under the control of international observers, to induce it to
accept the plan of the Contact Group. These measures have not
produced positive results, either, which is the bestproof that the FR
of Yugoslavia has no influence whatsoever on the policy and
positions of the organs of the Republic of Srpska.
5.4.1.16. The obvious conclusion is that ever since its
inception not only have the Republic of Srpska and al1 the armed
formations under its control or acting in its territory not been under
the control of the Frederal Republic of Yugoslavia but the Federal
Republic of Yugoslavia could not even influence their conduct.
5.4.1.17.1n the case of Military and Paramilitary Activities in
and against Nicaragua, the Court further found:
"To show the existence of this control, the Applicant argued
before the Court that the political leaders of the contra force had
been selected, installed and paid by the United States; it also argued
that the purpose herein was both to guarantee United States control
over this force, and to excite sympathy for the Government's policy
within Congress and among the public in the United States.
According to the affidavit of Mr. Chamorro, who was directly
concerned, when the! FDN was formed "the name of the organization,
the members of the political junta, and the members of the general
staff were al1chose11or approved by the CIA"; later the CIA asked
that the particularperson be made head of the political directorate of
the FDN and this was done. However, the question of the selection,
installation and payrnent of the leaders of the contra force is merely
one of the degree of dependency of that force. This partialdependency on the United States authorities, the exact extent of
which the Court cannot establish, rnay certainly be inferred inter alia
frorn the fact that the leaders were selected by the United States. But
it may also be inferred frorn other factors, some of which have been
exarnined by the Court, such as the organization, training and
equipping of the force, the planning of operations, the choosing of
targets and the operational support provided." (I.C.J. Reports 1986, p.
62, para. 112, Annex No 370, p. 2181)
5.4.1.18. Nothing of the kind took place in the Republic of
Srpska. The leaders of the Republic of Srpska, Radovan Karadiic,
Biljana PlavSic, Nikola Koljevic were elected by the people at the first
multi-party elections in the Socialist Republic of Bosnia and
Herzegovina as leaders of the Serbian Dernocratic Party. They were
elected to the organs of authority of the Socialist Republic of Bosnia
and Herzegovina and after the creation of the Republic of Srpska
they were elected its president and vice-presidents respectively by the
cornpetent organs of that Republic.
5.4.1.19. The Applicant alleges that the Federal Republic of
Yugoslavia had appointed General Ratko Mladic as commander of
the Serb arrned forces. This assertion is not true. General Ratko
Mladic was born in Bosnia and Herzegovina and he decided to stay
in Bosnia and Herzegovina after the withdrawal of the Yugoslav
People's Arrny. Just like almost al1the the JNA officers of Muslirn or
Croat nationality did. On 13 May 1992, the Republic of Srpska
forrned its own arrny and appointed General Ratko Mladic as its
Commander (Report of the Secretary-General Pursuant to Paragraph
4 of Securtity council Resolution 752 (1992), Sl24049, 30 May 1992,
Annex No 129)
5.4.1.20. Having examined the relationship between the United
States of America and the "contras", the Court arrived at the following
conclusion:
"The Court has taken the view (paragraph 110 above) that the
United States participation, even if preponderant or decisive, in the
financing, organizing, training, supplying and-equipping of the contras,
the selection of its rnilitary or pararnilitary targets, and the planning of
the whole of its operation, is still insufficient in itself, on the basis of
the evidence in the possession of the Court, for the purpose of
attributing to the United States the acts comrnitted by the contras in
the course of their military or pararnilitary operations in Nicaragua. All
the forrns of United States participation mentioned above, and even
the general control by the respondent State over a force with a high
degree of dependency on it, would not in themselves rnean, without
further evidence, that the United States directed or enforced theperpetration of the a.cts contrary to human rights and humanitarian
law alleged by the Applicant. Such acts could well be committed by
mernbers of the coritras without the control of the United States.
For this conduct to give rise to legal responsibility of the United
States, it would in principle have to be proved that that State had
effective control of the military or paramilitary operations in the course
of which the alleged violations were comrnitted. (I.C.J. Reports 1986,
pp. 64, 65, para. 115, Annex No 371, pp. 2183-2184) (bold type is
ours)
5.4.1.21. The Court clearly noted that the general control by
the Respondent over a force with a high degree of dependency on it
was not sufficient coindition for every and any act of that force to be
attributed to that State.
5.4.1.22. For a specific act in such a situation to be attributed
to a State it would have to be proved that that State had effective
control of the military or paramilitary operations in the course of
which the alleged violations were committed.
5.4.1.23. Not only did the Federal Republic of Yugoslavia not
have effective control of military or paramilitary forces at the time of
the operations in the course of which the alleged violations were
committed, but it puiolicly and consistently condemned the inhurnane
and unlawful acts of al1 the three sides, i.e. also those of the Serb
side.
5.4.1.24. Likewise, not only did the Federal Republic of
Yugoslavia not have effective control of military or paramilitary forces
at the time of the operations during which the alleged violations were
committed, but it hacl no general control over those forces.
5.5. The lncitement of One State by Another to Commit an
lnternationallly Wrongful Act
5.5.1.1. In preparing the Drafi Rules on lnternationally
Wrongful Acts as the source of the international responsibility of a
State, the Commission on International Law reviewed the relationship
of one State to anoither from the standpoint of the attribution of acts
to the State.
5.5.1.2. The Commission is of the opinion that incitement
cannot be the reason for attributing an act of the incited State to the
State which has incited it to commit such an act. 5.5.1.3. ln its 1978 Report, the Commission says the following
in respect of incitement:
"ln international practice, of course,rotests have been made
against States accused, rightly or wrongly, of having incited other
States to commit breaches of international obligations to the detriment
of third State; but we do not know of any cases in which, at the
juridical level, a State has been alleged by another State to be
internationally responsiblesolely by reason of such incitement. Nor do
we know of any cases in which States have agreed to absolve from
its responsibility a State, which although it might have been incited
by a third State, nevertheless, of its own free will, breached an
international obligation binding it to another State. It therefore follows
from international practice, and from the works of those writers on
international law who pay particular attention to this question, that the
fact that a State has incited another to commit an internationally
wrongful act to the detriment of a third State does not give rise to
the separate existence of an international responsibility derived
specifically from the fact of incitement.Thus mere incitement of one
State by another to commit an internationally wrongful act cannot fulfil
the conditions for characterizing it as "participation" in the wrong, in
the legal meaning of term, and therefore will not, as such, have legal
status and consequences." (RILC, 1978, pp. 245, 246, Annex No 372,
pp. 2186-2187)
5.6. Assistance Rendered by One State to Another for the
Commission of an lnternationally Wrongful Act
5.6.1.l. The Commission on International Law first addressed
the question of assistance being rendered to one State by another for
the commission of a wrongful act. It proposed a relevant rule in
Article 27 of the Draft Rules of lnternationally Wrongful Act as a
Sorce International Responsibility of a State, which reads:
"Aid or assistance by a State to another State, if it is
established that it is rendered for the commission of an internationally
wrongful act, carried out by the latter, itself constitutes an
internationally wrongful act, even if, taken alone, such aid' or
assistance would not constitute the breach of an international
obligation."
5.6.1.2. The practice from which this rule is derived is so
scant that it is difficult to argue that the proposed rule is valid as
part of positive law. It will be reviewed anyhow. 5.6.1.3. In the rationale for the proposed rule the Commission
on International Law stresses that it is essential to establish that the
assistance was rendered so as to enable another State to commit a
wrongful act or to malke it easier for it to do so.lt is not enough if the
assistance can be used for the commission of a wrongful act and if it
is indeed so used. Of crucial importance is the existence of an intent
of the State rendering assistance in the sense that it is doing so with
that specific objective in mind.
5.6.1.4. The In~ternationaLl aw Commission says:
"But what is o'finterest, in the present context, is not to know
whether the action, as such, does or does not constitute a breach of
an international obligation, but whether or not the conduct adopted by
the State, in addition to having materially facilitated the perpetration
of the international offence by the other State, was intended to
enable another State to commit such an international offence or to
make it easier for it i:o do so. The very idea of aid or assistance to
another State for the commission of an internationally wrongful act
necessarily presupposes an intent to collaborate in the commission of
an act of this kind and hence, in the cases considered, knowledge of
the specific purpose for which the State receiving certain supplies
intends to use them.
(.........)...
Having unanirriously agreed on the need to include in the text
of the draft a rule concerning the laid or assistance' rendered by a
State to another State for the commission of an internationally
wrongful act, the Connmission also agreed on the following essential
elements: a) the aid or assistance must have the effect of making it
materially easier for the State receiving the aid or assistance in
question to commit an internationally wrongful act; b) the aid or
assistance must have been rendered with intent to facilitate the
commission of that internationally wrongful act by another; c) the
conduct by which a State thus participates in the commission by
another State of an internationally wrongful act against a third subject
must be characterizecl as internationally wrongful precisely by reason
of such participation, even in the case where, in other circumstances,
such conduct would be internationally lawful; d) the internationally
wrongful act of pal-ticipation through aid or assistance for the
commission of an internationally wrongful act by another State must
not be confused with this principal offence and, consequently, the
international responsibility deriving from it must remain separate from
that incurred by the State committing the principal offence.
(........).
The wording adopted for the article also lays stress on the
intellectual element of intent, which must also be present for it to be
possible to conclude that the internationally wrongful act ofparticipation that it is intended to define has been committed. As the
article States, the aid or assistance in question must be rendered 'for
the commission of an internationally wrongful act', i.e. with the
specific object of facilitatingthe commission of the principal
internationally wrongful act in question. Accordingly, it is not sufficient
for it to be possible for aid or assistance provided without such
intention to be used by the recipient State for unlawful purposes, or
for the State providing aid or assistance to be aware of the eventual
possibility of such use. The aid or assistance must in fact be
rendered with a view to its use in committing the principal
internationally wrongful act. Nor is it sufficient that this intention be
'presumed'; as the article emphasizes, it must be 'established'. Unless
these essential requirements are fulfilled, an act which per se is
lawful cannot become an unlawful act, and a possibly wrongful act
cannot be invested with additional wrongfulness." (RILC, 1978, pp.
243, 251, 254, 255, Annex No 373, pp. 2190-2192)
5.6.1.5. The aid provided by the Federal Republic of
Yugoslavia to the Republic of Srpska was not of such a of a State
5.7.1.1. In para. 6.3.3.2 of the Memorial (p. 266) the Applicant
refers to the indirect responsibility of a State. In this context the
Applocant invokes the Drafî Rules on lnternationally Wrongful Acts
prepared by the Commission on lnternational Law.
5.7.1.2. The lnternational Law Commission also addressed the
issue of indirect responsibility,.e. the responsibility of one State for a
wrongful act committed by another State. The Commission is of the
view that the fact that one State exercises control or authority over a
sphere of activity of another State warrants the attribution to the
former of a wrongful act committed by the latter if committed within
the sphere of activity under the control or authority of the former.
nature as to facilitate the commission of the acts stated in the
Memorial. Nor did the Federal Republic of Yugoslavia extend any
assistance with a view to its being used for the commission of
internationally wrongful acts.
5.7. The Indirect Responsibility
5.7.1.3. The lnternational Law Commission proposed the
following rule in para. 1 of Article 28 of the Draft Rules on
lnternationally Wrongful Acts:
" An internationally wrongful act committed by a State in a
field of activity in which that Stateis not in possession of completefreedom of decision, being subject, in law or in fact, to the directions
or the control of another State, does not entail the international
responsibility of the State committing the wrongful act but entails the
indirect international responsibility of the State which is in a position
to give directions or exercise control."
5.7.1.4.Beariiig in mind international practice the Respondent
feels that this rule, too, like the previous one, is more a rule of de
lege ferenda than a valid one.
5.7.1.5. In the rationale for this proposed rule it is stated:
"On the basis of the foregoing, the majority of the Commission
thus reached the coriclusion that where, for one reason or another, a
situation of 'internatilonal' dependence is established between two
States, responsibility for wrongful acts committed by the 'dependent'
State must be attribuited to what is called the 'dominant' State, in so
far as the wrongful act was committed by the dependent State in a
sphere of activity in which, without losing its separate international
personality, it was sulbjected to the direction or control of the superior
State. (RILC, 1979, plp. 248, 263, Annex No 374, pp. 2195)
5.7.6. In Chapter II of the Counter-Mernorial have been stated
the facts which demonstrate the total independence of the Republic
of Srpska from the Federal Republic of Yugoslavia. Not in a single
field of activity is the Republic of Srpska subject to the direction or
control of the Federal Republic of Yugoslavia. Hence no act of the
organs of the Republic of Srpska can be attributed to the Federal
Republic of Yugoslavia on this account.
5.8. Conclusions
5.8.1.1. The act of any individual which allegedly breaches
the obligation established under the Genocide Convention cannot
be attributed to the Federal Republic of Yugoslavia.
5.8.1.2. The act of any arrned group which allegedlyy
breaches the obligation established under the Genocide
Convention cannot be attributed to the Federal Republic of
Yugoslavia. 5.8.1.3. The act of any organ of the Republic of Srpska or
that which can be attributed to the Republic of Srpska and which
allegedly breaches the obligation established under the Genocide
Convention cannot be attributed to the Federal Republic of
Yugoslavia.
5.8.1.4. The Federal Republic of Yugoslavia has not
rendered any aid or assistance to the Republic of Srpska with a
view to the alleged breach of obligations established under the
Genocide Convention. CHAPTER VI
RULES ON PROOFS
6.1. Introduction
6.1.1.l. In section 5.3.2. of the Memorial (p. 209) the
Applicant fallaciously views the nature of the responsibility of the
State and the nature of legal proceedings before the International
Court of Justice, and consequently draws wrong conclusions on the
obligations of the p;irties with regard to proving in section 5.3.3. of
the Memorial (p. 213).
6.1.1.2. In para. 5.3.3.3 of the Memorial (p. 213) the Applicant
argues: "ln civil proceedings, after the accuser has presented clear
evidence of certain essential facts, the court may deduce, or infer,
from those facts certain additional elements because to do so fits
with ordinary probabilistic expectations. It then rests with the
defendant to demonstrate that such deduction, inference or
presumptions are unwarranted in the specific instance." It is
questionable whether such a rule applies to civil proceedings. What is
quite certain, however, is that it does not apply to proceedings before
the International Court of Justice.
6.1.1.3 The Applicant continues in that context in para.
5.3.3.8. (p. 216) of: the Memorial: "ln this case, the Republic of
Bosnia and Herzegovina will ask the Court to make inferential
deductions from the patterns of proven facts... For example, in view
of the magnitude, tjuration and brutality of the killing, rapes, and
similar acts and their geographical proximity to the territory of the
Federal Republic of Yugoslavia... that State can reasonably be
required to rebut the inference of complicity and failure either to
prevent or punish acts of genocide by presenting convincing evidence
that its Government has made every reasonable and diligent effort todischarge its legal obligations." This request of the Applicant is not
based on law.
6.2. Rules on Proofs Before the International Court of
Justice
6.2.1.l. Neither the Statute of the Court nor the Rules of the
Court contain detailed provisions on proving facts. However, the Court
has adopted certain standards which the Respondent considers
important also in this Case. Thus, in the Case of Military and
Paramilitary Activities in and against Nicaragua, the Court applied a
standard which in fact is the general rule of proving.
6.2.1.2. The Court says:
"At al1 events, in the present case the Court has before it
documentary material of various kinds from various sources. A large
nurnber of documents have been supplied in the form of reports in
press articles, and sorne also in the form of extracts from books.
Whether these were produced by the Applicant, or by the absent
Party before it ceased to appear in the proceedings, the Court
has been careful to treat thern with great caution; even if they
seem to meet high standards of objectivity, the Court regards
thern not as evidence capable of proving facts, but as rnaterial
which can nevertheless contribute, in some circumstances, to
corroborating the existence of a fact, i.e. as illustrative rnaterial
additional to other sources of evidence." (I.C.J. Reports 1986, p.
40, para. 62, Annex No 375, p.2197) (Bold type is ours).
This is exactly the kind of documentary material that the
Applicant uses. Therefore, it cannot be regarded as "evidence
capable of proving facts".
6.2.1.3. Proceeding from the foregoing the Courtconcludes:
"... Since the evidence linking the Freedom Fighter's Manual
to the CIA is no more than newspapers reports the Court will not
treat its publication as an act imputable to the United States
Government for the purpose of the present case. (I.C.J. Reports
1986, p. 66, para. 117, Annex No 376, p.2199) 6.2.1.4. The Court has made a certain reservation regarding
the presented positiori in the case of public knowledge of a fact. The
Court permits that public knowledge may be established on the basis
of such sources of information. In that case, however, the Court
demands full consistence and concordance of sources. The Court
says:
"However, although it is perfectly proper that press information
should not be treated in itself as evidence for judicial purposes,
public knowledge of a fact may nevertheless be established by
means of these sources of information, and the Court can attach a
certain amount of weight to such public knowledge. In the case of
United States Diplorriatic and Consular Staff in Tehran, the Court
referred to facts which "are, for the most part, matters of public
knowledge which have received extensive coverage in the world
press and in radio and television broadcasts from Iran and other
countries" (I.C.J. Reports 1980, p. 9, para. 12,). On the basis of
information, including press and broadcast material, which was wholly
consistent and concordant as to the main facts and circumstances
of the case", the Court was able to declare that it was satisfied that
the allegations of fact were well-founded (ibid. p. 10, para. 13). The
Court has however l:o show particular caution in this area." (I.C.J.
Reports 1986, pp. 40, 41, para. 63, Annex No 377. pp 2200-2201)
(bold type is ours)
In the Case presently before the Court, there are no facts
indicated by the Applicant on which opposing and contradicting press
and other reports do not exist.
6.2.1.5. On biased and unprofessional media reports re grding
the events in Bosnia and Herzegovina see Peter Brock '8reater
Serbia" vs the Greater Western Media, Mediterranean Quarterly, Vol.
6 No.1, winter 1995, pp. 49 - 68. (Annex No 378, pp. 2202-2222)
6.2.1.6. Indeed, LM Magazine issued the following press
release on 24 January 1997:
"LM Magazine has received a letter from INT's lawyers,
threatening legal acti'on unless we agree to pulp Our entire February
issue, apologise to their journalists and pay damages.
"this threatis in response to Article The picture that fooled
the world', by Thomsis Deichmann, which reveals the truth about the
famous ITN pictures of Bosnian Muslims apparently imprisoned
behind a barbed wire fence at Trnopolje camp in August
1992 ...(Annex No 11)
6.2.1.7. It is the fact that Bosnia and Hezegovina has
allocated huge sums of money to foreign companies for the publicrelations.This has great influence on reporting of world media on
the situation in Bosnia and Herzegovina.
6.2.1.8 Barry Janes writes: "The French officiais said the
amount of disinformation coming out of the Muslim side was
"formidable". (Barry Janes, A New Flash Point in Bosnia, International
Herald Tribune, Paris3 May 1994, Annex No 379,p. 2223).
6.2.1.9 ".natomy of Massacre", an article written by David
Binder and published by Foreign Policy No 97 Winter 1994-95)
explains that fact-finding process was not the most important element
in political decision-making process of foreign Governments and
organs of international organizations ian instance of crucial
importance for the Case. (Annex No208)
6.2..IO. The following position of the Court is particularly
important:
"Widespread reports of a fact may prove on closer
examination to derive from a single source, and such reports,
however numerous, will in such case have no greater value as
evidence than the original source. (I.C.J. Repo1986, p. 41, para.
63, Annex No 380,pp. 2225)
This is exactly the situation in this Case. Most of the
information referred to by the Applicant as coming from the press of
various countries or as reports of foreign governments, derives from
one and the same Muslim source.
6.2.11..1The Court does not consider as evidence testimony
which is not a statement of fact based on direct knowledge of a
witness. In this connection the Court says:
"The Court has not treated as evidence any part of the
testimony given which was not a statement of fact, but a mere
expression of opinion as to the probability or otherwise of the
existence of such facts, not directly known to the witness. Testimony
of this kind, which may be highly subjective, cannot take the place of
evidence. An opinion expressed by a witness is a mere personal and
subjective evaluation of a possibility, which has yet to be shown to
correspond to a fact; ity, in conjunction with other material, assist
the Court in determining a question of fact, but is notf in itself.
Nor is testimony of matters not within the direct knowledge of the
witness, but known to him only from hearsay, of much weight; as the
Court observed in relation to a particular witness in the Corfu
Channel case:
"The statements attributed by witness ... to third parties, of
which the Court has received no personal and direct confirmation,can be regarded only as allegations falling short of conclusive
evidence (I.C.J. Reports 1949, pp. 16-17)". (I.C.J. Reports 1986, p.
42, para. 68, Annex No 381, p. 2227)
6.2.1.12. In view of the above position, the Court cannot
consider as evidence reports of certain governments submitted to UN
authorities, or reports of governmental and non- governmental
international organizations.
6.2.1.13. The Court has also considered the issue of implicit
admission of facts. Since the Applicant raises this issue in the
present Case in connection with the alleged admission by the FRY, it
is necessary to draw attention.
"ln connection with the question of proof of facts, the Court
notes that Nicaragua has relied on an alleged implied admission by
the United States. It has drawn attention to the invocation of
collective self-defence by the United States, and contended that 'the
use of the jurisdiction of collective self- defence constitutes a major
admission of direct and substantial United States involvement in the
military and paramilitary operations' directed against Nicaragua. The
Court would observe! that the normal purpose of invocation of
self-defence is to justify conduct which would otherwise be wrongful.
If advanced as a justification in itself, not coupled with a denial of
the conduct alleged, it may well imply both an admission of that
conduct, and of the \~rongfulness of that conduct in the absence of
the justification of self-defence. This reasoning would do away with
any difficulty in establishing the facts, which would have been the
subject of an implicit overall admission by the United States, simply
through its attempt to justify them by the right of self-defence.
However, in the present case the United States has not listed the
facts or described ttie measures which it claims to have taken in
self-defence; nor has it taken the stand that it is responsible for al1
the activities of which Nicaragua accuses it but such activities were
justified by the right of self-defence. Since it has not done this, the
United States cannot be taken to have adrnitted al1 activities, or any
of them; the recourse to the right of self-defencethus does not make
possible a firm and complete definition of admitted facts. The Court
thus cannot consider reliance on self-defence to be an implicit
general admission on the part of the United States; but it is certainly
a recognition as to the imputability of sorne of the activities
complained of." (I.C.,!. Reports 1986, pp. 34, 35, para. 74, Annex No
382, pp. 2229-2230)
6.2.1.14. As regards the burden of proof, the position of the
Court is the following: "it is the litigant seeking to establish a fact who bears the
burden of proving it".... (Military and Paramilitary Activities in and
against Nicaragua (Nicaragua vs. United States of America), I.C.J.
Reports 1984, p. 437, para. 101, Annex No 383, p. 2232)
6.2.1.15. The Applicant's invocation of the Corfu Channel
Case, Judgment of April 9, 1949, in para. 5.3.3.7 of the Memorial (p.
216), is completely inapplicable, since the alleged acts were not
committed in the territory of Yugoslavia, or in a territory controlled by
Yugoslavia in any way whatsoever.
6.3. International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International
Hurnanitarian Law Cornmitted in the Territory of Former
Yugoslavia since 1991
6.3.1.1. Geoffrey Robertson,QC, criticises the Hague Tribunal:
"ln many respects the tribunal in the Hague is an advance on
its Nuremberg predecessor, notably by abjuring the death penalty, by
making better provisions for the defence, and by providing a right of
appeal. But most notably lacking among the 11 judges is relevant or
recent experience in the defence of persons accused of crime.
"This may partly account for the first unhappy ruling of the
panel trying Dusko Tadic. It decided by a majority (the presiding
American judge and her Malaysian colleague) to abandon the
standards set by the European Court of Human Rights and to deny
the defence the right to know the names (or even the nicknames) of
key witnesses.
"SirNinian Stephan (formerly of the Australian High Court)
forcefully dissented from the majority decision, which is a woeful
piece of jurisprudence. It misconstrues the statute, misunderstands
precedents, and constantly misdescribes the judicial function in a
criminal trial as 'balancing' the fundamental rights of defendants
against prospect that a defendant may be imprisoned for life on the
sole testimony of a witness whose identity he is not allowed to know,
it justifies on the grounds that crimes against humanity are 'horrific'
and in any event 'the international tribunal is, in certain respect,
comparable to a militaty tribunal, which often has limited rights of due
process and more lenient rules of evidence'.
"These arguments are unacceptable. The more 'horrific' the
crime, the more due process is necessary. And the belittling
comparison with militaty tribunals (many of which are looking to this
body to improve their standards) is astonishing. How can the Haguetribunal serve as a mode1for a world court if it sets low standards of
fairness?
(..........)
"....Last year, Professor Cassese, the tribunal president, called
for a 'programme of indictments' to 'meet the expectations of the
Security Council and of the world community at large' - hardly the
language of judges wliose duty is not to act as avenging angels but
to do justice though heavens fall."(Geoffrey Robertson, QC, War
Crimes Deserve a Fair Trial, The Times, 25 June 1996, Annex No
384, p. 2233)
6.3.1.2. Responding to quoted remarks by Geoffrey Robertson,
Prof. Cassese says:
"...it must be pointed out that words attributed to President
Cassese were in fact the words of al1 of the Judges of the
lnternational Tribunal sitting in plenary (see Press release dated 1
February 1995,...). (The Letter of President Cassese of 10 January
1997 sent to Mr. Kofi Annan, Secretary-General of the United
Nations, Annex No 385, p. 2237)
6.3.1.3. Indeetj, "on Monday 30 January 1995, the Judges of
the lnternational Crirninal Tribunal for the former Yugoslavia have
concluded their Fifth Plenary Session, which commenced on Monday
16 January, by unanirnously adopting the following final declaration:
'....It should be recalled that the Security Council, in
establishing the International Tribunal by Resolutions 808 and 827,
intended expressly to entrust it with the historic mission of bringing to
trial those responsible for 'mass killings', 'organized and systematic
detention and rape of women' and 'the practice of ethnic cleansing' in
the territory of the former Yugoslavia' inorder thereby to 'contribute to
the restoration and maintenance of peace'.
'Due to the gravity and historic dimension of that mission, the
Judges are anxi0u.s that a programme of indictments should
effectively meet the expectations of the Security Council and of the
world community at large.
The Prosecuitor was informed of the concern of the Judges,
and he indicated that he shares that concern. He undertook to apply
the resources that have now been made available by the United
nations and by those Member States which have generously
contributed to the Trust Fund, in order to issue appropriate
indictments the earliest possible time. "(lnternational Criminal Tribunal
for the Former Yugoslavia, Press Release, The Hague, 1 February
1995, Annex No 386, p. 2240) 6.4. Conclusions
6.4.1.1. The Applicant has not subrnitted proper evidence
to prove its allegations. The Respondent rejects the allegations of
the Applicant related to the alleged breaches of the obligations
established by the Genocide Convention and the attributions of
alleged acts to the Respondent.
6.4.1.2. In accordance with the principle of equality of
parties, and in view of the fact that both sides have subrnitted
requests to establish the responsibility of the other side, they
should be in an equal position in respect of the proving of facts. CHAPTER VI1
CRIME OF GENOCIDE AGAINST THE SERBS IN BOSNIA AND
HERZEGOVINA
7.0. Direct and Public lncitement to Commit Genocide
7.0.1.0. The acts of direct and public incitement to
commit genocide have been made, inter alia, by "lslamic Declaration",
newspapers "Novi Vox" and "Zmaj od Bosne" (Dragon of Bosnia), as
well as by Radio Hajat.
7.0.1.l. By its position that "there can be no peace or
coexistence between 'Islamic faith' and 'non-lslamic' social and
political institutions" the"lslamic Declaration" has incited armed
actions and extermination of the Serbian population because they do
not profess lslamic religion,.e. because they belong to other religion.
(Alija Izetbegovic, Islamska deklaracija tekst iz 1973. godine, Islamska
deklaracija, Bosna, Sarajevo, 1990.1 lslamic Declaration, Annex No
154 to the Part I of the Counter-Memorial, pp. 1208-1238, 1239-
127011 271-1334)
7.0.1.2. The following verses of the "patriotic "song
published in the third issue of "NoviVoxl'in October 1991 :
"Dear mother, I'm going to plant willows,
We'll Iiang Serbs from them.
Dear mother, I'm going to sharpen knives,
We'll soon fiIl pits again.
Dear mother, chop some salad,
And invite Our Croat brothers.
When Our banners unite,
All the Serbs will end in graves."revive a direct and public incitement to commit genocide against
Serbs from World War Two. The slogan "Srbe na vrbe" (Hang Serbs
on Willows) was used by the Ustasha Movement in Croatia and
Bosnia and Herzegovina in the eve and during World War Two as a
public cal1 to execution of Serb civilians. This cal1 resulted in a
horrible genocide against Serbs in World War Two. Serb civilians
were slaughtered and thrown into deep pits in Croatia and Bosnia
and Herzegovina. These crimes were committed by the members of
the Ustasha Movement consisted by the members of Croatian and
Muslim population. The mentioned verses were an incitement to
renew genocide against Serbs. (Patriotska poezija JPatriotic Poetryl
Novi Vox, No. 3, October 1991, Annex No 214 to the Part 1 of the
Counter-Memorial, pp. 1461-146211 463-1466)
7.0.1.3. The "Zmaj od Bosne" ("Dragon of Bosnia")
newspaper, published in Tuzla on 1 April 1993, called on every
Muslim to name a Serb and take an oath to kill him. (EICN.
41199413,para. 72, Annex, 5 May 1993, Annex No 79 214 to the
Part I of the Counter-Memorial, pp. 637).
7.0.1.4. After the explosion at the Markale market,
established to have been caused by the Muslims, an anchorman of
Sarajevo Musiim Radio Hajat, hosted a live call-in programme. Ten
Muslim listeners, using almost the same language and giving the
same advice, called for the slaughter of a number of Serbs for every
Muslim killed and denied every possibility of CO-existencewith the
Serbs. The host of the programme supported his listeners in their
calls to massacre the Serbs. This is a unique case in the whole
world that members of one nation have been called via radio to
massacre another nation. (Evidence: Transcript of the taped
programme, Annex No 78214 to the Part 1 of the Counter-Memorial,
pp. 627-6291630-635).
7.1. Deliberate Killing of the Civilian Population and Captured Perçons
of Serb Nationality
7.1.0.0. The genocidal behaviour of the Muslim and
Croat armed forces and of the other authorities of Bosnia-
Herzegovina was expressed in particular in the killing of the civilian
population which was not involved in armed conflicts. Their only
"fault" was that they belong to an ethnic group - the Serb people,
which undoubtedly indicates the genocidal intent of those who
committed these crimes. At the time of the submission of thisCounter-Memorial it was not possible to establish the exact number of
victims. A large number of Serbs were forcibly taken away from their
homes and their destiny is not known since. There are grounds for a
believing that they vvere killed and buried in undiscovered mass
graves because it has not been established that they were in
concentration camps lwhich are numerous on the territory of Bosnia-
Herzegovina and where members of the Serb people were
imprisoned. Therefore, in this Counter - Memorial listed will be only
the killings of the civilians of Serb nationality committed by the
Muslim and Croat armed forces, which have been established
beyond doubt and whose perpetrators have been identified in most
cases.
In the preceding parts the Respondent pointed to the
relevant notion of genocide, as well as to the grounds of responsibility
for this crime under international law. This crime consists of various
forms of inhuman trleatment of members of a national, racial and
religious group with 1:heintent of its destruction in whole or in part.
The Respondent claims that members of the Serb people were
exposed to genocide during the civil war in Bosnia-Herzegovina. This
claim is based on the following facts. First, many acts against
members of the Serb people constitute genocidal behaviour on the
Art. 2, paras a) to e) of the Convention on the Prevention and
Punishment of the Crime of Genocide, in particular those defined in
paras a) and b). Thousands of members of the Serb people were
killed or their physical or mental integrity was seriously harmed.
Second, the victims were Serbs. The killings and other forms of
inhuman behaviour were committed having in mind exclusively the
national affiliation ofhe victims.
Third, these acts were committed with the intent of
complete or partial d~estructionof one religious and ethnic group. This
intent derives from a number of circumstances. Thus, the pattern of
victims indicates thal the killings were committed regardless of sex
and age; men and women, the young and the old were killed alike.
The victims did not participate in armed conflict and were not
members of the Serb armed forces. The victims did not provoke this
crime by their conduct in any way; they were killed in their homes,
while working in their fields,taken to camps and tortured and killed
there. All these elements clearly indicate that what is involved here is
the genocide of the !Serb people.7.1.1.O. Srebrenica
The territory of the former commune of Srebrenica has
a mixed population of Muslims and Serbs, with Muslims being
predominant in number. Since armed conflict broke out in this
territory, the members of the Serb people, as the minority population,
were constantly exposed to threats and attacks by Muslim armed
forces throughout 1992 and later. At first these threats were aimed at
causing the fear of the Serb population and forcing them to leave
their homes and property and to leave the territory for good. Later on
the threats escalated into armed attacks in which entire villages and
towns in which Serbs lived were burned down and their Serb civilian
populations killed. During 1992 in this commune almost al1 Serb
villages were razed to the ground, Serb houses were set on fire and
Serb property was looted. Over 500 Serbs, mainly old men, women
and children, were killed in the territory of this commune during this
period. Bosnia and Herzegovina is responsible for the following crimes
of genocide committed on the territory of the municipality of
Srebrenica in the case of which the victims and the perpetrators have
been identified.
7.1.1.l. On 6 May 1992, the Serb religious holiday of
St. George's Day, Muslim armed forces attacked the Serb village of
Gniona, burned it to the ground, plundered al1 property and killed the
following Serbs:
1. Lazar Simic (father: Milivoje), born 1936; and
2. Radojko MiloSevic (father: Rajko), born 1928.
MiloSevic was burned alive in his house. These were
peaceful farmers who were not members of any Serb armed
formations.
The Muslim armed forces who perpetrated this crime
were commanded by Naser Oric, born in 1967 in PotoCarivillage, and
Rifat Karovic, lbro Mujkovic, lbro Osmanovic, Behadin Mujkanovic and
others were also involved.
Evidence: 635194-23'
The time limit fixed by the Order of the C23rJuly1996 greatly restricted
the Respondent'spossibility of submitting al1the relevant evidence. However, it is
deposited, under the number indicated in the Counter-Memorial, with theCommittee
for Cornpiling Information on Crimes against Humanityand InternationalLaw and is
available to the Court and the Applicant.
352 7.1.1.2. On 8 May 1992, the following person was
ambushed and killed on the road leading to Srebrenica:
1. Goran Zekic, a Serb deputy in the Parliament of
Bosnia-Herzegovina.
The killing was committed by members of the Muslim
armed forces.
This crime was committed by Hakija Meholjic (father:
Husein) from Srebrenica, and Osman Osmanovic, Dievad Osmanovic
and Safet Mujic.
Evidence: 635194-22.635194-23and 718/96-36
7.1.1.:3. On 1 June 1992, members of Muslim armed
forces stationed in Brezovice attacked the Serb hamlet of Oparci,
burnt down the 22 Serb houses in the village and killed the following
Serb villagers:
1. Dragic Ilic (father: Dragutin), born 1939;
2. Ratko llic (father: hAomçilo),born 1942;
3. His brother UgljeSa, born 1939;
4. Milorad Petrovic (father: Drago), born 1923; and
5. Dikosava Petrovic (female, father: Drago), born 1932, whose throat
was slit.
The folllowing members of the Muslim army perpetrated
this crime: Akif Ustic, Huso Salihovic, Hajrudin Halilovic, Abdula Alic,
from the village of Brezovice, Sevdalija Begic from Piric, and Velkaz
Husic (or Husih).
7.1.1.4. On 21 June 1992, Muslim armed forces
attacked the village of Ratkovici in Srebrenica commune, whose
population is exclusively Serb, burned down the village and killed 18
Serb villagers:
1 . Obren Bogicevic (father: Vojislav), born 1932;
2. Stanoje Stanojevic (father: Vladislav), born 1949;
3. Desanka Stanojevic (female, father: Rado), who was burned in
her home;
4. Nikola Stanojevic (father: Todor), born 1958;
5. Radenko Stanojevic (father: Miiorad), born 1940, whose throat
was slit;
6. Vidosav Djuric (father: Luka), born 1930;7. Vidoje Rankic (father: Obrad), born 1928;
8. Milutin Rankic (father: Obrad), born 1944;
9. Ranko Rankic (father: Obrad), born 1933;
10. Vinko Maksimovic (father: Filip), born 1927;
11. Dragomir Maksimovic (father: Milorad), born 1949;
12. Radomir Maksimovic (father: Milorad), born 1942, who succumbed
to torture;
13. Cvijeta Milanovic (female, father: Risto), born 1925;
14. Novka Pavlovic (female, father: Milorad), born 1945;
15. Zora Prodanovic (female, father: Drago), born 1941;
16. Zivana Prodanovic (female, father: Petar), born 1966;
17. Milovan Pavlovic (father: Josa), born 1919; and
18. Milan Jakovljevic (father: Stojan), born 1920.
Mehmed Alic, also known as "Kadic", from Dedici and
Hajrudin Osmanovic from Potkorjen, persons with the surnames
Medic, Potkorjenovic, Martic, Poznanovic and Osmanovic, and Behaija
Martic, Osman Zukic, Andrija Osmanovic and ReSid Halilovic were
recognised among the perpetrators of this crime.
Evidence: Findings and opinion of Dr Zoran Stankovic,
442195-3,493194-18,635194-25and 635194-26.
7.1.1.5. Muslim armed forces attacked the Serb village
of Breiani in Srebrenica commune on 30 June 1992 and killed the
following 19 Serb villagers:
1. Radovan Petrovic (father: Djolo), born 1923;
2. Milo3 Novkovic (father: Rado), born 1956;
3. Dostana Lazic, (female) born 1919;
4. Djuka Lazic (father: Pavle), born 1935;
5. Vidoje Lazic (father: Pavle), born 1937;
6. Kristina Lazic (female);
7. Milenko Dragicevic (father: Ilija), born 1974;
8. Ljubomir Josipovic (father: Milenko), born 1975;
9. Pero Krstajic (father: Vlada), born 1935;
10. Milo3 Krstajic (father: Vlada), born 1937;
11. Stanko MiloSevic (father: Luka);
12. Vidoje MiloSevic (father: Milovan), born 1974;
13. Milivoje Mitrovié(father: DragiSa), born 1930;
14. Stanoje Mitrovic (father: Milivoje), born 1963;
15. Milisav Rankic (father: Mika), born 1947;
16. Dragoslav Rankic (father: Milisav), born 1974;
17. Mirko Rankic (father: Milisav), born 1972;
18. Milomir Stevanovic (father: Vladislav), born 1946; and
19. Dragan Stjepanovic (father: Stjepan), born 1961. Milo5 hlovakovic from the hamlet of ~icevac was found
decapitated and Vidoje Lazic burnt, and Kristina Lazic, Milisav Rankic,
Dragoslav Rankic and Mirko Rankic were burnt in their homes.
The perpetrators of this crime included, among others,
the following members of the Muslim armed forces: Hakija Meloljic,
Arif Ustic, Huso Halibvic and Vehbija Jahic.
Evidence: Witnesses - 493194-9, 493194-5, 493194-8,
493194-7, 635194-9and 493194-6, and findings of forensic expert Dr
Z. Stankovic.
7.1.1.6. On 5 July 1992, members of the Muslirn armed
forces attacked the village of Krnjici in Srebrenica commune, killing 16
people, al1of Serb nationality:
1. Boban Lazarevic (father: Spasoje), born 1965, priest of the
Serbian Orthodox Church;
2. Sredoje Jovanovic (father: Nedeljko), born 1947;
3. Miroslav Jovanovic;
4. Dragutin Dimitrijevic (father:MiloS), born 1961;
5. Srpko Aksic (fatheir: Novak), born 1972;
6. Rade Trimanovic (father: Petko), born 1961 ;
7. RadoS Maksimovic (father: Mirko), born 1968;
8. Milenko Maksimovic (father: Rista);
9. Milo3 MiloSevic (father: Ostoja), born 1961;
10. NebojSa MiloSevic (father: Zoran), born 1975;
11. Milja Micic (female);
12. Vaso PoraCa, born 1912, whose throat was slit;
13. llija Simic, born 1922;
14. Veljko Simic (father: Milosav), born 1953;
15. Vlajko Vladic (fat8her:Petar), born 1934; and
16. Soka Vujic (female).
Evidence: 493194-12, 493194-13 and 49/95.
7.1.1.;'The Serb village of Zalazje in the commune of
Srebrenica was attacked by Muslim armed forces on 12 July 1992,
and 38 Serb villagers were killed:
1. Svetozar Lakic (father: Cvijetin), born 1951;
2. DuSan Blagojic (father: Slobodan), born 1946;
3. Radinka Cvijetino'vic (female, father: Dragomir), born 1952, whose
body was badly mutilated;
4. Ivan Cvijetinovic (father: Ranko), born 1953;
5. Svetislav Dragicevic (father: Tadija), born 1949;6. Zeljko Giljevic (father: Milorad), born 1970;
7. Nedeljko Gligic (father: Desimir), born 1948;
8. Ljubisav Gligoric (father:Nikola), born 1962;
9. Aleksa Gordic (father: MiloS), born 1955;
10. Slobodan llic (father: Milan), born 1946;
11. Milisav llic (father:reten), born 1957;
12. Luka Jeremic (father: Ljubomir), born 1927;
13. Ratko Jeremic (father: MiloS), born 1969;
14. Marko Jeremic (father: Ratko), born 1965;
15. Radovan Jeremic (father: Ratko), born 1963;
16. Milovan Lazarevic (father: MaliSa), born 1946;
17. Momir Lazarevic (father: Stanko), born 1955;
18. Branislav Pavlovic (father: Aleksandar), born 1957;
19. Gojko Petrovic (father: Jugoslav), born 1963;
20. Svetozar Rakic (father: Cvijetin), born 1951;
21. Momëilo Rakic (father: Ljubomir), born 1949;
22. Miodrag Rakic (father: Ljubomir), born 1959;
23. Mile Rakic (father: MomCilo), born 1966;
24. Dragomir Rakic (father: Borisav), born 1957;
25. Branko Simic (father: Gojko), born 1959;
26. Petko Sirnic (father: Gojko), born 1963;
27. Miladin Stanojevic (father: Vojin), born 1929;
28. Miroljub Todorovic (father: Radivoje), born 1961 ;
29. Radivoje Tomic (father: Bogoljub), born 1950;
30. Miladin Tubic (father: Rado), born 1955;
31. Radisav Vasiljevic (father: Radovan), born 1963;
32. Radisav Vasiljevic (father: Radovan), born 1965;
33. BoSko Vujadinovic (father: ~ivojin), born 1951;
34. Vaso Vujadinovic (father: Zivojin), born 1954;
35. Nedeljko Vujadinovic (father: Bogdan), born 1947;
36. Dragomir Vujadinovic (father: Milovan), born 1947;
37. Milovan Vujadinovic (father: Slavoljub), born 1948; and
38. DuSan Vujadinovic (father: Vasa), born 1940.
The following members of the Muslim armed forces
were identified among the perpetrators of this crime: Naser Oric
(father: Diemal), born 1967 in Potoëari, and Zulfo Tursunovic, Akif
Ustic and Hakija Meholjic.
Evidence: Findings and opinion of Dr Zoran Stankovic
and 68/94.
7.1.1.8. A Muslirn armed formation entered the hamlet
of Karno, the Serb village of Medje, the municipality of Srebrenica on
15 May 1992, and burned down al1 Serb houses and plundered Serb
property. The following Serbs were killed:1. Petrija Andric (female), born 1933;
2. Radivoje Subotic, born 1954; and
3. Milojko Gagic, born 1947.
The other villagers were taken to a camp in Srebrenica,
where they were tortilred and severely maltreated. Unabie to endure
the torture, Ljubica Gagic (female) committed suicide.
The Nluslim armed forces unit which committed this
crime was commanded by Nediad Bektic (father: Ramo), from the
village ofKaraCic. Zulfo Tursunovic from Suceska and other members
of Muslim forces tortured the Serb prison inmates.
Evidence: 493194-10, 493194-1 1, 509194-1, 509194-2,
509194-3and 371 194-2.
7.1.1.9. On 7 May 1992, in the village of OsmaCe in
Srebrenica commune, Muslim armed forces set up an ambush and
fired at two passenger and two freight vehicles, although they knew
the vehicles were carrying only Serb civilians. On that occasion they
killed:
1. Milojka Mitrovic (female, father: Slavko), born 1953;
2. Radosav Stjepanovic (father: Milovan), born 1956;
3. NebojSa ~oric (fatlier: Radomir), born 1966;
4. Zoran Vukosavljevic (father: Obren), born 1970;
5. Simo Tanasijevic (father: Manojlo);
6. Milivoje llic (father: Bogdan), born 1961; and
7. Danilo Petrovic (fa,ther:Radomir), born 1961.
The ambush was laid by Muslims from the village of
OsmaCe on the orders of Naser Oric, and the immediate perpetrator
was a person called Ramo or "Hlebara".
Evide~nce:493194-6, 635194-14, 635194-8 and 635194-9.
Annex No C 160, Ptiotos 1-2
7.1.1.10. At a place on the Srebrenica to Milici main
road called "~utica", on 21 May 1992, members of the Muslim armed
forces fired from an ambush at a lorry carrying Serb civilians and
killed:
1. Mladjen Petkovic (father: Dragoljub), born 1952;
2. Nedeljko Kandic;
3. Milenko KovaCevic (father: Milisav), born 1960;
4. Mico Lazarevic (father: Desimir), born 1974;
5. Miljana Obradovic (female, father: Vidoje), born 1941;6. Vojislav ~arac (father: Ilija), born 1925;
7. Slobodan ZeCic (father: Radoje), born 1959; and
8. Obrenija Ilic, (female) born 1958.
The ambush was organised by Becir Mekanic (father:
Jakub), and the attackers were Esad Muratovic (father: RaSid), Jusuf
Ahmetovic (father: Obranas), also known as "Juka", Mehudin
Osmanovic (father: Osman) and Sulejman Vejzovic (father: Suljo).
Evidence: 184195and 378194-1 4.
7.1.2.0. Bratunac
Members of the Muslim armed forces committed
numerous crimes of genocide against Serb inhabitants of the
commune of Bratunac. In this region, the following Serb villages
were razed to the ground: Rekovac, Zaluije, BiljaCa, Sikiric, Pirici,
Djepala, Pobrdje, Borici, Zagoni, Repovac, Mihaljevici, RijeCani, Plane,
Pilici, Gradina,Suha, Radijevici, Boljavic, Bradici, Popovici, Grujicevici
and PoznaSevici. Serb houses were burnt down in many other
villages in this area, and more than 500 Serb inhabitants were killed.
The following cases include only those where the victims and the
perpetrators have been identified.
7.1.2.1. The Serb village of Gornji MagaSic in Bratunac
commune was often attacked by Muslim armed forces. The severest
attacks were between 20 and 25 June 1992, when 12 Serb villagers
were killed:
1. Stojan Popovic (father ~ivorad), born 1967;
2. ~ivko Cvjetinovic (father: Vojislav), born 1950;
3. Ljiljana llic (female, father: Dusan), born 1975;
4. Zorka lliC (female, father: Marko), born 1947;
5. Milenija Ilic (female, father: Milorad), born 1944;
6. Ljubinka llic (female, father: Petar), born 1952;
7. Marjan llic (father: Radomir), born 1963;
8. Ljubica Milanovic (female, father:MiloS), born 1929;
9. Blagoje Popovic (father: Pera), born 1907;
10. Leposava Popovic (female, father: Rista), born 1919;
11. Ljubica Mirkovic (female, father: ivorad), born 1942; and
12. CvijetinDjuriEic (father: Nikolije).
Among the many members of the Muslim armed forces
who took part in this crime, witnesses have identified MehoOsmanovic (father: Jlunuz) from MagaSic, and saban Osmanovic,
~amil Hasanovic, Seinahid Avdic, Ramo Babajic, Mehidin Smailovic,
Nediib Demanovic and Hajrudin Osmanovic.
Evidencle:635/94-28, 635194-29and 635/94-30.
7.1.2.2. The Serb village of Jeiestica in Bratunac
commune was also frequently attacked by Muslim armed forces, and
many inhabitants were killed.
7.1.2.2.1. In an attack on this village on 8 August
1992, 55 Serb houses were burnt down and 9 Serb villagers were
killed:
1. Vojin Bogicevic (faither: Rado), born 1929;
2. Andjelko Mladjenovic (father: Ljubomir), born 1965; who was buried
without his head, which had been cut off and taken away;
3. Dragan MladjenoviC(father: Ljubomir), born 1960;
4. Savka Mladjenovic (female, father: Obren), born 1931;
5. Sreten Rankovic (father: MiloS), born 1962;
6. Milan Rankovic (father: Vlada), born 1935;
7. Savka Stjepanovic (female, father: Nedeljko), born 1951;
8. Milosav StjepanoviC (father: Obrad), born 1919; and
9.Srbo Djuric (father: Savan), born 1944.
Evidence: 68/94 and 635194-28.
7.1.2.2.2. On 7 January 1993, Serbian Orthodox
Christmas Day, Ml~slim armed forces again attacked the village,
burning the rest ofthie Serb houses and killing:
1. Radomir Jovanovic (father: Vujadin), born 1959;
2. BoSko Djukanovic (father: Mika), born 1928;
3. Nevenka Djukanovic (female, father: Rista), born 1946;
4. Ivan Djukanovic (f,ather:Vlada), born 1954; and
5. Krsta Djukanovic (father: Vlada).
The Ikiuslim armed forces were led in both attacks by
Naser Oric and included, among others, Zulfo Tursunovic, Ferid
Hodiic, Enver Alispahic and Alija Alispahic.
Evidence: 68/94 and findings of forensic expert Dr Z.
Stankovic.
7.1.2.3. The village of Loznica in Bratunac commune
was also repeatedly attacked by Muslim armed forces. Especiallysevere were the attacks of 28 June and 14 December 1992, when 31
Serb villagers were killed:
1. NebojSa VuEetic (father: Petko), born 1972;
2. Jovan Milovanovic (father: Gavrilo), born 1930;
3. Srecko Milovanovic (father: Radivoje), born 1943;
4. Miloje Damjanovic (father: Mitar), born 1971 ;
5. Djordjo Filipovic (father: Milisav), born 1949;
6. ~ivan Filipovic (father: Vladimir), born 1954;
7. Verica Filipovic (female, father: ivan), born 1957;
8. Radovan Lukic (father: Milan), born 1950;
9. Milenko Nikolic (father: Nedeljko), born 1963;
10. Milorad RanCevic(father:Mica), born 1960;
11. Svetozar VuCetic (father: Sreten), born 1957;
12. Jelena Stojanovic, (female) born 1952;
13. Jelena Stanojevic (female, father ~ivojin), born 1953;
14. Drago Jovanovic (father: Miladin), born 1962;
15. Milic llic (father: Vidoje), born 1972;
16. Todor Nikolic (father: Milovan), born 1951 ;
17. Slavomir Damnjanovic (father: Radivoje), born 1971;
18. Nedeljko Damnjanovic (father: Svetozar), born 1959;
19. Dragan Filipovic (father: Dragoljub), born 1969;
20. Dragoljub Filipovic (father: Milisav), born 1942;
21. Milan Jovanovic (father: Petko), born 1948;
22. Djoko Jovanovic (father: Petko), born 1956;
23. Milo3 Jovanovic (father: Veselin), born 1928;
24. ~eljko Kneievic (father: Vojislav), born 1966;
25. Kristina Lukic (female, father: ceda), born 1948;
26. Bojan Milkovski, born 1938;
27. Mladjen Petrovic (father: Boiidar), born 1958;
28. Miodrag Petrovic (father: Bogdan), born 1948;
29. Boro Todorovic (father: Krsta), born 1949;
30. Milenko VuEetic (father: Radovan), born 1947; and
31. Radovan VuCetic (father: Sava), born 1943.
Numerous members of the Muslim armed forces took
part in this crime, including Alija lbric (father: Muja), also known as
"Kurta", from cirici, Besim Salihovic (father: Avdo), Hida Salihovic
(father: Avdo) and ReSid Sinanovic (father: Rahman).
Evidence: 635194-38,635194-21and 635194-36.
7.1.2.4. The village of Zagoni in Bratunac commune
was burnt down in attacks by Muslim armed forces on 5 and 12 July
1992, and 21 inhabitants were killed, al1of Serb nationality:
1. Ljubica MiloSevic (female, father: Milovan), born 1939;
3602. Milo5 MiloSevic (fatkier: Jovan), born 1932;
3. cedomir TanasijeviS (father: Blagoje), born 1942;
4. Rajko Gvozdenovic (father: Sreten), born 1927;
5. Blagoje Gvozdenovic (father: Milorad), born 1944;
6. Rada Gvozdenovic (female, father: Radoje), born 1973;
7. Mileva Dimitric (femlale,father: Milorad), born 1912;
8. Marko Dimitric (father: Mitar), born 1974;
9. Matija JaSinski (fath~er:Stevan), born 1940;
10. Mihajlo Mihajlovic (father: Jevta), born 1951 ;
11. Milovan Dimitric (fisther: Mirko), born 1962;
12. DuSan MiloSevic (father: ~ivojin), born 1963;
13. Djordje MiloSevic (:father:Aleksa), born 1934;
14. Vidosav MiloSevic (father: Branko), born 1968;
15. DragiSa MiloSevic (father: Milko), born 1963; and
16. Miodrag Milosevic (father: Milko), born 1970.
In the same village, members of the Muslim armed
forces also tortured to death (the tortures included gauging out eyes,
breaking facial boneç and ribs, and stabbing in the stomach) the
following Serb civilianç:
17. DuSanka Paunovic, (female) born 1954, who was killed with a
sledge hammer;
18. Rada MiloSevic (female, father: Ilija), born 1968;
19. Miodrag Malovic (father: Ilija), born 1943;
20. Dragoljub Gvozdenovic (father: Miladin), born 1954; and
21. Miodrag JovanoviC (father: Jakov), born 1952.
The identified participants in this crime are: Muriz
Muratovic, Meho Oric and ldriz Muratovic.
Evidencie:635194-39,635194-40and 493194-27.
7.1.2.5. The village of Fakovic in Bratunac commune
was attacked on 5 October 1992 by members of the Muslim armed
forces and 17 Serb civilians were killed:
1. Desanka Boiic (fe'male,father: Radoje), born 1924;
2. Olga Markovic (fernale, father: Milovan), born 1935;
3. Slavka Markovic (female, father: Milovan), born 1931;
4. cuba Nikolic (female);
5. DaniIo Djuric, born 1910;
6. Miroslav lvanovic (father: Milan), born 1973;
7. Radoje Markovic (father: Sava), born 1941;
8. Radomir Markovic (father: Steva), born 1939;
9. Petko Nikolic (father: Milovan), born 1954;
10. Milovan Nikolic (father: Sreten), born 1923;
11. Radovan Savic (father: Jova), born 1965;12. Milomir Subotic (father: Blagoje), born 1959;
13. Milovan Djokic (father: Vlada), born 1936;
14. Sreten Djokic (father: Mileta), born 1938;
15. Djoko Djokic (father: Nedeljko), born 1955;
16. Svetozar Djokic (father: Sreten), born 1965; and
17. Vidoje Djukic (father: Radovan), born 1954.
Evidence: 635194-24, 635194-27, 378194-4, 378194-6,
442195-1 , 442195-2,493194-21,635194-37,and 635194-24.
7.1.2.6. Eight Serbs were killed on 5 October 1992 in
an attack of Muslim armed forces on the village of Boljevici in
Bratunac commune:
1. Milja Despotovic (female);
2. Petra Prodanovic, (female) born 1927;
3. Stojka Stjepanovic (female, father: Jovan), born 1922;
4. Stanija Vasic, (female) born 1930;
5. Radovan Djukic (father: Sreta), born 1932;
6. Milutin Ristic (father: Ljubisav), born 1940;
7. Zarija Ristic (father: Novica), born 1928; and
8. Vladan Vasic (father: Manojlo), born 1929.
The identified perpetrators of this crime are Naser
Mamutovic, Ibrahim Mujkic and Aris Ridjic.
Evidence: 68/94
7.1.2.7. On 14 December 1992, Muslim armed forces
attacked the Serb village of Bjelovac in Bratunac commune, burnt it
down and killed 24 Serb villagers:
1. Zlatan Bogicevic (father: Milenko), born 1957;
2. Miodrag Cvijic (father: Ilija), born 1972;
3. Slobodan Vitorovic (father: Vitomir);
4. Stevo Filipovic (father: Nedja), born 1951;
5. Milisav llic (father: Ilija), born 1957;
6. Milun llic (father: Mica), born 1939;
7. Zlata Jovanovic (female, father: MiloS), born 1911;
8. Radenko Jovanovic, born 1974);
9. Vida Lukic (female, father: Radivoje), born 1933;
10. Miroslav Marinëevic, born 1965;
11. Radivoje Matic (father: Ilija), born 1937;
12. Gordana Matic (female, father: Radivoje), born 1967;
13. Sneiana Matic (female, father: Radivoje), born 1965;
14. Mirko Miladinovic (father: Petko), born 1971 ;15. cedo Miladinovic (father: Petko), born 1975;
16. Slavko Milutinovic (father:ceda), born 1963;
17. Slobodan Nedeljkovic (father: Ratko), born 1970;
18. Mirko Petrovic (father: Krsta), born 1920;
19. Mirko Petrovic (father: Milan), born 1972;
20. Mitar Savic (father: Ostoja), born 1954;
21. Radovan Tanasic (father: Sreten), born 1923;
22. Rajko Tomic (fathier:~ika), born 1955;
23. Milorad ToSic (father: ~ivorad), born 1972; and
24. Zoran TriSic (father: Tomislav), born 1968.
A large number of members of the Muslim armed forces
took part in this attcick, including Alija Ibric, also known as "Kurta",
Hida Salihovic, Besirn Salihovic, ReSim Sinanovic and Sadim Zukic.
Evidence: 493194-26,635194-33, 635194-34,635194- 35,
635194-36,635194-38and 68194.
7.1.2.8..The village of Sikiric in Bratunac commune was
attacked by Muslim armed forces on 14 December 1992 and 21
villagers,al1of Serb nationality, were killed:
1. ~ivojin Ilic (father: Blagoje), born 1928;
2. Radojka llic (femalle,father: Kosta), born 1935;
3. Desimir Matic (fattier: Nikodin), born 1928;
4. Radovan Mitrovic (father: Bogosav), born 1948;
5. Srecko Mitrovic (father: Bogosav), born 1946;
6. Milomir NedeljkoviC (father: Bogoljub), born 1940;
7. Ljubisav Nedeljkovic (father: Obrad), born 1925;
8. Ratko Nedeljkovic (father: Svetislav), born 1946;
9. Slobodan Petrovic (father: Miladin), born 1976;
10. DuSan Prodanovic (father: Rade), born 1931;
11. Obrenija Rankic (female, father: Miladin), born 1934;
12. Zlatan Simic (father: Ranko), born 1961;
13. ~ivadin Simic (father: Svetolik), born 1946;
14. Radisav Simic (father: Svetolik), born 1937;
15. Grozdana Simic (female, father: Vasilije), born 1931;
16. DragiSa Stevanovic (father: Branko), born 1966;
17. Radenko Stojanovic (father: Sava), born 1973;
18. Milomir Tanasic (father: Ljubisav), born 1939;
19. Milan Tanasic (father: Petar), born 1957;
20. Obrenija TriSic (female, father: Obrad), born 1931; and
21. Novak VukSic (fcither: Srecko), born 1931.
This attack was carried out by the same Muslim armed
formation which carried out the attack on the village of Bjelovac.
. Evidence: 378194-2, 635194-37, 378194-7 and 68/94.
7.1.2.9. The village of Kravica in Bratunac commune is
inhabited solely by Serbs. It was attacked by more than 1,000
members of the Muslim army on 7 January 1993, Orthodox Christmas
Day, when 28 Serb civilians were killed:
1. Miladin Dolijanovic (father: DuSan), born 1963;
2. Negoslav Eric (father: Mikailo), was killed by a shot fired from
close range in the mouth;
3. Kristina Eric (female, father: Nikola);
4. Pajkan Gavric (father: Paja), born 1963;
5. Milovan Nikolic (father: Todosije), born 1946;
6. Risto Popovic (father: Kosta), born 1920; according to the forensic
report, his left hand was cut off, his skull was fractured on the left
side and he had been stabbed with a knife in the back of his neck;
7. Kostadin Popovic (father: Rista), born 1947;
8. Milan Stevanovic (father: Radovan), born 1973;
9. Slobodan Bogicevic (father: Jovan), born 1947;
10. Mara Boiic, (female) born 1909;
11. Stevo Boiic (father: Stojan), born 1951;
12. Novica Bogicevic (father: Slobodan), born 1976;
13. Krsto Lazic (father: DuSan), born 1933;
14. Miladin MomEilovic (father: Drago), born 1935;
15. Vaso Nikolic (father: Marko), born 1920;
16. Mitar Nikolic (father: Cvijan), born 1927;
17. Ljubica OpaEkic (female), born 1918, who was shot in the head
with a side arm, and, while stile alive, stabbed in the right side of the
chest with the sharp edge of an unidentified tool;
18. Boio Radovic (father: Drago), born 1943, who was shot in the
face at close range, and whose left hand was cut off;
19. Radenko Radovic (father: Ljuba), born 1974;
20. Dragan Radovic (father: Radosav), born 1968;
21. Vaskrsije Radovic (father: Djordje), born 1956;
22. Ratko ViSnjic (father: Todor), born 1949;
23. Tankosava Stevanovic (female, father: Vasilije), born 1938,
24. Lazar Veselinovic (father: Kostadin), born 1935;
25. Radoje Pavlovic (father: Radovan), born 1936;
26. Mile Saveljic (father:Sava), born 1964;
27. Vladimir Stojanovic (father: Stojan), born 1915; and
28. Stanoje Djokic (father: Stanko), born 1942.
The Muslim armed forces responsible for this attack
were commanded by Naser Oric, and included Ferid Hodiic, Zulfo
Tursunovic and Becir Mekanic. Eviderice: Findings and opinion of Dr Zoran Stankovic
68/94. 378194-2 and 378194-7.
7.1.2.10. On 27 May 1992, in the village of Konjevic
Polje in Bratunac commune, Muslim armed forces fired from an
ambush on the road from Sarajevo to Zvornik at a lorry carrying Serb
civilians to work in the bauxite mines. They killed immediately:
1. Novak Sukic (father: Milko), born 1962;
2. Zoran Popovic (father: Nenad), born 1959;
3. Djordjo Mijatovic (father: Milenija), born 1950; and
4. Stevo Simic (father: Novak), born 1953;
and later killed:
5. Milomir Vujadinovic (father: Jova), born 1960, who was taken
prisoner, and whose inutilated body was found 20 days later.
This attack was made on the orders of Ferid Fodiic
(father: Avdo), and the direct perpetrators were ~emsudin Salihovic
(father: Smajkan), Munib Alic (father: Adem), Meho Alic (father:
Muhan), Meho Mehmedovic (father: Muhan) and others.
Evidence: 184195-35 and 68/94.
7.1.2.1 1. In an ambush on the road from Zvornik to
Sarajevo in the village of Sandici at the end of May 1992, Muslim
armed forces killed the following Serbs:
1. Milutin MiloSevic (father: Steva), born 1948, chief of police in
Bratunac;
2. Jovo Blagojevic (father: Sreten), born 1973;
3. Dragica Matikosa (female, father: Stojan), born 1955;
4. Miodrag Vorkapic (father: Mile), born 1971;
5. Ivan lvanovic (father: Ratko), born 1970;
6. Dragan Petrovic (father: Desimir), born 1967;
7. Vesna Krdialic (female);
8. Aleksandar Grahovac (father: Mirko), born 1972;
9. ~arko Ivanovski; and
10. Sreto Suzic (father: Milan), born 1960.
Evidence: witnesses: 493194-22, 493194-23 and 493194-24
and the findings of forensic expert Dr Z. Stankovic. (Annex No C
157, pp. cl537 - ~15401~1541 - cl545 and Annex No C 160, Photo
3) 7.1.2.12. On 12 July 1992, in the village of Biljaca in
Bratunac commune, the following persons were killed in an ambush:
1. Dragomir Zivkovic (father: Nenad), born 1970;
2. Milivoje ~ivanovic (father: Dragan), born 1972;
3. Jovan Zivanovic (father: Cvijetin), born 1969;
4. Boiidar Jokic (father: Ivan), born 1968;
5. Dragoljub Jokic (father: Sava), born 1961;
6. BoSko KovaEevic (father: Andro), born 1969;
7. Nedeljko Mitrovic (father: Milojko), born 1965;
8. Zeljko Peric (father: Milorad), born 1973;
9. Milenko Savic (father: Branko), born 1968;
10. Dragan Savic (father: Laza), born 1953;
11. Tomo Spasojevic (father: Stjepan), born 1956;
12. Milan Djokic (father: Nedja), born 1967; and
13. Miroslav Andric (father: Stojan), born 1967.
The ambush was laid by members of Muslim armed
formations.
Evidence: 68/94.
7.1.2.13. On 24 December 1992, Muslim armed forces
killed the following Serb civilians in an ambush in the village of
Glogovo:
1. Milan ~ivanovic (father: Mirko), born 1974;
2. Mirko Dragicevic (father: MiloS), born 1947;
3. Stanko Gajic (father: Rade), born 1963;
4. Radovan llic (father: Stanoje), born 1953;
5. Mirko Kribl (father: Antonije), born 1949;
6. Radovan Milinkovic (father: Steva), born 1959;
7. Svetolik Milovanovic (father:Boia), born 1960;
8. Milisav Milovanovic (father: Radoje), born 1950;
9. Borivoje Obradovic (father: ceda), born 1944;
10. Milenko Petrovic (father: Jezdimir), born 1956;
11. Dragan Veselinovic (father: Slavomir), born 1965;
12. Petko Vujadinovic (father: DuSan), born 1958;
13. BoSko Zekic (father: Krsta), born 1949;
14. Dragan ~arac (father: Ranko), born 1964;
15. Vladislav Janic (father: Mirko), born 1948; and
16. Vlado Stamatovic (father: ceda), born 1953.
The Muslim forces who committed this crime were led
by Naser Oric (father: Cemal).
Evidence: 68/94 7.1.2.14. The report by Richard Boucher, spokesman for
the US State Department, dated 26 January 1993, States that
Bosnian Muslim forces from Srebrenica killed at least 60 Serbs,
mainly civilians, in villages around Bratunac. It adds: "As a result of
the hostilities, as many as 5,000 people - mainly women, children, the
elderly and wounded people -fled across the Drina to Ljubovija."
Evidence: Report by Richard Boucher, US State
Department spokesmsin, 26 January 1993.
In the territory of the municipality of Milici, there are
several villages populated exclusively or predominantly by Serbs.
Since the start of the armed conflict these villages were exposed to
attacks by Muslim armed forces and, previously, to threats with the
aim to expelling Serbs from that area.
7.1.3.11.On 10 June 1992, about 300 members of the
Muslim army attackeci the village of Rupovo Brdo in the commune of
Milici and burned do~vnal1Serb houses, took away Serb possessions
and killed the following Serb villagers:
1. Koviljkaiugic, (fernale) born 1922;
2. Relja Milinkovic (faither: Marinko), born 1941;
3. Radoje Milinkovic ~(father:Petar), born 1952;
4. Vojislav Milinkovic (father: Maksim), born 1938; and
5. his wife Mirjana Milinkovic, born 1939.
The Milinkovic couple were found burnt to death in their
house.
Vlado Milinkovic (father: Mileta), born 1948, Komljen
~ugic (father: MiloS), born 1925, and his son Trivko zugic, born 1954,
were taken away from the village. The fate of these people is not
known, but there are strong grounds for believing that they too were
killed.
Amon~gthe members of the Muslim armed forces who
carried out this attack, the following have been identified: Zulfo
Tursanovic from ~etjatelo village, Ibrahim Adinovic from Dilje, Mujo
Dehtic from ~utica, Becir Nekonic from ~edar and Fadil Turkovic
from Kupusko.
Evidence: 184195-31. 7.1.3.2. The village of Podravanje in the municipality of
Milici is populated only by Serbs. Muslim armed forces had
repeatedly attacked this village, and on 24 September 1992
surrounded it from al1sides, burned and looted houses, and killed 30
Serb inhabitants:
1. Vojin Jovanovic (father: Miloje), born1922;
2. Svetozar Jovanovic (father: Miloje), born 1933;
3. Rado Lazarevic (father: Obrad), born 1917;
4. Mileva Petrovic, (female) born 1948;
5. Milomir Petrovic (father: Marko), born 1951;
6. Mihajlo Mitrovic (father: Jova), born 1932;
7. Ruia Mitrovic, (female) born 1927;
8. Drago Mitrovic (father: Marko), born 1925;
9. Radovan Marinkovic (father: Andjelko), born 1938;
10. Milovan Marinkovic (father: MiloS), born 1955;
11. Rado Marinkovic (father: MiloS), born 1961;
12. Dikosava Marinkovic, (female) born 1938;
13. Milo5 Marinkovic, born 1935;
14. Miladin Perendic (father: Milisav), born 1924;
15. Tomislav Perendic (father: Savkan), born 1932;
16. Stanko Perendic (father: Blagoje), born 1935;
17. Spasenija Perendic, (female, father: Bogdan),born 1932;
18. Mitar ~arac (father: Cvijetin), born 1963;
19. DuSan Sarac (father: Veselin), born 1964;
20. Mirjana Sarac, (female) born 1943;
21. Milan ~arac (father: Manojlo), born 1929;
22. Gojko Tomic (father: Marko), born 1930;
23. Mihajlo Tomic (father: Marko), born 1941;
24. MilijanVasic (father: MiloS), born 1951;
25. Milisav Vasic (father: SlaviSa Nikolic), born 1960;
26. Dragan Nikolic, born 1960;
27. NebojSa Pavlovic, born 1971;
28. Rade Mudrinic, born 1961;
29. Borica Mitic, (female) born 1947; and
30. Djuradj Bogdanovic.
Post mortems have confirmed that many of the victims
were burnt in their houses. Some were decapitated, others had their
throats slit or their stomachs cut open. All houses, the school and the
cultural centre were burned down. A large number of members of the
Muslim armed forces took part in this crime, including Hasan Hirhic
(father: Mahmut), saban Delic, Sabrija Ajsic, al1 from Kutezer, and
Osman Memic and Hamed Hasanovic (father: Mehmed) from
Srebrenica. The attack was commanded by Naser Oric and Zulfo
Tursunovic. Evidence: 378194-1, 184195-34and 68/95.
7.1.3.3. Muslim armed forces attacked the village of
BreCane in Milici cominune on 24 September and 3 December 1992.
Posing as Serb soldiers, they drove a tank to the open-cast bauxite
mine and killed eight Serbs by crushing them with the tank, slitting
their throats or hitting them with bluntobjects. The victims were:
1. MilivojeSusic (father: Todor), born 1958;
2. Slavka ~alipurovic (female, father:Boiidar), born 1971;
3. Slavka Gordic (female, father: Mitar), born 1958;
4. Vidoje ~alipurovic (father: Milorad), born 1960;
5. Zoran Lalovic (father: Nedja), born 1961;
6. Miodrag Gligorijevic (father: Mijat), born 1956;
7. Rajko Pantic (father: Radojko), born 1943; and
8. ~eljko Milic.
Naser Oric, Zulfo Tursunovic, Becir Mekanic, Ibrahim
Ademovic and a large number of other members of the Muslim armed
forces took part in this crime.
Evidence: 378194-1 4.
7.1.3.4. Muslim military formations attacked the village
of Vandiici in Milici c:ommune on 8 February 1993, burnt the houses
of Serb villagers and killed the married couple:
1. Marko DoSic (father: Kostadin), born 1934; and
2. Marija DoSic (born 1939).
The kluslim armed forces which perpetrated this crime
were led by Ferid Hodiic (father: Avdo) from the village of Druma in
Vlasenica commune, and included ~abanija Hakic, Ramiz Mehmedovic
(father: Hakija) and Ibro Suljemanovic (father: Haban).
7.1.4.0. Skelani
Many villages in the commune of Skelani are inhabited
solely by Serbs. Ml~siim armed forces often raided these villages
killing the inhabitants. 7.1.4.1. A Muslim military formation attacked the village
of Cosici in Skelani commune on 16 January 1993, burning and
wounding many people and killing the following Serb villagers:
1. Novak Rakic (father: Radisav), born 1953;
2. Dragomir Rakic (father: Jova), born 1953;
3. Milomir Rakic (father: Jova), born 1957;
4. RadiSa Rakic (father: Slavko), born 1961;
5. Dragomir Rakic (father: Marjan), born 1940;
6. Mile lvanovic (father:Dika), born 1952;
7. Predrag lvanovic (father: Milo), born 1973;
8. ~elimir lvanovic (father: Milutin), born 1968;
9. Zarko Pavlovic (father: Milenko), born 1938;
10. Milorad Trifunovic (father: cedo), born 1958;
11. Tadija Rakic (father: Milorad), born 1930;
12. Damljan ~aksimovic (father: ~ika), born 1934;
13. Andjelko Pavlovic (father: Svetozar), born 1914;
14. Vidosava Trifunovic (female), born 1915; and
15. NebojSa Ilic (father: Predrag), born 1969.
Among the perpetrators of this crime, Naser Orie, Sakib
TrSic, lbro Dedic and Nusret Sulejmanovic have been identified.
Evidence: Findings of forensic expert Dr StaniSa Milic
and 378/94-24 and 493194-15. (Annex No. C 82, svedocenje
V.P./testemony V.P., pp. c825-~8291~830-c833)
7.1.4.2. The village of KuSic in Skelani commune is also
inhabited by Serbs. Muslim armed forces attacked it on 16 January
1993, burning it down, and killing 17 inhabitants. Three more Serbs
were killed in the neighbouring village of iabukovici. The victims
were: .
1. Radivoje Mitrovic, born 1942, who was shot in the left leg from a
distance, but was later stabbed and hit in the neck, head and back
with various sharp and heavy blunt instruments;
2. Milija Jakovljevic (father: Mitar), born 1957;
3. Mirko Mitrovic (father: Maksim), born 1939;
4. Milenko Jakovljevic (father: Milan), born 1946;
5. Novak Ristic (father: Cvetko), born 1951;
6. Vladislav Ristic (father: Lazar), born 1947;
7. llija Milanovic, born 1922;
8. Rado Ristic, born 1920;
9. DuSanka Milanovic (female), born 1920;
10. Milenko Todorovic (father: Stanoje), born 1928;
11. Nikola ~ivanovic (father: Jova), born 1921;12. Milenija Jankovic (female), born 1963;
13. Radinka Mitrovic ((fernale),born 1946;
14. Milenka Ristic (feinale), born 1930, whose death was caused by a
130 mm by 110 mm wound on the right side of the neck caused by
a blow with the sharp edge of an unidentified weapon, which cut both
carotid arteries, both interna1 jugular veins and the trachea, and
fractures of facialboiies caused by blows with a heavy blunt object.
The distal phalanxes of al1the victim's fingers were cut off.
15. lvanka Ristic (feniale), born 1950;
16. Mitra Ristic (fema.le,father.Novak), born 1974;
17. Mico Ristic (father:.Novak), born 1977;
18. Milenko Jakovljevic (father: Andjelko), born 1957;
19. Savo Maksimovic (father: Milovan), born 1932; and
20. Rosa Nedjic (female), born 1933.
The attackers were led by Naser Oric.
Evidence: 493194-1 4, 378194-5,635194-5and 635194- 10
and findings of forensic expert Dr Zoran Stankovic. (Annex No. C 42,
svedocenje Z.J.1testeinony Z.J., pp. c429-~4321~433-c435),(Annex No.
C 71, svedotenje M.M.6ltestemony M.M.6, pp. c728-~7311~732-c734),
(Annex No. C 72, svedocenje M.M.7ltestemony M.M.7, pp. c735-
~7391~740-c743), (Ainnex No. C 73, svedotenje S.M.2ltesternony
S.M.2. pp. c744-~748/~749-~752), (Annex No. C 91 , svedocenje
D.R.lltestemony D.R.l, pp. c913-~9171~918-c921)(Annex No. C 98,
svedotenje M.S.2ltestemony M.S.2, pp. cl 002-cl 005lcl006-c1009)
7.1.4.3. Skelani itself is mainly populated by Muslims.
The few Serbs who lived there were maltreated. In an attack by
Muslim armed forces on 16 January 1993, their houses were burnt
and the following chi:ldrenwere killed:
1. Aleksandar Dimitrijevic, born 1987; and
2. Rasa Dimitrijevic.
These crimes were committed by the rnembers of the
Muslirn armed forces listed in points 7.1.4.1. and 7.1.4.2.
Eviderice: 493194-2, 493194-3, 494194-4, 494194-13 and
635194-12. (Annex Pdo.C 22, svedocenje M.D.1testernony M.D., pp.
c215-~2171~218-c219)(Annex No. C 23, svedocenje M.D.1testemony
M.D., pp. ~220-~224ic225-~227)7.1.5.0. Srbinje (FoEa)
The population of the commune of FoEa (Srbinje) was
about half Muslim and half Serb. Muslims organised attacks on parts
of the commune with the aim of destroying the Serbs. They attacked
Josanica, Jabuka, Poljice in Miljevina and other villages, ambushed a
lorry carrying a large number of Serb civilians, carried out aseries of
attacks in which they killed individuals, whole families and groups of
Serbs, and on several occasions mined roads, causing the deaths of
many Serb civilians. Investigators identified the victims and collected
other evidence.
7.1.5.1. Acting on the orders of Ferid BuljubaSic, Muslim
forces of the First Drina Brigade from Goraide placed an anti-tank
mine on the road from Foca to Cvilin, which is used exclusively by
local Serb civilians, in Ribari inoCa commune. A freight vehicle with
the licence number GZ-583-13, which was carrying workers from the
KPD agricultural combine in FoEa, hit the mine on 24 March 1993.
On this occasion the following four Serb civilians were killed:
1. Novica Mojovic, born 1935;
2. Vidoje Kunarac, born 1949;
3. Dragoljub Avram, born 1964; and
4. Milivoje Drakul, born 1939.
Three other perçons were slightly wounded.
Evidence: 264/94-1 and 445195-1 7
7.1.5.2. Members of Muslim armed forces (Salem
Kunovac, Zijad Siljak, ESef Kunovac, Beg BuljubaSic) raided the village
of Zebina Suma, near FoCa, at the end of April 1992, and shot dead
the following Serbs:
1. Vlada FuStar, born 1926; his wife
2. Jela FuStar, born 1924; and their son
3. Milo FuStar, born 1966.
After the murders, the family's house was set on fire.
The bodies were found on 8 May 1992 near the house
and identified on 9 May 1992.
Evidence: 263/94-3. 7.1.5.3. In the village of Gornja Brda in FoCa commune
on 13 April 1992, members of the Muslim armed forces killed the
following Serbs:
1. DuSan Davidovic, born 1946; and
2. Vaso Dragicevic, blorn 1950.
This crime was committed by members of the Moslem
armed forces.
7.1.5.4. In an attack on the village of Jabuka in FoCa
commune on 30 April 1992, members of the Muslim armed forces
killed the followingSerb girl:
1. lvana Vukovic, born 1987.
7.1.5.!5. In the village of MiruSic in FoCa commune on
20 May 1992 members of the Muslim armed forces killed:
1. ~ivko Markovic, born 1931, cutting off his head and left hand,
skinning parts of his body, slitting open his stomach and pouring in
salt.
The Muslim soldiers then burned down the village of
MiruSic.
7.1.5.6. In the village of Gornja Slatina in FoCa
commune, on an as yet unknown date in the summer of 1992,
members of the Nluslim armed forces killed the following Serb
civilians:
1. Milan ZeCevic;
2. Marko Viiotic;
3. Mr Jankovic; and
4. Mrs Jankovic.
These people were knifed to death in their homes and
the Jankovic's house was burnt down.
Evidence: 64/93, 175/94 and 21 0194.
7.1.5.7. In the summer of 1992, in the village of Bastasi
in FoCa commune, Muslim armed formations killed the following
Serbs:
1. ~arko Milanovic (father: Milutin), born 1930;
2. Sava Milanovic (father: Rajko), born 1965;
3. Petar Damjanovic; and his wife
3734. Esma Damjanovic.
7.15.8. In the summer of 1992 in the village of RadoviS
in FoEa commune, members of the Muslim armed forces killed the
following Serb:
1. Luka Vukovic (father: Vlado), born 1961.
The crime was committed by members of the Muslim
armed forces.
7.1.5.9. In the summer of 1992 in the village of
KrmaluSa in FoEa commune, members of Muslim armed forces killed:
1. Rajko Trivan, 67, after savagely torturing him, burying him alive
and lighting a fire on his chest.
They also killed the mentally sick
2. Aleksa Elez, 62, who was burnt alive in his home.
7.1.5.10. Muslim armed forces attacked the village of
Bujakovina in FoCa commune in the summer of 1992. They killed and
mutilated the following Serb inhabitants:
1. DuSan Kalajdiic, 75;
2. Joka Kalajdiic;
3. Milisav Govedarica, 18;
4. llija Govedarica;
5. llinka Govedarica (female);
6. Jovo Vucetic, a blind 70-year-old man;
7. Milka VuCetic (female);
8. Milan VuEetic; and
9. Vidosava VuEetic.
Their homes were burned down.
The following members of the Muslim armed forces
participated in this crime: ldriz Didovic, Murat Muslim, Bekan ~iga,
Selim Begovic, Muhamed ~ehovic, lbro Spaho and others.
7.1.5.11. In the summer of 1992, in the village of
Straganci in the commune of FoEa, members of the Muslim armed
forces killed the following Serb civilians in their homes:
1.Mico Stanic; and
2. Jelena Golubovic (female).
Their houses were burnt down.
374 7.1.5.12 I. the summer of 1992 members of the
Muslim armed forces raided Serb houses in the village of ~tovic in
FoCacommune and slaughtered the following Serb civilians:
1. Savo KovaC (father: Mirko), bo1924;and his daughter
2. Branka KovaE, born1963.
Evidence: 128195-1
7.1.5.13.n the village of Ruli in FoCacommune in July
1992, members of the Muslim armed forces killed the old married
couple:
1. Novica Joknic; and his wife
2. Stoja Joknic.
The victims were botlh ov70 and were the only Serb inhabitants of
the village.
7.1.5.1 4n 7 July 1992 in the village of Milotina in
FoCa commune, meirnbers of the Muslim army killed the following
Serbs:
1. Momir Djurovic; arid
2. Djordje Mastil7f!, ho was mutilated with an axe.
7.1.5.1 5abuka is a rural district with many Serb
villages: ModroPolje, Racici, Tahuljici, Draievo, Jamici, Stoklovici,
Podgrdje, Hodiici, SlavCici, Ljaljice, Kolakovici, Podstojana, Rosulje
and Skakavac.
Using the same tactics as were used in Josanica, these
villages were surrounded and attacked on23 July 1992. On this
occasion, theollowir~38 people were killed:
1. Ostoja Cosovic, bor1930;
2. Sofija ~osovic (feinale), 1931,from Kolakovici;
3. Miladin ~osovic, bo1927, from Lokvi;
4. Obren Cosovic, born1934,from Kolakovici;
5. Borko ~osovic, bor1928, from Kolakovici;
6. Miladin Ikonic, bo1920,from SlavCici;
7. Radivoje Trivun, bo1925, from Kolakovici;
8. Ranko Simovic, born1967,from Postijen;
9. Milenko Kapuran, bor1964, from Milotina;
10.Mirko Cosovic, bor1932, from Kolakovici;
11.Benko KovaE , born1965, from Ljaljica;
37512. Sreto DraSko, born 1965, from Ljalica;
13. Rade Mastilo, born 1936, from Podrid;
14. Rajko Mastilo, born 1956, from Podrid;
15. Milenko Mastilo, born 1956, from Podrid;
16. Milo3 Trivun, born 1918, and his wife
17. Andjelka Trivun, born 1924, from Rosulje;
18. Marko Mastilo, born 1909, from Podrid;
19. Milo3 Vukovic, born 1920, from Kolakovici;
20. Predrag Bilinac, born 1972, from Podgrab;
21. Rajko Bojat;
22. Jova Blagojevic;
23. Milovan Skakavac;
24. Marko Skakavac;
25. Rade Skakavac;
26. Lazar Simovic;
27. llija Kovai: ;
28. Pero Dubovina;
29. Milan Golubovic;
30. Novo Golubovic;
31. Dragan Golubovic;
32. Milorad Golubovic;
33. NjegoS Savic, who was first wounded, then finished off with an
axe;
34. Pejka Golubovic (female);
35. Veljko Elez;
36. Milorad Elez;
37. Radoje Stankovic; and
38. Stana Vujicic.
7.1.5.16. Members of the Muslim army attacked the
village of Slatina in FoCa commune on 27 July 1992 and butchered
the Serb civilian.
1. Dejan MaliS.
7.1.5.17. Muslim armed forces attacked the village of
Preljuca in FoCa commune on 30 July 1992, killing nine Serb
civilians:
1. Milan Funduk;
2. Milan Matovic;
3. RadiSa Patic;
4. Vladimir Radovic;
5. SlaviSa Drakul;
6. Ranko Sekulovic;
7. Mitar Brkovic;
8. Milovan Mandic; and9. 6020 Davidovic.
Petrol was poured over the bodies and they were burnt.
7.1.5.18. Members of the Muslim armed forces killed
the following Serb farmer while he was working on his farm in the
village of Curevo in IFoSacommune on 8 August 1992:
1. ~arko Paprica.
7.1..5.19. On 7 September 1992 the Muslim armed
forces attacked the village of Poljice in FoSa commune (Srbinje)
exclusively populated by Serb inhabitants. The objective of this attack
was to kill al1the Serb civilian population from this village, burn down
their houses and other facilities so that al1 traces of their existence
would be obliterated. During the attack on this village they killed al1
Serb civilians who happened to be there:
1. Grujo Miljanovic (father: Nedja), born 1960;
2. Savo Drakul (father: Pera), born 1923;
3. Drago Drakul (fathisr: Vlada), born 1958;
4. Radivoje Jovovic (father: Trifko), born 1937;
5. Andjelko Mrgud (fadher:Gojko), born 1957;
6. Sreten Milidrag (father: Dobro), born 1972;
7. Vlado Drakul (father: Rade), born 1941;
8. Mirko Jovovic (father: Blagoje), born 1934;
9. Petar Jovovic (father: Mitar), born 1925;
10. Milojko Jovovic (father: Sava), born 1937;
11. Nada Elez (female, father: Sima), born 1970;
12. Stevan Elez (father: Petar), born 1942;
13. Slavko Elez (father: Todor), born 1938; and
14. Spaso Ognjenovic (father: Spasoje), born 1943.
All houses and other buildings in the village were burnt
down.
Evidence: 128/95, 445/95-1 3, 445/95-14, 445/95-15.
7.1.5.20. The local road between Kalinovik and Miljevina
lies on the territoryof the Republic of Srpska and is used exclusively
by Serb civilians froni this district, as Muslim armed units knew.
In the village of Vratilo on 20 September 1992, the
Muslim armed forces ambushed a freight vehicle carrying 39 Serb
civilians on the road from Miljevina to Kalinovik. They shot at the
people from close riange and killed al1 the 33 men and six women
who had been in the vehicle. The following victims have been identified:
1. Novak Golijanin;
2. Slobodan Mastilo (father: Lazar), aged 16;
3. Velibor VlaSki (father: Jovo), aged 19;
4. DuSko Mastilo (father: Lazar), aged 20;
5. Veselin Nogo (father: Rajko), aged 24;
6. Radomir Popovic (father: Nikola), aged 25;
7. Milica Saric (female), aged about 25; and
8. Danilo Cicovic (father: Bratislav), aged 28;
9. Milorad Vukovic (father: Vlado), aged 29;
10. Ranko Andric (father: MiloS), aged 30;
11. Gordan Miletic (father: Radovan), aged 30;
12. Rajko Klepic (father: ceda), aged 30;
13. Petko Mijatovic (father: Janko), aged 30;
14. Mladjen Stankovic (father: Jova), aged 30;
15. Mladjen Popovic, aged 30;
16. Velimir Ognjenovic (father: Sima), aged 32;
17. Milorad Stanic (father: ~ivko), aged 33;
18. Milan Nogo, (father: Veljko), aged 34;
19. Radomir Bozalo (father: Milorad), aged 35;
20. Slavko Obucina (father: Drago), aged 36;
21. Milisav Vasovic (father: Nedja), aged 37;
22. Slavko ~kobo (father: Jovo), aged 41;
23. Vid Stankovic (father: Nikola), aged 41;
24. Vujadin Lekso (father: Spasoje), aged 44;
25. Milenko Vukovic (father: Marko), aged 45;
26. Risto Trifkovic (father: Milan), aged 48;
27. Mato Elez (aged 50).
28. Ratomir Golijanin (father: Drago), aged 51;
29. Savka Golijanin (female, father: Branko), aged 52;
30. Rade Andric (father: Gojko), aged 53;
31. Milovan Saric (father: Marko), aged 55;
32. Cvija Obucina (female, father: Branko), aged 62;
33. Mi30 Miletic (father: Marko), aged 65;
The bodies of three men and three women have not
been identified.
The Muslim armed formation that carried out the attack
was commanded by Sead Prazina from the village of JelaEe.
Evidence: 128195and 263194.
7.1.5.21. Members of the Muslim armed forces attacked
the village of Ozarevina in FoSa commune on 16 November 1992,
and killed the following Serb villagers:1. Staka Pljevaljcic (female), born 1924;
2. Vojo Kulic, born 1944; and
3. JagoS Krsmanovic, born 1936.
7.1.5.22. JoSanica is the area in the territory of Srbinje
commune, not far firom Goraide and Hadiici communes, through
which the river of the!me name flows. Of the many villages in the
area, 10 hamlets were exclusively populated by Serbs: Gopici,
Hodiici, Brajkovici, Nledanovici, Bogovici, ~kobalje, Vasadici, Ostrmci,
Baidare and Bjelice. These were small hamlets with between two and
six inhabited houses each. They had a total of 70 inhabitants and
were part of the same local administrative district.
On 18 December 1992 a review of 600 members of the
Muslim army from the Goraide area was held in the village of
Sadba. They included many Muslims from villages in the Jabuna area
and other villages iin Srbinje commune who had volunteered en
masse for this action. It was normal practice for local Muslims to
volunteer for actions of this kind. The troops were reviewed and given
orders to raid al1 villages in the JoSanica area, kill al1 the Serb
civilians that they found and burn down al1 houses and other
buildings. The next rnorning this unit took advantage of the fact that
this was Saint Nicholas Day, an important Orthodox Serb holy day,
and almost al1 Serb villagers were either celebrating at home or in
the houses of their friends and neighbours. The Muslims divided into
groups of 60 and surrounded every village in the area before they
had been noticed. A signal flare was fired early in the morning on 19
December 1992, and al1the groups launched simultaneous attacks on
the villages withcries of "Allahu Akbar!" (Allah is Great) and "Catch
them alive!" The (attacks lasted until noon. The Serbs tried to
defend their families and homes, but the Muslim attackers
outnumbered them ten to one and al1 resistance was soon crushed.
The Muslim soldiers were commanded by Hadio Efendic, the then
president of the conimune of Goraide and later ambassador of the
Bosnia-Herzegovina in Vienna, and Zaim Imamovic, deputy
commander of the East Bosnian Operational Group (IBOG) in
Goraide.
In these attacks, 51 Serb civilians were killed:
1. Miroslav Blagojevic (father: Milo), born 1968;
2. Lazar Blagojevic (father: Branko), born 1939;
3. Dragomir Blagojevic (father: Svetislav), born 1953;
4. Radomir Blagojevic (father: Mladjen), born 1947;
5. Radomir Jegdic, born 1940;
6. SlaviSa lkonic (father: MiloS), born 1969;7. Milja Jegdic (female, father: Djordje), born 1924;
8. Mileva Jegdic (female, father: Pero), born 1950;
9. Vlatko Jegdic (father: NeSo), born 1938;
10. Miladin ViSnjic (father: Vukola), born 1940;
11. Jela ViSnjic (female, father: Djoka), born 1942;
12. Rade ViSnjic (father: Todor), born 1938;
13. Tomo ViSnjic (father: Vasilije), born 1947;
14. Dragoljub ViSnjic (father: Vukadin), born 1953;
15. Draien ViSnjic (father: Dragoljub), born 1986;
16. Dragana ViSnjic (female, father: Dragoljub), born 1983;
17. Ranka ViSnjic (female, father: BoSko), born 1967;
18. Zora ViSnjic (female, father: BoSko), born 1969;
19. Vlatko ViSnjic (father: BoSko), born 1970;
20. Zorka ViSnjic (female, father: Vasilije), born 1925;
21. Vukadin ViSnjic (father: Pavle), born 1928;
22. Goja ViSnjic (female, father: Milan), born 1948;
23. Stojka ViSnjic (female, father: Savo), born 1924;
24. Novak MiSevic (father: Gojko), born 1954;
25. Gojka Stojanovic (female, father: Vasilije), born 1953;
26. Danilo Kulic (father: Pero), born 1919;
27. Vinka Kulic (fernale, father: Marko), born 1939;
28. Pero Kulic (father: Lekso), born 1939;
29. Stoja Kulic (female, father: Vlado);
30. Stana Kulic (fernale, father: Dragan), born 1931;
31. Vida Kulic (female, father: Simo), born 1936;
32. Persa Kulic (female, father: Ignjat), born 1937;
33. Miroslava Kulic (female, father: Milo), born 1967;
34. Risto Kulic (father: Milovan), born 1929;
35. Slavojka Kulic (female, father: Mico), born 1942;
36. Milosav Davidovic (father: Djordje), born 1930;
37. Novica Davidovic (father: Milosav), born 1956;
38. Branko Davidovic (father: Djordje), born 1933;
39. Danica Davidovic (female, father: Pero), born 1931 ;
40. Vukosava GrujiSic (female, father: Savo), born 1932;
41. Stana GrujaCic (female, father: Aleksa), born 1932;
42. Sreto GrujiSic (father: Jovo), born 1937;
43. Marko GrujiSic (father: Nedjo), born 1966;
44. Nedjo GrujiEic (father: Jovo), born 1930;
45. Milanka Stevanovic (female, father: Mitar), born 1940;
46. Milosav lvanovic (father: Savo), born 1933;
47. Momir Mihajlovic (father: Nedjo), born 1956;
48. Milivoje Radovic (father: Risto), born 1947;
49. Miodrag Markovic (father: Rajko), born 1969;
50. Mile Skipina (father: Branko), born 1953; and
51. Mile ViSnjic (father: Vukadin), born 1958. The victims include 14 women, three children and 13
persons over the age of 60.
In addition, the following persons have been reported
missing:
1. Olga ViSnjic (female, father: Mladen);
2. Stojka ViSnjic (femiale);and
3. Danka ViSnjic (female).
The following buildings were burnt down in these
attacks:
- in the village of Gapici: 3 Serb houses, 5 stables, and 3 huts;
- in Medanovic: 2 houses, 2 stables and 2 huts;
- in Brajkovic: 6 houses, 9 stables and 5 huts;
- in Baidar: 4 houses, 7 stables and 4 huts;
- in Hodiic: 7 houses, 10 stables and 8 huts;
- in ~kobalj 11 houses, 13 stables and 11 huts;
- in Bogovic : 2 houses, 5 stables and 2 huts;
- in Bjelica: 5 houseri, 7 stables and 5 huts;
- in Ostrmac: 8 housles, 15 stables and 8 huts;
- in Crnetic: 8 houseis, 14 stables and 8 huts; and
- in VaSadic: 1 house, 1 stable and 1 hut.
About 20 Serbs in JoSanica survived this
massacre. But sinlce their houses and other property had been
destroyed, al! moved away and most now live in the town of Srbinje
or other villages in the commune.
Evidence: 263194-2, 445195-1,445195-2, 445195-3,
445195-4, 445195-5, 445195-6, 445195-7, 445195-8, 445195-9,
445195-1 0, 445195-11 and 445195-1 2.
7.1.5.23. The massacre was also reported in "The
Times" on 23 Septernber 1993:
"The Bosnian Serbs asked the UN Commission on War
Crimes to investigate the massacre, which they Say was one of the
worst crimes committed by the Muslims against the Serbs. They Say
that 57 people were massacred in a surprise attack last Christmas on
10 villages situated in a valley near FoCa in eastern Bosnia. They
also Say that al1 the victims, except two, were civilians. In Bosnia
crimes like these are seldom confirmed by the alleged perpetrators,
but a captured Muslim soldier confirmed the larger part of this story
to the BBC. The attack, about which there have been no previous
reports outside the former Yugoslavia, was launched in the morning
of December 19 last year in JoSanica valley. The local Serbs, who
have put together files with photographs as evidence for the UN, Say
that as many as 600 Muslims surrounded the ten hamlets during the
night.
According to the accounts of survivors, a signal flare
was fired at 7.00 a.m. which, the Serbs Say, marked the beginning of
a two-hour orgy of shooting, burning and killing. They say that when
it was over only 13 of the 70 inhabitants of the valley were still alive.
The BBC reporter interviewed in FoCa prison saban
Kurtovic, a Muslim soldier who admitted taking part in the attack. This
former security guard insisted that no one had forced him to speak
and that he had been offered no deal by the Serbs. He was a
member of the Third Battalion of the First Drina Brigade stationed at
Mravinjci,a village near Goraide, and was captured last June.
... He said that up to 350 men had taken part in the
attack and added: 'We knew that we were going against civilians. No
one even tried to tell us that we were going against the Serb army
or that we were going to take some important portion of territory'.
He said that the Muslim soldiers had drunk great
quantities of alcohol en route to JoSanica, where they then split into
10 groups, each with its own target village. During the attack the
Serbs did not fire and the Muslims had no casualties".
(The Times, 23 September 1993.)
7.1.6.0. Konjic
Konjic is situated to the southwest of Sarajevo and
north of Mostar. It is 59 kms from Sarajevo and 71 kms from Mostar
by road. A railway track links Konjic with boththese cities.
Prior to the outbreak of ethnic conflicts there were
about 35,000 inhabitants in the area of the commune, of which Konjic
is the administrative centre. Serbs accounted for about 15% of the
population, while the rest were mostly Muslims and Croats, with the
Muslims prevailing. There was an important arms factory called "lgman" in
Konjic, which manufactured ammunition and other supplies for the
JNA, and there were numerous ammunitiondepots in the vicinity.
The SDA won the elections in Konjic and assumed
power in coalition with the Croats. Soon afterwards various Muslim
and Croat armed unit!; were formed in the town.
The liduslims and Croats started displaying nationalist
insignia, separating from the Serbs and provoking them in various
other ways.
Among the first to Wear Muslim insignia was Hazim
Delic, who set up a shop selling Muslim religious and nationalist
badges, books and other objects across the Street from the local
school.
Muslirns started stealing ammunitionfrom the "lgman"
factory, both individually, in their pockets when leaving work, and on
a larger scale, taking it out in trucks when Muslim guards were on
duty at the gate. This is confirmed by numerous witnesses, including
a quantity control supervisor who was called to the factory after
working hours to check the quality of the material being stolen.
The IAuslim-Croat rule of terror over the Serbs lasted
until about 20 April 1993, when armed conflicts broke out between
the Muslims and the Croats. Power in Konjic was then assumed by
the Muslims, who have since then controlled al1 prison camps and
most of the territory of this commune. Smaller parts of Konjic
commune have since been under Croat or Serb control.
The first act of violence was comrnitted by Muslims,
who desecrated the recently renovated Orthodox Church in Konjic on
30 October 1990. The perpetrators were discovered but never brought
to justice.
By 28 April 1991 the monument of Maksim Kujundiic,
the Serb World Wier Two partisan hero from Konjic, had been
knocked down on three occasions.
The fir!;t Serb to be killed was:
1. Djordje Magazin, 70,
who was killed on 1 May 1992 by his neighbour, Camaga, while
repairing thefence a.roundthe church after it had been broken. Life for the Serbs became increasingly difficult in
Konjic.
In April 1992 the situation was so serious that armed
conflict was clearly imminent. That month enterprises and al1 other
institutions stopped working and Serbs were told not tocome to work
until further notice, which never happened.
A large number of Serb families left town, either
leaving the area altogether, or going to nearby villages where they
had been born and still had parents or other relatives.
The Muslims and Croats started to erect barricades to
prevent the free movement of Serbs.
Arrests began in the town in which very few Serbs
remained. lntellectuals and other respected Serbs were the first to
be targeted.
Realising that they would be attacked by the Muslims
and Croats, the Serbs in certain villages organised watches to avoid
being taken by surprise. They negotiated with the Muslims and
Croats about continuing to live together, and were given promises
that they would not be attacked, but these were not kept. Attacks
occurred on the very day for which new talks had been scheduled.
On 22 April 1992 the Konjic municipal authorities
ordered al1 Serbs to leave ~elebici within two hours, even though
there was no fighting there. On 4 May large numbers of Croats and
Muslims attacked and captured the military facility in~elebici, which
was manned by about 10 JNA soldiers.
On 7 May in the village of Diepi, the following person
was killed:
1. Mladenka Magazin (fernale), aged 22.
Over 200 Serbs left Diepi and the surrounding villages
of Vrdolje, Hum, Zagorice and ~ivalje as a result of this pressure,
and there are no longer any Serbs in Diepa or Vrdolje.
During May 1992 strong Muslim and Croat forces
attacked the following Serb villages:
9 May: Idbar;
384commander of Territorial Defense unit in Idbar; Sadik TeletoviC
(father: Omer), born 1950 in Drecenlj, Konjic; Ibrahim Dura (father:
Rasim), born 1970 in I(onjic, where he resides; Jakub Novalic (father:
Huso), born 1965 in Vrdolje, where he resides; Djerim Novalic (father:
Huso), born 1972; Fik.ret SubaSic, (father: Juso), from Idbor, Konjic;
Nenad Grlin; Kema Pripo, reserve policeman from Kralup; Ivan Jozic,
from PokojiSte, Konjic; Goran Jozic, from PokojiSte, Konjic; and Zija
Zukic from Kralup.
In addition to the above-mentioned crimes, 25 houses
were burned in the Serb village of Blace, 18 in BjelovCina, 20 in
Bjelimici, 10 inonje Selo, 8 in Ribari, 12 in Diepi and Vrdolje, 7 in
Bijela, 5 in ~elebici and 9 in Konjic.
On 15 July 1992 the parish offices of the Orthodox
Church commune iri Konjic were set on fire. The Church was
simultaneously demolished and looted, and the houses of two priests
were also burnt dowri.
7.1.6.2. Rapes in Konjic. It has been established that
Muslirns and Croats raped many Serb women in Konjic. Women were
raped in the camps in ~elebici, the Musala sports hall and Konjic
itself.
A group led by Adil Balic and Asim Makan was
particularly brutal. Investigations have identified the names of 15 men
who committed rape during the spring and summer of 1992.
On the basis of statements by Balic and Makan, it has
been established that at least 80 married and single women were
raped in this period. They described 53 individual cases of rape of
Serbian women, giving the exact place, time, details of the crimes,
and often the name of the victims.
The same group raped other women in the camp in
~elebici, where they were let in at night by the guards. In these
cases, they did not know the identity or even the exact number of
their victirns. The group led by Balic and Makan also committed gang
rape on women that they intercepted in the street and women into
whose homes they broke.
This; group was particularly brutal towards its victims.
Several of them took turns to rape them, employing threats,
psychological pressures and beatings. In one case, two HOS members intercepted a Serb girl
in the Street, forced her to go into a petrol station, where they raped
her and afterwards, kicked her out.
The known rapists are: Adil Balic, aka "Ros"; Rasim
Makan; Muja Hajdar, aka "Mujke"; Muharem Makan, aka; Senad
Makan; Nail Balic; Sakib Balic; Sadik Teletovic; Memun Mad ak;
Elvedin Balic;Sead Macic; Esad Landio; Ibrahim Hota; Esad Macic;
and Red20 Lap.
7.1.6.3. Bradina is a village inhabited exclusively by
Serbs and is surrounded on al1sides by Muslims and Croat villages.
Ante Pavelic, leader of the W.W.11Nazi puppet lndependent State of
Croatia, was born there. Pavelic has become a symbol of the new
Croatian state. Many Serbs were killed and al1 houses.were burned
down.
As early as April 1992, the Croats and Muslims erected
barricades around the village, demolished one tunnel on the
Sarajevo-Mostar highway and blew up the other, after which no one
could enter or leave the village.
Efforts were made to negotiate peaceful, neighbourly
co-existence, but the Muslims and Croats always broke the
agreements.
The first attack on Bradina, on 13 May 1992, failed.
In the afternoon of 25 May 1992, about 3,000 armed
Croats and Muslims led by Jasmin Guska, Zvonko Zovko and
Zdravko Mucic, aka "Pavao", attacked the village from al1 sides.
Bradina was defended by some 300 poorly armed Serbs. The fighting
lasted until 27 May 1992, when the attackers managed to enter the
village. During the attack about 300 mortar shells fell on Bradina.
The defenders withdrew to the forest in groups, but later surrendered
to Save the lives of their families, who had remained in the village at
the mercy of the Muslims and the Croats.
Ail civilians including old people, women and children,
were taken from their homes and held in the elementary school. Most
of the men were taken to the camps in ~elebici (where the allegedly
more dangerous prisoners were taken) or the Musala sports hall in
Konjic. Some passed through the police station or were taken to
other places. Some of the prisoners were killed that day. All captured
men were beaten, and other prisoners were insulted, humiliated and
maltreated in various ways.
On 13 July 1992. The Muslims raided the village in
large numbers and shut al1 the inhabitants - old people, women and
children - in the school. They then looted and burned down al1 the
houses. They held them in the school for about three days and then
transported them by freight train to Donje Selo and Cerici, banning
them from returning to Bradina.
Prisoners estimate that up to 700 Serbs were kept in
the school the first tirne, and about 300 the second time. They were
crowded into the clas;srooms, so that there was hardly enough room
to stand. They were maltreated and some were beaten up. The food
was very poor. On the second occasion soldiers fired shots through
the windows for two consecutive nights. By sheer luck, only a few of
the people inside sustained minor injuries.
Bradina is stillnder Muslim control.
7.1.6.4. The following Serbs were killed in Bradina:
1. Milorad Kuljanin;
2. Radenko Kuljanin;
3. Pero Kuljanin;
4. Ratomir Kuljanin;
5. Slobodan Kuljanin;
6. Drago Kuljanin;
7. Gojko Kuljanin;
8. Mirko Kuljanin;
9. Goran Kuljanin;
10. Nedeljko Kuljanin;
11. Sretko Kuljanin;
12. Milan Kuljanin;
13. Vaso iuia;
14. Branko ~uia;
15. Todor ~uia;
16. Jovo iuia;
17. Mirko Mrkajic;
18. Zoran Mrkajic;
19. Spasoje Mrkajic;
20. Rade Mrkajic;
21. Vojislav Mrkajic;
22. Jovo Gligorevic;
23. Nikola Gligorevic;24. Borislav Gligorevic;
25. Sava Gligorevic;
26. Malina Gligorevic (female);
27. Vaso VujiEic;
28. Dragan Vujiëic;
29. Bogdan KureS;
30. Jelenko Djordjic;
31, Andja Djordjic (female);
32. Sofija Djordjic (female);
33. Mara Djordjic (female);
34. NjegoS Koprivica;
35. Nedjo Draganic;
36. Ratornir Draganic;
37. Zdravko ~ivak;
38. Slobodan ~ivak;
39. Velimir ~ivak;
40. Tomo Zivak;
41. Veseljko ~ivak; and
42. Dragan ~ivak.
The following inhabitants of Bradina are missing
1. BoSko Djordjic ;
2. Danilo Djordjic;
3. Petar Djordjic;
4. Dragoslav Kuljanin;
5. Rajko Djordjic;
6. Slavko Djordjic;
7. Milovan Gligorevic;
8. Mara Gligorevic (female);
9. Zdravka Gligorevic (female);
10. Petko Kuljanin;
11. Sreten Kuljanin;
12. lkonija Kuljanin (female);
13. Milan Djordjic; and
14. Milo3 Hrnjez.
Bradina had around 750 inhabitants, al1 Serbs. No one
lives there any more. All 205 houses were burnt down.
In June 1992 the local Orthodox church was also
burned down. About 513Serbs are buried in two collective graves dug
in the church groundis with mechanical excavators. Some of them
were killed in the villiage and others in camps. Witnesses watched
being dug and filled again, and some were made to identify the dead
relatives.
Perpetrators: Hamid Spiljak; Fadil Spiljak; Zoko Zvonko
(father: Pera); Zovko Zvonko (father: Percan); Mandjuka (first name
unknown); D ek Rustan; Mehmedalija Rizvic; Brisa Skoljo; and Meho
Alibegovic.
Evidence for 7.1.6.0. (Konjic): 486194, 485194, 325195,
321194-3, 221194-5, 221194-6, 221194-11, 221194-12, 221194-15,
295194-4, 380194-1, 280-94-2, 421194-16, 421194-17, 421194-18,
421194-20, 421194-21. 421194-22, 421194-25, 421194-26, 421194-27,
421194-28, 421194-30, 607194, 100194, 630194, 509195-5, 282195,
243195-6, 243195-8, 274195, 147195, 86195, 292195-25, 4195-3,
440194-2, 334195-1, 282195, 243195-8, 274195 and 234195-11
(Annex No. C 76, svedocenje V.M.lltestemony V.M.l, pp. c769-
~7751~776-~785)
7.1.7.0. Rogatica
Serbs living in some villages in Rogatica commune
were frequently attacked by Muslim armed forces during 1992. Many
Serbs were killed, and many others were taken in an unknown
direction and have not been heard of since.
7.1.7.1. From May to June 1992, Muslim armed forces
killed the following Serbs in a number of villages in Rogatica
commune:
1. Milivoje Vukovic (father: Marko), born 1939;
2. DuSan Stjepanovic (father: Ljuboje), born 1935;
3. Milorad Vidakovic, born 1925;
4. Milija Rajak (father: Rade), born 1928;
5. Sima Radakovic (father: Filip), born 1907;
6. Jovan Jankovic (father: Todor), born 1939; and
7. Jovan Andan (father: Todor), born 1939.
All these people were killed on their farms while looking
after cattle or workinlg in their fields. 7.1.7.2. Members of Muslim armed forces killed the
following Serb civilian on the doorstep of his house in the village of
Pertin in Rogatica:
1. Danilo Vuëak (father: Rajko), born 1964.
Evidence: 514/96-27 and 405196-1
7.1.7.3. In the village of Obadi in Rogatica commune on
24 May 1992, Muslim armed forces killed the following Serbs:
1. Srdjan Markovic (father: Sekula), born 1968; and
2. Miodrag Rackovié(father: Radomir), born 1961.
Evidence: 514/6-27
7.1.7.4. In Rogatica in June 1992, Muslim armed forces
tortured and then killed the following Serb in his own home:
1. Radenko Cvijetic (father: Sava), born 1926, whose body they then
burned.
7.1.7.5. In the village of Kukavice in Rogatica commune on
an unknown day in July 1992, members of Muslim armed forces
killed the following Serb civilians in their home:
1. Vinko Komljenovic, born 1932; and his wife
2. Bosiljka Komljenovic, born 1932.
In the same village, members of Muslim armed forces
also killed the following Serbs:
3. Vito Gojkovic (father: Milo$), born 1946; and
4. Dane Eleta (father: Ilija), born 1928.
7.1.7.6. During an attack on the village of StarCici in
Rogatica commune on 5 July 1992, members of Muslim armed forces
killed the following Serb civilians byslitting their throats:
1. Zora Obradovic (father: Sava), born 1959;
2. Milomir Obradovic (father: Pera), born 1949;
3. Danijela Obradovic (female, father: Milomir), born 1973;
4. Darko Obradovic (father: Milomir), born 1976;
5. Dragan Kusmuk (father: BoSko), born 1959;
6. Miodrag Motika (father: Radomir), born 1953; and On the same occasion the members of the Muslim
armed forces killed the following captured soldiers of the army of the
Bosnian Serb Republic:
7. Goran Perovic (borii 1967); and
8. Dragan Husic.
This crime was committed by the following members of
the Muslim army: Clin0 Kahavediic; Saudin PekuSic; and Selim
Omeragic.
Evidence: 137195-7and 134195
7.1.7.7. In the village of Mislovo in Rogatica commune
on 7 July 1992, the following Serb was killed by members of the
Muslim armed forces.
1. Bogosav Veljovic, t~orn1929
7.1.7.8. In the village ofaroSiStein Rogatica commune
on 10 July 1992, members of the Muslim armed forces killed the
Serb:
1. Mladen Obradovic (father: Drago), born 1971.
7.1.7.9. In the village of Duljevac in Rogatica commune
on 13 July 1992, rniembers of the Muslim armed forces killed the
following Serb civilians:
1. Predrag Rajak (fatlher: Manojlo), born 1973; and
2. Aleksandar Obradovic (father: Pero), born 1976.
7.1.7.10. On 14 July 1992 in the village of Bijelogorci in
Rogatica commune, members of the Muslim armed forces killed the
Serb civilian:
1. Radovan Radakovlic (father: Stjepan), born 1940
7.1.7.11. Members of the Muslim armed formations
killed the followingSerb killed in his own home in Rogatica during
August 1992:
1. Andrija Paraiina, born 1924.
7.1.ï7.12. Members of Muslim armed formations killed
the following Serb married couple in their home in Mesici in Rogatica
commune on 9 Auguist 1992:1. Slavko LuEic (father: Milan), born 1935; and his wife
2. Slavka LuEiC,born 1935.
They first cut out their tongues and carved a letter "U"
(the Ustasha symbol) approximately 10 cm by 5 cm on Slavka LuEic's
chest, then killed the married couple with a sharp object which they
poked through the mouth towards the crown of the head.
Evidence: 137195-1
7.1.7.13. Muslim armed forces attacked the village of
Bulozi in Rogatica commune on 15 August 1992 and killed 10 Serb
civilians:
1. DuSan Krunic (father: Arsa), born 1954;
2. Brana Bojic, born 1953;
3. Radenko Ristic (father: Rista), born 1938;
4. Milka Vukadin (female), born 1953;
5. Pejko NeSkovic (father: Petko), born 1974;
6. Mara NeSkovic (female, father: Petko), born 1976;
7. Bojan NeSkovic (father: Petko), born 1971;
8. Vukosava NeSkovic, born 1925;
9. Nada NeSkovic (female), born 1954; and her son
10. Vlada NeSkovic. born 1978.
On the same occasion, they also took away the Serb
woman Stoja NeSkovic (father: Mile) who has not been seen or heard
of since.
7.1.7.14. Members of Muslim armed forces killed the
following Serb girl in the village of Kramer in Rogatica commune on
18 August 1992:
1. Minela Gladanac (father: Dragoljub), born 1976.
7.1.7.15. Near the village of Kukavica Muslim forces
attacked a column of Serb refugees heading from Goraide in the
direction of Rogatica, on 27 August 1992 and killed:
1. Dragica PjevaljCic (female), born 1941;
2. Andrija Stravnjak, born 1941 ;
3. Dalibor Matovic, born 1971;
4. Dragan Spasovic, born 1963;
5. Joka Ikonic (female), born 1927;
6. Sava PjevaljEic;
7. Rista ~osovic;
3968. BoSko Djorovic;
9. Milan Djurovic;
10. Milena Djurovic (female);
11. the Todorovic family;.
12. Matovic Borivoje
13. Novica Jagodic, and a large number of unidentified people
Evidence: 514196-27, 548/96-27, Annex No. C 39, svedoëenje
R.l./testemony R.I., pp. c398-c401/c402-c406, Annex No C 160,
Photos NO4-13
7.1.7.16. Members of the Muslim armed forces killed
the following Serb civilians on 30 August 1992 in front of their home
in the village of Dobromerovici in Rogatica commune:
1. Dusanka Ristic (fernale), born 1912; and
2. Radenko Ristic. born 1940.
7.1.7.17. Muslim armed forces killed six Serb civilians in
a raid on the villa~ge of Vraialice in Rogatica commune on 6
September 1992:
1. Ostoja Stojanovic (father: Manojlo), born 1930;
2. Milo Miladinovic (father: Slobodan), born 1973;
3. Radojka Pereula (female, father: Rajko), born 1948;
4. Stana Pereula (fernale, father: Gruja), born 1957;
5. Slobodan Miladinovic (father: Danilo), born 1944; and
6. Stana Miladinovic (female, father: Milorad), born 1946.
Many Serb homes and business premises were burnt
down during this raid.
7.1.7.18. In addition to the above-mentioned cases,
members of Muslim armed forces killed the following Serb civilians at
different times and places from June to October 1992 in Rogatica
commune:
1. BoSko Ljubinac (father: BoSko), born 1963;
2. Dragoljub Rajak (father: Rajko), born 1956;
3. DuSko Pajic (father: Rade), born 1967;
4. Novak Prelic (father: Marko), born 1960;
5. Stojko Perkovic (father: Radojko), born 1944;
6. Predrag Perkovic (father: Stojan), born 1954;
7. Dragan Bojovic (father: Boja), born 1966;
8. Momir Eric (fathelr: Ozren), born 1973;
9. Radenko Bjelakovic, born 1934; and his daughter10. Sonja Bjelakovic, born 1974;
11. Veljko Bojovic (father: Stevan), born 1939;
12. Jovan Bojovic (father: Stevan), born 1949; and
13. Miro Djokic, born 1956.
7.1.7.19. Muslim soldiers attacked the Serb village of
Mesici in Rogatica commune on 26 June 1992. On that occasion they
killed the following Serb in the settlement next to the hydro-electric
power plant:
1. Nedjo Gladanac (father: Ostoja), born in Mesici on 25 August
1922,
There were several bullet wounds in his body and
several stabs in his chest and neck.
Muslim soldiers came on the next day and hampered
Gladanac's funeral.
Evidence: 440194-21.
7.1.7.20. On 14 July 1992 in the village of Bora in
Rogatica commune, members of the Army of Bosnia-Herzegovinatook
prisoner the following wounded fighters of the Republic of Srpska:
1. Milenko Lazic (father: Vladimir); and
2. Milo3 Nikolic (father: Rade).
They stabbed the captured soldiers to death, most
probably with knives, gouged out their eyes and cut off their genitals.
Evidence: 137195-2.
7.1.7.21. On 4 July 1992, in the village of Bora near
Rogatica, members of Muslim armed forces captured:
1. Milo3 Vidakovic as he was attempting to escape. They cut his
throat and then cut off his nose and ears and gouged out his eyes.
Evidence: 137195-5and 134195
7.1.7.22. During August 1992 in the village of Kukavica in
Rogatica commune, members of the Muslim armed forces killed the
following Serb couple in front of theirouse:
1. Vinko Komljenovic and his wife
3982. Bosiljka KomljenoviC.
They the!n burned the bodies and set fire to the house.
Evidence: 137195-6.
7.1.7.23. On 20 November 1992 members of the Muslim
Army from the Second Battalion of the Muslim First Rogatica Brigade
commanded by Emin Brankovic attacked the Serb village of Vrasalici
in Rogatica commune. On that occasion they killed:
1. Milo3 Kovatevic, aged about 65,
who had not fled with the other villagers. Rusmir BalaS
killed KovaEevic in front of his house with an automatic rifle. When
Milo3 fell to the ground, Balas took an axe that was lying nearby and
cut off his head and his right arm at the elbow. He then cut off
Kovacevic's genitals with a knife, and threw the severed head and
genitals some distance from the body.
7.1.7.24. In the morning hours of 29 July 1994, in the
village of Mislovo neiar Rogatica, Stojan Veljkovic and his son MiloS
were mowing grass in their meadow, called "Hadjin Do", when
members of the Musllim formations in uniforms appeared and started
shooting at them.
1. Stojan Veljkovic was hit in the head and died on the spot. His son
Milo3 managed to escape.
7.1.8.0. Novi Travnik
Serbs were the victims of the genocidal actions of
Muslim armed forces in a number of villages in the territory of Novi
Travnik commune. W'e list here only those cases in which the victims
and the perpetrators have been identified, but would add that many
Serbs have disappeared in this commune and their fate is not known. 7.1.8.1. On 20 May 1992 members of Muslim military
formations killed the following Serb at theentrance to the building in
which he lived in Novi Travnik:
1. Mladjo Mirkovic, born 1971
This crime was committed by: Haris Kobic; Fikret Hunic:
~efik Lendo; and Miro KovaCevic.
Evidence: 333195-26,333-95-27 and 333195-28.
7.1.8.2. On 30 May 1992 in the village of Rastovo in
Novi Travnik commune, members of the Muslim armed forces known
as the "Green Berets" killed the following Serb civilians:
1. Simo Medic, born 1968;
2. Dragan Medic, born 1970; and
3. Mladjan Medic, born 1974.
Fikret Skopljak,also known as "Samo", was identified
as one of the perpetrators.
Evidence: 333195-28and 225195.
7.1.8.3. On 20 July 1992, the following Serb woman
was butchered in her home in Kalinska Street in Novi Travnik after
being tortured and raped:
1. Sena Svitlica, born 1943.
This crime was committed by the following five
members of the Muslim "Green Berets": Fikret Kunic, aka ~una; Meho
Zaimovic; ~efik Lendo, aka Baja, and the two ~iljak brothers.
Evidence: 335195-26, 335195-27, 335195-28 and
335195-31. (Annex No. C 109 svedoCenje M.T.1Itestemony M.T.1, pp.
~1110-11141~1115-~1118)
7.1.8.4. In Novi Travnik during the summer of 1992, the
following Serb civilians were shot dead by members of the Croat
Armed Forces (HOS):
1. Nikola Letic, born 1925; and his daughter-in-law
2. Mira Letic, born 1964.
Evidence: 333195-30and 333195-31 7.1.8.5. Croat and Muslim armed formations killed many
Serb civilians in Novi1-ravnik. Listed here will be only the following:
1. ~ivko Lopur, from Novi Travnik, was arrested and taken with other
civilians to dig trenches on the frontline, where he was killed.
lmmediately after this murder, the Lopur family was forced to leave
Novi Travnik.
2. Djuro Krupljan, was killed by a sniper on the balcony of his flat in
Novi Travnik.
3. Dobrila Kalaba (fernale) was attacked and killed in the town park
in Novi Travnik.
4. Jovo Slavnic was killed in front of his home in Novi Travnik by a
sniper.
The Miislim-Croat authorities did not take any action in
any of these cases to find the perpetrators.
Evidence: 333195-26, 333195-27 and 225/95.
7.1.9.0. Sarajevo
Sarajevo had many different ethnic communities, but the
overwhelming majority of the population were Muslims, Serbs and
Croats. Before the outbreak of armed conflicts, ethnic relations were
normal and marked by tolerance. The Muslims are to blame for
spoiling these relations, because the first victim to fall was a Serb
guest at a wedding party in the BasEarSija. Even before the
multi-party elections, the main Muslim party geared al1 of its work,
including the arming of party formations, for a showdown. When the
conflict broke out the city was effectively divided, with Muslim, Serb
and Croat armed forrnations controlling different suburbs.The Muslims
took control of most of the city. Some people continued to live in
areas that were under the control of armed formations of a different
ethnic group. Many Serbs who had not managed to escape thus
remained in such areas. They were subjected to continuous abuse
and maltreatment, particularly by Muslim armed forces. The Serbs
were evicted from their flats, arrested,taken to camps. Women were
raped, and instances of killing were not infrequent. It is impossible at
this moment to determine the exact number of victims, because not
al1is the data are available. According to the information of the Government of the
Republic of Srpska about 5 000 Serbs were killed in Sarajevo.
The perpetrators of these crimes of genocide were most
often members of Muslim armed forces, or Croat armed forces that
were acting under the orders, instructions, and with the consent of
the government and other officia1 bodies of the Bosnia-Herzegovina.
The Respondent knows with certainty that the following crimes have
been committed:
7.1.9.1. On 9 June 1992, the following Serb civilian was
killed in his flat in Brace BrEica Street in Sarajevo, after being
physically tortured:
1. Milo3 Minic, born 1939
Merim Galijatovic committed this murder and led the
group of uniformed soldiers of the Territorial Defence of
Bosnia-Herzegovina. The soldiers maltreated other residents of the
building where Minic lived, but only if they were Serbs.
Among the perpetrators of this crime, Merim Galijatovic
has been identified as the leader of the soldiers of the Territorial
Defence of Bosnia-Herzegovina.
Evidence: 1 12195-9
7.1.9.2. The following two Serbs were butchered in
Sarajevo during April 1992 by members of the Muslim Territorial
Defence Force:
1. Miodrag Ostojic; and
2. Kablar, a civilian whose firstame is not known
The Muslim Territorial Defence members who committed
this crime were led by Jusuf Prazina, commander of the Territorial
Defence Force of Sarajevo.
7.1.9.3. On 6 May 1992, Muslim armed forces arrested
and then killed the following Serb civilian:
1. Miodrag Djordjevic, who was physically maltreated and then
executed.
Among the perpetrators of this crime, Jusuf colta from
Plav has been identified. 7.1.9.4. Muslim and Croat armed forces attacked the
village of cemerno, near Sarajevo, on 10 June 1992. The village,
which was populated exclusively by Serbs, was razed to the ground
and the following 41 Serb civilians were murdered:
1. Goran Bunjevac (father: Djordje, mother: Koviljka), born 1965;
2. Djordjo Bunjevac (father: Jovan), from Dabrovina, born 1936 in the
village of Debela Medja near Vares; killed in the house of Petar
RaSevic, together with his wife and son;
3. Koviljka Bunjevac (father: Lazar), from Dabrovina born 1934 in
Kalauzovici near Sokolac, wife of Djordjo Bunjevac;
4. Milan Bunjevac;
5. MiloS Bunjevac (father: Acim, mother: Miroslava), worker from the
village of Debela Medja, municipality of Breza, born 1954 (or 1955);
6. Miroslava Bunjevac (father: Lazar), born 1933, mother of Milo3 and
Ranko Bunjevac;
7. Rade Bunjevac (father: Jovan), born 1946 in Debela Medja near
VareS;
8. Rajko Bunjevac (father: Jovan), from Dabrovina, born 1949 in
Debela Medja near Vares;
9. Ranko Bunjevac (father: Acim, mother: Miroslava), worker from
Debela Medja, born 1962 (or 1961);
10. Slavojka Bunjevac (father: Mika), born about 1952 wife of Milo5
Bunjevac;
11. Zdravko Damnjanovic (father Vukasin, mother: Staka), railway
worker, aged about, who was captured after which his eyes were
gouged out and he was slaughtered;
12. Jadranka Darrljanovic (father: Milan, mother: Spasenija),
technician, born 1960, who was in her pyjamas and slaughtered; her
legs were cut and wiith many stabs;
13. Lazo Damjanovic,(father: Spasoje Damjanovic, mother: Spasenija)
stabbed several times;
14. Ranka Damjanovic, civil engineering tchnician, born 1963;
15. Spasenija Damjanovic, aged about 52, stabbed several times with
a knife; killed together with her two daughter and son; their bodies
were found 50m away from the house;
16. Staka Damjanovic, a housewife, aged about 57;
17. Manojlo Djuka;
18. Gojko Djurdjic;
19. Ranka Era (father: Spasoje Damjanovic, mother: Spasenija), aged
about 30, who was pregnent, found in her pyjamas; she was
slughtered. Her husband claims that her eyes were gouged out,
breasts cut off and there were traces of butchering on her throat;
20. Miroslav Jankovic aka Miro, killed in the stable of Dragan
Damjanovic after which his body was burned;
21. Sreten Jankovic;
22. Radomir Jeftic;23. TriSa (possibly Svetozar) Kapetanovic;
24. LjubiSa Lazanda, killed in the stable of Dragan Damjanovic after
which his body was burned;
25. ~arko MaleSevic;
26. Milovan MaleSevic;
27. Milo5 MaleSevic;
28. Djuka Markovic;
29. Manojle Markovic;
30. Stanoje Markovic;
31. Mirkovic, from Podvi~ci;
32. Braco Mirkovic who was killed in the stable of Dragan
Damjanovic after which the stable was burned;
33. Nedeljko MiCic;
34. Nenad MiEic:
35. Miro Pantic (father: Milo) whose ears were cut off;
36. Stana RaSevic, born 1926, wife of Rajko RaSevic; killed with other
members of the RaSevicfamily;
37. Janja Trifkovic (father: DuSan, mother: Marica nee Kojic), a
houswife, wife of Milenko Trifkovic, born 1943 in the village of
~e~ojevici;
38. Milenko Trifkovic (father: Risto, mother:DaSa nee ~arac), born
1932; killed in hishouse togethr with his son Radenko (or Rajko) and
his wife Janja;
39. Radenko (or Rajko) Trifkovic, schoolboy born 10 July 1975;
whose hands were nailed to the house front door;
40. Novo ~etkovic;
41. Novo Cvijetkovic, whose throat was cut from ear to ear.
Perpetrators: Salko Opacin (Opaein), born about 1943in
Breza, (father: Sulejman), president of the municipality of Breza, chief
person who gave orders for killings in temerno; Mustafa Hadiic, born
10August 1947in FoCa,(father Sulejman), before the war active captain
of JNA in the barracks in Visoko, commander during the attack on
cemerno; Diemal Adiic from Breza, one of the leaders at the
Territorial Defence headquarters in charge of Breza; Karlo Baric from
the village of Nasici; Stjepan Baric from the village of Solakovici,
municipality of Breza; Enver Beka from Breza; Musa Beclija from the
village of Korita, municipality of Breza; Suljo Beclija,born about 1965in
Breza, (father: Adil), who, accordingto the knowledge of witness 514196-
38, together with Sadik civa, killed Ranka (fernale) Era; Ferid Beclija
from the village of Korito, municipality of Breza; Tufo Buza, forest
ranger, sergeant, commander ofthe second platoon, second Company;
Almedin Velic from Breza; ieljko Vidovic from Ljubinje, municipality of
Ilijac; Enes Durak from the village of Korito (father: Rifat), one of thecommanders in the attack; Gojko Ivic from the village of Nasici, born
1960;Rahman KovaC from Kakanj; Jozo Matic, owner of an inn, from
the village of Rijeka (or Dolovici); Stjepan Pavlovic(father: Mico), school
teacher from the village ofViSnjica, who worked at the school Karacin
Do; Hasan Selimovic from the village of Korito, municipality of Breza;
Sikira, a Muslim from Kakanj, member of a Muslim armed formation,
stood out by his brutality; Senad Sikira from the village of Papratnica,
commander of the second detachment; Fikret Smailovic from the village
of Solakovici, municipality of Breza; Diemo Smako, from Kakanj by
birth; Spahic from the village of Korito, aged about 32; Muamer Frljak
from Breza, assistant to the commander of detachment; Marko
Cvijetkovic from the village of Orahovo, municipality of Breza; Sadik
civa, born about 1962 in Breza (father: Mujo), who was one of the
commanders in the altack on the village of cemerno and whose unit
participated in theilling of the Damjanovic family.
Evidence: 818195-8,806195-32,107196-21 , 07196-4,514196-38,718196-5.
(Annex No. C 31, svedotenje M.E./testemony M.E., pp. c324-
~327/~328-~33 1
7.1.9.5. In Sarajevo, during the night of 5 June 1992,
members of the Mus.lim police raided the flat of the following Serb
civilian:
1. Professor Radivoje BoSkovic.
After stiarching the flat, they took the professor away in
an unknown direction. His wife made enquiries at local police stations
about his whereabouts, and the police eventually took her to the
BembaSa swimming pool and showed her a body with a bag tied
over its head, which she identified as her husband. She later heard
that he had been buried in a common grave.
Afîer that, Professor BoSkovic'swife was often questioned
and maltreated by Miuslim police, who threatened to kill her if she told
anyone about the rnurder of her husband. She later managed to
leave Sarajevo.
The leite Professor BoSkovic was taken from his flat by
Mirza Dadiik and two other Muslim policemen, one of whom was
also called Mirza, while the other was nicknamed "Jasmin". 7.1.9.6. A large number of civilians were killed on
20 May 1992 (according to some reports, 16, with over 100 injured)
while standing in a bread queue in Vasa Miskin Street in Sarajevo.
The massacre was intended to create a mood that would justify
genocide against Serbs. The officia1 version given by the Muslim
authorities laid the blame for this crime on Serb armed forces which
had allegedly fired four large calibre artillery or mortar shells from
their positions around Sarajevo. This false account was carried al1
around the world at the exact moment when the UN Security Council
was discussing Bosnia, and it provided the direct motive for
introducing comprehensive sanctions against the FR of Yugoslavia.
Much later, investigations and expert analysis showed that this crime
was committed by members of the Muslim armed forces acting on the
orders of the Muslim authorities, who planted bombs and arranged in
advance for television crews to film the scene. High-ranking officials
of UNPROFOR have confirmed this with their reports and statements.
In addition, ballistics and other experts who have
investigated this case have shown without doubt that this tragedy had
been staged, and it can be clearly seen from the television footage
that crews of official Bosnian TV had been notified in advance of
what was to happen. The victims shown on TV included corpses
brought there from the hospital to make the number of victims seem
larger and more convincing.
7.1.9.7.1. At around 2.30 p.m. on 29 June 1992,
snipers fired in the direction of Kromolj Street from the direction of
the city maternity hospital on Hasana Brkica Street, which was
controlled by Muslim armed forces. The following Serb woman was hit
while hanging out laundry:
1. Staka Djokic, who died immediately from her wounds.
7.1.9.7.2. At about 7.00 p.m. on 1 August 1992, snipers
firing from a building in Vilsonovo SetaliSte Street, controlled by
Muslim armed forces, hit the following Serb woman:
1. Bosa Babic, who had stepped out on the balcony of her flat in
14-b Lenjinova Street. She was hit in the neck and died instantly.
7.1.9.7.3. At about 6.00p.m. on 6 August 1992, snipers
firing from a buildingin the Pofalici district controlled by members of
Muslim armed forces hit a passenger vehicle moving along Bane
surbat Street. A shot hit:1. Mirko ~iljevic, who was sitting in the front passenger seat. He was
hit in the left temple and died immediately. The post-mortem
established that siljevi(5 had been hit by a dum-dum bullet.
7.1.9.7.4. At about 11.00 a.m. on 18 August 1992,
members of the Muslirn armed forces opened fire on a passenger car
travelling along the main Sarajevo-Tuzla road, near the "Ran "
restaurant in Ljubinei, between Srednje and VogoSca. On this
occasion they killed:
1. Dragislav Janjic, and severely wounded Novica JakSic, Petar
Motika and Janko Djuric. They used small arms fragmentation
ammunition.
7.1.9.7.5. At about 4.00 p.m. on 25 August 1992,
snipers belonging to the Muslim armed forces fired shots from the
building of the Government of the former Bosnia-Herzegovina and hit
in the stomach:
1. Radmila Mrkulj (fernale) as she was walking along Bane surbat
Street. She died soon afterwards.
7.1.9.7.6. At about 4.00 p.m. on 3 September 1992, a
sniper fired from a building located in the Pofalici district, which was
controlled by the Muslim armed forces, and hit:
1. an unidentified male in the back of the head, killing him instantly.
His corpse was found in front of 3 Petrovatka Street.
7.1.9.7.7. At about 7.45 a.m. on 10 September 1992, a
sniper from the Pofalici district, which was controlled by the Muslim
armed forces, fired towards the crossroads of the Bratstvo Jedinstvo
and Lenjinova Streetsi and hit:
1. Nikola FuStar in the upper part of his left leg. FuStar soon died of
his injuries.
7.1.9.7.8. At about 3.00 p.m. on 21 September 1992, a
sniper from the Mojjmilo Hill, which was controlled by the Muslim
armed forces, fired towards the crossroads of Bjelopoljska and
Toplitka streets, and hit:
1. Gordana Govedarica (female) in the area of the right kidney. She
died from the injury. 7.1.9.7.9. At about 3.00 p.m. on 10 October 1992, a
sniper firing from territory controlled by the Muslim armed forces
killed:
1. Manda UroSevic (female) in front of 21 Zagrebaëka street. The
bullet hit her in the left temple.
7.1.9.7.10. At about 10.30 a.m. on 14 October 1992,
snipers began firing from the direction of Stara Preka, above the
KoSevo Police Station, which was controlled by the Muslim armed
forces. On this occasion:
1. Slobodan Gavric was hit in the stomach and later died.
7.1.9.7.11. On 27 October 1992, snipers of the Muslim
armed forces firing from the direction of Menjak killed:
1. Ostoja Oiegovic, in the compound of the "Pretis" factory in
VogoSca. Ozegovic was hit in the forehead when he went to wash
his hands after work, and died instantly.
7.1.9.7.12. At about 6.00 p.m. on 30 October 1992, in
Paljina Kula Street, snipers firing from somewhere betweer! numbers
120 and 130, which were controlled by the Muslim armed forces, hit
the following Serb in front of number 166:
1. Jovo Kneievic, who died instantly after being hit in the head.
7.1.9.7.13. At about 1.30 p.m. on 11 November 1992,
snipers in number 82 Hamid BeSirevic Street, in which there were
members of the Muslim armed forces, fired in the direction of number
170 Nahorevska Street, and hit:
1. Koviljka Rajic (female), who died soon afterwards. There is reason
to believe that she was killed by a person nicknamed "Zenga", who
was a sniper in the Seventh Mountain Brigade of the
Bosnia-Herzegovina Army.
7.1.9.7.14. At about 7.30 a.m. on 24 November 1992, a
sniper shot fired from the Menjak district, which was controlled by
members of the Muslim armed forces, killed:
1. Savan Lukic.
Lukic was killed in front of his house in the Donji Hotonj district of
VogoSca commune. He wzs hit in the chest and died instantly. 7.1.9.7.15. At about noon on 15 December 1992, a
sniper belonging to thi? Muslim armed forces at Jeievo on zuc Hill
killed:
1. Mila siljak (female): as she vvas walking past the Biokovo hotel on
MoSe Pijade Street in VogoSce in the direction of the Adult Education
Centre. The bullet hit l?er in the left shoulder blade.
7.1.9.7.16. In the morning of 20 December 1992, a
Muslim sniper from .the upper floors of the Bristol Hotel, where
Muslim soldiers were based, killed:
1. Olga Jovanovic (female) from Sarajevo outside number 15 Djuro
Salaj Street. She died of a wound in the stomach, above the left
groin.
7.1.9.7.17. In the morning of 20 December 1992, a
Muslim sniper from the upper floors of the Bristol Hotel, where
Muslim soldiers were based. killed:
1. Srdjan Jovljevic, outside number 15 Djuro Salaj Street. Jovljevic
was hit in the head below the right ear.
7.1.9.7.18. On 29 December 1992 at about 10.30 a.m.
a Muslim sniper firirig from the direction of Menjak, controlled by
Muslims, killed:
1. Branko TerziC, at a place known as Donji Hot, 53 Mitra sucura
Street, VogoSca. Terzic was hit in the ciiest; the bullet entered at one
end and came out at another and caused Terzic's death.
7.1.9.7.19. On the afternoon of 24 January 1993, a shot
fired by a sniper from the territory controlled by the Muslim forces
killed:
1. Tanja Ljuboja (female), from Sarajevo on Lenjinova Street. She
was hit on the left side of the chest.
7.1.9.7.20. On 15 February 1993, a shot fired by a
sniper from the territory controlled by Muslim forces wounded:
1. Janja Radojevic (female), from Sarajevo; in the upper part of the
left leg, on Rava Janikovic Street. 7.1.9.7.21. On 20 February, 1993, a sniper shot fired
from the territory controlled by Muslim armed forces killed:
1. Desanka Tubic (female), on ZagrebaSka Street near Vrbanja
bridge. She was hit on the left side of the neck.
7.1.9.7.22. At about 12.40 p.m. on 26 February 1993, a
sniper shot fired from territory controlled by Muslim armed forces
killed:
1. Borivoje Kneievic, in M. Baruna Street. Kneievic was hit in the
rightside of the back.
7.1.9.7.23. At about 4.50 p.m. on 19 March 1993, a
sniper shot fired from the Ugorsko district, which was controlled by
Muslim forces, killed:
1. Miroslav ~ivulj, near the petrol station on lgmanski mars Street in
VogoSca, as he was riding on a bus on his way home from work.
7.1.9.7.24. On 22 March 1993, at 3.20 p.m., members
of the Muslim armed forces killed:
1. Makivija Petrovic (female) near the petrol station on lgmanskog
marSa Street in VogoSca. She was hit by a single bullet fired from a
12.7 Browning coming from the direction of Ugorsko which was under
the control of Muslim armed forces. Petrovic was hit in the back of
the head while sitting in the cabin of a water cistern.
7.1.9.7.25. Ori 21 April 1993, at about 2 p.m., a sniper
shot fired from the former building of the Bosnia-Herzegovina
government, which was controlled by Muslim forces, wounded:
1. Obrad Golijanin, from Sarajevo, who was hit in the region of the
right temple, atNo. 10 Bana Subata Street.
7.1.9.7.26. On 26 April 1993, at 12.30 p.m., sniper fire
from the direction of the medical centre in the Slatina suburb,
controlled by the Muslim armed forces, killed:
1. Slobodan MoEevic, who was tending his garden in Poljina Street.
Moëevic was hit in the aorta of the leftleg and bled to death on the
way to hospital. There are indications to believe that he was killed by
a person nicknamed "Zenga", a sniper in the 7th Mountain Brigade of
the Bosnia-Herzegovina Army. 7.1.9.7.217. On 4 May 1993, a sniper shot fired from the
territory controlled by the Muslim arrned forces hit in the chest and
killed:
1. an unidentified malt?on Marjan Braun Street.
7.1.9.7.28. On 21 May 1993, a sniper shot fired from
the area of Debelo Brdo, controlled by the Muslim armed forces,
wounded:
1. Nikola KravljaCa, on Bana ~ubata Street. KravljaCa was hit in the
upper rightside of the chest.
7.1.9.Y7.29.On 26 May 1993, a sniper shot fired from
the territory controlled by Muslim forces wounded in the region of the
right calf:
1. Ankica Fabijanic (female), from Sarajevo, on KupreSka Street.
7.1.9.7.30. On 26 May 1993, a sniper shot fired from
the suburb of Mojnîilo, controlled by the Muslim armed forces,
wounded:
1. Jadranka Janjetovic (a small girl), on Bjelopoljska Street in Novo
Sarajevo. Jadranka was wounded in the region of the left groin.
7.1.9.7.3'1. On 27 May 1993, a sniper shot fired from the
territory controlled by the Muslim armed forces wounded in the region
of the left calf:
1. Dejan PaSkovic (a small boy), on Ozrenska Street in Novo
Sarajevo.
7.1.9.7.32. On 2 June 1993, in the afternoon, a sniper
shot fired from the direction of Debelo Brdo, controlled by the Muslim
armed forces. woundled in the region of the chest on the right side:
1. Jadranka amo (orrale), with the intent of killing her.
7.1.9.7.33. On 12 September 1993, at about 9.15 a.m.,
a sniper shot fired from the territory controlled by the Muslim armed
forces killed:
1. Stana Radojevic (female), in the kitchen of the house of Slavka
Furtul in Orahov Breg in the area of Hotanj, municipality of VogoSca.
She was hit in the neck and died instantly. 7.1.9.7.34. On 21 September 1993, at about 2.00 p.m.,
a sniper shot fired from Hamida BeSirovica Street, from the direction
of Stara Preka, controlled by the Muslim armed forces, and in
Nahorevska Street killed:
1. Radomir Gajic, who was hit in the chest and died of the inflicted
injuries.
Evidence: 296195-1 7
7.1.9.7.35. On 26 June 1994, Muslim snipers from the
Genex building hit the civilian:
1. Djuro Kenic, born 1920, in front of his flat in Kasindolska Street.
The first shot hit him in the arm, and the second in the leg. Then he
fell and was shot twice more, and died on the spot.
Evidence: 296195-1 5.
7.1.9.7.36. On 11 March 1995, at about 3.30 p.m.,
shots fired from the Loris building on Pera Kosoric Square, controlled
by the Muslim armed formations killed two small girls:
1. Milica Lalovic (father: Ranko), born 1984; and
2. NataSa UCur (father: Nedeljko), born 1986, in front of the building
No. 59 Rave Jankovica Street in the Serb part of Sarajevo; they were
playing a local game in which children jump over an elastic cord.
Evidence: 410195
7.1.9.8. Witness 243195-1, a refugee from Sarajevo,
gave the following testimony before an investigativejudge:
"1will never forget one terrible event, and I break down
and cry when 1talk about it because it was such a horrible sight. On
several occasions during July and August 1992, 1saw Muslim boys of
15 or 16 carrying the heads of dead Serbs through the streets. They
said that the heads were from a cellar of a building in the Dobrinja 5
district of Sarajevo.I don't know exactly how many of these heads
they carried, but I know there were a lot of them. So they threw
them in dustbins and garbage containers, where they were left for a
long time. From their comments and behaviour, I assume that they
played with and mutilated those heads. From the appearance of the
heads, I reckoned that they belonged to men and women who had
been killed a month or two before, because many of them had losttheir hair and the flesh on some had rotted so that you could see the
skull.
"The children of Our own Muslim neighbours played with
these heads. l remember seeing the son of Juka, who was called
"~i~ak, but I donlt ktnow his surname, and also Melvudin, whose
father was called Esad. There were others whose names I can't
remember ..."
Evidence: 243/95-1.
7.1.9.9. In Sarajevo on 22 April 1992, members of the
Müslim Green Berets captured the crew of a JNA armoured personnel
carrier.Ail eight soldiers were Serb reservists. They were tortured and
killed near the trolleyepot on the bank of the Miljacka river.
The following reserve soldiers were killed:
1. Miladin Vukomanovic;
2. Nedeljko VujiCic;
3. Vlajko Golubovic;
4. Stevan Djokanovic;
5. Milivoje Lalovic;
6. Djordje Bjelica;
7. Zoran Markovic; arid
8. Radomir Djeric.
This crime was committed by Davor Matic, Police
Commander Malik Krivic, Samir Kahved ic and other members of the
Green Berets.
7.1.9.10. In Sarajevo at the start of September 1992,
four captured Serb soldiers, aged between 22 and 25, were taken to
a prison camp for Serbs in the "Viktor Bubanj" barracks of the former
JNA, where they were executed by firing squad in front of other
inmates. This act was committed by members of the Muslim "Green
Berets".
7.1.9.11. In July 1992 witness 675194-2 from Sarajevo
was taken to the prison in the former "Viktor Bubanj" barracks in
Sarajevo. He and other prisoners were frequently beaten and
maltreated. T'o his kiiowledge, the following Serb prisoners were killed
or succumbed to tor1:ure:
1. ~ajevic, first name unknown, missing;2. Ur03 Rakanovic, died from beating;
3. Zoran Odiakovic, died from beating and hunger;
4. Petar Kuzmanovic, died from beating and hunger;
5. Mato ~eranic, missing;
6. Radoje Marinkovic, missing;
7. Slobodan Matovic, missing;
8. Slavka Damnjanovic (female), missing;
9. Mihajlo Radojëié, missing;
10. Nedeljko ~ivkovic, missing;
11. Stevo Rakovie, missing;
12. Pero Pikulic, missing;
13. Vojko Radovic, missing;
14. Vojin Vukadin, missing;
15. Slavko Turanjanin, missing;
16. Ostoja soja, killed;
17. Pero Pjevac, killed and buried in the "Lav" graveyard near the
hospital.
Evidence: 675194-2. (Annex No. C 19, svedoEenje
S.G.1Itestemony S.G.1, pp. cl 87-cl 951~196-c202),(Annex No. C 34,
svedoëenje ~.~.ltestemony s.Z., pp. c355-~3621~363-c369)
7.1.9.12. On 2 and 3 May 1992, JNA columns
withdrawing from Sarajevo, whose security had been guaranteed by
the Presidency of Bosnia-Herzegovina, were attacked. Despite these
guarantees, the columns were fired on. It was later established that
this was done on the orders of Ejup Ganic, member of the
Bosnia-Herzegovina Presidency, who is now the Vice-President of the
Muslim-Croat Federation. A number of JNA personnel was killed,
while the others were captured. The following were killed:
1. Normela suka (female), a civilian army employee;
2. Colonel Budimir Radulovic;
3. Colonel Mirko Sokic;
4. Colonel Gradimir Petrovic;
5. Colonel BoSko Mihajlovic;
6. Lieutenant-Colonel BoSko Jovanic;
7. Captain I Class Marko Labuovic;
8. Lieutenant lvica Cvetkovic;
9. Lieutenant Midhad Kastrati;
10. Lieutenant Obrad Gvozdenovic;
11. Sergeant I Class Kazafer Rotie;
12. Corporal lvica Simic;
13. Private Momir Mojsilovic;
14. Private Stevo Ritan;
15. Private Vlastimir Petrovic;16. Private Zoran GajiC;
17. Private Robert KociS;
18. Private NebojSa Jovanovic;
19. Private Goran Divovic;
20. Private Slobodan ,Jelic;
21. Private Predrag Cerovic;
22. Private Miodrag Djurovic;
23. Private Srecko Jovanic;
24. Private Branko Popovic;
25. Private Dragan Vitkovic;
26. Private Zdravko Tomovic; and
27. Private Perica Novic.
A large number of the JNA members was wounded.
This act was committed by the Muslim and Croat armed forces.
This perfidi~us attacks had been planned in advance so
as to impair the guarantees and destroy the withdrawing columns.
Although the top leaders of al1sides had agreed on the columns safe
withdrawal, the JNA personnel were killed even after they had been
captured.
Evidence: 450195 (Annex No C 158, Annex No C 159,
Annex No C 160, Phsotos14 and 15), (Annex No. C 105 svedokenje
T.T.1testemonyT.T., pp. cl 070-cl 0751~1076-c1081)
7.1.9.13. Pofalici- part of the municipality of Novo
Sarajevo, earlier inhabited almost completely by Serbs; however, the
municipality, by allotting land, enabled Muslims from Eastern Bosnia
and the Rashka region in Serbia to settle down there, so that
approximately the same number of Serbs and Muslims lived in that
settlement when was conflicts began.
Before the outbreak of armed clashes the Muslims
began to provoke and intimidate Serbs by shooting at night, in a show
of force.
On 4 May 1992 killed by a sniper was:
1. Mladjen Bratic, a Serb, retiredmilitiaman, aged about
60, one of prominent Serbs in Gornji Pofalici, who was shot at from the
house of Kalmir Kalrnan, a Muslim, 88 Humska Street. Mladjen Bratic
was the first victim ainong the Serbs in GornjiPofalici.
The Ililuslims made their first trial attack on the Serbs in
Pofalici on 14May 1992,at dawn, and killed on that occasion 2. Rajko Savic, born 1948,who lived at 22 OrlovaCka
Street.
On 16 May 1992, in the morning, the Muslims entirely
surrounded Pofalici and began to attack in an organized way, intending
to destroy al1Serbs in Pofalici as a group. The Muslims attacked from
four directions: from Pofalicka Street, from the relay Hum, from the
area of Kobilja glava, the Buca potok and from the direction of Drinska
Street and Petra Mecave Street. Accordingto some estimates, about 3
000 armed Muslims participated in this attack. The attack was not
provoked in any way.
A special role in this attack was played by a special
unit of the Ministry of Interna1 Affairs of Bosnia and Herzegovina,
commanded by Dragan Vikic, which attacked from OrIovatka Street
from three personnel carriers.
The house of D.M. was the first to beburned, whose
3. Grandmother, an old and immobile woman, who had
stayed at home, was burned on that occasion.
In that attack, aswell as later on, the following Serbs,
among others, were killed:
4. Rajko Bandic, went missing during the attack and it
is presumed that he had been killed but his body was not found.
5. Rajko Bakovic, an old man who was captured by
Muslims; he could not be traced since then and it is presumed that he
had been killed.
6. Novo Boroveanin, who was captured by Muslims and
could not be traced since then and it is presumed that he had been
killed.
7. Mladjen Bratic
8. Bratic, nicknamed "BratuSa", wife of Novica Bratic,
over 70 years old, from OrlovaCkaStreet, disappearedduring the attack
and is presumed to have been killed; however, her body was not found
(witness 531196-3).
9. Tihomir Bratic from Pofalici, 252Humska Street, born
1949; after exhumation in Sarajevo it was established that his right
temporal bone was fractured as a result of a blow by a heavy
mechanical tool. The body was poured with a solution of lime or some
similar substance (post mortem records of Dr Zoran Stankovic, Sa 15).
10. Radovan Buha, pensioner from Pofalici, 266Humska
Street, born 1928.After exhumation in Sarajevo it was established that
there was a multiple fracture of ribs and jaw bones. The body wascovered with lime or similar substance. (Sa 14, witnesses 128197-6,
128197-7).
11. Natia Vaskovic from Pofalici, 33la OrlovaCka Street,
aged 30-35, who was pregnant, killed in the vicinity of thehouse of the
Radovic family from firearms (witnesses 531196-2,531196-3, 128197-6).
12. Sta.na Vaskovic from Pofalici, 33 OrlovaCka Street,
wife of Stevo Vaskovic, born 1922(father: Ljubo ~angalovic and mother
Janja), disappeared in August 1992and her fate is unknown (witness
531196-2and 531196-3).
13. Stevo Vaskovic from Pofalici, 33OrlovaCka Street,
born 1924 (father: Bla15koand mother: Staka), as he was seriously il1
and could not walk, he stayed at home; after that he disappeared and
his fate is unknown (\hfitness531196-2and 531196-3).
14. Members of the Vignjevic family
15. Momo Vojinovic from Pofalici, Pofalicka Street, aged
over 50, taken away by Muslims, after which he could not be traced
(witness 531196-3).
16. Vojin Vukadin, aged 24, who was imprisoned by
Muslims, after which he could not be traced and he is presumed to
have been killed (witness 531196-3).
17. Dragan Draganic, aged about 30, who was a lodger
at Sretko ~an~alovic's house, Pofalicka Street. He was imprisoned by
Muslims, and after thcit he could not be traced; he is presumed to have
been killed (witness 5.31196-3).
18. Gordana (female), aged 27.
19. Save Elez from Pofalici, OrlovaEka Street, aged
about 60, killed by Muslims in front of hishouse (witness 531196-3).
20. Zoran Ignjatovic, catering worker from Pofalici, 188
Humska Street, born 31 October 1959;transversal fracture of ribs was
established on his Iiiody. The body was poured with lime or some
similar solution. (Sa7, witness 128197-6).
21.Tihomir Ignjatovic.
22. Radovan Ignjatovic.
23. Branko Jeremic, killed in his Muslim godfather's
house where he went to seek protection (witness 514196-32).
24. Ljubica KovaE, housewife, 276 Humska Street, born
1940,who stayed aloiqe at home, in the vicinity of which she was killed
about I August 1992(witnesses 478196-27,128197-6,128197-7).
25. Ljubica KovaCevic, who was taken away from her
home at night and killed. 26. Milinko KovaEevic, whowas imprisoned by Muslims
and could not be traced since, which is why he is presumed to have
been killed.
27. Mirko KovaEevic, who was imprisoned by Muslims
and could not be traced since, which is why he is presumed to have
been killed.
28. Ducan Kosic, cabinetmaker from Pofalici,Humska
Street, aged 55-60, who was taken away and killed in mid-August 1992
and then he was declared to have attempted to escape. The body was
found at a place known as Obadi (witnesses531196-3, 128197-7).
29. Ducanka Madjarevic from Pofalici, Humska Street,
aged about 55, wife of Sretko Madjarevic, killed by Muslims on the
occasion of the attack in mid-May 1992(witnesses 531196-31 , 28197-6).
30. Sretko Madjarevic, pensioner fromPofalici, Humska
Street, born 7 March 1935,whose body was buried near the house of
the Radovic family. After exhumation a starlike fracture of the right
temporal bone was established;the body was poured with lime solution
or a similar substance (SaII, witness 128197-6).
31. Radomir Maric was imprisoned by Muslims and he
could not be traced since; he is presumed to havebeen killed.
32. Koviljka Mijovic, aged 65, burned in her house after
it was set on fire.
33. Membersof the MoEevicfamily.
34. Vojo Pikulic, pensionerfrom Pofalici, Humska Street,
born 1926;taken away from his home, together with his wife about I
August 1992and both were killed (witnesses531196-3,128197-6,128197-
7).
35. Marica Pikulic (female), pensioner from Pofalici,
Humska Street, born 1925,wife of Vojo Pikulic, killed about 1 August
1992,together with her husband (witnesses531196-3, 128197-6).
36. Petar Pikulic, taxi-driver from Pofalici, Humska
Street, born 1950, who was first beaten up in the presence of his
mother Mira and taken to the Central Prison, after which every trace is
lost (witness531196-3).
37. Members of the Radovic family.
38. Vojko Radoviéfrom Pofalici, Humska Street, aged
about 40, was captured by Muslims and most probably taken to the
Central Prison in Sarajevo, aiter which every trace is lost; he is
presumed to have been killed (witness531196-3).
418 39. Mico Rajëevic, metalworker from Pofalici, Humska
Street, aged 50; he was employed at the "Energoinvest" enterprise,
work organization "Vaso Miskin-Crni"; killed in the vicinity of the
Radovic and the JoviCichouses (witnesses 531196-3,128197-6).
40. Slavko Rajëevic, graduate of economics, from
Pofalici, 131Humska Street, born 1957 in Pijevac near Kalinovik, of
father Milan; his body was found decapitated and was exposed to fire,
after which the body vvascovered with lime or similar substance (Sa 4)
witness 128197-6).
41. RaSevic,university student from Pofalici, killed in the
vicinity of thehouse lof Jovo Jovitic when he attempted to escape in
the direction of Mtzut; he was decapitated and his head was impaled.
The decapitated body was buried at a place known as Hum brdo, while
the head was buried in the garden of Jovo Joviëic by witness (female)
806195-12.
42. Members of the Ristiëevic family.
43. Miro Rogan, engineer from Pofalici,Humska Street,
born 1941; was employed at the "Energoinvest" enterprise as a
commercial manager; his body was buried in the vicinity of the house
of Jovo Joviëic; he vlras seriously wounded and tortured before being
killed (witnesses5311916-31,28197-6).
44. Mirko Savic from Pofalici, OrlovaëkaStreet, aged 51-
52; he was il1and immobile, disappeared during the Muslim attack on
Pofalici; he is presurned to have been killed but his body was not
found (witness 531196-3).
45. Rosa Savic, wife of Mirko Savic, disappeared during
the Muslim attack on Pofalici; she is presumed to have been killed, but
her body was not found (witness 531196-3).
46. Stana ~angalovic, (female), pensioner from Poflaici,
35 Orlovaëka Street, aged about 70,(father: Manojlo and mother Rista);
before retirement ~rorked at the "Energoinvest" enterprise, work
organization "Vaso Miskin-Crni"; taken away in an unknown direction,
after which she could not be traced (witness 531196-3).
47. Members of the Cardalovic family.
48. Members of the salipur family.
49. Members of the saraba family.
50. Soka ~kobo (female), aged about 40, killed from
sniper in front of thehouse of Spasoje Poluga, in the area of Mt zuc -
settlement of StarSevici(witnesses 531196-3,128197-6).
51-52. Married couple skoro. 53. Borica ~ojic, catering worker from Pofalici, Humska
Street, born 1957,wounded during the Muslim attack; he was captured
by Muslims and taken to the Kocevo hospital where he was treated
until 30 May 1992,when he was taken out of the hospital and since
then his whereaboutsare unknown (witnesses531196-3,128197-6).
54. Ranko Sojic, taxi-driver from Pofalici, Humska Street,
brother of Borica Sojic, born 1962,disappeared during the Muslim attack
on Pofalici and is presumed to have been killed (witness 531196-3,
128197-6).
On the occasion of the attack on Pofalici on 16 May
1992about 90 percent of Serb houses were burned down.
Perpetrators: Dragan Vikic, commanderof the special
unit of the Ministry of the lnterior of Bosnia and Herzegovina with
which he attacked Pofalici, now special adviser to Alija Izetbegovic;
Murat ~abanovic, born 7 January 1953 in Orahovci, municipality of
Visegrad, of fathersaban, lived in the settlementof DusSe in Visegrad,
who commanded his own unit on the occasionof the attack on Pofalici;
Jusuf Prazina, aka Juka, from Pofalici, had a flat inOrIovatka Street;
commanded his own unit during the attack on Pofalici; Alija Prazina
from the settlement of Mala Azija (Asia Minor), who led Muslims in
Gornji Pofalici, uncle of Jusuf Prazina;amir Kahvediic, aka "KruSko";
lzet Bajramovic and his three brothers; Beharic, aka "Kejba" and his
two brothers; Omer Gabela, from Sandiak by origin, born 1949;Galib
Delalic Hamo and his four brothers; Dino aged about 30, wore a scarf
around his head as wore the other membersof his group (witness
514196-32);Miroslav Drmanac, aka Kico, from Pofalici,born 1957,before
the war known as a criminal; Slavko Erceg from Sarajevo, a criminal
before the war; Zenedin ZulCic; ~azim ldrizovic from Pofalici, Humska
Street, aged about 45, brother of Habib Idrizovic, he came to Pofalici
from Sjenica; Habib ldrizovic from Pofalici, Humska Street, aged 46,
who came to Pofalici from Sjenica and was one of the commanders of
the attack on Pofalici; Sadija Jajic;d Kapo, plumber, aged about 50,
who was seen carrying canisters with petrol and burning Serb houses;
Amir Kapo, of father Abid; Fadil Karamovic from Pofalici, OrlovaEka
Street, from a place known as "Brdo nisani", born 1957,of father Salem
and mother Tifa; Faik Karamovic from Pofalici,OrlovaEka Street, from
"Brdo nisani", born 1962-63,of father Salem and mother Tifa; Dievad
Karamovic from Pofalici, OrlovaEka Street, from "Brdo nisani", born
1959-60,of father Salem and mother Tifa; Ramiz Karadia, 186aHumska
Street; Murat Karic, commanderof one of the Muslim units, nephew of
420General Vehbija Karik; Bego Krako from Pofalici, Drinska Street, of
father Omer and mother AiSa, worked at the Tobacco factory in
Sarajevo; Edin Krako born 1964of father Mehmed,who was known as
a criminal; Enes Kulo\/ic, medical technician from Pofalici,145eHumska
Street; Arif Ljuca, pensioner, carpenter by occupation, fromPofalici, up
to No. 35 OrlovaCkaStreet, aged about 52; Nusret Ljuca, born 1959in
Pljevlja, city transport driver; Danko Markovic from Donji Pofalici, aged
about 30, known as a criminal before the war; Haseta, aka Skoro, from
Gornji Pofalici, born!360;three Shiptars from the Osmani family, from
Donji Pofalici; ZajkoPanjeta; Smail RovEanin, aka Smajo, before the
war worked in the city dairy; Terzo ~utuk from Sarajevo, aged about
40, born in a village near Trnovo, former policeman; N. Fajfric; Darko
Fajfric; Boris Fajfric;nes Hajmovic; Beka Hadiic, of father Ramiz;
Ramiz Hadiic; Muhamed Hota, member of the special unit of the
Ministry of the Interior commanded by Vikic; Kemal Husomanovic,
driver, aged about 25, lived in Pofalici, 145h Humska Street; Bajro
cargakic from Pofalicu,160Rudjera BockovicaStreet, aged 40-45; Bajro
~okadiic from Pofaliki, 160Rudjera Bockovica Street; Safet Diaferovic,
shop owner, 1479HuimskaStreet in Pofalici; Eso Diuliman and his two
brothers; Vinko Samarlic, member of the special unit of the Ministry of
the lnterior of Bosnia and Herzegovina.
Evidence: 799195-1 1, 806195-6,806195-7, 806195-88 ,06195-108, 06195-12,
806195-13,806195-14, 872195-3, 750195, 133196, 162196-1,478196-27,
478196-25,806195-7,806195-9,872195-4,873195-3,514196-32, 531196-2,
531196-3, 128197- 12,8197-6.
7.1.9.14 The Serb population in the suburban
settlement of VeleSici was a minority and one of the most respectable
Serb families was the old Ristovic family.
On 13 July 1992, a group of armed Muslims in
camouflage uniforms from the settlementof Kobilja Glava stormed the
family house of the late Svetozar Ristovic in Gornji Velecici, No. 116,
during the lunch and on that occasion they opened fire at al1 those
who were having their lunch and killed:
1. Danilo Ristovic, schoolboywho completed eight-year
elementary school, born 21December 1977in Sarajevo, (father: Todor),
2. Mila Ristovic (female), born 19 February 1932 in
Rajlovac, of father GojkoGraEaninand mother Cvija, 3. Radosava Ristovic (female), aged 61,born in Srednje
near Sarajevo, who was il1 and immobile because she had dislocated
hips and was in bed,
4. Pero Ristovic, born 1951,of father Svetozar and
mother Radosava,
5. Obren Ristovic, born 1955, of father Svetozar and
mother Radosava,
6. Bosiljka Ristovic, born 19, f father Svetozar.
On that occasion R.D. was seriously wounded (witness
594196-41).
Perpetrators: Mirsad Hodiic, born 1971,now lives in
Sarajevo, sipska Street, settlement of Bare, working in the funeral
society "Bakija"; Admir Adilovic, living in the settlementof Kobilja Glava;
Mario Blaievic, aka Majo, shop-assistant at the "Elektrotehna"
enterprise on Pere Kosovica Square in Sarajevo, who lived at 6 Ive
KranjCevica Street, now in Sweden, he publicly boasted of havinç
participated in the killing of the Ristovic family;n Bralic, aka Toni,
participated in the killing of the Ristovic family; Osmaniic, living in
the settlement of Kobilja Glava; Senad (or Sead) Hodiic; Meho Ibicevic,
living in the settlement of Kobilja Glava; lsmet ~utuk, living in the
settlement of Kobilja Glava.
Evidence: 806195-17,591196-2, 594196-41 6,49196. (Annex No. C 93,
svedotenje D.R.2ltestemony D.R.2, pp. c933-~9371~938-c942)
7.1.9.15. In 1992and 1993,Serb civilians in Sarajevo
were arrested on a mass-scaleand taken to Mt Trebevic, where they
were forced to dig trenches and in most cases killed at the places
known as Bistrieki potok and Kazani. These crimes were committed by
the 10th mountain brigade of the First Corps of Bosnia and
Herzegovina, commanded by Mucan Topalovic-"Caco" and, partly, by
the members of the 10th mountain brigade whose commander was
Ramiz ~elalic-"~elo".
Within the 10th mountain brigade particularly prominent
in committing crimes was the so-called "elite company". According to
sorne testimonies, "admissionfee" for this companywas a cut-off Serb
head. Great mental and physical sufferingwas inflicted on the victims
and they were killed in various ways: by decapitation and throwing the
422victims' bodies into pits;some were thrown alive into pits and covered
with earth, others were tied to a truck and draggeduntil they die; some
were stretched out, tied to two vehicles which moved in opposite
directions.
The bodies of the victims were mostoften thrown into
the pit Kazani, one row over the other, on top of which lime was
poured and a layer of earth. The remainsof some victirns were burned
together with old autornobile tyres whichwere put on top.
According to sorne estimates more than 2000 Serb
civilians were killed at various localities on Mt Trebevic.
Thus, killed, arnong others, were:
1. Natjeida Biberdiic from Sarajevo, 21NI Blagoja
Parovica Street, taken away with herhusband Savo on 18June 1992to
the location Kazani, where both of them were killed together with
Bosiljka Mandic (evidence: 108197-1).
2. Savo Biberdiic frorn Sarajevo,21NI Blagoja Parovica
Street, taken away with his wife from their flaton 18June 1992to the
location of Kazani, where both of them were killed (evidence:108197-1).
3. Sarija Vuk, aged 16, killed in October 1992 at the
place known as Hrasrio,
4. Zoran VuCurovic(witness 649196),
5. Milena DraSkovicslaughtered by Sarnir Seferovic and
Suad Osmanovic; her body was thrown into the pit Kazani,
6. DuSanJovanovic, who wasmassacred with knives by
rnernbersof the 10thrnountain brigade and thrown into the pit Kazani,
7. Ra.doslav Kornljenac frorn Sarajevo, 712 Dragice
Pravice Street, who was slaughtered by Mevludin Selak (witness
649196),
8. Marina Kornljenacfrom Sarajevo, 712 Dragice Pravice
Street, wife of Radoslav Komljenac, who was slaughtered by Refik
~olak; her body was also thrown into the pit Kazani (witness649/96),
9. Vzxsil Lavrian, slaughtered by Zijo Kubat who
separated the victim'r; head from the body and threw the body into the
pit Kazani. Ertan Hukelic participatedin the murder.
10. Jelena-Ana Lavrian, of mother Olga cib ban wife of
Vasil Lavrian, who was ordered by Suad Osmanovic to lie down and
spread her legs and: while he was pushing a piece of wood into her
genitals, Esad Tucakovic set on fire the hair on her genitals and finally
slaughtered her, separated the head from thebody and threw the body
into the pit. Ertan Hukelic took part in therder. 11 . Bosiljka Mandic from Sarajevo, 21Nlll Blagoja
Parovica Street; was in her flat with her husband and her minor son,
when members of the Muslim army came in; after maltreatment they
took her away and the same night, around 10.00 p.m., killed her
together with the married couple Biberdiic, by first decapitating them
and then throwing their bodies into the pit Kazani (evidence 108197-1).
12. Zoran Muminagic, aged 17,killed in October 1993in
Hrasno by Sead Kapetanovic -cupo.
13. Ervin (or Egon) Nikolic, nicknamedEno; Samir Bejtic
forced his sabre into his neck, then the others stabbed him al1over the
body with knives until he was massacred and Samir Bejtic decapitated
him and threw the body into the pit Kazani.
14. Branislav Radosavljevic;whose head was cut off by
Mucan Topalovic, after ~vhichthe body was thrown into the pit Kazani.
15. Katarina Salipur from Sarajevo, 3 Borisa KidriCa
Street, wife of Predrag salipur; after the murder her body was thrown
into the pitKarani.
16. Predrag salipur from Sarajevo, 3 Borisa KidriCa
Street, slaughtered by Nihad Hodiic; Husein Hodiic decapitated him
with a knife and then threw the body into the pit Kazani.
17. Boiidar ~ljivic (witness 649196).
18. Olga sciban, mother of Jelena Lavrian.
Perpetrators: MuSan Topalovic, aka "Caco", commander
of the Muslim military unit; Samir Seferovic, aka "~eble", aged about
30, before the war worked in the "Neretva" enterprise in Sarajevo,
battalion commander in the 10thmountain brigade; Ramiz Delalic, aka
"ce10 2, participated as commander of the "9th mountainous brigade"
of the Army of Bosnia and Herzegovina, together with Topalovic, in
persecution and killing of Serbs in Sarajevo; Ramo Abduli; Asif (or
Akid) AlibaSic, member of the 10th mountain brigade of the Army of
Bosnia and Herzegovina; Samir Bejtic, born 14 January 1969 in
GraEanica,of father Ramo, living in Sarajevo, 36 Dieka Street; Osman
Ge.20,born 13 December 1959in Sarajevo, of father Mustafa, living in
Sarajevo, 26 BostariCiStreet; Salem Gugic, commanderof the logistics
battalion; Ekrem Doric; ldriz DjagolovCanin from Sjenica, killed many
Serbs and threw them into the pit Kazani at the foot of Mt Trebevic;
Sabahudin ~iga; Samir ~iga; Amir Jusovic, aka Fifa; Esad Kadic; Sead-
Sejo Kadic, aka "Guz"; Emir Kapetanovic; Samir Kapetanovic; Sead
Kapetanovic, aka "Cupo"; Zijo Kubat; Sejo Kubat, member of staff of
Topalovic; Haris Kulenovic; Mesud Lagumdiija, commander of the 15th
424motorized brigade of the Army of Bosnia and Herzegovina; Samir
Ljubovic, aka "Mico"; Nermin Narandiic; Haris Numic, aka "Hare", born
12August 1964in Sarajevo, of father Nediad, living in Sarajevo, 3 Sixth
Proletarian Brigade Street; Suad Osmanovic, university student before
the war, from Sarajevo, Triglavska Street, of father Osman; Senad
Pecar, deputy to Topalovic, now colonel of the Army of Bosnia and
Herzegovina; Muhidin Raonic; Esad Raonic; Senad Raonic, aka
"Maskirni"; Fahrudin Raonic; lsmet Sadovic, born 29 March 1964 in
Bitola, of father Hamdo, living in Sarajevo, 56, 6 November Street;
Miralem Sarija, guard in the Central Prison and the "Viktor Bubanj"
prison, participated in Topalovic's actions when he was off duty; Sejo,
aka "Troguz", killed 58 Serbs; Mevludin Selak; Senad Tadic; Omer
Tendio; Emir Topalovic; Diemo Topalovic; Meho TurCalo; Esad
Tucakovic, aka "Eso"', commander of the sniper Company; Senad
HaraEic, born 20 June 1963 in Sarajevo, of father Fadil, living in
Sarajevo, 6 HristeBotlevaStreet; Esad Hasic; Senad Hasic; Alen Hatic;
Nermin Hatic, a crirninal before the war; Armin Hodiic, born 16
February 1973 in Sarajevo, of father Sead, living in Sarajevo, 2a
Mujkanovica Street; Nihad Hodiic; Husein Hodiiic; Ertan Hukelic, aka
"Eso" and aka "Kliker", who had an artificial eye, participated in the
killing of the Lavrian family; Refikak.
Evidence: 647195, 4.32195, 806195-18, 281196-93,44196-3, 341196-1,
289196,478196-27,649196,108197-11 ,09197-2, 128197-3.
(Annex No C 273, Report of the Committee Compiling Data on Crimes
against Humanity anld International Law on Sarajevo - Kazani, 22
September 1996 1991-1993, pp. c2346 - c2352)
7.1.9.16. On 9 October 1992, around 8.00 a.m. the Muslim
military formations carried out a surprise attack and intrusion in the
Serb villages of Podgrab and PraEa.The members of the Army of the
Republic of Srpska nnanagedto repel the attack during the next day
and force the Muslims out to their territory.
On 11 October, the elder son of Koroman Stojka D.K. managed
to enter the hamlet of Mrakanj and found that GrEic Petar, his wife
Kostadinka, Koroman Stojka and her son Darko were killed in their
familyhouse. Near the body of Koroman Darko, a backpack was found,
recognised by witness. On the basis of records and other evidence,the
following perpetratorsof thiscriminal act were identified:
1. Rukotina (or Ruhotina) Aziz, commander
2. KovaEevicOmer
3. KovaEeviClbro
4. PrljaEaRasim
5. PrljaEaHusnija
6. Komarica Atif
7. KovaCevicAmir
8. Komarica lbro
9. Diananovic Hajran
criminal proceedings were instituted against the perpetrators
before the competent legal authoritiesof the Republic of Srpska.
Evidence: 872/95-11; 305197-5(investigation report and medical
findings) (Annex No C 160, Photo 16 - 25), (Annex No. C 124
svedoCenje D.K./testemony D.K., pp. cl 257-1259tc1260-c1261)
7.1.10.0 Capljina
The territory of ~apljina commune was mainly under the
control of Croat armed forces operating under the orders of the
authorities of the Republic of Bosnia-Herzegovina. Their treatment of
Serbs who lived in some villages in this territory did not differ from
the genocidal acts of Muslim armed forces. Serb villages were burned
and civilians were killed ortaken away to prison camps.
7.1.IO.1. In Capljina and its surroundings, the following
Serbs were killed, or disappeared; as there are no data about them it
can be concluded that they were killed:
1. Boio Balaban, aero-club instructor, killed after torture
on 2-3 August 1992in the Dretelj camp (evidence: Sofija Balaban 9/94,
Milena BoSkovic, witnesses' statements to the State Commission for
War Crimes and Crimes of Genocide and to the Commissariat of the
Republic of Serbia for Refugees). 2. Brariko Bekan from TasovCici, Main Road, born 8
January 1942 in TasolvCici,of father Dragutin, killed 7 June 1992 in
MuminovaCa-Domanovici.Branko as moving in an ambulance at which
the Muslim patrol opened and killed him (witnesses 202195, 353195,
454195-14,907195,408196-4).
3. DuSko BoSkovic, born 30 October 1935 in TasovCici,
of father Spaso, killed by the Croat-Muslim army on 15August 1992in
Kriievac, municipality of Stolac.
4. Rajlco Bulatovic from capljina, 43la lvana Krndelja
Street, born 6 July 19Ei4,of father Radoslav, killed by Mirza Kudra from
TasovEici,member of HVO, who shot him in the neck with a 9 mm cal.
pistol (witnesses 454lC15-12,02195, 907195 and 353195).
5. Dan~icaBulut from TasovCici, municipality of ~apljina,
killed on 10 June 199.2at a place where sand and pebble are taken
from the river Neretva in TasovCiciby lvica Bego, of father Zvonko, aka
"~oro", born 1953and by Nikola Jurkovic, aka "Babo" from ~apljina (or
Mirsad Muminovic) (witnesses454195-142 , 02195, 907195and 353195).
6. Djordjo Bulut, born 1949in Prebilovci, of father Danilo,
captured in Kriievac, municipality of Stolac, killed by the Croat army on
21August 1992in Omiic.
7. Slobodan Bulut, born 1947 in Prebilovci, of father
Veljko, killed in June 1992in the offensive of the Croat-Muslim army.
8. Milan Vulic from Gabela, 320, municipality of~apljina,
born 13 April 1965 in ~a~ljina, of father Nikola, taken to Metkovici in
June 1992; his body was found near Gabela near the Jaramazovic
houses (witnesses 454195-142 , 02195, 907195 and 353195).
9. Nikola Vulic from Gabela, 320, municipality of
~a~ljina, born 13May 1934in Gabela, of father Risto, whose body was
found in April 1993not far from his house, on the embankment by the
river Neretva (witnesses 454195-14,202195, 907195 and 353195).
10. N'edja Golo, housewife from Gabela, municipality of
born 1931(or 1932) in ~a~ljina, of father MiloS, unmarried,
~a~ljina,
beaten up in May 1992 in her house by Nedeljko ~iljeg, Nedeljko
Milicevic, Marko Ank:ovic and MiSko Cvitanovic, died on the way to
hospital, buried in Split; her body was exchangedin August 1993when,
after a post mortem, a multiple rib fracture and fracture of the chest
bone was established, caused by the blunt part of a heavy swung tool
(witnesses 454195-14,202195,907195and 353195).
11. Stana DoSen, housewife from TasovEici, municipality
of capljina born 1912in TasovEici, of father Ducan Bekan and mother
Mara, nee IjaEic, killed in the house of Soka Prelo, where she tried to
427hide in June 1992(witnesses 454195-14,202195, 907195, 353195 4,08196-
4).
12. Branko Dragicevic from Klepci, municipality of
~apljina, of father Dragomir, killed in the offensive of the Croat-Muslim
army on 30 April 1992in Klepci.
13. Gospava Dragicevic, nicknamed GoSa (female), born
in 1905,slaughtered on 7 June 1992in front of her house in the village
of Prebilovci.
14.Cvija DraSko(female), from Capljina, II Peline, born 5
November 1905 in TasovCici, of father Pero, killed in Tasovëici on 10
June 1992by Zlatko Vegar from TasovEici (witnesses 45419544,202195,
907195and 353195).
15. Vitomir Dulac from OpliCici, municipality of ~apljina,
born 25 May 1970in OpliEici,of father Gojko and mother Darinka, nee
Laietic, captured and killed on 7 June 1992at a place known as sevac
njive, municipality of ~apljina, by the Croat-Muslim army. According to
the statement of the mother of witness 548196-20 he was captured
alive and after that his body was shown on Croatian TV.
16. Djoko Djonlaga, born 1943, killed on 7 June 1992,
from the back when he attempted to escape fromthe formations of
HOS (Croatian Armed Forces) which were advancing towards the
village ofTasovEici.
17. Milan Djordjic from ~apljina, retired policeman, born
1927 in Bradina, municipality of Konjic, father: Petar, disappeared
(evidence 530196-2).
18. Bogdan EkmeCic, born 1972 in Prebilovci; of father
Danilo, killed in 1994uring the offensive of the Croat-Muslim army.
19. Vasilija EkmeCic, housewife from PoEitelj, 34
MuminovaEa born 28 September 1913in PoEitelj;of father Mitar ~uCko
and mother Sava, nee Pucar, killed on 1 July 1992,at dawn, together
with her sister, at a place known as ModriC-MuminovaCa,at the house
of her Croat relative, Micko Djurakovic, nicknamedDujo, most probably
by the group of Edin SokaC. They were killed in the bedroom from
automatic rifle (witness08196-2).
20. Pavle EkmeEic, from Prebilovci, municipality of
~apljina, born 1973,of father Milenko, killedduring the offensive of the
Muslim-Croat army on 3 June 1992in Fortica, municipalityof Mostar.
21. Nevenka Elezovic (female), from ~apljina, Blagoja
Parovica Street, born 10 February 1935 in ~apljina, of father Aleksa,
killed in June 1992in her flat; she had heard thumping on the window,
got up, switched on the lights and was showered with a burst from
428automatic weapon by Zdenko JakiSa, aka "Pipa" (witnesses 454195-14,
202195,907195and 353195).
22. Slavojka Elezovic (female) from ~a~ljina, 17 Asima
Fazlagica Street, born on 4 September 1953in ~apljina, of father Jovo
and mother Stoja, nee Lojpur, killed at the beginning of June 1992by
members of HOS in Tripici, on Kravica, buried on the Orthodox
cemetery in ~apljina. Slavojka was a mental patient and was arrested
in the Street by four uniformed HVO members (witnesses 454195-14,
202195,907195, 3531954 ,08196-3).
23. Radoslavka ~dralic (female), pensioner from
Domanovici (ReCice), municipality of ~apljina, born 1928(1932), in
Domanovici, of father Spasoje and mother Dostinja, nee Mrkic, killed on
8 June 1992. Radoslavka did not wish to leave the village and when
the shelling began skie hid in the house of Muslim neighbour, Mujo
Kohnic; when the Croat-Muslim army entered the village they asked
whether there are any Serbs in Kohnic's house; Radoslavka said that
she is a Serb, they took her out,shot and killed her from riflehen and
there (witnesses 454lCl5-14, 02195, 907195, 353194 5, 8196-8).
24. Mitar Zelenkovic, born 1963in ReCice,municipality of
~apljina, of father hAilan, captured and killed on 7 June 1992 in
Muminovaëa by Alo Cluric, member of HVO from Potkosa, municipality
of ~apljina; he lives iri Germany now.
25. Slavko Zelenkovic, born 1960in Reëica, municipality
of ~apljina, of father Vojko, captured and killed on June 1992by the
Muslim-Croat army, in Muminovata, municipality of ~apljina.
26. ~eljko Zirojevic from ~a~ljina, of father Radivoje,
killed on 10 November 1992, during the offensive of the Croat-Muslim
army.
27. Milica Zurovac from the village of Grabovina,
municipality of ~a~ljiiia, found in a blood puddle in 1993 (witnesses
454195-14,202195,907195and 353/95).
28. Boro lvkovic from ~a~ljina, 31Asima Fazlagica, born
29 August 1960,of father Milan, killed on Kravica (witnesses 454195-14,
202195,907195and 353195).
29. Vojko IjaCic from TasovCici, 43 M. ljaëica Street,
municipality of ~a~ljina, born 15 February 1913in TasovCici, of father
Lazar, killed on 8 Jurie 1992in TasovEici by Mirza Kudra from TasovEici
(witnesses 45419544,202195,907195and 353195).
30. Vojko IjaEic, aka "Majstor", born 1921,killed on 7
June 1992in front of his familyhouse in TasovEici. 31. Drago IjaCic, farmer from the village of OpliCici,
municipality of ~a~ljina, of father Luka and mother Andja, nee Gagic,
born about 1913in the same village; he was seriously ill, killed in his
village on 8 June 1992by the minor son of Omer suta and by Mirza
Kudra because he refused to leave the village (witnesses 454195-14,
202195, 907195,353195,408196-10).
32. Milan Ijaëic, born 1962 in OpliEici, municipality of
~a~ljina, of father Nikola, killed in the offensive of the Croat-Muslim
army on the Nevesinje battlefield,on 10November 1992.
33. Nevenka IjaCic from the village of OpliCici,
municipality of ~a~ljina, wife of Milan Ijaëic, killed in Kuline in the
village ofOpliëici by Turajlic or ~ejtanic from Turaljevina, a settlement
in Oplitici (witnesses 454195-14,202195, 907195and 35385).
34. Jovan KovaEevic from ~apljina, born 1953 in
TasovEici, of father Stojan, wounded in May 1992 in Klepaënica near
Klepci, died after operation in Belgrade.
35. Milovan Krunic, aka "Runje", from Prebilovci, born
1956,killed in the Croat-Muslim offensiveon the Nevesinje battlefield in
1992.
36. Dr DuSanka Kuzman, dental surgeon from ~apljina,
6 V. Vlahovica Street, born 23 November 1944,of father DuSan, killed
together with her husband on Modrië hill above TasovEici at the end of
June 1992,after release from the Dretelj camp. Buried on the cemetery
in ~apljina. Participating in her killing and the killing of Dr Nikola
Kuzman, her husband, were Zdenko JakiSa, aka "Pipa" from ~apljina,
Edin SakoE from Tasovëici, brothers Jozo and Zlatko Vegar from
TasovCici, Jure cep0 from Dretelj and Mile Nogolica from ~apljina
(witnesses 254194-14,202195, 2231954 ,08196-14).
37. Dr Nikola Kuzman, specialist ingeneral stomatology,
from ~apljina, 6 V.Vlahovica, born 14February 1941in ~apljina, of father
Risto, former president of the municipality in~apljina, killed at the end
of June 1992,after release from the Dretelj camp, when Edin SakoE,
brothers Jozo and Zlatko Vegar, Jure CePo and Mile Nogolica came in
his flat and took him and his wife to Modrië hill, where they were killed
(witnesses 254194-14,202195, 223195, 408196-14).
38. Ljaëic Bosa, born 1928,slaughtered on 7 June 1992,
about 2.00 p.m., in front of her family house in the village of Potkosa.
39. Ana Mandrapa from Gabela, of father Andrija and
mother Milica, unmarried, raped by Croats, after which she was found
dead in ~apljina. 40. Luk.a Mandrapa, of father Ratko from Klepci, born
1948, killedduring the Croat-Muslim offensive on Klepci, on 7 June
1992.
41. Necfjo MaruSic from Klepci, born 1940, of father
Spasoje, killed during the Croat-Muslim offensive in Klepci, on 25 May
1992.
42. Slobodan MaruSic, of father Milorad, from Klepci,
born 1951,killedduring the Croat-Muslim offensive in Klepci, on 25 May
1992.
43. Draginja Medan (Medic) from Prebilovci, born 28
August 1930 in Prebi~lovci,of father Risto and mother Zorka, nee
Tanasilovic; she remained in her village on 7 June 1992to look after
her house and killed the next day, as her sister (witness 408196-12)
found out from a Croat, who had found her body and buried it near the
house.
44. Slobodan MiloSevic, teacher from ~apljina, born
1947, of father Djuro, killed on 10 November 1992 during the Croat-
Muslim offensive.
45. Lazar Miric from Gabela, of father Milovan, killed in
1992 during the Croat-Muslim offensive.
46. Nenad Mirkovic from Mostar, died in mid-1992in the
Dretelj camp as a resiultof severe beating.
47. IlijaMisita, aka "Pundo", from TasovCici, 115Naklo,
born 10October 1926in TasovCici, of father Ilija; killed by a shot from
rifle on 7 June 1992by Fikret BoSkailo, by the order of Mirsad Kudra
(witnesses 454195-14,202195,907195,353195).
48. Milan Misita, technologist from Tasovtici, Main road,
municipality of ~a~ljiria, born 10 September 1943, of father Savo and
mother Danica; he vvas wounded on the occasion of the taking of
TasovCici on 7 June 1992,could not move and remained lying on the
spot where he was vuounded.The Croat soldiers killed him. According
to some information this was done by Zlatko Vegar and Vinko cemeras
(witnesses 454195-14,202195,907195, 3531954 , 08196-26).
49. Predrag Mitrovic from Ca~ljina, 150Vrgorac, born 1
October 1966in ~apljina, of father Ilija.
50. Draginja Mrkic, housewife from Domanovici(ReCice),
municipality of ~apljina, born 1927in Domanovici, of father Trifko Mrkic
and mother Andja, riee Pudar, killed in August 1992 in her relative's
house and then burried together with the house (witnesses 454195-14,
202195, 907195, 353195 4,08196-7). 51. Zorka Mrkic, housewife from Domanovici (ReCice),
municipality of ~a~ljina, born 1900in Hodbina, municipalityof Mostar, of
fatherMiloS;killed in August 1992in Dorrianovici (witness 408196-7).
52. Danica Mrkonjic from Tasovtici (female), 7
A.Bostandiica Street, born 30 April 1912 in TasovEici,of father Pajo.
53. MiloS Muratovic from Poprat, born 12 June 1934 in
Poprat, municipality of Stolac, of father Lazar and mother Mileva, nee
JakSic: taken from the camp in the ~apljina barracks about 20 June
1992and could be traced since (witness 548196-26).
54. Zoran Nikolic from Gabela, 21 Adema Buée Street,
municipality of ~apljina, born 28 August 1957 in ~apljina, of father
VukaSin, killed in April 1994by members of Zdenko Jakic's group, who
took him out of his flat which was located near the railway station in
capbina and killed him under the new bridge and threw the body into
the rive: Neretva. He was buried on the Orthodox cemetery in ~apljina
(witnesses 454195-14,202195, 9071953 ,53195).
55. Ljubo Pantic, born 1941in Klepci, of father Simo,
killed in Klepciuring the Croat-Muslim offensive on 25 May 1992.
56. Jovo Pejanovic from Mostar, died in the Dretelj
camp in mid-1992as a result of severebeating.
57. Milica PeriSic, housewife from ~a~ljina, Asima
Fazlagica Street, aged about 70; she stayed at home as she was
immobile, together with her son Simo; she waskilled about 20 June
1992in her house by members of the Croat army because they wanted
the house emptied for somebody to move in; she was buried on the
cemetery in Gabela (witness 408196-25).
58. Simo PeriSic, tractor driver from ~a~ljina, Asima
Fazlagica Street, born 1936in Gabela, municipality of~apljina, of father
DuSanand mother Milica, he stayed with his immobile mother. About 14
June 1992he was taken by members of the Croat army, who killed him
two days later. He was buried on the cemetery in Gabela (witness
408/96-25).
59. Branko Pjaca, born 1970 in Lokve, municipality of
~apljina, killed in 1992ring the Croat-Muslimoffensive.
60. Radomir PokrajCicfrom Prenj, municipality of Stolac,
born 1968, of father Ljuban, captured and killed by the Croat-Muslim
army at a locality known as ~evac njive on 7 June 1992.
61. Soka Prelo (female) from TasovEici, 52 A.
Bostandiica Street, municipality of ~apljina, born 20 July 1911in
TasovEici, of father Danilo IjaEic and mother Andja; killed by Mirsad
Muminovic and Marko Hajic from Klepci, municipality of ~apljina, near
432the veterinary stationiiiTasovtici, on 10June 1992 (witnesses 202195,
353195, 454195-14,907195,537196,408196-4and 408196-5).
62. Divna Pudar (female) from ~apljina, born 17
November 1960 in Sarajevo, of father Ljubo and mother Lala, nee
Budimtic; she was a mental patient, stayed at home because she did
not wish to leave her paralysed mother. In June 1992 she was
imprisoned in the camp in Capljina and her body was delivered to the
authorities of theRepliblic of Srpska on 29 August 1993in Kupres. At
that time Dr Stankovic showed her father-witness 408196-27the injuries
in the region of the forehead and neck (witnesses 454195-14,202195,
907195, 353195).
63. Velimir Puhalo, of father Spasoje, born 1956 in
Prenja, municipality cif Stolac, killed by the Croat-Muslim army in
MuminovaCa,municipality of ~a~ljina, on 1 May 1992.
64. Slavko Puhalo from OpliCici, born 10 March 1950, of
father Vojislav, killedfter capture on 7 June 1992by the Croat-Muslim
army at the locality Sevac njive, municipality of ~apljina.
65. V~ikaSin Reljic, locksmith from ~apljina, M.ljaEica
Street, born 18 March 1971in ~apljina of father Novica and mother
Djurdja, killed on7 June 1992in Muminovata-Domanovici. He set out in
his "Zastava 101"passenger car, together with his father and mother
and was stopped in Muminovata by members of the group of Mirza
Kudra from Tasovtici and al1were killed (witnesses 45419544, 202195,
907195, 353195, 40819i5-9).
66. Djiirdja Reljic, woman-worker from ~a~ljina, M.ljaCica
Street, born on 22 August 1946in Mostar, of father Drago Komlen and
mother Cvija, nee ~i~pljeglav, killed on 7 June 1992 in Muminovata-
Domanovici. She set out in a car with her son and husband but they
were intercepted in fvluminovata by members of the group of Mirza
Kudra from Tasovtici and al1of them were killed (witnesses 454195-14,
202195,90195, 3531954 , 08196-9).
67. Novica Reljic, retired driver of "Autotransport"
enterprise from ~a~ljina, M.ljaeica Street, born 1944 in Tasovtici,
municipality of~a~ljina, of father Jovo and motherMara, nee Ekmetic,
killed on 7 June 1992;his body was thrown into the river Bregava. He
set out on a trip with his wife and son by car, but was intercepted by
members of the groiip of Mirza Kudra and al1 were killed (witnesses
454195-14,202195,90'7195,353195,408196-9).
68. Evgenije Samardiic from Mostar, died in the Dretelj
camp in mid-1992as a result of severe beating. 69. Zdravko Simic from ReCice,municipality of ~apljina,
aged about 60, of father Lazar, killed on 20 May 1992by a shell fired
from the Croat-Muslim side, buried on 21May 1992in Brestovik, ReCice.
70. Bogdan Spahié born 1970 in Tasovëici, of father
DuSan, killed in 1994during the Croat-Muslim offensive.
71. Draien Tripic from ~apljina, of father Sreten, killed
by the members of HOS, probably on Kravica, municipality of LjubuSki
(witnesses 454195-14,202195, 9071953 ,53195).
72. Sreten Tripic from ~a~ljina, of father Novica, killed
by the members of HOS, probably on Kravica, municipality of LjubuSki
(witnesses 454195-14,202195, 907195, 353195).
73. Simana ~uktera~, nee Slijepëevic, from the village of
Klepci, municipality of ~apljina, born 1924or 1925in the village of Ivica,
municipality of Ljubinje, who stayed in the village of Klepci;ince 1992
her whereabouts are unknown. Witness 408196-6 last saw her on 7
June 1992on leaving the village and she then told him that she would
stay (witnesses 454195-14,202195, 9071953 ,53195).
74. Vlado ~olovic from Malo Polje, municipality of
Mostar, born 25 October 1947in Malo Poije, of father Vaso and mother
Mara, nee Vukovic, disappeared on 7 June 1992on the occasion of the
attack of the members of HVO (Croatian Defence Council) on the
village of Klepci, municipality of ~apljina. After that his mother (witness
548196-10)found out that he had last been seen in the prison in
LjubuSki.
75. Cvija ~uëak, housewife from PoCitelj,No. 34, born I
September 1909 in Opliëiéi, municipality of ~apljina, of father Nikola
IjaCicand mother Cvijeta, nee Gelo, killed on I July 1992at dawn in a
place known as Modriëa-Muminovaëa, in the house of her Croat
relative,MiSko Djurakovic, nicknamed "Dujo", by the group of Edin
SakoC, in which also was Boban from Zagreb. She was killed in the
bedroom together with her sister from automatic rifle (witness 408196-2).
76. Djordje-Djoko Dionlaga (Djonlaga) from Tasovëici,
born 26 July 1944in Opliëici, municipality of ~apljina, of father Novica,
killed on 7 June 1992in MuminovaCa-Domanovici(witnesses 454195-14,
202195, 9071953 ,53195).
77. Mileva ~akota, wife Milenko from ReCice,
municipality of Capljina, aged about 70, killed in Podgrad in Stolac, in
the summer of 1992by Paiin, a Croat from Prenja, Stolac (witnesses
454195-14,202195,907195,353195).
78. Saveta ~akota from the village of Kozice,
municipality ofëapljina, born 1920,of father Milan.
434 79. Slobodan ~akota, of father Milenko, born 1955 in
Reëice, municipality of ~apljina, captured and killed on 7 June 1992in
MuminovaCaby the Croat-Muslim army.
80. Djuro ~koro from Mostar, died in the Dretelj camp
in mid-1992as a result of severe beating.
The most responsible persons for these killings are:
Marko Ankovic, born 1970,of father Vidan; Borislav BjeliS, participated
in the killing of Serbs in the Dretelj camp; Zvonko BjeliS, aka
"Crvenkapa", participated in the killing of Serbs in the Dretelj camp;
Boban, first name uinknown, Croat; Fikret BoSkailo from TasovCici,
Naklo, born 5 Septerriber 1969in ~a~ljina, of father sacir and mother
Kimeta; member of the 42nd mountainous brigade, participated in the
killing of Serbs in ~apljina (witnesses 454195-14,202195, 907195 and
353195); Edin BuljubaSic from Stolac participated in the killing of Boio
Balaban on 2 or 3 August 1992in the Dretelj camp; Zlatko Vegar from
Tasovëici, Main road, was employedin the biscuits factor- in ~apljina,
born on 2 March 1966 in ~a~ljina, of father llija and mother Iva,
participated in the killing of the married couple DuSanka and Nikola
Kuzman in the village of TasovCiciin 1992(witnesses 454195-14,202195,
907195and 353195);Josip Vegar, aka Jozo, waiter from TasovCici,Main
road, born 13 December 1961in ~a~ljina, of father llija and mother Iva,
killed Milan Misita, participated in the killing of the married couple
DuSankaand Nikola Kuzman and in the killing of Serbs in TasovCicion
7 June 1992 (witnesses 454195-14,202195, 907195and 353195); lvica
Vego, aka "~oro", from ~a~ljina, 17 Matije Gupca Street, born I May
1953 in ~a~ljina, of father Zvonko; Marina GrubiSic from Gorica near
~apljina, participated in the killing of Serbs in the Dretelj camp; Zoran
Delic, major of the former JNA, born 1960 in Travnik, of father ~erif,
member of the 116thHVO brigade in Ca~ljina (703194); Mile ~ilic,
member of HVO police in capljina (45419544);Zoran N. from Konjic,
participated in the killing of Serbs in the Dretelj camp; Zubac, member
of HVO police in ca~ljina (witness 454195-14);Zdenko JakiSa (Jakic),
aka "Pipa", from ~a~ljina, Oslobodjenje (Square), born 27 June 1968in
~a~ljina, of father Filnp,participated in the killing of the married couple
DuSanka and Nikola Kuzman in mid-1992(witnesses 454195-14,202195,
907195 and 353195); Niko Jurkovic, aka "Babo", from ~a~ljina, 19
V.Vlahovica Boulevard (now Dr Ante StarCevica Street), born 21
December 1949in ~apljina, of father Ilija; Blai Kraljevic, commander of
the camp, participated in the killing of Bo20 Balaban on 2-3 August
1992 in the Dretelj camp (witness 9/94); Pero Krndelj from GnjiliSte,
chief of national security in capljina (witness 454/95-14);Almir Kudra,
435aka "Hogar" (or "Ugar") from TasovEici,born 1972,in ~apljina, of father
Enver, participated in the killing of Serbs inljina (witnesses 454195-
14, 202195, 907195 and 353195); Mirsad Kudra, aka "Mirza", from
TasovCici,Nakla, born 21February 1968in ~apljina, of father Mithat and
mother ~amila, now living in the area of Jablanica, memberof the 116th
HVO brigade, participated in the killing of Serbs inapljina (witnesses
703196, 454195-14, 202195, 907195and 353195); Marina LjubiSic,
participated in the killing of Boio Balaban on 2-3 August 1992 in the
Dretelj camp (witness 9/94); sime Marinovic, camp commander,
participated in the killing of Serbs in the Dretelj camp; MarinkoMaric
from Grabovac, HVO officer (witness 454195-14);Pero Markovic, from
GnjiliSte by birth, HDZ president in ~apljina (evidence: 703194 and
436194);Ivan Medic, aka "Poskok", participated in thekilling of Serbs in
the Dretelj camp; Stanko Matic, from GnjiliSte by birth, general of the
former JNA, born in GnjiliSte, general of the Croatian army (evidence:
703194and 436194);Nedeljko Milicevic, aka "sapa", born 1968,of father
Ivan; Mirsad Muminagic (Muminovic), aka "Tadija", from the village of
Struga near ~a~ljina, born 31 March 1945 in Ljubuski, of father Nail,
chief of HOS police for civilian affairs, taxi-driver before the war;
convicted several times for thefts (witnesses 454/95-14,202195, 907195,
353195); Mile Nogolica from ~apljina, participated in the killing of
DuSanka and Nikola Kuzman (witnesses 454195-14,202195, 907195,
353195); Slavko Pavlovic, member of HVO (witness 45419544); Vinko
Primorac from RadiSicinear LjubuSki,participated in the killing of Serbs
in the Dretelj camp; Robert Rebac from TasovSici, 15 Main road, born
25 July 1966 in ~a~ljina, of father Pero; Edin SakoC, locksmith from
TasovCici, 137Naklo, now living in the vicinityof Mostar, born 7 March
1959 in TasovCici, municipality of ~a~ljina, of father Meho and mother
Ramiza, nee sejtanic, participated in the killing of the married couple
DuSanka and Nikola Kuzman in Tasoveici in mid-1992 (witnesses
454195-14,202195, 907195,353195);Jasmin Turajlic from TasovCici, 104
Naklo, born 10 May 1974 in ~apljina, of father Adem; Vinko Cemeras
from TasovSici, Maksima IjaCica Street, born I November 1940 in
TasovCici,of father Ljubo, memberof the Croat army "Prince Domagoj"
(evidence: 703194 and 436194); Mile cemeras (evidence: 703194 and
436194): Sajo Horozic, participated in the killing of Serbs in the Dretelj
camp; Miroslav Hristic (Hrastic), aka "Caro", from LjubuSki, Mirka
Mucica Street, born 16August 1949in LjubuSki,of father Petar, officer
of HOS police in capljina and commander of the Dretelj camp,
participated in the killing of Serbs in Capljina (witnesses 45419544,
202195, 907195 and 353195); MiSko Cvitanovic, of father Mato; Jure
436cep0 from Dretelj, born 1969, participated in the killing of the married
couple DuSanka and hlikola Kuzman in TasovCici in mid-1992(witnesses
454195-14,202195, 907195 and 353195); "~vabo" (the German), member
of HOS from Slavonija (evidence: 703194 and 436194); ~ejtanic from
the Turaljevina settlement in OpliCici; Nedeljko siljeg, aka "Mingo", born
1968,of father Nikola; Suta from OpliCici, hamlet of ~u~kovina, of father
Omer who was sentericed, after the Second World War, to 12years of
severe imprisonment because of criminal activities during the Second
World War; Zarina Sul:a (female) from Dubrava, municipality of ~apljina,
participated in the killing of Serbs in Dretelj; unknown workers of
"Jadran-trans" from Split and members of the 116thRijeka-LjubuSki HVO
brigade (evidence: 703194and 436194).
Evidence: 9/94, 7031!94, 436194, 486194, 454195-14, 202195, 223195,
3-53/95, 907195, 120196,338196, 364196-17,537196, 408196-2, 408196-4,
408196-5, 408196-6, 408196-7, 408196-8, 408196-9,408196-10,408196-12,
408196-14,408196-25, 408196-26, 408196-27, 530196-2 5,48196-26.
7.1.11.O. ViSegrad
7.1.11.l. ln the first half of April 1992,Muslims attacked
the Serb village of (;lavice and fatally wounded an unarmed civilian
from firearms, e.g.
1. Mico Indjic in the courtyard of the house of his son-
in-law Gojko Djuric.
lndjic died before medical help could have been
extended to him.
Perpetrators: Huso Kurspahic, policeman in ViSegrad
before the war.
Eviderice: 678195-19and 809195-6.
7.1.11.2. In the spring of 1992, armed Muslims in the
village of ~titarevo, nnunicipalityof ViSegrad, killed a Serb civilian from
firearms, e.g. 1. Nedjo Linda from TrSevina and wounded another
man.
Perpetrators: Mustafa Vilic,~amil Karic, Ramiz Cocalic
and Kurspahié,aka "Car".
Evidence: 809195-1and 673195-2.
7.1.11.3. In June 1992,during the attack on the Serb
village of Zemljice, Muslimsoldiers killed from firearms, on the threshold
of hishouse
1. Bo20 Vujkic, a Serb civilian, aged about 65 and
burned the village.
Perpetrators:ESref Sibalo and other Muslim soldiers.
Evidence: 809195and 678195-19.
7.1.11.4. In mid-1992, in the village of Kozar, Muslim
soldiers found
1. Stoja Tomic
She was in the house of her brother llija Kozarac and
when she tried to escape, they wounded her and then, although she
was wounded they took her with them and tortured her for a month.
They forced her to go to the village of PetruSa,together with a Muslim
woman, and to bring from her weekend house al1 family jewellery
(rings, gold, ducats) and hand it to them. They slaughtered her after
that and left her unburied.
Perpetrators: Muslim soldiers
Evidence: 678195-15
7.1.11.5. On 21 July 1992 in Kustur Polje, Muslim
soldiers opened fire at a civilian "Golf" passenger car, plate number
GZ-584-00 driven by
1. ~eljko Tasic from Bosanska Jagodina, which was
moving from Uiice towards ViSegrad.Tasic was hit in the head and his
travelling companion
2. lvica Marinkovic from Uiice, in the chest, inflicted
them fatal wounds of which they died on the scene of the incident.
Lj.C. who also was in the vehicle suffered injuries because of the
overturning of the vehicle.
Perpetrators: Mustafa Smajic from Donje Dubovo, where
he was born on IOctober 1972,of father Sabrija and mother Mirsada;
438Ragib Hurem from Mala Gostilja, where he was born on 24 September
1960,of father Ragib.
Evidence: 133195-35, 52194-9and 456194-9.
7.1.11.6. On 4 August 1992, in the Serb village of
Zagradje, a group of Muslim soldiers killed a civilian
1.Milan Kneievic, born 1941
by slaughtering him; his arms were cut off up to the elbows and his
legs up to the knees, after which they burned his house. In the ashes
of the house the half-burned, carbonized body of the victim was found
with the extremitiescul.off.
Perpetrators: lbro Kabaklija, aka "~imbur", from
ViSegrad, born 25 November 1967 in the village of Kosovo Polje
(ViSegrad),of father Ahmet; brothers Vilici, Muslim soldiers, Menzilovic,
Muslim soldier.
Evidencie:678195-14,133195-8and 456194-2.
7.1.11.;7. On 8 August 1992, Muslim armed forces
attacked the villages of Bursici and Klisure in ViSegrad commune,
where there were no Serb forces, killed eight Serb civilians and razed
both villages to the ground.
While Marko Kusmuk was tending sheep near his home
in the village of Klisura, Muslim soldiers killed both his sons
1. Milorad Kusmuk (father: Marko), born 1961; and
2. Milo5 Kusmuk (father: Marko), born 1965.
They ialso set fire to the house with Marko's wife and
an aunt in it:
3. Danica Kusmuk (father: DuSan), born 1931; and
4. Joka VukaSinovic (father: MiloS), born 1914.
Danica burned to death in the house. Joka managed to
escape from the flames, but the Muslim soldiers killed her
immediately.
The following persons were also killed in Klisura that
day:
5. Drago Kusmuk (father: Veso and mother Milena), born 1954,6. Zoran Kojic (father: Ljubo and mother Jelka), 1965, from the
neighbouring village of Adrovici.
The Muslim soldiers then burned down Kusmuk's house,
two stables, a pigsty, a hut and a dairy and took awa105 sheep
and 13 cattle, estimated at 700 000.
In Bursici on the same day, Muslim soldiers killed:
7. Boiana ICagic (female), bo1905,and her daughter,
8. Stanojka ICagic (father: Vojin),1933.
Evidence440194-20.
7.1.1.8.In ViSegrad, on24 July1992, Muslim soldiers
deliberately killed:
1. Ranko Samardiic, born1931
Samardiic was killed in front of his house by Kemal
Isic, IbrahimUS~O and Hasan Veletovac.
Evidence:440194-27,
7.1. 1.9.In Donja Lijeska near ViSegrad, at the end of
July 1992,a group of Muslim soldiers led by Ramiz Nuhanovic from
the village of Tustamedj killed the Serb woman:
1. Radojka Rajak,(father Milic) 1927
The soldiers raided Radojka's house solely because she
was Serb, and Nuhanovic shot her in the doorway several times.
After killing her the Muslimoldiers set fire to the house and al1
outbuildings, including stables, a pigsty and a barn.
Evidence:440194-30.
7.1.Il10. On 25 October 1992Muslim soldiers attacked
Serb villages of KoSarim and Paljevine. In the village of Koearim they
killed from firearms
1.Koviljka Mirkovic (female), in the courtyard of her
house; On the body of the victim were found the wounds in the
region of the back and the back of the head. The bullets entered at
one end ar?dcame out on the other.
In the village of Paljevine they shot from firearms at
2. Milkci Zeëevic, who was leading her cow, moving in
the direction of her courtyard.
Milka was hit in the region of the back and died of the
inflicted injuriesortly afîer the incident.
Perpetrators: Ahmet Sejdic, from the village of Drokari,
where he was born cin 2 January 1960,of father Ibro; Zaim Kustura
from ViSegrad, born on 25 April 1963in Babin Potok, of father Islam;
Osman Maric from Ba.bin Potok, where he was born on 19 December
1944,of father Huso; Sejad Diafic from Holijaci, where he was born on
30 October 1957,etc.
Evidence: 133/95-12,552/94-7, 456/94-6 and 7, 673195-
23, and 440/94-29.
7.1.11.11. On Krëevina meadow near the village of
Vlahovici near ViSegrad, on 9 June 1992, a group of Muslim soldiers
led by Hamdo Bajic from Velika Gostija killed the following Serb
villagers:
1. Dragomir SimSic, born 1949;
2. Perka SimSic (female), born 1941; and
3. Boio ~im~ic. born 1932.
Dragomir and Perka were executed with firearms, and
Boio was slaughterecl by Ragib Hurem.
Evidence: 440/94-35.
7.1.11.12. A Muslim unit commanded by Ahmet Sejdic
from ViSegrad attacked the village of JelaSci near ViSegrad on 1
August 1992 and killed the following Serb civilians:
1. Mile Savic, (father: Gvozden), born 1943;
2. Petka Savic (female, father: Dragomir), born 1945;
3. Radomir Savic (father: Gvozden) born 1949;
4. Dragan SuSnjar (father: Jovan), born 1928;
5. Slavka ~u~njar, (female), born 1933;
6. Trivun JeliSic (father: Velizar), born 1927;
7. Sava JeliEic, (female), born 1911;
8. Mirjana JeliC-ic(father: Miloje), born 1961; and the minors
9. Dragana JeliSic, aged 8; and10. Vidoje JeliEic, aged 11.
All the victims were killed inside or in front of their
houses.
Evidence: 440194-35,440/94-40 and 279195-6.
7.1.11.13. On 4 October 1992, in the village of
Faljenovici, a group of Muslim soldiers killed the following Serb civilians:
1. Vasilije Vukovic,born 1928
2. Miljana Vukovic (female), born 1929
3. Milan Vukovic, born 1928and
4. Desanka Vukovic. born 1932.
The crimes were perpetrated in such a way that the
victims were killed at close range- Vasilije and Miljana were hit on the
back of the head while they were in their house; Milan and Desanka
were killed in the nearby woods. The bullets entered at one end of the
victims' heads and came out on the other; the arms of Milan Vukovic
were tied on his back.
Perpetrators: Muslim soldiers commanded by Ahmet
Sejdic from the village of Drokan, where he was born on 2 January
1960,of father Ibro.
Evidence: 133/95-9,552/94-11and 456/94-4.
7.1.11.14. On 21 January 1993 during the attack on
Serb villages, the Muslim soldiers killed the folowing Serb civilians:
1. Soka TeSovic, aged 63, in the village of
Straibenice and
2. Desanka Vidakovic, aged about 62, in the
village of Cacice, municipality of Visegrad, who did not managed to
escape.
Soka TeSovic was first tied with wire and taken
around the village of Straibenica to show individual houses and other
buildings which the Muslim soldiers set on fire, whereupon she was
returned to her house. She was then tied to the stove with wire and
burned together with her house. Desanka Vidakovic was found by Muslim soldiers
in her house in Cacice, maltreated her physicaly and then shot at her
and killed herinfront of her house.
Perpetrators: Ahmet Sejdic from the village of
Drokan, where he was born on 2 January 1960 (father lbro and mother
Zemka), commander of the Muslim military unit; RaSid Gu50 from the
village of Drinsko, wliere he was born on 2 January 1950 (father
serfan); Zaim Kustura, aka Hodia; Ramiz Nuhanovic; Fajo JelaCic;
brothers ~imbur and 1-iso;lbro Kabaklija from ViSegrad (father Ahmet),
born 25 November 1967; Ragib Sobo from ViSegrad; Hamdija Bilic;
Muhamed ~acirovic; Avdo Ahmetspahic from ViSegrad.
Evidence: 133195-2,552194-1 2, 456194-8, 678195-
4, 673195-2and 673195-24.
7.1.11.15. In the spring of 1993 a group of Muslim
soldiers, near the village ofitarevo, municipality of ViSegrad killed
1. Milivoje Ristic, Serb, civilian.
Later on there were rumours thet Milivoje "was
dragged away by Sjelina and that he would never come back".
Perpetrators: Sabrija Tabakovic, Nezim Cocalic,
Ramiz Gakovic and lsmet DelibaSic.
Evidance: 809195-1
7.1.11.16. On 27 July 1992,in the village of KaoStice
(ViSegrad), a group of Muslim soldiers fired from firearms at a
passenger car in which were Serb civilians Z.T. and
1. Stevo DraSkovicfrom ViSegrad.
Stevol DraSkovic (born 8 September 1959 in ViSegrad),
who was hit with several bullets, died at the wheel of his car while Z.T.
was wounded in the region of the back and managed to escape.
The Muslim soldiers threw DraSkovicls body out of the
car and set the vehicle on fire.
Evidence: 440194-24. 7.1.11.17. On 16October 1992the Muslim army, on the
occasion of the taking of MeremiSlja elevation, captured nine Serb
soldiers:
1. Mirko Rosic from ViSegrad,born 29 July 1967
2. Goran TuSevljakfrom Zrenjanin, born 1963
3. Milan TeSevicfrom the village of Cacice, born 1958
4. Marjan Markovic from ViSegrad,born 1961
5. DuSko Zaric from the village of Biljezi, born 27 April
1968
6. Milutin ~ijakovic from ViSegrad,born 7 March 1955
7. Miro ~ijakovic from ViSegrad, born on 28 August 1949
8. Milisav Cvrkota from Rudo and
9. Milivoje Stanojevic from ViSegrad, born 14 September
1961.
The Muslim soldiers physically maltreated and tortured
the captured Serb soldiers, inflicting bodily injurieson them and killed
them in the end. Traces of torture and injuries inflicted while their were
alive were found on the bodies of the victims (various parts of the body
of some of the victims were cut off).
Perpetrators: Ahmet Sejdic from the village of Drokan,
where he was born on 2 January 1960, of father lbro and mother
Zemka, commander of the Muslim military unit; Zakir Jamak from the
village of Kosovo Polje (ViSegrad),where he was born on 4 May 1969,
of father Husein; Zaim Kustura from ViSegrad, born on 25 April 1963in
Babin Potok, of father Islam; Bakir Kabaklija from ViSegrad, where he
was born on 2 April 1962,of father Salko; Medo Jelaëic from the village
of Jelaëici, where he was born on 7 August 1951,of father Huso;
Muharem Samardiic from ViSegrad, born on 20 July 1959in the village
of Barim, of fatherSmail.
Evidence: 133195-5,552194-1,456194-11 and 673195-19.7.1.12.0. Brod (Bosanski Brod)
7.1.12.1. On 26 March 1992,in the afternoon hours, the
village of Sijekovac, imunicipalityof Brod (Bosanski Brod), in which the
majority of the population was of Muslim and Croat nationality and in
which there were 50-60 Serb houses, was stormed by a Croat army
unit headed by Mark:o Prkaëa. The majority of soldiers were masked
with stockings over their faces and because of this the witnesses
presume that they were their Croat and Muslim neighbours from
Sijekovac. They called on Serbs over a megaphone to surrender their
weapons and gave ttiem 10minutes within which to do so. The whole
part of the village in which were Serbhouses was encircled and, even
before the expiry of the deadline, the soldiers began to enter Serb
houses and to drive out the villagers who happened to be there. All
this was followed with a lot of shooting. They separated men from
women and children and, the following persons were singled out from a
group of men and killed from firearms then and there:
1. Jovo Zerievic and his three sons
2. MilanZeëevic
3. Vaso Zeëevic
4. Petar Zeëevic
5.Luka MiloSevicand his sons
6.~eljko MiloSevic
7. Dragan MiloSevic, who had been previously seized
from the hands of his mother
8.Sveto Trifunovic and
9. Marko Radovanovic.
Evidence: 584194-1,584194-2, 584194-3,584194-4and 283194.
(Annex No. C 37, svedoEenje M.Z.1testemony M.Z., pp. c384-
~3861~387-~389)
(Annex No. C 38, svedoëenje J.Z./testemony J.Z., pp. c390-
~3931~394-c397)
(Annex No. C 68, :;vedoCenje M.M.4ltestemony M.M.4, pp. c699-
~7011~702-~705)
(Annex No. C 93, svedotenje D.R.2ltestemony D.R.2, pp. c933-
~9371~938-~942) 7.1-12.2. On 8 April 1992 in Sijekovac near Bosanski
Brod, about 1.00 a.m., Croat soldiers entered the house of Novak Sedlic
and
1. Novak Sedlic, born1931and his relative
2. Milorad Brkovic, were taken to the bathroom, beaten,
then poured with petrol and set on fire. Milorad Brkovic managed to
escape although he was shot at and wounded and, when a witness
(female) 584191-4tried to help her husband, she was notallowed to do
so and she was told: "Get out of here or else you will burn as Milorad
and Novak", from which she concluded that theperpetrators had known
her husband and brother and that theywere most probably Croats and
Muslims from their village.Later on she found only parts of the body of
her late husband Novak, while mostof the body was burned.
Perpetrators:
1. Marko PrkaCa,a Croat from Slavonski Brod
2. Zemir KovaCevic,a Muslim from Sijekovac
3. Nijaz~au~evic, aka Nedo, a Muslim from Sijekovac.
Evidence: 584194-1,2,3,4 and 383194.
7.1.12.3. On 24 June 1992,at about 1.00a.m., a group
of five Croat soldiers in HVO uniforms came to building C of the
setîlement of Skela in Bosanski Brod and knocked on the door of flat
No. 14 in which lived
1. Slobodan Stojakovic,a Serb
with his wife and child, aged II. Frightened, his wife came out on the
balcony with her child and both jumped from the third floor. She was
seriously injured. She heard the screams of her husband. When she
returned to her flatlater, she found traces of blood and the next day
she was summoned to identify the body. She recognized the body of
her husband on the cemetery. His neck was cut and he had a large
number of stab wounds in the region of the chest inflicted with a knife.
After paying for the burial expenses as she was ordered, she was
expelled from Bosanski Brod, together withher son.
Perpetrator:Blaienko Kljajic and other membersof HVO
Evidence: 584194-19. (Annex No. C 80, svedorienje
D.S./testemony D.S., pp. c808-~8101~81- 1c813)7.1.13.0. Kupres
7.1.13.1. On 4-5 April 1992, in the Vilina Kuca suburb
of Kupres, members of Croat-Muslim armed formations tortured and
brutally killed the following unarmed Serb civilians:
1. Vlajko Danilovic, born 1952, who telephoned his Croat friend,
Marko Vila to ask fcir help during attacks by Croat-Muslim forces in
the Kupres area. Vila promised that he would save him and invited
him to his house. However, Danilovic was shot when he went to
Vila'shouse. There were gunshot wounds in the area of his neck and
waist:
2. Milan MiliSic, born 1965, who was tortured before being killed, as
shown by many bruises on his head and in the area of the chest and
stomach, cuts made in the chin and stomach area with a blade. He
was finally shot in the head;
3. Stanko Maric, born 1949; and
4. Marko Keranovic, born 1948, who were shot in the back when
they tried to escape from settlement in the direction of Plazenica
mountain. Both were wearing civilian clothes and were unarmed;
5. Rade Kneiic, born 1926, who tried to hide when the attack began,
but was caught, beaten, tortured and finally shot; and
6. Djordje Manojlovic, born 1955, who was also unarmed and tried
to hide in the woods. where he caught and shot.
These murders were committed by: Safet Pilic, chairman
of the Kupres branch of the Muslim Party of Democratic Action;
Sulejman Pilic; Sejo Pilic; Ekrem Pilic; Milenko Vila; Marko Vila;
Mirko Vila; Mijo Vila; Zoran Vila; Ratko Rebrina; Smail Mandluka;
Miroslav Kaminski; Anto Jelic; Zijad ManCuka; Boio Zulj; Pero
Dumanicic; Josip Zrno; lbro Horozovic; Ahma Horozovic; lvica ~ulj;
lgor Vila; Ruidi RamCiC;Amir Ramcic; Miroslav VrgoÇ; Manuel Ledic;
Dragutin Ledic; Ivo Males; Darko Simic; Draien Simic; and Ivo
RaStegorac.
Full personal details are available for al1these persons.
Evidence: 117195-1
7.1.13.:3. During the attacks by Muslim-Croat forces in
the territory of Kupres commune on 5-6 April 1992, hitherto respectedlocal Croats and Musiims abused the trust that they had previously
enjoyed among their Serb neighbours. In agreement with the
commanders of the armed formations, they invited Serb civilians to
come with them and promised to take them where there was no
fighting. They brought together a large nurnber of Serb civilians in this
way and took them to the house of Milenko Vila on Narodnih Heroja
Street in the suburb of Vilina Kuca. Milenko Vila was chairman of the
Kupres branch of the HDZ.
The Serbs were taken from there and shut in the cellar
of the building of the Croat-Muslim army's headquarters, where they
were maltreated and tortured. They were beaten with clubs, sticks,
electric cables and other implements, causing serious physical injuries
and psychological pain. Seven of the imprisoned Serbs were then
lined up in front of the cellar wall and executed with shots fired from
automatic weapons.
The following Serbs were killed:
1. Jova Zubic, born 1950;
2. Dragan ~ormaz, born 1952;
3. VlastimirJarCevic, born 1956;
4. Nedeljko Karan, born 1949;
5. Vlado Duvnjak, born 1945;
6. MomCilo ~e~um, born 1937; and
7. Predrag Baltic, born 1971.
Three other perçons were seriously wounded. Their
names are also known.
The dead and wounded Serbs were loaded onto the
trailer of atractor and driven by Pero DumanCic to a hill above the
village ofOdiak near Kupres, where they were thrown in a pit.
This crime was committed by the same people listed in
section 7.1.13.1.
Evidence: 117/95-1 and 333/95-23
7.1.13.3. Croat-Muslim armed formations attacked
Kupres between 3 and 6 April 1992. Units coming from Duvno
(Tomislavgrad) and many places in the Republic of Croatia were
joined Croats and Muslims from the Kupres area, who armed
themselves, donned camouflage uniforms with HOS insignia and
placed themselves under the command of the unit that started the
attack. Ataacks on t!?? t~.~n!t?of Kupres \,Y;?;.;:
partici.ilar agâii-1stthe suburb of Kratelj, wt~icti [vas rrtain!, :.-.,.. : '3!,
Serbs. Man. Serbs cvere captured in tneir homes. 4 ii.iF>.I..~..-.'
Serb holases and important buiidings like the police starii:;~.i:-.z ..>!~I.
the bank. the elemeritury s~hool and the out-patients clini,: :i-;-.~ ..!~;e
range ,4 iocal Croat sat on the tank and showed the gu1111:.1 ?ir.~~-;t.
i.iouses arid orher biiildiriÿç cc,fi:.!at.
Nine Serb were killed in this attack on tkiu 5 -, ,, nv
Kiatell
1 Vojislav Kaniik, borii 1955, was first wounded and i~as ri1ci. k ied
Oy a burst from an automatic weapons;
2. Milorad Kontic, born 1958;
3. Todor Dragoljevic, born 1958;
4. Spiro Bosnic, born 1954;
5. Trifko Pavlovic, boin 1957, and
6. Nedeljko JarCevic, born 1950, were shot down 3s ::..;. . ele
coming out of the house of Milorad Kontic with lheir arrii; .;4<5. !~nj
surrender;
7. Lazc Kontic, born 1960, was captured arid tortured, in the 1: ;.$7se
of :&hich his left ear vvas cut off, before he was shot dead
8. Drago ~elebic, borii 1966; and
9. Stevo Lugcirija, boin 1966, were taken prisoner and si.--. : .r3l:T
or the Kamel eafe on the orders cf the coinmoiia,-' 'c?
Crcat-Muslim furces.
These crimes werr cornrr:iiteci by. FI.:- - -. .?<i
commander of the unit, whose first name is rint kr~o~i~. ,, *...-.,,-
Drago Radie; Zoro Tilralija; Borislav Zrno; Jure Zrno. Br;!':: SI';:;?
Marko lvic; Ivica RavanEic; Rasim .lahic; Dragun Durna.-l. ::..n+e
PerkoviC; Ivan Jezidiic; Marko Labric; Franjo Smc'ljo; Ljupk? .'-l,:*'c
Franjo Mamic: Ivo Zrno; lvica Zrno; and Mario Zrno.
E\~ide~icc 1t'1!'30-2 ,3:3s120. 333121 333122
(Arinex No C: 160, Photos 26 - 32), (Arinex No C 11.2
M s ltestemonji h4.s , PP cl236 1211/c1242-c1249)
;':l.l3.4. On the morning of 3 April 1992, Cros,?. ";i'-r.'.'.,
forces from L.iino arrd ~ujica attacked the Serb village f - 'T:: ;:
Malovan in Kupres commune, shooting unarmed civilians wi-,:; .tr !:: 'i,
escape, killing from sriiper rifles and other infantry weapons +.' 'l-cir,-t
civilians and wounding 3 civiliaris in this attack, while the othe! :-;iii'i
captured and taken to the camp in Duvno (Tomislavgrad). Killed were:
1. Darinka Duvnjak (female), born 1933;
2. Svetozar Duvnjak, born 1962;
3. Milo3 Duvnjak, born 1925;
4. Mitar Duvnjak,born 1940
5. Vlado Duvnjak, born 1907;
6. Milan Duvnjak, born 1936;
7. Mitar Duvnjak, born 1967;
8. DuSan Duvnjak, born 1967;
9. Marinko Duvnjak, born 1922;
10. Niko Kanlic; born 1956; and
11 .~ivko Maksimovic, born 1966.
Three other women whose names are known were
wounded too, while one of them was old.
These persons were killed and wounded when they
tried to escape from the village into the surrounding woods in three
trucks. Mitar Duvnjak was first gravely wounded and then shot dead
with an automatic rifle from close range.
These killings were committed by Croat-Muslim armed
forces from Duvno (Tomislavgrad) and Livno.
Evidence: 1 17195-3.
7.1.13.5. On 7 April 1992 Croat-Muslim formations
attacked the village of Rilic (Kupres commune) populated only by
Serbs. The attack was launched ?rom the neighbouring village of
Kukavice, which was inhabited by Croats and Muslims. The following
unarmed Serb civilians were killed as they tried to escape from the
house of Sava Rudic, where they had been hiding:
1. Niko Males, born 1931;
2. DuSan Soro, born 1934; and
3. Borislav Rudic, born 1941.
DuSan Soro and Borislav Rudic were shot dead by
infantry weapons, and Niko Male8 was killed in a savage manner and
decapitated and his head was discovered lying near the body.
This crime was committed by Croat-Muslim armed
formations.
Evidence:l17/95-4. 7.1.13.6. In Begovo Selo in Kupres commune, populated
by inhabitants of various nationalities, on 7 April 1992, Josip Turajlija
shot the unarmed Serb villager:
1. Sima Spremo, born 1929.
The victim and his family were the only Serb civilians
left in the village after the breaking out of armed conflicts.
Josip 'Turalija, a Croat from the same village who knew
his neighbour.
He came armed and dressed in a Croatian Army
uniform with a unit led by Drago Turalija. Turalija shot Spremo
several times while he was walking towards the stable in order to
feed his cattle.
There are full personal data on the perpetrator of this
crime.
Evidence: 117195-5.(Annex No c 160, Photos 33)
7.1.13.7. lvica StipCevic and other members of Croat-Muslim
armed formations raided the Serb village of Zanaglina in Kupres
commune on 9 April 1992. Finding only unarmed and defenceless old
people, women and children, they drove them out of their houses and
maltreated them by rnaking them lie face down on the ground. They
then killed the followirig people with barrage fire from machine guns:
1. Petar Soro, aged 78;
2. Strahilo Spremo, aged 82;
3. Spasoje Marié,aged 62; and
4. Milorad Spremo, aged 56.
6
They then set fire to the Serbian houses. When fired
on by Army of the Republic of Srpska from the direction of Lake
TurjaEa, the attackers used captured male Serb children as a live
shield during their withdrawal from the village. The deaf and mute
M.R. was wounded ori this occasion.
lvica StipEevic was one of the members of the
Croat-Muslim formation responsible for this attack.He came from the
neighbouring village of ~ujice and thus knew that al1the victims were
Serbs.
Evidence: 117195-6.
7.1.13.8. Croat-Muslim armed forces attacked the
exclusively Serb populiatedvillage of Botun in Kupres commune on 10April 1992. Arriving at the house of the Serb Stojko Spremo, they
forced open the door of the cellar knowing that a number of
frightened civilians were hiding there and threw in a hand grenade.
The following wornen died in the explosion:
1. Savica Spremo (female), aged 72; and
2. Andja Spremo (female), aged 57.
They then set fire to the house which burned to the
ground, together with the bodies in it.
On that occasion they also killed Savica Spremo's son
Branislav Spremo, who had been hiding in the attic, but was caught
when he tried to escape. They tortured him, cutting his face several
times with a knife, and then shot him.
Evidence: 117/95-7
7.1.13.9. On the night of 6-7 April 1992, in Straianj on
the road from Kupres to the village of ~ujice, Ive ~iëak, a member of
a Croat armed formation from Odiak in Kupres commune killed:
1. ~arko zivanic (father Cvije), born 1946, as he tried to escape frorn
a column of prisoners. zivanic had feared that the prisoners were
being taken to pits on Borovska Glava Hill into which Ustasha had
thrown over 200 Serbs from his village in 1941. Guards shot at hirn
with automatic weapons when he tried to escape and wounded him
in the legs. He fell down and was unable to return to the column
when ordered because of his wounded legs, at which ~i~ak walked
over to him, cursed and his Serb mother and shot him in the head.
On this crime there exist full personal data on Ive
~i~ak.
Evidence: 117195-9.333/95-20 and 333195-23.
7.1.13.10. Croat-Muslim formations attacked a truck on
the road between the villages of Rilic and Ravno in Kupres commune
on 8 January 1993, the second day of Orthodox Christmas, during a
cease-fire. The vehicle was carrying Serb civilians including women,
children and persons above 60, and the following people were killed:
1. DuSanka JarEevic (female), aged 58;
3. Andja JarEevic (fernale), aged 44;
2. Radmila JarCevic (female), aged 20;
4. Marko Kontic, aged 70;
5. Bogoljub Lugonja, aged 60;6. Risto Lugonja. aged 54;
7. Ostoja ~elebic, born 1954:
8. Cvijo Dragojevic, born 1956;
9. Branko Lugonja, born 1957;
10. Mihajlo Dragolje\~ic,born 1961 ;and
11. Moma Dragoljevic, born 1972.
Ariother 11 people whose names are known were
seriously wounded.
The attackers were well aware that this road was
controlled by the Army of the Republic of Srpska, and that it
connects Serb villages and was used exclusively by Serbs. This
shows that the aim of the attack was to kill Çerbs, especially as they
were celebrating the main Orthodax holiday.
Evidence: 117/95-12.
7.1:13.11. On 23 September 1994 in Mala Rijeka in
Kupres commune, eight uniformed Muslim soldiers captured ten
unarmed Serb civilians, al1 employees of the Gorica forest economic
enterprise from ~ipovo, as they were felling timber.
The captured foresters were taken to Bugojno, where
they were tortured and suffered serious physical injuries, and theii
transferred to the prison in Travnik, where:
1. Danilo Maiijanac (father: Jova), born 1937, succumbed to injuries
on 27 September 1094, while the others were held there until thev
were exchanged in November 1994.
Evidence: 117195-13, 333195-18, 333195-19, and 110195.
(Annex No, C 20, svedokenje J.û./testemony J.G., pp. c203-
~2071~208-c2'10), (Aiinex No. C 85, svedokenje M.P.l/testemony
M.F.1, pp. c853-~859/c860-~864)
7.1.13 12. A number of Serb civilians arrested in
Kupres cori-irriune were taken to prison camps outside the territory of
the Republic of Bosriia and Herzegovina to the Republic of Croatia.
where they were physically and mentally tortured. Some of them were
killed.
7.1.13.12.1. In a prison in the Lora naval base in Split
(Republic of Croatia), the Serb Petar Spremo, who had been brought
from Kupres, was killed by Croat soldiers, who hit him with a metal
pole and fractured his skull in many places. He died soon afterwards. On being taken out of the lorries in which they were
brought to this camp, the Serb prisoners from Kupres were forced to
pass through a cordon of 500 armed people, who hit them with a
variety of objects. Most of the Serbs were knocked unconscious.
After being put in cells, the prisoners were tortured
every day. Salt was forced into their mouths. Guards poured petrol
over them and threatened to set them on fire. They were given
electric shocks. Grenades and pistol barrels were forced into their
mouths. They were also starved andhumiliated in al1possible ways.
Eight persons (whose names are known), who had
been tortured and seriously injured, were taken from Split one night
to the Zadar area. Nothing has been heard of them since and they
are presumed killed.
The commander of the camp at that time was Tomo
Dujic.
Evidence: 117195-8, 117195-1 0, 117195-11, 117195-2,
333195-20, 333195-21, 333195-2a 2nd 333195-23.
7.1.13.12.2. On the night of 18-19 April 1992 in the
so-called Croatian Hall in Vrgorac, where there was a detention camp
in which Serb prisoners from the Kupres area were kept, Mile
Spremo was killed. He was savagely beaten, until he fell to the
ground. Two Croat soldiers then jumped on him, smashing their
knees into his chest and injuring vital interna1organs. Spremo died
that night without receiving any medical assistance.
The commander of this camp at that time was a certain
BoSkovic,first name unknown.
Evidence: 117195-11
7.1.14.0. Jablanica
According to the lastcensus of 1991there were 12 664
inhabitants in the municipalityof Jablanica: 9136Muslims, 2 253 Croats,
504 (or 4.5 per cent) Serbs, 573 Yugoslavs and 196 others. A large
number of Serbs declared themselves as Yugoslavs. Accordingto the
census taken by SDS (Serb Democratic Party) also in 1991,there were
650 Serbs in Jablanica. In view of the small percentage of Serbs inthat municipality, who declared their loyalty to the Croat-Muslim
authorities, they were not exposed to genocide as was the case in the
neighbouring municipality of Konjic. In this municipality there was
constant tension betvieen the Croats and Muslims, in particular in the
villages in the direction of Prozor, where an open armed clash took
place already in July 1992.Prozor was taken by Croats and Jablanica
by Muslims. Life with Muslims was unbearable for Serbs, in particular
after the killing of Vlado ~uia, who was killed in the vicinity of his
house while mowing grass. The Serb population was waiting for a
suitable chance and, with the help of Croats, was leaving the area in
large numbers and crossing over to the Serb-held territory of Bijela and
Borci, leaving behind its houses, property and al1 its wealth acquired
over centuries.
The largest number of Serbs lived in the villages of
Ostroiac and DobrigoSce in the municipality of Jablanica. Out of 818
inhabitants in Ostroia~c219were Serbs, while in DobrigoSce out of 125
inhabitants 48 were Serbs. Today there are no Serbs in these two
villages atall.
7.1.14.1. The following members of the Army of the
Republic of Srpska were captured by Muslim forces on 13 November
1994:
1. Risto colovic (father: Stojan), born 1955;
2. Miljan Radulovic (father: Branko), born 1974;
3. Mirko Simic (father: Djordje), born 1959;
4. Slobodan Pudar (father Mladen), born 1970.
They vvere imprisoned in the cellar of the Revolution
Museum in Jablanica., where they at one time were tied up with
barbed war and tortured in various ways.
The Muslim major Nihad (surname unknown) and
Adnan SalEin killed the four captured soldiers in the middle of
December 1994 with iapickaxe and a sabre. They first killed colovic
and Radulovic and then Simic and Pudar.
The post mortem conducted after the bodies of the
soldiers had been exchanged in Podveleije established:
~olovic had a fractured skull and facial bones, skull
roof and had no skull and face, had gunshot wounds on the lower
part of both legs, brok:enlower both legs and four broken ribs. Radulovic had two stab wounds on his chest, which
had been inflicted by a sharp object moving from below upwards and
from tne right towards the left side. Facial bones had also been
fractured.
Simic's body was exci-ianged without its head, which
was said to have been cut off by a mechanical object.
Pudar had gunshot wounds on the left side of the neck,
fractured facialbones and cuts on the neck, as well as a previous
fracture of theleft elbow.
The perpetrators of these actions were the director of
the Museum in Jablanica, Seno Diino, his assistance Nihad, Adnan
Salitin and other members of the Muslim forces.
Evidence: 392194, 371195,392195-2and 584196-25.
(Annex No. C 17, svedoëenje M.V.1testemony M.V., pp. c167-
cl 701~171-c175) (Annex No C 269, obdukcioni zapisnik M.S./autopsy
report L1.S. pp. c2315-~23181~2319-c2322)
7.1.14.2. In the municipality of Jablanica the following
inhabitants of Serb nationality were also killed:
1. Vladimir-Vlado ~uia, worker from Ostroiac,
municipaiity of Jablanica, born on 3 July 1936 in Ostroiac, of father
Obren, married. He was killed on 24 June 1992while mowing grass,
together with two other Serbs, by his neighbours, members of the
Muslim army, Vahid Piralic, Bilah Mutap, Rusmir KovaEevic and Huso
Delalic (witness 61/97-36).
2. Luka ~uia, worker, born in Ostroiac, who went to
work at the railway station Ploëe on 7 May 1992 and has not been
heard of since.
3. Dragoljub Kneievic, worker from the village of
Paprasko, municipality of Jablanica, born 27 November 1967, in the
same village, of father Spaso. In July 1993he was found dead in the
tunnel Gornje Paprasko, allegedly run over by an UNPROFOR
personnel carrier.
4. Spaso Kneievic, pensioner from the village of
Paprasko, municipality of Jablanica, born 23 May 1925 in the same
village, of father Pero. In mid-June 1993 he was found unconscious,beaten up, in the tunnel of Paprasko in Jablanica. Three days later he
died as a result of toiture.
5. Djuro Manigoda, pensioner from DobrigoSce,
municipality of Jablanica, born on 20 April 1914in DobrigoSce, of father
Lazo, married, father of four children. In May 1994 beaten up by his
Muslim neighbours, rnembers of the Muslim army, who entered his
house demanding money. They beat him up and his wife Bosiljka and
took DM 10 000 frorri him. A couple of days later Djuro died of the
consequences of torture.
6. Bosiljka Manigoda, nee susic, housewife from Donja
Jablanica, born 1924iii the village of ~elebici, municipality of Konjic, of
father Vaso and mother Simana, married, mother of four children.
Members of the Muslim army entered their house on 1 July 1992, at
night, demanding that her husbandwho was a game keeper before the
war, to surrender his weapons. They started to beat him immediately,
in the presence of his wife. After that they took him to thebasement
and continued to beat him. When he came back he found Bosiljka
dead.
7.1.15.0. Livno
In 19!31the Croat Democratic Union (HDZ) assumed
power in the commune of Livno and immediately started removing
Serbs from important offices and appointing Muslims and Croats to
them as they had formed a coalition. They started calling the Serbs
"Chetniks" and "aggressors", and make propaganda against the JNA.
7.1.15.1. At the beginning of April, 1992, units of the
Republic of Croatia and other paramilitary formations under the
command of Ante Gotovina, started coming to Livno. The paramilitary
formations were composed of domestic and foreign nationals who
spoke German, Englisli, Spanish and other languages. They had the
red and white chequered Croatian flag insignia and the letters RH
(Republic of Croatia) and the capital letter "UN (a symbol of the
fascist "Ustasha") on their lapels. Their uniforms were black, from
which the Serbs concluded that this meant the formation of a new
Ustasha army like the one formed during World War II.
In the territory of Livno, there were pits into whichled
Serbs had been thrown during World War II, which had been made
457known to the whole world by trials of war criminals after the war.
These memories provoked fear among Serbs that history would
repeat itself and Serbs would again be killed and thrown into pits.
After the first attack on mainly Serb inhabited Kupres by Croat forces
in April 1992, Serbs from Livno started fleeing in large nurnbers so
as to Save their lives.
7.1.15.2. On 27 April, 1992, the Serb Orthodox Easter
Day, local Croat and Muslim forces started arresting Serbs,who were
taken from their homes, from their work places, their fields and the
streets, to makeshift prisons and camps. The "lvan Goran KovaciC"
and "10 October" schools were transformed into prison camps for
Serbs, and the garages and premises of the police station were used
for the same purpose. Propaganda and other forms of intimidation
made it clear to Serbs that there would be no place for them in the
territory of Livno.commune, and they were publicly told they would be
treated in line with the formula applied by the Ustashi during World
War II: one third would be killed, one third converted to Catholicism,
and one third would be expelled. The official authorities in Livno
staded putting this into practice with arrests, beatings, harassrnent,
the burning of houses, rape and killing.
7.1.15.3. The following is a typical example of the mass
murders:
As the chief representativesof the military authorities in
Livno, Zdenko Andabak, a military police commander from SuvaCa
near Livno, Muhamed Ibrahimovic, a former JNA officer, military police
chief in Zvornik and head warden of the prison camp in the "lvan
Goran KovaCic" school, Tomislav Garic, "Mutavi", the assistant police
commander from Livno, Marko Franjic from Duvno and an unknown
German nicknamed "~vaba", plenipotentiaries of the rnilitary
authorities, are no doubt responsible for the lives of many Serbs in
this district, who were killed after being tortured, beaten or raped. On
20 July 1992, for example, the following Serb civilians were killed:
1. Milena Laganjin, aged 39, who was killed in the doorway of her
home;
2. Milan ~dero, who was beaten, causing fractures of several bones
and then burnt to death;
3. Aleksandar - Aco Arnaut, who was tied to a radiator and then
burnt alive;
4. Vojin KovaCevic,who was beaten until he died of his injuries;
5. Vesa Radeta (female), aged 53;
6. Manojlo Radeta, aged 53;
7. Nenad Pokrajac, aged 578. Janja Laganjin (female);
9. Mile Vujanovic;
10. Rajko ~unjka, aged 54;
11. Andja ~unjka (female), aged 54;
12. llija Mihajlo, aged 55;
13. Milica Mihajlo (female), aged 53;
14. Milorad CrnCevic,aged 57;
15. Vlado Mitranic, prominent lawyer, aged 54;
16. Mijo Radoja
17. Stojan Paiin, pensioner;
18. Mico Paiin, pensioner;
19. Milan Paiin, pensioner;
20. Andja Jovic (female), aged 40;
21. Rajko Raco, agetj 53;
22. Andja Crnogorac (female), aged 62;
23. Milivoje Crnogorac; and
24. Mile Bajilo.
In addition to the above persons, it is thought that
another 150 Serbs were killed in Livno during the summer of 1992,
including 13 Serbs brought from camps in the Republic of Croatia,
one Velibor among tlhem. Most of the dead Serbs were thrown into
pits.
(Annex No. C 9, svedoCenje Dj.B./testemony Dj.B., pp. c66-~691~70-
c73)
(Annex No. C 16, svedotenje D.V./testemony D.V., pp. c159-
cl 621~163-c166) (Anriex No C 250, svedotenje D.L./testemony D.L.,
pp, ~2165-~21701~2171-~2176)
7.1.15.4l. Before being killed and thrown into pits, Serbs
were tortured in the rnost savage ways. Chetnik symbols or the letter
"U" was carved on prisoners' heads with knives. Their blood was
drained. They were given electric shocks, forced to perform unnatural
sexual acts, knock each others teeth out, lick blood from the floor,
drink urine, et...
c.o., and S., B., S., and P. from Zastinje were
mercilessly beaten, while B., P., D., L. and others received electric
shocks, were beaten with clubs and subjected to other forms of
inhumane treatment. Those who died as a result of beating and
torture were taken out and their bodies were burnt beside garbage
containers in the camp yard.
Evidence for 7.1 .15.1 to 7.1.15.4: 493194-39, 378194-13,
318194-15, 339194-4, 339194-5, 205194-4, 205194-2, 200194, 284195-1,
4, 5, 10, 18, 24, 26, and 27, 292195-18, 292195-21, 284195 and
87197-2. 7.1.15.5. In the "Ivan Goran KovaSic" school in Livno,
there was a camp for arrested Serb civilians which at times houses
up to 300 prisoners. Some prisoners were severely tortured. One
witness remembers that, on the night of 15 September 1992, 13
people were taken from the camp, killed and thrown into a pit on
KoriSnik Hill, including his acquaintance:
1. Milun Bailo.
This crime was committed by the camp commander and guards, who
were members of the Muslim armed forces.
Evidence: 378194-13, 493194-39, 378194-15, 205194-4 and
87197-2. Annex No. C 40, svedoCenje M.l.1testemony M.I., pp. c407-
~4101~411-~415)
7.1.15.6. In mid-1992 in the village of Donji Zabljak,
Branko Jukic mined houses with the intention of driving Serbs from
the village, and killed his neighbour
1. Ratko Arnaut.
Evidence: 205194-2.
7.1.15.7. Inlate April 1992, the following Serb was
killed in the prison in the former police station in Livno:
1. Milan Vujanovic, he was thrown from the third floor.
Evidence: 292195-1 8 and 292195-21
7.1.15.8.During the summer of 1992, Dr Zlatko ~keric,
Dr Ante Drnasin and Dr Mirzeta Alijagic, al1from Livno: committed the
following crimes: Dr Zlatko ~keric, a forensic expert, falsified reports
of post-morterns of Serbs who had died violently, stating that they
had committed suicide; in the hospital in Livno where they worked, Dr
Ante Drnasin and Dr Mirzeta Alijagic refused to examine or aid Serbs
who had been severely wounded and in critical condition.
Evidence: 205194-1,and 205194-4.
7.1.15.9 The following persons have been identified as
perpetrators of the crimes against the Serbs in Livno: Zdenko
Andabak, military police commander; Zoran Andabak; Branko
Antunovic; Stipo Barun; Senad BaSic; Jozo Boloti; Hasan Bubalo;
Sead Velagic; Miljan Brkic; Stanko Vrgo ; Tomislav Garic, nick-named "Mutavi", assistant military police commander; Marko
Damjanovic; Mato Cirinovac; Ante ~arko; Dino Hodiic; Zijad Hodiic;
Muhamed Ibrahimoviic, former JNA officer, and chief warden of the
prison camp in the "Ivan Goran KovaEiC" school; Nediad
Jahjahvendic; Muhanied JaSarevic; Branko Jukic; lzet Klinac; "Kobra",
real name unknown, commander of the so-called Fifth Section of the
camp; llija Krezo; Anto Misic; Draien Pejzer; Hozo Peric, inspector
and chief of police in Livno; Marko Pranjic; Ivo Puric; Jozo Stanic;
Senad Sudar; Mato ceko; lvica cubela; Jozo curic; and "~vabo",
real name unknown, a German national.
7.1.16.0. Goraide
The testimonies of numerous witnesses show that an
atmosphere of destructive hatred towards Serbs prevailed in Goraide,
frequently manifested in death threats and warnings that there was
no place for Serbs iii Goraide. This atmosphere was encouraged by
top Muslim officiais irlspired by the idea of creating a Muslim state in
Bosnia-Herzegovina. This atmosphere was conducive to individual and
mass crimes aimed at destroying any people standing in the way of
the Muslim state, wtiich would, in the minds of its champions, also
encompass the area where crimes were being committed.
The numerous, wilful killings of Serb civilians
committed by the Muslim authorities and army without any legal basis
can only be attributed to genocidal motives. A War Presidency
headed by Hadio Efendic, the then President of the Municipal
Assembly, made decisions on the killing of Serb civilians in Goraide,
and the killings c'ommitted on his orders were subsequently
sanctioned by alleged "court martials". The verdicts were written by
Kemo Djuliman, before the war a magistrate in Goraide. (witness
36/95). At the begening of February 1993 Efendic went over to
Sarajevo and later cm, because of his services, he was appointed
ambassador of Bosnia and Herzegovina to Austria.
The killing of Serb villagers who had not managed to
flee, regardless of their sex or age, can only be explained by
genocidal intentions.lrhe same applies to the killing of prisoners.
So-called "silent killin-"the inflicting of bodily injuries,
torture, starvation,reation of conditions in which people deteriorated
physically and mentally (in prisons, POW camps and camps for
civilians) was also common. In the camp for civilians in MoSa Pijade Street, inmates
were not allowed to take shelter in corridors or the cellar during
shelling. Many were killed and wounded by shells.
Serb prisoners were taken from a prison in a house in
Medinovic to the bridge in Goraide with the intention that they would
be killed on the bridge, and their deaths attributed to the Serb army.
In addition to Hadio Efendic, the greatest responsibility
for the creation of the climate of ethnic intolerance falls upon the
following SDA leaders: Rijad RaSCic, Enver Borovina, HaSo Kuljah,
Fehim Pleh. Kemo ~elik and Hasan Tafro.
Since the outbreak of the war, Serbs in Goraide were
maltreated in many different ways by the Muslim army'and police,
including insults, threats, physical attacks, physical and mental
suffering, house searches, seizure of property, illegal arrest,
evictions, to restrictions of movement, imprisonment in camps,
starvation and the destruction of public buildings, and killing (in
houses, in the street, in camps, by the river Drina and in other
places.).
Serbs were killed in places where they were found or
taken to. According to accounts of Serbs who fled Goraide, the
Muslim army and police killed about 300 Serb civilians in the territory
of the commune of Goraide. Muslims themselves boasted that they
had killed 250 Serb civilians in the first months of the war.
In the climate which encouraged the killing of Serbs,
murders were committed by civilians, and even children, without
anyone preventing them.
7.1.16.1. Thus in Goraide and its vicinity, among
others, the following were killed:
1. Dragica Andric from GlamoC,municipality of Goraide,
born 1904in GlamoE, of father Lazo and mother Andja, nee Poklopic,
killed at the beginning of 1992 in her village; she was slaughtered,
according to the knowledge of her son 514196-8.All civilian population
which happened to be there was killed in the same way.
2. Dragomir Andric from GlamoE, municipality of
Goraide, born 1939in the same place, of father Nedeljko and mother
Dragica, stayed in the village because of his mother and could not be
traced since and is believed to have been killed (witness 514196-8). 3. Raciomir Andric, born 1932,of father Nedjo, killed in
the village of GlamoC,municipality of Goraide.
4. Toclor Apostolov, graduate of economics, Goraide, 12
Sandiatkih brigada Street, born 8 April 1936in the village of Krivodol,
municipality of Dimitrovgrad, of father Arsen, was employed in
"Pobjeda" enterprise, Goraide; in July 1992he was taken to the camp
in Mujkovica Polje, k~illedafter cruel torture and his body was thrown
into the river Drina (witnesses: 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,25,42;
426194;59419444;36/95; 205195-3;514(96-15) and 478196-11).
5. DuSan Bojic from Sarajevo, who happened to be in
the village of Buloge, was killed when the Muslims took the village on
16August (army of Alija Prazina from Renovica).
6. Milan Varagic from Goraide, 12 SandiaEkih brigada
Street, in July 1992 taken to the camp in Mujkovica Polje; after cruel
torture killed and his body was thrown into the river Drina (witnesses
440194-3,4,6,8,9,10,ll,I2,13,14,15,16,18,25,42;426/94;594194-14; 36195;
205195-3;514196-15 and 478196-11).
7. Svetisiav Varagic, aka "Batko", from Goraide, 12
SandiaEkih brigada Street, born 1960in Goraide, of father Milan, killed
together with his father in the camp in Mujkovica Polje in July 1992and
thrown into the riverClrina(witness 478196-11).
8. Steva Varagic, taken away in July 1992and killed in
the settlement of Mahala near the mosque (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,I~3,I8442;194;594194-14;36195;205/95-3).
9. Drago Vidakovic from Goraide, born 10October 1936,
of father Jovan, killedduring the attack of Muslim units commanded by
Meho Drljeviéand Enes Turkovic, on the village of Borak Brdo, where
he hid, on 22 May 1992; he was hit in the back of the head from
firearms (witnesses 4713196-1a0nd 514196-161,44197-6,144197-9).
10.llija VlaSki from the settlement of Bacci, born 30 July
1930,of father Ostoja, happened to be at home; he was first wounded
and then killed on 5 May 1992.Slaughtered and his body was thrown
into the nearby brook: (witnesses 370194,478196-7).According to the
knowledge of witness 514196-22the murder was committed by Hasib
Mirvic from Bacci; l'aib Zec told witness 287195-2 that he had
committed that killing. 11. Buda Vukadin from the village of OsjeCani, harnlet
of Smreke, killed in mid-1992in his village on the occasion of the attack
on the village by rnernbers of the Muslim armed forces (witness 36/95).
12. Mila Vukadin (fernale) from the villageof OsjeCani,
hamlet of Smreke, of father Nikola, killed at her home in 1992,when
the Muslims stormed the village.
13. Milka Vukadin from thevillage of OsjeCani,hamlet of
Smreke, wife of Buda Vukadin, killed in her village on 16 August 1992
by being burned alive in Risto NeSkovic'shouse, together with his wife
Vukosava (witness 36/95).
14. Milja Vukadin from the village ofOsjetani, hamlet of
Srnreke, rnunicipalityof Goraide, aged over 70, taken away frorn her
home on 16August 1992by Osman SubaSic to the camp in Mravinjac
and then to BeriC and killed there (witnesses 594194-13,36/95, 478196-
15).
15. Nikola Vukadin from the villageof OsjeCani, hamlet
of Srnreke, aged over 80,killed in his village on 16August 1992 during
the attack of members of the Muslirn armed forces on the village
(witnesses 36/95, 478196-15).
16. Sava Vukadin frornthe village of OsjeCani,harnlet of
Srnreke, aged about 80, killed in his village on 16August 1992 during
the attack of members of the Muslirn armed forces on the village
(witnesses 36/95, 47819645).
17. Boiana VukaSinovic (fernale) from the village of
Gornja Bukovica, municipality of Goraide, born 1926,of father Djordje;
killed on 25 May 1992in her village by mernbers of the Muslirn army
who, afier taking Serb villages on the territory of the rnunicipality of
Goraide, looting and burning Serb houses and other establishments,
also were killing Serbs who had not managed to escape (witness
36/95).
18. Veljko VukaSinovic from the village of Gornja
Bukvica, municipality of goraide, of father Dimitrije, aged about 73,
killed on 25 May 1992in his village by Muslirn soldiers (witness 36/95). 19. \lukaSin VukaSinovic frorn the village of Gornja
Bukvica, municipality ofGoraide, of father Pero, aged about 87, killed
in his village on 25 May 1992by Muslim soldiers (witness 36/95).
20. Grozda VukaSinovic (fernale), from the village of
Gornja Bukvica, of father Vujadin, killed in her village on 25 May 1992
by Muslirn soldiers (witness 36/95).
21. Danica VukaSinovic (female), from the village of
Gornja Bukvica, municipalityof Goraide, of father Boio, aged about 64,
killed in her village 25 May 1992by Muslim soldiers (witness 36/95).
22. Jovanka VukaSinovic (female), from the village of
Gornja Bukvica, municipalitycf Goraide, wife of MiloS VukaSinovic,born
on 28 October 1933,of father Gavro, killed in her village on 25 May
1992by Muslim soldiers (witness 36195,144197-9).
23. Milo3 VukaSinovic from the village of Gornja
Bukvica, municipality ofGoraide, of father Nedjo, born on 17June 1928,
killed in his villagein 25 May 1992by Muslim soldiers (witness 36195,
144197-9).
24. Milorad VukaSinovic from the village of Gornja
Bukvica, rnunicipality ofGoraide, of father Todor, born on 12 October
1913,killed in his village on 25 May 1992 by Muslirn soldiers (witness
36/95, 144197-9).
25. N. VukaSinovic from the village of Gornja Bukvica,
municipality ofGoraide, killed on 25 May 1992by Muslirn soldiers who,
aftertaking Serb villages on the territory of the rnunicipalityof Goraide,
in addition to looting and burning Serb houses and other
establishments, also killed Serbs who had not managed to escape
(witness 36/95).
26. Koviljka Vukovic, aged 55-65; one night towards the
end of 1993 was taken away from her flat, killed and her body was
thrown into the river Drina, where it was found subsequently. (witnesses
440194, 3,4,6,8,9,10,11l,12,13,14,15,16,184,42;94; 594194-14; 36/95;
205195-3;514196-1 a1nd 478196-3).
27. Kojo Vukovic frorn Goraide, 347 Milivoja Vujovica
Street, born on 12 March 1941in Nekopi IlovaEa, of father llija and
rnother Cvijeta nee Radovic. Captured on 24 August 1992on the relay
Trovrh as a mernber of the Republic of Srpska Army. In September
1992brought to the prison in Goraide and after 15 day there was no
trace of him; the gua.rdstold other prisoners that he was shot at and
killed (witnesses 478196-3,514196-7and 514196-5).
465 38. Krsta Vukovic, 12 SandiaCkih brigada Street,
Goraide, taken to the camp in Mujkovica Polje in July 1992and, after
cruel torture, killed and his body was thrown into the river Drina
(witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,5,61;94; 594194-14;
36/95; 205195-3:
514196-15.
29. Stojan Vukovic from Bigovici (BoguSici) killed in his
house in mid-1992by Muslim soldiers who, after taking Serb villages on
the territory of the Municipality ofGoraide, in addition to looting and
burning houses and other establishments, also killed Serbs who had
not managed to escape (witness 36195).
30. Rastko Vukomanovic (Vukmanovic) from Goraide,
was killed in' Goraide on 24 April 1994. (witnesses 440194,
3,4,6,8,9,10,11,12,13,14,15,16,18,4422; 94; 594194-14; 36195; 205195-3;
356196-13;514196-17 3,7,40).
31. Mara VuCkovicfrom sasici, aged about 50, tried to
escape from the village which was converted a camp for Serbs, in the
direction ofPraCa,however, she was captured and severely beaten up,
after which she was returned to the village. She was exchanged in the
autumn of 1994 and soon died of injuries inflicted on her by beating
(witness 478196-5).
32. Jovan GavriloviC,of father Lazar, from the village of
Crvljice (Crvljivac), killed in his village on 22 August 1992, 7.00 p.m.
(witness 36/95).
33. Lazar Gavrilovic, aged 92, from the village of
Crvljice (Crvljivac), killed in his village on 22 August 1992,at 7.00 p.m.
(witness 36/95).
34. Ranko Gavrilovic, wounded on the road Jabuka-
Vrazalice, in a passenger car, on 28 August 1992;he died shortly after.
35. Mara Gavrilovic, an old woman from the village of
GlamoE, municipality of Goraide, grandmother of Ana Lasica (on her
mother's side), (witness 514196-8).
36. Radan Gigovic, killed in 1992on Mt PovrSnica.
466 37. Desa Gladanac from Goraide, born 1920 in
Goraide, of father Vaso; disappeared in 1992.
38. llija Gladanac from the village of Borak Brdo,
municipality of Goraide, born 1913,killed from firearms in front of his
house during the attack of Muslim units, commanded by Meho Drljevic
and Enes Turkovic, on the village of Borak Brdo on 22 May 1992(cut
into pieces with a k~nife,in front of his house) (witnesses 440194-21,
36/95, 478196-10and 514196-16).
39. Zora Danilovic, nee Perovic, aged 50, killed on 15
April 1994; Salko Herenda threw her down from the balcony of Veljo
Jagodic's flat, which was on the fourth floor of the high-rise building,
No. 9 Mira ~ekarica Street (height 17m).After the fall she was taken to
the Health Centre where she died. She was buried at a place known
as Kolijevke (witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,25,42;
462194;594194-14;36/!35;205195-3; 287195-2).
40. Milutin DaSic from Potkovice, severely beaten, died
of injuries inflicted as a result of beating (witness 287195-2).
41. Da.nilo Delic, nicknamed Dragan, from Crkvine near
Mravinjac, municipality ofGoraide, born 1960,of father Danilo; he was
arrested in his village in May 1992 by Muslim military formations and
taken to the camp in Mravinjac, where he was killed in mid-June 1992
(witnesses 594194-133, 6195,514196-8and 514196-9).
42. Jo\lo Delic from Crkvine near Mravinjac, municipality
of Goraide, aged about 44, of father Vlado and mother Boiana, nee
zmukic; he was arrested in his village in May 1992by Muslim military
formations and taken .tothe camp in Mravinjac, where he was killed in
mid-June 1992(witnesses 594194-133, 6195,514196-8and 514196-9).
43. Nik:ola Delic, chemical technician from Crkvine near
Mravinjac, municipality ofGoraide, born 15January 1943in Crkvine, of
father Vlado and mottier Boiana, nee ~mukic; he was arrested in his
village in May 1992 by Muslim military formations and taken to the
camp in Mravinjac, where he was killed in mid-June 1992 (witnesses
594194-13,36/95, 514196-8and 514196-9). 44. Novica Delic from Crkvine near Mravinjac,
municipality ofGoraide, born 13 January 1939, of father Vlado and
mother Boiana, nee ~mukic; he was arrested in his village in May 1992
by Muslim military formations and taken to the camp in Mravinjac,
where he was killed in mid-June 1992 (witnesses 594194-13,36195,
514196-8and 514196-9).
45. Radivoje Delic from Crkvine near Mravinjac,
municipality oforaide, born on 12October 1952,of father Vlado and
mother Boiana, nee ~mukic; he was arrested in his village by Muslim
military formations andaken to the camp in Mravinjac, where he was
killed in mid-June 1992(witnesses94194-13, 6195,514196-8,514196-9).
46. Mileva Drakula from Vitkovici,municipality of
Goraide; she died of starvation (witness 478196-7).
47. Milo5 Drekalo from Brdo, municipality of Goraide,
born on 15September 1932in Brezje, of father Nedjo, killed on 7 May
1992 from firearms on the threshold of hishouse by Muslim soldiers
who cut off his head afîerwards (370194,514196-22).
48. Milosav Djokic from the village of MravljaCa,
municipality of Srbinje; he was on a visit in the village of Nekopi, where
he was killed by members of the Green Berets in April 1992(witnesses
440194, 3,4,6,8,9,10,11,12,13,14, 1261964,18,4194-14; 36/95;
205195-3).
49. Branislav Djokovic, aged 40, killed on the Drina
bridge in April 1994by Muslim soldiers-members of the unit of Ahmet
Sejdic. His body was found in the Drina (witnesses 440194,
3,4,6,8,~lO,ll,l2,l3,14,15,16,18;62194; 594194-14; 36/95; 205195-3;
514196-111, and 356196-13).
50. Vlatka Djokovic, wife of Gojko Djokovic (witness
287195-2).
51. Gojko Djokovic (witness 287195-2).
52. Ivo Djokovic, aged 65, Marsala Tita Street, taken
out of the house on 20 April 1994 and killed by Muslim soldiers-
members of the unit of Ahmet Sejdic, according tothe knowledge of
witness 678196-12the body was found in the Drina two months later
468(witnesses 440194, :3,4,6,8,9,10,11,12,13,14,15,16,1845621;94; 594194-14;
36/95; 205195-3; 478196-35 ; 14196-11).
53. Goja Djokovic, wife of Vlatko Djokovic,went mad as
a result of torture in the prison in Goraide; she was released, together
with her son, but dield 10days later (witness 478196-3).
54. Mara Djokovic (female), born on 28 March 1942 in
Goraide, of father Miro and mother Stoja; she lived in Goraide, 54
G.Dulovica Street, killled in Borak Brdo from firearms on 22 May 1992
(witness 478196-10and 514196-161 ,44197-6,144197-9).
55. Milica Djokovic from Bogdanici, born on 5 October
1907in Goraide, of liather Jovan Dragicevic; on 22 May 1992she was
seriously wounded in Borak Brdo in the house which was burned
during the attack. She died of the consequences of wounding on 30
April 1994(witness 47'8196-101,44197-6,144197-9).
56. Nikola zmukic from Crkvine, municipality of Goraide,
where he was born on 19 December 1963,of father UgljeSa; he was
arrested, together with his father, in his village in May 1992by Muslim
military formations and taken to the camp in Mravinjac, where he was
killed in mid-June199;2(witnesses 594194-13,36195,514196-8and 514196-
9).
57. 1JgljeSa zmukic from Crkvine, municipality of
Goraide, born 1937 in Crkvine, of father Niko, was arrested in his
village in May 1992 by Muslim military formations and taken to the
camp in Mravinjac, where he was killed in mid-June 1992 (witnesses
594194-13,36195,514196-8and 514196-9).
58. Boja Zdilar (Zdjelar) from Goraide, 36 Marsala Tita
Street, wife of Milan, whose body was taken out of the river Drina in
May 1992;she had niiie wounds in which the bullet entered the body at
one end and came 'out at another and a stab wound on the neck.
Witness 601195stated that Boja and her husband were killed in front of
the Balkan building. T'here is information that she was previously raped
(witnesses 440194, 3.,4,6,8,9,10,11,12,13,14,15,16,18,,61;94; 594194-14;
36195;205195-3; 287195-2). 59. Milan Zdilar (Zdjelar)from Goraide, 36 Marsala Tita,
on the occasion of the burial of his wife Boja, a Muslim policeman who
was present said that he had "floated" down the Drina. Witness 601196
States that he and his wife were killed in front of the Balkan building
(witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,5,42;94; 594194-14;
36/95; 205195-3).
60. Srecko Ivanovic, pensionerfrom Goraide, 1 May
Street, born on 30 September 1931,of father Vlatko, killed on 1
December 1992in his brother's flat in Goraide, 1 May Street; his body
wrapped in a sheet was found by witness 478196-11W . itness 478J96-12
who took the body out of his flat noticed that the dead man's hands
were tied on his back with a scarf and that he had visible injuries on
the head. He was buried on the cemetery Kolijevke (witnesses 440194,
3,4,6,8,9,10,11,12,13,14,15,16,18,4,421;94; 594194-14; 36195; 205195-3;
514196-1114, 4197-9).
61. Bogdanka Ivetic, killed with her husband Trifun, in
their flat, in the first half of 1994 (witnesses 440194,
3,4,6,8,9,10,11,12,13,14,15,16,18,2,21;94;594194-143; 6195;205195-3).
62. Trifun Ivetic, killed with his wife, in their flat, in the
first half of 1994 (witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,25,42;
462194;594194-14;36195;205195-3).
63. Desanka Ignjatovic-Markovic (female), seriously
wounded on the night of 17118April 1994, when two armed Muslim
soldiers forced their way into the house of the arap pi family, in which
there were several Serbs, and shot her; she died later of the inflicted
injuries (witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,2,62;194;
594194-14;36/95; 205195-3).
64. Dejan Jagodic from Osanica, was imprisoned in the
camp in sasici, from where he was released and then killed and
burned in his house in Jagodici near Goraide in the summer of 1992
(witness 594194-133 , 6/95, 478196-5).
65. Radojka Jagodic from Osanica, wife of Dejan, killed
and burned in her house in Jagodici near Goraide in the summer of
1992(witnesses 594194-133, 6195,478196-5). 66. Milja JakSic from Goraide, SandiaCkih brigada
Street, wife ofStjepan JaSic, found dead in the Drina in the course of
1993 (witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,2,62;194;
594194-14;36/95; 205195-3).
67. Rade JakSic from Goraide, 12 Sandiaëkih brigada
Street, of father Stjepan,taken to the camp in Mujkovica Polje in July
1992and killed there or in the settlement of Mahala near the mosque
(witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,5,46;94; 594194-14;
36195;205195-3).
68. Stjepan JakSic from Goraide, 12SandiaCkih brigada,
of father Nedjo, taken to the camp in Mujkovica Polje in July 1992and
killed there. The body was found in the river Drina (witnesses 440194,
3,4,6,8,9,10,11,12,13,14,15,16,18,4426;194; 594194-14; 36/95; 205195-3;
548196-29).
69. Stojan Jankovic, pensioner from Goraide, 30 First
May Street, killed by an unknown Muslim sniper in Goraide in May
1992while he was walking across a clear space in order to fetch water
(witnesses 440194, 3,~4,6,8,9,10,11,12,13,14,15,16,1842412; 4; 594194-14;
36/95; 205195-3;478196-11 and 514196-11).
70. Mi30 Jevdjevic from Goraide, 1 Ksenije Tanaskovic
Street, of father GliSei,aged 60-70, in whose house Muslim soldiers
Abdulselam SijerCic, Memsudin RaSCic, Samir Terovic, Admir Klovo,
Sahib lslamagic and IbriSim ImSirevicforced their way, in the first half
of May 1992,took away al1valuable things and set the house on fire,
while he and his son Milenko were taken to the settlement of Mahala
in Goraide, where the,ywere executed (witness 390194).
71. Milenko Jevdjevic from Goraide, I Ksenije
Tanaskovic Street, ag'ed 35-40, of father MiSo, taken away from his
home, together with his father, in the first half of May 1992,by Muslim
soldiers Abdulselam SiijerEic,Memsudin RaSCic,Samir Terovic, Admir
Klovo, Sakib lslamagic and IbriSim ImSirevic,who executed them in the
settlement of Mahala in Goraide (witness 390194).
72. Bogdanka Jeftovic from Goraide, 24 First May
Street, born on 16 July 1936,of father Rade, killed together with herhusband Tomo, in front of her flat, on 20 April 1994;both were buried
by the river Drina
(witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,185621;94; 594194-14;
36/95; 205/95-3; 478/96-3,7,11;144/97-9).According to witness 514196-11
this was done by members of Sejdic's unit.
73. Tomislav Jefiovic from Goraide, 24 First May Street,
born on 9 April 1934,of father Novak, killed with his wife Bogdanka, on
20 April 1994;they were taken out of their flat and killed in front of the
house in which they lived. Theirbodies were buried on the trash dump
by the river Drina (witnesses 440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,25,42;
462194;594194-14;36/95; 205195-3;478196-3,7,1a 1nd 514196-111; 4197-9).
74. llija Jovanovic, farmer from sasici, born on 20
January 1927,of father Petar, killed on 30 October 1994in sasici, near
his house as a result of a blow on the head with a blunt object by a
Muslim whose family name is MrSo and by Nediad Suljevic from
Renovica, who was captured by the Republic of Srpska Army and
exchanged (witness 478196-5,144197-4, 144197-9).
75. Ljuboje Jovovic from GlamoC, municipality of
Goraide, killed as a result of a blow on the head dealt with a hard
object at the end of August 1992, in front of his house (witnesses
36/95, 514196-8).
76. Nedeljko (Nedjeljko) Jovovic from GlamoE,
municipality of Goraide, killed in front of his house as a result of a
blow on the head dealt with a hard object at the end of August 1992
(witnesses 36195,514196-8).
77. Radomir Kebala killed in April 1992on the Osanica
bridge (witness 514196-22).
78. Ratomir KlaCar-Rato, captured on Trovrh as a
member of the Republic of Srpska Army on 28 August 1992, after
which he was taken to the "Silos" camp in KopaEi. Rato hanged
himself in the "Silos" camp because he could not stand the torture to
which he was subjected by Muslim soldiers from Meho Drljevic's unit
(witnesses 514196-7and 514196-5). 79. Zdravko KovaE, foreman in "Pobjeda" enterprise in
Sarajevo, from Goraide, 18 SandiaCkih brigada, born I May 1943 in
Modro Polje, municipality of FoCa (now Srbinje), of father Rade and
mother Jovanka, nee Drinjak. Members of the Muslim police lsmet
SubaSic and ~efko t-lodiic searched his flat on 26 May 1992and then
took him with them. They beat him until unconscious and after that
took him to the camp in Mujkovica Polje where they strangled him with
wire and threw his body into the Drina river (witnesses 440194,
3,4,6,8,9,10,11,12,13,14,I5~,I6,184462194; 594194-14; 36195; 205195-3;
514196-4;514196-15).
80. Milja KovaCevic (female) from the village of
OglaEevo, born 1928 in the village of Donje Selo, local community of
OglaEevo,of father Nikola, killed in May 1992in her village.
81. Dragan Komlenovic from Goraide, of father Vukola,
aged about 40, killed in May 1992in the camp in Mujkovica Polje and
his body was thriswn into the river Drina (witnesses 440194,
3,4,6,8,9,10,11,12,13,14,15,16,18,,26;194; 594194-14; 36195; 205195-3;
478196-7).
82. Milo5 Komlenovic killed in the village of Lipa, in front
of his house in July 1992(witness 514196-22).
83. Slavo Komlenovic from Goraide, of father Vukola,
aged 45, killed in the camp in Mujkovica Polje in May 1992(witnesses
440194, 3,4,6,8,9,10,11,12,13,14,15,16,18,,226;194; 594194-14; 36195;
205195-3;478196-7).
84. Rade KokoSar, killed 1992by a Muslim sniper on Mt
PovrSnica.
85. Srdjan Krezovic from the village of Potkozar near
Goraide, born 1967,killed in his house on 1 June 1992 by a Muslim
unit commanded by Ramiz Durakovic, white Srdjan KrezoviC's mother
was wounded (witness 478196-9).
86. Bloio Krstovic killed in the village of ZavrSje,
municipality of Goraide, by members of the Muslim army (witnesses
478196-3and 514196-15). 87. DuSan Krunic from Bulozi, killed on 16 August 1992,
who Muslims stormed Bulozi (witness 47819645).
88. Nikola Kulic
89. Rajko KuSic from Vitkovici, aged about 60, who was
taken away from his flat on 5 May 1992and shot dead. His body was
thrown into the Drina. According to the knowledge of witness 478196-6
he was shot dead by Murat Popovic (witnesses 36/95, 205195-1,205195-
2, 287195-2, 478196-7, 478196-8).
90. Jovanka Labus (female) from Vitkovici, aged about
60, taken away from her flat, shot dead and thrown into the Drina on 5
May 1992(witness 36195,205195-1,205195-2, 478196-7and 478196-8).
91. Mirko Labus from Vitkovici, aged about 60, taken
away from his flat in Vitkovici, together with his wife Jovanka, and killed
on 5 May 1992by the son of Vahid Kukavica and thrown into the river
Drina (witness 36195, 205195-1, 205195-2, 287195-2, 478196-7 and
478196-8).
92. Milan Lazovic from Goraide, 12 SandiaCkih brigada
Street, taken away from his home by the Muslim militia on 13July 1992.
Killed in the camp in Mujkovica Polje (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,18,2,26;194; 594194-14; 36195; 205195-3;
287195-2;478196-11 and 478196-7).
93. Natalija Lazovic (female) died of hunger in Goraide
on 10April 1993.
94. Stojko Lazovic died of hunger in Goraide on 29
April 1993.
95. Branko Lakovic taken away from his flat in the
middle of April 1994and taken to the lefi bank of the Drina across the
bridge and then shot at, he was seriously wounded and thrown into the
Drina (witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,254;62194;
594194-14;36/95; 205195-3; 478196-3).
96. Ljubica Lakovic taken away from her flat, together
with her husband Branko, in mid-April 1994and taken across the bridge
474on the river Drina to the left bank, where both of them were killed
(witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,1842; 194; 594194-14;
36/95; 205195-3).
97. Bo5ko Lasica from Goraide, born on 27 January
1947in Goraide, of father Vlado, captured on the relay Trovrh on 24
August 1992,after which he was imprisoned in the silo in KopaCi; in
September 1992, he was transferred to the police station in Goraide
and taken away 15 days later. He was liquidated in KopaCi by Meho
Drljevic, Mithat Drljevic, Muhidin MaSic, Enver Drljevic and Juso Drljevic
(witnesses 514196-7and 514196-5).
98. Djordje Lasica from Goraide, captured on the relay
Trovrh, on 24 Augilst 1992, imprisoned in the silo in KopaCi; in
September 1992 he was transferred to the police station in Goraide
and taken away in an unknown direction 15 days later (witnesses
478196-3and 515196-7'). e was liquidated in KopaCi by Meho Drljevic,
Mithat Drljevic, MuhidinaSic, Enver Drljevic and Juso Drljevic (witness
478196-3).
99. DuSan-DuSkoLeovac, law graduate, from Goraide,
1319Ksenije Tanaskovic Street, born on 13 July 1925 in the village of
KrCa near Pljevlja, of father Niko and mother Milijana, nee Cacici, killed
at the end of May 1992 in the camp in Mujkovica Polje (witnesses
440194-3,4,6,8,9,10,11,12.,13,14,15,16,18,442; 94; 594194-14; 36195;
205195-3; 478196-11).
100. Elranislav-Branko Lujic, teacherof physical fitness
at the elementary school "Maksim Gorki", from Goraide, Omladinska
Street, born 1931,illecl in the Mujkovica Polje camp and thrown into the
Drina river in May 1992. The body was taken out in June 1992 and
buried in Bametovina, municipality of Goraide. There were traces of
burns on the body (witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,25,42;
426194;594194-14;361!35;205195-3;548196-29).
101. Zoran MaliSic captured on Hranjen and imprisoned
in the Mravinjac camp, where he was killed.
102. P,ndja Marinkovic from Goraide, Rasadnik Street
(witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,1846;2194; 594194-14;
36195;205195-3). 103. Rade Marinkovic from Goraide, Rasadnik Street
(witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,1842; 194; 594194-14;
36/95; 205195-3).
104. ~ivko Markovic from MiroSici (MiruSici),municipality
of Goraide, born 1931,killed in his village on 20 May 1992by members
of the Muslim armed forces in a brutal way because he did not want to
escape. He was decapitated and nailed to a tree. His left hand was cut
off, his skin was abraded and his stornach cut open, and soaked in
salt (witness 36/95).
105.Stojan Markovic
106. Andja Matkovic from Goraide, who was often
maltreated by Muslims and when she could no longer bear it, she
cornmitted suicide by hanging herself(witness 478196-7).
107.Gospava Matovic from the village of Crkvine, born
on 20 February 1929,of father Milan, she lived with her husband Milo5
in the hamlet of Ribnjak, part of the village of Skravnik, in which they
were the only Serbs. They were old people and both were killed at the
beginning of 1994.Gospava was killed with a club. They were buried by
Muslims above their house (witness 478196-5,144197-5,144197-9).
108. Ljeposava Matovic, burned in Jagodici in 1992,
together with Dejan and Radojka Jagodic (witness 514196-3).
109. Ljubo Matovic from Crkvine, municipality of
Goraide, born on 10October 1931in IlovaCa,municipality of Goraide, of
father Pero; he was arrested in his village in May 1992 by Muslim
military formations and taken to the Mravinjac camp, where he was
killed in mid-June 1992 (witnesses 594194-13,36195, 514196-8 and
514196-9).
110. MiloS Matovic born on 5 January 1930, of father
Lazar; he lived with his wife Gospava in the hamlet of Ribnjak
(VraneSi), part of the village of Skravnik, in which they were the only
Serbs who lived there. They were an old couple and both were killed
at the beginning of 1994.Milo3 was killed with an axe. He died of a
blow dealt on the back of his head. They were buried by Muslims
above their house (witness 478196-5,144197-51 , 44197-9).
476 \
111..Niko Matovic (witness 478196-7).
112. Branko MaSic
113. Danilo Milovic, taken to the Mujkovica Polje camp
and killed in July 1992 (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,1Ei,16,1825,19;4;594194-143; 6/95; 205195-3).
114. Jela MiloSevic from Vitkovici, died of starvation
(witness 478196-7).
115. Ljuba MiloSevic from Vitkovici died, together with
his wife, as a result of starvation (witness78196-7).
116. 14ndjaMirkovic from Goraide, Rasadnik Street, wife
of Rade Mirkovic, killed at home.
117. Rade Mirkovic from Goraide, Rasadnik Street,
killed at home.
118. Slobodanka Mitranovic (Mitranic) from Goraide,
Marsala Tita Street, aged 83, killed in April 1994 by Muslim soldiers,
members of Ahmet Sejdic's unit; her body was found in the Drina
(witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,242;194; 594194-14;
36195;205195-3).
119. Milan Mihajlovic, born 1960, of father ~ika; on 4
May 1992taken frorri the settlement "1 May" by policemen, including,
inter alia, Osman SubaSic,to the Mujkovica Polje camp, where he was
killed and his body thrown into the Drina (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15.,16,1842,42;4; 594194-14; 36/95; 205195-3;
476196-11 ; 478196-12; 514196-11).
120. Mrakic, killed in the passenger car, on Jabuka, on
28 August 1992.
121. Milo3 Mutlak from Bacci, municipality of Goraide;
he was in the Vitkovici camp, from where he was taken away in mid-
1992and killed; his body was thrown into the Drina. The order for his
killing was given by Mirsad Ratkovic, aka "Neno" (witnesses 440194-3,4,6,8,9,10,11,12,13,14,15,16,18,5,42;94; 594194-14; 36/95; 205195-3;
478/96-7 and 478/96-8).
122. Koviljka Neric, nee Vukovic, pensioner from
Goraide, 20 First May Street, aged 60-65, of father Jovo; strangled in
her flat at the end of 1993 or at the beginning of 1994 by Muslim
policemen Jakub Moka3 and Hajro ~abanovic and the body was found
in the Drina in June 1994 (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,18,442;194; 594194-14; 36/95; 205195-3;
287195-2;478196-1 1).
123. Vukosava NeSkovic from OsjeCani, hamlet of
Podmera, born 1923,wife of Risto NeSkovic, killed in her house on 16
August 1992;she suffocated and was burned when Muslim soldiers set
her house on fire (witnesses 36/95, 478196-15).
124. Kosa NeSkovic, wife of Milan NeSkovic, burned in
the house of Risto NeSkovic,together with his wife Vukosava.
125. Milanko NeSkovic from OsjeCani, born 1923, of
father Risto, killed 17August 1992,when he tried to return to his village
which was taken by Muslims the previous day (witness 36/95).
126. Novica NeSkovic, aged 90, immobile, burned alive
in his house (witnesses 440194-3,4,6,8,9,10,lI,l2,13,14,15,16,18242;194;
594/94-14;36/95; 205195-3).
127. Brana Nikolic (female), schoolteacher, born 1946,
killed on 17July i992, on the stairs of the building in 18 Mira sekarica
Street, from firearms by Muslim soldiers among whom was the son of
schoolteacher ~efko Selimovic (witnesses 4401'94-
3,4,6,8,9,10,11,12,13,14,15,16,1846,49;4; 594194-14; 6195;205195-3).
128. Brano Nikolic from Goraide, Milivoja Vujovica-Cure
Street, Muslim soldier Memsudin RaSCicentered the flat of his brother
DuSan, where Brano had been, searched the flat and took both
brothers from DuSan's flat to the Secretariat of the lnterior and from
there to Vitkovici, where he slaughtered them and threw their bodies
into the Drina. According to witness 478196-12 Osman SubaSic
participated in the taking away of the Nikolic brothers (witnesses
370194,205195-3, 478196-11).
478 129.DuSan Nikolic from Goraide, Milivoja Vujovica-Cure
Street, at the begirining of May 1992 taken from his flat to the
Secretariat of the Interior, together with his brother Brano, by Memsudin
RaSCicand Osman SubaSic; from there taken to Vitkovici, where both
brothers were killed by slaughtering and their bodies were thrown into
the Drina (killed by slaughtering in the Mujkovica Polje camp)
(witnesses 370194, 20'5125-3,478196-11 4,78196-12).
130. Zarije Nikolic, killed in his flat in Goraide, Mire
~ekaric Street, buried on the cemetery Sopotnica.
131. DuSan Pavlovic, of father Radoje, a retarded
person, killed in his house in the village of ZavrSje in 1992.
132. Fladoje Pavlovic, killed in the village of ZavrSje in
1992in his house, when al1civilians were killed after the occupation of
the village.
133. Ranka Pajovic from the village of Pijevac,
municipality ofGoraide, an old woman aged 80, wife of Ljubo Pajevic,
killed on the road ab'ove the enterprise "Pobjeda"; the Muslim children
"stoned her hitting her in the head like a snake". Her body was burned
afierwards (witnesses 440194-3,4,6,8,9,10,11,12,13,14,15,16,18,25462;194;
594194-14;36/95; 205k35-3).
134. Pero Pantovic from the village of Brdo, municipality
of Goraide, born 011 10 November 1926 in the village of Brezje,
municipality of Goraide, of father Jovo; killed from firearms at the
threshold of his house by Muslim soldiers on 25 May 1992 (witness
370194).
135. Slavko Pantovic,aged about 60, imprisoned in the
camp in the basement of the Precision Instruments Factory in Vitkovici
in May 1992,where he was killed. The order for killing was given by
Mirsad Ratkovic, aka "Neno" (witness 478/96-7).
136. Milutin Pejovic from Crkvine, municipality of
Goraide, born in Ostrmci, municipality of FoCa, on 14 March 1937, of
father Tomo; arrested in his village by Muslim military formations in
May 1992and taken to the Mravinjac camp, then to Vitkovici, where hewas killed in mid-June 1992 (witnesses 594194-13,36/95, 514196-8and
514196-9).
137. Vojo Pereula from Vitkovici,57 Omladinskih
brigada, born 2 March 1938 of father Milivoje, killed from sniper on 1
October 1995 in SaSici, by Muslims in the presence of witnesses
478196-6 and 478196-8. Buried on the cemetery Jovanovic in the village
of sasici (witness 144197-8, 144197-9).
138. Vule Pereula from Goraide, Mira ~ekarica Street,
killed in front of his house by Mustafa Rikalo, aka "~upa", on 27 May
1992.
139. Zora Perovic, thrown from the fourth floor of the
building in which she happened to be (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,184,42;94;594194-14;36195;205195-3).
140. Dragica Petkovic from Vitkovici died because she
was not given medical help (witness 478196-7).
141. Stanica PeSic, aka "Staka", from Pijevci,
municipality of Goraide, killed and burned in her house at the
beginning of 1992, after the occupation of the village of Glamoë, when
al1 civilian population which happened to be there was killed (witness
36195).
142. Miladin Planic, driver from Goraide, born on 27
January 1953 in Brekovici, of father Dimitrije and mother Milja, nee
Gajovic; after being wounded, he was captured on OStri Vrh on 16
August 1992 and killed later. His body was found with his hands tied
with wire; he had injuries on the head inflicted with a blunt object; at
one spot of his head a triangle was cut; he had a wound in the region
of the thigh caused by a projectile from firearms, which confirms that
he had (been wounded previously (witness 514196-6).
143. Draga Pljevaljëic from the village of Hranjen, of
father Jovan, aged about 45; she was in a field vehicle on 8 (22)
August 1992, moving from Hranjen towards Jabuka when, at a place
known as Podmjera,
in the village ofOsjeëani, municipality of Goraide, they were ambushed
by Muslims and 3 persons were killed on that occasion, Draga among
480them, while another 3 persons were wounded. The commander of the
unit which ambushed them was Selim Pezo, of father Emin from
Goraide (witness 514.196-22).
144. ;?orka PljevaljCic, housewife from Potkozar near
Goraide, born 1929, killed on 1 June 1992 in her house on the
occasion of the attack of the Muslim unit by being wounded in the leg
first andthen killed wounded (witness 478196-9,144197-2).
145.klilenko PljevaljCic,pensioner from Prebinovici, from
Poktozar near Goraide, born 1929of father Rade, killed in, his house,
together with his wife Zorka, by the Muslim unit commanded by Ramiz
Durakovic on 1 June 1992.After they slaughtered him, they took out his
intestines and threw them in front of the basement in which was
witness 478196-9; latler on his body was burned in the house so that
only bones were fourid (witness 144197-2).
146.Radan PljevaljCicfrom BaCjenear Goraide, born on
25 October 1960 in Butje, of father Stojko and mother DuSanka; he
was cruelly tortured in the camp on TrebeSko Brdo, where inter alia, a
nail was hammered through the fourth finger of his left hand (witnesses
478196-4 and 548196-38);after that he was forcibly mobilized into the
"work detachment"; on the occasion of military operations he was killed
on the front line inabuCkosedlo in April 1994(witness 514196-20).
147. Radojka Poklopic (female) from GlamoE,
municipality of Gora.ide, killed at the beginning of 1992 after the
occupation of the village of GlamoC, when al1 civil population which
happened to be there was killed (witness 514196-8).
148. F'oklopic, nicknamed "cicon, killed in Pothranjen in
1992,after the Muslirris had taken that settlement.
149. Bojan Radovic, nicknamed "Boban", worker
employed in "Pobjeda", Goraide, the settlement of "Kolonija", 16 First
May Street, born on 2 December 1966in Goraide, of father Ostoja and
mother Bojana, captured on 27 April 1992on the occasion of the attack
of Muslims on the s%ttlementof Obarak, after he had been seriously
wounded. He was killed on the occasion of capture by Sead Sofovic,
aka "Sofa". Boban's body was handed to his father on 30 March 1992.
His father, to whom the Muslims gave five minutes to hand the body of
48 1his son to Serbs for burial transported it from Goraide. The Muslims
told him that, unless he returned until the appointed time, they would
kill his wife, his wife's sister and other Serbs who were held in
Goraide as hostages (witnesses 601195and 514196-40,144197-2).
150. Milenko Radovic from Goraide, 4. crnogorske
brigade Street, born on 2 January 1961,of father Lazar, in Salijeva
Ravan, killed on the occasion of the aîîack of Muslim units on the
village of Borak Brdo on 22 May 1992; seriously wounded, he was
captured by members of the Green Berets and killed from a hunting
rifle at close range. The bullet blew his head to pieces (witnesses
478196-10,514196-161,44197-6, 144197-9).
151. Milica Radovic (female) from Vitkovici died of the
consequences of starvation.
152. Tihomir Radovic, stonecutter from Goraide,
captured on the relay Trovrh as a member of the Republic of Srpska
Army, on 28 August 1992;in September 1992he was brought to the
prison in Goraide and 15 days later liquidated on KopaCi (witnesses
478196-3,514196-5and 514196-7).
153. Milan Sedlar (witness 513196-36).
154. N. Sedlar, wife of Milan Sedlar (witness13196-36).
155. Gojko Simovic, retired JNA sergeant major from
the village of Jabuka, municipality ofGoraide, born 21 October 1937,
of father Trifko, captured in June (August) 1992inaSici,where he was
visiting relatives, by members of the Muslim unit commanded by
Osman SubaSic. He died of injuries inflicted in the Mravinjac camp
about a month later. Participating in his torture were prison warden
Edin cavrk and Rasim Ustic who publicly boasted of it (witnesses
594194-17,478196-5,35619644,514196-14 5,14196-3,144197-7).
156. Zoran Sorak from Goraide, 12 SandiaCkih brigada
Street,taken away in July 1992and killed in the Mujkovica Polje camp
(witnesses 440194-,4,6,8,9,10,ll,l2,13,14,15,16,18462;2194; 594194-14;
36/95; 205195-3;514196-15). 157. Mila Spaic, nee Droca, from the settlement of
Obarak, killed from firearms on 22 May 1992, at 7.45 p.m., in her
house in the settlernent of Obarak, by lzudin ~elja and Sabahudin
Celja, Muris ~ivojevic and Memso Ramovic, who then burned the
house, together with the body of the victim (witness 370194).
158. Jagoda Spasojevic, killed in the backyard of her
house.
159. I<oviljkaStojanovic, killed in her flat, 18 Sandiaëkih
brigada Street, together with her son Marjan, on 17 July 1992, from
firearms by Muslirn soldiers, among whom was the son of
schoolteacher ~efko Selimovic
(witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,42;194; 594194-14;
36195;205195-3;4781'96-1 1).
160. Marjan Stojanovic, of mother Koviljka, killed with
his mother in their flat, 18 Sandiaëkih brigada, on 17 July 1992, from
firearms, by Muslim soldiers among whom was the son of ~efko
Selimovic (witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,2426;2194;
594194-14;36195;205195-3;478196-1 1).
161. fvlirko Stojanovic, nicknamed Baco, of father Petko,
from Vitkovici, municipalityoforaide, born 1971;killed in his garden on
5 June 1992and, according to the knowledge of witness 478196-8, he
was killed by "Kale" MaSic from Kopaëi, a sniper of the Muslim army.
He had a wife and a three-year old child, who were both killed shortly
after,by a hand grenade thrown on them. This has been confirmed
also by witnesses 36.195,205195-1,205195-2and 478196-7.
162. Nevenka Stojanovic, wife of Mirko Stojanovic, from
Vitkovici, municipality oforaide; killed in Goraide, together with her
seven-year old child, by a hand grenade thrown on them (witnesses
36/95, 205195-1,205195-2,478196-7and 478196-8).
163. IV. Stojanovic, child aged 7, of father Mirko and
mother Nevenka, killed together with its mother, by a hand grenade
thrown on them (witnesses 36195, 205195-1,205195-2, 478196-7 and
478196-8).
164. Petko Stojanovic from Vitkovici, municipality of
Goraide, killed in his house when Muslim soldiers stormed his house,
483killed his son Mirko, raped his daughter-in-law and as he resisted that,
he was killed then and there (witnesses 36/95, 205195-1,205195-2,
478196-6, 478196-8,144197-0 1).
165. UgljeSa Stojanovic from Goraide, 15 First May
Street,taken to the Mujkovica Polje camp from his flat on 13June 1992
and has not been heard of since. A body resembling him was found by
the Drina; witness 678196-12saw him being taken away by Osman
SubaSic and other policemen (witnesses 440194-
,4,6,8,9,10,11,12,13,14,15,16,18,,4226;194; 594194-14; 36/95; 205195-3;
478196-11 and 514196-11).
166. Stojanovic, wife of Milan Stojanovic (witness
287195-2).
167. Tanovic from Goraide, brought to the prison in
Goraide in September 1992 and 15 days later there was no trace of
him; the guards told the others that he had been executed.
168. Andjelka Terzic from Grabovik, municipality of
Goraide, born on 2 September 1921,killed in front of her house on the
occasion of the attack of Muslims on her village on 22 May 1992, at
5.30 a.m.; she was hit on the forehead from firearms (witnesses
440194-21 , 36/95, 478196-10, 144197-61,44197-9).
169. Mitar TlaCar (KlaCar) from Goraide (witness
478196-3).
170. Branislav Todorovic from Goraide, 114 Milivoja
Vujovica Street, born on 15April 1959in Goraide, of father Marko and
mother Saveta, nee Veljovic, captured on 23 August 1992on the relay
"Trovrh" as a member of the Republic of Srpska Army. In September
1992 he was brought to the prison in Goraide and 15 days later
liquidated on Kopati (witnesses 478196-3,514196-7and 514196-5).
171. Budimir Todorovic from Goraide, captured in
August 1992on the relay "Trovrh" and, in September 1992, brought to
the prison in Goraide and 15 days later liquidated on KopaCi.
(witnesses 478196-3and 514196-7).
172. Tomo Todorovic killed in 1992. 173. NjegoS Ceho (ceho) captured on Trovrh in August
1992, taken to the camp "Silo" in KopaCi, then to the police prison in
Goraide and then returned to KopaCi, where he was killed (witness
514196-7).
174. Buda-Budimir Uljar from the village of Gornja Brda,
born on 10August 1938,of father Nikola, happened to be at home in
mid-May 1992 and was slaughtered by Muslim soldiers; his body was
thrown into the nearby brook (witness 370194).
175. Miladin-MiSa Heleta, of father Milivoje, killed on 4
May 1992in front of his house in the settlement of Obarak (PovrSnica),
buried on "Kriva Draga" (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,18,2226;194; 594194-14; 36195; 205195-3;
514196-15).
176. Milko Heleta, of father Veso, killed on 4 May 1992
in front of hishouse in the settlement of PovrSnica (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,18,4462;194; 594194-14; 36195; 205195-3;
548196-28;514196-15).
177. Andja earapic from Butje, born 1939, of father
Milovan, died in 1992as a result of torture and exhaustion in the police
prison in Goraide (witnesses 440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,25,42;
426194;594194-14; 361952;05195-3;).
179. Darinka carapic from Goraide, Sandiarikih brigada
Street, aged 83, biirned in her house in 1992 (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15.16,1842,42;4;594194-143 ; 6195;205195-3;).
180. Drago carapic, from Butje, aged about 68, of
father Mico, died as ;aresult of torture, exhaustion and starvation in the
police prison in Goraide in 1992 (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,18,4,42;94; 594194-14; 36195; 205195-3;
440194-9).
181. DuSan carapic from Butje, born 1932, of father
Ostoja, died after release from the prison Goraide, where he attempted
485to hang himself after cruel torture. He became mentally il1and died at
the beginning of December 1992 (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,184,42; 94; 594194-14; 36195; 205195-3;
524196-15;514196-354 ; 04194-9).
182. Jovan carapic from Butje, born on 20 January
1943 in Bueje, of father BoSko and mother Vida, nee Maric; was
tortured in thehouse of Omer Kulenovic on TrebeSko Brdo and died of
inflicted injuries on 20 July 1993 in Goraide (witnesses 440194-
3,4,6,8,9,10,11,12,13,14,15,16,18,,62;194; 594194-14; 36195; 205195-3;
514196-11; 15,18).
183. Marica carapic from the village of Bueje, aged
about 65, who was mentally ill, was the only one to have stayed in the
village of Butje on 15 July 1992; she was killed by Muslim soldiers
while she was taking care of sheep according to witness478196-3.
184. Radoje carapic from Butje, of father Milan, aged
21,taken away from his home on 20 April 1994and killed on the bank
of the river Drina by Muslim soldiers, membersof Ahmet Sejdic's units,
who slaughtered him. His body was found in the Drina (witnesses
440194-3,4,6,8,9,10,ll,l2,13,14,15,16,18,226;2194; 594194-14; 36/95;
205195-3; 478196-35 , 14196-17; 48196-38;514196-11).
185. Slavoljub arap pi rom Bueje, born 1957,of father
Rajko and mother Desa; killed on II May 1992when he came out of his
house during the attack of the Muslim army. He was not armed
(witnesses 514196-71 and 514196-18).
186. Andja ~ekaric from Vitkovici, municipality of
Goraide, born on 26 June 1933in Crkvine, of father Vlado Delic and
mother Boiana; she stayed with her husband Peroin her home in
Crkvine until May 1992, when the Muslims erected barricades in
Goraide, and began to arrest Serb men and take them to the camp.
They remained in encirclement and their son-witness 854195 had no
information about them up until mid-1994;at that time a neighbour told
him that his father had been killed on 4 May 1992and his mother a
little later by their neighbours ~acir Kologlija, Murat Baric and Melurudin
Hukara, al1from Vitkovici. 187. Pero ~ekaric from Crkvine, municipality of Goraide,
born on 12July 1929in Borak Brdo, of father Stevan and mother Andja;
he stayed with his wife Andja in his house in Crkvine until May 1992,
when the Muslims erected barricades in Goraide and began to arrest
Serb men and take them to the camp. Pero was takeri to the
Mravinjac camp, where he was killed in mid-June 1992 (witnesses
514196-8and 514196-9).His son witness 854195 stated that they had
remained in encirclement and that had no information about them up
until mid-1994, when a neighbour told him that his father had been
killed on 4 May 1993,and his mother a little later by their neighbours
~acir Kolaglija, Murat EIaljicand Melurudin Hukara, al1from Vitkovici.
Evidence: svedotenje D.B./testemony D.B(Annex No. C 5, svedotenje
D.B.1testemonyD.B., pp. c28-~301~31-c33),svedocenje S.V./testen-iony
S.V. (Annex No. C 15, pp. cl 49-cl 531~154-cl58), svedoeenje
V.V./testemony V.V. ~(AnnexNo. C 14, pp. cl 31-cl 40/c141-cl 48),
svedoëenje M.L.1testemony M.L. (Annex No. C 53, pp. c543-
~5461~547-c551),svedotenje D.M./testemony D.M., (Annex No. C 62,
pp. c629-~632/~633-c636) and svedoëenje N.H./testemonÿ N.H.
(Annex No. C 116 pp. cl 160-11751~1176-cl189)
7.1.16.2. In the area of Goraide, out of 2 765 Serb houses 2521
houses were looted anid burned by Muslims.
7.1.16.3. Perpetrators of genocide in the area of Goraide, who also
gave orders: Hadio Efendic, master's degree in economics, born in
1934, president of the assembly of the municipality of Goraide,
president of SDA (Party of Democratic Action)and president of the war
presidency in Goraide, chief organizer of the crimes against Serbs;
Dievad Begovic from Goraide, head the regional Secretariat of the
lnterior throughout the war in Goraide; Enver Borovina, deterinarian,
aged about 35, borri in Ustikolina, member of the Muslim war
presidency in Goraide and of the innerrnost leadership of SDA (Party
of Democratic Action); Ramiz Durakovic from the village of Potkozar,
municipality ofGoraide, of father Amil, commander of the Mdslim unit
which committed killings in his village; Kemal-Kemo Djuliman from
Goraide, judge of the so-called "civilian court martial" in Goraide who
participated indecisiori-making on which Serbs were to be executed
and who, on Hadio's orders, wrote sentences for the already killed
Serbs in order that the crimes be concealed; Zaim Imamovic,
commander of the arnied forces in Goraide -the First Drina brigade
and head of IBOG (Eastern Bosnian Operational Group) in Goraide;
487Sena Kuljuh (female) judge from Goraide, together with Djuliman, wrote
sentences for the already killed Serbs in Goraide in order to conceal
criminal arbitrariness; HaSa Kuljah, economist from Goraide, head of
economic affairs of the municipalityofGoraide, member of the Muslirn
war presidency; Mustafa Kurtovic, politologist, from Vranic-Goraide,
born 1951,of father Sinan, creatorof SDA propaganda and that of the
war presidency of the Muslim municipality of Goraide; Omer Lukavica
from Vitkovici, municipality oforaide, Muslim soldier, responsible for
the killing of Rajko KuSic, Mirko and Jovanka Labus, Petko Stojanovic,
his son and other Serbs; lbro Merkez, head of the Secretariat of the
lnterior inGoraide, organizer of the so-called "reserve police" and of
killings of civilians in 1992; warden of the camp for Serbs, 10 MoSe
Pijade Street, on the right bank of the river Drina in Goraide; Mujo
PeStek from the village of BoguSici near Goraide, worked in Goraide
before the war, commander of the Muslim battalion for the area of
BeriCand Mravinjac, which was a partof the First Drina brigade; Fehim
Pleh, graduate of law, from Goraide, born in ~uiel- ora aide secretary
of the Assembly of the municipality of Goraide and member of the
Muslim war presidency, chief associate and legal adviser to Hadio
Efendic, participated in the creation of the policy of SDA; Mirsad
Ratkovic, aka "Nena", aged about 40, plumber beforethe war in the
nitrogen factory, president of the crisis headquarters in Vitkovici and
organizer of liquidation of Serbs in that pari of the municipality of
Goraide; Murat RaSidovic, commander of the reserve manpower of
militia in the sector Mahala-Vinarici in Goraide; Riad RaSEic,economist,
from Goraide, deputy president of SDA and member of the Muslim war
presidency in Goraide, inspirator of the crimes against Serbsand one
of the closest associates of Hadio Efendic; Nijaz Reko, captain of the
former JNA, commander of the 43rd Muslim g or aide-~ajni ~rigade
on the right bank of the river Drina in Goraide; Ahmet Sejdic from
ViSegrad, commander of the ViSegrad brigade of the Army of Bosnia
and Herzegovina in 1994, participated in the attack on the village of
BuEje and one of those most responsible for the killingof people of
Serb nationality, in particular inraide in April 1994;Osman SubaSic
from Zubina suma, municipality of FoCa, before the war criminological
technician in the Secretariat of the lnteriorinoEa, deputy commander
of the battalion, Mujo PeStek, commander of the military police in
Goraide, warden of the camp in the basement of the old bachelors
building in Vitkovici, committed killings of Serbs, pillaged and burned
Serb property; participated in the killing of Delic, zmukic, Milutin
PejoviC,Ljubo Matovic, Jagodic, Milja Vukadin, Gojko Simovicand other
488Serbs (witnesses 594194-13,594134-17,36195, 514196-14)H ; asan Tafro
from Goraide, manager of "Pobjeda" enterprise, born 1952, of mother
Nurija,lslamic fanaticiist, member of the top leadership of SDA in the
municipality, beforethe war organizer of the arming of Muslims; Edin-
Dino Cavrk, deputy of the warden of the camp in the c~ldbachelor
building, worked in the FoCa prison before the war (witness 514196-14);
Kemo ~elik, one of SDA leaders, commander of the Green Berets in
Goraide, who searched Serb houses and settlements at the beginning
of the war, looted Serb property, burned houses, taking Serbs to
camps and, together with the Muslim police,liquidated them; Husnija
~olo, of father Abid, police inspector and warden of the Goraide prison
in 1994(witness 514196-18).
Direct perpetrators:
Aganovic, of father Suiejman, from the village of KraboriS near
ûoraide; Ferid Aganovic took part in the killing of 8 members of the
VukaSinovic family in Gornja Bukvica, on 25 May 1992 (doc. 144197-1);
Mirsad Aganovic, akai Miki, from Goraide (witness 144197-3);Samir
Ajanovic, participated in the killings in Goraide in 1992; Sanjin
Ajdanovic, took part in the killings in Goraide in 1992; Abdulah
Asanovic, Ahmet BaliC:,mechanical technician from Diindici, worked in
"Azot" in Vitkovici, commander of the Muslim battalion from Vitkovici-
Mravinjac, took part i11the arresting of Serbs from Crkvine and their
taking to the camp in Mravinjac and then to Vitkovici where they were
liquidated; Sinan Begovic from Mravinjac, as the commander of the
Mravinjac Companyof the Muslim army attacked the village of Crkvine,
municipality ofGoraidle in May 1992,imprisoned Serbs from that village
and took them to Mravinjac and then to Vitkovici, where they were
liquidated; Mirsad Bezdrob from cajnite, worked in the sawmill before
the war, participated in the tortureof Serbs in the prison in Goraide
(witnesses 478196-3,Ei14196-18M );ujo Bezdrob; Predrag Selma Bogunic,
head the municipal Secretariat of the lnterior in Goraide in 1994
(witness 514196-18);Nijaz Briga, commander of the police station in
BeriC; Bekto Gacka lfrom ViSegrad, commander in the 31st brigade,
participated in the killing of Lazar Gavrilovic and Jovan Gavrilovic;
Mirsad Dedovic, Musilim soldier; Mirsad Dragolj, chief of polico in
Vitkovici, at hisorder al1 Serbs from VitkoviSi were transferred to the
village ofSaSici on 17May 1994,he took Serbs to the camp and then
liquidated them; Enver Drljevic participated in the killing of BoSko Lasica
and Djoko Lasica and 7 other Serbs captured on Trovrh. Enes Drljevic
from Goraide, employed in DC Goraide, participated in the killing of 7
489Serbs captured on Trovrh; Juso Drljevic, participated in the killing of
BoSko and Djoko Lasica and 7 other Serbs captured on Trovrh; Meho
Drljevic from the village of KopaEi, hamlet of Zidine, municipality of
Goraide, commander of the KopaCi battalion in the 31st Goraide
Muslim brigade, participated in the killing of llija Gladanac, Andjelka
TerziC.arid of the Serbs captured on Trovrh; Mithat Drljevic, born on 12
Septeinber 1951,of father lzet and mother Esma, participated in the
killingl Serbs captured on Trovrh, one of the commanders of the 31st
brigade of the Muslim army in Goraide; Ramiz Duovic from the village
of Prabenovici, employed in the electricity distribution enterprise, of
father Amil (witness 144197-2);Edem Duran; Mirso DuEic,of father Taib,
born 1964,together with Hadiiabdic participated in the killing of Serbs
in i3orak Grdo; Mensur Djakovic, police inspector from Goraide; Izo
Efendic, of father Mujo, deputy commander of the Municipal
Headquarters of Territorial Defence Goraide, was responsible for the
arming of Muslims, formed armed units and liquidated Serbs in
Goraide; Safet Efendic, of father Mujo, participated in the liquidation of
Serbs in Goraide; Muris iivojevic, from Goraide, participated in the
killing ofMila Spaic, looting and burningof Serb houses in Goraide;
Sejo ~iga, participated in the killing of the married couple Matovic in
VraneS (144197-5);Taib Zec from the village of Lastovice; lzet Zlatic,
aka "Cigo", participated in the killing of Delic and ~mukic; Mustafa
Zlatic, truck carrier fromGoraide, commander of the Muslim military
unit, participated in the killing of Delic, ~mukic, Milutin Pejovic, Ljubo
Matovic, Jagodic, Milja Vukadin and other Serbs (witnesses 594194-13,
36/95); Sejo Imamovic, born 1956,of father Alija, judge from Goraide;
IbriSim Imsirevic from Goraide, participated in the killing of Mi30
Jevdjevic and Milenko Jevdjevic from Goraide; Sakib Islamagic, aka
"Kime", from Goraide, participated in the killing of Mi30 Jevdjevic and
Milenko Jevdjevic from Goraide; Jasko Islimovic; Jasko Jusic from
Hubijer, municipality ofGoraide, bodyguard of the Muslim commander;
Jasminko Justic (Jusic), aka Jasko, from Kazagici (Hubijeri) near
Goraide, bodyguard of the Muslim commander of the right bank of the
river Drina, on 24 April 1994,killed Rastko Vukmanovic from firearms;
Camil Kalnic, participated in the killings in Goraide in 1992, took a
group of Serbs to the Mujkanovica Polje camp, together with Stjepan
JakSic from Biserna, where these Serbs were killed; Amer Kamenica,
mechanical techniciaii, born 1971in Goraide, of father ~efik, resided in
Podbar, participûted in the killings of Serbs and in the looting and
burning of Serb property; Sefik Kamenica, police inspector from
Goraide, interrogated and tortured Serbs in camps; Sejo Kanlic from
490Goraide, on 18 June 1992 fired shots at Slobodanka Adamovic's flat
and took Slavko HeleYaand Gordana Heleta for interrogation, as well
as cedo Kujundiic anci Janja Kujundiic, Mira PeriSic,Mira Radovic and
Mirjana ~ivkovic and intended to kilt them but was prevented from
doing so by Ejub Kudo; Abdulah Kahriman, aka Dule, born 7 April 1968
in DuSEe near ViSegrad, of father Hasan and mother Mina, nee
Turudic, raped and then killed Boja Zdilar from Goraide; Keljmendi,
Shiptar by nationality, aged about 17, whose father worked in the
Nitrogen Factory in Vitkovici, together with Kukavica, killed Petko
Stojanovic and his wife and raped Stojanovic's daughter-in-law
Nevenka; Admir Klovo, aka Tyson, from Goraide, participated in the
killing ofiSo Jevdjevic and Milenko Jevdjevic; Dievad Klovo, guard in
the prison in Goraide and in the camp on the right bank of the river
Drina (witness 514196-18)V;ahid Kukavica; Omer Kukavica from Vitkovici,
municipality of Goraide, of father Fahid, participated in the killing of
Jovanka Labus and Mirko Labus, Rajko KuSic and other Serbs from the
camp in Vitkovici; Kukavica, aged 17, of father Vahid, with Keljmendi,
killed Petko Stojanovic and his wife and the married couple Labus
(witness 287195-2);lsrnet Kulovic, aka Kule, of mother Djemka, residing
in KopaCi, municipality of Goraide, participated in the looting and
burning of Serb villages Rijeka and Donja Sopotnica and of the church
of St. George in Donja Sopotnica near Goraide, took Serbs from
Goraide to camps, looted Serb property and burned Serb houses;
Jakub MakaS, policeman from FoCa, participated in the killing of
Vukovic and Koviljka Neric from Goraide; Muhidin MaSic, aka "Munja",
participated in the killing of6 captured Serbs from Trovrh; Kale (or
Gale) MaSic, from KopaCi by birth, municipality of Goraide, sniper,
killed "Baco" Stojariovic; Muhidin MeSic, of father Haro, traffic
policeman; "Mile", Muslim soldier; Hasib Mirvic; Micivoda,arate fighter,
member of military police, participated in the killing of civilians in 1992;
Mrso from FaoCici,municipality of Goraide, participated in the killing of
the VukaSinovic family and llija Jovanovic; ~azim ObarCanin, of father
Osmo, set on fire the houses of cedo Kujundiic and Mirjana zivkovic
in Vranjska Mahala in Goraide and the flat of Slavko Heleta, 18,MoSe
Pijade Street, Goraide. This happened on 24 April 1994, when he
attacked Nikola Heleta and, had he not escaped to the flat of Azra
Muhic, he would have killed both Nikola and his wife Jovanka; Edhem
Obucina, nicknamed Edo; Edin Omerbegovic, aka Dino, from the village
of Prvanj, municipality ofGoraide, prewar criminal, publicly boasted of
having killed Serbs (witness 478/96-7); Malin Oputar, of father Mujo,
participated in the killing of Marjan Stojanovic and other Serbs, looted
491and set on fire the house of Djuro Lubarda from Goraide; Selim Pezo
from Goraide, of father Emin; Suad Pozder; lbrahim Popovic, of father
Jakub, reserve policeman, took Serbsto camps and killed them, one of
the hardest criminals in Goraide; Murat Popovic from Vitkoviéi, aged
about 45, member of the Muslim army, prewarcriminal, participated in
the killing of Serbs from Crkvine; Osman Radmilovic from Vitkovici,37
Omladinskih brigada, born on 14April 1952,of father Fenim, commander
of police in Vitkovici, organizer of arrests and liquidation of Serbs
(witness 144197-7,144197-9);Memso Ramovic from Goraide, participated
in the killing ofila Spaic; Memsudin RaSCic,aka Memso, graduate of
economics, from Goraide, of father lbrahim and mother Hasna, killed
brothers DuSan and Brano Nikolic, participated in the killing of Mi50
Jevdjevic and Milenko Jevdjevic and other Serbs; Mehmed Redjovic,
son of Hamdo, was domiciled in Podbarak near Goraide; Amir Reko,
aka "Makedonac", commander of the 43rd brigade of the Muslims army
on the right bank of the Drina, JNA captain; Mustafa Rikalo, aka ~upo,
killed Vule Pereula on 27 May 1992 in front of Vule's house in
Goraide; he did it from the terrace of his house; Alija Rogo from
Bacci, municipality of Goraide, born 1956, of father Mujo and mother
Hadiira, participated in the burning of the Serb settlementof Bacci and
the killing of Serbs from that settlement;es Rogo, born 1971,of father
Murat, was employed in the socially-owned enterprise "Bosna-putevi",
as a driver, participated in the burning of the Serb settlement ofBacci
and the killing of Serbs from that settlement; Murat Rogo, worker from
the village ofBacci, son of Suljo, was employed in the socially-owned
enterprise "Pobjeda", participated in the burning of the Serb settlement
of Bacci and the killing of Serbs from that settlement; Rasim Rogo from
the village ofBacci, municipality of Goraide, born 1961,of father Mujo,
participated in the burning of the Serb settlement of Bacci and the
killing of Serbs from that settlement; Salko Rogo, truckcarrier, from the
settlement of Bacci, born 1952,in Goraide, of father Mujo and mother
Hadiira, participated in the killing of Budo Uljar, Milo3 Drekalo, Pero
Pantovic, llija Vla3ki and others; Halim Rogo, driver,from the settlement
of Bacci, born in 1952,of father Suljo, was employed in the socially-
owned enterprise "Bosna-putevi", participated in the killing of Budo
Uljar, Milo3 Drekalo and others; ~efko Rogo, worker, son of Suljo, from
Bacci, was employed in the enterprise "Pobjeda", participated in the
killing ofBudo Uljar, Milo3 Drekalo and others; lbro Salihspahic from
Goraide, participated in the killing of 8 members of the VukaSinovic
family on 25 May 1992 in Gornja Bukvica (evidence 144197-1);
N.Selimovic, son of schoolteacher Sefko Selimovic from Goraide,
492Muslim soldier, participated in the killing of Marjan Stojanovic and
Koviljka Stojanovic; Abdulselam SijerCic, aka "Pelam, private caterer,
born 1952 in Goraide, son of Sadik, participated in the killing Mi30
Jevdjevic and Milenko Jevdjevic; Muhamed SijerCic, aka Sirija, son of
Mustafa, teacher of history, participated in the killing of Serbs in Borak
Brdo; Sead Sofovic, aka Sofa, from Goraide, I KovaSkaStreet, born on
18March 1957,of father Hamzo and mother Biba, killed Boban Radovic
(witnesses 144197-3,144197-9); lsmet SubaSic,policeman, commander of
reservo police on the right bank of the river Drina in Goraide, took
Serbs to camps and liquidated them; Osman SubaSic, participated in
the killing of Gojk~ Simovic (witnesses 514196-14,144197-5,144/97-7);
Safet SubaÇic, Muslim soldier; Nediad Suljevic (or Suljovic) from
Renovac, participated in the killing of llija Jovanovic (witness44197-4);
Mirzo Tatarin, participated in the burning of Serb villages (witness
287195-2); Samir Terovic, aka Tera, from Goraide, participated in the
killing ofMi30 Jevdjevic and Milenko Jevdjevic; Enes Turkovic from
Goraide, commandeir of the KopaCi battalion in the 31st Goraide
Muslim brigade, participated in the killing of llija Gladanac, Andjelka
Terzic and the Serbs captured on Trovrh; Haso Catic from Goraide;
Rastim Ustic from Mravinjac, municipality of Goraide, military
policemar?,participated in the killing of Gojko Simovic; Edin FejziC, son
of Aziz, participated in the killing of Gojko Simovic, teacher; Suad
Hamzic, participated in the killing of 8 members of the VukaSinovic
family in Donja Bukvica on 25 May 1992 (evidence 144197-1)A ; bdulah
Hasanovic, a.ka Apko, of mother Behka, born about 1952 (or !949),
opened fire in the house of Nedimovic and in that of Slavko Heleta,
attempted to set iton fire and set fire to the flat of Slavko Heleta
(witness 514196-40);Selim Hadiiabdic, forester from KopaCi, one of the
commanders of the c;ompaniesof the Muslim army in KopaCi, attacked,
together with Meho Drljevic and Enes Turkovic, the village of Borak
Brdo, in which they killed 6 Serbs - llija Gladanac and others; Aho
Hadiovic, school priincipal in Goraide; Salko Herenda from Sarajevo,
killed Zora Danilovic by throwing her from the terrace of the fifth floor
from the flat of Veljo Jagodic;"HeSa", police inspector in Goraide; Zijo
Hodiié, Muslim soldier; Murat Hodiic from TreSnjica near Bare; ~efko
Hodiic, policeman, took Serbs to camps and participated in their
liquidation; Mustafa HoSo, sociologist, worked in the enterprise
"Pobjeda" in Goraide, member of staff of the 43rd brigade and
president of the exelsutiveboard of the assembly of the municipality of
Goraide; Mehmed tiukara, participated in the burning of Serb villages
and the killing of Serbs inGoraide, Vitkovici and Mravinjac, participated
493in the killing of Serbs in JoSanica in Srbinje in 1992(witness 287195-2);
Dino ~avrk distinguished himself in the beating of Serbs (514196-3);
lzudin ~eljo, aka Beli, from Goraide, participated in the killing of Mila
Spaic and other Serbs; lrfan ~eljo, police inspector, Goraide;
Sabahudin ~eljo, aka "Crni", from Goraide, participated in the killing of
Mila Spaic and other Serbs; Samir ~utuna, born 1965, perpetrator of
killings in the camp in Vitkovici;HasanDiabija, traffic policeman before
the war, participated in the torture and maltreatment of Serbs in the
prison in Goraide (witness 478/96-3); Edin Diambarevic, aka Dino,
from the village of Prvanj, municipalityof Goraide, a criminal before the
war, publicly boasted of having killed Serbs (witness 478196-7),
participated in the killing of the married couple PljevaljCic (witness
144197-2);Samir Diebo, son of Suhro, police inspector from Goraide;
Murat Sabanovic, born on 7 January 1953in Orahovci, municipality of
ViSegrad, son of Saban, lived in the settlement of DuSEein ViSegrad,
instigator of genocide, because he called upon Muslims in the street in
Goraide, using a megaphone, to kill Serbs; Hajro ~abanovic from
~ajniëe, participated in the killing of Nekic and Koviljka Vukovic;
Mustafa Salo from ViSegrad, participated in the killing of Lazar
Gavrilovic and Jovan Gavrilovic.
Evidence: 370194; 390194; 4401194-3,4,6,8,9,10,II,12,13,14,15,16,18,25,42;
462194;594194-1,12,13,14,1 28;1195-1-2;70194;1831943; 6195;205195-3;
287195-2; 295195-1,2;205195-2,3;462194;601195;622195;718195;101196-6;
356196; 678196-15,478196-3,4,5,6,7,8,9,1O,ll,l25;14196,
4,6,7,8,9,11,14,15,16,17,18,19,20,22,23,35,,48;196-28,29;144197-
1,2,3,4,5,7,8,9,10).
7.1.16.4. On the Second Submission of the US
Government, sent on 22 October 1992 to the Secretary-General of
the United Nations, E.J. Perkins, permanent representative of the
USA, refers to several cases of killings of Serb civilians by members
of Muslim armed forces. Thus, on 20 April 1992, the Muslim Adil
Cmerovic killed without any cause whatsoever a young handcuffed
Serb in a street in Goraide.
1. The Serb called ZeCevic, first name unknown, was
led naked through Goraide by members of Muslim armed forces, who
forced him to crawl on the asphalt and bark like a dog. Then they
savagely tortured and killed him. A Serb woman from Goraide lost her right arm when
members of Muslim armed forces threw a bomb on her house on 18
March 1992.
7.1.17.0. Kotor Var03
7.1.17.1. On 24 July 1992, two Serbs, J.T. and M.Dj.,
went to their home in Rastik, a Serb village in the commune of Kotor
VaroS, to feed and tend cattle that they had left when they fled from
the village.
Muslirri soldiers captured the two Serbs, tied them up,
blindfolded them and took them to the camp in the village of VeCici,
where they were psyc;hologicallyabused and maltreated.
Evidence: 1 17195-15.
7.1.17.2. On 24 July 1992, in the village of Naric in
Kotor Var03 commune, the uniformed Muslim soldiers Raif Alagic,
Miralem Alagic and cemil Bilic, fired with automatic weapons at
unarmed Serb civilians, whom they knew, as they were herding
sheep. They killed:
1. Tihomir Vasiljevic (father: Jovan), born 1928; and
2. DuSan Pavlovic (father: Mlle), born 1940.
Evidence: 117195-1 5.
7.1.17.3. In Kotor in the commune of Kotor VaroS, on
25 July 1992, Muslim soldiers stopped an ambulance of the Kotor
Var03 clinic. They arrested the driver M.O., who was in civilian
clothes and unarmed, tied him up and took to him to the village of
Ravne, where they locked him up with three other Serb prisoners -
Nedeljko Popovic, Boro Lugic and Nenad Novic.
They were held in a small room in a warehouse,
without sanitary facilities. They werethen taken, tied and blindfolded,
to the village of Zagradje, where they were handed over to Muhamed
Vunic, who beat them severely. Still tied and denied medical
treatment and rest, they were taken to the camp in VeEici. Muslim
guards continued to torture them, causing the death of the following
prisoners:
1. Nedeljko Popovic (father: Marijan), born 1950;
2. Boro Lugic (father: Miloje), born 1955; and
4953. Nenad Novic (father: Nedeljko), born 1962.
Evidence: 1 17195-15.
7.1.17.4. On 23 August 1992, in the village of Hanifici
in Kotor Var03 commune, Muslim and Croat soldiers captured
unarmed Serb civilians:
1. Rajko Serdar, aged 55; and
2. S.D., aged 12,
as they were rounding up horses. The soldiers beat the prisoners and
locked them in a garage. On the following day, they took S.D. to the
prison camp in the village of Vecici, and took Rajko Serdar towards
the village of Vilice, where they shot him down with automatic rifles.
Evidence: 11711 9-5
Responsibility forl1crimes described in points 4.1.17.1
to 4.1.17.4. rests with Ramo Zeher, Nediad Hibic, Hasib Tatar,
Nediib Alagic, Miralem Smajlovic, Muhamed Bilic and 25 other
Muslim and Croat soldiers, for which full personal details are
available.
7.1.17.5. On 10 July 1992, in the village of Vrbanjci in
Kotor Var03 commune, the following Serb was taken prisoner:
1. Ratko eupic (father: zivko), born 1955.
~upic was captured as he returned home from the village shop, and
was killed after 20 days in prison.
This crime was committed by: Ante Bandalo (father:
Dragoljub), born 1974; Stipe Martinkovic (father: Ante), born 1969;
and others.
Evidence: 117195-1 6.
7.1.17.6. Early in the morning of 17 September 1992,
Muslims and Croats from the village of Dabovci in Kotor Var05
commune, armed and wearing uniforms of the Muslim army, made a
surprise attack on the neighbouring Serb village of Vrbanjci,killing 16
Serb civilians:
1. Slavko Bencuz, aged 56;
2. Panka Serdar (female), aged 58;3. Nikola Dukic, born 1955;
4. Jelenko Serdar, borii 1961;
5. Radmila Serdar (fernale), aged 33;
6. Ljubica Tepic (female), aged 38;
7. Slobodanka Tepic (female), aged 10;
8. Snjeiana Tepic (feniale), aged 4;
9. Dragi Serdar, born 1945;
10. Bosa Serdar (female), aged 54;
11. Slavojka Bencuz (temale), aged 21;
12. Branko Serdar, aged 56;
13. Mirko Serdar, born 1962;
14. Spomenka Tepic-Sierdar (fernale), aged 20;
15. SlaviSa Serdar, born 1970; and
16. Slavko Serdar, aged 60.
They tried to kill another 31-year-old woman (name
known), inflicting serious bodily wounds on her.
The perpetrators of this crime were: Marko ~ipura; Ante
~ipura; Jakica sipurai; llija ~ipura; Cvetko ~ipura; Rasim LiSanEic;
Sead Menzil; Mirsad Vatrac; Besim cehic; Mirsad Smajic; Nijaz
Smajic; Fikret Planincic; Nermin Mujanovic; and Besim Aleksic..
Evidence: 234195-14, 16 and 17 and 117195-1 8. (Annex
No. C 99, svedoEenje R.S./testemony R.S., pp. cl 010-cl01 4/c1015-
c1019, Annex No. C 150, Medicinski nalazfMedicai findings - KV 1
pp. c1493-~14951~1496-c1499, and photos in the Annex No C 161,
pictures No 1-3, p. 32!)
7.1.17.7. On 4 October 1992, Muslim and Croat soldiers
raided the village of Vrbanjci in Kotor VaroS commune, which was
controlled by the Bocinian Serb army, and machine gunned a "Yugo"
car belonging to the local driving school, killing the following civilians:
1. Bojka AnteSevic (female, father: Ilija), born 1960; and her brother
2. Zlatibor Jeftimir, born 1966.
7.1.18.0. Fojnica
7.1.18.1.The following Serbs were killed in Fojnica
during 1993:1. Per Oiic, who was forced to dig his own grave before he was
killed and decapitated;
2. Mila Govedarica (female), who was killed as she lay il1 in bed
recovering from a stroke, after which her flat was set on fire; and
3. Petar GlavoCevic.
These crimes were committed by Omer Popric,
who was chief of police in Fojnica before the war.
Evidence: 319/95.
,The commune of Cajnite at present mostly controlled
by Serbs.
However, the Serb territory was frequently intruded by
Muslim forces who attacked poorly protected Serb villages, killing both
civilians andsoldiers and looting and burning down houses.
7.1.19.1. On 24 January 1993, a Muslim unit
commanded by Bajro Djuro clashed in Vijogor in ~ajni~e commune
with four soldiers of the Army of the Republic of Srpska, who were
inspecting the area. The following Serb soldiers were seriously
wounded and captured on that occasion:
1. Milojko Obradovic (father: Drago), aged 30; and
2. Vlajko Joksimovic (father Budimir), aged 25.
While the wounded soldiers were lying on the ground
unable to offer any resistance, members of the Muslim armed forces
came to them, cut off Joksimovic's left ear and gouged out
Obradovic's left eye, after which they slit their throats and fired bullets
into theirbadly mutilated bodies.
Evidence: 263194-4and 445195-21.
(Annex No. C 35, svedotenje J.~.ltestemony J.z., pp.
c370-c372/c373-c375)
7.1.19.2. On 14 February 1993, Muslim soldiers from
Gorice commanded by lzudin Kreko attacked the broader area of the
village ofBuCkovici in ~ajnite commune, with the aim of killing al1
Serb villagers and burning down their houses and other buildings.Most villagers managed to escape to a nearby forest, but the Muslim
soldiers - lzudin Kreko, Filduz Kreho, Esad ~au~evic and Ahmo Drljo
- killed the three old rnen who failed to get away:
1. Vlado ~ukovic;
2. Mladjen Drakula; and
3. Nikola PljevaljEic.
Pljevaljéic's body was then thrown into his burning house. The
Muslims razed to the ground 22 houses and many other buildings in
the village.
Evidence: 263/94-6 and 445/95-26.
(Annex No. C 111 svedoeenje V.T.2ltestemony V.T.2,
pp. CI124-11261~1127-~1129)
7.1.1<3.3.On 14 February 1993, Muslim soldiers from
Goraide commanded by Hadio Habibovic, born 1954, launched a
surprise attack on the village of Staronici inajniéecommune, killing:
1. Aleksa Tanaskovic, aged 80,
in his house, which they then set on fire, so that his body was found
partly burnt. The Muslims also burned down two other Serb houses.
Evidence: 263194-7and 445195-28.
7.1.19.4. Early in the morning of 14 February 1993,
Muslim forces commanded by Avdo Adeta, acting under a plan for
attacks on specific Serb villages inCajniéecommune which had been
prepared in Goraide by Hadio Efendic, president of the municipal
assembly of Goraide and Zaim Imamovic, military leader of the
Muslim armed force:s in Goraide, attacked the villages of sapici,
Trajan and Prijemet in cajniée commune.
The following Serb civilians, who did not manage to flee the villages,
were killed on that occasion:
1. Darinka Pijevic (fernale), aged about 70;
2. DuSanka MaSic (female), aged 50;
3. Zeljko MaSic, agecf 13;
4. Trifko DaCevic, aged 54;
5. DuSan ~okorilo, aged 45;
6. Du5ko Katana, aged 39;
7. Miroslav Krnojelac, aged 42;
8. 6020 DaCevic,aged 60;9. Stanko Dacevic, aged 60;
10. DuSko KovaCevic;and
11. Stevo KovaCevic.
In addition,several other villagers are reported missing.
The Muslim unit intruded into the territory of the FR of
Yugoslavia during the night, crossed back to the territory of CajniCe
commune and then returned to Goraide along the sarne route.
Evidence: 263194-8 and 445195-31. (Annex No. C 21,
svedotenje R.D./testemony R.D., pp. c211-c212lc213-c214)
7.1.19.5. A group of about 20 Muslim soldiers led by
Nusret Dizdarevic and Ferid Sirovina ambushed a freight lorry at
Mlakve in CajniCe commune which was carrying Serb civilians from
the village ofGlamoCevici, and killed the following Serbs:
1. Miodrag Lakovic;
2. Aleksandar VlaSkac;
3. Vojo ~ivkovic; and
4. Milo Obradovic.
Zagorka Obradovic (female), Ratomir Savic, Vitomir
VlaSkic, Zorica ~ivkovic (female), Dragana Stojanovic (female) and
Stjepan Obradovic were seriously wounded, while six other civilians
sustained minor injuries.
Evidence: Report of inquiry.
7.1.20.0. Tuzla
7.1.20.1. From 21 May 1992, Muslim arrned forces frorn
Tuzla began attacking neighbouring Serb villages. In an attack on
Simin Han, on 21 May they killed Serb civilians:
1. Pero Stojanovic; and
2. llija IvkoviS.
Simin Han and the adjacent village of Gornji Caklovici
were repeatedly attacked from Muslirn villages in Tuzla commune and
the suburbs of Tuzla itself.3. Vladimir Bogdanovit (father: Pero), born 1969 in RastoSnica,
was killed in the Muslim shelling of the area.
In another attack, on 19 June 1992, the following Serbs
were killed:
4. Djordje Sekulic;
5. Savo Sekulic;
6. Ljubojevic (firstame unknown);
7. Macanovic (first name unknown);
8. Strahilovic (first naine unknown);
and others whose identity has not been established.
Muslim soldiers also captured and slaughtered the following Serbs in
front of their houses:
9. Jezdimir Jeftic (faîher: Petar);
10. Boiidar Rikic (father: Rade).
After the attack, the Muslims looted the village and then
razed it to the ground.
These attacks were organised by the Muslim Territorial
Defence from Tuzla and among the perpetrators, the following have
been identified: the Smajic brothers from the Muslim village of
~akovici and Mijo Paligoric, a Croat from Simin Han.
7.1.213.2.On 6 October 1993, the witness, a 73-year-
old Serb, and his wif'e Julijana (father: Djuro), born 1929, were forced
to provide accommoclation to the Muslim soldiers, Hajrudin Mujkanovic
from Janja and Nenlin Mulasalihovic from Bijeljina, in their house at
17 Ludviga PeStica Street in Tuzla.
At about midnight on 9 October 1993, the two Muslims
attacked and seriously injured Julijana, çtabbing her in the chest with
a knife, cutting her left breast and the area between the legs, and
ripping her ears when they snatched her personal jewellery. The
witness was beaten and also sustained serious bodily injuries. The
Muslims then took al1 the valuables from the house. Julijana was
taken to Tuzla hospital, where she died on 22 October 1993 without
regaining consciousness. The police in Tuzla took no action against the
perpetrators of this crime, and the witness was allowed to leave Tuzla
only after he had given the military investigators a written statement
saying that he had no intention of pressingcriminal charges.
Evidence: 293195-26. (Annex No. C 46, svedotenje
D.J./testemony D.J., pp. c465-~4691~470-c474)
7.1.20.3. On 15 May 1992, in Kozlovac near Tuzla,
140 reserve soldiers of the former JNA, al1 Serbs, were captured.
They were taken to the prison camp at Stari Rudnik near the
"Sloboda" FC stadium in Tuzla, where they were put in cellars. They
were beaten there every day, and during the 15 days they spent in
this camp about 10 soldiers were killed.
Among other things, soldiers were forced to perform
homosexual acts with each other.
Mithad Hadiimehmedovic, camp commander, Alija
MeSanovic and PaSaga Grbo are responsible for these crimes.
Evidence: 127195.
7.1.20.4. Many Serbs were imprisoned in the "Husinska
buna" former JNA barracks in Tuzla, where they were savagely
tortured. Some died of torture, including VaskrsijeoviSic from Tuzla,
who was killed by Fadil Hadiiefendic from Tuzla, who was a
mechanic in the local metal and electrical factory before the war, and
Anto, surname unknown, a lawyer in the Siporeks Company before
the war.
The commander of the barracks was Lieutenant-Colonel
Asim Osman Bajic, a retired mining engineer, and chief warden was
military police commander Salim ~abovic.
Evidence: 49/95-25. (Annex No. C 47, svedotenje
C.J.1testemonyC.J., pp. c475-~4831~484-c491)
7.1.20.5. On the basis of the decision of the war presidency in Tuzla
the military authorities took the groundfloor and the first floor of the
District Prison for their requirements while thecivilian part of the prison
remained on the second floor. Hasan Kikic, until then the head of the guardsmen in
the District Prisonwas appointed district prison wardenafier, in October
1992,Sretko Markovic was dismissed.
At first the prison warden was Fikret Ibrahimovic, active
non-commissionedJNA officer and military policeman. He was replaced
later on by Redio Adrovic from Sandiak, who was a judge in ~ivinice
before the war.
At first Fikret lbrahimovic was the commander of the
guardsmen and later on Vlado Martuzovic, a Croat from LjubaEa.
The Serbs imprisoned in the District Prison in Tuzla
were subjected to torture and, as a result of the inflicted injuries, the
following died or were killed:
1. Radovan Modrakovic from KrivaEa, son of Tripun,
wounded and then captured on 15 May 1992during the attack on the
JNA column which was withdrawing from Tuzla.
2. N.N, who was brought to the District Prison in Tuzla
in a white coat and ~vithhis head covered with blood. He was beaten
the whole night, so that nobody could sleep because of his screams.
The witness saw his dead body beingtaken away the next morning.
3. C~~ijetin Savic from the village of Smoluca,
municipality of Lukavac, aged about45, died in cell No. 13 as a result
of torture in September 1992.Before that he was in a coma for 4 days.
He was beaten in particular by guard Osman (witnesses 516196-12,
516196-13, 5161965 -1(, /96-20).
4. Branko Govedarica from the village of Baljkovica,
municipality of Zvornik, born 1932,taken away from the cell and never
returned and is presumed to have been killed.
5. Jovan Mitrovic from Smoluca, aged about 72, was
brought to the District Court in Tuzla on 19 August 1992 and
immediately beaten in the corridor in front of the cell by military
policemen and guards. He died the same night as a result of inflicted
injuries. His body was taken to the basement bathroom where witness
516196-s1aw it.
6. NN PoW from Simin Han near Tuzla who was
captured on Mt Majevica.
7. NN PoW from Smoluca (or Potpec), municipality of
Lukavac, a diabetic, who could not stand torture and whose body
wrapped in a blanket was taken away by the guards.
8. Nirl PoW from Dumnica was daily taken out of the
cell and beaten; disappeared from the prison and presumed to have
been killed.
503Evidence: 440194-28,679195-17,743195-1,743195-5,743195-6,743195-7,
743195-11,743195-12,756195, 799195-23, 799195-27, 799195-31, 73196,
315196-13, 15196-2,386196-23, 386196-24,516196-9,516196-105 , 161961,
516196-12, 516196-15 3,6196-155,16196-19,16196-20, 516196-22, 516196-37,
516196-39, 594196-13,79196-17,61/97-47,84197-2.
(Annex No. C 7, svedoëenje M.B./testemony M.B., pp. c43-~481~49-
c54)
(Annex No. C 63, svedoëenje S.M.1testemony S.M., pp. c637-
~6441~645-~651)
7.1.21.O. Ugljevik
7.1.21.1. On an unspecified date in 1992, the following
Serb was killed in the village of Bogutovo near Ugljevik:
1. Dragan Viëic; and the following Serbs were killed at the Stolice
television transmitter on Mt Majevica:
2. Mihajlo Stanic;
3. Petar Sandic;
4. Milan Sandic; and
5. Marko Savic.
These crimes were committed by members of Croat
and Muslim armed forces.
Evidence: 174195
7.1.21.2. At about seven p.m. on 5 August 1994, two
shells were fired on Donje Zabrdje and Ugljevik, outside the combat
zone, and one Serb civilian was killed:
1. Veljko Petrovic (father: Cvijetin), born 1931
A woman, N.R., born 1965, was stightly wounded.
Perpetrators:Dievad Avdicevic, aka "Babak", (father:
Diemil) born 1964, a brigade commander; Bahir MeSic (father: Meho),
born 1964, deputy commander.
Evidence: 174195-2. 7.1.21.CIIn the commune of Ugljevik on 13 September
1994, members of the so-called army of Bosnia-Herzegovina,
commanded by Dievad Avdicevic, shelled the Serb village of
Mazgraja, which was outside the combat zone, and killed the
following civilians:
1. Nada Gajic (female), born 1926;
2. Desanka Gajic (feniale), born 1931; and
3. Cvijetin Aleksic, born 1934.
Two other perçons were seriously injured.
Evidence: 174194-4.
7.1.22.0. Zvornik
7.1.:32.1. On 24 August 1992 Muslim armed forces
attacked the village of Gornja Kamenica in Zvornik commune, burnt
down al1 the houses and demolished the village Orthodox cemetery.
On that occasion, they killed:
1. Ljubomir Tomic;
2. Dragomir Tomic;
3. Milomir Kukolj; and
4. Rade Kukolj.
Among the perpetrators of these crimes were: Esad
Mehmedovic, a former policeman; Meho Suljagic; Edo Haskic; Esad
Haskic; Amhed Grebic, a former policeman from Zvornik; Hazir Begic,
a former policeman from Zvornik; and Muhamed Selimovic, in whose
house the local Muslim crisis staff met.
Evidence: 378194-19, 378194-20, 378194-21,378194-22
and 378194-23.
7.1.22.2. On 10 September 1992, at the place called
Crni Vrh on the main road from Zvornik to ~ehovici, Muslim armed
forces attacked a collumn of vehicles transporting Serb civilians, and
killed 12. One of the passengers (witness 184195-4), a 21- year-old
woman who was five months pregnant, was shot in the stomach. The
baby was killed. She remained alive, but suffered severe mental
anguish.
Evidence: 184195-9,194195-1 0, 184195-3and 184195-4.
505 7.1.22.3. In the morning of 9 May 1992, strong Muslim
armed formations with heavy weapons made a surprise attack on the
village of Gornja Baljkovica in Zvornik commune, and killed 16 Serb
civilians:
1. Stanojka Grujic (female), born 1936;
2. Dragorad Grujic;
3. Boiidar Mikic;
4. Rade Mitrovic;
5. Dragan Mitrovic;
6. Brana Mitrovic;
7. Sima Tijanic;
8. Marko Katic;
9. cedo Mihajlovic;
10. Veljko Tijanic;
11. Mica Mitrovik;
12. Slavi5.aJakSic;
13. Slavko Bojic;
14. Dragan Mihajlovié;
15. the daughter of Dimitrije Bojic; and
16. the son of Raja Mihajlovic.
The Muslims destroyed the village and burned it down.
Among the perpetrators of this crime were: Ramiz
SubaSic from Memici; Jusuf Fargan from Kriievici; Smajo SubaSic;
and his brother lsmail SubaSic; Husein Diigaric (father: Avdo), from
Muslimanski Nezuk; and Ferid Kundic, also from Muslimanski Nezuk.
Evidence: 49195-4.45/95-7 and 45/95-10
7.1.22.4. From August to 18 December 1992, Muslim
forces from the villages of Muslimansko Snagovo, Samari and
Kamenica in Zvornik commune attacked the Serb village of Snagovo,
and killed the following civilians:
1. Milovan Jasikovac, was killed on 24 August 1992. His skull was
smashed with a blunt object, his legs were burned, there were stab
wounds al1over his body, his tongue was almost severed and he had
been castrated.
2. llija Jasikovac was killed on the same occasion
Early in December 1992, Muslim forces ambushed a
lorry coming from Zvornik at the approaches to the village and killed
the following Serbs:
5061. Dragan Tasic, the driver;
2. BoSko Tasic; and
3. Nada VlaEic (female).
On 18 December 1992, the Muslims surrounded and
made a surprise attack on the village of Snagovo. On that occasion,
they killed:
1. Savka Obrenovic (fernale), aged 50;
2. Milka Obrenovic (female), aged 57, who was stabbed with a knife
and whose breasts were cut off); and
3. Velizar Jasikovac.
Dwring these attacks, the Muslims also looted the
houses and drove the cattle away with them, before setting fire to
half the houses in the village.
Evidence: 49195-5and 184195.
7.1.22.5. On 8 October 1992, Muslim armed forces
made a surprise attilck on the village of setici in Zvornik commune
and killed the following Serb civilians in the yard of Mihajlo Pantic's
house:
1. Mihajlo Pantic, aged 90, was shot with three bullets, one of which,
fired from point-blank range, shattered his head. He also had stab
wounds in the neck and in the back;
2. Cvija Pantic (female), aged 82, was shot;
3. Sava Pantic (female), aged 72, was shot and had deep wounds
on the inside of thle right thigh and on neck, probably caused by
bayonets;
4. Desa Pantic (female), aged 65, was shot;
5. Ljubica Pantic (female), aged 46, was shot;
6. Bosa Lukic (female), aged 65, was shot;
7. Cvija Prelovac (female), aged over 60, was scarred by flame.
Of the attackers, Amet Sinanovic (father: Arif) from the
Muslim part of the village was identified. Evidence: 293195-5,293195-6and 49195-8. (Annex No C
160, Photos 34 -37)
7.1.22.6. On 8 October 1992 Muslim forces from the
village ofJusici in Zvornik commune made a surprise attack on the
village ofMaleSici and killed:
1. Zdravko Malesic, aged about 70;
2. Mihajlo Peric, aged over 90;
3. Cvija Peric (female), aged about 90;
4. Ljubica Peric (female), aged about 50;
5. Drago Kulic;
6. Savo Vidovic;
7. Pero MiloSevic; and
8. a woman from Zmajevica who was visiting relatives.
The Muslims burned al1the houses in the part of the
village named after the MiloSevicfamily.
The perpetrators included members of the Muratovic
and Sulejmanovic families, from the village of Jusici, and Sejfo Nekir.
Evidence: 49195-8.
(Annex No. C 270 svedoCenjeC.M.1testemonyC.M.,
pp. ~2323-~23271~2328-~2331)
7.1.22.7. On 5 April 1992, Muslims in the village of
Sapna in Zvornik commune built a barricade on the Zvornik-Tuzla
main road, and stopped vehicles transporting reservists of the former
JNA. Knowing that the reservists were Serbs, they killed:
1. Sergeant major Mika Stanojevic
and wounded several other passengers.
This killing was organised by the chairman of the SDA
branch in that village.
Evidence: 49195-1.
7.1.22.8. On 17 September 1992, Muslim armed forces
made a surprise attack on Novo Selo in Zvornik commune and killed
the following villagers:
1. Milisav Ilic, aged 37;2. Zoran Ilic, aged39;
3. Veso Markovic, aged 59;
4. Lazar Ilic, aged 78;
5. Spasa Ilic (female), aged 80; and
6. lkonija llic (female), aged 57.
The Muslims also captured the woman P., who was
held in captivity for;about 5 months and raped. Most of the victims
were killed with knives and their bodies were burned.
These crimes were committed by Muslims from the
same village.
Evidence: 184195-2.
7.1.22.9. During a clash with Bosnian Serb forces on 5
November 1992 arclund the Serb village of Kamenica in Zvornik
commune, Muslim forces captured and killed a number of Serb
soldiers. When the Serb defenders of the village were forced to
withdraw, the Muslims killed their captives in the most brutal way.
Some of the bodies found later had been decapitated.
Others were withoul arms or legs, and some had been cut into
pieces. Chains were found on some of the bodies, with which the
victims had been tiellf up. Some bodies had been stabbed with nails,
iron bars and other instruments. The mutilated bodies of the following
Serbs were found:
1. Ur03 Kazanovic, whose body was in a state of decay;
2. Radislav Grabovica, whose arms and legs had been cut off;
3. Vlado Grabovica, who had been decapitated;
4. Savo Djokic, whci had been decapitated and had a chain around
one leg;
5. Radislav Macanovic, whose throat had been cut and had a horse's
lead on his head;
6. Radomir Pavlovic, who had been decapitated;
7. Miladin ASceric, whose body was in a state of decay;
8. Dragomir Boiic, luhose body had been butchered and had cut off
and smashed with a blunt instrument;
9. Slavko Tijanic, whose head, without eyes, ears and nose, had
been cut off and srnashed, in whose chest was found a 6-mm thick
metal bar, and whose neck, arms and legs were tied with wire;
10. Radan Pavlovic, whose body was cut into pieces; and
11. Savo Kazanovic, who had been decapitated and whose chest had
been smashed with a big nail, with which he had probably been
nailed to an oak tree. This was done by a Muslim unit commanded by Naser
Oric from Srebrenica. Of the Muslim soldiers, Muhamed
lbrahimbegovic and Kemal lbrahimbegovic from Kamenica were
identified.
Evidence: Autopsy reports by Dr Zoran Stankovic and
the witnesses 184194-5, 184195-6,184195-7and 184194-8.
7.1.22.10. On 5 May 1992 Muslim armed forces made
a surprise attack on the Serb village of BoSkovici in Zvornik commune
and killed the following civilians:
1. VukaSin Nikolic (father: Ljupko), born 1952 in BoSkovici;
2. Mitar Gajic (father: Rade), born 1964 in BoSkovici;
3. Stanko Spasojevic (father: Filip), born 1942 in Malesici';
4. Draga Lukic, the wife of MiloS Savic;
5. Dragan Cvijetinovic (father: Petko), born 1948 in BoSkovici;
6. Milosav Kostic (father: Mico), born 1968 in BoSkovici;
7. Drago TeSic, (father: Veljko), born 1933 in BoSkovici;
8. Bora Savinovic (father: Todo), born 1944 in BoSkovici; and
9. Cvjetko Savic (father: Stevo), born 1924 in BoSkovici.
The Muslim unit was led by semso Muminovic, born
1960, from KovaCevici, Diemail Spahic (father: Safet) born 1959 in
Vitinica and Hajrudin MeSic, aka "Labud", from TeoEak.
Muslim forces attacked this village again on 1 August
1993, and killed:
10. cedomir Nikolic;
11. Zoran Tomic (father: DuSan), born 1968 in setici;
12. Vidosav Tomic (father: Marko), born 1929 in setici;
13. Ur05 Jokic (father: Brano), born 1953 in BoSkovici;
14. BoSko Savinovic (father: Todo), born 1945 in BoSkovici;
15. Dragomir Milutinovic (father: Ivko), born 1942 in BoSkovici;
16. Milorad Kostic (father: Mico), born 1966 in BoSkovici;
17. Sreten Jokic (father: Tomo), born 1964 in BoSkovici;
18. Pero Milutinovic (father: Lazo), born 1922 in BoSkovici;
19. Zdravko Nikolié(father: Ilija), born 1973 in BoSkovici;
20. Toma Jokic (father: Jovo), born 1939 in BoSkovici;
21. Simo Lukic, aged about 43, from TrSic;
22. Srecko Filipovic (father: Acim), born 1931 in BoSkovici;
23. Branislav Nikolic (father: MiloS), born 1954 in BoSkovici;
24. Vinko Maksimovic (father: Petar), born 1954 in TrSic;
25. Milan Vasiljevic (father: Mihajlo), born 1958 in TrSic; and
26. Srba Savic (father: Sava), born 1955 in TrSic. Most of the victims were killed with knives and blunt
objects.
The attack was carried out by the Muslim armyls 206th
Brigade under the cornmand of ~emso Muminovic from Vitinice, which
was cited for its genocidal acts in BoSkovici and given the name
"Chivalrous Brigade".
During the second attack, the Muslims burned down 18
Serb houses and marly other buildings.
Evidence: 493194-40and 293195-8.
7.1.22.11. In the early morning of 20 June 1992,
Muslim forces made a surprise attack on the Serb village of Odiaëina
in Zvornik commune, and killed:
1. Vaso Tanaskovic from Vitnice;
2. Kosta Kostic from Vitnice, and
3. Cvjetko Kostic from Vitnice
near their houses.
They also ambushed and killed the following passengers
in the car as they tried to escape from the village:
4. Smilja Tanackovic (female), born 1944;
5. Jovika Tanackovic, born 1955; and
two other unidentified persons.
The Muslims looted and burned the village of Odiaëina.
The Muslim unit was commanded by Semso Muminovic
from the village of KovaEevici.
Evidence: 293195-27.
7.1.22.12. From May 1992 to 1 September 1992,
Muslim armed forces repeatedly attacked the Serb village of Roianj
in Zvornik commune until the inhabitants were finally forced to leave
the village. During these attacks they killed civilians in the village. In
the attack on 23 Msy 1992, they killed:
1. Dragan ASceric;and in an attack on 2 July 1992, they killed:
2. Bogoslav Ilic, born 1968;
3. Mitar Ostojic, aged about 22;
4. Stanko Ostojic, aged about 16; and
5. Goran Ostojic, aged about 30;
as they were preparing to mow grass in their meadow.
In an attack on 20 July 1992, they killed:
6. DuSan Filipovic, born 1949, as he was harvesting wheat.
In an attack on 1 September 1992, they killed:
7. Veljko Filipovic, aged 61, near his house. llija Lazic, born 1962,
and Rajo Lazic, born 1965, disappeared during this attack and are
presumed killed.
The Muslims looted and razed Roianj to the ground.
Muslims from nearby villages participated in these
attacks, including lzet Jukic from ~arci and Alija Ramic from
Plana-GoduS.
Evidence: 293195-29and 293195-30and 49195-9.
7.1.22.13. During an attack on the Serb village of
RastoSnica in Zvornik commune on 17 April 1992, Muslim armed
forces killed:
1. Zoran Bogdanovic (father: Pero), born 1971.
In another attack on 28 August 1992, they killed:
2. Drago KovaEsvic (father: Djuro), born 1935, after first castrating
him;
3. Ruiica Josipovic (female, father: Savo), born 1941, whom they
shot on her doorstep;
4. Milo5 Nikolic (father: Rade), born 1962, who was burned;
5. Nedeljko Markovic (father: Drago), born 1934;
6. Prelovac, firstname unknown;7. Zdravko Manojlovic (father: Mitar), born 1965;
8. Cvjetko, aka Katalit from ~aklavica, surname unknown;
9. Nada Mijatovic (female); and
10. Ratko Petrovic.
The Muslims then burned the village.
According to evidence, Zoran Bogdanovic was killed by
the son of Mehmed Mujakovic from the neighbouring Muslim village of
Snjeinica. Another Mujakovic's Sun, the son of Diemil MujEinovic,
aka Tite and ~elikovic, first name unknown, al1from Snjeinica took
part in these crimes.
Evidence: 293195-31and 49195-3.
7.1.23.0. Kladanj
7.1.23.1. Muslim armed forces repeatedly raided the
village ofJelaCic in Kladanj commune and killed villagers.
In an attack on 9 August 1992, they killed:
1. Dragan Dragic frorn the hamlet of Majdan; and
2. Dragan (Drago) Erdelic (father: Djuro) from JelaEic. who had
gunshot wounds in the front of the right shoulder and the outside of
the right thigh. He had a 17 by 30 mm stab wound on the back of
the right thigh inflicted bya pick or the sharp edge of a mechanical
instrument. His shoulder blade was broken and there were many
injuries on his face caused by blows with a heavy metal object. The
top of his least ear had been ripped off or cut off with a sharp
object.
In an attack on 2 February 1993, the Muslims killed:
3. Vladenko Lukic.
On 24 September 1993, a Muslim sniper killed:
4. Milorad Erdeljic arid, in December 1993, his daughter-in- law
5. Malina Erdeljic.60th were killed near their stable.
On 14 January 1994, the Muslims again attacked
Jelaëic, captured and killed the following villagers:
6. Nevenka Erkic (female), aged about 70, was killed by a number of
hard blows with a heavy blunt object in the front and back of the
head, which fractured the skull and facial bones, and blows with a
pick or a sharp metal instrument in the right breast and shoulder;
7. Nedeljko Milic, born 1967, had a gunshot wound in the right side
of the chest. The autopsy also discovered a 60 by 50 mm
oval-shaped wound on the right side of the head, where the scull
was smashed, and a 50 by 40 mm stab wound under the arm pit
inflicted by a pick or a sharp metal object;
8. 6020 Erdelic, born 1910);
9. Draga Erdelic, born 1944;
10. Radivoje Milic, born 1940, was first shot in the upper right arm
from a distance, and then killed with the sharp edge of a heavy
metal object on the left side of the head, which fractured his skull
and facialbones;
11. Kosta Milic, born 1955, was killed by a bullet fired from a pistol.
His right eye-lid was cut off and the eye was gouged out with a
heavy metal object;
12. Veselin Erdelic, born 1940, had a 150 by 70 mm gash in the
centre of his forehead inflicted by a blow from a heavy metal object,
a 60 by 50 mm stab wound in the lower part of the left chest
inflicted by a pick or some other sharp metal object, and 50 by 25
mm gashes on the left arm;
13. Draga Erdelic (father: Bo a) born 1928, was killed by a blow on
the head from a heavy metal object, which caused a 130 by 50 mm
fracture on his skull. Theictim's right eye had been gouged out with
some sharp object;
14. Petko Boiic, born 1928;
15. Zora Boiic (female);
16. Novica Erdelic, born 1965;17. Radivoje Erkic, born 1945, was shot from a side arm. The
victim's right eye had been gouged out with a sharp metal object;
18. Miladin Vukovic had gunshot wounds on the upper left arm, 60
by 30 mm stab wounds on the left side of the chest, wounds on the
back of the neck inflicted by a pick or other sharp metal object, and
both cheek bones hiad been broken by blows with a heavy metal
object;
19. Milo5 Sejimenovic;
20. Jovan Milic;
21. Grozda Erkic (fernale), born 1935; and
22. Ljubinka Erkic (female), aged over 70.
The Muslims took the captured villagers to Kladanj,
where they killed them and later exchanged their bodies.
The eyes of most of the victims had been gouged out,
their ears cut off, their teeth and nails pulled out, and their skulls
smashed with blunt objects. Kosta Milic was castrated.
Muslim formations from Kladanj, ~ivinice and Lukavac,
including special units called "~ivini~ke ose" 1 ~ivinice waspsl and
"Kladanjske kandie'? IKladanj Clawsl, took part in these crimes.
Especially brutal among the attackers were Aldo ~ecerovic and Latif
~ecerovic from Nocajevici, Rifet Kadric from Krivavovici, and Sarajlic,
firstname unknown, a former registrar in Stupari.
ln the attack of 14 January 1994, the Muslims looted
the village, razed it to the ground and drove away cattle with them.
Evideiice: the witnesses 49/95-15, 49195-16, 293195- 21
and 293195-22. (Annex No C 160, Photo 38), (Annex No C 13,
obdukcioni zapisnik J.M.1autopsy report J.M. pp. cl 19-cl 241~125-c130)
(Annex No C 268, obdukcioni zapisnik D.E.1autopsy report D.E. pp.
~2304-~2308/~2309-~2314)
Ï7.1.23.2. On 25 May 1992 Muslim armed forces
attacked the Serb village of Vranovici and the adjacent Serb hamlets
in Kladanj Commurie: Mladovo, Pobrcevac, Olovci, Brdijelji and Pajici,
forcing the inhabitants to flee. The sick and the elderly who were not
able to escape were al1killed:
1, Jovan Djeric; his wife
2. Rajka Djeric, born 1920;3. Budimir Djerié;
4. Milojka ~kiljevic (female), born 1914, her sons
5. cedo ~kiljevic and
6. Milorad ~kiljevic;
7. llija Aleksic, born 1923; his son
8. lgnjat Aleksic, mentally retarded and bed-riddensince birth;
9. Nikola Todorovic;
10. NebojSa Zoranovic from the hamlet of VuEinici;
11. Rajko Aleksic from the hamlet of KovaCici;and
12. Nedjo Stanojevic from Vranovici.
Dragan Remetié, Dragan Zoranovic, Vojko Balotic and
Vojislav Balotic weretaken into an unknown direction and nothing has
been heard of them since.
The Muslims first looted the village and then razed it to
the ground.
Members of Rahman Alilovic's family from the village of
Tuholj were identified among the perpetrators of this crime.
Evidence: 184194-38and 49195-1 7
7.1.23.3. From May 1992 onwards, Muslim armed
forces repeatedly attacked the Serb village of PelemiSi in Kladanj
commune.
In an attack on 18 April 1993, they killed:
1. Soka Gligic (female), aged about 40;
and captured Stojan VuEinovic, aged about 60, of whom nothing has
been heard since. The village was looted and burned down.
Perpetrators: "Begica", realname unknown, from the
village of Ravno, and a former manager of the "~umarstvo"
enterprise from Kladanj whose name is unknown.
Evidence: 184195-37.7.1.24.0. OraSje
7.1.24.1. On 9 May 1992,in Bukova Greda, municipality
of OraSje, the members of the military police of the 106th OraSje
brigade, commanded by Pero Vincetic, aka Konj (Horse), made a raid
upon the Serbs and the following Serbs were killed:
1. Lazar Vasiljevic, sonof Arsenije, born 1961
2. Mico Gavric, born 1939,in Bukova Greda, OraSje
3. Miso Gavric, son of Pero, born 1974 in Bukova
Greda-OraSje
4. Zoran Maksimovic, sonof Pero, born 1969in Bukova
Greda- OraSje
5. ~arko Maksimovic, son of Jovo, born 1952in Bukova
Greda-OraSje
6. Drago Cvijanovic, son of Pero, born in 1963 in
Bukova Greda-OraSje
7. Marko Maksimovic, son of Jovan, born in 1937 in
Bukova Greda -OraSje.
Evidence: 267194-1,267194-6, 267194-8,267194-14and 396195-6 and
637195-3, 396195-5, 679195-23, 679195-24, 679195-27,679195-32,
679195-35,679195-37'and the records of the identification drawn up in
the Basic Court in BrEko on 24 June 1994 for al1 the above listed
victims except forMi30 Gavric (144195-22).
7.1.25.0. Mostar
Three ethnic communities lived in Mostar: Croats, Serbs
and Muslims. Before armed conflicts broke out ethnic relations had for
the most part been characterized by tolerance. However, when war
broke out the city was divided into two sections - a Croat and a
Muslim one. The Serbs left in the Croat-Muslim areas were
continuously harassed and maltreated. They were evicted from their
flats, arrested,taken to camps, the women were raped, and some
were killed.Those who have managed to flee Mostar Say Serbs were
maltreated, most often by HVO and HOS members and Muslim
"Green Berets" and members of the Muslim Territorial Defence. The systematic persecution of Serbs in Mostar began at
the start of April 1992, after a cistern containing explosives was
blown up in front of the JNA barracks in Mostar. The explosion killed
several people and was the signal for an attack on both JNA
members and Serbs in Mostar. From that time, Croat and Muslim
police and troops went on a rampage through the city, raiding Serb
flats,houses and shops, arresting, beating and taking Serbs to
prisons and camps. HOS members appeared wearing black fascist
shirts with insignia and symbols from the Nazi puppet lndependent
State of Croatia. Camps for Serbs were set up in Mostar and the
surrounding area, in which inmates were subjected to most cruel
torture, and many were killed.
The perpetrators of crimes in the camps included Croat
and Muslim policemen, camp guards and soldiers, and even civilians
and foreigners who were invited to come to the camps to torture the
Serb prisoners.
The presidency, government and other official bodies of
the Bosnia-Herzegovina knew about these camps in Mostar and in
other places. They also they knew that the inmates were only Serb
civilians and that they were badly treated.
Official bodies were also directly involved in or condoned
the transfer of Serb prisoners from Mostar and other camps in that
part of the Bosnia-Herzegovina to another state - the Republic of
Croatia. This was done in agreement with the Croatian authorities in
Zagreb and the authorities of the Bosnian Croat state, the so-called
Herceg-Bosna.
The practice of taking Serbs from camps and civilian
Serbs from Mostar and other places of Herzegovina to the Republic
of Croatia was widespread. This was done in agreement with the
Croatian authorities in Zagreb and the authorities of so-calledHerzeg-
Bosnia.
In Mostar,apart from the ~elovina prison, 27 ~anticeva
Street, Serbs were imprisoned in about ten other places: in the
buildings of the Faculties of Economics, Mechanical Engineering and
Law; at the airfield (or heliportin Rodoc; in the Army infirmary; in
the prison in RodoS; and elsewhere.
7.1.25.1. During August 1992, Slobodan IvaniSevic,
born 1948 in the Serb village of Bogodol near Mostar, was arrested
in his apartment. Several days later, Mostar radio said that the body
of a man had been found on Bijeli Breg. Ivani9evic was identified by
his neighbours. The body was found with the skull smashed in. Evidence: 295194-12
7.1.25.2. According to the witness B.M., before the war
a policeman in Mostar, the mining of Serb shops and businesses in
Mostar started in January 1992. Explosives were planted in cafes
owned by Milan KovaEevic and Jovan Kukavac and other Serb
business premises. Early in April the Croats and the Muslirns placed
a petrol cistern full of explosives in front of the "Severni Logor"
barracks and activated it by remote control. The explosion caused
vast damage to the barracks and other buildings in the Zalik suburb
of Mostar. A soldier and three civilians were killed.
The witness was arrested on 4 May 1992, tied and
taken to the Faculty of Economics. He was asked if he wanted to
become a police inf,orrner, but he refused. He was then taken to
~elovina prison, where he remained until 14 May 1992, when he was
transferred to the district prison. He was also imprisoned for longer or
shorter periods in cletention facilities for Serbs in LiStica, Duvno,
Grude, LjubuSki and 'the Lora naval base in Split.
While in celovina prison he and other Serb prisoners
were often taken to perforrn forced labour in and around Mostar, and
they were then beaten by both the guards and local citizens. During
one such trip to Jasenica aerodrome, Serb prisoner Slavko MiloSevic
was beaten,'and then doused with petrol and burned alive.
When being transferred from the yison in Mostar to
LiStica, the blindfolded prisoner was displayed to the public as a
"Chetnik marshal", and the crowd spat at hirn, shouted abuse and hit
him. In LiStica he was detained in the police station, and an Albanian
guard beat him on the head and other parts of the body with a cable
thicker than a police truncheon. The witness was also forced to eat
lighted cigarettes, and was tied to a chair and hit on the palms of his
hands and soles of his feet. Guards ordered him to strip, hung hirn
from a central heatirig pipe on the ceiling, and tied ametal object to
his penis so that he felt excruciating pain whenever he moved. They
kept him hanging like that for three to four hours. This happened
several tirnes.
The LiStica guards hit the witness in the chest with
karate blows. They broke several ribs, which have since grown
together wrongly, and this marked deformity was plainly visible to theinvestigative judge. One hand is also scarred from beatings received
in prison.
In one beating, guards knocked out the prisoner's front
teeth, and he now wears a denture. They knocked out four of his
bottom teeth and dislocated his jaw so that he still cannot shut his
mouth properly and is unable to articulate some sounds.
From LiStica he was taken to Duvno, where he saw the
bodies of ten mutilated Serbs in rnilitary uniforms. In Duvno he saw
many Serbs imprisoned in a school.
The witness was then taken to the Lora naval base in
Split and then to Grude, where he was kept in the cellar of the local
wine coop. He was then returned via LjubuSki to ~elovina prison in
Mostar.
Early in August 1992, he witnessed when guards in
~elovina cut off the ears of a young man and then mercilessly kicked
and beat him with baseball bats, smashing his skull and spilling his
brains. They trampled on the dead body.
He was taken from the ~elovina prison to watch the
Orthodox church in Mostar being demolished.
Perpetrators of crimes:
a) the explosion in front of the JNA barracks Dragan
Nikolic, an explosives expert in Mostar police; his brother Pero
Nikolic, manager of the "Plastika" company in Mostar; Miro Krtalic,
owner of private transport firm from Mostar; and Branko Jedvaj, driver
in the "Auto-prevoz" transport company;
b) crimes committed in the detention facility at the
Faculty of Economics: Stipe Petrovic, chief of HVO police, before the
war a traffic policeman; Andjelko Lakic; Josip MarEinko; Marko BuhaC;
llija Pervan; and Jure Kraljevic, al1members of HVO police.
c) crimes commiîîed in ~elovina prison: Krtalic, first
narne unknown, from DraCevicanear Mostar;
d) crimes committed in LiStica: an Albanian policeman;
lvica PuSic, Croatian police chief instructor on island of Pag.
Evidence: 445194- 14.
7.1.25.3. Witness 445194-7,a 55-year-old female worker
from Mostar, was arrested on 15 July 1992 in her home by four HOSmembers, including Sabina Elezovic (female). They pushed in her
into a van, forced her to strip and told the arrested P.P. and one
other Serb to rape her, and beat them both when they refused. They
then took the witness to a detention facility in the army clinic in
Mostar. They handed her to the head warden lvan Zelenika. The
witness and other Serbs were beaten every day for the next fortnight
in this facility.
The retired JNA officer Luka Djordan was particularly
badly beaten. He was covered in blood and the witness was ordered
to wipe him. They took him half dead from the facility, and put him in
the deserted flat of a man called Djuka, where he was found dead.
Perpetrators: Sabina Elezovic, lvan Zelenika, the chief
warden in the deteiition facility in Mostar army clinic; Jadranko,
surname unknown: and other wardens.
Evidence: 445194-7
7.1.25.4. The following Serbs were killed or disappeared
in Mostar and the surroundings, or their destiny is unknown and are
justifiably presumed .to have been killed or to have died because
medical help was denied to them:
1. Aleksandar Andric, born 1953,son of Danilo, lived in
the settlement of Luka in Mostar, disappeared and the relatives believe
that he had been killed in Luka in the absence of any other information
about him.
2. Borika Antelj (female), textile worker, from the village
of VrapCici, municipality of Mostar, born 1949 in VrapCici, of father
Nikola, taken in an unknown direction in a military truck on 23 August
1992, together with tier mother, after which any trace of her is lost
(witness 408196-18).
3. DuSan Antelj, technician from Mostar, born 1950 in
Zijemlje, Mostar, of father Risto, member of the Republic of Srpska
Army, disappeared in Podveleije during the withdrawal of the army
from Mostar, on 16 Jiine 1992(witness 548196-22).
4. Ljubica Antelj from the village of VrapCici, municipality
of Mostar.
5. Sofija Antelj, housewife, from the villageof VrapCici,
municipality of Mostar, born on 17 December 1913in the village of
LikSani, municipality of Potoci, of father Todor, taken in an unknowndirection in a military truck on 23 August 1992, together with her
daughter, after whichany trace of her is lost (witness 408196-18).
6. Luka Acimovic, worker, from LiSani, born on 25 April
1933in HumiliSani, of father Jovo, who stayed in the village after the
withdrawal of the Serb army on 19June 1992;assumed to have been
killed (witness 408196-36).
7. Brano Berak, of father Risto, from Mostar, lived in
Bakina Luka Street, killed in mid-June 1992 on the road to Goranci;
before killing him members of HOS tortured him in the suburb of
Mostar, Cima, by threatening him to cut him into pieces with a motor-
powered saw.
8. Nikola Berak from RaStani near Mostar, born 1956,
killed in mid-June 1992; he was brought to the courtyard of witness
408196-43and hanged on a lime tree in the courtyard, after which his
body was thrown into a well; later on the body was delivered to the
authorities of the Republic of Srpska.
9. Velimir Bojanic,killed inumiliSaninear Mostar about
20 June 1992by members of HOS (Croatian Armed Forces).
10. Milan Bojanic, killed inumiliSaninear Mostar about
20 June 1992by members of HOS.
11. Danilo Borozan from Mostar, killed in his house on
BijeliBrijeg.
12. Draginja Borozan from Mostar, killed during
exchange in the power station in Stolac; two other women were also
wounded on that occasion.
13. Tea Borozan from Mostar, of father Drago, taken in
an unknown direction, presumed to have been killed.
14. Milenko BoSkovic from the village of Hodbina, born
1930in Hodbina, municipalityof Mostar, of father Nikola, member of the
Republic of Srpska Army, captured in the village of Buna on 15June
1992 during the withdrawal of the Serb army; any trace of him is lost
since then and he is presumed to have been killed (witness 408196-11).
15. Boro Brstina, born 1961in the village of Dratevice,
municipality of Mostar, of father Jovo, member of the Republic of
Srpska Army, disappeared on 15 June 1992 near the village of Buna,
when he went to see what happened to his brother Slavko who had
gone there the previous day; since then nothing in known about his
fate; according to the knowledge of witness 548196-4, after being
captured by the Croat army he was killed.
16. SaSa Brstina, born 1971in Dratevice, municipality of
Mostar, of father Mladen, member of the Republic of Srpska Army,
522disappeared on 14 June 1992 in the vicinity of Buna during the
withdrawal of the Serh army; nothing is known about his fate; according
to the knowledge of witness 548196-4he was killed after capture by the
Croat army.
17. Slavko Brstina, born 1953 in DraEevice, municipality
of Mostar, of father Jovo, member of the Republic of Srpska Army,
disappeared on 14June 1992in the vicinity of Buna; nothing is known
about his fate; according to the knowledge of witness 548196-4he was
killed after capture by the Croat army.
18. Dânilo Bukvic from Hodbina,born on 4 May 1950in
Jaseno, municipality of Nevesinje, of father Mitar, member of the
Republic of Srpska Army, disappeared inthe vicinity of Buna during the
withdrawal of the Serb army on 15June 1992(witness 548196-12).
19. Spasen Bukvic from Hodbina,born on 27 October
1956 in Jaseno, municipality of Nevesinje, of father Mitar, member of
the Republic of Srpska Army, disappeared in the vicinity of Buna during
the withdrawal of the Serb army on 15June 1992(witness 548196-12).
20. Mirko Bulic, of father Luka, from the village of
DraEevice, employed in the enterprise "Auto-remont" in Mostar, burned
in his house, when a Croat, Berto Krtalic, imprisoned him in his family
house, with the help of his black-shirted associates, and then set the
house on fire.
21. Mila Vanovic, housewife from Malo Polje,
municipality of Mostar, born 1919in Malo Polje, of father Jovo, who had
suffered a stroke previously, died after she lost one leg,in June 1992;
two days after her death the house was set on fire together with the
body of the deceaseclwoman in it(witness 408196-15).
22. Rank0 Vujovic from Bileca, born 1958 in NikSic, of
father Danilo; he set out in his car as a civilian, to take over the body
of a killed fighter on 14 June 1992 and, in the vicinity of Mostar,
disappeared together with Milo3 Perunovic and Luka Papic (witness
548196-24).
23. Desanka Vukovic from Mostar, born 1927,of father
Tomo, arrested in the house of her relative Luka Vukovic on 9 January
1993,after which any trace of them is lost (witness 408196-38).
24. Divna Vukovic, aka Seka, economic technician from
Mostar, 139 Put prekomorskih brigada, born on 13 November 1948 in
Mostar, of father MomEilo Sudar; she was arrested together with her
husband Luka on 9 January 1993,after which any trace of them is lost
(witness 408196-38) 25. Luka Vukovic, owner of a small restaurant in
Mostar, 139Put prekomorskih brigada, born on 14May 1941in Mostar, of
father Branko, arrested on 9 January 1993,together with three members
of his family, after which their two-storey house of 300 sq. m was
dynamited; any trace of them is lost after that (witness 408196-38).
26. Ljubica Vukovic, housewife from Mostar, born 1927
in OrtijeS near Mostar, of father Jovo Vanovic, taken away from the
house of her brother-in-law Luka on 9 January 1993; after that any
trace of them is lost (witness 408196-38).
27. Duka Vukosav, killed in HumiliSani about 20 June
1992with a bullet in the forehead, in his car, "Opel-Rekord" make, by
members of HOS.
28. ~arko Vukosav, of father Duka, owner of cafe
"Dugin Gaj" in Bijelo Polje, killed about 20 June 1992 in a garage in
HumiliS.ani,in which six Serbs were imprisoned, by members of HVO.
29. Slavko Vukosav killed in HumiliSani, municipality of
Mostar, on 19June 1992,in the evening, by members of HVO (Croatian
Defence Council).
30. ~arko VuCic, born 1969 in Zijemlje, municipality of
Mostar, of father Todo, member of the Republic of Srpska army,
disappeared in Ravni near Mostar, on 19June 1992and there has been
no information about him since.
31. Nedeljko VuCkovic, born 1971in Mostar, of father
MiloS, killed in his car, together with his mother Olga on 23 April 1992
(witness 408196-34).
32. Olga VuCkovic, born 1934, of father BoSko, set out
with her son Nedeljko, on 23 April 1992,in their car in the direction of
her flat; when they reached the crossroads near the tobacco factory
they came under crossfire from HVO and TO (territorial defence) and
both were killed on that occasion (witness 408196-34).
33. Luka Gazivoda, of father Milan, born 1959in Cetinje,
member of the former JNA, disappeared in Mostar on 14April 1992.
34. Gospava GlavaS from the village of Hodbina, born
1910in Hodbina, of father Ante Stupic, killed on 20 June 1992,after the
Muslims and Croats took Hodbina; Mustafa Zlojo and Fadil Letuka from
the village of Sovici near Jablanica, entered herhouse and, after raping
Gospava and her daughter, they killed them (witness 408196-11 and 13).
35. Zora GlavaS from the village of Hodbina, born 1931
in Hodbina, of father Mirko Bovan, killed on 16 June 1992 (witness
408196-11). 36. Rajka GlavaS, from the village of Hodbina, born
1945, of father Djuro, killed on 20 June 1992, after the Muslims and
Croats took Hodbina; Mustafa Zlojo and Fadil Letuka from Sovici near
Jablanica entered her house and, after raping her and her mother, they
killed them (408196-11nd 13).
37. Vaso Golijanin, born 1941in Kalinovik, of father
Rade, member of the Republic of Srpska Army, disappeared during the
withdrawal of the Serb army from Mostar on 15June 1992.
38. Sava Golubovic (fernale) from LiSani, who was
immobile, died immeciiately after the withdrawal of the Serb army in
June 1992,in her flat after she was left without the necessarycare.
39. Boiana Grk, disappeared after she was returned
from unsuccessful exchange, presumed to have been killed.
40. Goran Dabic, born 1965 in Biograd, municipality of
Nevesinje, of fatherNlico killed on Mt Orlovac west of Mostar.
41. Pavle Dabic, born 1950in Konjic, of father Milosav,
member of the Republic of Srpska Army, disappeared on 23 August
1992on Mt RoSca;hiç fate is unknown (witness 408196-38).
42. Radovan Damjanac,born 1965in Odiak, municipality
of Nevesinje, of father Obrad, member of the Republic of Srpska Army,
killed in a personnel carrier during the withdrawal of the Serb army
from Mostar on 15 Jui~e1992.
43. Jovo Danilovic, aka Guta, aged about 70, killed from
a sniper in May 1992,buried in the park in Luka.
44. Tihomir Denda, born 1962 in Sarajevo, of father
Krsto; member of the Republic of Srpska Army; killed during the
withdrawal of the Serb army from Mostaron 15June 1992.
45. Dragoman Doknic, of father Petar, born 1958 in
NikSic, member of the Republic of Srpska Army, disappeared during a
military action of the Republic of Srpska Army in August 1992 on the
top of Bijelo Polje,elevation Mt RoSca; the body offered for exchange
has not been identified.
46. Aleksandar Dragic, born on 12 May 1971in ~elju~a,
municipality of Mostar, of father Ratko, member of the Republic of
Srpska Army, probably captured during the military action on 23 August
1992on Mt RoSca; his fate is unknown (witness 408196-28).
47. Gojko Dragic, born 1956in Mostar, of father Branko,
member of the Repiiblic of Srpska Army, disappeared on 16June 1992
in Podveleije.
48. Luka Djordan, frorn Mostar,military pensioner, killed
in the summer of 19!32in his flat, a couple of weeks afier release from
525the camp in the military infirmary in Mostar, where he was maltreated
and beaten.
49. Ljubica Djordan from Mostar, killed in the summer of
1992in her flat, together with herhusband Luka.
50. Radmila Djordjevic, born 1970 in Kragujevac,
disappeared on 29 May 1992 at Mostar airport.
51. Dragan DjuraSkovic, from Mostar, 218 Rudarska
Street, aged about30, of father Milan; taken from home by Jure Djidjic
and two other uniformed persons, one night about2.00 a.m. His body
was found on 14July 1992in the vicinity of the "Bristol"otel in Mostar;
according to the statement of his wife - witness 408196-39 he was
killed by a shot from firearms.
52. Borivoje Zirojevic, of father Jovan, born 1956 in
Zalom, municipality of Nevesinje, member of the former JNA,
disappeared in Mostar on 14April 1992.
53. Marija Zurovac, from the village of Ravni,
municipality of Mostar, killed about 24 August 1992in Ravni.
54. Mirko Zurovac, from the villageof Ravni, municipality
of Mostar, killed about 24 August 1992,together with his wife Marija, in
Ravni.
55. Rajko Zurovac, pensioner, from the villageof Sutina,
of father Maksim; wounded in the hip in 23 April 1992in front of the
"Lira" restaurant by Beli Drljevic, a Muslim, who fired a shot at him; he
took his own life because of the consequences of wounding, on 21
May 1992(witness 408196-19).
56. Dragan IvaniSeviC,milling-machine operator, from the
village of LakSevina, born on 9 December 1955 in Mostar, of father
Danilo; on 24 April 1992he left for Mostarin his "Renault" car with the
intention oftaking the money from the flat whichwas on the territory
held by Muslims at that time; there has been no trace of him since and
he is presumed to have been killed (witness 408196-16).
57. Ratko IvaniSeviC from Mostar, imprisoned and
beaten up, died at home in 1992 as a result of injuries inflicted in
prison.
58. Branko Ivanovic, born on 25 March 1950 in
Udreianj, municipality of Nevesinje, of father Jovan, member of the
Republic of Srpska Army, captured in the vicinity of Buna on 15June
1992; the body offered for exchange later on was not identified;
according to the knowledge of witness 548196-4 he was killed after
capture by the Croat army; this was also confirmed by witness 548/96-
II.
526 59. DragiSaIlic, drove Col. PuSaraon 16June 1992;they
were ambushed by rriembers of the Croat army and he was killed
(witness 548196-5).
60. SaSa lndjic from ZeljuSa-~ostar, born on 2
September 1967 in Mostar, of father Stanislav, on 16 June 1992; he
accompanied Col.PuSara,and their vehicle wasambushed by members
of the Croat army; Sa5a was captured and there was not trace of him
since (witness 548196-5).
61. Dragan Jakovljevic, born 1967 in NikSic, of father
MomCilo,disappeared in Mostar on 14April 1992,as a soldier doing his
military service in the former JNA.
62. Blagoje Janjic from Ravna Gora, municipality of
Mostar, of father cepa atyed with his wife in the village after the
withdrawal of the Serb army because he was il1 and immobile; three
days later, about 28 May 1992, their house was surrounded by
unknown people who asked: "1sthat the house of Blagoje Janjic?" and
then burned it. Blagoje's wife Djurdja managed to take him out to the
courtyard but both go'terious burns. After that they hid in the woods,
where Blagoje died 113days later; his wife was exchanged later but
went blindbecause of burns (witness 408196-40).
63. Borislav Janjic, born 1972in Mostar, of father Savo,
member of the Republic of Srpska Army, disappeared during the
withdrawal of the Sert) army from Mostaron 15June 1992.
64. Dragica Janjic from the village of Djubrani, killed on
25 May 1992,after the Croat army entered the villagebecause she did
not wish to leave her village (witness8196-17).
65. Kova Janjic, of father scepo, from the village of
RaSka Gora, municipality of Mostar, who was paralysed and stayed
after the withdrawal of the Serb army in June 1992; as her fate is
unknown she is presumed to have been killed;
66. Mara Janjic, of father Spaso, from the village of
RaSka Gora, municipality of Mostar, who stayed in the village affer the
withdrawal of the Serb army in June 1992;as her fate is unknown she
is presumed to have been killed.
67. Rista Janjic (female), who lived in the hamlet of
KruSevica,the village of Djubrani, was killed on 25 May 1992,after the
Croat army entered the village and she refused to leave (witness
408196-17).
68. Strahilo Janjic, entrepreneur from Mostar, 127 RaSka
Gora Street, born on 19 August 1950 in RaSka Gora, of father Mico;killed, when he and his brother, witness 408196-17,were ambushed by
members of the Croat army in the village of Djubrani on 25 May 1992.
69. Darko Jermenko, born 1971in Novi Sad, soldier
doing his military service in the JNA, captured by HVO in April 1992
near the Military lnstitute in Bijelo Polje; he was hit in the region of
kidneys and although he was wounded, he was maltreated during
transportation, and diedin the car, most probably near Grude.
70. Milan Jovanovic, pensioner, from Mostar,who lived
in S.Radica Street (Avenija), born in the village of Idbar, municipality of
Konjic, of father Trifko, married, father of two children; killed 2 August
1992in his flat in the presence of his wife by members of the Croat-
Muslim army.
71. Bosiljka Kajgo, house wife from Hodbina, born 1914
in Hodbina, municipality of Mostar, of father Pero BoSkovic, stayed in
the village, where she was killed on 20 June 1992(witness 408196-21).
72. Vasilija Kajgo, housewife from the village of
Hodbina, municipality of Mostar, born 1923 (or 1924) in Hodbina, of
father Risto; she was deaf-mute from birth, stayed at home after the
Serb population left the village and was killed on 20 June 1992(witness
408196-21).
73. Milenko Kajgo, engineer, director of the wine cellar
in Mostar, born 1935,of father Jovo, killed in front his house in Hodbina
on 20 April 1992by members of HVO, namely, when he came out of
his house he was killed by a shell (witness 408196-21).
74. Veljko Kandic, born 1955in Prigradjani, municipality
of Mostar, of father Mirko, member of the Republic of Srpska Army,
disappeared on 16June 1992in the village of Ravni; the body offered
later for exchange was not identified.
75. Gojkan Kandic, born 1963in Polom, municipality of
Nevesinje, of father Manojlo, member of the Republic of Srpska Army,
disappeared on 16 June 1992 in Bijelo Polje, believed to have been
captured.
76. SlaviSa Kandic, mechanical technician, fromRaStani,
municipality of Mostar, born on 24 June 1965 in Mostar, of father
Nedeljko, member of the Republic of Srpska Army, as a wounded
soldier captured in the region of Podveleije in June 1992and brought
to the camp ~elovina in Mostar. In the hospital in Mostar, one of his
fingers was cut off incompetently, without anaesthesia and another one
a month later; on 1 September 1992 members of HVO took him from
Celovina in an unknown direction and there has been no trace of him
sinçe then (witness 548196-7and 408196-22).
528 77. Tihomir Kandic from thevillage of Buna, municipality
of Mostar, born on 16 May 1972 in OrtijeS, municipality of Mostar, of
father Milenko, member of the Republic of Srpska Army, disappeared
on 14 June 1992 in Buna; according to the knowledge of witness
548196-4,he was killed after being captured by members of the Croat
army; his relatives tried in vain to find his body (witness 548196-6).
78. Mitar Kapor, farmer, from the village of Malo Polje,
municipality of Mostar, born on 8 November 1908 in Malo Polje, of
father Luka, killed in the village after the withdrawal of the Serb army
in June 1992; his body was burned together with the house; he was
buried in his garden (witness 408196-33).
79. Risto Kapor, farmer, from.the village of Malo Polje,
municipality of Mostar, born 1912,of father Trifko, killed in the village
after the withdrawal of the Serb army and buried in the garden of Mitar
Kapor (witness 408196-33).
80. Blagoje Kedioski was imprisoned in the Dretelj
camp; he was released after his wife had paid ransom; after return
from the camp he spoke about the tortures to which the imprisoned
Serbs are subjected; because of that members of HOS came to his flat
one night and took him and his wife to a weekend house in Bijelo
Polje and killed them both.
81. Zaga Kedioski, wife of Blagoje, who was taken by
members of HOS, together with her husband, toa weekend house in
Bijelo Polje, where both of them were killed. This was preceded by
Blagoje's imprisonmentin the Dretelj camp, together with his neighbours
Vlado ~anëarevic and Ilenad Markovic. Blagoje's wife, when she got to
know that she could "ransom" her husband for DM 1000,she collected
DM 1000 and gave them to one of HOS members and her husband
was released while Nenad Markovic and Vlado Canëarevic were killed
in the camp. After return from Dretelj Blagoje spoke of the horrors the
imprisoned Serbs are exposed to, members of HOS got to know about
it and came in the evening hours to their flat, tookthem to Bijelo Polje,
where they killed the couple.
82. Stana Kneiic (Kneievic) of father Jovo, from the
village ofBuna, municipality of Mostar; killed in her village in August
1994by Martin BoSkoviC:a, Croat from the vi!lage of Crnic.
83. Ranko Kovaë born 1956in the village of Zovi Do,
municipality of Nevesinje, of father Savo, member of the Republic of
Srpska Army, disappeared on 19June 1992near the hydroelectric plant
Salakovac. 84. Marko KovaEevic,born 1933in KoleSko, municipality
of Nevesinje, of father Milovan,killed in Mostar on 14June 1992.
85. Zorka KovaEic, housewife from the village of LiSani,
municipality of Mostar, born about 1935,killed and then burned in her
house in July 1992(witness 408196-32and 36).
86. Simo KovaCic,farmer from Bijelo Polje, municipality
of Mostar, born 1910in LiSani, municipality of Mostar, of father Simo;
stayed in the village after the withdrawal of the Serb army on 19June
1992and killed in his couriyard at the beginning of July 1992;he was
struck on the head by a pistol and when he fell, he was shot at and
killed (witness408196-32and 36).
87. NebojSa Kokotovic from Mostar, 55Rudarska Street,
born 19June 1957in Mostar, of father DuSan; last seen on 14February
1993;the next day his mother reporied his disappearance to the police
in Mostar after 'she found his flat rensacked and pillaged. After a few
days his mother got the information that his body had been found on
Goranci hill, near his flat. There were visible injuries on his body. Both
jaws were broken and there were other injuries on the body (witnesses
64/96-48 and 573196-2).
88. cedomir Kukic, born 1966 in Sombor, of father
Ljubo, member of the Republic of Srpska Army, disappeared on 22
August 1992in Vranjevici.
89. Milenko Kulidian, mechanical engineerfrom Mostar,
3 Put hercegovaCkedivizije, born on 10March 1950in Mostar, of father
Obren, member of the Republic of Srpska Army; went missing in the
military action on 23 August 1992on Mt RoSca; his body was later on
given to the Republic of Srpska authorities; however, although his
personal papers were given with the body his wife claims that the body
is not her husband's (witness408196-29).
90. Tihomir Kulidian, born 1962 in Mostar, of father
Momir, member of the Republic of Srpska Army, wounded in the leg
on 15June 1992at the roundabout near the "Heroj" cafe, white he was
in Companywith witness 64/96-44; after that he was captured; he was
last seen in front of the hospital in Mostar and there has been no trace
of him since (witness 64196-55);it is possible that he had been killed
by Mujo Maric who boasted on radio Mostar, immediately after that
incident, of having caughta Chetnik.
91. Jovo Kurilic,of father Obrad, killed most probably in
June 1992 in his flat in the building "Razvitak" (Development), on the
left bank of the Neretva, in the area controlled by members of the
Muslim territorial defence.
530 92. Dragan Lalic, nicknamed Gagi, who was seriously il1
and, after the withdrawal of the Serb army on 16 June 1992,was the
only Serb who stayed in the settlement of BjeluSine;there are no data
about his destiny after that and he is presumed to have been killed.
93. Jovo Lojpur, farmer from the village of Ravni,
municipality of Mostar, born 1906 in Ravni, of father MiloS; he was
immobile and stayed in the village after the Serb population had left it
on 19June 1992;he was killed 20 days later and his house was burned
(witness 408196-41).
94. Sava Lojpur, housewife from the village of Ravni,
municipality of Mostar, born 1910in Jasenjani, municipality of Mostar, of
father Savo RajEevic;she stayed with herimmobile husband Jovo after
the Serb population had left it on 19 June 1992; about 20 days later
both were killed and their house was burned (witness 408196-41);later
on her body was given to the RS authorities.
95. Nikola Marinkovic, of father NebojSa, born 1968 in
Knjaievac, as a mernber of the Republic of Srpska Army, disappeared
in Potoci, on 19June 1992 during the withdrawal of the Serb army from
Bijelo Polje, north of Mostar.
96. Sinisa Marié from RaStani, municipality of Mostar,
born on 2 May 1969in Mostar, of father Nedjeljko; he left RaStani by
car, together with NebojSa Savic, intending to go to Hodbina, on 16
June 1992;according to the knowledge of his sister, witness 548196-13,
he was seen in the prison in LjubuSkiat the end of June 1992.
97.Djordje Medan from OrtijeS, 42, municipality of
Mostar, born on 28 April 1971in ortijeS, of father Momëilo, member of
the Republic of Srpska Army, disappeared on 14 June 1992 in Buna,
believed to have been captured by members of the Croat army
(witness 548196-3):the body offered later on by the Croat authorities as
his body-was not identified.
98. Milenko Milovic, born 1966 in Mostar, of father
Obrad, member of the Republic of Srpska Army, disappeared on 15
June 1992 during the withdrawal of the Serb army from Mostar.
99. Hista Mihic (female), of father Aleksa, from the
village of Hodbina, municipality of Mostar, killed on 20 June 1992
(witness 408196-11).
100. Vladeta MiEic of father Gvozden, born 1967 in
sabac, as a member of the Republic of Srpska Army disappeared in
Potoci on 19June 1992 during the withdrawal from Bijelo Polje, north of
Mostar. 101. Miroslav Mrkovic from Vrapcici, municipality of
Mostar, born 13July 1952in Zijemlje, municipalityof Mostar, of father
Danilo; he lefî VrapCiciby car in the directionof Bijela, on 19June 1992
and according to the knowledge of his wife, witness 548196-23the car
was seen empty and without traces of blood at the place known as
Krivina and she assumes that he had been taken away by members of
the Croat army, however, she was unable to get any information about
him.
102.Nemanja Njunjic from Mostarwho lived in the main
street in the vicinity of the Social Accounting Servicebuilding.
103. Danilo Pantic, born 1925,of father Risto, from the
village of Malo Polje, municipalityof Mostar, died in February 1993,due
to lack of medicines.
104. Dragan Pantic from Bijelo Polje, municipality of
Mostar, born on 19 October 1970 in Mostar, of father Cvetko,
disappeared in the village of Ravni during the withdrawal of the Serb
army on 19June 1992(witness 548196-14).
105. Novica Pantic from Bijelo Polje, municipality of
Mostar, born 14 January 1968 in Bijelo Polje, of father Cvetko;
disappeared during the withdrawal of the Serb army on 19June 1992in
the village of Ravni (witness548/96-14).
106. Risto Pantic, born 1900of father Jakov, from the
village of Malo Polje, municipalityof Mostar, died in November 1992due
to lack of medicines.
107. Luka Papic from Bileca-Kula, born on 25 January
1954 of father Anto; he went with Ranko Vujovic by Vujovic's car to
take over the body of a killed Republic of Srpska Army soldier on 14
June 1992 and both disappeared in the vicinity of Mostar (witness
548196-24).
108. Milena Papic, of father Savo, from the village of
Malo Polje, municipality of Mostar; she was mentally ill.
109. Milo5 Perunovic fromBileca, born 1963in NikSic,of
father Vasilijehe went as a civilian, by Ranko Vujovic's car to take
over the body of a killed Republic of Srpska Army soldier and al1
disappeared in the vicinity of Mostar on 14June 1922(witness 548196-
24).
110. Milovan Pikula, born 1924 in the village of Slivlja
near Gacko, of father Nikola, a disabled veteran from the Second
World War; worked as an upholsterer in the "Soko" factory; lived in the
settlement of Mazoljice, had a nervous breakdown; captured on 15June
1992,in the street in Mostar near the old bridge, by members of HOS
532(Croatian Armed Forces), who put him in a boat, tied him with barbed
wire and took him to the other side of the Neretva; Milovan fell off the
boat or HOS members pushed him into the water and a HOS member
fired a shot at him and killed him; the body was found in the river
Neretva.
111. Hoiidar Piljevic, born 1952 in Dreianj, of father
Savo, member of the Republic Srpska Army, disappeared in Podveleije
on 16June 1992.
112. Pavle Popovic, of father Nikola, born 1957in NikSic,
member of the former JNA, disappearedin Mostar on 14April 1992.
113. Pero PribiSic from Mostar, killed in the summer of
1993;his body was found in the garden, covered with earth.
114. Ruia PribiSic from Mostar, a Croat by nationality,
wife of Pero PribiSic,killed in the summer of 1993because she did not
want to dissociate herself from her Serb husband; her body was found
in a refuse container in Bijeli Brijeg.
115.Tomo PuSara, colonel of the Republic of Srpska
Army; he set out from Mostar to Nevesinje on 16June 1992and was
ambushed by members of the Croat army; according to the knowledge
of witness 548196-5hie was killed after capture.
116. Smilja Radovanovic, born 1932, of father Risto,
seriously wounded by sniper shots in BjeluSine on 29 April 1992 and
died of the injuries at the Militaryedical Academy in Belgrade on 3
June 1992.
117. Danica Rajkovic, housewife from the village of
Jasenjani, municipality of Mostar, born 1914in Ravni, municipality of
Mostar, of fatherMilutin Lojpur; killed in the village in which she stayed
after the withdrawal of the Serb army on 16 June 1992 because she
was il1 and could only walk with great difficulty. Her son, witness
408196-37,got to know that she waskilled by Muhamed PolEic, son of
Salko and Emina, born 1947;he first struck heron the legs with a pole
and when she fell, he slaughtered her.
118. farko Rajkovic, born 1963in Jasenjani, municipality
of Mostar, of father DuSan, member of the Republic of Srpska Army,
captured on 13 July 1992 in Potporim; after capture taken to the
elementary school in Potoci, where HVO headquarters were based and
hanged there (witness 408196-37).
119. Jovanka Rajkovic from the village of Jasenjani,
municipality of Mostar, wife of Milan Rajkovic, born 1926, of father
Vladimir, killed in the village in which she stayed after the withdrawal ofthe Serb army in June 1992;her body was found on the road between
Jasenjani and Ravni (witness 408196-37).
120. Jovanka Rajkovic, employee, from the village of
Jasenjani, municipality of Mostar, born on 20 January 1954in Bogodol,
of father Risto Matkovic,killed on 15June 1992,after the members of
HVO entered the village; they cracked her head open with a hard
object (witness 408196-30);she was burned after that (witness 408196-
37).
121. Marko Rajkovic from the village of Jasenjani,
municipality of Mostar, where he was born in 1922, of father MiloS;
killed in Ravni from firearms during the withdrawal from the village in
June 1992; later on his body was exchanged (witness408196-37).
122. Rosa Rajkovic from the village .of Jasenjani,
municipality of Mostar, born 1919in Jasenjani, of fatherNikola; killed in
the village in which she stayed after the withdrawalof the Serb army in
June 1992; killed in front of the house of her brother Jovan (witness
408196-37).
123. Sara Rajkovic, housewife from Gornji Jasenjani,
born II April 1909 in the village of Ravni, municipality of Mostar, of
father Stojan Mitric; killed on 22 June 1992in the village in which she
stayed after the withdrawal of the Serb army (witness 408196-31) in
front of thehouse of Jovan Rajkovic (witness408196-37).
124. Simo Rajkovic from the village of Ravni,
municipality of Mostar, killed in Ravni in the secondalf of August 1992.
125. Slavko Rajkovic, employee from Mostar, born on
21 June 1951in Gornji Jasenjani, municipality of Mostar, of father
Branko, member of the RS Army, killed on 15June 1992,after members
of HVO entered the village of Jasenjani and captured him, after which
they slaughtered him (witness 408196-30and 408196-37).
126. Zlatko Ristic, of father Zvonimir, born 1958 in
Kragujevac, member of the former JNA, disappearedon 5 May 1992in
Krivodol, southwest of Mostar.
127. Jovanka Rozic, nee PeSko,from Mostar, killed from
a sniper on 14January 1994near Nisina house in Brkica sokak in Donji
Brankovac. It is possible that she was not killed from a sniper but that
she was killed by neighbours who often reproached her because her
adoptive son was an activistin SDS (Serb Democratic Party) inMostar;
the members of the family of Hamo Kalajdiic who was killed in the
fighting against the Serb army threatened her in particular. 128. Petar Rozic, husband of Jovanka Rozic, found
dead at the beginning of 1994,shortly after the killing of his wife (it is
not known whether he died a natural death or was killed).
129. Milorad RuiiEic from Mostar-VrapEici, born on 21
June 1963 in Zenica, of father Jovan, member of the Republic of
Srpska Army, disappeared during the withdrawal of the Serb army from
Mostar on 15 June 1992;he is presumed to have been killed but his
body was not delivered witness 548196-17).
130. Mile Savic, born 1952,killed at the railway station
by members of HVO from Split on 16June 1992.
131. Nebojsa Savic, born 1965in RaStani,municipality of
Mostar, of fatherJovc~,member of the Republic of Srpska Army; he set
out for Hodbina by car, together with SiniSa Marié, and any trace of
him is lostsince then (54819643).
132. Sinisa Savic, disappeared in Buna on 16June 1992;
according to the knowledge of witness 548196-4 he was killed after
being captured by the!Croat army.
133. Damir Saric, born 1970 in Bijela, of father Nedjo,
member of the Repiiblic of Srpska Army, went missing in a military
action on 22 August 1992on Mt RoSca.
134. Danilo Svrdlin, owned a house at the Customs
building in Mostar; killed from a sniper at home in May 1992; buried
near the Hygienic Institute (on the left bank of the river Neretva). That
area was controlled by members of the Muslim territorial defence.
135. Risto Semiz, born 1954in Gnojnice, municipality of
Mostar, of father Djordje, member of the Republic of Srpska Army;
disappeared on 15June 1992in Hodbina and his body was exchanged;
according to the knowledge of witness 548196-4 he was killed after
capture by the Croat army.
136. Ratko Simovic,of father ~ivko, born 1963in NikSic,
member of the former JNA; disappeared in Mostar on 14April 1992.
137. Ranko SkoEajic, of father Djordje, from the village
of Blagaj, municipality of Mostar; killed in front of hise at the end
of December 1992; there were 8 wounds on the body in which the
bullet entered at one place and came out at another.
138. Nada Stevic, of father Rajko from Hodbina,
municipality of Mostar, killed on 20 June 1992(witness 408196-11).
139. Spaso Stevic, of father Nikola, from Hodbina,
municipality of Mostar; killed on 20 June 1992(witness 408196-11). 140. llija Stolica, born 1952 in Bileca, of father Nikola,
member of the Republic Srpska Army; disappeared on II June 1992in
Hodbina; the body offered forexchange was not identified.
141. Milutin Supic, nicknamed Migo, born 1926,of father
Blagoje, lived near the building "Mostarka", according to some data he
was in Dretelj.
142. Miroslav TriSic, born on 19 June 1963 in Zijemlje,
municipality of Mostar, of father Slavko, member of the Republic of
Srpska Army, disappeared on 19 June 1992 during the attack of
members of HVO on the village of Ravni (witness 548196-8).
143. Mile cecez, born 1925, of father Marko, killed in
1992in the Mostar prison.
144. Mihajlo corluka, driver in "E1ektroprevoz"-Mostar,
from Mostar, born on 14 February 1950 in Mostar, of father Djuro;
arrested and taken to the camp celovina in July 1992; taken to be
exchanged near Stolac, however, did not cross over to the area
controlled by members of the Serb army butreturned and was released
from celovina; he was killed on 13 September 1993 in front of the
Jugobanka building, by a shell fired from Croat positions, when he
came out to fetch water (witness 408196-23).
145. Andjelka Uljarevic lived in the village ofjeluSine;
killed by a shell in her courtyard, which was fired my members of HVO
from the right bank of the river Neretva.
146. Blagoje ~abrilo, of father Mihajlo.
147. Dusan cabri10 from Hodbina, born on 28 August
1948in Jasena, municipality of Nevesinje, of father Drago, member of
the Republic of Srpska, disappeared in Buna on 15 June 1992
(witnesses 548196-9and 548196-1a1nd 12).
148. Borivoje cvoro from Mostar, born 1955, of father
Mihajlo, who lived in the settlement of Vihovici above Mostar; several
times imprisoned in the camp in the former JNA barracks Zapadni
logor; last seen alive on 6 January 1993and has not been heard from
since; he is presumed to have been killed on the road to Goranci
because the Muslim and Croat soldiers took Serbs there and killed
them.
149. Milan ~voro of father Obren from Mostar, killed in
April 1993in his house located in Bakina Luka because he refused to
give his vehicle to HVO units.
150. Tomo ~agovnovic from the village of ~elju~a,
municipality of Mostar; his relatives have no knowledgeabout him since
June 1992and he is presumed to have been killed.
536 151. Luka SeSlija, former from the village of Vrapëici,
municipality of Mostar, born on 31 October 1909in BrataC, municipality
of Nevesinje, of father Petar; he stayed in the village with his wife after
the withdrawal of the Serb army and, in July 1992,screams and crying
were heard from their house, after which the house was burned; their
bodies were found and buried in Vrapëici (witness 408196-18and 20).
152. Staka ~e~lija, housewife from the village of
VrapEici, municipality of Mostar, born on 20 October 1913in Pluiine,
municipality of Nevesinje, of father Vidak; she stayed in the village,
together with her husband, after the withdrawal of the Serb army and,
in July 1992,screams and crying could be heard from their house, after
which the house was burned. Their bodies were found and buried in
VrapEici (witness 408196-18and 20).
153.Radomir ~iljegovic, born 1971in Nevesinje, of father
Djordje, member of the Republic of Srpska Army, disappeared on 15
June 1992 during the withdrawal of the Serb army from Mostar.
154.Vlado ~indik from No. 136Gnojnice, municipality of
Mostar, born on 18September 1954in Gnojnice, municipality of Mostar,
of father Milovan, memberof the Republic of Srpska Army, disappeared
in Buna on 14 June 1992, together with SaSa Brstina and Slavko
Brstina; his wife, witness 548196-4, got to know that he had been
captured by the Croat army and killed after that; she got that
information from IFOR. His body was not delivered.
155. Clanilo Skoro, born 1950 in Bijelo Polje, of father
Damjan, member of the Republic of Srpska Army; went missing in a
military action on Mt RoSca on 23 August 1992, together with Milenko
Kulidian, Pavle Dabic and Aleksandar Dragic; their fate was unknown
until May 1996, when his body was given by the Croat authorities
(witness 408196-38).
156. Novak ~ojic, poet from Mostar, 5 Ekrema curica
Street, born on 24 November 1957in KruSEica,municipality of Kalinovik,
of father Rade, member of the Republic of Srpska Army; on 15 June
1992he left for Mostar from Nevesinje in a personnel carrier and since
then any trace of him is lost; his wife, witness 548196-15saw and
heard, on Croatian TV, information about the destruction of the
personnel carrier, however, only the body of Rajko Damjanac lay by
the side of the personnel carrier and she presumes that he was
captured.
The greatest responsibility for al1 these killings rests
with: Ismet Hadiiosmanovic and Dr Safet Oruëevic, both of whom were
the presidents of SDA branch in Mostar; Josip Muslimovic and Damjan
537VlaSic, both of whom were the presidents of HDZ branch in Mostar;
Milivoje Petkovic, commander of HVO units in Mostar and Jadranko
Topic, president of the executive council of the municipality of Mostar.
Evidence: witnesses: 454195-13, 818195-14,856195-3, 908195, 40196,
64196-26, 64196-27, 64196-29, 64196-30, 64196-38, 64196-39, 64/96-40,
64196-44,64196-48,64/96-55, 83/96, 177196,213195,364196, 364196-10,
364196-113,64196-17,408196-11,408196-13,408196-15, 408196-14 6,8196-17,
408196-18, 408196-19 4,08196-20, 408196-21,408196-22-23, 408196-28,
408196-29, 408196-30, 408196-31, 408196-32, 408196-33, 408196-34,
408196-36, 408196-37, 408196-38, 408196-39, 408196-440,8196-41,
408196-43,548196,573196-2.
7.1.26.0. Duvno (Tomislavgrad)
7.1.26.1. In the period from the beginning of April 1992
to the end of June 1993, the following 23 Serb civilians were killed
among others in Duvno (Tomislavgrad):
1. Goran Milisav (father: Nikola), born 1964, who was killed near his
house after being tortured. He was then shot in the head with a
pistol by Nikola KriSta;
2. Pero Vaiic, died on the way to hospital after being beaten up by
lvan KriSta;
3. Milorad AndrijaSevic, born 1958, died from beating by lvan KriSta;
4. Simo Milisav, born 1954, was torîured and beaten for many days
in succession and then killed;
5. Jovo Vaiic, born 1935, was murdered in his shop;
6. Simo Karan, born 1959, was led around town by Croat and Muslim
military policemen, maltreated, beaten and finally killed;
7. Boio Karan, born 1937, was captured while tending sheep and
hanged from a tree;
8. Ruia Cvjetic (fernale), born 1911, was butchered in her home;9. Vasilija Velimir (female), born 1910, was burned to death in her
house.
10. DuSan Barovic, nicknamed Duka, from NikSic, captured as a
member of the JNA:; he was terribly tortured in the camp "Lora" in
Split,afier which he was transferred to Duvno, to a school building,
where he died on 22 April 1992; before that, four letters "Sn were
carved in on his forehead (witnesses 335195-21,335195-22, 418(/95).
11. Pero Vasic, died of injuries inflicted in the police
prison in Duvno in April (May) 1992(witnesses 205194-13,547196-38).
12. Mitar VujiEic from Livno, killed in 1992 during the
beating at the elementary school building in Duvno.
13. Luka Gazivoda from NikSic, Fifih Proletarian brigade
Street, born on 3 May 1954 in ~abljak-crnojevici, of father Milan and
mother Velinka, nee Jovicevic, arrested on 15April 1992in front of the
post office in Mostar:,he was brought to Duvno from Mostar, together
with Popovic and two other colleagues, and imprisoned in the camp in
the secondary school building; they stayed only 4-5 days there and one
night they were taken in an unknown direction and any trace of them
has been lost since then (witnesses 135196-24, 28195,418195).
14. Mi50 Gvozdenovic from Duvno, died of injuries after
being brought to the camp in the secondary school building, (witness
195197-32).
15. Bo20 ZeEevic, born 1924in Kongora, municipality of
Duvno, of father Luka (witness 547196-35).
16. Milenko Zetevic, born 1956,of father 6020 (witness
547196-35).
17. Milan Karan from RaScani, born 1937in RaScani, of
father Boio and mother Milica, arrested on 24 June 1992in his village
and taken to Duvno, where he was killed (witnesses 547196-33,3538;
234195-26).
18. Milan Karan, born 1949 in RaScani, municipality of
Duvno, of father Rade; killed in May 1992(witness 547196-35).
19. Slobodan Karan from RaScani,born 1957in RaScani,
of father Simo; at the end of 1992 taken away from his village, which
was turned into a camp for Serbs and his fate is unknown since then
(witnesses 234195-26,547196-33,547196-35, 547196-38).
20. Milisav Milorad, of father Nikola, killed in May 1992
(witnesses 547196-35and 547196-28).
21. Popovic, a Montenegrin from NikSic, who was
brought to Duvno, together with Gazivoda and two other colleagues,and imprisoned in the camp in the secondary school building; they
stayed only 4-5 days there and one night were taken away in an
unknown direction; according to witness 135196-2any trace of them is
lost since then.
22-23. 2 unknown Montenegrins, fromNikSic, who were
brought to Duvno from Mostar, togetherwith Gazivoda, Popovic and
another compatriot, and imprisoned in the camp in the secondary
school building; they stayed there only 4-5 days and one night were
taken away in an unknown direction; any trace of them is lost since
then (witness 135196-2).
The most responsible personsfor these killings are: Mijo
Tokic from Mandino Selo near Duvno, president of the municipality of
Duvno; lvan cosic, chief of police in Duvno, from the village of Buhovo
near Duvno; lvan KriSto, aka "DugorijEe", aged about 35, from the
village of Stipanjic, municipalityof Duvno (Tomislavgrad), truck driver in
Tomislavgrad before the war, head of interna1security; Banovic from
BriSnik near Tomislavgrad, owner of an inn in BriSnik before the war,
aged about 35, chief of investigation service; Stojan SuSilovic,
commander of the police station in Duvno before the war.
Evidence: 85194, 135196-2,195197-32, 205194-13, 234195-26, 335195-21,
335195-22,418195,428195,547196-28,547196-33,547196-35, 547196-38.
7.1.26.2. The Serb village of RaSCani,the only pure
Serb village in Duvno commune, was turned into a big concentration
camp for Serb civilians. Serbs of al1ages and both sexes were taken
there. The prisoners included some extremely old people. The oldest
was Danko ZeCevic, aged 94, born 1898. One of the imprisoned
women gave birth to a child but to continued to be kept in the camp
with her new-born baby.
The imprisoned Serbs were physically and mentally
maltreated and lived in exceptionally difficult conditions. The following
died as a result:
1. Mara Gligorijevic (female), aged 59, born 1933, had serious kidney
problems and required regular dialysis. She was denied any kind of
medical attention while in the camp;2. Rajko Vukovic, aged 56, born 1936, died from a heart attack
brought on by he physical suffering;
3. Jovo DraSko, aged 78, born 1914;
4. llija Milisav, aged :58, born 1934, died of a heart attack;
5. Tomo Bilanovic, aged 61 born 1931, died after being beaten;
6. Mijo Bilanovic, aged 82, born 1910;
7. Ljubo Karan, aged 87, born 1905;
8. Mitar Karan, aged 84, born 1908;
9. Petra Karan (female), aged 78, born 1914;
10. llija Karan, born 1927;
11. Bosiljka Milisav (female), aged 90, born 1902;
12. Gavrilo Bojanic, aged 78, born 1914; and
Evidence: 85/94, 205194-1 9 and 481195.
7.1.26.3. A group of imprisoned Serbs, known as the
Kupres group, was taken at night from the camp in Eminovo Selo,
municipality of Duvno, in the direction of Zadar:
1. Mirko ~iv~ic;
2. Slavko Dragoljevic;
3. Spasoje Kanlic;
4. Jovo Maric;
5. Ratko Milic;
6. Ljubo Milic;
7. DuSan MiliSic (fattier: Stevan); and
8. DuSan Nikic.
These prisoners had been separated from other
prisoners because of injuries inflicted during torture and beatings.
Their fate remains unknown.
Other prisoners whose condition had become critical as
a result of torture disappeared from Eminovo Selo:9. Dragan MaSic;
10. Milivoje MaSic;
11. Radovan MaSic;
12. Marko MaSic; and
13. Djoko Maric.
Their fate also remains unknown.
14. Stojan Zubic, aged 67, was exchanged on 14 May 1992 and
immediately admitted to Knin hospital, where he died after seven
days as a result of injuries sustained during torture in this camp.
These crimes were committed by Croat and Muslim
soldiers.
Evidence: 1 17195-8.
7.1.27.0. Visoko
On 20 June 1992, Muslim soldiers killed the following
Serbs in the village ofHlapcevici in Visoko commune:
1. Slavko Damjanovic (father: Jeremija), born 1935; and his wife
2. Danica Damjanovic (father: Obren), born 1940;
3. Sreto Masala (father: MiloS), aged about 45;
4. DuSanka Brajic-Ristic (female); and her son
5. ~eljko Ristic, born 1966.
The Serbs were first driven out of theirhouses, tied up
and taken to the centre of the village, where the Muslims beat them
with rifle butts, kicked and hit them, and finally shot them. Zoran
Damjanovic (father: Slavko, mother: Danica) was shot nine times, but
survived.
lsmet Ramic, aka MindjuSa, from the village of Gornja
Seota, municipality of Visoko, and Muhamed Uznalic, born 1966 in
the village of OkoliSce, municipality of Visoko, took part in the
arresting, maltreatment and killing of thebove listed Serbs.
Evidence: 234/95-8, 718/96-23 and 292/95-12, (Annex
No. C 64, svedotenje S.M.1ltestemony S.M.l, pp. c652-~6561~657-
c661) 7.1.27.2. In mid-June 1992, two Muslim soldiers from
Visoko killed:
1. Dragan Radivojeviti, deputy public prosecutor in Visoko.
They came to his house and shot him dead in front of
his wife and two small children. His body was then taken to the town
morgue, where it lay for about ten days until his wife managed to
persuade the authorities to return it forurial.
Per~etr~ators: amir Selimovic and Hajrudin Halilovic.
Evidence: 112195-1 1, 360195and 642194.
7.1.27.3. Strong Muslim forces attacked Serb villages in
Visoko commune on 19 June 1992, forcing the civilian population to
flee the surroundincl attackers and escape via Kiseljak to the
Bosnian Serb Republic. About 3,500 Serbs managed to escape,
leaving about 100 old, sick and helpless Serbs in the villages, but
many other Serbs were captured and imprisoned in the former JNA
barracks in Visoko.
This attack was commanded by Vehbija Karic, Hasib
MuSinbegovic and his brother Jusuf MuSinbegovic, al1 former JNA
officers.
Afterthe evacuation of the villages,
1. Bogoljub ~ulum,
an old man remained in ZimaSnica village. He was
killed on 18 August 1992 by Amir Provalic (father: Sejo) from
Topuzovo Polje, and Nisvet Ramic from the village of Gornja SeoEa
in Visoko commune, who first forced a scarf into his mouth, then
pierced his lips with a piece wire, as if he were a pig, cut his throat
and threw him into the ZimaSnica creek.
Evidence: 293195-4and 49195-28.
7.1.27.4. On 20 June 1992, a group of Muslims soldiers
commanded by Nisvet Ramic raided the village of KolaSic near
Visoko and searcheci Serb houses for weapons. After searching the
house of BoSko Vukovic, who surrendered three rifles, they shot:
1. BoSko Vukovic; his wife2. Draginja Vukovic; their son
3. Rajko Vukovic; and grandson
4. Miodrag Vukovic; and their neighbours
5. Jelenko Vukovic (female, father: DuSan); and
6. Zdravko Vukovic (father: MomCilo).
Evidence: 296195-1 2 and 49/94-28.
7.1.27.5. On 3 May 1992 Muslims from the GraCanica
area attacked the Serb village of CekrCici in Visoko commune, the
population of which was 95 per cent Serb.
They mortared the village, wounding civilian B. and
damaging many houses. The village was shelled repeatedly after that
in May.
1. Vojno Maksimovic, pensioner, was killed in an attack on 28 June
1992, and
2. Dragica iivkovic, the witness's wife, was killed on 30 June 1992.
Kemal KaraCicboasted that he had killed them.
Muslim snipers killed:
3. Milojka MiCic,wife of Sreta MiSic,
4. Dobrica Miric (female, father: Janko);
5. Ranko VukiCevic (father: Mico), a pensioner; and
6. Miodrag iivkovic (father: Veljko).
The following Serbs were killed by shelling:
7. The wife of Ljubo Skopljak;
8. Stanojko Dabic; ,
9. Dobrica Miric (father: Drago);
10. Mi50 Miric (father: Slavko);
11. Miodrag Lalic (father: Mladja), aged 15;
12. Novica Skopljak;
13. Zivko Lalic;
14. Stojan KovaCevic;
15. Brano KokoruS;
16. Vito Vukovic;
17. Nikola Djokic, and others.
Some houses and outbuildings were burned. Due to these attacks, about 80 per cent of the Serb
villagersleft CekrEici.
Perpetrators: Kemal KaraEic, before the war a private
transport operator and owner of a grill across the road from the
hotel in Visoko, and other Muslim soldiers.
Evidence: 412194-1 .
7.1.27.6. Muslirn soldiers drove out seven Serb families
from their homes in Visoko on Orthodox Easter Sunday in 1992,
including the eight members of the Manojlovic family, five of whom
were children under 12, and the Molijevic family, with two children
under 10.
The same Muslim soldiers again raided Serb houses in
Visoko on 20 June, and ordered inhabitants out. About 150 Serb men
and 250 women and children obeyed this call, and were searched
and relieved of their valuables. The women and children were
imprisoned in the school and the Community Centre, and the men in
the barracks near the bus depot.
In the barracks, 150 men were put in an 8 x 9 m.
room, so that they had no room to lie down. They were subjected to
various forms of torture. Muslim solders wearing masks beat and
interrogated them. They knocked out several of the witness's teeth,
broke some of his ribs and injured his neck.
The other part of the barracks was used by members of the Muslim
army who were particularly cruelto Serbs imprisoned in that camp.
In the middle of 1992there were about 500 Serbsin
this camp.
The imprisoned Serbs in this camp were subjected to
tortures as a result of which many diedor were killed:
1. Svetomir (Svetozar) Vujisic, died in the camp as a
result of beating on 6 June 1992;he was buried on 10 June in the
village of CekrEici(witness 61/97-22).
2. Stojan Gavric from the village of Biskupici,
municipality of Visoko, aged 60, died in the camp as a result of torture
(witnesses 718196-32,61/97-22).
3. Slobodan Gogic, pensionerfrom the village of Gorani
(or Grajani), municipalityof Visoko, born 1932;he died in the camp on
14 or 15 June 1992 after the guards beat him in the camp (witness
718196-33).
545 4. Djukic, an older man, from Visoko, from the
settlement of Banjer, died after beating; the nextmorning a hearse
came and took away his body.
5. Sreto Krsmanovic from the villageof Vilenjak; he was
severely beaten and then released from the camp but died the same
day.
6. Milutin Lukic, died of injuries inflicted in the camp
(witness 61/97-22).
7. Nikola Pareiina (or Paradina or Paradiik), pensioner,
died in the camp as a result of beating in room 4 (witness718196-33).
8. Rajko Pareiina from the village of Gracanica,
municipality of Visoko, born 1932 in Pale, of father Jovo; he was
arrested at his home on 8 September 1992and brought to the camp
where he was severely beaten; hedied as a result of beating the
followingmorning, at 4.00 a.m., in cell No. 4. Witness 344196-12alleges
that he had a hole on the head, above the right ear (witnesses 718196-
30, 516196-28).
9. Vojin Rakovic, pensioner from the villageof Maurovic,
municipality of Visoko, born 1934,of father 6020; on 31 August 1992,
when he was taken to the Health Centre in Visoko to have his injuries
bandaged, Mustafa Dedic, nicknamed "Muste", struck him with the knife
handle and he died of the injury inflicted on him on 2 September 1992
(witnesses 718196-325, 16196-286,1/97-21,1/97-22, 61/97-246,1/97-26).
10. Vlajko Samardiic from the village of Gorani,
municipality of Visoko, born in 1934,a serious TB patient, died after
beating (witness61/97-22).
7.1.27.7. On 24 September 1992,through the window of
room No. 3 shots were fired from a sniper and on that occasion was
killed
1. Milivoje Bajic, nicknamed Mike, from Baljik,born on 7
September 1951in Maurovici, municipalityof Visoko, of father Lazar and
mother Andjelka, who washit by a bullet in the neck, which cut his
artery. This incident was presented by Muslims asa killing by Serbs on
positions on cekrcici (witnesses 718196-32and 61/97-26).
The following day, 25 September 1992, at about 5.50
p.m., the camp was shelled and a shell flew into room No 4; it was
fired by the Muslim forces.
546 The Muslim positions were located in the direction from
which the shell came and that this shelling was deliberate is evidenced
also by the fact that the guardslefî the rooms on the that floor at that
moment.
During the shelling killed were:
2. Milija Krunic, retired forester, born 1936, from the
village of Bradva, municipalityof Visoko
3. Trif'ko GliSic, retired forester, who lived in Vilenjak,
born 1935in Vilenjak, municipalityof Visoko, of fatherDuSan, who was
imprisoned in thatcamp since 20 June 1992.
About 25 imprisoned Serbs were wounded, among
others:
1. Stanojko BosiljCic, who was transferred to Zenica
after that and any trace of him is lost since
2. Rajko Dabic
3. Milorad Joviëic of father Stanoje
4. Zoran Krsmanovic
5. Jovo Milanovic
6. Dusan Nikolic
7. Milorad Stojanëevic (or StevanCevic)
8. Nikola ~arenac
9. Mitar ~arenac
10. Rajko ~arenac
A short time after the shell had hit the camp a TV crew
appeared on the sc:ene of the incident, filmed the event and the
medical staff extending medical help to the wounded in the Health
Centre in Visoko.
The imprisoned Serbs were pressurized to make
statements that they 'werehit by a shell fired from the Serb positions.
The irnprisoned Serbs in the "Ahmet FetahagiC"barracks
were taken to the outskirts of Visoko to dig trenches for military
purposes on the front line. On that occasion they were particularly
maltreated.
During the digging of the trenches on the front line on
17July 1992wounded were:
1. Davor GliSic, nicknamed Daco, of father Ratko
2. Milenko Despotovic
3. Jovo Krsmanovic, nicknamed Djidja,of father Ostoja
4. Stojko Krsmanovic
5. SaSa Milanovic, from Maurovici (Kalotici), born 1970,
of father Zdravko (witnesses61/97-22, 61/97-24)
547 6. Branivoj Radulovic, nicknamedZane, from Radovlje
7. DuSko Rakovic, nicknamedDuci, of father Jovo
8. Zane Rakovic
9. ieljko sljivic, of father Simo
10. Sladjan sljivic, nicknamed Njonja, from Maurovici,
born 1978,of father Risto (witness 61/96-22).
The following were also wounded on the front line:
11. Dragomir Vanovac, woundedon 12 January 1993
(witness 642194).
12. Sinisa VuCenovic,nicknamed Cila, of father Djordje,
wounded on 25 January 1993(witness 642194).
7.1.27.8. It was only two months after the bringing of the first
imprisoned Serbs to the barracks in Visoko that they were visited by
the lnternational Red Cross delegation.
Whenever a delegation of the lnternational Red Cross
came to visit this camp every Serb prisoner received from the camp
authorities a soap, a pack of cigarettes and other necessities which had
to be returned after the departure of the Red Cross.
After the visit of the delegates of the lnternational Red
Cross, every prisoner was called up and had to hand over the things
received before the arriva1 of the delegation of the lnternational Red
Cross; the prisoners were maltreated and beaten if they failed to return
something.
The most responsible perçons for what happened in the
camp in the barracks in Visoko are: Elmedin-Alme Ahmic, participated
in the beating of prisoners (642194; witness 61197-22);Dizdar Ahmic
(witnesses 516196-28, 61197-22);Senad Ahmic, participated in the beating
of prisoners (witness 516196-28);Adnan Babic, participated in the
beating of prisoners (642194); Bajro from Visegrad; Nazif Biogradlija,
guard (642194);Suljo Burko, commander of guard shift (642194); ~acir
Burko, guard-shift commander (642194);Ganic (witness 516196-28);Eso
Genjac, aka Pindja (or PinCor Pinca), guard (642194;witness 61197-22);
Jasmin Graho participated in the beating of prisoners (642194);Nediad
Graho participated in the beating of prisoners (642194;witness 516196-
28); Dievad Graho participated in the beating of prisoners (642194);
Edin Dedic, guard (642194); Mustafa Dedic, aka Musto and Musa,
emergency service driver, Health Centre in Visoko, beat al1prisoners, in
particularthose who asked medical help at the Health Centre; hecaused the death of Vojo Rakovic (642194); Muhamed Dedic, aka
Gundo, guard in the camp (642194); Senad Dedic, guard (642194);
Suad Dedic; Dizdar, guard, participated in the beating of prisoners
(642194;witnesses 516196-28, 61/97-22);Enver, aka Keba (642194);~uti
or iuco from Kaljina near Sokolac; Muhamed Zukic, guard (642194);
"lnc, Jusuf Kadic, first commander of the camp (642194);Zijad Kadric,
teacher from Visoko, lived in Topuzovo Polje, commanderof the camp
(642194; witnesses 61/97-22, 61197-24); Sead Kadric, aka "~icko",
commander of guard shift, brother of the camp commander (642194);
Esmo Karavelic, participated in the beating of prisoners (witness 718196-
32); "Kengur" (642194); "Konzerva", shop assistant from Kakanj
(642194); Nurija Krijestalica; Besim Kulovic, commander of guard shift
(642194); Nezir Lopo, watchman (642194); Amir (Hamir) Murtic,
participated in the beating of prisoners (642194; 516196-28);Nero from
IlijaS; "Nura" (female), hairdresser who lived in IlijaS and then crossed
over to Visoko, where she particularly maltreated women (642194);
Orhan, guard (642194);Jasmin Pinjic (642194);Muhamed PlaniEic,guard
(642/94); Esnaf Pulic, aka Esno, participated in the beating of prisoners
(642194); Muhamed Purko from Visoko; Refik RamCe from Visoko;
Jasmin Sejdic, aka Jasko, guard (642194); Samir Selimovic, aka Domac,
born 1969 in Visoko, of father Galib, particularly cruel in beating
prisoners, from childhood grew up and was brought up in penal-
correctional institutions (642194;witnesses 718196-33,516196-28);Ethem
Senic, policeman from GraEanica; Safet Sivac, chief of police in IlijaS
before the war; Kemal Smajlovic, born 1960,deputy camp commander
(642194); Fejzagic; Samir Fejzic, aka Dajidia or Daidja or Dajdia,
participated in the beating of prisoners (642194); Fehim Fejizovic
(possibly Fejzic) participated in the beating of prisoners (witness196-
28); Nurija Ferhat from Maurovici, investigatorin the Muslim territorial
defence (642194); Hajrudin Halilovic, aka MrCo, from Visoko, lived in
Sarajevo before the \var, born on 8 april 1959in TaSevo, municipality of
Prijepolje, of father Hrustem and mother ~emsa, brother of Sefer
Halilovic, commander of the Muslim Army, chief investigator, camp
commander for a certain period of time, particularly cruel in beating the
prisoners (witnesses 718196-35; 516196-28;61197-22;61197-24);Halilovic,
aka Came, guard (642194);Hasim (Asim) Hamdic (or Hamzic), retired
before the war as a criminal investigation inspector in Visoko, from
Visoko, camp commander (642194witnesses 718196-33and 516196-28);
Cikota participated in beatings (642194);iralem eengic participated in
the beating of prisoners (642194; witnesses 718196-33and 516196-28);Hasan ~izmic, guard, participated in the beating of prisoners (642194;
witness 516196-28);~i~ko,posed as the camp commander.
Evidence: 642194, 112195-11 7,57195, 799195-3, 799195-4, 799195-6,
799195-7,799195-9,806195-35,858195-10,858195-1 1, 307196,344196-12,
516196-28,718/96-30, 718196-32,71 8196-33, 718/96-35, 61/97-21,61197-
22, 61197-24,61197-26.
7.1.27.9. In his report of 26 January 1993, US State
Department spokesman Richard Boucher said that a 19-year old Serb
civilian from Visoko saw Muslims in the camp in Visoko beat to
death:
1. MilivojeSamardiic, a Serb from Visoko.
Another witness, a 27-year old Serb from OkoliSce in
Visoko commune has testified to seeing a Muslim guard in the camp
in Visoko beat to death:
2. BoSko Rakovic, a Serb from Visoko.
Evidence: 635194-17.
7.1.27.10. The same report by Richard Boucher
mentions the incident in which Muslim territorial defence forces
arrested a Serb man and his three sons on 13 June 1992, and beat
to death:
1. Slobodan Gogic from Grajani near Visoko.
The witness, who was also tortured, identified the
people who beat him, Gogic and other prisoners.
Evidence: Statement by Richard Boucher of 26 January
1993.7.1.28.0. Bugojno
7.1.28.1. On 25 May 1992, Muslim soldiers
commanded by Semin RustenpaSic killed the following Serbs in the
village ofPotoCani near Bugojno:
1. Ljuba ~avic (father: Ljubo), born 1911, had his throat cut and a
big cross carved on liis chest;
2. Bosa cavic (female, father: Aleksa), born 1924, had her throat cut,
both breasts cut off, her eyes gouged out, her nose cut off and both
arms cut off at the elbow;
3. Milenko Lukic;
4. Drago Cavic (father: Nedeljko), born 1933;
5. Jelena cavic (feniale, father: Milovan), born 1928, had her throat
cut, her nose, ears a.ndarms cut off, and her eyes gouged out;
6. Radojka Prgmelj (female, father: Stanoje), born 1944, had her
throat cut, her breasts, ears, nose and right leg cut off and her eyes
gouged out, and her body was slashed al1over; and
7. Mara, a woman \N~OS~ surname is unknown, also had her throat
cut and was slashed al1over her body.
Evidence: 234195-1 3 and 234195-19 (Annex No. C 118
svedoëenje ~.c.ltestemony D.c., pp. cl 198-12001~1201 -cl 203)
7.1.28.2. In June 1992, Muslim-Croat forces from
Bugojno attacked, looted and burned the Serb villages of Zijamet and
~ipaljici near Bugojno, and killed a number of Serbs. The Muslim
unit, which was commanded by ldajet Prljic, aka "Paraga", took from
a Serb house in ~ipaljici a large food freezer and carried it to the
house of a Muslim in the village of Draiev Dolac. Inside the freezer
was the body of an elderly Serb woman, whose name is not known.
Evidence: 333195-24.
7.1.28.3. In the area of Bugojno the following members
of Serb nationality were also killed by members of the Muslim units:
1. Milenko Babic from the village of VileSi near Bugojno
(witness 234195-19). 2. N.Gligoric (female), from Bugojno, Slavka Rodica
Street (witness 234195-19).
3. Jovo Egic, who was first asked by Croat soldiers to
bring a lamb and after he broughtit they killed him (witness 23419549).
4. Zelen, an old woman, killed by a soldier who
explained that the old woman "wore a radio transmitter in her stocking
and used it" (witness 234195-19).
5. Luka Levovic, pensioner from Bugojno, killed by
members of the Croat army (witness 234195-19).
6. Mara Lugonja, social help recipient, killed by
members of the Croat army (witness 234195-19).
7. Sekula Nikic from Bugojno, whose ears and nose
were cut off by members of the Croat army and he died of these
injuries (witness 234195-9).
7.1.29.0. Vitez
7.1.29.1. Afîer the JNA withdrew from Zenica in the
spring of 1992, a witch-hunt against Serbs started in the village of
Tolovici near Vitez.
Muslim soldiers from the village of PreoCici near Cazin
killed the Serb villager:
1. Cvijan Jelic.
This frightened al1the Serbs to leave the village fled.
Perpetrators: Muslim soldiers from Preoëici near Vitez.
Evidence: 339194-26,
7.1.30.0. VareS
7.1.30.1. On 13 May 1994, in territory of VareS
commune, soldiers of the so-called army of Bosnia-Herzegovina
captured and killed the wounded Serb reserve policemen from Ilidia:1. Nedeljko Kuvai: (father: Veljko); and
2. Mirko Radovanovic (father: Sreta).
When their bodies were handed to the Bosnian Serb
authorities on 20 June 1994, doctors established that their throats had
been cut, their eyes gouged out, their legs and arms, and their skulls
fractured. There was a chain on KuvaC'sleft leg.
Evidence: 296195-1 6.
7.1.30.2. The bridge on the railway line from Breza to
VareS was destroyed in the village of Dabrovina at the end of May
1992.
Muslirri police from Breza commanded by Breza police
chief Halid Dinarevic retaliated at the beginning of June 1992 by
killing the Serbs:
1. Milutin Buzadiija; and his wife
2. Ruia Buzadiija, both aged about 65,
purely because they lived near the demolished bridge.
Evidence: 112195-9
7.1.30..3. In VareS and its vicinity the following Serbs
were also killed:
1. Bunjevac, from the village of Kadarici, killed in his
village by rnembers of the Muslim unit commanded by Ekrern
Mahrnutovic from VareS (evidence: 564196)
2. Nedeljko Djokic from Planinica, born 1970in Planinica,
of father Nikola, killed from infantry weapons during the attack of HVO
rnernbers on his village on 31May 1992.
3. Nikola Djokic from Planinica, born 1940 in Planinica,
rnunicipality ofareS, of father Vaso, killed from automatic weapons by
members of HVO dwring a surprise attack on his village while picking
rnushroorns in the woods on 31May 1992(witness 516196-42).
4-5. Married couple Ristic from the village of Dabrovina
were killed in May 1992when the Muslim units from the area of Breza
raided the village of Dabrovina (evidence 564196).
6. Aleksandar ~iljak from the village of Vardiste,
municipality of Breza, aged about 22, of father Tomo, was in Planinica
553visiting his uncle, when membersof HVO attacked the village and killed
him (witness 516196-42).
The following are responsible for these crimes: Dario
Andrijevic, who was the president of the municipality of VareS until
June 1992; Miroslav Vrebac, commanded the unit which attacked the
Serb villages of Planinica and Plavina; lvica Gavran, chief of police in
VareS; Halid Dinarevic, commander of police in Breza; Boro MalbaSic,
commander of HVO brigade; Ekrem Mahmutovic, commander of the
unit of territorial defence formed ineS and Ante PejCinovic,president
of HDZ (Croatian Democratic Union) in VareS and commander of a
HVO unit.
Evidence: 112195-92,96195-16,1751964, 78196-28,516196-425, 64196.
7.1.31.O. Breza
7.1.31.l. On 7 May 1992Alija Mlivicfrom Breza invited to
a restaurant in Breza
1. Nikola Radic, a Serb and a well-respected man in
Breza and, after they had been sitting at a table for a short time,
attempted to kill him without any reason, by shooting at the chest of
Nikola Radic
The seriously wounded Radicwas taken to Sarajevo by
an ambulance (at the wheel was a Serb doctor) and while they were
passing through Dobrinja the Muslims opened fire on the vehicle; on
that occasion Radic was hit in the head and died at once, while his
escori S.R. was hit in the stomach.
The editor of "Jutel", Goran Milic, asked the injured S.R.
to declare that the ambulance was attacked by members of the former
JNA.
The Muslim Radio Sarajevo broadcast the news that the
attack was made by members of the JNA.
Evidence: 516196-40
(Annex No. C 87, svedoCenje S.R.1testemonyS.R., pp.
~872-~8781~879-~884) 7.1.31.2. On the night of 7-8 April 1993, in Gornja
Breza near Breza members of the local Muslim Territorial Defence
killed in their familyouse:
1. Ranko Novakovic; his wife
2. Obrenija Novakovic;
3. his sister Rajka; and
4. and his daughter-in-law Milka.
They were al1 killed purely because they were Serbs.
Ranko was shot from close range, and the three women were
stabbed to death. Witnesses counted 16 stab wounds on Obrenija's
body.
7.1.31.3. On 11 June 1992, in Gornja Breza in Breza
commune Muslim soldiers led by Avdija Music killed:
1. Nedja Subotic, born 191 4 in Duzic hamlet.
They barged into his house and Music hit him on the
head with a pickaxe, causing instantaneous death.
Evidence: 122195-22.
7.1.31.4. On 10 June 1992, a group of Serbs from
Gornja Breza were taken to the Breza police station, where they were
beaten with sticks and electric batons. The following Serb died during
the beating:
1. Zdravko Subotic, born 1926, pensioner,
and two days later:
2. MomSilo Subotic, born 1929.
Other Serbs were seriously injured. M. suffered five
broken ribs, and J. four broken ribs on the right side.
Evidence: 112/95-21
7.1.31.5. The following Serbs werekilled in Breza and in
its vicinity:
1. Sava Bajic (female), from Podgora, aged about 60,
slaughtered by the Muslims to whom she had previously sold a cow.
555 2. Milo Buzediija, from the village of Milkino Vrelo (or
Dabrovina), slaughtered in hishouse, together with his wife.
3. Ruia Buzediija, wife of Milo Buzediija, from the
village of Milkino Vrelo (or Dabrovina), slaughtered in her house,
together with her husband.
4. Vojko Bunjevac from the village of sase, aged about 30,
who worked in the police before the war, killed in front of hishouse in
June 1992.
5. Savo Bunjevac from the village of Seoce, aged about
30, killed in front of hisuse in June 1992
6. Bunjevac, of father Slobodan, aged about 20,killed in
his courtyard after his father had been tied and made to watchthis
killing
7. Jevric, from Vlahinja, aged about 20,killed in his
house
8. Jevric from Vlahinja, an older man,killed in his house
9. Milka Radovanovic, wife of Nedjo Radovanovic, from
Mahmutovica Rijeka, aged about 70, both slaughtered in their house at
the beginning of June 1992
10. Nedjo Radovanovic, from Mahmutovica Rijeka, aged
about 70; he and his wife were slaughtered in their house at the
beginning of June 1992
11. Marinko RosuljaS from the village of Hrtina, aged
about 30, killed at his home, together with his brother Mirko and his
uncle and aunt, at the end of June 1992 by Muslims; buried in the
vicinity of hisouse (witness 478196-35).
12. Mirko RosuljaS, from the village of Hrtina, aged
about 30, killed near his house, together with his brother Marinko and
uncle and aunt at the end of June 1992by Muslims; they were buried
in the vicinity of his home (witness 478196-35).
13. N.RosuljaS, aged about 80, uncle of Marinko and
Mirko RosuljaS,killed at the end of June 1992(witness 478196-35).
14. N.RosuljaS, aged about 80, aunt of Marinko and
Mirko RosuljaS,killed at the end of June 1992(witness 478196-35).
15. Rajka Ristic, born 1924, who was in guardianship
because she was mentally retarded; killed in the village of Gornja
Breza, municipality of Breza, on 8 (or II) June 1992by members of the
Muslim army.
16. Ranko Subotic, born 1927 in Gornja Breza, was
imprisoned for 5 months in the camp in Breza in 1992;he died of theinjuries after he had been exchanged,in IlijaSat the beginning of 1993
(witness 718196-26).
17. Blagoje ~abak from Breza, born 1958, of father
Veljko, succumbed to interna1injuries inflictedduring the beating in the
camp in the basement of the enterprise "Elektroterma" in June 1992
(witness 587196-2);his injuries were inflicted by Zlatan Kozlic, a Muslim
from Breza; his body was taken to the village of Vrbovnik and it was
announced that he had been killed when he attempted to escape
towards IlijaS.
The following were responsible for these killings: Salko
OpaCin,born about 1943in Breza, of father Sulejman,president of the
municipality in Breza in 1992and president of the municipal board of
SDA (Party of Democratic Action) in Breza; Mirsad BaSic, of father
Azem, before the war worked in the security service of the steelworks
IlijaS; Kulic, commander of the police in Breza; Mustafa Mlivic, aka
Muta, criminal investigation inspector; Ago Silajdiic, criminal
investigation inspector;Arif Sirotanovic, policeinspector; Dievahid Sokic,
police inspector; Halid Frljak from Gornja Breza, chief of the crisis
headquarters in Gornja Breza.
Evidence: 799195-10, 806195-28,806195-29,806195-30,806195-31,516196-
5, 478196-35,516196-405 , 87196-2,718196-26).
7.1.32.1. At about 7.30 p.m. on 19 July 1992, in the
village of Ljubina in IlijaS commune Muslim soldiers ambushed a mini
bus, knowing that al1 the passengers were Serbs. The following
passengers were killed:
1. Jovan Nikolic;
2. Tihomir Maric; and
3. Slobodanka Macanovic (female),
white Marica Markovic, Zorica Markovic, Gordana Markovic (al1
females) and Vlatko Macanovic were seriously wounded. The attack was led by Jasmin Smajlovic and Osman
BeSlija, a policeman from IlijaS.
Evidence: 112195-1 7 and 112195-1 8.
7.1.32.2. On the night of 5-6 August 1992, in the village
of VlaSkovo near IlijaS Muslim soldiers killed the Bosnian Serb soldier:
1. Savo Subotic.
Subotic was captured and tortured before being killed by a blow on
the back of the head with a blunt object.
Evidence: 112195-1 9.
7.1.32.3. On 3 August 1994, in the village of Draievici
near IlijaS Muslim soldiers executed:
1. Gojko Djurdjic,
shooting him in front of hishouse.
Evidence: 112195-1 6.
7.1.32.4. On the night of 5-6 November 1992, Muslim
soldiers wearing combat fatigues, Meho MeSotovic and Osman
MeSotovic, entered the Vanovac farnily house in the village of Mlini
near IlijaS. Meho began shooting the occupants with an automatic
rifle, and killed:
1. Dalibor Vanovac;
2. Slobodan Vanovac;
3. Lazar Radosavljevic; and
4. Mirko Radosavljevic.
He also seriously wounded M.E.
Osman MeSotovic then killed:
5. Velibor Vanovac and seriously wounded S.R.
Evidence: 112/95-23.
7.1.32.5. On 24 May 1994, in the village of Srednje in
IlijaS commune on the road to Sokolac Muslim soldiers fired a
558projectile at an Igman-prevoz bus, containing a total of 53 Serb
civilian passengers, and killed:
1. Radmila Tanaskovic (female), born 1959,
and seriously wounded nine other passengers.
Evidence: 296195-10.
7.1.33.0. Odiak
7.1.33.1. On 20 April 1992, in the mainly Serb village of
Donja Dubica near Odiak, Ante Andrijevic, a vet from Vrbovac,
ambushed and killed the Serb:
1. Rajko Djuric
and tried to kill Steva Goranovic, Rajko Boiic and Bora Boiic.
This crime was a signal for the Serb population to start leaving Donja
Dubica for Novi Gracl.
Evidence: 191194-4 and 554194-4
7.1.33.2. On 31 May 1992, in the village of Jezero in
Odiak municipality, so far unidentified armed men killed the Serb
villagers:
1. Sreta Mlinarevic;
2. Zdravko curie; and
3. Vlado Vidic.
Evidence: 191194-1 , 191194-37, 593194-30 and
593194-31. 7.1.33.3. On 13 June 1992, Zvonko Andjelic, aka
"Kenta", from Gornji Svilaji in Odiak municipality rnurdered:
1. Bosiljka KovaCevic (female, father: Jova), born 1932;
2. Marija Miletic (female, father: Ljuba), born 1932; and
3. Radovan KovaCevic (father: Mitar), born 1930.
Andjelic had promised to smuggle the three Serbs from Novi Grad in
Odiak rnunicipality, where they lived, to Croatia and then Switzerland
for about 30,000 Swiss franks, But he took them only as far as
Kadar Hill in Gornji Svilaj, where he rnurdered them. He killed the
two women on the spot and wounded Radovan KovaCevic, who
rnanaged to escape to the house of Pavo Gudelj, where Andjelic
caught him and killed him too.
Perpetrator: Zvonko Andjelic (father: Jure), military
policeman frorn the 102nd Odiak Brigade.
Evidence: 280195-85.
7.1.33.4. Early in June 1992 in Novi Grad in Odiak
municipality, a so far unidentified man in battle fatigues like those
worn by Croat soldiers killed without any reason the old Serb woman:
1. Zorka Tatic, born 1914,
shooting her in the back with an automatic rifle on her doorstep.
Evidence: 424195-13 and 424195-1 4.
7.1.34.0. Prijedor
7.1.34.1. On 29 and 30 August 1992, Muslim soldiers
raided the village of Podgradje in Prijedor municipality and killed:
1. Boia Indjic, born 1924; and
2. Ostoja Baltic.The Muslim soldiers tied Bo20 lndjic to the kitchen sink and then set
fire to hisouse in which he was burned alive.
Ostoja Baltic was killed as he tried to escape in his
"Zastava 750" passenger car, which was set on fire with him in it.
Hamdija BeSlagic, a Muslim from Kozarac near
Prijedor, was identified as one of the perpetrators.
Evidence: 339194-11 and 339194-1 3.
7.1.35.0. Zenica
Z 1.35.1 A.fter the outbreak of the armed conflict, life in
Zenica became unbearable for the Zenica Serbs and they often had
to face threats that they would al1 be either expelled or killed. Serbs
were prohibited to enter public establishments. At thentrance to the
hospital there was the following inscription; "Serbs and dogs are not
allowed enter:"
In May, 1992, the Muslim killed:
1. Dr Veljko Sladojevic, an ophthalmologist from
Zenica and head of the Zenica Hospital department of ophthalmology,
born on 12 March 1932; son of Mitar and Joka (maiden name
Terzic). On 25 June, 1993, Muslim soldiers dragged him out of his
flat at ~"7-b [Ir Mujbegovica street in Zenica. On several
occasions, his daughter inquired about his fate at various addresses
until she got a letter from Bisera Turkovic, B-H ambassador to
Zagreb, dated 6 June 1994, in which she informed her that Dr
Sladojevic had most likely been killed by "kidnappers in a place
called Smetovi near Zenica" in October 1993. (Evidence: document
375196,witness 426,'96-43, 715/95-23)
Evidence: 292/95-16, 375196,426/96-43, 715/95-23
(Annex No C 247, svedoSenje R. C./testimony R.C.,
pp. ~2120-~2123/~2124-~2126) 7.1.35.2. In the LaSva local community district of Zenica
municipality, a minority population was Serb, but there were ten
exclusively Serb households in the hamlet of Dolipolje. The Muslims
began intimidating and maltreating Serbs in this community from the
stari of the war, demanding that they surrender weapons. They also
searched houses for Serbs who had escaped from DrivuSa and other
Serb villages that had been attacked by Muslim forces.
On 18 June 1992, a group of about 50 members of the
so-called Patriotic League came to Dolipolje, searched the houses
and locked the men in Simeon Boiic's cellar, where they tortured
them. The following Serbs died:
1. Mladjo Boiic; and
2. Milovan Boiic, aged 42,
while others were inflictedserious injuries.
Because of this al1 Serbs in the LaSva community left
their homes. Most escaped to Bosnian Serb territory, but a few
remained in Zenica. The Muslims looted and burned down most of
the deserted Serb houses.
In mid-October 1992, Muslims killed the following Serbs
when they came from Zenica to look around their weekend house in
the hamlet of Mamici:
1. Stanimir Boiic, and his wife
2. Divna Boiic.
The members of the Patriotic League who took part in
these crimes were Kiban PaSalic and Nasrudin PaSalic from Dolipolje,
and the unit was commanded by one called Taib, aka "Tako", from
Zenica.
Evidence: 635194-1 8, 293195-25and 296195-4.
7.1.35.3. On the night of 4-5 June 1992, very strong
Muslim formations wearing uniforms with the (Bosnian Muslim) lily and
562crescent insignia launched a surprise attack on the Serb part of the
village of Raspototje near Zenica, and killed the following unarmed
Serb civilians:
1. Radovan Babic, aged about 30; and
2. Stana Zorota (fernale), aged about 31,
who did not try to escape because they believed promises that
nothing would happeri to them.
Perpetrators: The Muslim forces led by Esad Hodiic
and included the brothers Diemal, Kemal and Mehmed Huseinspahic
from the village of Gnjusi near Zenica.
Evidence: 283194-6
7.1.35.4. Early in the morning of 5 June 1992, strong
Muslim forces with tanks, recoilless guns, anti-aircraft guns, mortars,
heavy machine guns and small arms launched a surprise attack on
Serb villages around Zenica - Mutnica, Lokve, Gornja Vraca, Perin
Han, Raspototje, DrivuSa and Janitki vrh.
The pretext for this attack was that Serbs in these
villages had been armed, which the witness denies. However, the aim
was to kill Serbs, destroy houses and drive the rest of the Serbs
from the area, which was largely achieved.
According to the eye-witness, the Muslims killed about
10 Serbs and wounded many more.
Fearing that they would al1be killed, the Serbs sent an
envoy to ask the Muslims to halt the attack. The Muslims agreed only
after two hours of even heavier shooting. They dernanded that al1
Serb males from the above-mentioned villages assemble at specified
places so that they could check that they had no weapons. Then they
said that the men liad to make statements while the villages were
being searched, but they would be released afterwards. However, the
Muslims collected ail the men and took them to Zenica prison.
Perpetrators:Siradj sisic from the vicinity of Zenica
commanded the Muslirn, forces on the right bank of the river Bosna;
563KeleStura, first name unknown, a Muslim former JNA officer from the
village of Gornja Vraca, commanded the Muslim forces on the left
bank; BeSlo Mujtin, commander of the military police in Zenica,
BonCina,a Slovene, commander of Zenica territorial defence.
Branko
Evidence: 283194-9.
7.1.35.5. On 6 June 1992, Muslim units with Green
Berets insignia surrounded DrivuSa and other Serb villages around
Zenica, arrested about 500 Serb inhabitants and took them al1 to
Zenica prison. The Serb prisoners were savagely beaten and
humiliated. They were ordered to go in a room and lie face down in
20 to 25 cm of water. Muslim soldiers said they wanted to see how
Chetniks swam, and then jumped and stamped on them. The
prisoners were continually threatened that they would al1 be killed,
and were kept in the prison for between one and two years. They
were beaten every day, especially at night, and a number of Serb
prisoners died of their injuries, including:
1. Petko Milic from DrivuSa, aged about 30, died on 9 June 1992.
Early in October 1992 in Perin Han near Zenica Muslim
soldiers killed:
2. Sima Stankovic; and his brother
3. Steva Stankovic; and
4. Milorad Zekanovic (father: Prokopije), born 1937 in Vraca .
Evidence: 234195-23,234195-7
7.1.35.6. On 5 or 6 June 1992, Muslim soldiers led by
Esad Hodlic from Jui and ~efik Huseinovic surrounded the Serb
village of Raspototje and started burning houses and shooting at
people. The following Serb was killed:
1. Rade Bajic.
The witness was machine-gunned from ten meters in
front of his house, and wounded in the right knee, the upper right
arm, the right shoulder and underneath the right ear. He lay there
unconscious until the next morning, when he was found and taken to
564Zenica hospital. He was kept in hospital for only three days, during
which time he was maltreated and beaten by hospital staff. After
three days he was transferred to the camp for Serbs in Zenica
prison, where he rernained until he was exchanged on 31 October
1992.
Prisoners in this camp were beaten every day and hung
from hooks in the cells.
#
Evidence: 292195-6
(Annex No C 246, svedorienje S.S.1testimony of the
witness S.S. pp. c2113-~21161~2117-c2119)
7.1.35.7. At the end of May or beginning of June
1992, Muslim soldiers raided the village of Kovanici near Zenica and
killed 13 Serb inhabitants, including:
1. Bosiljka Ubiparipovic (female, father: Vasilije), born 1926; and her
husband
2. Pantelija Ubiparipovic (father: Boia), born 1924.
They were both killecl in front of their house. Bosiljka's throat was cut
and Pantelija was strangled with the cord of an electric iron.
The following were ais0 butchered:
3. Todor Mitrovic, aged 17; and
4-5. Veljko Blagojevic and his wife.
Evidence: 292195-9.
7.1.35.8. The witness lived with her husband and two
children in Zenica. On 29 May 1993 her eight-year-old girl was
playing with other children when he was pushed by a Muslim woman
who realised that he was a Serb ont0 a spiked metal fence. He was
injured in the stomach, but his father managed to get him into Zenica
hospital.
The child was allegedly operated on, but died on 31
May 1993, when Muslim medical staff switched off his oxygen supply. When the mother asked how her child had died, a
female Muslim doctor laughed and replied: "That's how al1you Serbs
will disappear."
Evidence: 292195-12. (Annex No. C 1, svedocenje
M.A./testemony M.A., pp. cl -c4/c5-c7)
7.1.35.9. On 20 June 1992 Muslim forces attacked the
villages of Paljike, PuciSca, Maurovice and ZinEu, and killed lgor
StojEic, ViSnja Bajic, the families Vukovic and Damjanovic.
Evidence: 635194-17 (Annex No C 129 svedocenje
B.R.1testemonyB.R., pp. cl 320-13331~1334-cl347)
7.1.36.0. Jajce
7.1.36.1. On 8 April 1992, in Barevo on the road from
Banja Luka to Jajce, Croat HOS soldiers killed seven Serb JNA
reservists:
1. Dragan BudiSa, born 1965, from Bugojno;
2. Predrag Djinic, born 1970, from Bugojno;
3. Novo Klindo, born 1965, from Donji Vakuf;
4. DuSan KoCaber, born 1962, from Maslici;
5. Jova Ikic, born 1969, from Maslici;
6. Sava Sukar, born 1964, from GoleS; and
7. Branislav ~eljko, born 1965, from Blagaj.
Six civilians were seriously injured.
All the above were on a bus on the regular Banja Luka
to Bugojno line which was stopped near Jajce 2 hydro-electric plant
by barriers placed on the road by Croat HOS soldiers who had
established an illegal checkpoint. Franja Ladan, a policeman from
Jajce, stopped the bus to check the passengers, knowing that Serb
reservists were among them. Andjelko Matic entered the bus from
the front and Dragan Lazic from the rear with guns pointed, while
other HOS soldiers stayed under cover. When the reservists at the
back of the bus refused to surrender their weapons, Matic and Lazic
566started shooting, killing the soldiers and seriously wounding several
passengers.
Perpetrators: Andjelko Matic, Ivo Brtan, Dragan Lazic,
Ante Antunovic and Goran Lulic.
There had been no armed clashes in the Jajce area
before these killings.
Evidence: 116195-1,561194-2,333195-1 and 333195-8.
7.1.36.2. In October 1992, members of a Muslim armed
group called "KrajiSnici" killed:
1. Drago Puzigaca, a Serb from Jajce, in his flat.
They tortured and killed him and threw his body on the bank of the
river Vrbas outside the town, where it was later found.
Evidence: 116195-1 3, 333195-9and 333195-10.
7.1.36.3. On 6 September 1992, "Green Berets" raided
the village of Grdovo in Jajce municipality, looted it and burned the
houses.
Most of the inhabitants of this village had already left,
and those who had not managed to escape were taken to a camp in
Travnik.
The following three il1or bed-ridden Serb women were
executed:
1. Bosiljka Smoljo born 1930;
2, Bojka Gavric, born 1917; and
3. Ana Gavric, aged about 60.
This crime was committed by members of the Green
Berets Mustafa Kokic, Alija ~vraka, Besim ~vraka, Enver Dogan,
Faim Dogan, Adil ~vraka, Avdo Habib, Safet Mulic, Ale Ajanovic,
Hidajet Kokic, Kasim DerviSic, Sead DerviSic and Jakub Dogan. Evidence: 116195-1 0 and 333195-4.
7.1.36.4. On the night of 8-9 July 1992, in the village of
Smionica in Jajce municipality Jajce HOS members Stipo Pejic and
Marko Pejic murdered the Serb couple:
1. MomEilo Kalajdiija, born 1922; and his wife
2. Desanka Kalajdiija, born 1917.
They most probably killed them with a knife, stabbing them many
times and then cutting their throats.
Evidence: 116195-9.
7.1.36.5. On 7 July 1992 in Jajce Croat HOS soldiers
Umrislav Jozic, deputy chief of the HOS war council in Jajce, and his
brothers Luka and Mato, killed the following Serb civilians:
1. Zoran Medar (father: Nedjo), born 1954; and
2. Brana VuEkovic, born 1960.
After tying their hands tied behind their backs, mistreating and
torturing them, they killed them with a sharp instrument, probably a
knife, stabbing them in the neck and back, and then slitting their
throats. They threw the bodies into a ditch beside the road in a place
called Podmilaeije.
The following day the same persons killed:
3. Stevan Dejan, born 1947.
After torturing him, cutting off his right ear, stabbing him with a knife
in the neck and other parts of the body, they slit his throat and threw
his body into the river Vrbas near PodmilaCije.The body was found
100 m. downstream on 20 July 1992.
Evidence: 116195-7and 8, and 333195-9.
7.1.36.6. On 9 July 1992 Croat and Muslim forces
entered the village of Rika in Jajce municipality, which alrnost al1 theSerb inhabitants had deserted, searched the houses and killed the
one person they fourid:
1. Petra Rodic (female), born 1913.
The victim had been unable to leave due to old age and illness, and
the soldiers shot her in the head at close range.
7.1.36.7. On 4 July 1992, members of the "Green
Berets" raided the village of Brvanci inJajce municipality, from which
almost al1 the Serb inhabitants had fled, and killed the old and
bed-ridden woman:
1. Grozda Trninic (fa.ther:Petar), born 1905.
They killed her by hitting her on the head with a metal bar. Several
days later they burned al1 the Serb houses in the village, including
the house in which Grozda Trninic's body lay.
Evidence: 1 16195-5.
7.1.36.8. Fighting in Jajce municipality lasted from 27
May to 22 October 1992. On 3 July 1992, Croat-Muslim forces
attacked the Serb village of Krezluk, which most of the Serb
inhabitants had already fled.
A grocip of Muslim "Green Berets" were stationed near
the village after the attack, including Safet Dogan, Faim Dogan,
Mehmed Dogan and Galib Dogan. On 3 July 1992 they killed one of
the few Serbs who had remained in the village:
1. Nedeljko Mijatovic (father: Velimir), born 1944.
Knowing that he was a Serb, because they were neighbours, they
shot him in the back as he went to get water for his field. He
received a fatalwo~ind in the left shoulder.
Evidence: 116195-4and 333195-2. 7.1.36.9. The population of the village of KruSCicain
Jajce municipality was mixed, but most of the Serbs fled and only
32 Serbs lived there in the period from 1 June to 12 September
1992. Their names are known to the Committee.
Early in June 1992, Muslim forces began to intimidate
and terrorise these Serbs by shooting at their houses, searching their
homes and taking valuable belongings, especially money and
jewellery, detaining them in the local school, where their headquarters
was, for several hours at a time and once for a whole day, without
food and water. The Serbs were interrogated every day with use of
force and threats that they would be killed. Younger people had to
report two or three times a day to the village crisis staff.
Perpetrators: Emir Mrakovic, Suad Mrakovic, Diemil
Mrakovic and others.
Evidence: 116195-3,561194-6and 561194-7
7.1.36.10. On 29 May 1992, a group of 11 Croat and
Muslim soldiers, acting on the orders of local territorial defence
commander DerviS Kilim and commanded by Zulfo Habib, raided the
Serb village of Bavar in Jajce municipality.
Almost al1 inhabitants fled when they heard of the
attack, but the Croat and Muslim soldiers killed two old people who
did not manage to get away:
1. Stojan Trifunovic, born 1923, and his wife
2. Stana Trifunovic, born 1924.
They killed them in front of their house, shooting
Stojan Trifunovic many times and butchering Stana Trifunovic's, before
chopping her head off with an axe.
The territorial defence commander Falik lmamovic
submitted a report which stated that 11 soldiers had taken part and
completed their task "successfully".
Evidence: 116195-12 and 333195-1 7.1.36.11. On 13 July 1992, Croat and Muslirn soldiers
captured 16 Bosnian Serb policemen and soldiers, whose identities
are known to the Cornrnittee, in the village of Barevo in Jajce
municipality. After lining them up, Jozo Lovrenovic recognised and
killed with a burst from an autornatic rifle:
1. Milan IliSic (father: Nikola), born 1962.
The remaining prisoners were made to strip and were
led naked and barefoot along a stony road towards Jajce. They were
kicked, punched and hit with rifle butts, and threatened that they
would have their throats cut along the way.
2. llijaigoja (father: Ilija), born 1972,
was unable to walk because of an injury. Other prisoners tried to
carry hirn, but a Muslim soldier shot hirn dead. They left his body by
the roadside.
The witness D. took this opportunity to escape, although
the Croat and Muslirn soldiers shot at him. After that they were even
more vicious towards the prisoners. In Jajce, they took thern to the
police station, where nine Serb civilians were already imprisoned.
The prïsoners were held in cold and dark roorns, where
they were beaten every day. They were threatened with death and
local civilians were invited to corne and insult and beat thern. The
prisoners were forced to stand on their heads, eat cigarette butts and
lick their blood frorn the floor.
Jozo Lovrenovic was particularly brutal. He forced three
prisoners, whose identities are known to the Cornrnittee, to pull out
their own healthy teeth with a wire coat hanger. They were given 60
seconds to pull the tooth out, wash it and put it in a handkerchief in
which he had a collection of Serb teeth.
Evidence: 116195-1 4, 333195-11, 333195-12, 333195-13
333195-1 4 333195-8. 7.1.36.12. On 6 September 1992, Muslim-Croat forces
attacked the village of Krezluk in Jajce municipality, looting and
burning al1Serb houses in the village. They captured:
1. Mirko Romac,
whom they imprisoned in the Elektrovrbas administration building in
Jajce, where imprisoned Serbs were viciously tortured. Romac died
there under torture.
There are grounds for believing that a number of captured former
JNA soldiers were also killed in this prison.
Hamid Bostandiija, Mujo Zgonjic, Zijad skiljan and Safet Mukic were
especially brutal towards the Serb prisoners.
Evidence: 561194-6.
7.1.36.13. On 13 September 1995, in the village of Bravice,
some 4 km before Jajce on the road between Srbobran and Jajce,
Croatian troops ambushed a refugee convoy en route from Srbobran
and killed the following persons:
1. Milja Acimovic, born in Barbarici near Bugojno, in
1924. Perished in a bus (witness 715195-15),
2. Zdravko Bandulaj, a driver from the village of
salici, between 40 and 45 years of age (witness
715195-1 7),
3. Jovanka Zeljko, wife of Mihajlo, from the village of
Blagaj near Srbobran. Killed with her husband on a
horse-drawn cart (witness 715195-16, 718/96-27 and
818/95-23),
4. Marijana Zeljko, perished in a bus (witness
818195-2),
5. Marinko Zeljko, perished in a bus (witness 818195-
2),Mihajlo Zeljko, from the village of Blagaj near
Srbobran, aged about 50. Killed with his wife on a
horse-drawn cart (witness 715195-16, 718/96-27
and 818/95-23),
Borisav Jankovic, from the village of satare, born
on 5 March 1989; son of Milovan and Andja, died
in the arms of witness 718/96-27 (witness 360196-
12),
Velibor \/eljko Jankovic, from satare, Municipality
of Srbobran, 7th grade elementary school pupil,
born in 1982; son of Nedeljko (witness 360196-12
and 718/96-27),
Daliborka Jankovic, housewife from the village of
satare, aged 22; daughter of Nedeljko, married,
mother of one child (witness 360196-12 and 718196-27),
Danijela Jankovic, from satare, Municipality of
Srbobran, business school sophomore, born in
1978; disughter of Slavko and Mira, burned alive in
a bus (l~itness 718/96-28, 360196-12, 718/96-27},
Dragan Jankovic, from satare, Municipality of
Srbobran, born in 1990; son of Mica and
Dalibork:a,killed in a bus (witness 360196-12,
718/96-27),
Mira Jankovic, housewife from the village of
satare, aged 39, born in the village of Barice,
Municipality of Donji Vakuf; daughter of llija Topic
and Milojka, mother of three minors (witness
360196- 12),
Stojan Kaurin, from Srbobran, born in the village
of Bijelo Buce, in 1914, stayed in the bus he was in
where 17ewas burned alive (witness 426196-45 and
818/95-21), 14. Staka Nedjic, from the village of satare near
Srbobran, aged around 40 (witness 718/96-27)
and
15. N.N., mother of Svetlana Gudalo from Turbe
(witness 818195-2).
Evidence: 715195-12, 715/95-13, 715195-14, 715195-15, 715195-16,
715195-17, 818/95-21, 818195-23, 818195-12, 818195-2, 360196-12,
360196-13, 425196-45, 417196, 547196-26, 718/96-28, 718/96-27.
7.1.37.1. On 9 September 1992, on the road from Rudo
to Brodari, near the confluence of the Lim and the Drina rivers, in
Rudo municipality, Muslim soldiers opened fire on a Rudo Medical
Centre ambulance, knowing that it could only contain Serbs, and
fatally wounded:
1. Dr Stojana Jojovic (female), who had probably died before she fell
into the hands of the Muslim soldiers.
2. Ljubica Kastratovic (father: Miladin), born 1947, a nurse, was
slightly wounded, captured and later killed by the Muslim soldiers.
The driver and CO-driverrnanaged to escape.
The bodies were exchanged three months later.
This Muslim unit was led by Ahmet Sejdic from Visegrad.
Evidence: 440194-32, 34 and 377.1.38.0. Hrasnica
7.1.38.1. On 22 April 1993, Muslim soldiers executed
in Hrasnica three Serbs:
1. Milo3 Krstic, born 1950;
2. Ranko Varagic, born 1969; and
3. Slavoljub Kapetina, born 1963.
The three Serbs had been imprisoned in the camps for
Serbs in TarEin and then in Krupa before the Muslim soldiers took
them to Hrasnica.
Their bodies were handed over to Bosnian Serbs on 18
June 1993. Autopsy reports showed that al1three had been shot and
hit with bluntobjects before being executed.
Evidence: 1 12195-7
7.1.39.0. Derventa
7.1.39.1. On 9 May 1992, Muslim-Croat forces attacked
the Serb village of Polje near Derventa. They found only old, sick or
wounded people there and executed al1of them:
1. Djordje Banovic (father: Gligor);
2. Danica Bogdanovic (father: Obrad);
3. Milenko MiloSevic (father: Nedeljko);
4. Zoran Milojevic;
5. Vid Vasic (father: Ignja), born 1920;
6. Rajko JoviEic (father: Krsto);
7. DuSan Banovic (father: Vid);
8. Pero Micic (father: Risto);
9. Mirko cureic (father: Obrad);
10.Boro zivkovic (father: DuSan); and
11. Gospava Milic (female, father: Pavle), born 1916. Posf mortems after the exhumation of their bodies showed
that the skulls of eight had been crushed causing fatal brain
destruction.
These murders were committed by the 109th Muslim- Croat
Brigade.
Evidence: 249195.
7.1.39.2. On 30 April 1992, Croat units entered the village of
Kulina near Derventa and killed:
1. Vasilije Patkovic (father: Simo), born 1922 in Kulina.
Patkovic was slaughtered on his doorstep. Vasilije had only one leg
and was alone at home when the Croat soldiers came to the village.
His neighbours buried him in the yard. The investigating judge of the
District Court in Derventa exhumed his body on 10 September 1993,
and Dr Ljubomir Curkic performed a post-mortem, which showed that
he had a 7 by 9 cm wound in the back of his skull.
Perpetrators: Dus Padaivan, police chief in Derventa, and Iko Stanic,
chairman of the HDZ branch in Derventa.
Evidence: 438194-4,584194-21 .
7.1.39.3. In April 1992, uniformed persons killed the Serb:
1. Mladen Grabovac, born 1938.
Grabovac was taken from the surgical ward of Derventa hospital and
later with his throat slit in the Muslim cemetery in Derventa.
found
Evidence: 584194-29.
7.1.39.4. On 26 April 1992, Croat and Muslim HOS soldiers
attacked the mainly Serb ~ardak suburb of Derventa and captured
the witness and Milojko Popovic. They were ordered them to stand
against a wall, and one of the Croat soldiers then fired a burst from
an automatic rifle and killed: 1. Milojko Popovic (father: Drago), born 1955 in Carani
in Derventa municipality.
They then kicked and punched the witness until one of
theirofficers told them that a corporal called Damir had been killed
nearby and ordered them to take the witness to where the fighting
was. They made the witness retrieve the body of the dead Croat
soldier from the space between Croat and Serb lines.
They then beat the witness again and took him to the
village of Polje, where there were 11 other arrested Serbs. They were
al1told they would be shot and lined up before a mock firing squad.
2. Gavro Petkovic, a teacher born in the village of
Kalenderovci who lived in Derventa, tried to escape, which gave the
HOS soldiers the opportunity to shoot him in the back and kill him.
Evidence: 438194-11 and 438194-1 9.
7.1.39.5. In May and June 1992 Serbs imprisoned in a
camp in Rabic near Derventa were taken to dig trenches for
Croat-Muslim forces. From a group of 15 prisoners, about half
managed to escape, including K. from Derventa and P. Those who
did not manage to escape were immediately killed at a place called
Spomenik:
1. Milorad Gunjevié from Derventa, who worked in the "Unis" pipe
factory;
2. Miro Joviëic (father: Petar), aged 23, from Kulina near Derventa;
3. Nenad Panzalovic from Donja Cerina;
4. Rade Bikur; and his son
5. reljko Bikur; and
6. Savo Pavlovic frorn ~ardak in Derventa, born 1956.
Among the perpetrators, Nihad Hamzic, aka "Fritz" or the "camp
commander". has been identified.
Evidence: 438194-4, 5, 6, 13, 20, 23, 27, 584194-8, 6,
34 and 55195-39.
(Annex No. C 128 svedoCenje M.P.1testemony M.P.,
pp. CI311-13141~1315-~1319)
577 7.1.39.6. In June 1992, lvica Lipovac, aka "Damir",
commander of the camp in Poljare near Derventa, entered a room in
which Serb prisoners were held and asked: "Who was it that wanted
to escape?" Everybody was silent. He then fired a machine gun burst
into the ceiling and ordered al1 the inmates to go out and line up.
From the line he singled out:
1. Boris Stjepanovic, born 10 February 1932 in Srebrenik, who lived
in Zagreb, placed him against a wire fence, and killed him with a
burst from an automatic rifle. He showed Stjepanovic's dead body to
the inmates he had lined up for the purpose and told them that he
was the one who had killed him. Then he singled out:
2. Boro Markovic (father: Stevo), aged 28, from ~eravac in Derventa
municipality, and asked him who had wanted to escape. When
Markovic said he did not know, he ordered him to open his mouth,
put the barre1 of his pistol in it and fired. Stjepanovic and Markovic
were killed in front of al1 the other inmates of the camp of whom
there were between 60 and 80 at the time.
Perpetrator: lvica Lipovac (father:nte), aka "Damir",
born 1969 in Polje in Derventa municipality.
Evidence: 438194-19 and 584194.
7.1.39.7. In late April 1992, Serbs from the ~ardak
suburb of Derventa imprisoned in the former JNA club in Derventa
were tortured and beaten so badly that many of them lost
consciousness. After one such beating:
1. Blagoje DjuraS,who Iived on Kosovskih junaka Street in cardak,
collapsed. The female guard Azra KovaCevic went over to him and
slit his throat with a knife, saying that she was helping him to die.
Other Serb prisoners, especially S. and G., were then made to lick
the blood from DjuraS.
Before that, S. and G. had been made to hold DjuraS up when he
fell down. Azra KovaEevic from Derventa has been identified as
the perpetrator of this crime.
Evidence: 438194-27and 584194-6.
7.1.40.0. Hadiici
7.1.40.1. On 25 May 1992, Muslim soldiers attacked the
hamlet of MiloSevic in Kasatici village in Hadiici municipality and
killed al1the Serbs they found:
1. Dejan MiloSevic, born 1924; his wife
2. Jovanka MiloSevic, born 1929; their son
3. Aca MiloSevic, born 1952; and
4. Srdjan MiloSevic, born 1968, who was blind.
Azemin Sadikovic, who led the soldiers, cul off Srdjan's sexual organ.
5. llija MiloSevic, born 1941; and
6. Goran Todorovic, born 1967, whom Fahrudin Hadiajlic first shot
and then slaughtered.
After killing these six people, the Muslim soldiers looted
and burned their houses.
Evidence: 112195-1.and 718196-6, (Annex No. C 67,
svedoCenje M.M.3ltestemony M.M.3, pp. c691-c694/c695-c698)
7.1.40.2. On 25 May 1993 Muslim soldiers captured
seven Bosnian Serb soldiers, some of whom were wounded, on
Stupnik point on Mt lgman in Hadiici municipality, and brutally killed:
1. Milorad MiEic;
2. Sreten Zimonja;
3. Radenko Marilovic;
4. Goran ~ekerovic;
5. Mihajlo ~aranac;
6. Rade Antonic; and
7. Mladen Golub. The bodies of the dead Serb soldiers were exchanged
on 29 June 1993. An autopsy revealed that none had gunshot
wounds, but ail had fractures of the skull, arms, legs and other
bones.
Evidence: 112195-4and 112195-6.
7.1.40.3. Members of the Army of Bosnia- Herzegovina
systematically shelled the Serb part of Hadiici. The following people
were killed outside the zone of combat:
7.1.40.3.1. On 9 August 1992 a shell exploding in
Crnogorska brigada Street killed:
1. Tankosava Samoukovic; and
2. Nenad Magazin.
A third person, whose name is known to the Cornmittee, was
seriously wounded in the chest, head and left arm.
7.1.40.3.2. On 1 January 1993 at 4.00 p.m., a shell
exploded in Slobodan Princip Street and killed:
1. Gvozden Soldat, aged 14, elementary school pupil
and seriously wounded his father.
7.1.40.3.3. On 14 January 1993, a shell exploded in
Slobodan Princip street and killed:
1. Vlado PuSara.
The shell came through the window of the dining room where he was
sitting.
7.1.40.3.4. On 13 April 1993, the following children were
killed in thesame street while playing in front of their home:
1. StaSa Samardiic, aged 14; and
2. Srdjan ~uia, aged 12.
580 Evidence for 1 to 4: 112/95-8.
7.1.40.4. On 29 June 1994 a Muslim sniper from
Dobrinja killed:
1. Radojka Elez (female, father: Jovan),
who was shot while she was on the balcony of her flat at 22 llija
Smiljanic Street in llidia and died instantly.
Evidence: 296195-1 3.
7.1.40.5. On 8 August 1994, a projectile fired from
Muslim positions at a bus travelling fromHadiici to llidia killed:
1. Tanja Gagic, a dentist from llidia,
and slightly wounded another person.
Evidence: 296195-14.
7.1.41.O.Bihac
Statements of witnesses suggest that the living
conditions of Serbs in Bihac began to change for the worse in the
autumn of 1990, when the Muslim SDA party won the multiparty
elections in that area. Serbs began to be removed from almost al1
important jobs, not only in political but also in economic life. In their
everyday life also, Serbs had increasingly frequent unpleasant
experiences. They were called "Chetniks" and asked why they had
not moved from Bihac, because it was not their town, and so on.
In the summer of 1991, pressure on the Serbs
increased when HDZ and HOS members appeared in Bihac and
began illegal military training of Muslims.
Serbs were prevented in various ways from pursuing
any kind of business activity. They were denied licences to open
581firms, were prevented from renting business premises, and in some
cases the windows of Serb shops were smashed.
The well-known Garavica World War Two memorial
complex, in which 12,000 Serbs from the Bihac region were buried,
was systematically vandalised by Muslims. Al1valuable items from this
complex were stolen and engraved marble plaques were destroyed.
On account of al1this, the Serb population in BihaC felt
increasing pressure and began to move out in large numbers. Al1
vacated Serb flats and houses in Bihac and the surrounding area
were looted and many were demolished.
Evidence: 333195-33
7.1.41.1. Many Serb civilians were killed in Bihac
between 1992 and 1994. Details are available for the following:
1. Anka Beslac from the village of Bosanski Doljani,
Municipality ofBihaC,aged between 65 and 70,
killed in herhouse in late October, 1994.
(witnesses 61197-15, 61197-1 6, 61197-18)
2. Nedjo (or Mirko) Borjan, gas station worker in RipaC,
born in the village of Hrgar, Municipality of Bihac, killed
in the spring of 1992.
(witnesses 61197-8,and 61197-1 6)
3. Stana Budisavljevic, aged 64, was killed in August,
1994. in her house in Jezero Street and her flat
was plundered. (witness 333195-33).
4. LjubiSa Vujinovié,from the village of RaCic,
Municipality of Bihac, aged around 80, whose body
was found cut up (witnesses 61/97-15, 61/97-16)
5. Milka Gajic, from the village of RaCic, Municipality
of Bihac, aged around 80.
(witnesses 61197-15, 61197-16) 6. Bosiljka Gogic, from the village of RaEic,
Municipality of Bihac, wife of Marko Gogic, aged
around 65, whose body has not been found
(witnesses 61197-15,, 61197-16)
7. Marko Gogic, a pensioner, from the village of RaEic,
Municipality of Bihac, born in ~elije, in 1923. Killed
in prison Luke in Bihac. His body was exchanged on
1 December 1994, when it was recorded that he
had a stab wound in the area around the heart.
(evidence: 413195and 520195;witnesses 61197-15,
61197-16).
8. Danica Grbic, from the village od RaEic,
Municipality of Bihac, aged around 70; daughter of
Mihajlo Grubor, wife of Jovo Grbic, killed in the
village of Doljani. (witnesses61197-15, 61197-16,
61197-1 8)
9. Jovo Grbic, from the village of RaCic,Municipality
of Bihac, aged around 80, whose body has not been
found (witnesses: 61197-15, 61197-16, 61197-18)
10. DuSan Grubor, from the village of RaÇic, Municipality of
Bihac, prisoner of the Muslim camp where he had been
beaten up repeatedly. He died of injuries after he had
been set free (witnesses 61197-15, 61197-16, 61197-18)
11. Petar Kasapovic, had been caught by the Muslim
army soldiers on the night 819 1992, after his ambulance
had strayed into the village of~ekrlije, Municipality of
Bihac. He was lying, seriously wounded in the Bihac
hospital from where he was taken by the soldiers of the
Muslim "Crna legija ("Black Legion") unit in an unknown
direction. His body was exchanged on 19 December
1992, in Petrovo Selo. Petar's wife then noticed he
had a perforating gunshot wound in his thigh, his
ears and nose were cut off, his teeth had been
knocked out and his jaw broken (witness 105196).
12. Boja Kenjalo, from the village of RaEic, Municipality
583 of Bihac, aged around 106. She was taken to the
jail of Luke in Bihac on 26 October 1994, where
she was killed (evidence: 413195 and 520195;
witnesses 61197-15, 61197-16)
13. Djuja Kenjalo (f), from the village of RaEic,
Municipality of Bihac, aged around 80 (witnesses
61/97-15, 61/97-16, 61197-18).
14. Djuro Kenjalo, an ex-policeman, from the villageof
RaEic, Municipality of Bihac, born around 1940, son
of Mihajlo, killed upon capturing. They pulled his
heart out and left him spread-eagled on a tree
. (witnesses 61197-8, 61197-15, 61197-16, 61197-18)
15. Mihajlo Kenjalo, a pensioner, from the villageof
RaEic, Municipality of Bihac, born in RaEic near
Bihac, in 1912 (1914). Killed in the jail of Luke in
Bihac. His body was exchanged on 1 December
1994 and it was recorded then that his right leg
had been cut off. (evidence: 413195 and 520195;
61/97-15, 61197-16, 61197-18)
16. Rade Kenjalo from RaCic,Municipality of Bihac, aged
around 80 (witnesses 61197-15, 61197-1 6)
17. Dragan Kneievic, from the village of RaEic,
Municipality of Bihac, aged around 70, whose body
had been cut up (witnesses 61197-15, 61197-16).
18. Djuja Kneievic, from the village of RaEic,
Municipality of Bihac, born in 1930; daughter of
Steva, wife of killed Stojan Kneievic. She was found
hanged from a willow tree by the river of Una
(witnesses 61197-15, 61/97-16).
19. Stevo Kneievic, born in PaluEica,in 1938,
Municipality of Drvar; son of Djukan and Andja,
(maiden name Tadic), reservist in the Army of the
Republic of Srpska. He had been captured on the Bihac front in the area of Grabei, on 11 November
1992, by the soldiers of the Muslim Army. After that
he disappeared without a trace (witness 195197-41).
20. Stojan Kneievic, from the village of RaCic,
Municipality of Bihac, born in 1930. His throat was
slit and his body thrown into a canal (witnesses
61/97-15, 61/97-16).
21. Milan KovaCevic,from the village of RaCic,
Municipality of Bihac, aged around 60 (witnesses
61197-15, 61197-16).
22. llinka Labus, from the village of RaCic (Doljani),
Municipality of Bihac, aged between 65-70, she had
been slaughtered in her house in October 1994. Her
body was found mutilated (witnesses 61197-8,
61/97-15, 61/97-16, 61197-18).
23. Djuro Milisavljevic, from the village of RaCic,
Municipality of Bihac, aged around 80 (witnesses
61197-15, 61/97-16).
24. Mina Pilipovic, aged around 45, worker of the
Kombiteks textile factory, killed and mutilated in
November 1992 in a Bihaésuburb. Her body
was found in the street. (witness 333195-33).
25. Jovo Radakovic, born in 1934. He had been beaten
up several times in the jail of Luke in Bihac. He
could not eat or drink for fifteen days, due to the
injuries he had suffered. He had been lying half-
conscious in the corner of his prison cell al1the time. He
was later transferred from the district jail in Bih-cLuke
- to Bihac hospital where he later died (evidence 759195).
26. Milo5 Stanic, employed in the meteorological station
in Bihac, killed in his flat, on 30 August 1994.
(witness 333195-33) 27. Mirko ~azic, a teacher, a respected Serb from
Bihac, killed on the bridge in Bihac, on 15 October 15,
1994 (witness 333195-33)
28. Sveto amb be r,m Sanski Most, died in the prison
camp in the "27. Juli" barracks in Bihac, in late
1995 (witness 61197-32).
29-30. Two unknown Serbianwomen, killed in the
residence area of Jasike, near Bihac(witness
333195-33).
Whose responsible for these crimes are soldiers of the 5th
Corps of the Army of B-H, and in particular: Husein ~ar~anovic,
commander of the 505th Buzim brigade and soldiers of this brigade,
Dedic, a Muslim, camp warden at the district jail in Bihac-Luke
(evidence: 795195), Fadil Mujic, a jailer, he was a salesman before
the war and was especially brutal to prisoners in the camp in the
district prison of Bihac- Luke (evidence 759/95), Hamdo Remic, aged
around 30, head warden in the camp beionging to the district jail in
Bihac -Luke (evidence (759195),Josim ant tic,ormer JNA captain, a
Croat, head of security in Bihac, responsible for the killings of the
Serbs in the camp of the district jail in Bihac - Luke (evidence:
759195).
Evidence: 333195-33, 413195, 520195, 759195,61197-8,
61197-15, 61197-16, 61 197-18, 61197-32, 195197-41.
7.1.42.0. Vlasenica
7.1.42.1. On 15 August 1992 Muslim forces stationed at
Cerska launched a surprise attack on the village of sadici in
Vlasenica municipality and killed the following Serbs:
1. Drago MiSic,aged 58;
2. Milivoje MiSic (father: Drago), born 1966;
3. Mico MiSic,born 1957;
4. Peja MiSic (female), born 1958;
5. Gojko Vukovic, born 1962;
586 6. Jovanka MiSic (female), aged about 66;
7. Tomislav MiSic, born 1964;
8. Sreten Tomic, aged about 32;
9. Miroslav Kevic, aged about 30;
10. Milan Lazarevic, born 1952; and
11. Radojka MiSic, aged about 65.
Most of the victims were mutilated. For example, Peja
MiSic had crosses carved on her breasts and her vagina had been
cut with a knife. Most of the houses and other buildings in the village
were looted and burned down.
The attack on abi icias led by Becir Mekanjic, former
mayor of Vlasenica, and Alija Baltic from Cerska was among the ring
leaders.
Evidence: 184195-24, 184/95-25 and 184195-26 (Peja's
child) and 184195-27.
7.1.42.2. On 23 June, 1992, Muslim forces stationed at
Cerska attacked the village of Jasikovica in Vlasenica municipality and
killed:
1. Savo BaEic from Vlasenica; and
2. Brana Vidovic, from Cikote.
They then looted and burned the village.
The attack on abi icwias organised by Becir Mekanjic,
former mayor of Vlasenica, and Alija Baltic from Cerska took part in
the crimes.
Evidence: 184195-27and 184195-28.
7.1.42.3. On 13 August 1992 Muslim forces stationed at
Cerska attacked the village of KljeStani in Vlasenica municipality and
killed:
1. Radovan KljeStan;
2. Bogdan KljeStan;
3. Vojin KljeStan; and his wife4. Grozda KljeStan.
These murders were committed by Alija Torlak from the
village of Turalici and other Muslim soldiers.
Evidence: 184195-29.
7.1.42.4. On 26 September 1992, Muslim forces
stationed at Cerska attacked the village of Rogosije in Vlasenica
municipality. When the defenders were forced to withdraw, they
captured and brutally killed the following wounded prisoners:
1. Mirko Prodanovic;
2. Milan StaniSic;
3. Nedjo StaniSic;
4. Ljubomir JuroSevic;
5. Zoran Ravnjakovic from Donji Zalukovik;
6. Dragoljub Deuric;
7. Milo Prodanovic;
8. ~arko Prodanovic;
9. Bora TeSic;
10. Dragomir Jacimovic from Vlasenica;
11. cedomir DoSic;
12. Milovan KovaCevic;
13. Luka Majstorovic;
14. BoSko Dragic;
15. DuSan Djuric;
16. Dimitrije Alempic from Vlasenica;
17. Velo Majstorovic;
18. Mica Mitrovic;
19. Rajko Rebic;
20. Milan Mijic;
21. Radenko Sekulic from Sekulici;
22. Goran Pejinovic;
23. Jadranko ~evku~ic;
24. Aleksandar Drakulic from Vlasenica;
25. Milan VujiCic;
26. Tomislav TeSic;
27. Milan Sekulic; and
28. Nenad StaniSic. Evidence: 184195-19, 184195-20, 184195-22, 184194-23
and 440194-31,and report by forensic expert Dr Zoran Stankovic.
This event is referred to in the Third Submission of the
US Government of 10 November 1992, which states that an American
free-lance writer reported that he had seen bodies of massacred and
tortured Serbs displayed in the Serbian Orthodox Church. "Some of
the bodies were charred, others had the fingers of the right hand,
with which the Orthodox cross themselves, cut off, some were
circumcised as the ultimate humiliation, the eyes of some had been
gouged out, al1 had stab wounds and their heads were smashed
beyond recognition, arms and legs were broken or cut off."
The Muslim forces were commanded by Becir Mekanjic,
formerly mayor of Vlasenica, and Amir ~iljkovic took part in killing the
wounded defenders.
7.1.43.0. Pazaric
7.1.43.1. On 15 August 1992 the female witness
412194-10 was in her house in Ferhatlije near Pazaric together with
her father-in-law, mother-in-law and her two young children. Their
neighbour Seid Mehmedic and a group of Muslim "Blackshirts" from
Jablanica came and drove them out of the house. One, called Zlatko,
brandished a whip with knotted leather straps. He took out a knife
and threatened them, saying he liked most of al1 to slaughter little
children in front of their mothers.
The witness sought help from Muslim policemen Fadil
lsic and Nevzet Kazovic from Pazaric, but they advised her to move
out. She fled to her neighbour's house.
On 8 September at about 9 p.m., five people, four in
uniforms and one in civilian clothes, broke down the neighbour's door,
beat the neighbour's wife and took a wedding ring from another
woman who was in the house. They sought money and jewellery and
threatened to kill everyone. Seid Mehmedic kept coming to the house and
threatening to kill everyone. He also encouraged Muslim women,
children and old men to throw Stones at the witness and cal1 her a
"Chetnik". On one such occasion she was saved by passers-by, but
soon after that Seid and his son Fikret Mehmedic burned down the
witness's house. She fled with her children to another house. The
"Blackshirts" came to that house too. One called lsmet threatened to
kill her and her children.
1. Joka Bratic (female)
was forcibly taken from the village to Pazaric and held there for four
to five days. She was hysterical when she returned and was found a
few days later hanged in the garage. It has not been established
whether she committed suicide or was murdered.
The witness states that in September unidentified
Muslim soldiers cut the throat of:
2. ~piro Bratic.
Following this, the witness left Ferhatlije on 28 October
1992 and is now a refugee.
The following perpetrators have been identified: Seid
Mehmedic (father: Bajro), aged about 55, Fikret Mehmedic (father:
Seid), aged about 30, Zlatko, surname unknown, a "Blackshirt", and
Ismet, surname unknown.
Evidence: 412194-1 0.
7.1.44.0. Trnovo
7.1.44.1. On 31 May 1992, Croat and Muslim soldiers
led by Ethem Godinjak, Meho Terzo and Merim Bratic came in lorries
and other vehicles to TrebeCaj village in Trnovo municipality. On the
pretext of looking for arms and radio transmitters, they searched the
houses of Serb families E., V., K. and V. They beat, maltreated andhumiliated the old men and women they found. They beat them with
rifle butts, pistols, sticks and kicked them.
They stripped the K. brothers and made them run
through the village shouting "Long live Tudjman". Many Serbs fled the
village that night out of fear, but 11 old and sick people remained in
TrebeCaj and the hamlets of Desetci and Milje. From 5 to 16 June
1992, al1 these people were killed in their homes or the surrounding
woods:
1. Zorka Kneievic (female), born 1915, in Ruljici village, bed-ridden,
was strangled on 5 June in her house and buried in a shallow grave
near by. A post-mortem was conducted after exhumation of her body
on 4 August.
2. Nikola Kneievic (father: Jovan), born 1916 in TrebeEaj; and his
wife
3. Milka Kneievic (father: Todor), born 1922, were killed and thrown
into a pit near their home, where they were discovered on 4 August.
4. Milo5 VlaSki (father: DuSan), born 1925, was killed near the village
where he had tried to hide. His partly burned body was found and
identifiedon 2 August.
5. His wife Rista VlaSki, born 1934, was killed on 14 June by Muslim
soldiers led by Hamdo Ramic and her body was found on 2 August.
An on-the-spot post-mortem showed that her skull had been smashed
with a blunt object.
6. Desanka VlaSki (female, father: Spasoje), born 1909 in Music, was
killed between 5 and 14 July in the village, and her body was found
on 2 August. Her skull had been smashed with a blunt object.
7. Stana Elez (female, father: Petar), born 1900 in ToSici, bed-ridden,
was shot in the mouth in her home on 5 July. Her body was seen
the next day on a couch in the house of Savko Elez, and was later
found in a lime pit near her house. On 5 June 1992, Muslim and Croat soldiers also
attacked the neighbouring Serb hamlets of Desetci and Milje and
killed:
8. Ljeposava Vitkovic (female), born 1921, from Trebeeaj;
'6.Draginja Vitkovic (female), born 1922 in Ledici, living in Desetci;
10. Cvija Vitkovic, born 1924 in Djurovo, living in from Desetci;
Their bodies were found partly burned in their homes.
11. BoriSa lvanovic (father: Aleksa), born 1912 in Milje, was killed and
burned up on 15 June. His bones were found on 28 June in a plastic
bag buried in a shallow grave in the family burial plot in Milje. A
post-mortem revealed that his upper left arm had been broken in two
places.
The following perpetrators have been identified:Ethem
Godnjak, aka "Evo" (father: Ibrahim), born 20 November 1951,
Muslim chief of public security in Trnovo, who was awarded the
"Golden Lily"order for this crime; Meho Terzo (father: Meho), born 1
January 1945, retired policeman; Merim Bratic, HOS member; Amdo
Ramic (father: Mustafa), born 24 August 1957; Medaris ~aric, aged
about 35, from Herzegovina, former JNA officer, commander of
Trnovo-Hadiici Battalion and later commander of the so-called
Headquarters of Trnovo Armed Forces.
Evidence: 228194.
7.1.44.2. On 3 June, 1992 at about 7 p.m., Muslim and
Croat soldiers led by Ethem Godinjak, including the woman lsmeta
Kolar, attacked the Serb village of Ledici in Trnovo municipality. The
attack lasted al1 night and the next day Muslim and Croat soldiers
killed their prisoner:
1. Nenad Vasic (father: Ostoja), born 1931, in Ledici, at a spot near
the villagecalled Banj Potok.
2. His wife Mara Vasic, born 1930, was killed on the same day in the
nearby Muslim village of Dejnici. A group of 21 villagers fled from Ledici towards
Kalinovik, but Muslim and Croat soldiers attacked them on 6 June
near PloEa on the road to Ljuta, on the western side of Mt
Treskavica. Twelve villagers were caught in the attack and killed on
the spot.
Following is a list of the murdered victims:
3. Milenko TeSanovic (father: Milivoje), born 1960 in Ledici; and his
wife
4. Nevenka TeSanovic, born 1963 in FoCa;
5. Rade TeSanovic (father: Milivoje), born 1964 in Ledici; his wife
6. Vinka TeSanovic (father: Kreman), born 1965 in Miljevina; and
their infant son
7. Milan TeSanovic, born 1991,
8. Milorad TeSanovic (father: Drago), born 1956 in Ledici; and his ,.*
daughter
9. Danijela TeSanovic, born 1980 in Ledici;
10. Radojka Vasic (female, father: MiloS), born 1954;
11. Slavojka Vasic (female, father: MiloS), born 1964 in Ledici:
12. Sladjana Sekulic (father: Veljo), born 1979 in Sarajevo.
The only survivor of the massacre was Dragan Vasic, an eleven-year
old boy who was wounded but remained lying among the bodies
pretending he was dead.
The Muslims of the villages of abi icand Raketnica are suspected of
having committed this crime. The suspects include: brothers Mehmed,
Salem and Hasim Kadijic, as well as brothers Izet, Ejub and Ismet
Delic.
Several hours before this massacre, in Poljice, Muslim and Croat
soldiers caught
13. Savo Kenic (father: Ljuba), born 1933 in Ledici,
He is presumed to have been killed that same day.
Only 13 old men and women remained in Ledici after 8 June, and
they were soon killed or arrested by Muslim and Croat soldiers. The
following were killed:
59314. Rade MijovEic (father: Aleksa), born 1922 in Ledici, whose body
was found near Sitnica on 7 August and a post mortem established
that he had been decapitated;
15. Savka Vasic (female, father: Nikola), born 1914 in Kijevo, was
slaughtered on her doorstep and buried in the yard near the septic
tank. Only bones with some connecting tissue and pieces of clothing
were found on 7 August, indicating that the body had not been buried
for days and had been mauled by animals. There was no skull,
indicating that she had been decapitated;
On 18 or 19 June Muslim and Croat soldiers arrested
the last five inhabitants of Ledici, took them in the direction of
Treskavica, killed them at a turning called "LediCka Krivina" on the
macadam road between Trnovo-Raketnica, and threw their bodies
about 15 meters away from the road. Their headless skeletons were
found lying on the ground with a few pieces of clothing. One skull
was without jaw, another had been smashed to pieces and three
were missing. The following victims were identified:
16. Tankosava MijovCic (female, father: Jovica), born 1992 in MoCevic;
17. Ljubica Vasic (female, father: Djura) born 1908 in Tosici;
18. lkonija Vasic (female, father: Lazar), born 1910 in Bijelimici;
19. Zoran Vasic (father: Jovan), born 1919 in Raovici; and
20. Milka Vasic (female, father: Danilo), born 1936.
The following perpetrators were identified: Ethem
Godinjak, aka "Edo" (father Ibrahim), born 20 November 1951; lsmeta
Kolar, aka "Nevenka" (female, father: Bajro), born on 5 March 1962
in Jablanica in Trnovo municipality; Mehmed Kadic (father: Duran),
born 22 June 1955 in Raketnica village in Trnovo municipality, before
the war a worker in "Sumarstvo" enterprise in Trnovo; Salem Kadic
(father: Duran), born 18 October 1960 in Raketnica in Trnovo
municipality;lzet Velié (father: Adem), born 10 September 1966 in
Raketnica in Trnovo municipality; Ejub Velic (father: Adem), born 2
October 1954 in Raketnica in Trnovo municipality, clerk; and lsmet
Velic (father: Adem), born 15 May 1962 in Raketnica in Trnovo
municipality.
Evidence: 228194-30and 281196-1 0.
594 7.1.44.3. Between 6 and 12 June 1992, Muslim and
Croat soldiers commanded by Meho Terzo raided the Serb village of
Lisovic in Trnovo municipality and killed the four old people they
found:
1. Marko Ivanovic (father: Milan) Ivanovic, born 1931 in Lisovic,
pensioner, whose decapitated body with several stab wounds was
found lying on the ground.
2. Simo lvanovic (father: Manojlo), born 1925 in Lisovic, pensioner,
whose body with some pieces of clothing was found on 18
September in ~umurnica;
3. his wife Cvijeta Ivanovic (father: Aleksa), born 1923 in Ulobic,
whose body was found on 19 September near the village forest; and
4. Danilo lvanovic (father: BlaSko), born 1925, pensioner, whose body
was found on 20 September in PodkrS;
The Muslim and Croat soldiers then looted and burned
down 15 homes of the lvanovic family.
Meho Terzo (father: Meho), born 1 January 1945 in
PendiCici in Trnovo municipality, a retired policeman who lived in
Trnovo, was identified as one of the perpetrators.
Evidence:228194-26and 128197-2.
7.1.44.4. Early in the morning of 7 July 1992, Muslim
and Croat soldiers from StrajiniSte on Mt Igman, commanded by
Ethem Godinjak and Hajrudin Ploskic, attacked the unprotected Serb
villages of Donja Presjenica and Gornja Presjenica. Among the
attackers, lsmeta Kolar, Adem ~ukurovic, Salem Ploskic, Zahid
Omerbegovic, Junuz Omerbegovic, Fehim Sarajkic, Munib Sdemovic,
Hajrudin Elezovic, Zaim Kolar, ~efik Karic, ~efik Karic, Hamdo Karic
and Redio Kolar were recognised.
They rounded up about 30 Serbs from Gornja
Presjenica,rnostly women, children and old people, and shut them upin the house of Ramiz Ploskic, where Ethem Godinjak threatened to
kill them.
Between 7 and 10 July 1992, in Gornja and Donja
Presjenica and in StrajiSta, Muslim and Croat soldiers killed 14 Serb
civilians, predominantly elderly men and women, 8 of which were
burned up in their homes after they were killed. The victims were:
1. Janko Popovic (father: Bogdan), born 1913 in Gornja Presjenica,
was butchered on 7 July and his decapitated body was found on 3
August.
2. Mirko ~ehovac (father: Danilo), born 1926 in Gornja Presjenica, a
bed-ridden disabled person, and his wife
3. Tankosava ~ehovac, born 1924, were butchered in their house on
7 July.
Two days later, Muslim soldiers burned al1 the
remaining Serb houses in the village, including the house with the
bodies of the ~ehovac couple in it. Remains of their bones were
found in the ashes of the house on 2 August. Evidence gathered so
far indicates that they were killed by Adem ~ukurovic and lsmeta
Kolar.
4. Kosta ~ehovac (father: Gligor), born 1906 in Presjenica; and his
wife
5. Jovanka ~ehovac (father: Boia), born 1909, were shot in front of
their house on the same day. Their bodies were exhumed on 3
October 1993.
Evidence gathered so far indicates that they were shot
by Junuz Omerbegovic.
6. Savka Ljuboje (female), born 1908, was killed on 7 July in the
hamlet of Gornje Selo;7. Mirko KravljaCa (father: Ilija), born 1908 in StrajiSta, was
butchered in his house on 7 July. Neighbours saw his body when
they fled the village, but it has not been found.
8. His wife, Kosa KravljaCa, born 1926, was also butchered on 7 July
near their house in StrajiSte.
All Serb houses were looted and burned.
Also on 7 July 1992, Muslim soldiers attacked Donja
Presjenica and the hamlet of MoSici. They found six old men and
women in the houses of the Cvijetic family. They promised not to
harm them and gave them some kind of quasi-official documents.
Two days later they slit their throats.
On 10 July, the witness returned from the nearby
woods where he had been hiding and found the bodies of six of his
relatives and neighbours who had been butchered in their houses on
9 and 10 July 1992:
9. DuSan Cvijetic (father: Veljko), born 1933 in Donja Presjenica; and
his wife,
10. Zora Cvijetic, born 1933 in the village of Krupac, were found
butchered in the living room of theirhouse;
11. Milo5 Cvijetic (father: Boia), born 1909 in Donja Presjenica; his
son,
12. Vinko (father: MiloS) Cvijetic, born 1933 in Donja Presjenica; and
Vinko's wife
13. Dragica Cvijetic, born 1932 in the village of UnCani, were al1
found butchered in the living room of their home;
14. Dragica Cvijetic, born 1912 in the village ofUnCani, wife of Kosta
Cvijetic, who was butchered in her house.
Several days later, Muslim soldiers came back to the
village and burned houses and outbuildings belonging to the Cvijeticfamily. The bodies of al1 the family were burned except for that of
DuSan, which was found buried near his house.
His grave was marked with a makeshiit cross made of
boards stuck into the ground. lnvestigators found only some charred
bones of other members of the Cvijetic family.
Among the perpetrators, the following have been
identified: Ethem Godinjak, aka "Edo" (father: Ibrahim), born 20
November 1951 in Sarajevo, Muslim, before the war chief of public
security in Trnovo; Hajrudin Ploskic, aka "Lelo" (father: Ramiz), born 5
January 1961 in Donja Presjenica; lsmeta Kolar, aka "Nevenka"
(female, father: Bajro), born 5 March 1962 in Jablanica in Trnovo
municipality; Adem ~ukurovic, aka "~ukur" (father: Ramiz), born 24
November 1966 in Jablanica in Trnovo municipality; Salem Ploskic;
Zahid Omerbegovic; Junuz Omerbegovic, aka "Juka" (father: Vejsil),
born 1 May 1952 in Presjenica in Trnovo municipality, metal worker;
Fehim Sarajkic (father: Mustafa), born 22 September 1950 in
Presjenica in Trnovo municipality, before the war boiter man in "4
April" elementary school in Trnovo; Munib Ademovic (father: Zejmil),
born 1 February 1949 in Ostojici in Trnovo municipality; Hajrudin
Elezovic; Zaim Kolar (father: Zajnil), commander of the so-called
"Kijevo detachment"; Sefik Karic, aka "se3ko" (father: Esad), born 26
April 1963 in Kijevo in Trnovo municipality; Hamdo Karic, aka "Hamo"
(father: Mustafa), born 22 July 1962 in Kijevo in Trnovo municipality,
before the war Territorial Defence chief in Trnovo; Redio Kolar
(father: Hamid), born January 1967 in Jablanica in Trnovo
municipality, forester.
Evidence: 206197-4,281196-10, 228194-15,20 and 21.
7.1.44.5. On 30 July 1992 Muslim and Croat soldiers
attacked Serb defence at ~kripov Gaj near Trnovo, captured and
killed the following Bosnian Serb soldiers:
1. Darko Pareianin (father: Nedjo);
2. Spasoje Popovic (father: Svetozar); and
3. Radovan TrgovCevic (father: Jova).
All were tortured before being killed. Darko Pareianin
was decapitated, his front teeth and jaw had been smashed and
598there was a 2.5 x 1.5 cm gunshot wound on the left temple,
indicating that he had been shot while sitting or lying down. Spasoje
Popovic's skull was not found. The body of Radovan TrgovCevic was
found upside down in a shallow trench.
Evidence: 228194-32.
7.1.44.6. On 12 November 1992, in Kucin in Trnovo
municipality Muslim and Croat soldiers captured and killed the
Bosnian Serb soldier:
1. Pero Vitkovic, born 1950 in Trnovo,a private transport contractor.
His body was found on 18 September 1993 near Rajski
Do hotel, about 5 kilometres from where he was captured. His legs
were tied with a metal cable about 6-7 meters long and 6 millimetres
thick.
The other end of the cable was tied to a board about
80 cm long and six to eight thick. Many of the bones were broken,
the skull was smashed and his clothes were torn, indicating that he
had been dragged from Kucin to Rajski Do, most probably tied to a
vehicle.
Ethem Godinjak has been identified as one of the
perpetrators of this crime.
Evidence: 228194 - report and photographs from the
scene of the crime.
7.1.44.7. The persecution and murders of Serb civilians
in Kijevo in Trnovo municipality began at the end of May and
beginning of June 1992.
The Muslim extremists Mehmed Zoltan, Bajro BiCa,
Mujo Konak and Ibro, surname unknown, from Doboj were the ring
leaders inthese killings.
The following Serbs were brutally murdered:
1. DaniloPucar (father: StaniSa), born 1913, whose body was doused
with petrol and burned;
5992. Jovanka Lalovic (female, father: Ilija), born 1914 in Grab village,
was killed in her house in Grab which was then set on fire;
3. Andja Vukomanovic (female, father: Krsta), born 1923, was
butchered early in August 1992;
4. Randjija Vukomanovic (female, father: MaSika), born 1929, was
killed early in July in the house of Nedja TeSanin in the hamlet of
Podtadjelo in Kijevo, and then burned with the house;
5. Drago Vukomanovic (father: Jovo), born 1950 in Kijevo, was killed
and burned in the same house;
6. Rajko Vukajlovic;
7. Sreten Klepic (father: StaniSa), born 1940, pensioner, was killed on
15 November 1992 in Oglavak.
Evidence: 228194-31and 281196-1 0.
7.1.44.8. In late July 1992, Croat-Muslim forces led by
Ethem Godinjak and Medaris ~aric attacked the villages of Kiselica,
BistroEaj, ~irokara and ToSici in Trnovo municipality. They caught
many escaping Serbs at the Rogaj pass, brutally killed many on the
spot and took the rest to Dejtici prison.
The following villagers were killed:
1. Vaso Bjelica (father: Marko), born 1933 in llovica village in Trnovo
municipality, pensioner, bed-ridden; and his wife,
2. Bosa Bjelica (father: Aleksa), born 1927 in ~ureiici, were killed
on 31 July or 1 August in Trnovo;
3. Cvija Orlic (female, father: Ljuba), born 1918 in ToSici in Trnovo
municipality, was killed in Trnovo;
4. Milka llic (father: Luka), born 1910 in RogoSiCiin Pale municipality,
was found hanged in her flat;
5. Stana Vitkovic (nee Obucina), born 1925 in DivCiCi village in
Trnovo municipality, was killed in Trnovo;
6006. Mladjen VlaSki (father: Ljubo), born 1945 in Trnovo, a mental
patient, was killed on 31 July 1992 near ~irokari;
7. Todor Popovic (father: Ljuba), born 1922 in Trnovo, was killed in
Trnovo;
8. Jovo TrgovEevic (father: Sava), born 1928 in ToSici, pensioner, was
killed on 30 July iri his house in ToSici;
9. Danilo MiSovic (father: Djura), born 1914 in ToSici, was killed in
front of hishouse in ToSici;
10. Nedjo Arsenijevic (father: Jovo), born 1911 in ToSici, was shot
dead on 31 July 1992 in front of the weekend cottage of Milan
VlaSki;
11. Pavle TrgovEevic (father: Risto), born 1933 ToSici, paralysed, was
killed in hishouse;
12. Svetozar Popovic (father: Nikola), born 1920 in ToSici, was
hanged near his house;
13. Janja Golijanin (female), lived in ToSici, was killed on 31 July in
front of her house.
Six other elderly people from ToSici were killed on 31
July, and their bodies were burned in a weekend cottage in ~irokari
village:
14. Staka Popovic (female, father: Vojko), born 1919 in Desetci;
15. Andja Lale (female);
16. Jovanka Golijanin (female);
17. Gospava VlaSki (female);
18. Spasoje Golijanin; and
19. Persa Golijanin (female). The following Serbs were also killed:
20. Nikola Golijanin (father: UroS), born 1920 in BistroEaj village in
Trnovo municipality;
21. Pero Golijanin (father: UroS), born 24 August 1924 in BistroEaj;
and his wife,
22. Milka Golijanin (father: Obren), born 1928 in Ledici in Trnovo
municipality, were killed inuEila in late November 1992.
23. Saveta Vitkovic (nee Bozalo), born 1912 in Vlahovlje in Kalinovnik
municipality, was strangled with a cord in her house on 5 or 6
September;
24. Radojka Popovic (nee Regoje), born 1921 in Dobro Polje in
Kalinovik municipality, was shot about 100 meters from the village of
Kiselica where she lived;
25. Janja Mojevic (nee Radovic), born 1902, was killed on 31 July in
the house of Rade Bjelica, where she had fled.
26. Mitra Timotije (female, father: Nikola), born 1908 in Precani, lived
in Barica; killed with Janja, with whom she was trying to escape, on
31 July.
27. Milan VlaSki (father: Mladjen), born 1922 in ToSici, was killed on
30 July on Rogoj pass;
28. Milan Aksentic (father: Djordje), born 1908 in Trnovo, pensioner,
was killed on 21 July or 3 August, on Rogoj pass;
29. Drago Golijanin (father: Ilija), born 1906 in Trnovo, pensioner, was
killed on 31 July, on Rogoj pass;
30. Cvijeta Elez (female, father: Sima), born 1920 in Zagor in Trnovo
municipality, lived inTrebeEaj; was killed on 31 July, on Rogoj pass;
31. Pero Elez (father: Milan), born 1920 in Trebeèaj, Trnovo,
pensioner, was killed on 31 July, on Rogoj pass;
60232. Mirjana Golijanin (nee Kreleta), born 1935 in Rijeka in Trnovo
municipality, wife of Pero Golijanin, was killed on Rogoj pass on 30
July 1992; and
33. Danilo Jokic, born 1935 in ~irokari, Trnovo, was killed on Rogoj
pass, on 30 July 1992.
Evidence: 228194-23and 25. (Annex No C 160, Photo
39)
7.1.44.9. On 30 July 1992, on Rogaj pass in Trnovo
municipality Muslim armed forces commanded by Edhem Godinjak
from the village of GodiBnje clashed with a group of Bosnian Serb
soldiers. Realising that they were surrounded and heavily
outnumbered, the 16 Serb soldiers surrendered. The Muslims
immediately killed two wounded soldiers:
1. llija ViSnjevac (father: Petar), who was wounded in both legs; and
2. Gojko Badnjar, who was wounded in the left arm.
Muslim soldier Edih Sacic, aka "Dino", shot ViSnjevac and
killed Badnjar by striking him on top of the head with an axe.
On the same day, members of the same Muslim unit fired
at a clearly marked ambulance and killed:
3. Todo ViSnjevac, the driver;
4. Stana Vujicic, nurse; and
5. Milan Mandic, a wounded man.
Evidence: 228194(Annex No C 160, Photo 40)
7.1.45.0. Sokolac
7.1.45.1. On 7 June 1993, at about 5.30 p.m. Muslim
soldiers attacked the village of Poratak in Sokolac municipality and
killed the following Serbs:
6031. Branko Grujic (father: Mirko), born 1931;
2. llinka Lukic (female, father: DuSan), born 1942; and
3. Zorka Lukic (female, father:Ilija), born 1907.
Grujic had been stabbed in the chest, and the two
women had smashed skulls.
The Muslim soldiers then set fire to the hay with hand
grenade launchers and burned the houses and other buildings of
Simeon, Boia and Aleksa Grujic.
This crime was committed by Sifat Salan (father:
Hamda), born 1953, Mirsad Hamzic (father: Rama), born 1951, and
Hajrudin Abaz (father: Ethem), born 1955.
Evidence: 138195-2.
In 1992 and 1993, during the civil war on the territory of Bosnia and
Herzegovina, the conduct of the Muslim and Croat armed forces
towards the Serbian people was manifestly genocidal and was, of
course, under direct command and with support from the then
authorities - the government and other administrative organs of
Bosnia and Herzegovina. This policy was carried out on the entire
territory of B-H and, as such, also in the area of Bosanska Posavina
(the territories of the municipalities of BrCko, OraSje, Odiak and
Bosanski Brod), and, in the case of this area especially, with the help
of the soldiers of the armed forces of the former Republic of Croatia
who committed their crimes in full agreement with their then
government.
War crimes against civilians, as well as war crimes against
the wounded, the sick and prisoners of war were also committed on
a massive scale against the Serbian people, and for one reason only
- because they were Serbs.
On the territory of the municipality of BrCko, from June 11,
1992, to December 12, 1992, Croat-Muslim armed forces carried out
attacks against civilian Serbs. They killed Serbs, plundered their
property, torched their houses and churches, desecrated theirgraveyards, interned them in prison camps and tortured them there
With regard to these crimes against Serbs, especially in the
villages of Bosanska Bijela, Bukovac, Bukvik, Vujicici, Gajeva,
Vukovac, VuCilovac and Cerik, a body of material evidence haç been
collected.
Before the beginning of this war, the Muslims and the Croats
who lived in the neighbouring villages in this area and who began
demonstrating their national and religious symbols more often, for
example the Green Berets, or HVO (Croatian Defence Council)
emblems, formed their own military units, began to avoid Serbs -
stopped socialising with them, threatened them they would be killed
or banished, and also prevented Serbs from going out of their villages
freely.
Evidence: 617195-1, 617195-5, 617/95-21, 617/95-32,
7.1.46.1. Bosanska Bijela
On 11 June 1992, an attack was launched on the Serbian
population and the following people were killed in it:
1. MILAN SEKULIC (son of Jakov), born in 1958
(witnesses: 617195-1, 617195-5, 6636195-1, -2 and
-3).
2. MARA SEKULIC (daughter of Lazar), born in 1925.
(witnesses: 617195-1, 617195-5, 636195-1 and -2)
3. DUSAN LUKIC (son of Steva) (witnesses: 617195-1,
636195-1, -2 and -3.)
4. JOVANKA MICIC, born in 1932 (witnesses:
617195-5, 636195-1 and -2)
5. VESELIN LUKIC, born in 1938 (witnesses: 617195-
5, 636195-1, -2 and -3)
605 The following people were wounded in this attack:
1. ALEKSA MI~IC (witness: 636195-2);
2. DOBRIVOJE LUKI~, (witness: 636195-2)and
3. MAKSO STEVIC, (witness: 636195-2)
The perpetrators of the above mentioned crime are:
ZVONlMlR DJORDJIC, a.k.a. Djone, (witnesses: 617195-1, 636195-1
and -3); MARJAN LASTRIC, unit commander in the 108th Brigade
(witnesses: 617195-1,636195-1 and -2), FlLlP ANDJIC, a.k.a. lrac
(witnesses: 617195-1 and 636195-1);IV0 STJEPANOVIC, a.k.a. PeleS,
(witnesses: 617195-1, 617195-5 and 636195-1); DRAGAN MENDES
(witnesses: 617195-1 and 636195-1); FRANJO MENDES, (witness:
617195-1); GRGA CANCAREVIC, a.k.a. Tahir (witnesses: 617195-1
and 636195-1); PETAR DJORDJIC, (witnesses: 617195-1 and 636195-
1); ANDRIJA DJORDJIC (witnesses: 617195-1 and 636195-1); IV0
DJORDJIC, a.k.a. Supetlo (witnesses: 617195-1 and 636195-1);
STJEPAN FILIPOVIC, a former BrEko security policeman (witnesses:
636195-1 and 2); IGNJACIJE JURKOVIC, a former BrSko security
policeman (witnesses: 636195-1 and 2); MATIJA MENDES (son of
Franjo), (witness: 636195-2); ANDRIJA CANCAREVIC (witness:
636195-2); FRANJO CANCAREVIC (son of Andrija) (witness: 636195-
2); FRANJO GELJIC, a.k.a. lrac (witness: 636195-2); IV0 JURKOVIC
(son of Sava), (witness: 636195-3) and MATO LUKI~ (son of Ivo),
(witness: 636195-3).
Evidence: 617195-1,617195-5,636195-1,636195-2and 636195-3.
(Annex No. C 97, svedoCenje B.S.ltestemony B.S., pp. c995-
~9971~998-CO I 0)
7.1.46.2 Bukovac
On 1 1 September 1992, Croat-Muslim armed forces attacked
the Serbian population in the village of Bukovac.
The following civiliaSerbs were killed in the attack on the
village of Bukovac, on 11 and 12 September 1992.
606 1. MlTAR VUJIC, born in 1945 (witnesses: 617195-4,
638195-7);
2. MARK0 PEJIC, (son of Petar), born in 1931
(witnesses: 617195-4and 638195-7);
3. CVIJETA PEJIC, born 1938; (witnesses: 617195-4,
and 638195-7);
4. PETAR MILOSEVIC (son of Bogoijub), born in 1958
(witnesses: 617195-9, 640195-1and -4);
5. NOVAK TANASIC (son of Jova), born in 1957.
(witnesses: 617195-9, 640195-1and -4);
6. GOJKO RADIC, born in 1957. (witness: 617195-32);
7. CVJETIN RADIC, born in 1963. (witness:
617195-32);
8. RIST0 BAJIC, born in 1942. (witnesses: 617195-34,
640195-1,-2 and -3)
9. ZIVAN BAJIC, born in 1963. (witnesses: 617195-34,
640195-1,-2 and -3);
10. ILlJA BAJIC, born in 1938. (witnesses: 634195-3
and -5, 640195-1and -2);
11. NIKOLA PISTALOVIC, born in 1927. (witnesses:
640195-1and -2);
12. JOVAN PEKIC, born in 1954. (witnesses 640195-1
and -2) and
13. STEVO SUBOTIC, born in 1938. (witnesses:
640195-1and -2).
Gojko Radic, who was seriously wounded, and Cvjetin Radic
were killed at point-blank range with a burst from an assault rifle in
607the presence of their mother who begged and pleaded for their lives.
(evidence: 617195-32)
Perpetrators: Blaio Diinic, also called Bajica, Stjepan Jurkovic,
called Pepa, Jozo ~imic, Zdravko Radosevic, called Kjesa, Zdravko
Diinic, Niko Filipovic, Luka Martinovic, Zvonko Miskovic, Mirko
MISkovic, Niko Djukic and ~arko ~imic.
Evidence: 617195-2, 617195-3, 617195-19, 617195-32, 617195-34,
634195-3, 634195-5, 617195-4, and 638195-7, 638195-11, 640195-1,
640195-2. 640195-3 640195-4.
7.1.46.3, Bukvik; VujiCici, Gajeva and Lukovac
On 14 September 1992., Croatian and Muslim armed forces
carried out an attack on the villages of Bukvik, Donji and Gornji,
VujiCici, Gajeva and Lukovac.
The following Serbs were killed in this attack:
1. BLAGOJE PEJIC, born in 1912. (witness: 617195-
4);
2. MARK0 TODOROVIC, born in 1932. (witnesses:
617195-4, -14, 679195-5, -33, 638195-7);
3. NEDELJKO LUKIC, born 1940. (witnesses: 617195-
4, -14, 679195-5, -33, 638195-2, 638195-7);
4. VAS0 DJURIC, born in 1940; (witnesses: 617195-4,
-14, 679195-5, 638195-2);
5. SLADJAN DJURIC, (witnesses: 617195-4, 679195-);
6. CVlJETlN PEJIC (father of Tanasije), born in 1957.
(witness: 617195-6);
7. MlRKO RISTIC (son of Zarija), born in 1957
(witness: 617195-6, the father of the
608 killed Mirko Ristic testified in court that his son
Mirko Ristic and Cvijetin Pejic had been killed in
Gornji Bukvik on September 11, 1992, when Croatian and
Muslim units had raided the village, torching several
houses in the process);
8. SPASOJE SEKULIC, born in 1955. (witnesses:
617195-10, -11, 634195-4, -6, and -8);
9. GAVRO TANIC, born in 1922. (witness: 617195-14);
10. VLAJKO PURIC, (son of Avram), (witnesses:
17195-19, -25, -26, 679195-9, 634195-4,638195-
12);
11. ZIVAN RADIC, born in 1966. (witnesses: 617195-19,
-25, -26, 679195-9, 634195-4, 638195-12 and
640195-1);
12. CVJETIN RADIC, born in 1963. (witness: 617195-
19);
13. MlLKA BRESTOVACKI, born in 1943. (witnesses:
617195-22, 634195-1, -4, -6 and -8, 638195-2 and
-12, 679195-8);
14. RADOJKA BRESTOVACKI, born in 1933.
(witnesses: 617195-22, -4, -6, and -8, 638195-2 and
-12 and 679195-8);
15. SAVO VESELINOVIC, born in 1939 (witnesses:
617195-25, -26, -33, 634195-4, 638195-12, 679195-
9);
16. DJOKO VIDOVIC, born in 1922. (witnesses: 634195-8,
638195-2, 679195-8);
17. ILlJA KAURINOVIC, called Farka3, born in 1918;
(witnesses: 634195-4, -6 and -8);
18. DANILO JOVIC - Danko, born 1960. (witnesses:
609634195-4,-6 and -8);
TRIVO KAURINOVIC, (son of Savo), born in 1963.
(witnesses: 634195-4,-6 and -8);
GLIGOR PASIC (son of Gavra), born in 1930.
(witnesses 634195-4and -6, 638195-2);
CVJETIN PASIC, (son of Niko), born in 1954.
(witnesses: 634195-4,-6 and -8)
JOVAN TANASKOVIC, born in 1912. (witnesses:
634195-4,638195-2);
SAVO TANASKOVIC, born in 1912. (witness:
634195-4);
JANMO MARICIC, (son of Sava), born in 1930.
(witnesses:634/95-4, and -6);
RADOJKA BAJIC, born in 1948. (witness: 634195-
4);
PERO VESELINOVIC, born in 1974; (witness:
634/95-4);
DJORDJE KEREZOVIC, born in 1932. (witnesses:
634195-5, 638195-2);
CVIJETA KEREZOVIC, born in 1930. (witnesses:
634195-5,638195-2);
MILO DJURIC, born in 1914. (witnesses: 634195-8,
638195-2);
JOVAN MIJATOVIC, (son of Mitar), born in 1953.
(witnesses:638195-1,638195-2);
VAS0 VUJIC, born in 1924. (witness: 638195-2); 32. STEVO PODIJEVIC, born in 1921. (witness:
638195-2);
33. ILlJA PEJIC, born in 1974. (witness: 638195-7)and
34. MlTAR BLAGOJEVIC, born in 1942. (witness
638195-7).
Ruthless treatment of the Serbs is demonstrated also in the
murder of Spasoje Sekulic, born in 1955, paralysed due to a spinal
illness,who was shot by Sefket Lubinovic with a burst from an
assault rifle, right in the chest in the presence of his mother and
sister, who kept begging for mercy. (evidence: 617195-10 and -11,
634195-4,-6 and -8).
Three Serbs: ~ivan Radic, Vlajko Puric and Savo Veselinovic
were ruthlessly killed by Muslim soldiers, although they were seriously
wounded. They were killed in the presence of ~ivan Radic's mother
who was first pushed away from her son. (evidence: 617195-26,
679195-9),
On the basis of the evidence obtained, it can be established
that the following people took part in the above mentioned attack and
killing of the Serbs:
1. SEFKET LUBINOVIC, (witnesses: 617195-10, and
-11, 634195-8);
2. MENSUR DJAKIC, (witnesses: 679195-30,634195-8
and -9, who is said to be the commanding officer of
the Muslim army unit which attacked Bukvik);
3. BLA~A D~INIC, Pajica, from Ulovic, (witness:
634195-8);
4. PETAR BOSANKIC, from Vitanovic (witness: 634195-
8);
5. LUKA JAKIC, an ex-policeman, from BrCko,
(witness: 634195-8); 6. VJEKOSLAV CARAPIC, from Ulice, (witness: 634195-8);
7. NURIJA SARAJCIC, from Brka, (witness: 634195-8);
8. SINAN HADZIC, (son of Huso), from Vulovic,
(witness: 634195-8);
9. SAD0 HADZIC, (son of Mustafa), from Ulovic,
(witness: 634195-8);
10. NlJAZ KALIC, (witness: 634195-8);
11. DAMIR SULJIC, Matija, (witness: 634195-8)and
12. MEVLUDIN HASANOVIC, (witness: 634195-9).
Evidence: 617195-2, 617195-3, 617195-4,617195-6, 617195-7, 617195-8,
617195-9, 617195-1 O, 617195-11, 617195-12, 617195-1 3, 617195-14,
617195-15, 617195-1 6, 61 7195-19, 617/95-22, 617/95-25, 617/95-26,
617195-27, 617195-31 , 617195-33, 617195-40, 679195-5, 679195-8,
679195-14, 679195-30, 679195-33, 634195-4, 638195-1, 638195-2,
638195-5, 638195-6, 638195-7, 638195-8, 638195-9, 638195-10, 638195-
12 and 640195-4. (Annex No. C 4, svedoCenje R.B.1testemony R.B.,
pp. c22-~241~25-c27)(Annex No. C 86, svedotenje Z.R.1testemony
Z.R., pp. c865-~8671~868-c871), (Annex No. C 110 svedotenje
M.T.2ltestemony M.T.2, pp. cl 119-11201~1121 -cl 123)
4.1.46.4 VuCilovac
On 12 December 1992, when the Croatian Army raided the
village of VuCilovac - municipality of BrSko and, as in the above
mentioned villages, killed civilians, plundered the property of the Serb
people, and torched houses in which the Serbs lived.
The following Serbs were killed in the attack on VuCilovac by
armed Croats:
1.
PANTO MAJsTOROVI~, born in 1944. (witnesses:
617/95-23, -24, -37, 679195-1,-12);2. MILENKO MAJSTOROVIC, born in 1971. (witnesses:
617195-23, -24, -37, 679195-1, -10, -11, -12, -22);
3. ILIJA MAJSTOROVIC, born in 1937. (witnesses:
617195-23, 24, 679195-1, -11);
4. MARINKO MARGETIC, born in 1942. (witnesses:
617195-23, -37, 679195-2, -3, -4, -10, -11, -12);
5. OLJA IGNJIC, born in 1939. - a Croat married to a
Serb (witnesses: 679195-1, -6);
6. RUZA NIKOLIC, born in 1926. (witnesses: 617195-
24, 679195-1, -2, -3, -10 and -12);
7. NETKA LUKIC, (daughter of Mika), born in 1928.
(witnesses: 617195-24, 679195-1);
8. MILAN MARGETIC, (son of Lazar), born in 1963.
(witnesses: 679195-1 and 679195-4);
9. PERO KITIC, (son of Nikola), born in 1953.
(witness: 679J95-1);
10. MICO LUKIC, (son of Nikola), born in 1946.
(witness: 679195-1);
11. SVETISLAV MITROVIC, born in 1968. (witnesses:
679195-1 and 679195-7)
12. BOZO PETROVIC, (son of Boio), born in 1952.
(witness: 679195-1);
13. JOCO MISIC, (son of Marko), born in 1973.
(witnesses: 679195-1, -39);
14. LAZO OSTOJIC, (son of Risto), born in 1946.
(witnesses: 679195-1, -16);
15. RATKO LUKI~, (son of Petar), born in 1944.
(witness: 679195-1);
613 16. SLADJAN NIKIC, (son of StaniSa), born in 1967
(witness: 679195-1);
17. KRSTO ARSENIC, (son of Niko), born in 1906.
(witnesses: 679195-7 and -15).
As for the perpetrators of the aforementioned crimes, the Serb
witnesses who survived in most cases could not identify the
perpetrators. They explained in detail that the attack was carried out
by the Croatian army from the neighbouring villages. They al1 agree
on that point.
Evidence: 617195-21, 617/95-23, 617/95-24, 679195-1, 679195-2,
679195-3, 679195-4, 679195-6, 679195-7, 679195-10,679195-11, 679195-
12, 679195-15, 679195-16, 679195-22, 679195-28, 679195-39, 679195-
42.
7.1.46.5. Cerik
On 11 June 1992, and later on 28 August 1992. Muslim and
Croatian units launched attacks on the village of Cerik. They attacked
the Serbs, their lives and their property.
The following civilian Serbs were killed on17 June 1992:
1. SlMO SI MI^,born in 1924. (witnesses: 636195-5,
and -6);
2. JOVO MARKOVI~, (son of Ilija), born in 1964,
whose throat was cut (witnesses: 636195-5, -6);
3. SPASOJE ANDRIC, (son of Mihailo), born in 1962.
(witnesses: 636195-5, -6);
The following Serbs were killed in the attack on Cerik, on
August 28, 1992.:
1. PETAR D~OMBI~, (son of Vojin), born in 1942.
614 (witness: 636195-5,);
2. ZARKO ZARIC, (son of Mica), born in 1919.
(witness: 636195-5);
LAZO ILIC, (son of Jovo), born in 1933. (witness:
3.
636/95-5);
4. MILUTIN DRAGICEVIC, born in 1925. (witness:
636195-5);
5. RIST0 JOVANOVIC, born in 1926. (witness:
636195-5and the minutes of identification of May
27, 1995, - 144195-3);
6. MITRA BRKOV~C(f), born in 1937. (witness:
636195-5);
7. MILENA BRKOVIC; (daughter of Radovan), born in
1975. (witness: 636/95-5);
8. AC0 MILICEVIC (son of Mika), born in 1958.
(witness: 636195-5);
9. MlLlVOJE SEKULIC, (son of Savo), born in 1940.
(witness: 636195-5and minutes of identification of
May 27, 1995. -144195-3);
10. DANKO MIJATOVIC, born in 1939. (witness:
636195-5and minutes of identification of May 27,
1995. - 144195-3)and
11. OSTOJA MICANOVIC, born in 1939. (witness:
636195-5 and minutes of identification of May 27,
1995. - 144195-3).
The perpetrators of the crime:
1. STJEPAN FILIPOVIC,3. ANDRIJA CANCAREVIC,
4. NlKO BO~IC,
5. MATE MENDES,
6. IV0 MISKOVIC,
7. MARJAN LAS TRI^,
8. JURE VESELCIC,
9. MARJAN LEMESIC,
10. FlLlP DEJANOVIC,
11. PILJO GELJIC,
12. FRANJO CANCAREVI~,
13. LUKA CACES,
14. MATE ANTIC,
15. ANDJELKO JURKOVIC,
16. TOMISLAV HRGOVICI~,
17. IV0 JURIC,
18. LUKA JURI~,
19. ZlATKO HRGOVCI~,
20. DRAZEN PETROVIC,
21. MLADEN PETROVIC,
22. MISO TOMIC, 24. GRGA CANCAREVIC and
Evidence: 144195-3,636195-5,636195-6.
7.1.46.6. The killings of Serbs-prisoners of war
On 8 April 1993, the 108th Brigade of Army of Bosnia and
Herzegovina, under the command of Ramiz Pljakic, carried out an
attack on the village of BiliSte- municipality of BrCko. It captured
several soldiers of the Army of the Republic of Srpska, who were
subjected to torture andlater killed to the last man.
On 7 May 1993, at the take-over point in Dubravice, the Arrny
of the Republic of Srpska took over the earthly rernains of its four
soldiers: Stojan Pudic (son of Djoko), Perica JoviCic (son of Ranko),
~eljko Padeianin and Radovan Marjanovic.
The first two had been captured after the events of 8 March
1993, while ~eljko Padeianin and Radovan Marjanovic had been
captured after the attack carried out on 27 April 1993, on the village
of Lipovac, also by the 108th Brigade of the Army of Bosnia and
Herzegovina.
Stojan Pudic and Perica JoviCic were tortured and beheaded
while still alive.
Evidence: 144195-9post-mortem records made out at (the Institute of
Pathology and Forensic Medicine of the Military Medical Academy in
Belgrade) on 7 May 1993, record nurnbers BC-S-11 and BC-S-12.7.1.47.C. Han Pijesak
7.1.47.1. On St Elias' Day, 2 August 1993, an important
Orthodox holiday, Muslim soldiers attacked the Serb village of
~eravice in Han Pijesak municipality and killed:
1. Dobrivoje Golijan, born 1926;
2. Rajka Todorovic (female), born 1958;
3. Aleksa Golijan, born 1923;
4. Danica Sokanovic (female), born 1926;
5. Milovan Golijan, born 1967;
6. Marko Mirovic, born 1923;
7. Jovan Sokanovic, born 1931; and
8. Zora Sokanovic (female), born 1936.
D. S. (female),Velimir Golijan, born 1946; and Milojka
Mirovic (female), born 1926, were wounded in the attack and taken to
Kladanj. The Muslim soldiers looted and burned more than 70 Serb
houses with outbuildings.
The village of ReCice was attacked on the same day,
but there were no casualties because the villagers had already fled.
Seven houses with outbuildings were looted and burned.
The Muslim unit was led by: Brajko Huseinovic (father:
Hamid), born 1959; Rifet Vrabac, aka "Bekan" (father: Djulbeg), born
1961 ; Rizvo Vrabac (father: ~ahbaz), born 1953; Becir Makanic
(father: Jakub), born 1957; lsmet Vrabac, aka "Redio" (father:
Cubag), born 1963; Muhamed Vrabac (father: Mujo), born 1939;
Re5id lmanovic (father: Bajro), born 1955; Zaim Avdagic (father:
Himzo), born 1946; Zijad Avdagic (father: Himzo), born 1962; Galibin
Durakovic (father: Osman), born 1945; Hajrudin Glasic (father:
Began), born 1953; ~emso HajrderbaSic (father: Hamid), born 1939;
Ramiz ~amdiic, born 1938; and Alija MutapCic,born 1957.
Evidence: 136195-2,49/95-23 and 184195-39(a child,
whose parents and aunt were killed in this attack). (Annex No. C
100, svedoCenje D.S./testemony D.S., pp. cl 020-cl 0251~1026-c1030),
(Annex No. C 69, svedotenje B.M.1testemonyB.M., pp. c706-
~7101~711-~715) 7.1.47.2. On 15 December 1993 Muslim soldiers
launched a surprise attack on the village of Slivnje in Han Pijesak
municipality and killed the following Serb civilians:
1. Momir Dupljanin;
2. Budimir Dupljanin;
3. Branko JanjuS; and his son
4. Radojica JanjuS.
Zora JanjuS disappeared and has not been heard of
since. The bodies were burned and only the bones remained.
The village was razed to the ground and cattle driven
away.
Evidence: 49/95-24
7.1.47.3. On 11 December 1993 Muslim armed forces
from Kladanj attacked the Serb village of PodkozlovaCa in Han
Pijesak municipality and killed:
1. Radovan Bastah, who was butchered;
2. Leposava Maric (female), shot in the head while attempting to
escape;
3. Vojislavsokanovic who was burned alive in his house;
4. Milutin Grozdanovic, who died of wounds; and
5. Branko Narandiic.
Marko Bastah and Gojko Trifunovic were wounded.
The houses were looted and about 100 cattle, sheep
and goats were driven away, and 21 houses with outbuildings were
then burned.
The following perpetrators of this crime have been
identified: Zijad Vrabac (father: Asim), born 1965; Diemail MuSkic
(father: Ragib), born 1964; Rahim Kurtic (father: Alija), born 1973;
Sejfudin DerviSevic (father: camil), born 1971; Ibrahim Rizvanovic
(father:saban), born 1973; Sejfudin Suljic (father: Becir), born 1963;
61 9Diemal Bajric (father: Omer), born 1971; Lutvo Salimovic (father:
Smail), born 1973; Zaim Mehmedovic (father: Salko), born 1972;
Azem Alic (father: Suljo), born 1970; Amir ~uljakovic (father: Avdo),
born 1972; Mijo Sejmenovic (father: Nusret), born 1958; Beriz MuSkic,
born in Vlasenica municipality; Munib Turkovic, from Vlasenica
municipality; Amir Ikanovic, from Vlasenica municipality; Diemal Nukic,
from Vlasenica municipality; Fahrudin Alic; Elvis Hasanovic; Avdo
Perhatovic; Salim Mustafic; Alija Mustafic (father: Salik), born 1962;
Alija Mustafic (father:BeSir), born 1972; Mustafa Becirovic, born 1974;
Mirsad Hardarevic (father: Mehmedalija), born 1974; RaSid Baltic
(father: HaSim), born 1974; and Adnan Matus.
Evidence: 136195-1.
7.1.48.0. Lopare
7.1.48.1. On 19 August, 1992, in Jablanica village,
Muslim forces from Jablanica attacked a clearly marked ambulance of
the Bosnian Serb Army carrying one sick and one wounded soldier,
causing it to overturn and catch fire. The following burned to death in
the vehicle:
1. Radomir Micic;
2. Vladan Boiic;
3. Vojislav Jankovic; and
4. Boiidar Abadiic.
Evidence: 171195-4.
7.1.48.2. On 23 January 1994, Muslim and Croat
forces attacked Bosnian Serb defence near Jablanica in Lopare
municipality. They captured six soldiers,tortured and killed them:
1. Branko Antic (father: Cedomir), born 1944;
2. Mihajlo Peric (father: Cvija), born 1945;
3. Stevan Stevanovic (father: Ilija), born 1941;
4. Mladjen Pupic (father: Pera), born 1941;
5. Milorad TeSic (father: Vasilije), born 1950; and
6206. Svetozar Mihajlovic (father: Milorad), born 1953.
Commandos of the 2nd Corps15th operative group,
called "Panthers", and a commando group led by Goran, aka
"UstaSa", surname unknown, were responsible for this attack.
Evidence: 17119511.
7.1.48.3. of 5 June, 1992, in the afternoon Muslim and
Croat forces from the village of Brnjik in Lopare municipality attacked
the Serb hamlet of Cvetkovici in the same village, and then
ambushed a group of five or six Bosnian Serb soldiers who came
from Lukavica to protect and evacuate the villagers.
1. Goran Djuric (father: Nedjo), born 1936,
was shot in the chest, captured and taken to Brnjik, where he was
killed in the school yard. There was a 10 by 15 cm open fracture on
the top of his skull caused by a blow with a hard, blunt object.
This crime was committed by Muslim and Croat forces
from Brnjik.
Evidence: 17119513.
7.1.48.4. On 19 June 1992 Muslims and Croats from
surrounding villages attacked the village of Brezjekilled,
1. Stojan Djukic
2. Stokan Djukic
3. Kata Djukic
4. Vojko Peric
and captured some of the villagers. Later, they killed captured Jova
GaSic and llija Mihajlovic.
(Annex No. C 102 svedoCenje B.S.lltestemony B.S.l,
pp. CI038-10431~1044-~1049) 7.1.49.1. On 12 June 1992, Muslim forces raided the
Serb hamlet of Samardiici in Tupkovici village in the ~ivinice
municipality, took al1 the villagers they found to ~ivinice and did not
allow them to return to their homes.
Two days later, the Muslims caught and killed a group
of villagers who had hidden in the nearby woods and returned to the
village:
1. Radojka Erdelic (female), aged about 60;
2. Luka BoSkovic, aged over 80; and his wife
3. Bojana BoSkovic, aged over 80; and
4. Milorad Samardiic.
The Muslim soldiers also captured
5. Stojan Stojanovic from Tupkovici, and took him to ~ivinice, where
they killed him in the camp in "~arenjak" library.
Omer ~asimovic (father: Ibro) from Tupkovici and
Ibrahim Pandurovic (Alija), from Trojani hamlet in Tupkovici, also took
part in these crimes.
Evidence: 184195-36.
7.1.49.2. Muslim forces often raided the Serb village of
Vrnojevici in ~ivinice municipality and savagely beat up its civilian
residents.
In June 1992, they killed:
1. Tomislav BoSkovic; and
2. Dasa Ristic (female) from Kotornica village
in the BoSkovic house.
In February 1993, they executed without reason:3. ceda Jovanovic;
4. Ljepojka Stevanovic; and her son
5. Zdravko Stevanovic.
The rernaining Serb villagers then fled via Mt Konjuh to
Bosnian Serb territory, and the Muslirns looted and burned the
deserted village.
The Muslirn unit was commanded by Vahid Kamberovic
from serimi. The commander of the military police was Refik
Tulumovic, and Nusret Hadiic from Dubrave, Azem Batkovic from
BaSigovci in iivinicemunicipality, and Nidhat BraCaninovic (father:
Sulja), from ~ivinice, were especially brutal towards the villagers.
Evidence: 293195-11, 293195-12 and 293195-17.
(Annex No. C 54, svedotenje L.L./testemony L.L., pp. c552-
c554/c555-c557), (Annex No. C 55, svedotenje N.L.1testemony N.L.,
pp. ~558-c560/c561-c563)
7.1.49.3. During the same year (1992), the following Serbs
were also killed on the territory of ~ivinice:
1. Ratko Zelenovic, from the village of Tupkovici,
municipality of ~ivinice. He was captured by Muslims and imprisoned
for a time in the ~ivinice camp. Having lef?the camp in mid-1992, he
was beaten up so savagely that he soon died in the hospital in
Slavinovici. (witness 743195-12),
2. Boiica Jovic, aged around 25, frorn the village of Brnjica
near ~ivinice. Killed on 25 May 1992, when her village was attacked
by a Muslim unit under the command of Safet Rizvic. (witness
386196-24),
3. Nikola Papovic, a pensioner from KrivaSa near Zivinice. In
1992, Dierno Ferizovic arrested him in the city, pushed hirn into a
car and drove him to a place called Cigulje. There he tied him up,
killed him and paid the local Gypsies DM 100 to bury his body
(witness 206197-20, 743195-O 1),
4. Rade Petrovic frorn iivinice. He was arrested in the
street and deported to ~arenjak camp. By order of Enes Gurdic, he
623was taken out of the camp the same evening never to return to it. It
was only later that witness 386196-23 learned that Petrovic had been
killed.
5. Mico Ristic, history and geography teacher from the
village of Lupoglave near Zivinice, born on 6 May 1946; son of
Drago. He was arrested on 10 August 1992, and brought to LjubaCa
camp near ~ivinice. There he was beaten extremely severely because
his son was a cadet at the Military Academy in Belgrade. He was
badly swollen up from the beating and in such a serious condition
that they called for a doctor who gave him a shot of some sort.
When he collapsed soon afier that, his guards thought he was acting
up and continued kicking him and bashing him with rifle butts. On 13
August 1992, he died of the blows in the presence of his relative
(witness 386196-21) and another two witnesses (386196-22,561196-2).
His wife, witness 478196-36,was informed that her husband had died
of asthma although he had never suffered from it. When she came to
take over his dead body for burial, she could not recognise hirn at
firstbecause the injuries he had suffered deformed him completely
(witnesses 135197-1, 293195-1 2),
6. Vinka Stevanoviéfrom the village of Vrljevici. Killed in July
1993 with her son Zdravko (witness 561196-2).
Those responsible for these killings are: Mevludin BeSic, the
first commanding officer of the Territorial Defence of ~ivinice, Enes
Gurdic, from a village near Olovo, ex JNA lieutenant and commanding
officer of the Territorial Defence of Zivinice and head of the military
police unit attached to "The Wasps of Zivinice", Ibrahim Jukic, from
the village of Zukiéi, municipality of ~ivinice; son of Bajro,
commanding officer of a Muslim military unit, Vahid Kamberovic, from
serici, commanding officer of a Muslim military unit, took part in the
killing of Serbs in the village of Vrnojevici, Vahid Karavelic,
commanding officer of the "The Patriotic League" in the region of
Tuzla, Salih Malkic, a.k.a. Sale, commanding officer of a military unit
belonging to the "Patriotska League" of Zivinice, Safet Rizvic, owner
of a shop in Kupljerosi near ~ivinice, commanding officer of a Muslim
military unit in ~ivinice, Refik Tulumovic, head of the Territorial
Defence, municipality of iivinice.Evidence: 184195-36, 239195-11, 239195-12, 239195-17, 239195-32,
743/95-10, 743195-12, 386/96-21, 386196-22, 386196-23, 386196-24,
561 /96-2, 206197-20.
7.1.50.0. Banovici
7.1.50.1. On 18 June 1992, Muslim forces from
Banovici attacked the Serb village of ~eljevo and killed:
1. Nikola Djuric;
and wounded and captured:
2. llija Gajic; and
3. Slobodan Blagojevic.
Then they tortured their prisoners, putting salt and Cayenne pepper on
their wounds. The prisoners died of the torture.
The Muslims then looted and burned al1the houses and
drove cattle away.
Evidence: 184195-44.
7.1.50.2. In May 1992, in a camp for Serbs in the yard
of the lvan Goran KovaCic school in Banovici village near Banovici,
the following Serbs were butchered:
1. cedo Mihajlovic; and
2. DuSan Ristic from Vijenac.
7.1.50.3. The following Serbs were also killed in Banovici:
1. Djuric (first name unknown), born in the village of Lozno,
municipality of Banovic, resident of the village of Banovici. He was
killed on 6 June 1992, in a camp set up in sheds used for storing
coal near lvan Goran KovaEic elementary school (witness 799195-31), 2. Drago cazic, died in the hospital at Gradina, in Tuzla, on
5 July 1992, of injuries inflicted when he was beaten up in the
offices of the railway company in Banovici (witnesses: 617195-28,
617/95-30, 799195-30).
Those responsible for these killings are: Hasan (or Hasim, or
Kasim, or lsmet Abdic) Avdic, mining engineer; son of Nuraga, mayor
of Banovici and chairman of the Banovici War Presidency, Dedo
Berberovic, aged around 40, from Banovici; father of Emin, ex JNA
captain, one of the commanding officers of the Green Beret unit in
Banovici and head of the military police in Banovici, Muradif Berbic,
a.k.a. Mure, from Banovici; son of Zecir, before the war employed as
a driver on the Banovici opencast mine, commanding officer of the
Muslim military police and, as Esad KoEic's successor, warden of the
camp set up in the basement of the administrative office building of
the railway company in Banovici (witnesses: 617195-28, 617195-30,
679195-36, 799195-29, 799195-30), Nermin Dedic (or Delalic); son of
ESref, supreme commander of al1 military forces in Banovici, Jasmin
Delagic, commanding officer of the Territorial Defence in Banovici,
Edhem Joldic, a.k.a. Edo, before the war served as administrative
secretary in the BanoviCi High-School Educational Centre, warden of
the camp set up in the basement of the administrative office building
of the railway company in Banovici, Akif Kadric, commissioner of the
Banovici police, Esad KoEic, a.k.a. Ciga and Nafaka, before the war
employed in Helios in Banovici, commanding officer of the military
police and warden of the camp set up in the basement of the
administrative office building of the railway company in Banovici,
Mirsad Kukic, chairman of the Executive Council of the municipality of
BanoviCi, president of the SDA (Party of Democratic Action) branch in
Banovici, Nihad Livadic, born on 3 April 1963, in Banovici; son of
Hamzo, ex JNA captain, came to Banovici around 15 April 1992,
acted as commanding officer of the military police in Banovici and
commanding officer of the Territorial Defence, he was also a security
officer in the Muslim army, Fikret Mrkonjic, a.k.a. Mrkonja, from
Omazlici, before the war worked as a railway engine driver, member
of the military police, Mehmed Rahmanovic, police commissioner,
Mirsad Hukic, an engineer, chairman of the Municipal Executive
Council and commander of the "Patriotska League" for the region of
Banovici, ~amil HuseinbaSic, before the war he was the head of the
Territorial Defence of Banovici, and when the war started, he became
the chairman of the Crisis-management Cornmittee, Nihad ~ehovic;
626son of Hasan, commanding officer of the 119th Brigade in the B-H
Army.
(Annex No. C 92, svedotenje ~.~./testemony z.R., pp. c922-
~9271~928-~932)
7.1.51.O. Kalesija
7.1.51.1. On 26 May 1992, Muslim forces attacked the
village of Jeginov Lug in Kalesija municipality and killed:
1. Voja Jovanovic; and
2. Milorad Markovic,
and captured many other villagers, razed the village to the ground
and drove away cattle.
The attackers included : Haso Mujakovic from ani icand members
of the Music and AlbaSic families from Donji Rajinci village.
Evidence: 43/94-34, 184195-1 3, 184195-14 and 184195-1 5.
7.1.51.2. From 2 to 25 May 1992, Muslim forces
repeatedly shelled and sniped at the village of Duvnica in Kalesija
municipality, before they finally captured it. In these attacks, the
following Serb civilians were killed:
1. Dragan Mitrovic;
2. Stevo Djuric;
3. Slavko Kojic;
4. Krsmanija Jankovic (female);
5. Tomo MaleSic;
6. Joka lkic (female);
7. Srpko Mitrovic;
8. Zdravko Jovic;
9. Milorad Milic-Lazarevic;
10.DuSan MaleSic;
11. Savo Lukic;
12. Rado Djuric, who was deaf and dumb;
13. Radojka-Raja Djuric (female);
14. DuSan Djuric;
62715. Srecko Stojanovic; and
16. Mara Kostic (female).
The Muslims looted and burned the village.
The attacks were led by Nedim Gazibegovic from
Prnjavor.
Evidence: 184195-1 1, 184195-1 2 and 49195-19.
7.1.51.3. From 6 to 25 May, 1992, Muslim forces from
brdo and Zukici repeatedly attacked the undefended
Kalesija, Jajica
Serb village of Zolja in Kalesija municipality and killed the following
villagers:
1. Jovica Peric;
2. Desimir Gajic;
3. Jelka Stojanovic (female);
4. Cvija Kostic;
5. Radomir Milovanovic, who was paralysed; and
6. Petka Jokic (female).
Ali the bodies were mutilated, and Petka Jokic was burned alive.
The Muslims looted and burned al1the houses and drove
away cattle.
Nurija ~ajtinovic from Jajinac was one of the ring leaders
in these attacks.
Evidence: 49195-18 and 184195-1 6.
7.1.51.4. On 12 June 1992, Muslims from the villages
of HrvaEici, Zukici, HemlijaSi and Memici launched a sudden attack on
the village of Brezik in Kalesija municipality and killed:
1. Mile Maksimovic; his brother
2. Nedjo Maksimovic;
3. Premil Dukic;4. LjubiSa Dukic; and
5. Slavko Maksimovic.
They also killed the following Serbs from the neighbouring village of
Zolja, who had fled to Brezik from an attack on their own village:
6. Gojko Jokovic;
7. Dragan Eric;
8. Bora Eric; and
9. Mile Eric.
The Muslims looted and burned the village of Brezik.
Evidence:49195-20
7.1.51.5The following Serbs were either killed or reported
missing (there are grounds to presume them killed as) in Kalesija
and the nearby villages:
1. Jelenko Bubic, from Teslic. He was in a car owned by
the Medical centre in Teslic driving from Teslic to Belgrade to visit his
il1 wife. He was arrested by Muslim troops and locked up in a
warehouse in the village of Donje Vukoje near Kalesija. The arrest
took place on21 May 1992.On 25 May 1992, his body was handed
over to the Serbian authorities and transported to Teslic. (witness
594196 14),
2. Milivoje Jankovic, born in Lokanj, 1963; of father
Cvijetko. On29 July1992, he was captured in Memici near Kalesija
as a soldier of the Republic of Srpska Army.en he disappeared
without trace and has not been heard of since. (Eviden115197-4
and 516196-IO),
3. Slavko Markovic, born i1935. On May 26,1992, he
was killed in the village of Jeginov Luk, municipality of Kalesija, by
Croat-Muslim military unitswhich attacked the village.(witness:
743/95-2),
4. ~arko Milic, born in Tabanka, municipality of Zvornik, in
1968; son of Sava. On 29 July 1992, he was captured in Memici
near Kalesija as a soldier of the Republic of Srpska Army. Then he
629disappeared without trace and has not been heard of since.
(Evidence: 115197-4and 516196-1 O),
5. Marko Pejic, a Croat from the village of Barici,
municipality of Teslic, born in Bariéi, in 1953. On May 25, 1992, he
was killed in the camp set up in a trade Company warehouse in the
village ofDonje Vukoje near Kalesija (witness 594196-14).
Those responsible for these crimes are: AlbaSic, from the
village of Donji Rajinci, who took part in the attack on the village of
Jeginov Luk, Nedim Gazibegovic, from Prnjavor, who led the attack
on the village of Duvnica, Haso Mujakovic, from the village of ~anici,
who took part in the attack on the village of Jeginov Luk, Nurija
~ajtinovic, from Jajinac, who was one of the ringleaders and
organisers of the attack on the village of Zolje, municipality of
Kalesija, Meho ~urkanovic, who was a commanding officer of a
Muslim military unit.
Evidence: 43194-34, 743195-2, 184195-11, 184195-12, 184195- 1,
184195-1 4, 184195-15, 49195-18, 49195-19, 49/95-20, 184195-1 6.
7.1.52.0. Kalinovik
7.1.52.1. On 2 August 1992 strong Muslim forces
attacked the villages of Osija, Pijevac, Unkoviei, Varize, Kolakovici,
Rudjice and Previc in Kalinovik municipality. They killed ten mainly old
or sick people who were unable toescape:
1. Vojin Draskovic (father: Lazar), aged 73; and his wife
2. Joka DraSkoviÇ, aged 70;
3. Vidosava DraSkovic (female, father: Obren), aged 60, blind and
bed-ridden;
4. Danica DraSkovic (father: Jefto), aged 85, bed-ridden;
5. Vlado Dragkovic (father: Vukan), aged 87;
6. Pero DraSkovic (father: Blagoje), aged 72;
7. Risto Tomovic (father: Pero), aged 60;
8. Jelenka Tomovic (female, father: DuSan), aged 56;
9. Joka Tomovic (female, father: Nikola), aged 62; and
10. Novak Krstovic (father: Savo).
630The Muslim forces looted and burnt al1 the Serb houses in these
villages. In Osija alone, they burned 23 houses and 43 outbuildings.
The perpetrators of these crimes have not yet been
identified but it is known that the Muslim forces were composed of
Muslims from nearby villages, whose aim was to kill any Serb civilian
they found and destroy any trace of the Serb nation in this area.
(Annex No C 160, Photo 41)
7.1.53.0. Travnik
7.1.53.1. The territory of the Travnik municipality was
inhabited by population of mixed ethnic origin, although Muslims
constituted a majority. From the start of the war, Serbs in Travnik
were maltreated in various ways by Muslim and Croat soldiers,
ranging from insults and threats, to physical attacks, house searches,
confiscation of property, restrictions of movement, arrests without
reason, detainment in camps and even murders. Not even children
were spared.
7.1.53.2. In June 1992 in the village of GuCa Gora in
Travnik municipality, Croat HVO soldiers killed:
1. Nikola Ledic, a retired teacher; and
2. his eight-year-old nephew.
Their bodies were buried on the Orthodox cemetery in Travnik at
night because the Muslim-Croat authorities did not permit Serb
funerals during the day.
Evidence: 292195-10
7.1.53.3. Some time in August 1992, a Muslim killed
the following Serbs in front of their houses in the village of Turbe,
Travnik municipality:
1.Nedeljko KoSEo;and
2.Bo20 Katana. Perpetrator: ~eliba~ic from Karaul village, first name
unknown, whom the Muslim authorities rewarded for these killings by
giving him the flat ofDuSko Milicevic, a Serb from Travnik.
Evidence: 333195-32and 333195-30.
7.1.53.4. Some time in May 1992, unidentified HOS
soldiers killed the following Serbs in their house in Bandovo, Travnik
municipality:
1. Branko Letic, born 1925, and his daughter-in-law
2. Mira Letic, born 1964.
~vidence: 333195-30, 333195-31and 333195-32.
7.1.53.5. Some time in April 1992, an unidentified Croat
killed the following Serb in the village of Dielilovac, Travnik
municipality:
1. Mladen Slavnic from Travnik.
Evidence: 333195-32.
7.1.53.6. HVO soldiers in Travnik arrested, tortured and
mutilated:
1. Aleksandar KostreS, a car mechanic from Travnik.
They cut off his ears and he died as a result of wounds received
during torture.
Evidence: 333195-31.
7.1S4.0. Mrkonjic Grad
7.154.1. From June to October 1992, Muslim and Croat
armed forces from Jajce repeatedly shelled Mrkonjic Grad, which was
outside the area of combat and military operations, with the purpose
632of killing its civilians and inflicting material damage. The following
Serb civilians were killed in the shelling of Mrkonjicd:
1. Boja Milanovic (female), born 1908, was killed on 5 August, 1992;
2. Batinica Miodrag, born 1978;
3. Jadranka Tomic (female), born 1970, was killed on 7 September,
1992; and
4. Djuro Kodio, born 1930, was killed on 12 September.
Evidence: 33195-15
7.154.2. On 10 October 1995, having captured the territory of
the municipality ofKljuC (Ribnik), strong Croat-Muslim forces attacked
the territory of the municipality of Mrkonjicd and ~ipovo.
The greatest part of the Serb population pulled out of this
area before the eriemy troops and moved on to Banja Luka.
However, a smaller part of the population that consisted mainly of the
elderly and disabled people stayed in their homes. They, as well as
the captured soldiers of the Republic of Srpska Army, were killed by
the members of the Croatian Army and the Army of 6-H. Their dead
bodies remained where they were killed - sorne of them were buried
near the scene of trie crime and 181 of them were interred on the
Christian Orthodox cemetery in Mrkonjic Grad. On that occasion, the
Croatian Television riired a coverage in which the dead bodies were
described as those of the Serb soldiers killed in action. The facts
presented here, however, indicate that the victims in question were,
murdered and that they were al1either PoWs or civilians.
On 10 October 1995, general MatijaSevic, the commanding
officer of the Croatian Army's Fourth Brigade of the Guards fiom
Split, was killedduring the operation of capturing Mrkonjic Grad. His
deputy Damir KrstiCevic then issued an order that al1 captured Serb
soldiers and civilians be killed in retaliation. Later on, by special
appointment of president Tudjman, KrstiCevic was promoted to the
rank of general forhis services in the operations of capturing Mrkonjic
Grad.
Thus in the village of Surjan near Mrkonjic Grad, 8 people
were killed in the house of Pantelija GrmeSa. Their bodies were later
found in the ashes of his burned house. Also found there was a
633wheel-chair which belonged to Radojka Roiic (34) for whom it was
the only way she was able to move about from the early age of 7.
She was killed along with her mother and father.
According to the Dayton agreement, this area was given back
to the Serbs in February 1996.
It was then that they started to discover dead bodies.
The investigative judge of the Military Court in Banja Luka
ordered exhumation of the entombed bodies on the Christian
Orthodox cemetery in Mrkonjic Grad. The exhumation was carried out
in late March and early April, 1996, and resulted in the discovery of
181 entombed bodies of which 136 have since been identified. All of
them were of Serb nationality.
On that occasion, a post-mortem was conducted by an expert
forensic team headed by Dr Zoran Stankovic.
In addition to the bodies found on Mrkonjic Grad cemetery, a
total of 84 bodies, 82 of which have been identified, were also found
in this area in the period between February 1996 and the middle of
the same year. Nine more missing persons should also be added to
this number, since they were most likely killed although their bodies
have never been found.
This, therefore, brings the total number of victims in this area
to the figure of at least 274, of which 227 have been identified so
far.
The oldest among the murder victims was Jovan Lazendic
from Podbrdo who was 91 at the time he was killed, whereas the
oldest femaie victim was Ljubica Oroz from BoCacwho was 90 years
of age.
The final body count includes both those whose bodies were
identified andthose reported missing whose bodies have never been
found but who were most probably murdered as well:
1. Darinka Areiina, a housewife from BoCac, born in BoCac,
on May 25, 1924; daughter of Nikola and Stana (nee Maric). She
634remained in the village with her elder sister and they were both there
when the Croatian troops occupied the village on 12 October 1995.
The Croatian army destroyed everything in their path - they killed
every person and head of livestock they found there, looted and
burned down al1 the houses (witness 410196-4). On 11 March 1966,
when the territory was brought back to the jurisdiction of the Republic
of Srpska, the relatives found a grave near the house of Obrad
Panic. When it was dug up, it revealed the body of Darinka which
was then examined in Banja Luka and handed over to her son who
buried it in BoEac.
2. Stevan Areiina, from the village of BoEac. He was reported
missing after BoEac, the village he lived in, was captured and is
presumed to have been killed along with al1 other inhabitants of
BoCac who had chosen to stay in the village. Except his, al1 their
bodies were later found (witness 426197-44).
3. Milan Bajic, from Gerzovo, municipality of Mrkonjic Grad,
born in 1952; son of Nikola. He stayed in the village after it had
been occupied and then he was killed according to the statement of
witness M.D. (491196). His body was found in a place called Baraci,
on 10 February 1996. A post-mortem conducted by Dr Karan
revealed that he had been killed with an automatic firearm on the
doorstep of his house (584196).
4. Mirko Barjaktarevic, a farmer from the village of Donja
Slatina near KljuE, born in KljuC,on 21 August 1941; father Petar and
Mara (nee Ljepic). He remained in his village because he failed to
pull out of it in time. He was arrested by Croatian troops near the
village of Delije (witness453196-39). Also present during his arrest
was his wife (witness 453196-49) who managed to escape and
another witness 453196-46 who saw when the soldiers took
Barjaktarevic away. His dead body was found in the collective tomb
in Mrkonjic Grad. On 4 April 1996, forensic pathologists performed a
post-mortem and, according to their opinion, there was great
probability that the victim died a violent death caused by destruction
of the skull.ince most of the scalp tissue and the bones constituting
the roof of the cranium were missing, the forensic pathologists could
not specify what kind of a murder instrument was used and how the
skull was destroyed (post-mortem forensic report S. 160196). 5. Milan Batinic, born in Graëac, municipality of Graëac, on 1
January 1956; son of Branko. After his body was found in the
collective tomb in Mrkonjic Grad, a post-mortem was performed.
Pathological findings listed skull destruction with impressed fracture of
the facialbones inflicted with a blunt end of a heavy swinging object,
so it was concluded with a great degree of probability that the victim
had died a violent death caused by destruction of the skull. (S.
171196)
6. Vaso Belenzada, born in the village of Rudine, municipality
of GlamoC, on 8 November 1957; father Nikola and mother Stana.
After his body was exhumed from the collective tomb in Mrkonjic
Grad, a post-mortem performed on 7 April 1996, showed that a major
part of cranial bones and soft tissue was missing, so the forensic
pathologists were unable to determine with certainty what kind of a
murder instrument was used and how the skull was destroyed: it was
concluded with a great degree of probability that the victim had died
a violent death caused by destruction of the skull.(S.178/96).
7. Petar Bjelajac, from PodraSnica, born in the village of
PodraSnica, municipality of Mrkonjic Grad, on 29 September 1947;
son of Mitar. He was last seen by his daughter - witness 409196-8 -
on 6 October 1995, when he joined his unit of the Republic of
Srpska Army which was defending the area. His belongings were
found in th3 village of PodraSnica and, according to the slogans on
the walls of some of the village houses that the witness saw on her
way back, she presumed that the Fourth Brigade of the Guards from
Split had captured the area and probably killed her father. His body
was found in the collective tomb in Mrkonjic Grad. In the opinion of
the forensic pathologists, there is a great degree of probability that
the victim died a violent death caused by destruction and damage of
vitalbrain and rierve centres along the bullet tract of the explosive
wound. (S. 147196)
8. Slavko Bjelanovic, born in the village of Gornji Zemunik,
municipality of Zadar, on 24 November, 1957; son of ~piro. The
autopsy of his body showed a wound in the lower central part of the
right side of his abdomen which is by nature a penetrating wound
(vulnus sclopetarium) inflicted by a projectile from an infantry weapon
probably fired from a considêrable distance. Tracingof the bullet tract
showed that it entered the body front to back and at an upward, right
636to left angle. Most of the scalp tissue and the bones constituting the
roof of the cranium were missing so the forensic pathologists were
unable to determine with certainty what kind of a murder instrument
was used and how the skull was destroyed. It was, however,
concluded with a great degree of probability that the victim had died
a violent death caused by destruction of the skull. (S.172196)
9. Milan Bjelobaba, from Apatin, 35 Doie Djordja Street, born
in the village of Chdici, municipality of Korenica, on 31 January
1959; son of Petar and Desanka. A post-mortem of his body was
performed on 6 April 1996, on the cemetery in Mrkonjic Grad. It
showed multiple wounds on his head and chest inflicted by mine
shrapnel or fragments of a similar explosive device which was the
most probable cause of death. (S 165196).
10. Milorad Bogojevic (Borojevic), born in Mrkonjic Grad,
municipality of Mrkonjic Grad. on 31 July 1964; son of Slobodan. He
was at his defence position in the unit of the Republic of Srpska
Army which was defending Mrkonjic Grad. When the Croat troops
captured the area on 10 October 1995, he did not show up at home
and his wife (witness 360196-38)did not know what had happened to
him. His body was found in the collective tomb in Mrkonjic Grad and
a post-mortem was performed. It revealed a perforating gunshot
wound (vulnus perforans) caused by a projectile fired from an infantry
weapon. Since the entry wound was on the right side of the victim's
back, it can be presumed that his death was violent and most
probably of a homicidal character. (S. 84/96)
11. Petar Boiic, from Mrkonjic Grad, born in the village of
Magalj Do, municipality of Mrkonjic Grad, on 20 February 1953; son
of Stojan and Mara (nee Tufegdiic). As a soldier of the Republic of
Srpska Army he was stationed in the village of Surjan when the area
was occupied on Clctober 10, 1995. From then till 3 April 1996, his
wife (witness 360196-46) did not hear from him. His body was found
in the collective tomb on Mrkonjic Grad cemetery. At the post-mortem,
the forensic pathologists found multiple fractures of his rib cage (ribs
Il-VI1 on the right and Ill-V on the left side) inflicted with the blunt
end of a heavy, swinging mechanical instrument, so it is presumed
that his death was violent and caused by impaired breathing resulting
from multiple fractures on bothsides of the rib cage. (S. 85/96). 12. Stojan Boiic, a pensioner from Medna, born in the village
of Medna, municipality of Mrkonjic Grad, in 1910; son of Marko and
Janja (nee Babic). After 8 October 1995, when the members of his
family, including witness 409196-22, had left the village for Banja
Luka, he remained alone in his home. From that time till 4 February
1996, when the village was given back to the Republic of Srpska, the
family had not heard from him. That day, his body was found in the
yard in front of the stable. bloodstained wooden stake, 1.5 m long
and some 5-6 cm in diameter, was found lying next to his body. It
was most probably the murder weapon since his cranial bones were
fractured. On 9 February without first notifying the authorities about
it, the family buried the body in the village cemetery.
13. Jagoda Bojic, born in the village of Trijebovo, municipality
of Mrkonjic Grad, on 28 January, 1932; daughter of Ilija. Her body
was also found in the collective tomb in Mrkonjic Grad cemetery. A
post-mortem revealed penetrating gunshot wounds (vulnus
sclopetarium) in the area of the abdomen and the left thigh. The
victim probably bled to death along the bullet cavity of the abdominal
wound which was inflicted by a projectile fired from an infantry
weapon. (S. 124196)
14. Jovan BoSkan, a worker from Surjan, born in the village of
Surjan, municipality of MrkonjicGrad, in 1930; son of Ilija and Milja
(nee Peric). On October 10, 1995, when this territory was occupied,
he remained in his home in Surjan. His family members, including
witness 409196-24, knew nothing about his fate until the collective
tomb in Mrkonjic Grad cemetery was opened. A post-mortem revealed
a gunshot penetrating entry wound below the left shoulder-blade
caused by a projectile most probably fired at a distance from an
infantry weapon. In al1 likelihood, the cause of death was violent and
resulted from profuse bleeding from severed blood-vessels along the
cavity of the bullet tract which ended at the third thoracic vertebra
where a deformed calibre 7.62 mm rifle projectile was found. (S.
35196)
15. Svetko BoSkan, from Mrkonjic Grad, born in the village of
Surjan, municipality of Mrkonjic Grad, in 1962; son of Jova and
DuSanka (nee PodraSCanin). He was a reservist in the Republic of
Srpska Army and was last heard of on 8 October 1995, when he
telephoned his wife (witness 360196-50) when she lefi their home
638before the expected attack of the Croatian army. His family believed
he hsd been captured and taken to a Croatian pow camp until his
body was found when the collective tomb on Mrkonjic Grad cemetery
was opened. A post-mortem revealed that there was a great degree
of probability that the victim had died a violent death, most likely of a
homicidal character. It was caused by destruction of vital brain
centres along the cavity of a perforating gunshot wound of the head
inflicted by a projectile fired from an infantry weapon. (S. 89196)
16. Sreto Brkic, born in the village of Donji Vrbljani,
municipality of KljuE, on 20 June 1957; son of Milo and Milica (nee
Djurdjevic). He was iiî the Republic of Srpska Army and, according to
the information his brother (453196-26)obtained, he was captured with
a group of RSA soldiers by the Croatian army and killed in the
village of Velije. His body was found in the collective tomb in Mrkonjic
Grad and a post-mortem was conducted by Dr Sîankovic's expert
team. They reported that there was a great degree of probability that
the victim had died a violent death which resulted from profuse
bleeding from severed blood-vessels of the abdominal organs and of
the lefi arrn caused by mine shrapnel or fragments of a similar
explosive device. (S. 161196)
17. Zoran Brkovic, from 3 Bihacka street, Banja Luka, born in
Banja Luka, municipality of Banja Luka, on 3 March1955; son of
Djordje and Grozda Jokic. As a member of the Republic of Srpska
Army he was in the village of Dabrac and was last seen at home by
his wife (witness 426196-54) on 1 October 1995. After the territory
had been captured, she was officially informed that he was listed as
missing by the military authorities. Later on, his body was found in
the collective tomb in Mrkonjic Grad. A post-mortem revealed an
injury in the right armpit area inflicted by mine shrapnel or fragments
of a similar explosive device which was the most likely cause of
death. (S. 119196)
18. Ratko BuaC,from the village of Gornja Slatina, muriicipality
of Ribnik, born in the same village, on 25 September 1945; son of
Milan and Marica (nee Gvizac). According to what his wife (witness
453196-48) found out, he was captured on 14 September 1995, and
his body was later found on Lisina mountain. The army brought it
back to Banja Luka where the witness and her son identified it and,on that occasion, noted a perforating gunshot wound on the right side
of the chest.
19. llija Bubnjevic, from Gerzovo, municipality of Mrkonjic
Grad, born in the same village, in 1940; son of Pavle and Zorka (nee
Bubnjevic). He remained in his village when it was occupied in
September 1995. His remains were exhumed on 6 April 1996.
(documetit 491196and 584196).Only bone fragments were found.
20. Nikola Bubnjevic, a farmer from the village of Gerzovo,
municipality of MrkonjicGrad, born in Gerzovo, on 27 October 1935;
son of Pavle and Trivuna (nee Zec). He was unable to walk due to
his sprained left ankle and was still at his home when the village was
taken by the Groatian army on 10 October 1995. On 23 February
1996, when his brother (witness 426196-40) returned to the village, he
found Nikola BubnjeviC's dead body near his home. His throat was
slashed and he had injuries on and around the mouth. He buried the
body on the village cemetery without first notifying the authorities.
21. Radojka Bubnjevic, from Gerzovo, municipality of Mrkonjic
Grad, born in Gerzovo, in 1936; daughter of Stevan and Rosa (nee
Stanic). She remained in her village after it was occupied in
September 1995. The relatives found her remains in the ashes of her
burnt house and buried them. On 6 April 1996, the coroner ordered
the exhumation of her body upon which a forensic pathologist found
multiple fractures of the right temporal bone on theskull, a fracture of
the frontal bone and noted that the rest of the skeleton was charred.
(document 491 196)
22. Andja Bunjac, a housewife from the hamlet of Miljevac in
Gornji Ribnik, born in the same village, in 1902; daughter of Mija.
After 14 September 1995, she stayed on at home. On 4 February
1996, her grandson (witness 453196-38) found her decomposing body
in the stable of her neighbour Milivojko Pucar. He reported the case
to the authorities who conducted an inquest at the scene of the
crime.
23. Simo BuSin, from the village of Gornja Pecka, municipality
of Mrkonjic Grad, born in the village of Pecka, municipality of Mrkonjic
Grad, on 7 February 1972; son of DuSan and Vesa. He was in the
Republic of Srpska Army and was last seen at home in mid-
640September 1995. He then returned to his unit where he remained
until 10 October 1995, when the municipality of Mrkonjic Grad was
captured (witness 360196-51). When the collective tomb on Mrkonjic
Grad cemetery was dug up, his body was found too. A post-mortem
revealed an injury around the coccyx area of the spine and severe
destruction of the abdominal interna1organs caused by mine shrapnel
or fragments of a sirriilar explosive devi-ea grenade. (S. 79/96)
24. Velibor Vasic, born in the village of BucevaCa, municipality
of Kupres, on 9 March 1963; son of SreCa. His body was found in
the collective tomb in Mrkonjic Grad. Since most of the scalp tissue
and the bones constituting the roof of the cranium and face were
missing, the forensic pathologists concluded that it was highly likely
that the cause of death was destruction of tlie cranium and that it
was of a homicidal character. (S. 49196)
25. Dragan Vasic, from BrCko, born in the village of Donji
~abari, municipality of OraSje, on 14 January 1945; son of Jovo. His
body was found in the collective tomb in Mrkorijic Grad. A post-
mortem revealed a perforating gunshot wound on his head inflicted by
a projectile firedrorri an infantry weapon. The bullet tract was traced
upward and back to front, with an exit wound in the area of the right
eye. (S. 131196)
26. llija Velimir, from Kupres, born in the village of Rilic,
municipality of Kupres, on 25 January 1968; son of Zdravko. After his
body was found in the collective tomb in Mrkonjic Grad, it was
subjected to a post-mortem which, in the opinion of the forensic
pathologists, revealed grounds for strong suspicion that death was of
a homicidal character and caused by profuse bleeding from jugular
blood-vessels severed with the biade of a swinging mechanical
instrument. (S. 51196)
27. Boja VidaCkovic, a housewife from BoCac, born in 1927;
daughter of Djuka. She was still in the village when the Croatian
army captured it. Her remains were found in her burnt home on 7
February 1996 (witness 426196-44). She was suffering from a chronic
disease and unable 'towalk (584196).
28. Djuka Vidovic, a housewife from BoCac, born in the village
13 May 1910; daughter of
of BoCac, municipality of Banja Luka, on
641llija and Simeuna (nee Uletilovic). She was still in the village when
the Croatian army captured it on 12 October 1995. From then on,
nobody knew anything about her fate until her body was found in the
collective tomb in Mrkonjic Grad cemetery (according to witness
410196-8). Pathologists found injuries consistent with those usually
inflicted by mine shrapnel or fragments of similar explosive devices.
(S. 46/96)
29. Drago Vicic, from Mrkonjic Grad, born in Mrkonjic Grad,
municipality of Mrkonjic Grad, on 20 March 1963; son of Jova and
Stoja (nee Kajkara). As a soldier in the Republic of Srpska Army, he
was at his pcst on October 10, 1995, when the territory was captured
by the Fourth Croatian Brigade of the Guards from Split. According to
the testimony of his wife (witness 409196-3), he was then captured
and his body was later found in the collective tomb in Mrkonjic Grad.
As the most probable cause of death, a post-mortem revealed three
parforating gunshot wounds on the victim's body. His right collar-bone
was also fractured as a result of a blow with a blunt end of a heavy,
swinging mechanical instrument. (S. 151 196)
30. Stevo Vojvodic, born in the village of Brdo, municipality of
Mrkonjic Grad, on 20 June 1946; son of Jovan. He was last seen on
8 October 1995, when he visited his home (testimony of his wife -
witness 360196-34). After that, he returned to the front-line and, as far
as his relatives know, was captured there. His body was fotind in the
collective tomb on Mrkonjic Grad cemetery. According to the opinion
of the pathologists, his death was most likely a violent one and was
caused by destruction of vital orain centres resulting from mine
shrapnel or fragments of a similar explosive device. (S. 98/96)
31. Osto Vranic, a farmer from LipovaSa, municipality of
~ipovo, born in the same village, in 1912; son of Jova and Petra
(nee Devic). Since he was suffering from a chronic disease and
unable to move, he remained in the village when the Croatian army
occupied it. On 8 February 1996, when his son (witness 426196-29)
returned to the village, he found his father's house burnt and in the
place where Osto's sick bed had once been, he came upon his
remains - fragments of charred bones which he collected and buried.
He believes that his father was burned alive in his home. 32. Branimir Vujic, a professional driver from Rastoka, born in
the village of Rastoka, municipality of KljuC, on 19 March 1951; son
of Miroslav and Ruia (nee Dmitrovic). He was involved in the
defence of Mrkonjic Grad when the area was occupied on 10 October
1995, but his father (witness 453196-21) was unable to find out
anything about him until his body was found in the collective tomb in
Mrkonjic Grad. A post-mortem revealed the following injuries: lesions
on both shins caused by mine shrapnel or fragments of a similar
explosive device, a wound in the area of his right thigh inflicted by a
projectile fired from an infantry weapon, most likely from a
considerable distance, with the bullet tract front to back, and a
fracture of the right collar-bone and lower jaw-bone caused by a blow
with a blunt end of a heavy, swinging mechanical instrument. Based
on these forensic findings, the pathologists were of an opinion that, in
al1 likelihood, the cause of death was violent and resulted from
profuse bleeding from severed blood-vessels along the cavities of the
explosive wounds of both shins and that of the perforating gunshot
wound in the right thigh.(S. 23/96)
33. Ljubo VujiCic, born in the village of Zagona, municipality of
Bijeljina, on 10 August 1963; son of Cvijetko. His dead body was
found in Mrkonjic Grad where a post-mortem was subsequently
performed. It gave clear indication that, in al1 probability, he died a
violent death caused by destruction of the cranium. However, due to
the fact that large portions of tissue and bone were missing, the
pathologists were unable to specify what kind of a murder instrument
was used and how the skull was destroyed. Explosive wounds
inflicted by mine shrapnel or fragments of a similar explosive device
were also found on the victim's back. (S. 156/96)
34. Milan Vukovic, from 3 Milana Liëine street, Banja Luka,
born in Kranj, municipality of Kranj, in 1948; son of DuSan. After his
body was disinterred from the collective tomb in Mrkonjic Grad, a
post-mortem was performed. It revealed a perforating gunshot wound
on the head inflicted by a projectile fired from an infantry weapon,
most likely at point-blank range, so the pathologists were of an
opinion that it was the most probable cause of death. Moreover, they
found a laceration in the area of the right breast inflicted with the
blade of a swinging, mechanical object. (S. 133196) 35. Branko Vuksan, from Boëac, born in BoEac, municipality of
Banja Luka, in 1925; son of Nikola and Stoja (nee Antonic). On 11
October 1995, when his village was occupied by the Croatian army,
he was still in it. His body was found in the collective tomb in
Mrkonjic Grad in early April 1996. According to his daughter (453196-
IO), his face was completely smashed, his livestock taken away and
his house plundered. Based on post-mortem findings, pathologists
suggested that there is a great degree of probability that the victim
died a violent death resulting from thedamage to vital Drain centres
caused by the impressed bone fracture of the right side of the face.
(S. 43196)
36. Vlado Vuksan, from BoCac, born in Boëac, in' 1958; son of
Branko and Desa (nee MaleSevic). He was at home in the village
with his father when BoEac was occupied by the Croatian army. Later
when a Serb military unit entered the village, the soldiers found
Vlado's body and transported it to Banja Luka on 6 November 1995,
when a post-mortem was performed (witness 453196-10).
37. Slobodan VuCkovic, born in Bileca, on 15 March 1946;
son of Spasoje and Ljubica. His body was found in the collective
tomb in Mrkonjic Grad with perforating gunshot wounds on the head
and a penetrating gunshot wound on the neck. It was suggested that
the most probable cause of death was destruction and damage of
major brain centres along the cavities of the perforating wounds. A
deformed metal projectile of 7.65 mm pistol calibre was found lodged
in a spinal vertebra. (S. 116/96)
38. Boro Galic, from 13 Novice ~erovica street, Banja Luka,
born in Banja Luka, municipality of Banja Luka, on 14 Decernber
1969; son of Nikola and Milena (nee Jovic). As a soldier of the
Republic of Srpska Army he was stationed in ~iEina Kosa area when
it was occupied by the Croatian army on 18 October 1995. His wife
(witness 426196-55) was informed of his disappearance. A post-
mortem of his body revealed multiple gunshot wounds: the first one
was of a perforating type with an entry wound in the right shoulder
just below the collar-bone and an exit wound in the lefi armpit area;
the second wound was on the inside of the left forearm with the
bullet tract traced front to back; the third wound was, in fact, an
impressed bone fracture of the right cheek-bone inflicted with the
blunt end of a heavy, swinging mechanical instrument. In the opinion
644of the pathologists, the cause of death was most likely violent and
resulted from profuse bleeding from severed blood-vessels along the
cavities of the perforating wounds as well as from damage done to
vital brain centres.S. 1/96)
39. Milosav Galic, from Bukvalek, born in Bukvalek,
municipality of Banja Luka, on 12 September 1947; son of Sava and
Bjelica (nee Matic). On October 10, 1995, he and his son were in the
forest of Liskovica, near the village of Bjelajce, municipality of
Mrkonjic Grad, wheri the area was occupied by the Croatian army.
On 15 April 1996, his brother (witness 453196-11) found his body and
the bodies of two soldiers. He noticed that he had a perforating
gunshot wound on his chest.
40. Milorad Gligoric, from Kadinjani, born in the village of
Kadinjani, municipality of LaktaSi, on March 1953; son of Cvija.
According to the notice which the army command sent to his sister
(witness 453196-15),he was captured by the Croatian army at Dabrac
motel, on 11 October 1995. This was further corroborated by witness
453196-16 whose husband was also captured with Gligoric. His body
was found in the collective tomb an Mrkonjic Grad cemetery in early
April 1996. A post-mortem revealed explosive wounds on both
shoulders, one thigh and one armpit which were consistent with those
usually inflicted by mine shrapnel or fragments of similar explosive
devices. (S. 109196)
41. DuSan Golic, from the village of Boraci, son of Marko.
According to the information gathered, he and his brother were killed
by Croatian soldiers in September 1995. Their bodies were found on
2 April 1996, so Dr Curkic gave an opinion that he had been killed
by a blow with a hard, blunt instrument in the head and chest area.
(584196).
42. Jova Golic, from the village of Boraci, son of Marko.
According to the information gathered, he and his brother were killed
by Croatian soldiers in September 1995. Their bodies were found on
2 April 1996, so Dr Curkic gave an opinion that he had been killed
by a blow with a hard, blunt instrument in the head and chest area.
(584196). 43. Vlado Grahovac, from the village of ~itluk, municipality of
~ipovo, born in the same village in 1956, son of Gojko and Milica. As
a soldier, he was captured by the Croatian army in September 1995.
As his father, witness 426196-8, found out, he was killed near the
village of Babin Do after he had been captured. He was shown the
site where Vlada's body had remained, but there he only found traces
of fire andpieces of garments worn by his late son. He gathered the
ashes and buried them as remains of his son's body. Witness
426196-14 eyewitnessed the capturing of Vlada Grahovac. He also
saw that Croatian soldiers had subsequently shot him and that the
body had remained by the road.
44. Zoran Grgic, from the village of Rudeljice, municipality of
Ribnik, born in the village of Ljubinje, municipality ofKljuc, on 10
September 1927, son of Vasa and Mira (nee Marinkovic). He
remained in his village on September 14, 1995, when the Croat-
Muslim Army captured it. When the village of MiSkovici was liberated
in February 1996, his nephew - witness 453196-42 found his body
buried there. After he had informed the police in Banja Luka an
inquest was conducted (584196). He had several perforating gunshot
wounds in the chest. He had a watch which stopped on 19
September 1995, so it is presumed that he had been killed the
previous day.
45. Gavro GrmaS, from Mrkonjic Grad, born in the village of
Surjan, municipality of Mrkonjicrad, on 7 July 1947, son of Mihajlo.
He used to be in the Army of the Republic of Srpska and, according
to the statement made by his wife (witness 369196-35), the Croatian
Army captured him in Surjan. The post-mortem recorded injuries
below the knees, left thigh and right buttock, inflicted by mine
shrapnel or fragments of a similar explosive device, most of the
connective tissue of the scalp and part of the cranial bones were
missing, so it was concluded with a great degree of probability that
the victim had died a violent death caused by destruction of theskull.
(S.112196)
46. Mara GrmaS, a housewife from the village of Surjan, born
in the village ofBoCac, municipality of Banja Luka, in 1955, daughter
of Gojko and Cvijeta Vidovic. She remained in the village with her
husband when the Croatian Army captured it in October 1995. Their
bodies were found (witness 426196-47) in the collective grave in
646Mrkonjic Grad. Mara's head was bashed in. On the basis of the post-
modem report, the doctors gave the opinion that the likely cause of
death is the destruction and damage of the vital brain centres caused
by impressed fracture of the left parietal-temporal bone inflicted with a
hard, blunt mechanical instrument. Her left collarbone and first left rib
were also broken with the same instrument. (S. 31/96)
47. Pantelija GrmaS, a farmer from Surjan, born in July 1926,
son of Stanko and Joka (nee AniCic). Remained in the village with his
wife Sava, when the Croatian army captured Surjan in October 1995.
They gave shelter to six of their relatives in their house: Jela and
Radojka JorganCevic, Branko, Nevenka and Radojka Roiic and
Branko Kudro. Wheri his sons (witness 360196-16)came to the viliage
on 8 April 1996, they found the house burnt down to the ground and
the remains of the bodies of al1 of these 8 people, which was
established by the investigative judge of the court martial in Banja
Luka on 10 April when he came out at the scene with forensic
specialist, Dr Curkic. (470196)
48. Petar GrmaS from Mrkonjic Grad, born in the village of
Surjan, municipality of MrkonjicGrad on 10 July 1954, son of Ratko
and Mila (nee cirkovic). He remained in the village with his wife
when this area was occupied by the Croatian army on October 10,
1995. According to the statements made by their relative - witness
426196-47, after the liberation of the village, their house was found
burnt down to the ground, while their bodies were found in a tomb on
the Christian Orîhodox cemetery in Mrkonjic Grad. According to the
opinion of the doc1:orswho performed the post-mortem, there was
great probability that the victim had died a violent death caused by
destruction of theskull. (S. 29196)
49. Sava GrmaS, a housewife from Surjan, born in Surjan, in
1928, daughter of JoSa AniCic. Remained with her husband Pantelija
in their house with six other relatives when the Croatian army
captured Surjan in October 1995. All of them were subsequently killed
and their remains found at the site of their burnt-down house by their
sons who returned to the village on 8 April 1996. (witness 360196-16,
470196).
50. Dobrivoje Gustovarac, a salesman from Banja Luka, born
in Banja Luka, the municipality of Banja Luka, on 26 June 1954, son
647of Radovan and Danica (nee Gustovarac). He was at his post above
the village of BoEac with his unit and a few days before the capturing
of Mrkonjic Grad was the last time he had telephoned his mother
(witness 426196-56). His body was found in the tomb in Mrkonjic
Grad with the bones of the back of the head bashed in. The post-
mortem found that a part of cranial bones and sof3 tissue were
missing, so it was concluded with a great degree of probability that
the victim had died a violent death - of a homicidal character caused
by destruction of the skull. It also revealed injuries on the right thigh
and right forearm with a bone fracture inflicted with the blunt end of a
heavy swinging object. An injury on the right side of the stomach was
also found, covered in white bandage, which represents a wound
treated by professionals. (S. 115/96)
51. Stevo Damjanovic, from the village of Potoci, municipality
of Ribnik. Remained in his village when it was taken over by the
Croatian army on 13 September 1995. He was subsequently killed
(witness 426/96-41).
52. Dragan Danilovic from the village of PodraSnice, born on
26 February 1939, son of Steva and Stana (nee Pekez). Along with
the members of his family he started to flee from the village before
the Croatian army on 10 October 1995. According to witness 409196-
9, he returned home to let the livestock out of the stable. On 4
February 1996, when PodraSnica was returned to the Republic of
Srpska, Dragan's father found his son's body in front of the house
and buried it by his own father's grave - the grave of Dragan's
grandfather - killed by the Ustashas in 1941.
53. Joka Danilovic, from the village of Vrbljani, municipality of
Ribnik, remained in her village when it was occupied. She was found
hanged in Strajinici (549196).
54. Milica Danilovic, a housewife from the village of Vrbljani,
municipality of Ribnik, born in Vrbovljani, on 12 September 1927,
daughter of Milan. She remained in her house when her village was
occupied. In early February 1996, when Ribnik was returned to the
Republic of Srpska, her body was found hanged in the outhouse
used for smoking meat. Her relatives believe that she was hanged by
the Muslim army (witness 453196-28).The body was buried without a
post-mortem.
648 55. Goran Disdic, from PodraSnica, municipality of Mrkonjic
Grad, where he was born on 1 January 1967, son of Sima. His body
was disinterred from the tomb in Mrkonjic Grad on 4 April 1996. The
doctors' opinion was that it could be stated with a great degree of
probability that the death was violent and caused by bleeding from
soft tissues and severed blood-vessels of the left upper arm, left thigh
and organs of the Ieft side of the rib cage, along the cavity of the
bullet tracts (on the rib cage, lefî forearrn and left thigh) and from the
explosive wound on the left upper arm. (S. 162196)
56. Milo Dmitrovic, born in the hamlet of Smiljanici, in 1954,
son of Sava and Deva (nee Davidovic). Almost blind, he remained
with his father Sava in his house in Gornji Ribnik when the village
was occupied on September 14, 1995. Witness 453/96-40 also
remained in the village in hiding. A few days after 14 September he
saw the bodies of his relatives Milo and his father Sava in the yard
of their house and saw that their throats were slit. In mid-February
1996, when his brother (453196-34) returned to the village, he found
Milo's slaughtered body in the front yard and saw several perforating
gunshot wounds. After investigation, the body was buried.
57. Sava Drriitrovic, born in the hamlet of Smiljanici, Gornji
Ribnik, in 1907, son of Sima and Joka. He remained with his half-
blind son in their house in Gornji Ribnik when the village was
occupied on 14 September 1995. In mid-February 1996, when his
other son (453196-34) returned to the village, he found his father's
body slaughtered in the front yard. After investigation, the body was
buried.
58. llija Drvar, a worker from Gustovare, born in the village of
Gustovare, municipality of Mrkonjic Grad, in 1954, son of Jova and
Stana (nee Vujasin). He was with the Army of the Republic of Srpska
which was defending the area of Mrkonjic Grad when it was taken by
the Croatian Army on 10 October 1995. His destiny was unknown
until early April996',when the collective tomb in Mrkonjic Grad was
opened and his body found there (witness 409196-35). The doctors
found a perforating bullet cavity in the head inflicted by a projectile
fired from an infantry weapon, and, according to their opinion, he died
a violent death caused by the destruction of vital brain centres along
the cavity of the bullet tract. (S. 145196)
649 59. Andja Drinic (nee Areianina), a housewife from Boëac,
born in the village of Boëac, municipality of Banja Luka, in 1910;
daughter of Nikola and Stana (nee Maric). Being well advanced in
years, she remained in the village along with her sister in the hope
that the Croatian army which captured BoCac on 12 October 1995,
would not hurt them (witness 410196-4). Her body was found in the
collective tomb in Mrkonjic grad. The doctors were of an opinion that
it could be stated with a great degree of probability that the death
was violent and caused by bleeding from severed blood-vessels along
the cavity of the bullet tracts in the right thigh and lefl shin. (S.
18/96)
60. Slobodan Duvnjak from i3anja Luka, born in the village of
Donji Malovan, municipality of Kupres, on 21 April 1942; son of Jova.
A post-mortem revealed injuries of the left side of the coccyx area of
the spine and an impressed fracture of the central part of facial
bones with the destruction of the cranium. The former represents an
explosive wound inflicted by fragments of a mine shrapnel or some
similar explosive device, while the latter was inflicted with the blunt
end of a heavy swinging object. On the basis of these medical
findings, it can be concluded with a great degree of probability that
the victim had died a violent death caused by destruction of vital
brain centres. (S. 27/96)
61. Stevo Duvnjak, a salesman from sipovo, born in the
village of~itluk, municipality of ~ipovo, on 22 August 1954; son of
Krsta and Andja (nee NiSic). He was with the Army of the Republic
of Srpska. His father (witness 426196-7) last saw him in September
1995, and received no further information about him until his body,
with the upper part of the head destroyed, was found in the tomb in
Mrkonjic Grad. (S. 95/96)
62. Blaio Djakovic, from the village of Potoci, municipality of
Ribnik. He remained in his village when it was occupied by the
Croatian army on 13 September 1995. He was subsequently killed
(witness 426196-41).
63. Jovanka Djukic, from Donje Ratkovo, the hamlet of Djukic,
born in 1924, daughter of MilIoS. Paralysed, she remained in the
village along with her husband. Their bodies were found on 27
650February 1996, when investigation and post-mortem were conducted
by Dr Karan who was of the opinion that she had been first killed
and then her body set on fire in her farnily house (584196).
64. Mara Djukic, frorn the village of Sredice, rnunicipality of
Ribnik, born in the village of Busije, rnunicipality of KljuE, on 25 April
1913; daughter of Panta and Joka (nee Banjac). She rernained in her
house on September 14, 1995. When her grandson (witness 453/96-
41) returned to the village on 7 March 1996, he found her body
decomposing on the floor. He could not examine it in detail and
buried it irnrnediately without notifying the authorities. It is presumed
that she was killed, :;ince she had been of sound health.
65. Milka Djukic, from the village of Vrbljani, municipality of
Ribnik, born in the village of Mrdje, municipality of Petrovac, in 1907;
daughter of Steva. She remained in her village on 14 September
1995, when it was occupied by the Croatian-Muslim army. According
to witness 453196-26, her body was found in a forest near her house
after the village was liberated, in early 1996. Her throat was slit. This
was confirrned by her daughter (witness 453196-27) who buried her
without notifying the authorities.
66. Mirko Djukic, from Donje Ratkovo, the hamlet of Djukic,
born in 1924; son of Djura. He remained in the village with his
paralysed wife. Theilr bodies were found on 27 February 1996, when
investigation and post-mortern were conducted by Dr Karan. (584196).
67. Mihajlo Djukic, from the village of Donje Rakovo,
municipality of Ribnik, born in this village, on 8 June 1935; son of
Dimitrije. He remained in the village on 18 September 1995, when it
was occupied by 21 Muslim army unit from Vitez. His daughter -
witness 426196-52 - found his grave by the road, about one kilornetre
away from the house. After the exhumation was performed on March
6, 1996, by orders of the investigative judge from Banja Luka a
perforating wound on the head was found. (584196).
68. Obrad Djukic, a forester, born in Donja Previja,
municipality of Ribnik, on 16 February 1926; son of Jova and
Jovanka (nee Risovic). He remained in his house in Donja Previja
when the village was occupied in mid-September 1995. He used to
Say that he was not guilty of anything and that there was no need for
65 1him to run away. When this area was returned to the Republic of
Srpska in mid-February 1996, his daughter (453196-22) found her
father's body near the house of her neighbour. Fire had been lit on
his chest so that part of his body burned down. After the
investigation, she buried the body on the village cemetery. An
inscription "126th sabotage brigade" remained on her neighbour's
house in the village.
69. Stana Djukic, from the village of Sredice, municipality of
Ribnik, born in this village, in 1922; daughter of Stojan and Deva
(nee Kasapovic). She rernained in her village on 14 September 1995,
and when her sister (witness 453196-45) returned to the village, she
found her body near the house and buried it immediately without
requesting an investigation. It is presumed that she was killed by
Croatian soldiers,since that is what they did with al1other inhabitants
who remained in the village.
70. Stevo Djukic, from the village of Vrbljani, municipality of
Ribnik, born in the village of Vrbovljani, now municipality of Ribnik, in
1937, son of llija and Milka (nee Mrdjan). He remained with his
mother Milka in their village when it was occupied by the Croatian-
Muslim army. After the village was liberated, in February 1996, he
was found slaughtered (witness 453196-26). His sister (453196-27)
states that he was on the couch in the house and that his throat was
slit.
71. Danilo Djurdjevic, a pensioner from Boëac, born in the
village of BoEac, municipality of Banja Luka, on 10 December 1921,
son of Simeun and Simeona. According to the statement submitted by
his son (witness 410196-7), he had suffered a stroke before the war
and had remained paralysed, so he could not leave his house when
the Croatian army occupied this village on October 12, 1995. His
body was found in the collective tomb on the Mrkonjic Grad
cemetery. On the basis of the post-mortem report, an opinion was
given that there is a great degree of probability that his death was
violent and caused by bleeding from severed blood-vessels along the
cavity of the explosive wounds in the chest. The wounds above the
left collar-bone and on the right side of the chest are explosive
wounds inflicted by fragments of a mine shrapnel or some similar
explosive device. Also found were fractures of ribs Il-V on the rightside of the rib cage, approximately at breast-line level and probably
inflicted after death.:S. 12/96)
72. Branko Djuric, born in the village of Kudilja, municipality of
Kupres, on 19 June '1962, son of Bogoljub. A post-mortem revealed a
wound below the left collar-bone, inflicted by a projectile fired from an
infantry weapon which stretches, in the form of a cavity, through the
skin, the subcutaneous tissue muscles and the skin of the left armpit
where there is an ex:it wound. There was also an impressed fracture
on the left side of the face inflicted with the blunt end of a heavy,
swinging instrument. According to the doctors' opinion, it can be
concluded with a great degree of probability that the victim had died
a violent death caused by destruction of vital brain centres. (S. 57196)
73. Vukosava DjuriEic, from Vrbljani, municipality of Ribnik.
She remained in her village when it was occupied since she lived on
her own. Her body was found after the village had been liberated.
(549196).
74. Nevenkcl ~arkovic, from Benkovac, born in Zadar,
municipality of Zadar, on 22 September 1956; son of ~arko. His body
was found in the collective tomb at the Christian Orthodox cemetery
in Mrkonjic Grad on 7 April 996. A post-mortem was conducted which
established a multiple fracture of the ribs on the left side of the rib
cage inflicted with the blunt end of a heavy, swinging instrument. The
opinion was given that the death was probably of a homicidal
character and caused by obstruction of breathing due to the fracture
of the ribs on the left. The post-mortem also found perforating
gunshot wounds on the left side shin and left ankle. (S. 174196)
75. Lazo ~dero, born in the village of Blagaj, municipality of
Kupres, in 1971; sori of Gojko and Divna. His body was found in the
tomb in Mrkonjic Grad, so the opinion was given that the victim died
a violent death cau:sed by the destruction of the head. Also found
were injuries on the left shoulder-blade and right thigh caused by
metal parts of an explosive device, as well as fracture of the right
femur, inflicted with the blunt end of a heavy, swinging instrument. (S.
50196)
76. Borislav zilic, a worker from the village of Jablan,
municipality of LaktaSi, born in the village of Glamoriani, municipality
653of LaktaSi, in 1941; son of Mata and Mara (nee Jakovljevic). He was
in his unit of the Army of the Republic of Srpska at the post on the
Srbobran defence line. His brother, witness 453196-17, last saw him
in September 1995. His family was later informed by his military
command that he had been captured. His body was also found in the
collective tomb in MrkonjicGrad. According to the doctors' opinion, it
can be concluded with a great degree of probability that the victim
had died a violent death caused by bleeding along the bullet cavities.
They also found a fracture of the lower jaw bone inflicted with the
blunt end of a heavy swinging instrument. (S. 110196)
77. ieljko zupic, from the village of Gustovare, born in
Gustovare, municipality of MrkonjicGrad, on 26 November 1969; son
of Marko and Mileva. He was a reservist in the Army of the Republic
of Srpska and was listed as missing since 10 October 1995, when
the Croatian army captured Mrkonjic Grad. His mother found out that
he had been wounded and then captured. His body was found on 19
February 1996, in a forest in the village of Surjan and, after an
investigation had been conducted, it was buried at the village
graveyard in Gustovare. (witness 360196-45)
78. zivko zupic, from Gustovare, born in the village of
Gustovare, municipality of MrkonjicGrad, in 1971; son of Marko and
Mileva. He was reported missing as a reservist of the Army of
Republic of Srpska in the area of Mrkonjic Grad when it was
captured on 10 October 1995 (witness 360196-45). His body was
found after the tomb at the cemetery in Mrkonjic Grad had been
opened on 3 April 1996. According to the doctors' opinion, it can be
concluded with a great degree of probability that the victim had died
a violent death caused by the destruction of the head, but since part
of the connective tissue of the scalp and part of the cranial bones
were missing, the doctors could not positively specify the way and the
means which caused the destruction of the head. (S. 134196)
79. Stevan iupic, from Gustovare, born in the village of
Gustovare, municipality of MrkonjicGrad, in 1967; son of Marko and
Mileva. He was a reservist in the Army of the Republic of Srpska and
was reported missing when the area of Mrkonjic Grad was occupied
by the Croatian Army on 10 October 1995 (witness 360196-45). His
body was found in the tomb on the Christian Orthodox cemetery in
Mrkonjic Grad. A post-mortem revealed two perforating gunshot
654wounds. The one in the head was inflicted with an infantry weapon
and was the most probable cause of death. (S. 102196)
80. DuSanka Zoric, from Vrbljani, municipality of Ribnik. She
remained in her village after it had been occupied. She was missing
and, therefore, presuined, killed (549196)
81. DuSan Ilic, from Gustovare, near Mrkonjic Grad, born in
Mrkonjic Grad, municipality of Mrkonjic Grad, on 19 July 1947: son of
Milan and Gospava (nee Kudra). According to the statement made by
his son, witness 3601'96-23,he had been caught by the Croatian army
in the village of ~ehovci and his subsequent destiny had been
unknown until the toi~b in Mrkonjic Grad was opened. Since rnost of
the connective tissue of the scalp and part of the cranial bones were
missing, the forensic experts could not positively specify the way and
the means which caiised the destruction of the head, but their opinion
is that itcan be concluded with a great degree of probability that the
victim had died a violent death caused by the destruction of the
head. (S. 125196)
82. Milenko Javorac, from Banja Luka, born in Banja Luka,
municipality of Banja Luka, on 14 October 1971; son of ~ivko. On 5
April 1996, a post-mortem of his body was performed at the cemetery
in Mrkonjic Grad which revealed two penetrating gunshot wounds: the
entry wour?dsbeing in the area of the left breast and the upper third
of the lefî thigh. The pathologists were of an opinion that ihere was a
great degree of probability that the victim died a violent death which
was of a homicidal character and caused by bleeding along the
cavities of the bullet tracts. Apart from this, the post-mortem also
revealed a fracture of the lower jaw bone inflicted with the blunt end
of a heavy swinging instrument. (S. 122196)
83. Djuro Jakovljevic, born in 1916, son of Toda. He remained
in the village of Baraci, municipality of Mrkonjic Grad, after it had
been taken by the Croatian Army. On 10 February 1996, his body
was found in the stable of Boia Tadic from Barac, so an
investigation and a post-mortem were conducted. It was established
that he had died of exhaustion and hypothermia. (584196).
84. Milorad Jandric, from the village of ~ifluk, born in the
village of cifluk, municipality of sipovo, on 3 August 1957; son of
655Petar and Mirjana (nee Jandric). His wife (witness 426196-9) last saw
him on 9 September 1995, when he returned to his unit attached to
the 7th Brigade of the Army of the Republic of Srpska, which was
first stationed in the area of Kupres and subsequently in the area of
Mrkonjic- Grad. That day some soldiers from this brigade, including
Milorad Jandric, were captured and, as his wife later found out, killed.
His body was found in the collective tomb in Mrkonjic Grad. A post-
mortem showed injuries in the area of the chest and abdomen, on
the left thigh, on the right shin and lefi foot. Al1 of them were
explosive wounds inflicted by mine shrapnel or fragments of a similar
explosive device, which led to bleeding, and probably, death. (S.
130196)
85. Djuradj Jaric, from the village of ~ehovci, municipality of
MrkonjiCGrad, 'born in this village, on 4 May 1950; son of Nikola and
Milica. He remained in his village after the occupation on 10 October
1995, along with his sister Zorka. Their brother - witness 453196-55 -
was unable to find out what had happened to them. He presumes
that both of them were killed, but their bodies have not been found
yet.
86. Zorka Jaric, from the village of ~ehovci, municipality of
Mrkonjic Grad, born in this village, on 14 August 1939; daughter of
Nikola and Milica. She remained in her house afier 10 October 1995,
and her brother (witness 453196-55) could not find out what had
happened to her. He presumes that she was killed, but her body has
not been found yet.
87. Milica Jaric, a housewife from the village of ~ehovci,
municipality of Mrkonjic Grad, born in the village of Surjan,
municipality of Mrkonjic grad, on 19 April 1915; daughter of Pera
Djukelic and Boja (nee Trivunovic). On 10 October 1995, she went to
the village of Surjan on a visitto her relative Mirko Kostic, where she
was slaughtered in front of Mirko's house along with Mirko and his
wife Djuka. Her body was buried in the nearby field by G.O., and on
15 July 1996, the investigative judge conducted exhumation and a
post-mortem.
88. Predrag Jacimovic, born in the village of Han Kola,
municipality of Banja Luka, on 18 November 1960; son of Bogoljub
and Vinka. His body was found in the tomb in Mrkonjic Grad when
656the doctors found a perforating gunshot wound in the right temporal
lobe inflicted by a projectile shot from an infantry weapon, as well as
wound on the left side of the chest and right shin, inflicted by metal
parts of mine shrapnel or fragments of a similar explosive device.
(S.123/96)
89. Mladjen Jovandic, from the village of Jovandici, born in
the village of Jovandici, municipality of Mrkonjicrad, in 1920; son of
Milo. He fled in the direction of Banja Luka along with his daughter-
in-law (witness 409196-7), but stopped in the village of Trijebovo. His
further destiny was i~nknown until the beginning of April 1996 when
the tomb in Mrkonjic Grad was opened. His body was also found in
it.Since the body was in a state of advanced decomposition with
much of the connective tissue missing, the post-mortem could not
specify the real cause of death. (S. 142196)
90. llija Jovanovic from Vekino selo, born on 11 February 1951 in the
village of Velino selo, municipalityof Bijeljina, father Vojin. After his
body was disinterred from the collective tomb in Mrkonjic Grad, the
forensic specialists established a depressed fractureof the skull bones
as a result of a blow with a heavy, bluntand swung mechanical tool. It
can be asserted, with a great degreeof probability, that the victim died
a violent death as a result of destruction of the vital brain centres..
150196)
91. Milorad Jovanovic from the village of Plaiulje, born on 17 July
1958 in Plazulje, municipality ofGraCanica,father Ilija. After his body
had been disinterred from the tombin Mrkonjic Grad, it was established
that he had died a violent death caused by the destruction of the vital
brain centres, as a result of the depressed fractures in the right
temporal - parietal region (dealt with a heavy, blunt and swung,
rnechanical tool). The post mortem examination established also an
injury in the region of the left loin, most probably caused by an
fexplosive device. The wound was medically treated and bandaged.(W.
149196)
92. Djordje Jovic from BrCko,Starine Novaka Street No. b.b., born on
16 July 1952 in the village of ~~ijanci, municipality of Srebrenik, father
Jovan. After his body had been discovered in the grave on the
Orthodox cemetery in Mrkonjic Grad, an autopsy was performed. On
the basis of post mortem examinations, a violent cause of death, as a
result of the destruction of the head, was established. Two explosivewounds, found on his lefî arm, are, presumably, the result of an
activated mine-fexplosivedevice. (W. 62/96)
93. Sinisa Jokanovic, a member of the Republic of Srpska Army, his
body was found in a forest, known as Jojina strana, in a place called
Rastoka, on 27 March 1996, along with the body of Darko Savic,
whose arms were tied on the back, which indicates that, before to
killing they were captured. (584/96)
94. Stanko Jokic from the village of Vrbovljani, municipalityof Ribnik,
born 1942 in Vrbovljani, father Ilo and mother Zorka, nee Babic. He
remained in the village when it was occupied by the members of the
Muslim-Croat Army on 14 September 1995. His fate had been
uncertain until the beginning of February 1996, when his body was
found in a forest on Mt Lisin. It had several perforating, gunshot
wounds in the region of the chest. After the investigation had been
performed, the body was buried in Vrbovljani. (witness453196-30)
95. Andjelija Jorganovic from ~ehovci, born in 1926, father Milan. She
was in her house during the attack on village on 8 February 1996. Her
body was found in her house. Subsequently, the investigation was
carried out by the investigative judge of the Banja Luka Military Court.
(584196)
96. Radojka Jorganovic from ~ehovci, born 1926, father Simo Bijekic.
She was in the village of Surjan when the Croat Army occupied this
area. It was established by the investigative judgeduring the conduct of
the inquiry on 10 April 1996 (witness 360196-16),that she had been
killed in thehouse of her godfather, Pantelija Grmasa, where she had
looked for shelter, Her body was found in the house of the family
Grmasa by her son - witness 360/96-25. He has found out from Z.B.,
aged about 70, who also stayed in the village, that the village, taken
over on 10 October 1995, , was burned down 28 days later.
97. Vlado Jorganëevic from the village of ~ehovci, born 1941, father
Jovo and mother Cvijeta, remained in the village when it was taken
over by the Croat Army on 10 October 1995. His bodywas found on 8
February 1996, in the vicinity of his burnt house, by his nephew -
witness 360196-25, who buried him aiter the investigation had been
carried out.(584/96)
98. Jelka Jorganëevic, nee AniEic, from ~ehovci, born 1934 in Surjan,
father JoSo Aniëic and mother Petra, remainedin her village when the
Croat Army took over this area in October 1995, and was killed in the
house of her sister, Sava GrmeSa, in the village of Surjan. Her body
was found on 8 April 1996, (witness 360196-16)by her son (witness
360/96-2), who buried her body in Surjan.99. Nedeljko Karac, engineer from MrkonjicGrad, born on 5 July 1958
in the village of Trijebovo, municipality of Mrkonjicrad, father Petar
and mother Janja, nee Jerkovic. He was a member of the Republic of
Srpska Army, and his unit was defending the area of the municipality
of Mrkonjic Grad. His wife (witness 409196-27), saw him last two or
three days before the occupation of Mrkonjic Grad. She had heard
nothing of him until the collective tomb on the cemetery in Mrkonjic
Grad was opened. His body was found there. The post mortem
findings established a violent cause of death, as a result of the
destruction of the vital brain centres, due to the depressed fractures of
the parietal and lower-jaw bones, inflicted with a heavy, blunt and
swung, mechanical tool. (W. 82/96)
100. Rosa Kasapovic from thevillage of VraEari, municipality of VraCari,
born 1921 in Ribnik:, father Gavran and mother Marija, nee Krndije,
remained in the village when it was occupied by the Croat Army on 14
September 1995. Her cousin (witness 453196-53)has lost any trace of
her since.
101. ~arko Katana, civil engineering technician from Banja Luka, N.
PreSevica Street No 1, born on 24 September 1967 in Banja Luka,
father Stanoje and mother Milica, nee Vukovic, was captured by the
Split Brigade of the Croat Army in Agino Selo on 18 October 1995. His
wife (453196-7)had known nothing of his fate until his body was found
in Mrkonjic Grad. On the basis of post mortem examination, it was
established that the victim died a violent death caused by the injuries
of the vital brain centres located along the canal of a perforating
gunshot wound. In ,the central section of the forehead, there was an
open gunshot wound inflicted with a projectile shot from an infantry
weapon.. The canal of the wound passed through the brain tissue and
ended in an exit wound in the parietal region Established were, as well,
the wounds in the region below the lefi clavical bone and in the region
of the right armpit presumably inflicted with of a shell fragment. Both
bones of the lower leg were broken most likely by a blow with a
heavy, blunt and swung mechanical tool. (W. 2/96)
102. Ratko Kaurin, construction worker from Mrkonjic Grad, born 3
December 1995 in Mrkonjic Grad, municipality of Mrkonjic Grad, father
Mladjen and mother Darinka, nee Eremija, was a member of the
Republic of Srpska Army in the unit which was defending Mrkonjic
Grad when that area was taken over by the Croat Army on 10 October
1995. His wife (witness 409196-33),had had lost any trace of him until
his body was found in the tomb in Mrkonjic Grad. At the beginning of
April, post mortem examination established injuries in the abdomen
region and on the lefi thigh, which were inflicted by an activated andfragmented mine - fexplosive device which caused his death. (W.
97/96)
103. Nedeljko Kneiic, from the village of Trijebovo, municipality of
Mrkonjic Grad, born 4 March 1957 in the village of Podbrdo,
municipality of MrkonjicGrad, father Stanko and mother Stanija, nee
Gajic. He was a member of the unit of the Republic of Srpska Army
on the defense line in the village of Liskovica when this area was
occupied by the Croat Army on 10 October 1995. His body was found
in the collective tomb on the cemetery in Mrkonjic Grad, his mother
identified his body on the basis of the tatooed date of his joinig the
Army on the left arm. His watch stopped on 5 November 1995, on the
basis of which, it was concluded that he had been killed the day
before. The post mortem examination established several explosive
wounds inflicted with fragments of an activated mine - fexplosive
device. (W. 113/96)
104. Milorad Kekic, worker from Banja Luka, born 5 June 1967 in the
village of Stratinska, municipality of Banja Luka, father Mirko and
mother Aleksina, nee Latintic. According to what his wife (witness
426196-64) found out from the D.G., being wounded in the leg, he
remained in the village of Dabrac which was taken over by the Croat
Army on 10 October 1995. His body was found in the tomb in Mrkonjic
Grad. The performed autopsy established the explosive woundson the
head and in the region of the chest and the backside, inflicted with an
activated mine - fexplosive device, as a consequence of which he died.
(W. 120196)
105. ~ivko Kesic, from LaktaSi, born 14 April 1950, in LaktaSi,
municipality of Banja Luka, father Todo and mother DuSanka, nee
Balaban, a mechanic by occupation, was accompanning the witness
(453196-20)when they were ambushed in the village of Botac by Croat
soldiers who ordered them to surrender, and on that occasion, the
whole group of seven soldiers was arrested without any resistance
among whom was ~ivko, except for the witness who managed to
escape and return to his unit. He informed ~ivko's wife (453196-14)
about his capture on the same day, 11 October 1995. The post
mortem examination established lacerated wound in the region of the
head with depressed fracture of the skull bones, most probably as a
result of a blow with the bluntide of a heavy, swung, mechanical tool.
With a great degree of probability, itcan be asserted that he died a
violent death, as a result of the destruction of the vital brain centres.
(W. 92/96)
106. DuSan Kiza from the village of Majdan, born 4 May 1956 in
Majdan, municipality of Mrkonjic Grad, father Mirko and mother Janja,
nee Tarlac, remained in his village when the area was occupied by theCroat Army. Accordingto the testimony of a witness (409196-6)he was
killed by the brother of the Croat Army General MatijaSevic, after he
had learnedthat the general was killed in the ongoing fightings. When
DuSan's brother returned to the village, on 3 February 1996, he
discovered a grave on the nearby field, presuming thatthe body of his
brother could have been buried there, he reported the case to the
Public Security Station in Mrkonjic Grad. On 23 April 1996, in the
presence of the investigativejudge of the Basic Court in Mrkonjic Grad,
DuSan's body was exhumed. The autopsy wasperfomed by Dr Veljko
Stupar and, subsequently, the bodywas buried on the village cemetery.
107. Milorad Kiza, from Mrkonjic Grad, born 7 January 1969,
municipality of Mrkonjic Grad, father Mitar and mother Mileva, nee
Gvero, was a reservist of the Republic of Srpska Army, captured on 10
October 1995 (witness 409196-5),and, at the beginning of April 1996
his body was found in the collective tomb in Mrkonjic Grad. The post
mortem records established, with a great degree of probability, a violent
death, as a result of the destruction of the vital brain centres. The
penetrating wound with the double depressed fracture of the lower jaw
bone resulted from a blow with the heavy, blunt and swung mechanical
tool. Also established was, a penetrating gunshot wound with the
fracture of the femur bone on the left thigh, caused by a projectile shot
from an infantry weapon. (32196)
108. Danilo Kizic from Gerzovo, municipality of Mrkonjic Grad, father
Dragan, remained in his village after its occupation. According to the
testimony of witness Dj. M. (491195)he dissapeared and has, probably,
been killed.
109. Ur03 Kizic, born 1932 in Gerzovo, municipality of Mrkonjic Grad,
father Milan, remained in his house when the village was taken over.
Three or four days later, Croat soldiers came and killed him, testifies
the witness K.M. (491/96). The witness Dj.M. testifies that the event
took place on 21 September 1995, when three soldiers in camouflage
uniforms appeared, they forced them out of the house, and required to
be given the money, when they were told that the soldiers who had
come earlier, took al1the money, one of the soldiers asked the others:
"What shall we do now?", and the reply was: "Do what you were
ordered to, by Franjo!". Then they shot at Ur03 Kizic who remained
lying dead in the yard, while B. was wounded. Later on Kizicfs body
was buried in the garden, behind the house. The exhumation was
requested by the investigativejudge, and an autopsy was performed on
6 April 1996. It was established by the forensic specialists, that there
were perforating gunshot wounds on the head and in the region of the
chest inflicted with projectilesshot from infantry weapons.110. Ljeposava Kneievic, from the village of Babin Do, municipality of
~ipovo, born 1914, father Vaso and mother Milica, nee Piseric,
remained in her village when it was taken over by the Croat Army on
8 September 1995, and, on 17 February 1996, her son (witness
426196-5), found her body about 20 m away from the house. He
noticed the injuries in the region of the chest caused by firearms.
Without, previously havinginformed the authorities about the case, he
buried his mother's body.
111. Ranko Kovaëic from Mrdjanovci, born 15 May 1975, in the village
of Mrdjanovci, municipality of Kupres, father Nedeljko. His body was
found in the collective tomb in Mrkonjic Grad on 2 April 1996. The
performed autopsy established, witha great degree probability, that he
had died a violent death, caused by the destructionof the vital brain
centres along the perforating wound canal, which goes from the right
temporal region and ends in the exit wound in the lefi temporal -
parietal region. (W. 60196)
112. Vid Kovjenic, farmer from BoCac, born 1 December 1907 in the
village of BoCac, rnunicipality of Banja Luka, father llija and mother
Simeuna, nee Uletilovic, according to the testimonyof his son (witness
410196-8), did not want to leave his house when the Croat Army
occupied BoCac on 10 Octobar 1995. His body was found in the
collective tomb in Mrkonjic Grad. The post mortem examination
established the depressed fractures of facial, nasal and lower jaw
bones, as a result of a blow with a heavy, blunt and swung mechanical
weapon. With a great degree of probability, it can be asserted that it
was a case of a violent death as a consequence of the vital centres in
brain had been shattered and damaged. (W. 5/96)
113. Jovanka Kovjenic, housewife from Bocac, born 28 May 1913 in
the village of Boëac, municipality of Banja Luka, father Aleksa and
mother Joka, nee Josipovic. In the hope that, being elderly persons,
they would be in no danger, she remained, together with herhusband,
in theirhouse, when the Croat Army took over the village on the 12
October 1995. Their bodies were found in the collective tomb in
Mrkonjic Grad. The forensic specialists' opinion was that, they both had
died a violent death caused by profuse bleeding from the liver which
was torn with a heavy, swung, mechanical tool. (W.19196)
114. Krsto Kovjenic, pensioner from Boëac, born 2 August 1919 in the
village of BoCac, municipality of Banja Luka, father Blagojeand mother
Jovanka, nee Radukic, remained in his house in BoCac when the
village was occupied by the Split Brigade of the Croat Army. His body
was found in the collective tomb on the Orthodox cemetery in Mrkonjic
Grad. The specialists who performed the autopsy gave the opinion that,
with a great degree of probability, it can be asserted that the victimdied a violent death, caused by the destruction of the v;.s.i Sr2i.i
centres. It was also established, that there is a fracture of-117çkx'I as
a result of a blow with a heavy, blunt and swung mechanical toc1 (W.
44/96).
115. Nedeljko Kovjenic, farmer from Boëac, born 28 June 192ij 1-the
village of Boëac, municipality of Banja Luka, father Pero and m3t+~r
Mara, nee Diljkan, remained, together withhis wife, in their ïc~se.
when the Croat Army took over the village on 12 October 1995 il the
hope that, being elderly persons they would not be in danger (vdiJ.ness
410196-6).Their bodies were found in the collective tomb in !\llikonjic
Grad, thus, the forensic specialists were of the opinion that, most likeiy,
they died a violent death as a consequence of the destructio~ of the
vital brain centres, diie to the depressed fracture of the forehead (W
45/96)
116. Jovan Konjevic from Baljevina, born 1938, fa!her Mladeri, sisyed
in his village after the occupation, andon 13 February 1995; clfter his
body had been found, an autopsy was performed by Dr Karan. It was
established that his death came as a result of a blow on the head
with a blunt, solid tool (584196).
117. Milan Kopanja, an electric technician from Banja Luka C:aïice
Milice street No. 2, born 2 June 1958 in Vrnograc, municipality O'
Sanski Most, father Stevo and mother Desanka, nee Kozlica, vdas a
member of the unit of the Republic of Srpska Army in the village of
Bjelajac when the area of the municipality of Mrkonjic Grad was
occupied on 10 Oclober 1995. His wife could not get any official
information of his whereabouts until his body was found in the tomb ou
the Orthodox cemetery in Mrkonjic Grad. On the body, there was 3
perforating gunshot vvound in the region of the chest inflicied ~vith a
projectile fired from an infantry weapon. The direction of the wound
was posterior to anterior, starting in the right shoulder blade region.
(W.121/96)
118. Milo5 Korica, born 2 November 1958 in the vi!lage of Mogoric
municipality of GospiC, father Djuro. After his body had been found ir
the tomb in MrkonjiC Grad, the autopsy was performed and it was
established that the body was in the stage of a advanced putrefactiori
and the exact cause of death could not be established with accuracy.
(W.169/96)
119. Vida Kostic, housewife from Gustovar, municipality of Mrkonjik
Grad, born 1949 in the village of Dujakovci, municipality of Banja Luk2.
father Marko and mother Milena, nee Delic, would not flee her house
and remained in the village when it was occupied by the Croat Army
on 10 October 1995. (witness 453196-54) Her body was found in thetomb in Mrkonjic Grad. According to the results of the autopsy it can
be established that her death was violent caused by the destruction of
the vital brain centres along the canal of the perforating gunshot wound
on the head, inflicted with a projectile fired from an infantry weapon. In
adition, a lacerated wound in the region of the loins and on the upper
part of the right thigh, were found.Also, on the back side of the left
tigh, there was another lacerated wound, inflicted by a blow with a
heavy, blunt and swung mechanical tool. (W.167196)
120. Djuka Kostic from Surjan, born 15 March 1921 in the village of
Surjan, municipality of MrkonjicGrad, father Marinko and mother Boja,
remained in her village along with her husband Mirko and her sister,
whose bodies where found, one inand the other in front of the house,
while her body was found in the tomb in Mrkonjic Grad in April 1996.
The witness (453196-96) noticed that she had several perforating
gunshot wounds. According, to theopinion of the forensic specialists, it
can be asserted, with a great degree of probability that the victim had
died a violent death caused by profuse bleeding from the shattered and
torn blood vessels along the canal of the periorating shot wounds on
the leftside of the abdomen and the lefî thigh. (W.88196)
121. Miodrag Kostic, teacher from Golo Brdo, born 20 June 1961 in
the village of Golo Brdo, municipality of Kneievo, father Nikola and
mother Mara, nee Madiar, as a member of the unit of the Republic of
Srpska Army was at the post in the village of Todici, which was taken
over by the Croat Army on 13 October 1995. (W. 410196-10)His body
was found in the tomb on the cemetery in Mrkonjic Grad. On the basis
of the autopsy, a perforating gunshot wound was established in the
region of the left shoulder, inflicted with a projectile fired from an
infantry weapon, as a consequence of which the victim died. (W. 13/96)
122. Mirko Kostic from the village of Surjan, municipality of Mrkonjic
Grad, born 12 January 1913 in the same village, father Stanko and
rnather Joka, along with his wife Djuka, remainedin their house, where
both of them were killed, after the occupation of the village on 10
October 1995. Their cousin M.J. (witness 453196-55) was with them.
Mirko's cousin (witness 453196-56) found his body with several
perforating gunshot wounds on, in a bed, on 4 February 1996. He was
buried in the vicinity of the house and the investigative judge from
Mrkonjic Grad ordered the exumation of his body on 15 July 1996. The
body of Mirko's wife was found in the tomb in Mrkonjic Grad.
123. Jovo Kreka, from the village of Kopljevic, born 17 June 1968 in
the village of ~ibovi, municipalty of Mrkonjic Grad, father Nedjo and
mother Mira, nee Tica. He was a member of the Republic of Srpska
Army units situated on the outskirts of Mrkonjic Grad when it was
occupied by the Croat Army on 10 October 1995. His wife(witness360196-48), had known nothing of his whereabouts until the collective
tomb in Mrkonjic Grad, where his body was found, was opened at the
beginning of April 1996. The autopsy established death as a
consequence of the profuse bleeding from shattered and torn blood
vessels along the canals of four gunshot wounds inthe region of the
chest inflicted with bullets fired from infantry weapon. (W. 86/96)
124. Borivoje Krupljanin, consructionworker from Surjan, born 15 June
1933 in the village of Surjan, municipalityof Mrkonjicad, father Pavle
and mother Vida, nee serval, remained in his house on the occasion of
the taking of this village by the Croat Army on 10 October 1995. His
son (witness 409196-29),who escaped, identified his body, which was
found in the tomb in Mrkonjic Grad. The performed autopsy established
three penetrating gunshot wounds, al1 of which went from anterior to
posterior, in the region of the chest. Also, three deformed, metal
projectiles were found in the lung wing. The death, mostprobably, was
of a homicidal character.
(W. 91/96)
125. Branko Kudra from Surjan, born 1937 in the village of ~ehovci,
father Ostoja, remained in the village, in the house of his friend
Pantelija GrmaSa, when this area was occupied by the Croat Army on
10 October 1995. The investigative judge who carried out the inquiry
established, that he was killed, along with seven other persons. Their
bodies were found in the burnt house on 10 April 1996. (W. 360196-16,
470196)
126. Jovan Lazendic, farmer from Podbrdo, born 25 October 1904 in
the village of Podbrdo, municipality of Mrkonjic Grad, father Stevan, due
to the fact that he could hardly see and could move only on crutches,
he remained in his house, when the Croat Army captured the area of
Mrkonjic Grad. When his son, came back to the village, on 2 April
1996, he found the house demolished. He reported the case to the
authorites and the investigative judge of the Basic Court in Mrkonjic
Grad carried out the inquiry and established visible traces of blood on
a wall in a room in the Lazendic's house. There were also, two holes
in a wall of 7 and 8 cm in diameter. On the wall, by the window, the
area of 100x70 cm was stained with smashed human tissue with hair
and blood. One of the crutches, which was found in the room, had a
visiblehole of 1,5 cm in diameter. (W. 409196-36).Afier the exhumation
of the body from the tomb on the Orthodox cemetery in Mrkonjic Grad,
the forensic specialists established deformity in the region of the upper
part of the left shoulder blade, the size of 60x40mm and 30x10 mm.
But, due to lack of the large portion of the soft connective tissue and
of foreign bodies, the exact cause of the death could not be
established with certainty. The fracture of the 4thft rib was caused by
a blow with a heavy, blunt and swung mechanical tool. Lazendic wasthe oldest victim whose body was found in Mrkonjic Grad, he was 91.
(W. 28/96]
127. Milosava Lazendic from PodraSnica, born 1935 in the village of
PodraSrrica,municipality of Mrkonjic Grad, father llija and mother Janja,
nee Danilovic, tried to flee the village (witness 409196-1l), along with
the married couple Tuturic, in their car, which,later on, was found on
the outskirts of the village.All three bodies had been found on the
cemetery in Mrkonjic Grad, after the collective tomb was opened at the
begining of April 1996. The opinion was given by the forensic experts
that Milosava died a violent death caused by destruction of the head.
The roof of the cranium with the soft scalp tisue was missing and,
there were also perforating gunshot wounds inflicted with projectiles
fired frominfaiitry weapons on both thighs. (W. 66/96)
128. Mileva Lekic, h~usewife from the village of Trijebovo, municipality
of Mrkonjic Grad, born 20 December 1932 in the village of Brdo,
municipality of Mrkonjic Grad, father llija and mother Milja, nee
Savanovic, remained with her cousin, (witness 409196-30),in her house,
when the Croat Army occupied the village on 10 October 1995.
Subsequently, they left the house and hid in a nearby forest. Seven
days later, when they ran out of food, Mileva decided to go home and
collect some, but she has never returned. After 20 days, when the
witnness came back to the village, shewas captured by a group of
Croat soldiers. She was taken to a prison in Mrkonjic Grad, and later
on to the camp in Livno. After the exchange, she returned to the
village and found the bag, which Mileva had taken with her, when they
parted. Mileva's body was found in the collective tomb in Mrkonjic
Grad. According to the autopsy findings, itcan be asserted, with a
great ciegree of probability, that she had died a violent death as a
result of profuse bleeding from the liver which was shattered and torn
with a heavy, blunt and swung mechanicaltool. (W. 25/96)
129. Milenko Lekic from ~ehovci, born 25 August 1969 in the village of
~ehovci, municipality of Mrkonjic Grad, father Aleksa and mother Rosa,
was captured in his village, in the house of the family Kojic, on 10
October 1995 by members of the Croat Army. According to the
testimony of his brother (witness 409/96-20), M.V. and Z.J. who, later
on, managed to escape, eyewitnessed when Milenko was captured and
taken away. His body was found in the collective tomb in Mrkonjic
Grad. The several fractures of the skull bones caused destruction of
the head. In addition, there were established perforating gunshot
wounds ori the right upper arm and in the region of the abdomen.
According to the forensic specialists' opinon, the death, most probably,
was of a homicidal character.(W. 103196)130. Dako Lisica from Mrkonjic Grad, Sime ~olaje Street, born 1
October 1948 in Banatski Despotovac, municipality of Zrenjanin, FRY,
father Nikola and mother Danica, neeRadié.According to the testimony
of his sister (witness 360196-31),he was captured by members of the
Split Brigade of the Croat Army when Mrkonjic Grad was occupied, on
10 October 1995, and has been held in a Croat prison since. The
autopsy performed after his body had been found in the tomb in
Mrkonjic Grad, established the wounds on the right shoulder blade
inflicted withetal fragments of an activated mine - fexplosive device.
The most probable cause of death was profuse bleeding from the
shattered vessels.(W. 104196)
131. Branko Lugonja, born 14 March 1946 in .the village of BucovaCa,
municipality of Kupres, father Marko. After his body had been
excavated from the tomb in Mrkonjic Grad, a perfomed autopsy
established perforating gunshot wounds on the head. In addition, a
deformed ammunition projectile calibre 7.62 mm was found in the
region of a spinal vertebra. The forensic specialists were of the opinion
that the victim, most probably, had died a violenteath.(W. 52/96)
132. Ljubomir Lugonja, born 5 April 1967 in the village of Gornje
Vukovsko, municipality of Kupres, father Trivun. His body was found in
the tomb in Mrkonjic Grad, and after the autopsy had been perfomed,
the forensic specialists established an injury in the right temporal
region, inflicted with a metal fragment of an activated min- fexplosive
device. (W. 59196)
133. Dragan Lukic from the village of Kotor, born 30 October 1965 in
the village of Kotor., municipality of MrkonjicGrad, father Mirko and
mother Janja, nee Soldat. Being a soldier, he was at his post in the
village of Brdo near Mrkonjic Grad, when, on 10 October 1995, the
area was taken over by the 4th Split Motorized Brigade of Guards,
commanded by Gen. Andrija Matijasevic, who was killed on the
occasion. The captured Serbs, among them Dragan, according to the
testimony of his sister (witness 409196-4), were mercilessly killed.
Dragan's body was found in the collective tomb in Mrkonjic Grad. The
opinion of the forensic specialists was that he had died a violent death
as a result of destruction of the vital brain centres along the canal of
two perforating gunshot wounds inflicted with a projectile fired from an
infantry weapon. (W. 72/96)
134. Drago Lukic, born 19 September 1945 in the village of Kukulj,
municipality ofSrbac, father Lazar. An autopsy was perfomed after his
body had been excavated from the tomb in Mrkonjic Grad. There was
established a perforating entry wound in the region of the left loin
inflicted with a projectile fired from an infantry weapon. The exit woundwas on the front side of the abdomen. The death, most probably, was
a result of intentional killing. (W. 177196)
135. Ranko MalenCic from Banja Luka, born 20 Janury 1942 in the
village of Srednja.Lomovita, municipality of Prijedor, father Branko. After
his body had been excavated from the collective tomb in Mrkonjic
Grad, an autopsy was perfomed. The cause of the death was a
depressed fracture in the frontal temporal - parietal region. In addition,
there Was also established a perforating gunshot wound in the region
of the chest, an injury on the right shoulder and on the left calf, al1of
which were inflicted With fragments of an activated mine - fexplosive
device. (W. 77196)
136. Grozda Malinovic from the villageof Draganic Podovi, municipality
of ~ipovo, aged about 80, lived alone, remained in her village after it
was taken over by the Croat Army, and during the offensive
disappeared. Her body has never been found. (W. 426196-17)
137. Niko Maric, a lawyer from MrkonjicGrad, born 2 February 1924 in
the village of Brdo, municipalityof MrkonjicGrad, father Ile and mother
Spasenija, nee Drinic, was in his flat in Mrkonjic Grad, Karadjordjeva
Street No. 121a(his office was at the same address). According to the
testimony of his son (witness 360/96), in Niko's diary, the last note
dated 10 October 1996, 6.30 a.m. The witness found the diary on 4
April 1995, in the house of Vaskrsije Samardiic, in which the
headquarters of the Croat Army was situated in Mrkonjic Grad, before
the town was returned, (according to the DaytonAgreement) to the
Serbs. When the body was excavated, from the collective tomb in
Mrkonjic Grad, in the jacket pocket was a Seiko watch, indicating 20
October 1995. According to the manufacturer's guarantees the watch
must have been working for at least 24 hours after the victim died. By
the autopsy findings it can be asserted, with a great degree of
probability, that his death was of a homicidal character, caused by
destruction of the vital brain centres as a result of the fracture of the
nasal bones. (W. 58/96)
138. Smilja Markovic, born 1926 in the village of Rastok, municipality of
Ribnik, father Stanko and mother Pava, nee Markovic,remained in her
village after it was taken over by the Croat Army in mid-September
1995. She was the only one to remainin the village, in the hope that,
since she was innocent, no one would harm her. Her sister (witness
453196-24),found the parts of her mutilated body-about 100 m away
from the house, and without informing the authorities about the case,
she buried her on 20 April 1996.
139. Bosiljko MaruSic, born 1960 in the village of Stratinska,
municipality of Banja Luka, father Petar. His body was found in thetomb in Mrkonjic Grad. An autopsy, perfomed on 5 April 1996,
established the explosive injuries on the neck, the chest and the
abdomen, as a consequence of which the victim died. (W. 111/96)
140. Ana MarCetafrom the village of Potoci, municipality of Ribnik, born
1914 in the village of Prekaja, father Djurdje and mother Milica, nee
Radanovic, remained and was killed in her village after it was occupied
by the Croat Army on 13 September 1995. (426196-1) Her body was
excavated in the place known as ~ljeba - Kalinica livade on 7 May
1996. On the basis of the autopsy, it was established that her own and
her husband Jovan's heads were cut off and exchanged; his head
being on her trunk and vice versa. The parietal region of the skull was
smashed. The witness (426196-42)testifies that Ana and Jovan were
hiding in a nearby forest, where they were captured by Croat soldiers
and killed. Late Jovan was a member of the Republic of Srpska Army,
and his body was found in the known as, Jojina strana on 27 March
1996. His hands were tied on the back, which indicates that, he was
captured before being killed. (W. 584196)
141. Jovan MarCeta from the village of Potoci, municipality of Ribnik,
born 1907 in the village of Prekaja, father Simo,remained in his village
after it was taken over by the Croat Army on 13 Septembar 1995, and
was killed there, along with his wife Ana MarCeta. (W. 426196-41,
426196-42and 584196)
142. Rade MarCeta from the village of Potoci, municipality of Ribnik,
born 8 November 1915 in the village of Prekaja, municipality of Drvar,
father Pero, remained, together withhis wife in their village, where both
of them were killed on 13 September 1995. Their bodies were burnt in
their summer kitchen. An autopsy was perfomed and the bodies were
buried on 10 May 1996. The house of the MarCetafamily, and al1the
auxiliary buildings were looted and burned down. According to the
slogans, found on the walls of the burnt houses in the village it could
be concluded that members of the 4th Split Brigade Guards,
commanded by one Roko, were the perpetraters of the crime. (426196-
41)
143. Stana MarCeta from the village of Potoci, municipality of Ribnik,
born 8 February 1920 in the village of Savic, municipality of Grahovo,
father Josip Savic and mother Staka, remained in her house with her
husband after the village was occupied. Both of them were killed and
their bodies set on fire. (W. 426196-41)
144. MomCiloMilic, worker from Trijebovo, born 29 Septembar 1929 in
the village of Trijebovo, municipality of Mrkonjic Grad, father Jovan and
mother Cvijeta, nee Savanovic, remained in his house after the area of
Mrkonjic Grad was occupied by the Croat Army. His wife (witness409196-32)who escaped, hoped that he was alive, because he was not
listed as captured or dead. When the collective tomb in Mrkonjic Grad
had been opened, his body was found there. On the basis of the
autopsy it can be asserted that, the deceased had, fistly, recieved
injuries on both lower legs, and later on, fearfull that he would be
captured, committed suicide with a bomb which he activated in front of
the chest and the abdomen. (W. 37/96)
145. Mijo Milinovic from Prnjavor, born 28 August 1947 in Kupres,
municipality of Kupres, father Vlado. By the autopsy of his body, which
was found in the collective tomb in Mrkonjic Grad, there were
established: a penetrating wound in the region of the backside inflicted
with a projectile shot from an infantry weapon, and the depressed
fracture of the frontal section of the faciales and destruction of the
skull bones inflicted by a blow with a heavy, blunt and swung
mechanical tool. With a great degree of probability, itan be asserted
that the victim had died a violent death as the result of destruction of
the vital brain centres. (W. 10196)
146. Milica Milinovic, housewife from the village of BoEac, born 1912 in
Baljvina, municipality of Mrkonjicrad, father Aleksa and mother Stana,
being immobile and unable to run away, she remained in her house
when the Croat Army occupied BoCacin October 1995. After the village
was liberated in February 1996 her body was found in a burnt house.
(witness 426/96-44 and 426196-49) An inquiry was perfomed by an
investigativejudge in the presence of a forensic specialist. (584/96)
147. Vladimir MiliSic, born 10 October 1972 in the village of Barjanovci,
municipality of Kupres, father Djordje. After his body had been found in
the tomb in Mrkonjic Grad, an autopsy was perfomed; it was
established, with a great degree of probability, that his death was the
result of intentional killing. On both lower legs, there were established
perforating gunshot wounds which went from posterior to anterior. The
skull top with thesofi scalp tissue was missing. (W. 55196)
148. DuSko Mitric, born 28 July 1973 in the village of Podrugla,
municipality of Mrkonjic Grad, father Branko and mother Dragica, nee
Boiic, as a member of the Republic of Srpska Army was captured in
his native village of Podrugla, near MrkonjicGrad, by members of the
Croat Army (witness 360196-20). By the autopsy findings, it was
established, that the major part of the skull top with a large portion of
the soft scalp tissue was missing. The death, most probably, is the
result of intentional killing. (W. 105196)
149. Milorad Mitric, born 9 October 1954 in the village of Podrugla,
municipality of Mrkonjic Grad, father ~arko and mother Stana, nee
ViSekruna. He was recruited to the units of the Republic of Srpskadeath as a consequence of the destruction of the violent brain centres
due to the depressed fracture in the right temporal - parietal region
caused by a blow with a heavy, blunt and swung meclianical tool. In
addition, a perforating gunshot entry woundon the left upper arm and
the exit wound below the right shoulder blade were established. His
death was, most probably, the result of intentionalilling. (W. 153196)
155. Desanka Oroz, housewife from the village of BoEac, born 1945 in
BoCac, municipality of Banja Luka, father Jovan and mother Ljubica,
nee Uletilovic, remained, together with her motherLjubica, at herhouse
in the village, afteitwas taken over by the members of the 4th Split
Brigade Guards. In February 1996, when Bocac was liberated and
came under the Serb authority, her cousin (witness 426196-44)noticed
a tomb in the garden by the house of ~ivko Kovlenic. The tomb was
dug up at the request of the investigative judge from Banja Luka and
Desanka's body, with the slit throat was found.
156. Ljubica Oroz, housewife from the village of BoCac, municipality of
Banja Luka, born 1 March 1905 in Boeac, father Todo, remained with
her daughter in their house when the village was occupied by the
Croat Army in October 1995. Her body was excavatedin the vicinity of
her house on 21 February 1996. The body was wrapped in a piece of
a tent fabric. The tomb was marked with a cross her full name on it.
The exhumation was perfomed at the request of the investigative judge
from Banja Luka in the presence of the Dr Karan, who performed the
autopsy. (W. 426196-44)
157. MomCilo PaviEar, born 1 January 1953 in the village of Agino
selo, municipality of Banja Luka, father Mladjenand mother Jelena, nee
~ivic, a salesman by occupation. His wife (witness 453196-4),found out
from her brother, that he, had seen MomEilo being captured by Croat
soldiers. In his testimony her brother (witness453196-8) confirms the
previous statement and adds, that the event happened on 10 October
1995; Croat soldiers stopped Momcilo and ordered him to lay down his
weapons, which he did, after that they tookhim away. The perfomed
autopsy established a violent death as a result of destruction of the
vital brain centres inflicted with an activated mine- fexplosive device.
(W. 11/96)
158. Bogdan Pavlovic froh the village of Gornji Ribnik, born 3 January
1924 in Gornji Ribnik, father Jovo and mother Mara, nee Krajcer,
remained in his house when the village was occupied on 14 Septembar
1995. His wife, who on the occasion fled the village, came back home
on 9 February 1996 and in the kitchen and on the doorstep found the
traces of blood and her husband's hat. She found his body in the
stable, wrapped in a blanket, and covered with manure. She informed
the police about the case. The police, in cooperation with the IFORrepresentatives performed the inquiry. The witness (453196-35), who
remained in the village, testifies that firstly, the village was occupied by
the Muslim armed forces, which burnt the houses down and killed
livestock. Subsequently, the Croat Army soldiers came and captured
Bogdan, questioned him and released him. But, after a while, the
witness saw traces of blood in front of Bogdan's house and his blood
stained cap on the doorstep. The witness knew thatBogdan's wife had
found his body after the village was liberated. (W. 453196-35 and
453196-37)
159. DuSko Pavlovic, born 19 November 1956 in Glamoë father Dragan
and mother Gospava. On 10 October 1995, according to the testimony
of his mother and witnesses (360196-37 and 360196-19), he was
captured by the members of the Croat Army in the village of Surjan. All
the captured Serbs were killed on that occasion. The forensic
specialists are of the opinion that, most probably, he died a violent
death caused by profuse bleeding along the canal of the perforating
gunshot wounds. In addition, the multiple fracture of the lower jaw
inflicted with the blunt side of a mechanical tool was established as
well. (W. 80196)
160. Stanko Panic, farmer fromBoCac,born 20 May 1933 in the village
of BoCac,municipality of Banja Luka, father Djuro and mother Stana,
nee Popovic, remained in his village when the Croat Army occupied
this area on 12 October 1995. When his son (W. 410196-5) came to
BoCac on 15 January 1996, after the village was liberated, he found
their house burned down. There were traces of bullets fired from
automatic waepon, al1 over the house. About 30m away from the
house, there was a tomb in which only the pieces of Stanko's stick
were found: his fur coat, a stick with a help of which he moved and
the keys of his house. His body was found in the collective tomb in
Mrkonjic Grad, at the beginning of April 1996. In the conclusion of the
autopsy findings, tne forensic specialists gave an opinion thatitcould
be asserted, with a great degree of probability, that his death was of a
homicidal character and caused by destruction of the vital braincenters
along the canal of the perforating gunshot wound inflicted with a
projectile fired from an infantry weapon. The entry wound was in the
region of the soft tissue of the left section of the forehead and
continued from anterior to posterior, downwards, and from left to right,
while the exit wound was in the parietal region. The penetrating
gunshot wound on the left thigh and the depressed horizontal fracture
of the lower jaw bone, inflicted with a heavy blunt and swung
machanical tool, were established, too. (W.20196)
161. Lazar Pekez, born 6 April 1934 in Donji ~ehovci, municipality of
Mrkonjic Grad, father Pavle and mother Janja, was captured bymembers of the Croat army in the village of Trijebova on 10 October
1995, according to the testimony of his wife (W. 360196-21).After his
body was excavated from the collective tomb in Mrkonjic Grad, the
forensic specialists established that the major part of the skull top with
the soft scalp tissuewas missing, but they could not identify niether a
murder weapon, nor the manner in which the head was destroyed.
They gave an opinion, that it could be asserted with a great degree of
probability that the victim had died a violent death coused by
destruction of the head. (W. 99/96)
162. Bogdan PerenEevic, born 20 October 1956 in the village of
Ostroielj, municipality of Vrgin Most, father Stanko. His body wasfound
in the collective tomb in Mrkonjic Grad. According to the forencic
specialists' opinion it can be asserted, with a great degree of probability
that he had died a violent death caused by the bleeding from the torn
blood vessels along the canal of an explosive wound. (W.166196)
163. Petar Peric, born 1 June 1949 in the village of BuSovaEa,
municipality of Kupres, father Jovo. The post mortem findings of the
body established the fracture of the sternum and the series fracture of
the lst, 2nd, 3rd, 4th, 5th, 6th, 7th and 8th left ribs, and 3rd, 4th, 5th
right ribs, caused by a blow with a heavy, blunt and swung mechanical
tool. And according to the forencic specialists' opinion it can be
asserted, with a great degree of probability, that his death was the
result of intentional killing caused by the destruction of the vital brain
centers due to the fractures of the skull bones (W. 9/96)
164. ~eljko PivaC, born 1 October 1996 in the village of Novo Selo,
municipality of Kupres, father Manojlo. On the basis of the autopsy
findings, the opoinion was given that his death was of a homicidal
caracter caused by profuse bleeding from the torn blood vessels along
the canal of the explosive wound on the left backside inflicted with a
fragment of an activated mine -explosive device. (W. 26/96)
165. Jovanka PlavSic, from the village of Pribeljci, municipality of
~ipovo, born in the same village 1915, fatherNikola LonCarand mother
Joka, remained in her village when it was occupied by the Croat Army
on 12 September 1995. Her son (W. 426196-33)found her body in his
uncle's house. The body had traces of injuries al1 over the head and
broken right arm on the basis of which it was councluded that she had
been killed. After having informed the police about the case, he buried
her. The police did not show up on the scene of the crime.
166. Vid PodraSCaninfrom Surjan, born 1911 in the village of Surjan,
municipality of Mrkonjic Grad, father Jovo and mother Jelka, lived alone
in his house in the village and was among elderly people who
remained in the village when it was occupied by the Croat Army. Hiscousin (W. 409196-34)testifies that, when he came back tothe village
on 4 February 1996, he found 70 houses burned down and al1 the
civilians who remained in the village, (about 20 of them), killed. In the
building of the primary school in Surjan, traces of blood were found al1
over the place, ropes and wooden poles, about one meter long, were
found as well. It is presumed that the civilians had been taken there
and tortured, before being killing. After the exhumation of Vid's body
from the tomb in Mrkonjic Grad, the forensic specialists established a
lacerated wound with depressed fracture of the bones in the parietal
region inflicted with a heavy, blunt and swung mechancial tool. The
opinion of the forensic specialists was that it could be asserted with a
great probability that he had died a violent death caused by
destruction of the vital brain centres (W.75196)
167. Branko Popadic from Surjan, born 1937 in the village of Surjan,
municipality of Mrkonjic Grad, father Djuro, remained in his village,
while his daughter with her children left their home on 9 October 1995,
one day before the village was occupied by the enemy forces. They
had known nothing about Branko, until the collective tomb in Mrkonjic
Grad was opened and his body found there. According to the opinion
of the forensic spcialists his death was of a homicidal character,
caused by bleeding from the slit blood vessels of the front side of the
neck, inflicted with a sharp blade of swung mechanical tool. (W. 34/96)
168. Branko Popovic, worker from Banja luka, born 7 May 1947 in the
village of Verici, municipaiity of Banja Luka, father Dragoje and mother
Cvijeta, nee Lakic. He was with the unit of the Republic of Srpska
Army at the post above ~ipovo, when this area was occupied by the
Croat Army. His wife (W.426196-58)had known nothing of him until the
collective tomb in Mrkonjic Grad was opened at the beginning of April
1996. On the ground of the autopsy findings, the opinion was given
that itcan be asserted with a great degree of probability that his death
was caused by profuse bleeding from the shattered blood vessels in
the region of the left lung wing along the canal of the explosive wound
inflicted with an activated mine-fexplosiveevice. (W. 78/96)
169. cedo Popovic, from Boëac, the hamlet of JoSici, born 1936, father
Ranko. He was hiding in an improvised shelter, not far away fromhis
village. Most probably, he was discovered and killed on the spot. His
body was found on 18 January 1996. (W 584196)
170. Milorad Predojevic from Omarska, born 15 February 1964 in
Omarska, municipality of Prijedor, father Miodrag. The performed
autopsy established wounds in the region of the left armpit and on the
left upper arm inflicted with fragments of an activated mine -fexplosive
device. With a great degree of probability it can be asserted that he
had died a violent death. (W. 3196)171. Ile Prole, from the village of Draganic Podovi, municipality of
Sipovo, aged over 100, was blind and deaf, remained in his village
when it was taken over by the Croat Army on 12 September 1995.
The witness (426196-17)from the same village, came to visit him,and
found out that he had been hanged on the stairs in his house.
Subsequently, his house was set on fire and his body burned in it, on
the basis of which the witness suspects, it was a case of itentional
killing.
172. Boro Prolic, from Trijebovo, born 8 Avgust 1946 in Trijebovo,
municipality of Mrkonjicrad, father Lazo and rnother Joka, nee Pisar,
remained in his house when the Croat Army occupied the territory of
Mrkonjic Grad on 10 October 1995. His son (W.409196-26),had known
nothing of hisfate until the the tomb in Mrkonjic Grad was opened and
his body, with the smashed head, found in it. The opinion of the
forensic specialists who performed the autopsy is that it can be
asserted, with a great degree of probability that he died a violent death
caused by the destruction of the vital brain centres along the canal of
the perforating gunshot wound inflicted with projectile fired from an
infantry weapon. A penetrating wound in the region of the chest was
established, aswell.(W. 135196)
173. Jovanka Radoja, from the village of Brdjani, municipality ofpovo,
born 1926 in Brdjani, father Djuro and mother Ravijojla, remained in
her village when it was occupied by the Croat Army on 12 September
1995. Her cousin (W.426196-32)found her body in the village of Kozila
near the forester's cabin. After the police had carried out the
investigation, the sarne witness buried the body.
174. Nikola Radjevic from Mrkonjic Grad, Matije Gupca Street No. 6,
born 14 Decembar 1955 in Krupa on the river Vrbas, municipality of
Banja Luka, father Momir. Hewas captured by the mebers of the Croat
Army on 19 October 1995, according to the testimony of his wife (W.
360196-24).The post mortem examination of his body established two
perforating gunshot wounds in the region of the chest and on the right
upper arm, the former, most probably was the direct cause of death.
An explosive wound on the left shoulder blade was also established
(W. 138196)
175. Mirko Rakita, from the village of Babin Do, municipality of ~ipovo,
remained in his village when it was occupied by the Croat Army on 9
Septembar 1995. During the offensive he disappeared and nothing is
known of his fate since. (W.426196-6)
176. Branko Roiic from ~ehovci, born 14 July 1926 in ~ehovci, father
Simeun and mother Joka, nee culic. He remained in his village inorder to look after his daughter Radojka,who was immobile, when the
Croat Army occupied the territory of Mrkonjic Grad on 10 October
1995. He was killed, along with 7 other persons, among whom were
his daughter and wife, in the house of his cousin Pantelija GrmaSa in
Surjan. (testimonies of witnesses 360196-1 6, 360196-42and 426196-4)
All the previously stated was confirmed by the investigative judge who
conducted inquiry in Surjan on 10 April 1996.(W.470196)
177. Nevenka Roiic, nee GrmaSa, from ~ehovci, born 15 Avgust 1932
in Surjan, father Stanko. She remained in her village to look after her
immobile daughter Radojka when, on 10 October 1995, the Croat Army
occupied the territory of Mrkonjc Grad. In the house of her brother
Pantelija GrmaSa in Surjan she was killed, along with another 7
persons, among whom were her daughter and husband (witnesses
360196-16, 360196-42 and 426196-4), which was al1 confirmed by the
investigative judge who conducted inqury in Surjan on 10 April 1996.
(W. 470196)
178. Radojka Roiic, from ~ehovci, born 1961 father Branko and mother
Nevenka, who was immobile since she was 7 and could move only in
wheelchair, remained in her village when it was occupied by the Croat
Army, on 10 October 1995. Along with her parents she was killed in
the house of her uncle Pantelija GrmaSa, in Surjan. Her body, together
with the wheelchair, (one wheel being drilled with bullets from the
firearms) was found in the ashes of the burnt house. (W. 360196-16
and 426196-4)
179. Darko Savic, was a member of the Republic of Srpska Army and
his body was found in a forest known as Jojina strana in the settlment
of Rastoka, on 27 March 1996. The fact that his hands were found tied
on the back, indicates that before being killied he was captured (W.
584196)
180. llijaSaviCic, from Gerzovo, municipality of Mrkonjic Grad,
according to the testimony of Dj. M., was killed in his village after it
was occupied. (W. 491196)
181. Djuro P. Savkovic, farmer from the village of Pribeljci, municipality
of ~ipovo, born 1903., father Pero and mother Milica, remaind in his
house, although, al1the other villagers fled from the Croat Army on 12
September 1995. After the liberation of the village, his son (W. 426196-
36) found the fragments of his charred bones on springs of the burnt
bed in which he lay il1and immobile.
182. Djuro S. Savkovic, farmer fromthe village of Pribeljci, municipality
of ~ipovo, born 1900, father Stanko and mother Stoja, previously
always of sound health, did not flee his villageduring the Croat Artmyoffensive in September 1995. After the lilberation of the village, in
February 1996, when his son (W.436196-35)came back to the house,
he found the body of his father with the lower jaw broken and the
numerous other injuries, on the basis of which, he concluded that his
father had been killed by the members of the Croat Army who
occupied the village.
183. llija SavCic from Gerzovo, municipality of Mrkonjic Grad, born
1909, father Stanko remained in his village and was found hanged in
the attic of his house on 10 February 1996.On the basis of the blood
traces found on the spot of the crime, it was concluded that, most
probably, he was tortured before being killied.
184. Gojko Svitlica, born 22 October 1949 in the village of Donje
Vukovsko, municipality of Kupres, father Stanoja. On the basis of the
post mortem findings, the opionion was given that, with a great degree
of probability, it can be asserted that he died a violent death caused by
destruction of the vital brain centres along the perforating gunshot
wound on the head, which went in the direction from posterior to
anterior, updwards and from right to left. The multiple fracture of the
lower jaw bone linflicted with a heavy, blunt and swung mechanical tool
was established as well. (W. 54196)
185. Stanko Svitlica, born 20 June 1962 in the village of Donje
Vukovsko, municipality of Kupres, father Milogosta. Afterhis body had
been exhumed from the tomb in Mrkonjic Grad it was established that
his head was cut off, the left upper arm partialy cut off and that he
had a cut on the back, al1inflicted with a blade of a heavy and blunt
mechanical tool. The opinion was given that his death, most probably
was of a homicidal character, caused by decapitation. (W. 53196)
186. Stanko Sladojevic from Trijebovo, born 30 July 1937 in the village
of Trijebovo, municipality of MrkonjicGrad, father Gojko and mother
Mara. He lived in his village which is 12 km away from Mrkonjic Grad.
His family, including the witness (409196-23),had had no information
about his fate until his personal belongins were found in a forest in the
village of Surjan on 20 February 1996. They presume that he was
captured by the Croat Army while running away in the direction of
Banja Luka. His body was found in the collective tomb in Mrkonjic
Grad and the witness saw that his head had been smashed. The post
mortem examination established that the major part of the skeleton was
missing. The opinion of the forensic specialist is that his death was of
a homicidal character and caused by the destruction of the head. (W
144196)
187 Mornir SlijepCevicfrom ~argovac, municipality of Banja Luka, born
4 May 1944 in the village of Donji VijaCani, municipality of Prnjavor,father Stojan and mother Mileva, nee KovaCevic, lokcsmith by
occupation, disappeard from his unit on 24 September 1995. His wife
(W.453196-6), and the witness (453196-13) who served in the same
unit, had known nothing about him until his body was excavated from
the tomb in Mrkonjic Grad. A penetrating entry gunshot wound in the
region below the right clavicle was established and an ammunition
projectile,,62 mm was found in the region of the chest. Thus, the
opinion was given that his death, was most probably of a homicidal
character. (W 64/96)
188. Damjan Smiljanic, born 1930 in the village of BoSac, municipality
of Banja Luka, remained in his house when the Croat Army occupied
the village. The witness 453196-9 had seen him alive immediately
before the event, and when he came back to the village in February
1996, he could not trace Damjan anywhere. His body was found in the
tomb in Mrkonjic Grad. According to the opinion of the forensic
specialists, who established a laceretal wound with depressed fracture
of the skull bones in the right temporal region, with a great degree of
probability, itn be asserted that he had died a violent death caused
by the destruction of the vital brainnters. (W. 21196)
189. Jovan Smiljic, born 1931 in the village of BoCac, municipality of
Banja Luka, father DuSan and mother Jovanka, nee MaleSevic.
According to the testimony of his wife (410196-3) he refused to
withdraw and stayed in his house on 11 October 1995. On 20
January 1996, when the family came back to BoCac, at about 100 m
away from the house they found a tomb and dug it up, but the body
was missingt, only a bottle which contained a written description of the
body which resembled Jovan's, was found in it. After the tomb in
Mrkonjic Grad had been excavated his body was found there. The
performed autopsy established the depressed fractures of the facial
bones and the left frontal section of the cranium top. It can be asserted
with a great degree of probability that he died a violent death as a
result of the vital brain centres had been shattered and damaged.
(W.22/96)
190. Simo Stamenic, born 1954 in the village of Koljevici, municipality
of Mrkonjic Grad, father Jovo and mother Jovanka, nee Bilic, together
with his sister Milica Cigoja and the witness (409196-18)tried to escape
before the advancing Croat Army troops on 10 October 1995, but they
were stopped near the village Donja ~ehovica by the members of the
Croat Army. Simo (who was in the uniform of the Republic of Srpska
Army and had weapons) was disarmed and subsequently, one of the
Croat soldiers held a knife at his throat, threatening to slaughter him.
He twisted out of the attacker's grasp and hugged his sister. Milica and
Simo then were taken in the direction of the Kojic's family house, and
from about 20 m, a burst from an automatic wepon was fired at them,and killed them on the spot. Their bodies were foundin the collective
tomb in Mrkonjic Grad. (409196-2)The performed autopsy established
the destruction of the vital brain centres along the canal of the
perforating gunshot wound on the head inflicted with a projectile shot
from an infantry weapon. Also, there was a perforating gunshot wound
in the region of the abdomen. It can be asserted, with a great degree
of probability, that they died a violent death..15196)
191. Nedeljko StojSic (or StojiCic) from Medna, born 1949 in Medna,
municipali.tyof Mrkonjic Grad, father Vid and mother Janja,nee Savic,
was with a unit of the Republic of Srpska Army at his post, when the
Croat Army occupied the territory of the municipality of Mrkonjic Grad
on 10 October 1995 and any trace of him had been lost iintil his body
was found in the tomb on the Orthodox cemeteryin Mrkonjic Grad, on
5 April 1996. The post mortem examination established thedepressed
fracture of the nasal and upper jaw bones inflicted by a blow with a
heavy, blunt arid swung mechanical tool. The opinion was given by the
forensic specialists that it can be asserted with a great degree of
probability that the victimdied a violent death caused by the destruction
of the vital brain centres.W. 93/96)
192. Lujo Stupar from the village of Stupari, born 23 November 1949 in
the village of Stupari, municipality of Mrkonjicad, father Dimitrije and
Milica, nee Cvijetic. As a memberof a unit of the Republic of Srpska
Army he was at a post in the village of PodraSnica,and his unit listed
him as a missing. (W. 360196-30)
193. Mile Stupar from the village of Sitnica, municipalityof Ribnik, born
1933 in the same village, father Tako and mother Joka, nee Irgic, who
was immobile as a consequence of some legs disorder, remained in
his village, which was occupied on 15 September 1995 by the
members of the Muslim Army, who kept the village for several days.
Later on the village was liberated and Mile's bodywas found with acut
on the right side of the neck, and with numerous slab wounds, shaped
like crcjsses, on the chest. The family buried his body without
conducting investigation. (W.453196-32)
194. Gojko Subic, locksmith from LaktaSi, born 28 March 1950 in the
village of Kokori, municipality of Prnjavor, father BoSko and mother
Petra, nee Vrhovac. He was seen for the last time by his wife (witness
45319616) on 8 October 1995. Later on she was informed by the
military command of his unit that he had been captured on the saddle
Dabrac, on 11 October 1995 and that he was alive at the time.
However, his body was found in the collective tomb in Mrkonjic Grad.
His wife saw that it had a broken skull. In the autopsy findings the
forensic specialists established a perforating gunshot entry wound in the
left temporal region, while, the exit wound was in the right temporal -parietal region, inflicted with a projectile shot from infantry weapon. It
can be asserted with a great degree of probability, that the afore
mentioned perforating gunshot wound was the very cause of death. A
lacerated wound with the depressed fractures of the maxilla and
zygomatic bones, inflicted with a heavy, blunt and swung mechanical
tool, was established aswell. (W. 148196)
195. Branko Tegeltija from Medna, born 21 October 1952 in the village
of Medna, municipality of Mrkonjic Grad, father Djuko and mother
Stana, nee Boiic, was a member of the Republic of Srpska Army
when the area of Mrkonjic Grad was occupied by the Croat Army on
10 October 1995. His body was found in the tomb in Mrkonjic Grad at
the beginning of April 1996 (witness 409196-16).The performed autopsy
established that the major part of the skull top with the soft scalp tissue
was missing. However, on the basis of the autopsy findings, the exact
murder weapon or how the victim died could not be established with
certainty. The fracture of the collar bone, caused by a blow with a
heavy, blunt and swung mechanical tool was also established. In the
conclusion of the autopsy findings the specialists asserted with a great
degree of probability that the victim had died a violent death,caused
by destruction of the head. (W. 152196)
196. cedomir Tegeltija, farmer from the village of Medna near Mrkonjic
Grad, born 1937, father Stojan, remained in his village when it was
occupied by the Croat Army on 10 October 1995. lmmediately after
Christmas Day in January 1996, he was killed by the members of the
Croat Army. His neighbours, (witnesses 409196-1 3 and 409196-1 4)
buried him. After the liberation of Medna, the exhumation and the post
mortem examination of his body were perfomed in Banja Luka. (584196)
197. Te30 TeSic from Bijeljina, born 23 April 1954 in Tuzla, municipality
of Tuzla, father Vojislav. After the exhumation of his body from the
collective tomb in Mrkonjic Grad, the forensic experts established that
the major part of the skull and the connective scalp tissue is missing,
as a consequences of which it was not possible to identify the exact
way or the weapon with which the head had been destroyed. However,
they asserted, with a great degree of probability, that the victim had
died a violent death caused by destruction of the head. (W. 155196)
198. cedo Todorovic from Donji Ribnik, born 3 October 1963 in KljuC,
father Stanko and mother Mara, nee VraCar, was a member of the
Republic of Srpska Army when the territory of Mrkonjic Grad was
occupied by the Croat Army in October 1995. His mother (witness
453196-23) had known nothing about him until his body was found in
the collective tomb in Mrkonjicrad. On the ground of the post mortem
findings, theforensic specialists gave the opinion that, most probably,
the victim had died a violent death caused by destruction of the head,the neck, the upper part of the chest and both upper arms, which was
inflicted with themetal fragments of an activated mine - explosive
device. (W. 24196)
199. Simo Tomic from the village of Gornji Graci, municipality of
Mrkonjic Grad, born 17 February 1940 in the same village, father Mitar
and mother Andja, nee sipraga. He was in his house, in the village
which was 4 km away from the posts of the Croat Army. According to
the testimony of his wife (witness 360196-27), he was captured and
taken to a camp when the Croat Army occupied the village in mid-
October 1995. By the post mortem examination of his body, found in
Mrkonjic Grad, the depressed fracture of the right side of the facial
bones, the multiple fracture of the skull, inflicted with a heavy, blunt
and swung mechanical tool were established. The sustained injuries
caused destruction of the vital brain centres. The amputation of the
right arm was also established (most probably inflicted post mortem).
(W. 68/96)
200. Stevan Topic from Gerzovo, municipality of Mrkonjic Grad, born
1924 in Gerzovo, father Simo and mother Andja, nee Prolo, because of
his weak health remained in the village when it was occupied in
September 1995, according to the testimony of his son T.V.
Subsequently, he was burned alive in his house and his family found
his charred remains on the foundation of their burnt house and buried
it in Gerzovo on 23 March 1996. The exhumation perfomed by an
investigative judge on 6 April 1996 confirmed the previously given
statement. (W. 491196)
201. Dane Trivunovic, born 15 June 1961 in the village of RastiEevo,
municipality of Kupres, father Andjelko. After the exhumation of his
body from the tomb in Mrkonjic Grad, the wound on the right cheek
was established. The opinion of the forensic specialist was that it was
a case of homicide, as a result of the destruction of the vital brain
centres along the canal of a perforating gunshot wound, inflicted with a
projectile shot from an infantry weapon. (W. 48196)
202. Dara Tutoric from PodraSnica, born 12 September 1928 in the
village of PodraSnica, municipality of Mrkonjic Grad, father Djuro and
mother Joka, nee Pekez, tried to flee the village before the Croat
Army, with her husband in their "Zastava 750" car on 10 October 1995.
On 4 February 1996, when their son (witness 409196-10) returned to
the village, he found the damaged car on the road PodraSnica -
Mrkonjic Grad. On the basis of the grafitti written down on the walls of
the ruined houses in the village, he concluded that the area had been
captured by the 4th Split Brigade Guards. Her body and that of her
husband were found in the tomb on the cemetery in Mrkonjic Grad at
the beginning of April 1996. The post mortem examination of Dara's
body established three perforating gunshot wounds, inflicted withprojectiles shot from infantry weapon on the basis of which an opinion
was given that she had dieda violent death of a homicidal character.
(W. 65/96)
203. Jovo Tutoric, from PodraSnica, born 1927 in the village of
PodraSnica, municipality of Mrkonjic Grad, father Tode10oOctober
1995, tried to flee the village before the Croat Army with his wife
Dara in his Zastava 750 car, which their son (witness409196-IO),
upon returning to the village on 4 Februar1996,found on the way
out of the village of PodraSnica towards Mrkonjic Grad. According to
the signs left in the village, he concluded that the region had been
seized by the 4th Split Brigade of the Guard's. Both bodies were
found at the beginning of Apri1996 in a grave on the cemetery in
MrkonjicGrad, when the son saw broken skull on Jovo's body. After
his body had been exhumed, the coroners established a wound on
the lefi occiput with impressed fracture of occipital bone inflicted by
the blunt side of a heavy swung mechanical object, and the wound
on the right flankide, inflicted by a fragments of exploded mine or
other explosive device. According to the medical opinion it may be
ascertained with high probability that the death was violent, occurred
due to destruction of anddamage to the vital brain centres through
inward fracture of the leftf of occipital bone.67/96)
204. Pero Cato, farmer from the village of Pribeljci, municipality of
~ipovo, born 12 June 1912 in the same village, father Risto, mother
Jovanka neé PlavSic, was bedridden due to illness and stayed at
home when the Croat army occupied the village on 12 September
1995. His wife (witness 426196-37) knew nothing about his
whereabouts until early February, when she returned home and found
Pero's body on the bed in the kitchen with smashed skull. Without
reporting this to the authorities, she buried him on the village
cemetery.
205. DuSan Cirkovic, born 2 December 1960 in the village of
Gustovare, municipality of Mrkonjic Grad, father Lazar, was last seen
at home on 8 October 1995,and two days later the Croatian army
seized theregion of Mrkonjic Grad. According to the statement of his
wife (witness360196-36 )uSan was captured by the Croatian army
and killed, but she does not know who did it.
An autopsy of his body established an explosive wound on the outer
left thigh inflictedabmetal fragment of an exploded mine or other
683explosive device. Forensic opinion suggests that the victim most likely
bled to death from torn up blood vessels along the explosive wound.
(S. 157/96)
206. Gojko ~ubic, from ~ehovci, born 1917, father ~piro, stayed in
nis village when it was occdpied; and on 23 March 1996 his body
was fourid. Investigation and autopsy performed by Ur. Karan
ascertained that he was killed from a firearm, and that the body was
subçequently burned in a shepherd's hut on the property of Kostadin
Lukac. (S. 584196)
207. Jane i'ulibrk, born 10 Novernber 1942 in tne village of Bravsko,
rnuriicipality Bosanski Petrovac, father Milan. His body was found in a
grave in Mrkonjic Grüd and the medical opinion suggests that his
dsath was very likely violent. The victim most probably bled to death
from torn and completeiy severed blood vessels in the right lower leg.
The wound was most probably inflicted by fragments of an explosive
device. It was established that the right side of thoracic cavity and
abdomen were sarbonised under the effect of fire on the body, but
the doctors could riot ascertain whether the body was burned while
the victim was still alive or after his death. (S. 74/96)
208. Nedeljko Ubovic, from the village of Brdo near Mrkonjic Grad,
born 1937 in the village of Brdo, municipality of Mrkonjic Grad, father
Petar. According to the testimony of witness 360196-29, on 10
October 1995, when the Croaiian army occupied this area, Nedeljko
stayed at home alone to take care of his livestock (5 cows, a large
number of young cattle and other animals). His whereabouts were
unknown since then. On 18 February 1996 witneçs foiirid the house
and stables burned down, while al1 movable property was missing.
The riutopsy of Nedeljko's body fourrtiin a grave in Mrkonjic Grad.
ieveaied a tearing and ~;or-itiisioriwound in the occiput laith inward
bone frac!ui.e and hence, according to the forensic opinion, it may be
concluded with high a degree of certainty that his death was violent,
and was due to destruction and damage of vital brain centres. (S.
96/96)
209. Rodoljub Uzelac, from Kula, born 18 January 1955 in the village
of LiSane, Tinj, municipality of Benkovac, father Petar. His body was
fourîd in a grave in Mrkonjic Grad and the medical opinion suggests
with high probability that his death was violent, that it occurred due to
684smashed head and that the aim was homicidal. It was stated that
most tissue and bones on top of the head were missing and that
there was a contusion of soft tissue and fracture of leîï thighbone
inflicted, accordingo medical opinion, while the victim was still alive,
by the blunt side of a heavy swung mechanical object. (S. 168196)
210. Branko Uletilovic, from BoCac, born 16 September 1941 in the
village of BoEac, municipality of Banja Luka, father Aleksa, mother
Dragica neé ~ikman, was stationed as a soldier of the Army of the
Republic of Srpska on the position in the village of Sitnica when the
village was captured on 10 October 1995 by the members of the 4th
Split Brigade of the Guards, as concluded from the graffiti in the
village, and testified by witness 453196-12. Histe was unknown until
his body was found in the grave in Mrkonjic Grad with a smashed
skull. Since pieces of soft tissue on the head, neck and thorax were
missing, the autopsy could not ascertain the cause of death. (S.
176196).
211. Dosta Cvijic, from the village of Vrbovljani, municipality of Ribnik,
born 1907 in the village of Medna, father Ilija, stayed in her village
when it was occupied by the Croatian-Muslim army on 14 September
1995. According to the testimony of witness 453196-26from the same
village, her body was found when the village was liberated in early
1996, when they saw that she was slaughtered. This is also
confirmed by her grandson (witness 453196-31) who claims that the
body was found on the house threshold with the slit throat. She was
buried without autopsy.
212. Du3an CrnCe\ric, from the village of Brdo, municipality of
Mrkonjic Grad, born 9 March 1943 in the village of Brdo, father
Panta, mother Milica neé Tomic, was a member of the Army of the
Republic of Srpska. He was last seen in village of Liskovica near
Mrkonjic Grad on 10 October 1995, when the Croatian Arrny occupied
the area of Mrkonjic Grad. After the surrender of Mrkonjic Grad to the
Serb authorities on 8 March 1996, four bodies were brought from
Liskovica and among them his daughter (witness 360196-28) and wife
(witness 360196-33) recognised the body of their father, i.e. husband.
He was subsequently buried on the village cemetery in Brdo.
213. Milorad CrnCevic, born 14 March 1950 in Mrkonjic Grad,
municipality Mrkonjic Grad, father Pantelija, mother Milica neé ~igoja.
685According to the testimony of witness 360196-18(his mother), she last
saw him on 9 October 1995, when he went to a position in the
village ofSurje, where he was captured the next day by the Croatian
army. She knew nothing about his fate until his body was found on 3
April 1996 in a mass grave in Mrkonjic Grad. During the autopsy an
inward fracture of left facialbones, inflicted by the blunt side of a
heavy swung mechanical object, was found on the body. Therefore,
according to the forensic opinion, it may be concluded with high
probability that the death occurred due to the wound of vital brain
centres. There was a surface wound from a hand firearm on the lefi
lower leg. (S. 30196)
214. Slobodan CrnEevic, born 1 September 1970 in the village of
Brdo, municipality Mrkonjic Grad, father DuSan, was last seen by his
sister (witness 360196-28) on 8 October 1995, and by his mother
(witness 360196-33) on 9 October 1995, when he went to report to
his unit in the village of Surjan near Mrkonjic Grad, where he was
captured. The autopsy of his body, found in Mrkonjic Grad, revealed
that he sustained head destruction from at least four projectiles fired
from a hand firearm, which was the probable cause of death. In
addition, his left collarbone was completely broken by a blow of a
blunt side of a heavy swung mechanical object. (S. 33/96)
215. Zoran ~igoja, technician from Bjelajac, born 19 February 1970 in
the village of Bjelajac, municipality of MrkonjicGrad, father Burad,
mother Zorka neé Kojic, as a member of the Army of the Republic of
Srpska was on the position in his village, when it was occupied by
the Croatian Army on 10 October 1995. As his brother (witness
409196-31) learned from R., the Croatian Army killed al1 PoWs on the
spot. His body was found in a mass grave in Mrkonjic Grad. The
body had two gunshot wounds from a firearm on the head that
caused the destruction of vital brain centres. (S. 81196)
216. Milica cigoja, from the village of Kopljevic, born 1939 in the
village of Bjelajac, municipality of MrkonjicGrad, father Milan Jovo,
mother Jovanka neé Bilic, attempted to escape before the Croatian
Army with her brother Simo Stamenic and witness 409196-18 on 10
October 1995, but they were stopped near the village of Donja
~ehovica by the members of the Croatian Army, who took Milica and
Simo towards Kojic's house and when they moved away, at about 20
m from where the witness stood, they fired a whole burst into them,
686killing them on the spot. The bodies were found on the cemetery in
Mrkonjic Grad (witness 409196-2).Autopsy of Milica's body revealed a
wound in the central part of the left side of abdomen inflicted by a
projectile fired from a hand firearm, which stretches through the
abdominal cavity, with the exit wound in the hip part, with the canal
stretching from the front towards the back. Therefore,forensic opinion
suggests with a high degree of certainty that her death was violent,
and that she bled to death from the torn blood vessels along the
piercing wound. (S. 14196)
217. Ljubinko ~igoja., from the village of Bjelajci, born 10 October
1957 in the village of Bjelajci, municipality of MrkonjicGrad, father
DuSan, mother DuSanka neé Popadic, was a member of the Army of
Republika Srpska unit which defended the area of Mrkonjic Grad
when it was seized by the Croatian Army (witness 360196-52). His
body was found in a mass grave in Mrkonjic Grad. During a post
mortem a wound was found in the right temple, which represents the
entry of a penetrating wound inflicted by a projectile fired from a
hand firearm, with exit wound in the central forehead part. The
medical opinion therefore suggests with a high degree of ceriainty
that the death was most probably violent. (S. 154196)
218. Milo3 colic, born 14 October 1970 in Novo Selo, municipality of
Kupres, father Obrad. His body was found in a grave in Mrkonjic
Grad and during post mortem performed on 1 April 1996 it was found
out that soft head tissue and some head bones were missing and the
opinion derived with high probability was that the death was violent
and caused by the destruction of the head. (S. 56/96)
219. Ratko Diajic, locksmith from Banja Luka, born 21 July 1951 in
the village of Han Kola, municipality of Banja Luka, father Jovo,
mother Savka neé Jacimovic, was last seen by his wife (witness
426196-62) towards the end of September 1995 when he came home
from the front. After the occupation of the area of Mrkonjic Grad in
October 1995, the military authorities informed her that her husband
was reported missing, while some friends told her that they had seen
Ratko in a broadcast on the Croatian TV on 13 and 14 October and
25 November 1995. Therefore, she concluded that he was killed after
he had been captured, because his body was found in a mass grave
in Mrkonjic Grad. The autopsy report States wounds on the left
brachium, leftside of abdomen and both thighs, representing
687explosive wounds from exploded fragments of a mine or other
explosive device, which
probably caused him to bleed to death. (S.
106196)
220. Duro serval, pensioner from Surjan, born 15 April 1923 in the
village of Surjan, municipality of Mrkonjicrad, father Marko, mother
Jovanka. According to the statement of his son (witness 409196-28),
on 9 October 1995 Buro did not want to leave his house. They knew
nothing of his whereabouts until 4 April 1996 when his body was
found in a grave in Mrkonjic Grad. Graffiti reading "11lth ~ep~e
Brigade" have been found on some houses in the village. During the
autopsy of the body a piercing wound was found on the back side of
the left thigh from a projectile fired from a hand firearm, and on the
left upper arm with the fracture of left scapula, while there was an
inward fracture. of central facial bones and destruction of skull.
According to the forensic opinion, the death most probably occurred
due to destruction and damage of vital brain centres. (S. 6196)
221. Danilo ~e~um, born 14 April 1950 in the village of Zanaglina,
municipality of Kupres, father Marinko. His body was found on 2 April
1996 in a mass grave in Mrkonjic Grad. The opinion given in the
conclusion of the autopsy report states that the death was most likely
violent, caused by the destruction of the head with multiple bone
fractures. An explosive wound in the right shoulder blade was also
found. (S. 47196)
222. Novak sobic, from sipovo, born 26 May 1955 in the village of
Olici, municipality ofpovo, father Ljuboje, mother Mara neé SubaSic,
was a member of the military unit stationed in the area of Mrkonjic
Grad when that area was seized by the Croatian Army (witness
426196-10). His wife, witness 426196-23, later learned that he had
been captured, tied and killed with sticks srnashed on his head.
According to the opinion of forensic experts who performed the
autopsy of a body found in Mrkonjic Grad, it appears with high
probability that the death was violent and caused by the destruction
of the head. Due to the absence of a large part of soft tissue and
head bones, it has not been possible to ascertain the manner and
weapon used in head destruction. (S. 139196)
223. Radovan ~obic, born 1 August 1963 in the village of Olic,
municipality ofsipovo, father Ilija, mother Mara neé Perkovic, was a
688member of the Army of the Republic of Srpska, which defended the
area of Mrkonjic Grad when it was seized by the Croatian Army. His
wife, witness 426196-20, inquired in vain about him. The autopsy of
his body, found in a grave in Mrkonjic Grad, established a tearing
and contusing wound in the right crown and forehead area, with
impressed fracture of the top of the skull inflicted by the blunt side of
a heavy swung mechanical object, and hence it may be ascertained
with high probability that the death was violent and occurred due to
destruction of vital brain centres. (S. 129196)
224. Jagoda Solic, from the village of VelijaSnica, municipality of
Ribnik, born 1938 in the village of Simici, father Marko, mother Boja
neé Kopanja, was bedridden and stayed at home with her mother-in-
law who had had a stroke. When her husband (witness 453196-51)
returned home on 17 February 1996, he found their decayed bodies
on the floor. There were traces of blood around the bodies, indicating
that they were killed. He buried them without investigation.
225. Mara Solic, from the village of VelijaSnica, municipality of Ribnik,
born 1911 in the village of MiEici, father Daka, had a stroke and
since she could not move she stayed at home with her daughter-in-
law. When her son (witness 453196-51) returned home on 17
February 1996, he found their decayed bodies on the floor. There
were traces of blood around the bodies, indicating that they were
killed. He buried them without investigation.
226. Dobrivoje ~trkic, born 10 March 1951 in the village of Rekavice,
municipality of Banja Luka, father Gojko, mother Jela Blagojevic, was
a member of the Army of the Republic of Srpska on a position near
the village of Bjelajci when the area was occupied by the Croatian
army. His fate had been unknown until the mass grave in Mrkonjic
Grad was exhumed, when his sister (witness 426196-46) identified the
body and saw that his teeth had been knocked out and an ear cut
off. The autopsy established that the right earlobe was missing.
According to the medical opinion, it was cut off by the sharp side of
a swung mechanical object. Multiple fractures of xiphoid cartilage
were also established, as well as pronounced bruises on the facial
soft tissue and under the Adam's apple, most probably inflicted by the
blunt side of a heavy swung mechanical object. (S. 36196)227. Branislav ~urlan, construction technician from Banja Luka, lvana
Milutinovica No. 11, born 6 October 1959 in Banja Luka, father
Borde, mother Radmila neé Popovic, was reported missing after the
area of Mrkonjic Grad had been seized on 10 October 1995 and his
wife (witness 436196-65) could not find out from the military
authorities what happened to him. The body was found in Mrkonjic
Grad and identified by fingerprints. The medical examiners found
bilateral fractures from the 2nd to the 8th rib, caused by the blunt
side of a heavy swung mechanical object and gave the opinion that
there are reasons to believe that the death was violent, occurring due
to the disruption of breathing caused by multiple bilateral rib fractures.
(S. 83/96)
It is characteristic that autopsy of unidentified bodies established
similar injuries.
Thus, unidentified male bodies marked S. 41/96, S. 42196, S. 70196,
S. 71/96, S. 100196, S. 101196, S. 128196, S. 141196 and S. 158196
had smashed heads; S. 39196 and S. 132196had impressed fracture
of the occipital bone; S. 17196 and S. 164196 impressed fracture of
facialbones; S. 40196 fracture of lower jawbone; S. 118196 multiple
fracture of right clavicle. Onl1these bodies the mechanism of injury
was the same - the blunt side of a heavy swung mechanical object.
Beçides multiple fractures of skull, S. 38/96, also had a fracture of
the sternum, fractures of cervical vertebra and bilateral fractures of
the first five ribs, caused by the blunt side of a heavy swung
mechanical object, and S. 75196 had fractures of the collarbone,
shoulder blade, ribs, pelvis,high5ones and lower leg.
In addition to the inward fracture of central facial bones, which
probably caused the death, S. 126196 was shot through the right
thigh and had a fracture of the left shoulder blade.
The body marked as S. 69196 had a head injury, in addition to the
wound of the left shoulder caused by a mine or other explosive
device, as well as transverse fracture of right radius.
S. 8/96 was shot throügh the head and the left upper leg; female
body S. 16196 was shot through the head; S. 114196 had five
gunshot wounds in the thoracic cavity and abdomen; S. 180196 was
690shot in the head and had four gunshot wounds in the thorax and
abdomen; four gunshot wounds have been found on S. 173196.
Besides the gunshot wound through the head, which probably caused
the death of S. 90196, the victim had an explosive wound on the left
thigh, while S. 163196, in addition to two pierce shots to the chest,
also had an explosive wound on the right side of the face. S. 181196
was shot through the head, in addition to the wound in the lefi part
of the thoracic cavityunder the collarbone, inflicted by the blunt side
of a heavy swung mechanical object. In S. 170196the death occurred
as a consequence of two shots through the thoracic cavity and
besides, an explosive wound inflicted by a mine or other explosive
device was found on the right heel of the body.
Some unidentified bodies from the cemetery in Mrkonjic Grad had
explosove wounds inflicted by metal fragments of an exploded mine
or other explosive device (female body S. 87/96 and male bodies S.
4/96, S. 63196, S. 107196, S. 117196, S. 136196, S. 137196, S.
140196,S. 146196and S. 176196).
Besides explosove wounds inflicted by metal fragments of an
exploded mine or other explosive device, S. 76/96 also had fractures
of the collarbone and thigh bone inflicted by a mechanical object.
In addition to smashed head, S. 7/96 had a shot through a thigh,
explosove wound above the right heel inflicted by an exploded mine
or other explosive device, and fracture of the right hand bones, right
shoulder blade, breast bone and a series of rib fractures inflicted by
the blunt side of a swung mechanical object, while S. 108196, in
addition to explosove wound, also had a shot through a right thigh.
A post-mortem of male body S. 159196 established head demolition,
but due to the absence of tissues on the head top and bones of the
head crown and face, no opinion has been rendered as to the
mechanism of injury. The same body sustained explosove wounds on
both legs. Besides demolished head, S. 143196sustained a wound of
the thoracic cavity from an explosivedevice.
Some bodies were parts of burned and carbonised human bodies and
hence for body S. 73/96 not even the sex of the body could beascertained, while the only information that could be given for body S.
61/96 was that it was a male.
Besides these unidentified bodies from the mass grave in Mrkonjic
Grad, a number of unidentified bodies were found on various other
locations.Thus, in the village of Surjan, on the site of the burnt down
house of DuSan PodraSEanin,partially burnt remains of an unidentified
person were found on 12 March 1993, while a body of an
unidentified man (584196) was found on 1 March 1996 in the
reservoir of the hydroelectric power plant BioEac.
The list above does not contain the names of persons for whom it
was ascertained that they died a natural death (e.g. ~piro llic from
the village of Pribeljci, municipality ofovo) or that they were killed
in combat.
After the exhumation of a mass grave on the Orthodox cemetery in
Mrkonjic Grad, where bodies of 181 persons were found and 136
among them identified, al1 of whom were Serbs, exhumation of the
grave on the Muslim cemetery in Mrkonjic Grad was undertaken and
remains of 6 persons found. Those who were identified were al1
Muslims.
It is characteristic that they were killed in a similar way as members
of the Serb nationality, whose bodies were found in the mass grave
on the Orthodox cemetery.
Among them was the body of Enes SalihbaSic, from Banja Luka,
Rudarska Street No. 121, born 22 October 1954 in Banja Luka, father
Enver. Due to the absence of a large part of soft tissue and bones
on the head, the doctors could not ascertain to the manner and
weapon that caused the demolition of the head, but stated with high
certainty that the death was violent and caused by head demolition.
(SM. 2196)
On the body of Nediib Ljeskavica from Banja Luka, Save Ljuboje
Street No. 4, born 1949 in Banja Luka, father Vejis (SM. 3/96) it was
established that he was shot once through and twice in the chest,
while two projectiles matching pistol ammunition were found in his
lungs. However, death was probably caused by the destruction anddamage of vital brain centres due to impressed fracture of head
bones inflicted by the blunt side of a heavy swung mechanical object.
The autopsy of an unidentified male body (SM. 1/96), found on the
Muslim cemetery in Mrkonjic Grad, revealed a shot wound through
the lefi forearm and a shot wound in the chest. A projectile matching
pistol ammunition was found in his chest. However, the cause of
death is most likely the fracture of bones in the central part of face
from the impact of a heavy swung mechanical object.
A male body SM. 4/96 had his head smashed, male body SM. 5/96
had a shot wound through the head, while the male body SM. 6/96
was shot through the thoracic cavity.
The following are held accountable for the mentioned war crimes:
MEMBERS OF THE CROATIAN ARMY, CROATIAN DEFENSE
COUNCIL AND THElR ORDERING PARTIES
1. Dr. Franjo Tudjman, historian, from Zagreb, born 14 May 1922
in the village of Veliko TrgoviSce, municipality of Klanjec, father
Stjepan, mother Justina neé Gmaz, until 1961 major general in
the JNA, now President of the Republic of Croatia,
2. Gojko ~uSak, minister of defence in the Government of the
Republic of Croatia,
3. Zvonimir ~ervenko, born 13 November 1926 in Prijepolje, father
Franjo, head of the Chief of Staff of the Croatian Army,
4. Tihomir BlaSkii:, head of the Chief of Staff of the Croatian
Defence Council of the Croatian Republic of Herzeg-Bosnia,
5. Mladen Markac, commander of special units of the Croatian
police and deputy minister of interior of Croatia; parts of the
unitsunder his command participated in the operation "Maestral",
6. Damir Krsticevic, born 1 July 1969 in Vrgorac, father Rade,
mother Ljubica neé Roso, until September 1991 second
lieutenant in the former JNA,during 1994 and 1995 commander
of the 4th Split Guard Brigade of the Croatian Army "Pauci"
("Spiders") which participated in the operations "Maestral" and
"Juini potez" (occupation of Mrkonjic Grad), in the rank of chief
brigadier, promoted to the rank of major general by the decree
of President Tudjman after the seizure of Mrkonjic Grad,
7. lmre Agotic, General of the Croatian Army, born 12 January
1943 in the village of Gorjani, municipality of Dakovo, father
693Boio, mother Ana neé Balaiic, commander of the Croatian Air
Force, which participated in the operation "Maestral", firing
unselectively on civilian targets,
Dragan Arar, sergeant, platoon commander of a unit for special
services of the Croatian Defence Council "Gavran-2",
Markica Baketaric, major, deputy commander of the armoured
battalion within the 1st Guard Brigade of the Croatian Defence
Council "Ante Bruno BuSic",
Mladen Basic, colonel, deputy commander of the 4th Guard
Brigade of the Croatian Army "Pauci" from Split,
Nikola Bagaric, head of the intelligence department of the 79th
Home Guardsmen Regiment of the Croatian Defence Council
from Tomislavgrad,
Rudolf Bari, colonel, intelligence officer in the 1st Croatian Guard
Brigade,
Marinko Begic, major, battalion commander within the 1st Guard
Brigade of the Croatian Defence Council "Ante Bruno BuSic",
Ivan Beljan, colonel of the Croatian Army, assistant commander
for political activity of the 4th Guard Brigade "Pauci" from Split,
which took part in the seizure of MrkonjicGrad,
Petar Berberovic, aka "Pepi", major, commander of the unit for
special services of the Croatian Defence Council "Gavran-2",
Stipo Bilandiija, from the village of Ljeskovica near Mrkonjic
Grad, member of the Croatian police,
MilivojBoiina, major, battalion commander within the 1st Guard
Brigade of the Croatian Defence Council "Ante Bruno BuSic",
Jure Bojic, major, chief of SIS of the 4th Guard Brigade of the
Croatian Army "Pauci" from Split,
Josip BoSnjak, major, deputy commander of the 82nd Home
Guardsmen Regiment of the Croatian Defence Council from
Mostar,
BoSnjak, aka "Manja", deputy commander of the 81st Home
Guardsmen Regiment of the Croatian Defence Council from
Mostar,
Josip Brnjak, ensign, Company commander of an airborne
battalion within the 1st Croatian Guard Brigade,
Branko Bungic, major, battalion commander within the 1st Guard
Brigade of the Croatian Defence Council "Ante Bruno BuSiC",
Franjo BuSic, intelligence officer, member of the 1st Guard
Brigade of the Croatian Defence Council "Ante Bruno BuSic",~arko Valentic, major, head of the operative and instructional
division of the 1st Guard Brigade of the Croatian Defence
Council "Ante Bruno BuSic",
Draien Vidovic, lieutenant commander, commander of the
reconnaissance platoon within the 1st Croatian Guard Brigade,
Ivan Viljevac, security chief in the 7th Guard Brigade of the
Croatian Army "Pume" from Varaidin, which took part in the
seizure of Mrkonjic Grad,
Tomo Gago, captain, platoon commander of the unit for special
services of the Croatian Defence Council "Gavran-2",
Branislav Galic, security officer of the unit for special services of
the Croatian Defence Council "Gavran-2",
Rafael Gagro, commander of the 3rd Battalion within the 82nd
Home Guardsmen Regiment of the Croatian Defence Council
from Mostar,
~eljko Glasnovic, major general, commander of the Tomislavgrad
military area,
Mate GrubaSa, major, commander of the 126th Home Guard
Regiment "Maks LuburiC" of the Croatian Army from Sinj, which
participated in the operation "Maestral",
Miodrag Demo, major, commander of the motorised battalion
within the 1st Croatian Guard Division,
Davor Dodig, major, commander of the 60th Sabotage Battalion
"Ludvig Pavlovic", which participated in the seizure of Mrkonjic
Grad,
Ratko Dragovic, deputy commander of the 7th Guard Brigade of
the Croatian Army "Pume" from Varaidin which participated in
the "Maestral" operation along the Grahovo-Drvar and Grahovo-
MliniSte direction,
Mario Dugandiic, captain, deputy commander of the unit for
special services of the Croatian Defence Council "Gavran-2",
Jure Derek, captain, SIS officer at the 1st Guard Brigade of the
Croatian Defence Council "Ante Bruno BuSic",
Zlatko Zubonja, operative, member of the 60th Sabotage
Battalion "Ludvig PavloviC",
Jukic, aka "Barce", captain, security chief of the 126th Home
Guard Regiment "Maks Luburic" of the Croatian Army from Sinj,
which participated in the operation "Maestral",
Pavo Juric, from the village of Majdan, municipality Mrkonjic
Grad, member of the Croatian police,Vlado JurCevic, commander of the 92nd Home Guard Regiment
of the Croatian Defence Council Vitez,
lvan Korade, major general of the Croatian Army, from the
Zlatar region, commander of the 7th Guard Brigade of the
Croatian Army "Pume" from Varaidin which participated in the
"Maestral" operation on the Grahovo-Drvar and Grahovo-MliniSte
direction,
Ante Kotromanovic, brigadier, deputy commander of the 4th
Guard Brigade of the Croatian Army "Pauci" from Split,
Mate Kraljevic, ensign, company commander of the airborne
battalion within the 1st Croatian Guard Brigade,
Stanko Kreso, lieutenant, company commander of the airborne
battalion within the 1st Croatian Guard Brigade,
Mirko Kuna, chief of staff of the 55th Home Guard Regiment
from ~ugojno
Landeka, captain, intelligence officer, member of the 1st Croatian
Guard Division,
Mate Leko, deputy commander of the 60th Sabotage Battalion
"Ludvig Pavlovic", which participated in the seizure of Mrkonjic
Grad,
Antun Luburic, brigadier, commander of the 1st Guard Brigade
of the Croatian Defence Council "Ante Bruno BuSiC", which
participated in the operation "Maestral" on the directionlamoc-
sipovo,
Ado Lucev, colonel, commander of the command company within
the 1st Croatian Guard Brigade,
Zoran Marelj, commander of the 80th Home Guard Regiment of
the Croatian Defence Council from Livno,
Tomo Maric, major, commander of the armoured battalion within
the 1st Guard Brigade of the Croatian Defence Council "Ante
Bruno BuSic",
Drago Markic, major, commander of the 82nd Home Guard
Regiment of the Croatian Defence Council from Mostar,
Slobodan Matenda, major, commander of the 6th Home Guard
Regiment "Torcida" of the Croatian Army from Split, which
participated in the operation "Maestral",
Andrija MatijaSevic, general of the Croatian Army, commander of
the 4th Guard Brigade from Split
lvan MrSic, colonel, assistant commander of the 4th Guard
Brigade of the Croatian Army "Pauci" from Split,llija Nakic, commander of the 3rd Guard Brigade "Jastrebovi" of
the Croatian Defence Council,
Stipo Nimac, deputy commander of the motorised battalion within
the 1st Croatian Guard Division
Zdravko Orlovic, captain, member of the 81st Home Guard
Regiment of the Croatian Defence Council from Mostar,
Mate Pavlovic, colonel, commander of the 81st Home Guard
Regiment of the Croatian Defence Council from Mostar,
BoSko Papic, commander of the 79th Home Guard Regiment
"Kralj Tomislav" of the Croatian Defence Council from
Tomislavgrad,
Draienko Pervan, colonel, deputy commander of the 1st Guard
Brigade of the Croatian Defence Council "Ante Bruno BuSi?,
which participated in the operation "Maestral" on the Glamot-
~ipovo direction,
Milan Perkovic, colonel of the Croatian Army, chief of staff of
the 4th Guard Brigade of the Croatian Army "Pauci" from Split,
Dalibor Peric, major, chief of artillery of the 1st Guard Brigade of
the Croatian Defence Council "Ante Bruno Busic",
Stipe PetriCevie, lieutenant commander, chief of the intelligence
department, 126th Home Guard Regiment "Maks LuburiC" of the
Croatian Army from Sinj, which participated in the operation
"Maestral",
Zlatko Hogulj, deputy commander of the 126th Home Guard
Regiment "Maks Luburic" of the Croatian Army from Sinj, which
participated in the operation "Maestral",
Renato Romic, chief brigadier of the Croatian Army, commander
of the 81st Guard Battalion from Virovitica, which participated in
the operation "Maestral" on the lam mot-~ipovo-~rkon Gjad
direction, now commander of the 2nd Guard Brigade of the
Croatian Army,
Marin Salado, first lieutenant, acting commander of the artillery
division, 1st Guard Brigade of the Croatian Defence Council
"Ante Bruno BuSiC,
Ante Saskov, deputy commander of the 1st Croatian Guard
Brigade, which was directly involved in the operation "Maestral",
Stanko (or Branko) Sopta, brigadier, commander of the 2nd
Guard Brigade of the Croatian Defence Council, which
participateci in the operation "Maestral" on the direction ~ipovo-
Jajce, Marko Stipic, security chief in the 79th Home Guard Regiment of
the Croatian Defence Council from Tomislavgrad,
Dario SuSic, commander of the 91st Home Guard Regiment of
the Croatian Defence Council from Vitez,
Ivo Turalija, commander of the 55th Home Guard Regiment of
the Croatian Defence Council from Bugojno,
Nikica Turudic, captain, intelligence officer, member of the
commando unit of the Croatian Defence Council "Gavran-2",
Mile ~uk, major general, commander of the Croatian Guard
Division, within which the 1st Croatian Guard Brigade
participated in the seizure of Mrkonjicad,
Anto Filipovic, major, commander of the airborne battalion within
the 1st Croatian Guard Brigade,
Miljenko Filipovic, major general, commander of the 1st Croatian
Guard Brigade, which directly participated in the operation
"Maestral" (seizure of Mrkonjicrad),
Jure Francetic, commander of the 93rd Home Guard Regiment
of the Croatian Defence Council in BusovaCa,
CeroveCki, chief of intelligence department, 7th Guard Brigade of
the Croatian Army "Pume" from Varaidin, which participated in
the seizure of MrkonjicGrad,
Ciber, lieutenant commander, SIS officer, member of the 1st
Croatian Guard Division,
Boio ~ajin, colonel, chief of staff of the 1st Guard Brigade of
the Croatian Defense Council "Ante Bruno BuSic", commander
who participated in the operation "Maestral"
Mario ~imunovic, deputy commander of the airborne battalion
within the1st Croatian Guard Brigade,
MEMBERS OF THE ARMY OF BOSNIA AND HERZEGOVINA AND
THElR ORDERING PARTIES
82. Alija Izetbegovic, president of the Presidency of Bosnia and
Herzegovina, born 8 August 1925 in Bosanski ~amac, father
Mustafa, mother Hiba neé Djabija, before the war resided in
Sarajevo, Hasana Kikica Street No. 14,
83. Rasim Delic, lieutenant colonel of the former JNA, born 4
February 1949 in ~elic, municipality of Lopare, father RaSid,
mother Derva neé Mulomerovic, until 1992 lieutenant colonel in
JNA, commander of the 5th Corps of the Muslim Army in the
rank of general, chief of staff of the Army of Bosnia and
Herzegovina,
698 Atif Dudakovic, bor2 December 1953 in Orahovo, municipality
of Bosanska GradiSka, father Omer, mother Sadifa, major of the
former JNA, now general in the Army of Bosnia and
Herzegovina, commander of the 5th Corps of the Army of
Bosnia and Herzegovina,
Amel Durakovic, commander of the770th Brigade, 7th Corps of
the Army of Bosnia and Herzegovina, Donji Vakuf
Hamdija Abdic, colonel, commander of thend Brigade of the
Army of Bosnia and Herzegovina from Bihac
Mehmed Alagic, general, born 8 July 1947 in Pajtovica,
municipality of Sanski Most, fathero, mother Fermana neé
Ceric, until July991 lieutenant colonel of the former JNA,
commander of the 7th Corps of the Army of Bosnia and
Herzegovina,
Muhamed Delalic, brigadier, commander of503rd Brigade of
the Army of Bosnia and Herzegovina from Bihac,
Sead Jusic, brigadier, commander of t505th Brigade of the
Army of Bosnia and Herzegovina from Buiim,
Nijaz Miljkovic, major, commander of 506th Brigade of the
Army of Bosnia and Herzegovina,
Ibrahim Nadarevic, colonel, commander of 517th Brigade of
the Army of Bosnia and Herzegovina,
Senad ~arganovic, brigadier, commander of t501st Brigade,
5th Corps of the Army of Bosnia and Herzegovina, Bihac.
Evidence:156196-18 21, 22, 23, 24, 25, 2 29,31,33;360196-16,
17, 18, 192,0, 22,25,27,28, 29,30,31,32,33,34, 36, 38, 42,
45, 46,47,48,50,51, 52; 409196-23,,4,5, 6,7,8,9, 11,13, 14,
16, 18, 192,0, 22,23,25, 26, 27,28,29,30,31,32,33, 34, 36,
37;410196-3 4,, 5,6,7,8,9,10,24;426196-4 5,6,7,8,10,14,
15,16, 17, 19,20,23,29,32, 33, 34,35, 36, 374 ,0, 41, 42, 44,
46, 47, 49,52,54, 55, 56, 596 ,2, 64,65;818195-12;818195-10;
453196-4 6,7,8,9,10, 11,12,13,14, 15, 16,17,20,21,22,23,
24, 25, 262,7,28, 30, 31,32, 34, 35, 36, 3378,,39,40, 41, 42,
43,45,46, 47,48, 51, 52,53,54,55,56;470196; 487196; 491196;
549196; 58419 671196;7.1S5.0. Srbobran (Donji Vakuf)
7.1.55.1. On 30 April 1992, Muslim soldiers from Bugojno blew up the
bridge over the River Vrbas in Donji Vakuf with a lorry-bornb in order
to kill Serb civilians and inflict extensive material damage. The
following civilians were killed in the explosion:
1. Miodrag Marjanac, and
2. an unidentified child, aged about 12.
Extensive material darnage to civilian facilities was inflicted by the
explosion.
Evidence: 33195-3and 333195-17
7.1.56.0. Doboj
7.1.56.1. On 6 May 1992 Croat soldiers frorn RiteSici and Brezik
villages in Doboj municipality attacked the nearby village of Majevac,
which had a mixed Serb-Croat population, and burned the houses of
Milo3 surnatic, Brana surnatic, Milorad surnatic, Maksim sumatic,
Milenko sumatic, Sreta sumatic and Petar sumatic, al1Serbs.
In the village ofRiteSici they killed:
1. Novak Popovic;
and then
2. Mirko Dejanovic.
Dejanovic had gone from Majevac to RiteSic to collect Popovic's body
for burial, but was brutally rnurdered. His head was chopped off with
a pickaxe and his genitals had been stuffed into his rnouth. The
witness says he had more than 100 stab wounds al1over his body.
Jela Titura from RiteSicitook part in this crime.
Evidence: 30194.7.1.57.0. Kozarska Dubica (Bosanska Dubica)
On 18 September '1995 around noon "black mamba" units of the
Croatian Army crossed the River Una to Serb-populated Kozarska
Dubica (former Bosanska Dubica) in the territory of the Republic of
Srpska, obviously with the consent of the authorities of Bosnia and
Herzegovina.
On this occasion they launched in a strong attack, including artillery
fire, while many Serb civilians were killed, individually and in groups,
with an intention of eradicating Serb ethnic group. The town and its
surroundings were heavily destroyed.
On 18 September 1995 many Serbs were wounded and survived by
pure chance, though death was obviously intended for them too.
Members of the 2ncl Guard Brigade of the Croatian Army "Gromovi"
(Thunder) accompanied "black mamba" troops.
A number of witnesses described the circumstances under which the
Croat soldiers attacked Kozarska Dubica, killed and wounded Serb
population and destroyed the town and its surrounding on 18
September 1995.
At this point excerpts from testimonies of several interviewed
witnesses will be presented.
Witness 727/96-33 mentioned:
"..I happened to be near the Kneiepoljka factory in Dubica on 18
September 1995. When Croat soldiers saw my car, they started
shooting and my car was riddled with shots. The Croatian soldiers
wore helmets and had 'black mamba' insignia on the sleeves..."
Witness 725/96-46 stated:
"...Members of the Croatian Army focused their attack on the
Kneiepoljka factory, where the first shift numbering 300-400 workers
was at work. Since we heard that many had been wounded there, I
drove in a van with visible Red Cross sign towards the other side ofthe factory to help drive away the wounded. I noticed an older man
named Tepic, who was wounded, we put him in the van and drove
further.Then I saw Croatian soldiers who were at a distance of some
30 meters. They opened heavy fire from infantry arms at the van,
disabling it for further ride. saw many killed civilians in the close
vicinity of the Kneiopoljka factory, but I could not approach their
bodies.
The next day, when the Croatian Army retreated, I learned that along
the direction of their advance they killed al1 civilians, old men and
women who were at their homes. I also learned that some 45
civilians had been killed ... During this attack a large number of
residential buildings and factory plants have been demolished or
damaged, as well as the "Nikola Tesla" elementary school ...Croatian
soldiers wounded about 70 civilians ..."
Witness 727196-35, member of the police force in Kozarska Dubica,
stated:
"...On 18 September 1995 1was in the police station when about 11
AM the Croatian Army started to attack the territory of Kozarska
Dubica from the left bank of the river Una. I went towards the
Kneiepoljka factory to find out what was going on and I saw that the
attack proceeded towards this factory. I saw civilians who were
leaving their houses and fleeing, and some cars ablaze near the
factory. During the attack of the Croatian Army about 350-400
workers were on their workplace at the factory. They evacuated the
factory from the rear side, through a hole they made in a wire fence.
I know that the attack was carried out by the members of the 2nd
Guard Brigade of the Croatian Army, whose members wore 'black
mamba' insignia. When they retreated, they left the bodiesof their 9
killedsoldiers behind. These soldiers had personal documents with
them that showed their identity. A topographic map was also found
on them, with marked direction of the attack of the Croatian Army.
On one of the maps it was written 'Action Drina 1995' ..."
Witness 727196-5stresses:
"...When we heard fire shots on 18 September 1995, 1met T.M. and
we drove in his car along the Milan Tepic Street to find out what was
going on. When we approached the Kneiepoljka factory at about 30
m, I noticed a group of soldiers and since we concluded that they
702were Croatian soldiers, T.M. swiftly put the car in reverse. The
soldiers then started to shoot at us and wounded me in the head.
After I was given first aid, we organised a front line with the
assistance of police and managed to drive Croatian soldiers, who
entered the town near the Kneiepoljka factory, across the Una.. . The
next day, we saw a large number of killed civilians at the point where
Croatian soldiers crossed the river Una..."
7.1.57.1. Serbs killed on 18 September 1995
According to available evidence, 45 Serb civilians were killed during
the attack of the Croatian Army on Kozarska Dubica on 18
September 1995. They include:
1. Mile Babic, from Kozarska Dubica, Dakona Avakuma Street No. 23
(LiSka Str., no house number), born 12 March 1947 in Dubica, father
Stojan, mother DuSanka neé Batajic, was employed with TPPM Work
Organisation. On 18 September 1995 he was at work and as a
civilian was killed in his car from firearms by the members of the
Croatian Army (witnesses 721196-12, 727196-1 0, 727196-31 , 725196-46,
36197-1).
2. Miroslavka Bakic, from the village of Vrioci, municipality Bosanska
Dubica, born 1960 in Bosanska Dubica, father DuSan, killed near the
bridge (36197-1).
3. DuSan Berberovic, pensioner from Verije, born 6 May 1934 in
~ivaja, municipality of Kostajnica, father Milan, mother Ljubica neé
Bivkovic, killed when he ran into Croatian soldiers (36197-1 and
727196-23).
4. Marinko Bobart, from the village of Verije, municipality Bosanska
Dubica, born 14 December 1943 in Banja Luka, killed when he met
Croatian soldiers near the former school centre (36197-1).
5. Milka Bobar, from Malo DvoriSte, municipality of Dubica.6. Dragan Budimir, from the village of spilje; Croatian soldiers
intercepted him while he was riding on a motorcycle and killed him
(witnesses 725196-7, 727196-41, 727196-39, 727196-52).
Thus, for example, witness 727196-39, a Serb woman born in 1916,
pensioner, testifies of an event on 18 September 1995 in connection
with the death of Dragan Budimir and says:
"...At one point I saw a man on a motorcycle riding down the street,
whom Croatian soldiers were stopping. When he approached them
they fired and killed him. 1learned later that it was Dragan Budimir ..."
7. Milo3 Budimir, from Vrioci, born 7 July 1954 in Bosanska Dubica,
father Milorad, mother Draginja neé Pekic, killed by Croatian soldiers
when he went out of his house (witnesses 727196-14, 727196-45,
727196-55,36197-1 ).
Witness 727196-14,a driver from Kozarska Dubica, stated:
"...When we noticed that in the factory, we broke through the fence
so that workers could get out. Croatian soldiers were killing civilians
who happened to be in their way. When Milo3 Budimir came by,
Croatian soldiers killed him on the spot ..."
8. Milorad Buha (or Bukva), from Komlenac, born 31 January 1961 in
Bosanska Dubica, father Milan, mother Milica neé Burazer, killed in a
passenger car in which he drove to fetch his wife. The car was then
set on fire and his body burnt (witnesses 727196-16,30, 33, 47, 51;
36197-1 ).
Speaking about the event of 18 September 1995, witness 727196-33
said, among other things:
"...On this occasion my cousin Ranko Tubic was killed and 1 also
saw rnany bodies of other killed Serbs. Many older men and women
were killed... I saw the bodies of killed Serbs and noticed that most
of them were strangled with a wire and that they were massacred. I
saw a body of a boy who could not be more than 15 years old. His
eyes were taken out and lay next to his body. I do not know his
name.. ."This witness mentions Milorad Buha as one of the victims.
The following passage of this witness's statement is particularly
interesting:
"...Afier the Croatian Army retreated, the bodies of nine Croatian
soldiers killed in the battle were lefi behind. They had personal
documents on them. Among them was Josip Macan, who was a
personal driver of Josip Paraga and Franjo Tudjman was personally
interested that his body be recovered. Draien Pajsera, personal driver
of Nikica Valentic, Croatian prime minister, was also killed."
9. Zoran Bulic, from the village of Bjelajci, born 18 April 1962 in
Bosanska Dubica, father Ratko, killed in the village of Gradina (36197-
1; witness 727196-56).
10. Branislav Vukmirovic, machinist from Kozarska Dubica, M. Antica
Street, no house number, born on 29 March 1958 in Bosanska
Dubica, father Nikola, mother Nevenka neé Petrovic, employed with
TPPM Work Organisation in Kozarska Dubica, killed on his workplace
on 18 September 1995 (witnesses 725196-46; 727196-10,31; 36197-1).
11. Milo3 Grbic from the village of Komlenac, born 25 November
1965 in Sisak, father Milan, killed on Cara Lazara Street (witness
727196-52;36197-1 ).
12. Milan Dabic (witness 725196-7).
13. Dmitar Derikuca, from Dubica, M. Antica Street, no house
number, born 27 October 1952 in Bosanska Dubica, killed and burnt
in the car of Milorad Bukva (36197-1, 727196-47).
14. Duro DragaS, from Kozarska Dubica, Vidovdanska Street No. 70,
born 15 July 1965 in Bosanska Dubica, father Savo, killed near TIK
enterprise (witness 725196-46,36197-1 ).
15. Draginja DragiÇevic, from the village of Vrioci, born 1919 in Vrioci,
father Jovan Nikoletic; she was wounded and Dragan Slijepac took
her in a car to seek medical help, but Croatian soldiers stopped him
in Majora Milana Tepica Street and killed them al1 (witness 727196-24,
39, 45, 53; 36197-1).
70516. Mirko Duric, from Kozarska Dubica, Ustanitka Street No. 35, born
17 July 1936 in Prusci, municipality Bosanski Novi, father Savo,
mother Miljka neé Marinkovic, employed with TPPM Work
Organisation in Kozarska Dubica, killed on 19 September 1995.
17. Dorde ZaviSic, from Kozarska Dubica, born 1 April 1950 in
Bosanska Dubica, father Sreto, employed with DRM, phoned to his
Il-year old daughter that he was coming home, but was killedon the
way near the bridge (witnesses 725196-7, 727196-33, 727196-50and
36197-1).
18. Mladen Zakic, textile worker, from the village of Vrioci, born 12
December 1935 in Jasenje, father DuSan, mother Jelica neé ~ado,
killed near the former school centre when he was leaving factory
where he was on the job (36197;witness 727196-15.
Witness 727196-15 stated:
"...Iwas among the last to leave Kneiepoljka factory. On that
occasion Croatian soldiers kille...and Mladen Zakic.. ."
19. DuSan Zgonjanin, driver, born 13 August 1946 in Zenica, father
Stojan, mother Danica neé Kneievic, permanent residence at
Prvomajska Street No. 7, employed with TPPM Work Organisation in
Kozarska Dubica. Killed in a passenger car ambushed by the
Croatian Army on Majora Tepica Street (witness 727196-10,31; 36197-
1).
Witness 727196-31, brother of DuSan Zgonjanin, mentioned what he
knew about the death of his brother and several other Serb civilians.
This witness says:
"...My brother DuSan Zgonjanin left in his Renault car with Rade
Stegic, Radovan Trubarac, Mile Babic and Branislav Vukmirovic
towards Kneiepoljka factory, where they were intercepted by the
members of the Croatian Army who started shooting at the car driven
by my brother and killed al1 five. Stegic's body was found in the car
al1 pierced with bullets, while the bodies of other four were found
nearby. 1 concluded that Croatian soldiers ordered them to get out of
the car and then killed them..."
70620. Duka Mataruga, permanent residence at Vladimira Jovanovica
Street, no house number, born 6 April 1939 in Bosanska Dubica,
father Rade, employed with DRM, killed on 18 September 1995
(witness 725196-7; 36197-1).
21. Milenko Macura, from Kozarska Dubica, Vidovdanska Street No.
55, born 17 June 1959 in Bosanska Dubica, father Milenko, mother
Kosa neé Radulovic, employed with TPPM Work Organisation in
Kozarska Dubica, was on his workplace and when the attack started
went towards his house, where his children were. He was killed on
the Street while he was trying to help a wounded person, when
Croatian soldiers came by and killed him (witness 727196-18; 36197-
1).
22. Dragoslav Mirnic, schoolboy from Kozarska Dubica, born 13
February 1978 in Bosanska Dubica, father Stanoje, mother Ljiljana
neé Beric, captured and killed by Croatian soldiers on Majora Milana
Tepica Street (36197-1; witness 727196-54).
23. Sreto Pokrajac, Petra Pecije, no house number, born 3 March
1958 in Bosanska Dubica, father Milan, mother Radosava neé Nikic,
killed on 18 September 1995 near TIK enterprise (36197-1; witnesses
727196-16, 23).
24. Ouro Pralica from ~pilja, born 2 April 1934 in TukljuEani,
municipality Bosanska Dubica, father MiloS, killed near the textile
factory Kneiepoljka when he left the plant (36197-1; witnesses 727196-
14, 15, 16).
Here are fragments from statements of witnesses 727196-14 and
727196-15.
Thus, witness 727196-14says:
"...When MiloS Budimir appeared on a motorcycle, Croatian soldiers
killed him on the spot. Then appeared Duro Pralica and they killed
him too ..."
Witness 727196-15 testified:"...I was among the last to leave Kneiepoljka factory. On that
occasion Croatian soldiers killed Duro Pralica and Mladen Zakic..."
25. llija PuSkar, from Kostajnica, born 10 February 1949 in Kostajnica,
killed on 18 September 1995, body found in water (36197-1).
26. Milan Ranilovic (RaSlavic), pensioner from Kozarska Dubica,
Majora Milana Tepica Street No. 106, born 12 May 1935 in ~elebinci,
municipality Bosanska Dubica, father Pero, mother Kosa neé ~kara,
killed in his yard (witness 725196-9and 36197-1).
27. Svetozar Reljic-Svetko, from the village of Suvaja, municipality
Kozarska Dubica, born 2 May 1934 in Suvaja, capturdd in Vrioci by
the members of the Croatian Army on 18 September 1995 and after
beastly torture killed in Hrvatska Dubica (witnesses 727196-17 and 20;
36197-4).
Witness 727196-20 gave a detailed account of how he and late
Svetozar Reljic were ambushed by the Croatian soldiers on 18
September 1995, what happened when they were taken across the
Una to Hrvatska Dubica and led to the premises of the Forest
Authority, about the behaviour of Josip Batinovic from Hrvatska
Dubica, member of the "black mamba" unit, and how Svetozar Reljic
was killed.
The witness, among other things, mentions the following:
"...Svetozar Reljic and 1 were ambushed by the Croatian soldiers,
who captured us and took us in a boat across the Una to the village
of Bacin on the territory of Hrvatska Dubica. They tied us immediately
and started to beat us and trample with their feet. These Croatian
soldiers wore 'black mamba' insignia. They took us to the ~umarija
(Forest Authority) building in Hrvatska Dubica. They beat us up in
front of the building so severely that I fainted. In the building they
beat us up again savagely and took us to Josip Batinovic, whom we
did not want to tell where Our positions were. He said then: 'Take
them out and do with them whatever you want'. They tied us with a
rope around Our necks and the ends of rope, across the back, were
tied to Our feet and hands, so that the rope tightened around the
neck if we moved feet or hands. They called this a 'death tie'. Next,
they burned some plastic above Our heads and this molten material
708dripped on Our heads and shoulders, ran down Our arms and other
parts of body. While doing this, Croatian soldiers laughed, while we
were in terrible pain.hen they ordered us to stretch Our arms which
they stabbed and cut with knifes and than they made a cut across
my forehead. They also cut me around ears, on head and back.
They trampled on me with the boots while we lay prostrate and thus
broke 7 of my ribs. They asked me and Svetozar whether we knew
how to swim and when we said we didn't they told us that we were
going to swim in the Una. At this point Svetozar strangled himself
with a 'death tie' and they ordered me to wheel his body towards the
Una in a pushcart..."
The same witness mentioned the following details:
"...At one point they threatened Svetozar and me that they would
bring a doctor who would inject poison into Our veins and thus make
us tell whatever we didn't want to Say voluntarily. They even sent a
soldier to find this doctor, but he perhaps had not found him.."
Finally, this witness explains how he managed to escape. He testifies:
"...When we reached Una 1 managed to jump into water, while they
were shooting at me and hit me in the leg. 1 somehow managed to
Save myself. I swam across the Una and was given medical help in
the clinic in Dubica and was later hospitalise..."
28. Milan Rokic, from the village of Donja Gradina No. 57, born 1
January 1956 in Bosanska Dubica, father Mladen, killed on Cara
Lazara Street (36197-1).
29. Dragan Slijepac, from Vrioci, municipality Kozarska Dubica, born
on 7 August 1953 in Bosanska Dubica, father BoSko, employed with
TIK, killed on 18 September 1995 when he took wounded women
Draginja Nikoletic,Anka and Milka Crljenica to the doctor in his car.
Croatian soldiers stopped them on Majora Tepica Street and killed
them al1(witnesses 725196-7,22, 33 and 45).
30. Milenko Slijeptevic, from Dubica, MiloSa Obilica Street, no house
number, killed on 18 September 1995 (36197-1).31. Rade Stegic, engineer, born 15 September 1958 in Bosanska
Dubica, father DuSan, killed in a passenger car ambushed by the
Croatian soldiers (36197-1;witnesses 727196-10,31; 725196-7,46).
32. Petar Timarac, with permanent residence at ~arka Zgonjanina
Street No. 17, born 12 July 1946 in Brezik, municipalityNaSice, father
Stjepan, mother Perka neé Narandiic, employed with the textile
industry Kneiepoljka, killed near his firm (36197-1).
33. Mile Tomas, carpenter from the village of Suvaja, born 15 April
1948 in Suvaja, municipality Bosanska Dubica, father Marko, mother
Rosa neé Popovic, killed by a shell that exploded in the yard of Sveti
Sava elementary school (36197-1; witness 727196-52).
34. Radovan Trubarac, mechanical engineer from Kozarska Dubica,
Desanke Maksimovic Street, no house number (Beogradska Street, no
house number), born 8 February (11 November) 1953 in MljeEanica,
municipality Dubica, father Radoje, mother Nevenka neé Popovic,
employed with TPPM Kozarska Dubica, killed in a passenger car near
Kneiopoljka factory (36197-1; witnesses 725196-7 and 46; 727196-11
and 31).
35. Ranko Tubic, from the village of USivac, municipality Kozarska
Dubica, born 6 May 1965 in Bosanska Dubica, father Marinko, killed
on Cara Lazara Street (36197-1;witness 727196-33and 52).
36. Manda ~ibic, killed in a car with husband Petar (witness 725196-
46).
37. Petar Cibic, pensioner from Kozarska Dubica, Zrtava faSistickog
terora Street No. 1, born 11 February 1934 in the village of ~evarlije,
municipality Bosanska Dubica, father Ljubomir, killed in a passenger
car on the trunk road Kostajnica-Kozarska Dubica (36197-1, witness
727196-39).
38. Slobodan Ciric, technician from the village Meduvoda, municipality
Kozarska Dubica, born 22 September 1970 in Sisak, father Ratko,
mother Mileva neé Milivojac, killed near Predinica enterprise (36197-1;
witness 727196-33).39. Milenko CuSic, from the village of Hadiibair, born 13 February
1943 in Kotor VaroS, father Aleksa, killed near the bridge (36197-1).
40. Muris HaSic, with permanent residence on Cara Lazara Street, no
house number, born 25 February 1951 in Pirot, father Ilijaz, killed on
18 September 1995 (36197-1 ).
41. Anka Crljenica, from the village of Mrazovci, born 1923 in
~evarlije, father Arso, wounded by a shell, so that Dragan Slijepac
took her in his car to seek medical help, but Croatian soldiers
stopped them in Majora Milana Tepica Street and killed them
(witnesses 727196-24,39, 45 and 53).
42. Milan Crljenica, from Kozarska Dubica, Majora Milana Tepica
Street No. 134, born 22 May 1960 (1961) in Dubica, father MiloS,
mother Stojka, killed in front of his house (36197-1,witness 725196-7).
Witness 727196-7, a Serb woman born in Kozarska Dubica in 1963,
where she lived, gave a moving testimony about how her neighbour
Milan Crljenica was deprived of life after Croatian soldiers came to
her house.
The witness states:
"...As soon as they came, these Croatian soldiers ordered me, my
children and neighbour Milan Crljenica's children to get out of the
house and lie on the lawn in front of the house. Then Milan Crljenica
appeared and Croatian soldiers ordered him to lie down too.
After that, one of the soldiers fired a few shots in Milan's head in
front of his children who were quite close..."
43. Milka Crljenica, from the village of Mrazovci, born 12 July 1916 in
Mrazovci, father Rade, was wounded, so that Dragan Slijepac took
her in his car to seek medical help, but Croatian soldiers stopped
them on Majora Milana Tepica Street and killed them (witnesses
727196-23,39, 45 and 53).
44. Ranko sipka, from the village of Bjelajci, municipality Kozarska
Dubica, born 3 June 1956 in Bjelajci, killed near the bridge (36197
and witness 725196-7).45. Aleksa ~uvak, from Kozarska Dubica, Hadiibair, born 3 May 1937
in Bosanska Dubica, father Luka, killed on the bridge (witnesses
725196-7, 725196-46and 36197-1). (Annex No. C 78, svedoëenje
M.N./testemony M.N., pp. c792-~7951~796-c798)
7.1.57.2. Serb civilians wounded in the attack of the Croatian army on
18 September 1995
As already mentioned in the introduction, many Serb civilians were
wounded in the attack of the Croatian army on Serb population in
Kozarska Dubica on 18 September 1995, and according to the
evidence compiled so far the following were wounded:
1. Ostoja Bakic, from Kozarska Dubica, DuSanaSilnog Street No. 72,
2. Bobar Milja, from the village of Kneiica, wounded while she rode a
bike,
3. Danijela Bosanëic, wounded in the warehouse in the Puhalo
neighbourhood,
4. Predrag Brdar, from Kozarska Dubica, Pwomajska Street,
5. Zoran Gvozden, from Kozarska Dubica, S. Jovanovica Street No.
26,
6. Marinko Gvozden, from Kozarska Dubica, M. Antica Street,
7. Milan Gligic, from JoSik, municipality Kozarska Dubica,
8. Nada Danica, from Kozarska Dubica, M. Antica SIR, severely
wounded, transferred to a hospital in Prijedor,
9. Draginja DragiEevic,had her left arm torn off by a shell fragment,
10. Biljana Dugajlic, wounded in the warehouse in the Puhalo
neighbourhood,
11. Mihajlo Duric, from Kneiice, municipality Kozarska Dubica,12. Milo5 Kasparovic, worker from Dubica, Miroslava Antica Street No.
6815, born 19 December 1949 in Draksenic, father Borko, treated for
a rnonth and a half in hospitals in Banja Luka and Belgrade from
injuries sustained (witness 727196-44).
13. Stevo Kneievic, tinsmith from Dubica, born 1965, father
Dragoljub, wounded in the head (witness 727196-55).
14. Goran Kondic, wounded at his workplace, in the doorrnan's booth
of Kneiopoljka factory.
15. Mirko Kos,
16. Dragan Krnjajic, wounded at his workplace in Kneiopoljka factory,
received medical treatrnent in the hospital in Prijedor,
17. Duro Lazic, from Kozarska Dubica, Majora Milana Tepica Street
No. 69,
18. Radosava Latinovic, frorn Meduvode, rnunicipality Kozarska
Dubica,
19. llija Maksimovic, from Mededa, municipality Kozarska Dubica,
20. Miroslavka Milankovic, frorn the village of Vrioci, rnunicipality
Kozarska Dubica, born 18 August 1956 in the village of VlaSkovci,
municipality Kozarska Dubica, father DuSan; after she was wounded,
Croatian soldiers took her across the Una. She was hospitalised in
Petrinja for two weeks and then was kept in Croatian camps until 16
February 1996 when she was exchanged (witness 727196-41).
21. Miroslav Milinovic, from the village of Johovo, rnunicipality
Kozarska Dubica,
22. Slavica MiloSevic, wounded in the warehouse in the Puhalo
neighbourhood,
23. Milan Miroslav, from Kozarska Dubica, Kneza Mihajla Street No.
23,24. Branko Novakovic, from the village of Strigovo, municipality
Kozarska Dubica,
25. Mirko Rodic, farmer from the village of Novoselci, municipality
Dubica, born 20 March 1966 in Bosanska Dubica, father Vujo, his leg
wound was treated in the hospitals in Prijedor and Belgrade (witness
727196-25).
26. Stana Roiic, a clerk from Vrioci, municipality Kozarska Dubica,
born 16 April 1958 in Banja Luka, father Svetko, was wounded and
subsequently treated for ten days in the hospitals in Prijedor and
Banja Luka (witness 727196-29).
27. Milan RuEanov, from Kozarska Dubica, Paje Grbica Street, no
house number,
28. DraSko SlijepEevic, from Kozarska Dubica, Trebinjska Street No.
27.
29. Nedeljko Stanic, from Kozarska Dubica, Hajduk Veljkova Street
No. 29,
30. Milan Stanojevic, from the village of Koturovi, municipality
Kozarska Dubica,
31. Brane Stojakovic, from the village of Dizdarlije, municipality
Kozarska Dubica,
32. Radenko Suzic, from Kozarska Dubica, Kneza MiloSa Street No.
25.
33. llija Tepic, from Kozarska Dubica, Cara Lazara Street, no house
number,
34. Milutin Tepic, from Kozarska Dubica, Kirila Hadiica Street No. 19,
35. Mirko Tepic, from Kozarska Dubica, DuSana Silnog Street No. 14,
36. Milan Cibic, from the village ofspilja,
37. Predrag ~evo, from Kozarska Dubica, Petra Pecije Street No. 10,
71438. Miroslav ~trbac, from the village of Hadiibajir, municipality
Kozarska Dubica.
Evidence: 725196-7, 725196-9, 725196-46,727196-5, 727196-7, 727196-
1O, 727196-11, 727196-12, 727196-1 4, 727196-15, 727196-16, 727196-
17, 727196-18, 727196-20, 727196-22,727196-23, 727196-24, 727196-
25, 727196-26, 727196-29, 727196-30, 727196-31,727196-32, 727196-
33, 727196-35, 727196-39, 727196-41, 727196-44, 727196-457 , 27196-
47, 727196-50, 727196-51, 727196-52, 727196-53, 727196-54, 727196-
55, 727196-56, 36197-1, 36197-4.
7.158.0. GradiSka (Bosanska GradiSka)
7.1.58.1. During the attack of the Croatian army on Western Slavonia
on 1 May 1995 Serb population frorn that part of Krajina was fleeing
across the bridge on the Sava river to Bosanska GradiSka.
On that day, from the left bank of the Sava river, from the territory of
Croatia, the Croatian forces also shelled Bosanska GradiSka, situated
on the right bank of the Sava river, on the territory of the Republic of
Srpska, so that the population sought refuge in nearby villages, while
those who stayed behind hid in cellars.
The shelling of GradiSka frorn the territory of Croatia continued the
next day, 2 May, at 6 AM, and the town was also bombed by the
Croatian air force. Four bombs landed in Jerosalemska Street,
levelling four and darnaging 16 buildings.
These attacks were not provoked in any way.
On that occasion the following were killed:
1. Vidosav Acimovic, from GradiSka, born 16 July 1943 in Rekavica,
municipality of Banja Luka, father Velirnir, mother Radojka, killed by a
shell at 1:50 PM (witness 181197-8).
2. Danijela Gojic, from GradiSka, born 26 November 1989 in
GradiSka, father Dragan, mother Gordana neé Jokic, killed withbrother Nemanja on 2 May around 6 AM by an aeroplane bomb that
fell on their house (witnesses 715195-8, 181197-7).
3. Nemanja Gojic, pupil from GradiSka, born 8 December 1984 in
Nova GradiSka, father Dragan, mother Gordana neé Jokic,killed with
sister Danijela by a bomb dropped from an aeroplane on their house
on 2 May around 6 AM (witnesses 715195-18, 181197-7).
4. Darinka Kutic, born 1918 in Kotor VaroS, wife of Mladen Kutic,
both killed on 2 May around 12:30 PM in the village of BrestovCina,3
kilometers from Bosanska GradiSka (witness 181197-4).
5. Mladen Kutic, born 10 March 1912 in Rahici, municipality of
Kneievo, killed with wife on 2 May around 12:30 PM in the village of
Brestovtina, 3 kilometers from Bosanska Gradiska (witness 181197-4).
6. Ljubica Peric, from Brezik- Laminci village near Bosanska GradiSka,
born 6 May 1921 in Brestovtina, municipality of GradiSka, father llija
Peric, mother Ana neé Sarajlic, wounded by a shell that hit her
house on 2 May and died the next day in the hospital in Banja Luka
(witness 181197-6).
7. Stevo Ranilovic, from GaSnica, municipality of Bosanska GradiSka,
born 9 August 1969 in GradiSka, father Dura, mother Radosava neé
Bjelajac, killed by a bomb dropped from an aeroplane on 2 May.
8. Danijel Ratkovic, pupil from Brezik, Laminci 164la, born 1
November 1977 father Drago, mother DuSanka neé Bjelajac, killed by
a shell on 1 May around 12:30 PM in Brezik (witness 181197-5).
9. Nikolina RaCic, pupil, born 9 April 1978, father Mladen, mother
Branka, killed on 2. May 1995 at 2:30 PM by a shell at her house in
the village of Bok Jankovac, municipality of GradiSka (witnesses
715/95-31, 181197-2).
10. Marija Tadic, from GradiSka, born 15 September 1940 in Drvar,
father DuSan, mother Buka neé Rodic, killed by a shell with her
granddaughter on Hilendarska Street on 1 May around 7:45 PM
(witness 181197-1).11. Una Tadic, born 1 July 1992 in GradiSka, father SaSa, mother
Biljana neé Vuruna, killed by a shell on Hilendarska Street on 1 May
around 7:45 PM (witness 181197-1).
12. Unidentified male, aged 26 from the village of Bistrik, municipality
of Bosanska GradiSka.
On that occasion the following, among others, were wounded:
1. Gordana Gojic, who sustained severeinjuries (witness 715195-18),
2. Bogdan Popovic, from Podgradci, municipality of GradiSka,
3. Biljana Tadic, from GradiSka, Vidovdanska Street No. 60, born 5
October 1965 in GradiSka.
4. Unidentified female, Gordana Gojic's sister, who lost both eyes
(witness 715195-18),
5. Unidentified man, whose lefi leg was torn away (witness 715195-
18),
Responsibility for these crimes rests with the highest authorities of
Bosnia-Herzegovina and the Republic of Croatia.
Evidence: 439195-1, 439195-2, 439195-3, 439195-4, 439195-5, 439195-6,
715195-17, 715195-18, 715195-19, 715195-20, 715/95-21, 715195-22,
715195-23, 715195-24, 715195-25, 715195-26, 715/95-27, 715/95-28,
715195-31, 181197-1, 181197-2, 181197-4, 181197-5, 181197-6, 181197-
7? 181197-8.
7.1.59.0.GradaSac
7.1.59.1. The following citizens of Serbian nationality were killed in
the GradaEac region:
1. N. Brkovic, wife of Radovan Brkovic, from Cerik, over 50 years
old, killed on 28 August 1992 when Muslims and Croats entered her
village killing al1remaining Serbs (witness 516196-37),2. N. Brkovic, from Cerik, about 17 years old, father Radovan, killed
with her mother and father on 28 August 1992. Witness 516196-37
found out that she was tortured and probably raped before she was
killed.
3. Milutin Dragicevic, from Cerik, about 50 years old, killed on 28
August 1992 when Muslims and Croats made their way into his
village (witness 516/96-37)
4. Risto JoviEic, from Cerik, about 70 years old, killed on 28 August
1992 when Muslims and Croats entered his village (witness 516196-
37).
Responsible for these crimes: ~efko MeSanovic, mayor of GradaEac,
before the war employed with the Social Security Office; MijaEevic, a
Croat, commander of the territorial defence headquarters in GradaEac;
Sead Delic, deputy commander of the territorial defence headquarters
in GradaCac; Emir Selimovic, military police commander; Mustafa
SuSic, aka "Mute", Muslim police station commander in Srbica;
Sediad Hasendiic, director of the Public Revenue Service before the
war, member of the top SDA leadership in GradaEac; Petar Radic,
high school mathematics teacher before the war, Croat, member of
top municipal leadership in GradaCac.
7.1.60.0. Kakanj
7.1.60.1. Since the outbreak of conflict, Serbian population, as
minority in Kakanj, was intimidated and attacked by the Muslims and
was forced to flee to the Serb-held areas.
On 31 October 1992, Muslims killed the following Serb civilians in the
house of Slobodan Vulic in Omladinska Street:
1. Radovan Vulic, born 1921, and his wife
2. Milka Vulic, born 1921.
Radovan was slaughtered, and Milka struck with an axe on her head.Evidence: 594194-22
7.1.61.O.Krupa na Uni
7.1.61.l. Between 1992 and 1995, the following members of Serbian
nationality were killed in this town and surrounding villages or were
reported missing, but available evidence gives ground to believe that
they were killed:
1. Babic, from the village of SokoliSte, municipality of Novi Grad, was
incarcerated at the beginning of July 1995 in the cellar of Hotel
"Buiim" in Buiim and since 12 July 1995 his fate is unknown
(witness 61197-38).
2 Branko Banjac, about 55 years old, from the village of Drenova
Glavica, killed by a Muslim sabotage group that crossed the river Una
in spring 1992. His body was found in the village of Drenova Glavica
on the road toward Novi Grad (witness 61197-12).
3. Zoran Banjac, born 1965 in the village of Drenova Glavica, killed
by a Muslim sabotage group that crossed the river Una in spring
1992. His body was found in the village of Drenova Glavica on the
road toward Novi Grad (witness 61/97-12).
4. Mladen Beronja, about 70 years old, from the village of Donja
Ivanjska, municipality of Bosanska Krupa, stayed in his village in
1995, when the Muslim army occupied that area. After that he was
killed in hisouse and his body was massacred (witness 61197-6).
5. Dmitar Boltic, from the village of Podbran, municipality of Bosanska
Krupa, stayed in his village after 14 September 1995 where he was
later killed by the Muslims (witness 61197-9).
6. are Vuruna, from Novi Grad, was incarcerated at the beginning of
July 1995 in the cellar of Hotel "Buiim" in Buiim and since 12 July
1995 his fate is unknown (witness 61197-38).
7. Marko Gak, from the village of Suvaja, rnunicipality of Bosanska
Krupa, born 1920 (1922), father Nikola, stayed in his village when it
719was captured by the Muslim army on 14 September 1995, and his
fate is unknown since (witnesses 61197-11, 195197-1 9).
8. DuSan Dakic, from Donja Ivanjska, arrested by members of the
Muslim army after his village was captured in July or August 1995,
and his fate is unknown since (witness 61197-9).
9. Zdravko Despot, killed as soon as he was captured on 16
September 1995 on the Vranjska-Radic frontline near Bosanska
Krupa by members of the 505th Buiim brigade (witness 61/97-32).
10. Branko Erceg, from the village of the Blatna, municipality of Novi
Grad, was incarcerated at the beginning of July 1995 in the cellar of
Hotel "Buiim" in Buiim and since 12 July 1995 his fate was
unknown. His body was exchanged in 1996 (witness 61/97-38).
11. Mile Zec, about 70 years old, from the village of Donja Ivanjska,
municipality of Bosanska Krupa, stayed in his village in July or
August 1995, the when Muslim army occupied that area. After that he
was killed in his house and his body was massacred (witness 61197-
9).
12. Petar Jelata, from the village of Suvaja, municipality of Bosanska
Krupa, born 1909, father Milo, stayed in his village when it was
seized by the Muslim army on 14 September 1995 and his fate is
unknown (witnesses 61197-11, 195197-19).
13. Mirko Jerkovic, from the village of Suvaja, municipality of
Bosanska Krupa, born 1937, stayed in his village when it was seized
on 14 September 1995 by the Muslim army and his fate is unknown
(witness 61197-11).
14. Mladen
Lovric, about 55 years old, from the village of Donja
Ivanjska, municipality of Bosanska Krupa, stayed in his village in July
or August 1995 when the Muslim army occupied that area. After that
he was killed in his house and his body was massacred (witness
61197-9).
15. Rade LukaS, from the village of Rudice, municipality of Novi Grad,
was incarcerated at the beginning of July 1995 in the cellar of Hotel"Buiim" in Buiim â.nd since 12 July 1995 his fate is unknown.
(witness 61197-38).
16. Zdravko Milinovic, killed as soon as he was captured on 16
September 1995 on the Vranjska - Radic frontline near Bosanska
Krupa by members of the 505th Buiim brigade (witness 61/97-32).
17. Milan Svjetlica, from the village of BuSevic, born 1965 ,killed in
front of his house (witness 61/97-12).
18. Spase, family na.me unknown, was incarcerated at the beginning
of July 1995 in the cellar of Hotel "Buiim" in Buiim and since 12
July 1995 his fate is unknown. (witness 61197-38).
19. ~eljko Stojanovic, from the village of Drenova Glavica, municipality
of Bosanska Krupa, 17 years old, killed in 1993, by the Mtislims
(witness 61197-12).
20. Fadilin, was incarcerated at the beginning of July 1995 in the
cellar of Hotel "Buiiin" inBuiim and since 12 July 1995 his fate is
unknown. (witness 61197-38).
The perpetrators are members of the military and civilian authorities in
Krupa, and especially members of the 505th Buiim brigade of the
Army of Bosnia and Herzegovina.
Evidence: 61/97-9, 6'1197-11, 61197-12, 61197-32, 195197-9
7.1.62.0. Sanski Most
7.1.62.1. Between 1992 and 1996, the following members of Serbian
nationality were killed in Sanski Most and surrounding villages or
were reported rnissing, but available evidence gives ground to believe
that they were killed:
1. Petar AniCic, frorn the village of Tornina, municipality of Sanski
Most, born 1937, father Rade, missing since 16 September 1995
when members of the Muslim army seized the village of Tomina, and
his fate is unknown, and he is assumed to have been killed.
72 12. Rajko Bajic, from the village of Podovi, about 55 years old, killed
on 17 September 1995 by members of the 5th Corps, Army of
Bosnia and Herzegovina. His body was found about one kilometre
from the village where he was killed (witnesses 726196-2,83197-1 ).
3. Dosta Brajic, from the village of Brajic Tavan, aged about 65. After
Sanski Most was captured on 10 October 1995, she was taken to the
detention camp next to the movie theatre, where she died after a few
days (witness 195197-28).
4. Stojan Vajic, from the village of Bosanski Milanovac, municipality of
Sanski Most, handicapped and bedridden, stayed in his house on 10
September 1995 when that area was occupied by the Muslim army.
There are reasons to believe that he was killed (witness 61197-6).
5. BoSko DoSenovic, from Sanski Most, about 70 years old, died from
injuries sustained during beating in the camp located in the movie
theatre in Sanski Most, three days before the exchange on 21
January 1996 (witness 727196-1 9).
6. Mirko DoSenovic, from the village of Fajtovci, municipality of Sanski
Most, born 1949, father Pero, mother Mara. On 29 July 1992 he took
his livestock to grazing, and six days later his body was found in the
wood, with his throat slit. This was done by the Muslim solders from
a nearby village (witness 195197-20).
7. Pero DoSenovic, machinist, from the village of Bosanski Milanovac,
municipality of Sanski Most, born 26 June 1957 in Bosanski
Milanovac, father Zdravko, mother Zorka neé Savanovic,towards the
end of July he went with his father to visit his wounded sister, and
when they were passing through a Muslim village Muslims attacked
them and killed Zdravko (witness 195197-1 6).
8. Tode DoSenovic, watchmaker from Sanski Most, about 45 years
old, father Mirko, killed with his son on 10 October 1995 when the
Muslim army attacked a column of refugees fleeing from Sanski Most
(witness 195197-18).9. DoSenovic, 15 years old, father Tode, killed with his father on 10
October 1995 when the Muslim army assaulted a column of refugees
fleeing from Sanski Most (witness 195197-1 8).
10. Sinisa Dukic, from the village of Podlug, municipality of Sanski
Most, captured on 20 September 1995 as a member of the Army of
the Republic of Srpska in the village of Dabar near Sanski Most, by
members of reconnaissance-sabotage company "Apa3",517th Cazin
Brigade and taken to the Mreinica hill, where they were shot by
Hodiic, khoja, member of the sabotage company (witness 547196-30).
11. Duro Durdevic, slaughtered in Sanski Most in mid-October 1995,
after the town was seized by the Muslims (witness 427196).
12. Stojanka Durdevic, wife of Duro Durdevic, slaughtered with her
husband in Sanski Most in mid-October 1995, after the town was
seized by the Muslims (witness 427196).
13. Dragica Doric, from the village of Krkojevci, municipality of Sanski
Most, about 55 years old, was incarcerated in the police station
garage, where from she was taken with her husband. There are
reasons to believe that they were killed (witness 727196-11).
14. DuSan Jagodic, from the village of Podovi, municipality of Sanski
Most, born 1933 in the village of Podovi, father Gojko, serious mental
patient, slaughtered on 16 September 1995 when members of the
Muslim army entered his village killing al1 remaining civilians (witness
726196-2).
15. DuSanka Jagodic, from the village of Podovi, municipality of
Sanski Most, aged 50-60, killed on 16 September 1995 on a country
road by members of the 5th Corps of the Muslim army (witness
83197-1).
16. Durad Jagodic, from the village of Podovi, municipality of Sanski
Most, born 5 May 1935, father Mihajlo, mother Milica neé Lukic,
captured by members of the 501th Brigade and subsequently killed
on 16 September 1995 on Mt. Mulei by members of the 5th Corps
of the Muslim army (witnesses 83197-1, 180197-1).17. Konstantin Jagodié-Kosta, from the village of Podovi, municipality
of Sanski Most, born 1918, slaughtered on 16 September 1995, when
members of the Muslim army entered his village, killing al1 remaining
civilians. Muslimsoldiers took Konstantin's wife to her hdsband's body
telling her: "Come and see what your Kosta is doing, how he reads
newspapers". When she approached the body, she saw that he was
killed and a paper placed in his hands as if he were reading it
(witnesses 818195-1 9, 726196-2,83197-1 ).
18. Todor Jagodic (Teodor), from the village of Podovi, about 50
years old, father UroS, reported missing during the incursion of
Muslims in his village in September 1995.
19. Radovan JakSic, captured as a member of the Army of Republika
Srpska, probably in September 1995, when he was alive and nothing
has been heard of him since (witness 252197-2).
20. KovaEevic (first), killed with his brother on 19 September 1995 in
the village of LuSci Palanka near Sanski Most by a shell fired from
the Muslim lines (witness 195197-1 8).
21. KovaCevic (second), killed with his brother on 19 September 1995
in the village ofLuSci Palanka near Sanski Most by a shell fired from
the Muslim lines (witness 195197-1 8).
22. llija Kondic, from the village of Podovi, municipality Sanski Most,
about 40 years old, father Pantelija, killed on 16 September 1995
when members of the Muslim army barged into his village and killed
al1civilians they found in the village (witness 83197-1).
23. Savo Kondic, from the village of Podovi, municipality Sanski Most,
born 1971, father Spasoje (witness 83197-1).
24. Stevan Kondic, from the village of Podovi, house number 19,
municipality Sanski Most, born 22 December 1929 in Podovi, father
UroS, mother Jovanka, killed on 16 September 1995 in front of his
house with a blunt object swung on his head when members of the
5th Corps of the Muslim army stormed into his village and killed al1
civilians they found in the village (witnesses 726196-2, 83197-1,83197-
3).25. Kosovac, from the village of Potkralj, happened to be in the
village ofLuSci Palanka on 19 September 1995, when Muslims fired
a shell from their lines that killed him (witness 195197-18).
26. Sava Mandic, from Zdenak (or Zdeljak) near Sanski Most, aged
78, killed by Muslimç in her house after they seized the village.
27. Rade Milinkovic, engineer from Sanski Most, employed with the
School Centre, captured as a member of the Army of Republika
Srpska in September 1995 and then killed (witness 252197-1).
23. Mile Miljevic, from the village of Grdanovci, municipality Sanski
Most, born 1929 in Grdanovci, father Sava, stayed in his village on
10 October 1995 when the area was seized by the members of the
Muslim army who killed him. He was probably killed near the
DoSenovic cemetery (witnesses 61197-1 3, 195197-15).
29. Radovan Mudrinic, from the village of Dabar, municipality Sanski
Most, born 1969, father Milan, captured as a member of the Army of
Republika Srpska or120 September 1995 in Mreinica (or Dabar) near
Sanski Most by reconnaissance-sabotage Company "ApaS" (Apache)
within the 517th Cazin (or KladuSa) Brigade. He was taken to the
Mreinica hill, where he was shot dead by Hodiic, a khoja, member
of the sabotage cornpany. His body was found 4-5 days later, when
Muslim units were tiriven away from the area. His throat was slit, he
had numerous stab wounds in the chest, while his penis was cut off
(witnesses 547196-30,61197-14, 195197-26).
30. Duro Orelj, frorri Bjelaj, municipality Bosanski Petrovac, born 1908
in Bjelaj, father Simo, mother Safija neé Vojvodic, died towards the
end of 1995 in his daughter's arms (witness 701196-21) in the camp
located in the movie theatre in Sanski Most, following torture.
31. Nikola Orlovic, from Zdena near Sanski Most, killed in August
1995 by the Muslirns; his body was exchanged with legs and head
missing and was buried as such in Banja Luka (witness 61197-14).
32. Burad Pantelic., from the village of Podovi, municipality Sanski
Most, about 66 years old, father Milo, killed on 16 September 1995 in
his village by members of the 5th Corps of the Muslim army (witness
83197-1).
72533. Mi30 Paripovic, from the village of Miljevci, happened to be in the
village ofLuSci Palanka, municipality Sanski Most, on 19 September
1995, when he was killed by a shell fired by the Muslim army
(witness 195197-).
34. Vasilije Popovic, father Mitar, lastn in the village of Radanovo
Polje before the Muslim army seized Sanski Most in August 1995 and
nothing has been heard of him since (witness 61/97-14).
35. Vid Popovic, from the village of Tomina, municipality Sanski Most,
killed on 16 September 1995 when members of the Muslim army
seized Tomina and killed civilians they found in this village. Their
bodies were found after 4-5 days when the Army of Republika Srpska
liberated the village.
36. Ur03 Popovic, from the village of Tomina, municipality Sanski
Most, killed on 16 September 1995 when members of the Muslim
army seized Tomina and killed civilians they found in this village.
37. Mico Prtija, from Zdena (Zdenak or Zdeljak) near Sanski Most,
born 1933, father Ljubo, mother Zora RoSic, killed in his yard on 10
October 1995 by a Muslim shell (witnesses 427196and 195197-23).
38. Smilja Prtija, from Zdenak (or Zdeljak) near Sanski Most, born
1934 in Palanka, killed in her yard on 10 October 1995 by a Muslim
shell (witnesses 427196and 195197-23).
39. Mara Radic, as a handicapped person Iived in the home for the
disadvantaged in the village of Krkojevci, municipality Sanski Most.
When Muslim soldiers seized the village, they took Mara from the
home and killed her 20 m away from the building (witnesses195197-
46, 195/97-28),
40. Rade Rogic, from Sanski Most, Prvog srpskog bataljona Street
No. 56, aged 39, married, father of two, captured on 16 September
1995 in the Krupa theatre of operations as a member of the Army of
Republic of Srpska by members of the 505th Buiim brigade, 5th
corps of the Army of Bosnia and Herzegovina. The Committee has
on the file a video recording made by Muslims, which shows how
Rogic was brutally killed (witness 149197-2and cassette No. 167).
72641. Vaso Stupar, from Bosanski Milanovac near Sanski Most, born
1946, father Jovo, killed in 1992 by the Muslims near the cemetery
(witness 61197-13).
42. Zeljko Tepic, from the village of Podovi, municipality Sanski Most,
about 70 years old, father Mirko, killed on 16 September 1995 in his
village by the members of the 5th corps of the Muslim army (witness
83197-1).
43. Cvijeta N., about 75-80 years old, she was taken to a camp next
to the movie theatre in Sanski Most after the town was captured on
10 October 1995, where she was maltreated and died after a few
days (witness 195197-28).
44. DuSan cukovic, from the village of Kozice near Sanski Most,
captured on 20 September 1995 as a member of the Army of
Republika Srpska in the village of Dabar near Sanski Most, by
members of the reconnaissance-sabotage company "Apache", 517th
Cazin brigade. He was taken to the Mreinica hill, where he was shot
with the others by Hodiic, a khoja, member of the sabotage company
(witness 547196-30).
45. Goran ~ucur, from the village of Kozice near Sanski Most,
captured on 20 September 1995 as a member of the Army of
Republika Srpska in the village of Dabar near Sanski Most, by
members of the reconnaissance-sabotage company "Apache", 517th
Cazin brigade. He was taken to the Mreinica hill, where he was shot
with the others by Hodiic, a khoja, member of the sabotage company
(witness 547196-30).
46. An unidentified young woman from the village of Tomina,
municipality Sanski Most, killed on 16 September 1995 when
members of the Muslim army stormed her village.
47-48. Two older women, from the village of Tomina, municipality
Sanski Most, killed on 16 September 1995 when members of the
Muslim army stormed their village.
Members of the military and police authorities of Bosnia and
Herzegovina in Sanski Most bear the responsibility forhese crimes.
727Evidence: 818195-18, 818195-19, 818195-20, 427196, 547196-30,
701196-21 , 726196-2, 727196-19, 61197-6, 61197-14, 83197-1, 83197-3,
149197-1, 195197-1 5, 195197-16, 195197-20, 195197-26, 195197-28,
195197-46, 252197-1, 252197-2 and video cassette No. 167.
(Annex No. C 50, svedoCenje R.K./testemony R.K., pp. c511-
~5141~515-c519), (Annex No. C 104 svedotenje D.S.1Itestemony
D.S.1, pp. cl 060-10641~1065-cl069)
7.1.63.0. Teslic
7.1.63.1. On 22 September 1992 six men from Teslic were in charge
of taking food in an animal-drawn wagon to the members of the Army
of Republika Srpska at a place by the Circular Cemetery, some 20
km from Teslic.
Members of the mujahedeen unit attacked them on the way and
captured:
1. Branislav Duric, born 1952,
2. Blagoje Blagojevic, and
3. Nenad Petkovic, al1from Teslic,
while their three companions, who lagged behind, managed to run
away and immediately informed the members of the Army of
Republika Srpska who promptly attacked the mujahedeen camp. On
that occasion they found the bodies of killed Duric, Blagojevic and
Petkovic, whose heads were chopped off, and their bodies were
buried the next day in Teslic without heads.
Al1attempts of the families to find their heads failed so far.
On the same occasion, a camera was found in the mujahedeen camp
and when the film was developed in the Secretariat of lnterior in
Teslic, after the first few shots showing motifs from an Arabic country,
there were photos of cut off heads of Duric, Blagojevic and Petkovic.According to the statement of the closest kin, the head a mujahedeen
is holding in one picture is the head of Branislav Eluric, white the
heads in a suitcase shown on the other picture are Duric's (with
someone's foot on it), Petkovic's (upright) andlagojevic's (laying).
Evidence: 594196-5, 594196-6, 594196-7,594196-8, 594196-9, 594196-
10, 594196-11, 594196-12, 594196-13 and 594196-15. (Annex No C
160, Photo 42 and 43)
7.1.63.2. The Muslim and the Croat military units attacked the village
of Vrela li and on that occasion killed Savo Cocic, Drago Bugarinovic,
Vinka Jorgic, Zora Bugarinovic and Stojanka Cocic and seriously
wounded 17 other villagers.
Evidence: 594196-22, (Annex No. C 117 svedotenje V.C.1testemony
V.C., pp. CI190-11931~1194-~1197)
7.1.64.0. Territory of FRY
7.1.64.1. On 11 February 1993, Muslim snipers fired across the Drina
from the territory of Bosnia and Herzegovina at a bus, registration
number UZ-206-20, in Mali Zvornik in FR Yugoslavia and seriously
injured the Serb woman:
1. Vesna ~ivanovic, a refugee from Bratunac.
Evidence: 33193.
7.1.64.2. On 12 March 1993, Muslim forces fired three 82 mm shells
from the territory of Bosnia and Herzegovina at Loznica in FR
Yugoslavia, killing the Serb woman:
1. Vera VukaSinovic, aged 79
SlaviSa Trajkovic, aged 22, was seriously injured.
These acts were committed by members of the Muslim army in an
effort to spread the war to FR Yugoslavia.Evidence: 33/93.
7.1.64.3. At about 1.10 PM on 10 May 1995, Muslim forces fired one
shell from the territory of Bosnia and Herzegovina at Mali Zvornik in
FR Yugoslavia. The shell landed near the driving school in Mali
Zvornik and killed:
1. DragiSa Radic (father Sreten), born 1953.
Dimitrije Vinic (father Mitar), born 1922, was seriously wounded.
Evidence: 737195.7.2. DELIBERATE INFLICTING ON SERBS CONDITIONS OF LlFE
CALCULATED TO BRlNG ABOUT THElR PHYSICAL DESTRUCTION
AND CAUSING SERIOUS BODILY OR MENTAL HARM
Part 7.1. of this chapter describes some examples of
the most serious form of the genocidal crimes committed against the
Serb people - the killing of civilians in their homes or the places
where they lived. Apart from their widespread nature, these crimes
were also striking for their brutality. In a large numbeO cases the
victims were bestially tortured, butchered, mutilated or burned.
But this was not the only way in which genocide was
committed against the Serb people. Serbs were also taken to camps
in which they were subjected to extremely inhuman physical and
mental torture, and even killed.hese acts were executed exclusively
on the ground of the ethnic and religious affiliation of the victims. The
perpetrators of these crimes were members of the Muslim and Croat
armed forces. They were most often the camp guards, but soldiers
and other people also came to the camps to torture the inmates.
They raped women, and beat and killed prisoners.
The presidency, the Government and other official
bodies of Bosnia and Herzegovina knew of the existence of these
camps. They knew that the inmates were exclusively Serb civilians,
and they knew how they were being treated. As there is no doubt,
that such treatment of an ethnic group presentsthe crime of genocide
according to the Article II, paras. b) and c) of the Convention on the
Prevention and Punishment of the Crime of Genocide, Bosnia and
Herzegovina is held responsible for the actsof genocide.
On the territory of Bosnia and Hezegovina controlled
by the Muslim and Croat armed forces, there were many camps and
other camps for Serb civilians. The exact number cannot be
established, butit is estimated that about 400 such facilities were set
P.7.2.0.1. List of camps where Serbs were held in Bosnia and
Herzegovina
Banovici, camp in the basement in the railway stationbuilding
Banovici, factory "Helios", former main offices,Radina settlement
Banovici, Territorial Defense headquarters, opposite thePost
Office building
Banovici, TreStenicavillage, elementary school
Banovici, Banovici village,Ivan Goran KovaCi?'elementary
school and adjoining barracks
Banovici, Djurdjevik
Bihac, Central prison (District camp), Luke
Bihac, Air Club premises
Bihac, former barracks "27. juli", presently "Adil ~e~lic-zegarM
Bihac, "Jedinstvo" football club stadium
Bihac, "Park hotel -cement floor rooms
Bihac, Pokaj settlement
Bihac, Mustafa Vukovic's restaurant
Bihac, Brekovica
Bihac, Children's nursery in the suburbof Ozimice 1
Bihac, ~ekrlije village, basement
Bihac, school in VrkaSicvillage
Bosanska Krupa, Buiim, dressing room in the sporthall of the
elementary school
Bosanska Krupa, Buiim, basement of the hotel "Buiim"
Bratunac, village of Gornje PotoCare,private camp of BeSlic
Hajra
Breza, military camp
Breza, police station
Breza, camp in the basement of the "Elektroterm" factory (old
elementary school)
Breza, warehouse of the "Udarnik" enterpise, opposite the
premises of the Ministry of thelnterior
Breza, bathrooms of the town swimming pool
Breza, camp in the "Breza" mine warehouse
Breza, building "29"
Brod (Bosanski Brod), "Fric Pavlik" secondaryschool center
Brod (Bosanski Brod), Tulek, the "Beograd" Department Store
warehouse
Brod (Bosanski Brod), "GIK construction material warehouse
Brod (Bosanski Brod), Krndijacamp (opposite the fire station)
Brod (Bosanski Brod), camp near the Sava River (kayak club)
Brod (Bosanski Brod), "Bosna" stockings factory halls
Brod (Bosanski Brod), camp in the Military Police building
(former "Jugobanka" building)
Brod (Bosanski Brod), city stadiumof the football club "Polet"BrCko.BoderiSte,"Interplet" factory
BrCko,Bosanska Bijela, local community premises
BrCko,Bosanska Bijela, plurn drying plant
BrSko, Bosanska Bijela, private houses
BrCko, Boce, elementary school
BrCko, Boce, local community premises
BrCko,Gornji Zovik, construction material warehouse
BrCko,Gornji Rahic, local community premises
BrEko, Gornji Rahic, construction material warehouse
BrEko, Gornji Rahic, drying room in Okrajci
BrEko, Gornji Rahic, elemeritary school
BrEko, garage located in the nursery between the villages of
Rahic and MaoCe
BrEko, Donji Rahic, private houses
BrCko, MaoCa,poultry farm
BrEko, MaoCa,"Bolji iivot" cafe
Brëko, Palanka, local community reading room
BrCko, RaSljani,warehouse
BrCko,Ulice, elementary school
BrCko, Ulice, local community premises
Bugojno, bank building housing military police of the B&H Army
Bugojno, hotel "Kalin", basement
Bugojno, private house on the outskirts of the town
Bugojno, cultural-sports ceriter
Bugojno, "Stigo Djerek" elementary school
Bugojno, secondary school
Bugojno, stadium of FC "lskra"
Bugojno, "Rostovo" ski center
Bugojno, "Slavko Rodic" factory
Bugojno, garages of Tito's former villa "Gorica"
Bugojno, house of murdered Serb Relja Lukic
Bugojno, coal mine in the village of GraEanica
BusovaCa,Kaonik
Busovaëa, warehouse and basement of "Tisovac" hotel complex
VareS, camp in the basement of the school, "Majdan" settlement
opposite the ironworks
Velika Kladusa, camp
Visoko, "Ahmet FetahagiC"barraks (Majevica)
Visoko, basement of the investigation camp
Visoko, local community premises
Visoko, "FojniCkiodred" school
Visoko, "Ognjen Prica" school
Visoko, "Ahmet Fetahagic" elementary school, camp of military
police
Visoko, Srhinje village, house of Enver Basic
Visoko, HlapCevicivillage, local community building
Visoko, Glina village, stable of SakibSudiuk, aka "Postar"Visoko, Buzic Mahala, cooperative building
Vitez, police station
Vitez,chemical plant
Vitez,"KruSCica"settlement
ViSegrad, underwater premises of the "ViSegrad"hydroelectric
power plant
ViSegrad,"~ito" grain silo
ViSegrad,Crni Vrh
Vlasenica
Gabela near ~apljina, HVO camp in former JNA hangars below
Struga
Goraide, camp in the police station in the center
Goraide, KopaCi,grain silo
Goraide, military camp in the basement of the "Sarajevo"
lnsurance Company building
Goraide, old "Balkan" hotel
Goraide, "Mujkovica Polje" camp
Goraide, Mahala
Goraide, Electrical Company building
Goraide, Vitkovici, camp in the cement plant
Goraide, Vitkovici, camp in the nitrogen plant
Goraide, Vitkovici, camp in the printing office
Goraide, Vitkovici, basement of the old hotel for single persons
Goraide, camp in the MoSe Pijade Street, opposite the building
of the Ministry of the lnterior
Goraide, camp in the Nedimovic'shouse
Goraide, right bank of the Drina river
Goraide, TrebjeSkobrdo
Goraide, Mravinjac village
Goraide, SaSicivillage
Goraide, camp in the village of Osanica
GradaSac,camp in the City tower basement (fortress)
GradaCac,camp in the high-schoolcenter
GradaCac,basement of secondary school
GradaCac,Srnica village
GradaCac,Gornja TramoSnjica,camp in the school
GradaCac,basement of "Veljko VlahoviC"elementary school,
camp of military police
Grahovo
GraCanica,Culture Club
GraCanica,camp in the elementary school "Hasan Kiki?
Grude, school
Grude, garage
Derventa, former JNA Club
Derventa, camp in the Polje silo
Derventa, Poljari, elementary school"Vuk Karadiic"
Derventa, Rabic, underground premises of the Army storehouseDerventa, Plehan
Domanovici, near ~apljina, camp in a private house
Drvar, Kamenica village
Dretelj, near ~apljina
Duvno (Tomislavgrad),camp of the Ministry of the lnterior in the
basement
Duvno (Tomislavgrad), heating substation
Duvno (Tomislavgrad),secondary schoolcenter
Duvno (Tomislavgrad),high school "15 Novembar"
Duvno (Tomislavgrad),elementary school "BoriSaKovatevic"
Duvno (Tomislavgrad),nunnery
Duvno (Tomislavgrad), military camp
Duvno (Tomislavgrad), villageof Eminovo, camp in the house of
Milisav Radovan
Duvno (Tomislavgrad),private camp in ~uica
Duvno (Tomislavgrad),Galetic near ~uica
Duvno (Tomislavgrad), villageof RaScani
Duvno (Tomislavgrad), GornjiBriSnik
Duvno (Tomislavgrad),village of Stipanjici, basement in a
deserted house
Duvno (Tomislavgrad),village of Stipanjici, elementary school
~ep~a,cement warehouse
~epta, elementary school "Rade KondiC",gym hall
zepka, secondary schoolcenter
~ivinice, former dispensary
~ivinice, Office of the Departmentof the lnterior
~ivinice, old Post Office building
~ivinice, Employment Bureau building
~ivinice, dressing rooms of the "Mladost" stadium
~ivinice, reading room "~arenjak", near stadium
~ivinice, former JNA storehouse in the hamlet of Maline, military
camp "rivina~ke ose"
~ivinice, forestry building"Svatovac", Military Police Command
~ivnice, Cigulje
Zavidovici, basement of the social/politicalorganizations building
(old Municipal building)
Zavidovici, basement of the day-care center
Zavidovici, managerial buildingof the forestry enterprise,
basement
Zavidovici, camp in the village of Hajdarevici
Zenica, penal-correctionalcenter
Zenica, camp
Zenica, basement of the Metallurgical lnstitute Building
Zenica, hotel "Intercontinental"
Zenica, former JNA Club
Zenica, "Mihajlo Pupin" School
Zenica, elementary school "Sead Skrgo"Zenica, camp in Music School
Zenica, Begov Han, the entrance of the tunnel
Zenica, Perin Han, elementary school "Bratstvoi jedinstvo"
Zenica, Arnauti
Zenica, stadion "Bijelo Polje"
Zenica, school in the village Janjici
Zenica, school in the village DrivuSa
Zenica, elementary school of the village KlopCe
Igman, atomic shelter in the hotel "Igman"
Igman, basement of the "Famos" hotel
Igman, hotel "MraziSte"
Jablanica, Museum of the Battle on the Neretva River (Museum
of the Revolution)
Jajce, the old fortress
Jajce, camp in the basement of the SJS
Jajce, camp of the territorial defense in "Elektro Vrbas"
managerial building
Jajce, elementary school "Bratstvo-jedinstvo"
Jajce, camp in the HVO barracks near the Catholic church
Kakanj, camp in the mine premises
Kakanj, motel "Sretno"
Kalesija, Miljanovci village
Kalesija, Medjan village
Kalesija, school in Memici village
Kladanj, former lnsurance Company offices
Kladanj, camp in the cinema
Kladanj, Culture Club
Kladanj, Stupari village -camp in the elementary school
KljuC
Konjic, camp in the police station
Konjic, camp in former JNA storehouses in celebici village
Konjic, ~elebici, elementary school "Maksim Kujundiic"
Konjic, elementary school "3. mart " in the 3. mart Street
Konjic, "Musala" sports center in the Brace BektaSevicStreet
Konjic, new apartment buildings
Konjic, "Amadeus" Cafe
Konjic, Donje Selo
Konjic, Buturovic Polje
Konjic, village Diepi
Konjic, village Parsovici
Konjic, village Ceric
Kotor VaroS, VeCiCiVillage
Kotor VaroS, warehouse in the Ravne village
Kreka, Faruk Prcic's private camp in the "MoSa Pijade" center
Krupa na Uni, village PuCenik,pig farm
Krupa na Uni, village Perna, farm
Krupa na Uni, village PodvranKupres, "Kvalitet" garment factory
Kupres, basement in the Milenko Vila's house, Narodnih heroja
Street,where the Military Headwuarters was located
LiStica
Livno, Departmentof the lnterior buildingand the garage
Livno, "Ivan Goran KovaCiC"elementary school
Livno, "10.oktobar" elementary school
Livno, Starigrad fortress
Livno, school gyrnnasium
Livno, basement of the "Dinara" hotel (serving as a brothel)
Livno, motel
Livno, Secondary SchoolCenter
Livno, Ivetic's family house in the Zastinje village
Livno, ~elebici village
Lukavac, basement of the Secondary School Center, camp of
the Patriotic League
Lukavac, School of Economy, military policecamp
Lukavac, old Medical center
Lukavac, slaughterhousein the village Modrac, enterprise
"Progres", Rifat Morankic's camp
Lukavac, "Trans servis" garage
Lukavac, HOS camp in the holiday resortof the Cookery on
Svatovac
LjubuSki,HVO military-investigation camp
LjubuSki,HOS facility in old camp
LjubuSki,camp in the tobacco purchase station
LjubuSki,camp in the Lipno village school
LjubuSki,camp in the Kravice village school
Maglaj, "Natron" FC dressing room
Matijevici near Kladanj
Medjedja, cooperative, central campof the Territorial Defence
Headquarters "ViSegrad"
Medjedja, basernentin a private house
ModriEa,fire department of the Refinery
ModriSa,silo
Mostar, HOS camp in the JNA hospital
Mostar, ~elovina, 27 ant ti ctreet, former district camp,HVO
camp
Mostar, Faculty buildings (Machine Engineering,School of
Economy and Law), camp of HVO military police
Mostar, "4. juli" local community
Mostar, basements in the "Bristol" hotel
Mostar, Mladena Balorde Street
Mostar, camp in "Severni logor" barracks
Mostar, RodoCheliport in the military academy,central camp of
Herceg-Bosna
Mostar, Vraptici, "Eljuro Salaj" spinnery prernises,Muslim campMostar, Svinjarina,"Zlatka VukoviCi"enterprise
Mostar, Svinjarina,private house
Mostar, Muslim camp in KoCinevillage
Mostar, Cim, private camp
Mostar, camp in the Potoci village school, 10 km away from
Mostar
Mostar, Vojno village
Mostar, Buna village school camp
Mostar, Buna village, Ivan and Srecko Gagrobrothers camp
Mrkonjic Grad, police station
Novi Travnik, former JNA facility in Stojkovic village
Novi Travnik, "Bratstvo"factory, annealingroom
Olovo, secondary school gymnasium
OraSje,secondary schoolcenter
OraSje,Donja Mahala, camp in elementary school
OraSje,Donja Mahala, shed of Mirza Filipovic,aka. Deljkovic
OraSje,Posavska Mahala
Odiak, elementary school gymnasium
Odiak, "Strolit" enterprise
Odiak, Novi Grad village
Pazaric, elementary school gymnasium
Pazaric, formerJNA barracks "Krupa" in Zovik, 3 km away from
Pazaric
Pazaric, Culture Club
Pazaric, campin the warehouse of Krupska Rijeka
Pazaric, Urduk village
Petrovac (Bosanski Petrovac),police station
Petrovac (Bosanski Petrovac), plasticsfactory
Podbreije, "Vatrostalna"building
PosuSje,Departmentof the lnterior
PosuSje,a garage
PosuSje,Skretnica village, Karlo Martinovic'scamp
Prozor, camp
Prozor, garages
Ravne in Popovo Polje
Sanski Most, police station
Sanski Most, cinema
Sanski Most, Nezirevic house
Sanski Most, "Metalorad"building
Sanski Most, Sanicavillage
Sarajevo, AlipaSinopolje, unit 2, "Borsalino" cafe
Sarajevo, AlipaSinopolje, a basement at 27 ZAVNOBIH Square
Sarajevo, AlipaSinopolje, a basement at 21 ZAVNOBIH Square
(below the store "Mali konzum")
Sarajevo, AlipaSinopolje, "Novi Grad" restaurant at ZAVNOBIH
Square
Sarajevo, AlipaSinopolje, heating station 6Sarajevo, local community offices "Mladost"in AlipaSinopolje
Sarajevo, atomic shelterin Dobrinja 3
Sarajevo, "Radnik" cinema in Djure Djakovic Street
Sarajevo, basement below "Borovo" shoe store in Danka
Mitrova Street
Sarajevo, camp in the former JNA "Viktor Bubanj" barracks,
now "Ramiz SalCin"barracks
Sarajevo, a garage near the"Privredna banka Sarajevo"
Sarajevo, basement vault of the "Privredna banka Sarajevo"
(Dobrinja 5) in Bratstvo i jedinstvo street
Sarajevo, day-carecenter in Palmira Toljatija Street
Sarajevo, day-care center"lskrica" in MoSe Pijade Street
Sarajevo, day-care center "lskrica" in Mladena Stojanovica
Street
Sarajevo, day-care center "lskrica" ("Dragica Pravica") in
Skerliceva Street
Sarajevo, day-care center in the "Otoka" settlement
Sarajevo, Dobrinja 2, basement of the trade Company
"MaSinopromet"at Oktobarske revolucije street
Sarajevo, Railway Station
Sarajevo, RailwayllndustrialSchool, Buca Potok
Sarajevo, basement of the "Zagreb" hotel at Marin Dvor (served
as a brothel)
Sarajevo, "Zetra" complex
Sarajevo, "Evropa" hotel (served as a brothel), air-condition
room in the basement
Sarajevo, camp in Stup - hangars, tyre warehouses
Sarajevo, building of the bank and Accounting Office - cengic
Vila
Sarajevo, Clinic, managerial building
Sarajevo, AlipaSinopolje, restaurant "Stela"
Sarajevo, Dobrinja, restaurant "Baltazar"
Sarajeavo, deserted Serb apartmentat 128 Muhamed Diudia
Street
Sarajevo, deserted Serb apartmentat 30 Muhmaed Diudia
Street at Ko3evskoBrdo
Sarajevo, Meteorological lnstitute onBjelave
Sarajevo, Ciglana settlement, Djure Djakovica Street
Sarajevo, premisesof "Na3 dom" enterprize in Sutjeska Street
Sarajevo, premises of wire factory in Diemala Bjedica Street
Sarajevo, high-rise 2 at Pero Kosaric Square
Sarajevo, campin "Slobodan VukoviC"school in Blagoja
Parovica Street in Novo Sarajevo
Sarajevo, School for Mentally handicapped children "Vladimir
Nazor" at 54 lvana Krndelja Street
Sarajevo, elementary school"Pavle Goranin" in village ~vrakino
(settlement Pavle Goranin)in PrvomajskaStreetSarajevo, elementaryschool "Andrija RaSo",AlipaSino Polje
Sarajevo, elementary school "Ivan Goran KovaCic"in Hrasno
settlement
Sarajevo, elementary school"Prvi maj", AlipaSinopolje
Sarajevo, elementary school in Bistrik settlement,camp of the
110th brigade
Sarajevo, elementary schoolat Marin Dvor
Sarajevo, Otoka settlement, basement of the high-rise at
SocijalistiCkerevolucije street
Sarajevo, police stationat KoSevoHill
Sarajevo, police station, centre at Bjelave
Grad
Sarajevo, police station Novi
Sarajevo, police station Novo Sarajevo
Sarajevo, police station at Sokolovica colony
Sarajevo, police station~vrakino selo (settlement Pavle Goranin)
Sarajevo, correctional centre in Pofalici
Sarajevo, Pofalici,basement of the "Vranica" construction
enterprize, housing singles' apartments
Sarajevo, premises of "Mojmilo" local community
Sarajevo, warehouseof "25. maj" in ~vrakino village (settlement
Pavle Goranin)
Sarajevo, "KoSevo"Stadion
Sarajevo, camp in former gasworks at ~engica Vila
Sarajevo, camp "Sunce" in Dobrinja 2 at 1 Marka OreSkovica
Street, camp of the Terrtorial Defence of Dobrinja
Sarajevo, Dobrinja atomic shelter, under the command of the
5th mechanized brigade (close to "Sunce" store)
Sarajevo, warehouseof leather refuse near the"Tik-tat" cafe
Sarajevo, students' hostel "Mladen StojanoviS"at 4C Radiceva
Street at the corner of JNA street (served as a brothel)
Sarajevo, students' hostel "Mahmut BuSatlija"at Bjelave (served
as a brothel)
Sarajevo, Civil Engineering Faculty, basement (served as a
brothel)
Sarajevo, Dental College, basement and ground floor
Sarajevo, Technical School in Vojvode Putnika Street (School
for Civil Engineering)
Sarajevo, tunnel of the "KoSevo"hospital
Sarajevo, VeleSicitunnel-Ciglane
Sarajevo, FIS (DTV "Partizan"), Mis lrbinaStreet, basement
Sarajevo, Centre for Foregin Languages at Vase Miskina Street,
camp of the 109th brigade
Sarajevo, Central Prison at 8-9 JNA Street
Sarajevo, "SIPAD" warehouse in Diamala Bijedih Street
Sarajevo, warehouse of "Poljooprema" on AlipaSa Bridge
Sarajevo, basement of "Poljoopskrba" towards BaSSarSija,in
Dobrinja 2Sarajevo, campof the 10lst brigade
Sarajevo, headquartersof 102nd brigade in Hrasno, Pere
Kosorica Street
Srebrenik, premises of the police station
Srebrenik, elementary school "Mehmed Ibrahimovi5"
Srebrenik, dressing room of a football team
Srebrenik, downtown secondary school
Srebrenik, garment factory "Interplet"
Srebrenik, YouthCentre in suburban settlement Rapatica
Srebrenica, camp between muncipal and court buildings
Srebrenica, camp of the Department of the lnterior
Srebrenica, camp in the Guber health spa
Srebrenica, Potoëari village, Naser Oric's camp
Srebrenica, Suceska village, Zuluf Tursunovic's camp
Stolac, tobacco station
Stolac,,facilites of "lnkos" factory
Tarëin near Pazarici, silo
TeoCaknear Ugljevik, elementary school
Teoëak, local community building
TeSanj, police station garage
TeSanj, military camp at the FC "ToSk" stadion, dressing rooms
Travnik, camp
Travnik, camp near the "Tri bora" restaurant
Travnik, Pensioners' Centre
Travnik, "Petar Mecava" barracks
Travnik, former JNA Club (old medrasa)
Travnik, Hunting Club at Pavlovica
Travnik, basement of the old Railway Transport building
Travnik, camp in Dolac, near matchmaking factory in Sljemeni
within the confines of former JNA warehouse
Travnik, laundry room at 14 Slavka Radica street
Travnik, Kraljevice village
Trnovo, building of the Depariment of the lnterior
Trnovo, camp in the day-care centre
Trnovo, warehouse of the territorial defence
Trnovo, "Treskavica" hotel
Trnovo, Godirijske Bare village, a shed
Trnovo, Dejeici village, elementary school
Tuzla, District camp - military/investigationcamp at 1 Djure
Djakovica Street, ground and first floor
Tuzla, camp in the District camp,civilian section on the second
floor
Tuzla, camp in the "Husinjska buna" barracks in the Skojevska
settlement
Tuzla, camp in "Stari rudnik" mine, near the "Sloboda" stadion
in Tusanj
Tuzla, former army shootingrange near "Sloboda" stadiumTuzla, "TuSanj" stadion
Tuzla, camp in TuSanj in salt producing plant
Tuzla, "Lipnica" barracks, 4 km away from Tuzla
Tuzla, barracks in Slavinovici
Tuzla, Mechanical-TechnicalSchool
Tuzla, Mining School centre at lrac
Tuzla, camp in Medical School
Tuzla, "Braca Ribar" school
Tuzla, Students' Hostel
Tuzla, Workers' School "Mitar Trifunovic-UEa"
Tuzla, Mining-Geologicallnstitute at lrac
Tuzla, former JNA Club
Tuzla, Faruk Prcic's private camp
Tuzla, Serija Zaimovic's private camp
Tuzla, hangar at "Dubrava" Airport
Tuzla, Cerik
Tuzla, Kozlovac, shelterin a motel
Tuzla, Kozlovac, former camp husbandry
Tuzla, TojSici, 14 km away from Tuzla, villagecentre
Tuzla, Poiarnica
Fojnica, basement of the "Sarajevska banka"
Fojnica, secondary school"Kata GovoriSiC",basement
Hrasnica, Culture Club
Hrasnica, building of the former "Famos" hostel,military camp
Hrasnica, stadion of FC "Famos"
Hrasnica, basement of the "Hrasnica" hotel
Hrasnica, elementary school"Aleksa ~anti~"
Hrasnica, garages in a high-rise basement below the Muslim
police station
Hrasnica, garages in the basement in lgmanskog partizanskog
bataljonaStreet
Hrasnica, basement of the uncompleted residential building
(military camp in Alekse Bojovica Street)
Hrasnica, a basement
Cazin, camp
Cazin, grave1plant
Cazin, dressing room at the football playground
Cazin, elementary school"Vojin Marie in Osredak
Cazin, elementary school in the Liskovac village
Cazin, coralici village, hamletof DjehveruSa
Cerska near Vlasenica, a stable
~apljina, police station
Capljina, "Miro Popara" barracks, in Grabovina, HVO camp
~apljina, basement in the municipal buliding
~apljina, tobacco station
~apljina, HOS camp in the basements of the Old Post OFfice
building ~apljina, a silo near "Neretvatrans"
~apljina, in an old elementary schoolin Kravice
~itluk, garages
~itluk, police station
samac, Domaljevac village, elementaryschool
Celebici is 5.5 km north-west of Konjic, towards Jablanica, on the
Sarajevo-Mostar road. The Muslims turned the former JNA fuel depot in
~elebici into a camp, in which they imprisoned many Serb civilians
from the Konjic municipality. This camp became notorious for brutal
crimes committed against civilian prisoners, including murder, rape,
beating, torture, degradation,starvation, etc.
About 300 people were imprisonedin ~elebici.
7.2.1.1 Eighteen people died or were killed in ~elebici. Most died of
the injuries from brutal beatings. Some were shot.
The following were killed:
1. Slobodan Babic (father Petko), born 1949;
2. Slavko susic (father Pero), born 1949;
3. Miroslav VujCic(father Jovo), born 1962;
4. Petko Gligorevic (fatherPavle), born 1934;
5. Perko Mrkajic (father Djoko),born 1941;
6. scepo Mrkajic (father Risto), born1930;
7. Pero Mrkajic (father Djordje), born 1928;
8. llija Mrkajic (father Mirko),born 1933;
9. Gojko Miljanic (father Savo), born 1935;
10. BoSko Samoukovic (fatherNedjo), born 1933;
11. Milorad Kuljanin (father Radmilo), born 1966;
12. scepo Gotovac (father scepo), born 1921;
13. Cedo Avramovic (father Ratko), born 1945;
14. Zeljko Cecez (father Obren), born 1960;
15. Simo Jovanovic (father Todor), born 1933;16. Nedjo Milo5evic (father DuSan),born 1925;
17. reljko MiloSevic(father Milan), born 1962; and
18. ~eljko Klimenta (father Milenko), born 1955.
On the grounds of several eye-witness accounts, the identity of the
murderers and the circumstances under which the following 13 victims
died, have been established:
1. Miroslav Vujiëic;
2. ~cepo Gotovac;
3. Simo Jovanovic;
4. cedo Avramovic;
5. ~eljko cecez;
6, Milorad Kuljanin;
7. ~eljko ~limenta;
8. BoSko Samoukovic;
9. Pero Mrkajic;
10. Nedjo MiloSevic;
11. Petko Gligorevic;
12. Mijo VujiCic;and
13. Slavko SuSic.
Most of them died in front of other prisoners.
Miroslav Vujiëic, on arriva1 at the camp, was lined up with other
prisoners facing a wall with his arms raised. They were standing there
for about six hours while the guards were beating them systematically.
After that he was forced ta lie on the ground and was then beaten with
metal pipes and other objects. According to the statementof an inmate
who was later exchanged, Vujiëic cried out: "You won't kill me in your
way. l'II die the way I want to." Then he jumped up and started
running. The guards shot him. When he fell, one of the guards
approached him and shot hirn several times in the head.
BoSko Samoukovic was beaten to death in building 6, in front of the
other prisoners, including histwo sons, by a guard called "Zenga" and
other guards.
scepo Gotovac was killed by Delic and "Zenga", who took him away
and later brought him back unconscious. He died soon afterwards."Zenga" had nailed a Serb badge on his forehead. scepols wife saw
this cockade when the body was returned to the family.
Slavko SuSicwas beaten to death by Hazim Delic and his guards.
Zdravko Mucic, a.k.a. "Pavao", who was the camp commander, and
Esad Landio, a.k.a. "Zenga" and Hazim Delic, the deputy camp
commander, were involved in almost al1these killings.
These and other killings and torture obviously confirm the bestialityof
the perpetrators andtheir hatred of Serbs.
7.2.1.2. Persistent beatingwas the most frequent formof torture.
lmmediately upon arriva1to the camp new prisoners were Iined up
against a wall, in the alreadydescribed way, and were brutally beaten.
The prisoners were usually beaten in groups, wherebyHazim Delic, or
the guard called "Zenga", together with otherguards would start beating
the prisoners at random. These beatings often followed certain events
and were particularly brutal when some Muslim had been killed or
during the Muslim religious holidays, etc. On another occasion, when
Delic found out that some inmates made some playing cards and were
playing them, he hit al1 the prisoners with a shovel. He broke the
shovel handle three times while he was beating VukaSin Mrkajic.
Another especially brutal beating was that of 20 prisoners before they
were transferred from celebici to Konjic. Delic again organised and led
this beating.
The prisoners were also led away individually and beaten. Some were
taken away more often than others, but few were spared. Guards
forced prisoners to stand against a wall with their hands raised, or to
kneel on al1 four, while a number of guards would beat them.
Detainees were returned to the cell only when they would faint. They
were beaten with iron pipes, baseball bats and various other objects,
and kicked by guards with army boots on. Here again, Delié and
"Zenga" led the beatings.Detainees were also paired up and forced to hit each other. The
guards would beat any prisoners who they thought was not hitting hard
enough.
On many occasions Delic drove his Zastava 750 car into building 6
and chased prisoners with it. Then he would single out the prisoners
who had to go outside to be beaten up.
7.2.1.3. Local civiliansofien came to the camp and asked the guards
to beat certain prisoners. These requests were fulfilled and those
civilians then watched the beatings, laughing and commenting, and
sometimes even took part in the beating.
7.2.1.4. On one occasion, Mucic, Delicand "Zenga" put36 prisoners in
manholes and held them there for more than 12 hours. They
deliberately shut the ventilation holes on the lids so that the prisoners
would start to suffocate soon.Before they were put there the prisoners
were beaten, and they were also beaten afierwards, when they were
pulled out half dead. Some prisoners,for example R.Dj., were held in
the manhole for more than 24 hours.
7.2.1.5. Delic had an instrument which gave electric shocks to the
prisoners when he touched their nakedbodies.
Delic tortured certain prisonersvery frequently. V.M. was forced to drink
a litre of brandy quickly andthen run around camp pretendingto be a
car following their instructions. Whiledoing this the guards and visitors
to the camp, some of them being civilians, were beating him.
7.2.1.6. "Zenga" invented many torture specialities. He would tie a
slow-burning fuse around the waists of some prisoners, between their
legs, around their penises, and one end put in the anus, and would
then light them. The poor men screamed in agony as their skins
sizzled and were burnt. He burnt the tongues and other parts of
prisoners' bodies with a red-hot knife. He pouredpetrol on prisoners'
shins and set them on fire. The names of these victims are known to
the Committee. Besides, he forced two brothers, whose father had
been killed, to have oral sex with each other. He put gas masks on
the faces of some inmates and closed the air filters so that they would
suffocate and collapse.7.2.1. De.tainees were often taken in front of fake firing squads. The
guards would line them up against a wall and then fire blanks or fire
into the air.
7.2.1. 8he prisoners were given only a few tens of seconds to relieve.
They were lined up, told to run to a ditch, relieve themselves and then
stop when ordered. They were beaten if they did not. A Swiss
lnternational Red Cross official witnessed one such relieving when he
visited the camp.
Detainees were forced to drink urineand graze grass likeals, etc.
They also had to stand in the sun for hours at a time, without moving,
and sing songs praising Muslims or insulting Serbs, or had to say
Muslim prayers, etc.
7.2.1.9. The prisoners were given a litre of water a day to share
between 10 them. This was not drinking water but water from a nearby
Stream. Therefore, many prisoners had stomach problems. A700 gr.
loaf of bread was shared among18 prisoners, and this was often their
only meal of the day. Sometimes they were given some tasteless çoup,
but scarcely anything else, and sometimes theyreceived no food at all.
7.2. 1IOT.he prisoners were unable to keep themselves clean, because
they hadn't even water to wash their faces. They were allowed to
shave for the first time beforethe camp was inspected by International
Red Cross officiais. All the prisoners in b9iwere then given only
one razor blade to share, andno cream nor water.
7.2.11.1 The treatment of th15 women prisoners was appalling, and
some of them were held in the camp for many months. They were
held apart from the male prisoners and only the guards could reach
them. Delic paid special attention to them and raped some of them,
while one woman was kept only for him and other guards were
forbidden to touch her. Heraped and also instigated other guards and
local people to rape themale prisoners. The womenwere taken to a
large warehouse and raped there, usually one by one. Delic himself
raped women in some of the offices. The women were not beaten, but
were subject to persistent mental torture.Almost al1 the women who were confined in this camp were briefed
and have given accounts of what had happened to them. Of the many
rapists, onlyDelic's has been positively identified. It was impossible to
recognise the other perpetrators because the women were raped in the
dark.
Several witnesses described in detail how they were raped. It has also
been established that some other women were sexually abused,
although they deny this in their statements.
7.2.1.12. The perpetrators of crimes committed in the camp in ~elebici
were:
1. Zdravko Mucic, a.k.a. "Pavao";
2. Smajo Prevljak;
3. Miro Stenek;
4. Hazim Delic;
5. Zijo Landio, "Zenga", who killed prisoners, burned them with a
heated knife, tied fuses to parts of their bodies and lit them, and
forced prisoners to have oral sex with each other;
6. Enid spago, a.k.a. "Kravar";
7. Esad Macic, a.k.a. "Eso Makaron",who killed Milorad Kuljanin;
8. camdiic, first name unknown;
9. Macic, a.k.a. "Maca", first name unknown;
10. "Crni", realname unknown;
11.Ferid, a.k.a. "Foëak, surname unknown;
12. serif Ramic, a.k.a. "~eki";
13. ~osic from Idbar, first name unknown;
14. Bukvic from Idbar, first name unknown;
15. SubaSicfrom Idbar, first name unknown;
16. Padalovic, a.k.a. "Lala", first name unknown, who killed ~eljko
Klimenta;
17. Osmo Dedic;
18. Nediad from Konjic, surname unknown (not a camp guard);
19. Vekic, firstame unknown;
20. "Gagula", real name unknown;
21. Baralija, first name unknown;
22. Davor, a.k.a. "s~s",surname probably Delic;
23. Muharem MaSic;
24. Safet Muhic;
25. Mustafic, first name unknown;
74826. Smajo, a.k.a. "Kurencan", surname probably Kajzanovic;
27. Diajic, first name unknown;
28. lvica Buric;
29. MaSic,first name unknown;
30. "~ok", real name unknown:
31. Rale MuSinovic;
32. Nurko, surname unknown;
33. Mustafa Halilhodiic; and
34. Mladen Zovko, a.k.a. "Kuvar".
7.2.1.13. This inhuman treatment seriously undermined the physical
and mental health of al1 the prisoners. Most prisoners lost 20 to 35
kilograms in the camp. Many have deformities as a result of bone
fractures that were not treated but were allowed to heal dislocated.
Many suffered interna1 injuries, especially of the kidneys, and some
suffered spinal injuries. The entire organism in al1 the prisoners has
been crushed and bears physically scars after the torture in this camp.
All have severe mental disorder and require permanent psychiatric
treatment and sedatives.
7.2.1.14. Several dozens of Serbs who were imprisoned in this camp
have given testimonies to investigators. Other evidence has also been
gathered, which confirm most of the crimes committed, as well as the
identity of the perpetrators.
Evidence: Committee documents: 221194-1, 221194-2, 221194-3
(svedoëenje ~.C./testimony G.C., Annex No. C 126, pp. c1267-
12771~1 278-CI299), 221194-4, 221194-5,221-4194-6,221194-7,221194-8,
221194-9, 221194-10, 221-4194-11, 221194-12 (svedoëenje
V.M.1Itestimony V.M. 1, Annex No. C 76, pp. c769-~7751~776-c785),
100194, 236194, 260194, 295194-(svedotenje U.l.1testimony U.I.,
Annex No. C 123 pp. cl 250-12521~1253-cl256), 380194-1, 380194-2,
412194-1511, 412194-16, 412-9411 7, 412194-1 8, 412/94-20, 412194-21,
412/94-22, 412/94-23, 412/94-25, 412194-26, 412/94-27, 412/94-28,
412194-29, 412194-30, 440194-1, 283194-5, 148195, 488194-1 to 7
(svedotenje N.Dj.1testimony N.Dj., Annex No. C 28, pp. c271-
~2861~287-c300),445194-19and 22, 549194-19and 20, 268195, 86195,
147195,Medicinski nalazlhnedical findings- BL 14 (Annex No. C 137,
pp. cl 418-~14191~1420-c1422)and picture (Annex No C 161, p. 88)7.2.1.15. The camp in celebici is also mentioned in the statement of
the US State Department spokesman Richard Boucher in the State
Department report dated 26 January 1993. This report refers to only
one incident (para 14), and says: "A 44- year-old Serb civilian, who
had been imprisoned in ~elebici since 30 May 1992, saw the Muslim
guards and the deputy camp commander, Azem Delic, a member of
the 'Green Berets' (the Bosnian-Muslim paramilitary formations) beat 15
or 16 Serbs to death."
7.2.1.16. The Third US Government Submission, dated 10 November
1992, also mentions the camp in celebici. It quotes an inmate who
said that "the prisoners, mainly younger men, were beaten with the
wooden handles of agricultural tools or withmetal bars. He stated that
he had been present when 15 or 16 Serbs were so brutally beaten
that they died. The witness was able to identify the camp commander,
who was the most brutal of the guards".
7.2.1.17. "September 1992: a 44-year-old Serb civilian who had been
imprisoned in ~elebici since 30 May, witnessed when a Muslim guard
and the deputy camp commander, a member of the "Green Berets",
had beaten to death 15 or 16 Serbs." (Statement by US State
Department spokesman R. Boucher, 26 January 1993).
7.2.2.0. MusaIa in Konjic
There is a sports centre in Musala -a suburb of Konjic, which lies on
the riverNeretva bank. It includes a hall for basketball and other team
sports, consisting of the court, seats and 10 locker roomsnext to it.
There is also a weight-lifting room, table tennis tables, etc. in the
gallery. The main hall has a transparent roof through which daylight
enters. The roof is supported in the middle bya metal girder.
In May 1992, this centre was turned into a camp for Serbs from the
surrounding area. At the end of April 1993, when fighting broke out
between the Muslims and Croats, Croat prisoners were held in the
main hall, while the remaining Serbs were held in the locker rooms
which were their cells.At the beginning, the Serbs were held in the locker rooms at night and
in the main hall during the day, whereeach had to be on a designated
spot which was either next to the walls or somewhere in the middle,
depending on the numberhe was given. Membersof the same family
or village were assigneda certain area on the floor and, within that,
each detainee had his own place.
It is estirnated that about 280 Serbs wereheld there.
They were gradually exchanged, and the last81 prisoners were
exchanged on theBridge of Serb Heroes in Grbavica in Sarajevo,on 6
October 1994, including those prisoners who had been tortured the
most. The only Serb inmates after that date were a small number of
Bosnian Serb soldiers who had been captured subsequently.
Women, most of them coming from the village of Bradina were held
there, also.
The inmates of this camp were maltreated and humiliated every day by
the guards and other people.
Some inmates were beaten, most often when they were taken out of
the cells at night and beaten in the corridor.
Many were released and ordered to stay in either their own or some of
the neighbouring villages, about which they werehanded a written
decision. Some were brought back to be exchanged.
After some time prisoners were taken from the Musala camp for
physical labour, including the digging of trenches on the front lines.
They often did this during the fighting, with the shooting and shells
falling around. Some were wounded.
Food was meagre and gradually became worse,until ICRC aid started
arriving during 1993. Each detainee lost about 20 to 30 kilos, or even
more, as a result of starvation, torture and forced labour. Their physical
and mental health was severely impaired, which resulted in a large
number of former inmates who have required medical treatment since
their release from this camp.Sanitary and living conditions in the facility were below every
acceptable standard.
Women prisoners were also maltreated,and some were raped.
The most tragic event took place on 15 July 1992 when Musala was
shelled and 13 Serb prisoners were killed and another 8 were
wounded.
At about noon that day, the guards told the prisoners to take their
places in the hall. They told some of the prisoners to change their
usual places and withdrew. One of the guards then went up to the
gallery and ordered prisonersat gun-point to stay where theywere. He
then turned on the ventilation and disappeared. AI1 this was very
unusual and had never happened before.
At about 12.15 p.m. a shell exploded above the hall. A few minutes
later another one camethrough the roof, bouncedoff the metal beam,
hit the wall and exploded. The powerful explosion tore down the wall
which fell over the people sitting below, killing 13 and wounding eight.
Some died on the spot and others on the way to the hospital. The
prisoners were then ordered to clear away the rubble. A third shell hit
the gallery but caused no further casualties.
TV crews, journalists and some officiais arrived soon after the
explosion, claiming that Serbs had deliberately shelledthe hall, although
they knew thatSerbs were inside.
The only conclusion which can be drawn from the above is that the
Muslims themselvesshelled this facility. This conclusionis supported by
the fact that no guards were injured,because they had al1taken shelter
before the attack began.
7.2.2.1. The following Serbs were killed in the shellingon 15 July 1992:
1. Marko Ninkovic,
2. Stevan Ninkovic,
3. Radovan Ninkovic,
4. Vlatko ~ecez, died in the Jablanica hospital;
5. Pero Cecez, died in the Jablanica hospital;
6. Miroslav Cecez, died in the Jablanica hospital,
7527. Milan cecez,
8. DuSan cecez,
9. Tihomir Kuljanin,
10. Kuljanin, firstname unknown,
11. Novo ~ivak,
12. Velimir cecez, died on the way to hospital; and
13. Predrag Kuljanin, died on the way to hospital.
7.2.2.2. The following Serbs were wounded in the attack:
1. Savo Cecez;
2. MomEilo~ecez;
3. Nedjo Kuljanin;
4. Miroslav Kuljanin;
5. ~eljko Kuljanin;
6. Miroslav Karlovic;
7. ~eljko Mrkajic; and
8. Lazo Mrkajic.
7.2.2.3. Chief warden of this camp was at first Zdravko Mucic, a.k.a.
"Pavo", and his deputy was Hazim Delic. Some of the guards worked
only in Musala and others worked in celebici as well. Mucic was
succeeded as chief warden by lsmet Habibovic, a.k.a. "Broceta", and
several other chief wardens till October 1994.
The perpetrators of these crimes were:
1. Hazim Delic;
2. Ismet Habibovic;
3. lsmet Halilovic, a.k.a. "Broceta", chief warden;
4. ~efik Pelic;
5. Edo JeleSkovic,a.k.a. "Muf";
6. ~pago, a.k.a. "Kravar", first name unknown;
7. Uka, first name unknown;
8. Plosko, first name unknown;
9. Kurtic, a.k.a. "Kurta", first name unknown;
10. Dino Turkov;
11. Elvedin, surname unknown;
12. Perva, first name unknown;
13. "cita", real name unknown;
14. Macic, a.k.a. "Maca", first name unknown;
75315. Kurtovic, first name unknown;
16. "Rambo", real name unknown;
17. Senad Kazazic;
18. ~efko NikSic;
19. Macic, a.k.a. "Makaron", first name unknown.
20. "Muderiz's soldiers".
7.2.2.4. Seven members of the Mojevic family were taken to Musala
from the village of Slavljevici in Trnovo municipality during 1993:
1. Jovan Mojevic, aged 90;
2. Slavko Mojevic, aged 66;
3. his wife Marija Mojevic;
4. llinka Mojevic (female);
5. DuSankaMojevic (female);
6. Savo Mojevic; and
7. Novo Mojevic, aged 45.
Perpetrators: Edo zilic, chief warden, and lbro Macic, head of shift.
Evidence: 205194-1 9.
7.2.3.0. LjubuSki
7.2.3.1. In late May 1992 Draien Tripic and his father Sreten Tripic
were brutally killed in the camp LjubuSki. After being tortured for a
month they were taken to the Trebiiat river and killed.
Perpetrators: members of Croat armed forces from LjubuSki and
~apljina. This was confirmed by a witness who was in the camp at the
time.
Evidence: 68/94
7.2.3.2. According to witnesses B.D. and V.O., who were imprisoned
in the camp in LjubuSki,the following Serbsdied of wounds acquired in
this camp in mid-1992:1. Pero Vaiic, from Eminovo selo, municipality of Duvno
(Tomislavgrad) born in 1941 in RaSCani, municipality of Duvno,
father'sname Ljubo, beaten in this camp on the 17 or 18 June 1992
in cell no.4, after which he was taken to the hospital in Split where
he died after the injuries. (Witnesses: 340194-8, 234195-26, 41/96,
547196-32, 547196-35, 41196, 547196-37, 547196-47,93/97-10).
2. Djordje Vukovic, after having been severely beaten he was forced
to testify that hekilled Croat children, after which he was even more
severely beaten to death. They spilt petrol over his body and burnt it
in the camp grounds (witness: 234195-6).
3. Petar Zelen, from Kupres, detained as a civilian in early June
1992. He had terrible burns on his backside, because he was forced
to sit on a red-hot plate before being brought to LjubuSki. The
commander SuSac asked him why his pants were sticking to his body
and whether he had relieved himself in them. When Zelen told him
that he had been put on a red-hot plate, SuSac slapped him in the
face. Zelen was held in cell no. 8, where he was permanently
beaten, especially by the imprisoned criminals - Croats, with the
approval of the guards. On the third day after he was brought to the
camp, Petar Zelen died because of the injuries, and his body was put
in a plastic bag and dug near the Orthodox church in LjubuSki
(witness 41196).
4. Stojan Zubic, from Kupres, about 70 years old, was severely
beaten in the camp after which he was taken for treatment to the
hospital in Split. He was exchanged on 14 May 1992, in zitic, but
died the following day.
5. Nedo Milutinovic, from the village of Zijamat, near Bugojno, was
detained with his brother as a civilian. When they arrived to the camp
they only had their shirts on, while the lower half of their bodies was
al1 covered with wounds and blisters. It was evident that they had
been burnt before that. One of them was put in cell no 6 and the
other in ce11no. 8. There was a Muslim named Hamzo Spahic in this
camp, who was given approval by the guards to beat the detained
Serbs every day. Two days after the brothers arrived they were
beaten in ce11no. 6. One of them had his arms tied to a hook on the
wali and then they beat him, while they forced the other prisoners to
watch the beating. They did the same with the other brother. Both of
755them died. Their bodies were lefî in the cell during the day, and
during the night they put them in plastic bags and took them away.
Nedo was buried near the Orthodox church in LjubuSki (witnesses
340194-8,41196).
6. N.Milutinovic, from the village of Zijamat near Bugojno, was
detained with his brother as a civilian. When they arrived to the camp
they only had their shirts on while the lower half of their bodies was
al1 covered with wounds and blisters. It was evident that they were
burnt before that. One of them was put in cell no. 6 and the other in
ce11no. 8. Two days after the brothers had arrived they were beaten
in cell no. 6. One of them had his arms tied to a hook on the wall
and then they beat him, while they forced the other prisoners to
watch the beating. They did the same with the other brother. Both of
them died. Their bodies were left in the ce11during the day, and
during the night they put them in plastic bags and took them away.
(Witness: 340194-8).
7. Andelko ~erbez, afîer having been severely beaten in mid 1992
was forced to confess that he slaughtered Croat children. After this
he was beaten even more severely and died. He died after Djordje
Vukovic. They spilt petrol over his body and burnt it in the camp
grounds. (Witness 234195-6)
8. An unknown person from Kupres was brought to the camp in
LjubuSki in early June 1992 and put in cell no.6. He was beaten to
death the first night.
Perpetrators: Damir Matic, from a village in the municipality of
LjubuSki, about 25 years old and about 175 cm tall, the camp
commander; SiniSa Tomic, a solicitor in LjubuSki, camp commander;
Ivan SuSac - Ivica, from a village near Ljubuski, born in 1962 (or in
1963), an electromechanical worker, before the war employed in the
firm for construction of roads in Mostar, where he also lived, head of
the guards (commander of the camp); Martic, chief of police in
LjubuSki; Dragan Matic, about 25 years old, tall, dark, athlete build,
head of the guards for a month; Pero Antic, a.k.a. "Klobuk;
Ahmet, detainee, married to a Muslim from the Vi5ic family in
Kelesija, tall, fair-haired, took part in the beating to death of the
Milutinovic brothers (witness 340194-8); Mate Begic, brown hair,
athlete build, specific squeaky voice, guard; a person called
756"Boban"; Mijo Vutic; Pero Dugandiic; EreS, from LjubuSki,
commander; Branko EreS, a.k.a. "Karlo", about 190 cm tall, about 25
years old, with very dark, curly hair and suntan complexion, athlete
build, guard; Nedo (Nedo) Macic (Matic), from LjubuSki, about 25-30
years old, fair-haired, guard, he was a member of the Mostar karate
club "Student". The witness 234195-6 testified that he was present
when he gouged out the left eye of a Serb detainee with his knife
and made the man swallow it; KreSo Medic, a.k.a. "MeSa", from
Mostar; Davor Milicevic ; Nedo Milicevic; KreSo Mihaljevic, a.k.a.
"~upo" from a village near ~apljina, about 25 years old, about 170
cm tall, fair curly hair, guardDragan Nosic, head of a shift; Ivan
Nosic; KreSo Paradiic, a.k.a. "~upo", short, dark, about 20 years
old, guard, who beat the Milutinovic brothers the most, after which
they died (witness 340195-8); Stanko Paradiik, from the village
Humac near LjubuSki, head of a shift; Vinko Pehar, a.k.a. "Vintol";
Radoslav Pivac - Primorac, about 25 years old, over 190 cm, with
short dark hair, guard; Ahmet Salkovic, from ~ivinice, married to a
girl in ~apljina where he is living now; Zoran Solin; Mladen Solin;
Stipe, tall and thin; Srecko Tomic, who interrogated the prisoners;
Hamzo Fahic, from ~ivinice; "Ciko", guard; "~ero", dark, medium
height, guard; Ante ~unjic.
Evidence: 221194-16, 340194-3. 340/94-8, 234195-5! 234195-6,
234195-26, 333196-33, 333196-4, 333196-6, 333196-10, 333196-11,
338196, 484195, 674/95 (svedotenje M.S.1testimonyM.S., Annex No.
C 94, pp. ~943-~9561~957-~975),34196, 41196, 103196, 426196-51,
426/96-53, 426196-63, 453196-1 9, 547196-32, 547196-35, 547196-
37 (svedotenje M.M.1testimony M.M., Annex No. C 59, pp. c589-
~5931~594-c599),547196-47, 548196-26, 93/97-10 and Medicinski
nalaz1Medical findings - T 10 (Annex No. C 156, pp. c1530-
cl 5311~1532-1536and photos in Annex No Cl 61, picture Nol, p.33)
7.2.3.3. Witness Z.S. (whose identity is known to the Cornmittee) also
tells of the ordeals he and other Serb prisoners underwent in Ljubuski.
The guards beat them day and night. They used to make a so-called
pyramid by forcing inmates to lie on top of each other, and then beat
the one on top. They also made the inmates sing Ustasha songs, use
Ustasha hail and shout the Ustasha battle cry, "Ready for the
Homeland". They forced them to stamp their feet and neigh like horses
or bleat like sheep.On one occasion, this witness and several other Serbs wereforced to
put on JNA uniforms to be photographed, though they wereal1civilians.
They were also forced to sign statements saying that they wereJNA
soldiers who had slaughteredand killed Croat and Muslim civilians.
Evidence: 333195-20.
7.2.3.4. Serb civilians were imprisoned and tortured in the camp
in LjubuSki. Sixteen of them, whose names are known to the
Committee, were exchanged on 18 August 1992 for captured Croat
soldiers.
Evidence: 221194-8,16 and 18, and 418195.
7.2.3.5. The witness (name known to the Committee), a
captured Serb JNA soldier, was taken to the old camp in LjubuSkilate
1992, and was held there till mid-August. One of the camp
in April
guards repeatedly forced him to perform homosexual acts with the
inmate R.I. The same guard forced other inmates to do the same.
On another occasion, the head of the shifi forced him to have sexual
intercourse with amentally retarded Muslimwoman.
Perpetrators: Dragan Matic and Ivan SuSac, heads of shifis, and the
guard Karlo, surname unknown.
Evidence: 221194-1 6.
7.2.3.6. A.S. washeld in the old camp in LjubuSkifrom the end of April
to mid-August 1992. He stated that one of the forms of torture was
that the prisoners were given nothing to eat for two to three days.
Then a guard would bring a panwith food which was extremelysalty
and forced prisoners to eat it al]. A.S. had to do this three times, after
which he wasgiven no water.
Evidence: 221194-1 6.
7.2.3.7. D.Dj. was in the camp in LjubuSkifrom April to October 1992.
He was captured as a member of the JNA forces. He stated that the
guards kicked the inmates with their heavy boots on al1 over their
bodies, especially in the mouth. They kicked out many teeth and also
758pulled out the healthy ones with pliers. They bound the mouths of the
inmates when beating them.
The standard procedurefor beatings was to line the prisoners against a
wall with their legs apart, leaning against the wall with their three
fingers with which the Orthodox Serbs cross themselves. Guards,
usually in pairs, would beat them with batonse, lectric cables and other
heavy objects as they stood facing the wall.They were then forced to
kneel and finally lie down so that the guards could stamp and jump on
their bodies.
They received food and water irregularly.When they did get food, there
was not enough, and it was contaminated with hair, dirt, earth, shaving
foam and soap. The dishes were never washed and mice often walked
over them. The witness weighed90 kilos when he was imprisoned, and
only 43 when he was released.
Perpetrators: Ahmed Salkamenic; Nedjo Matic; Nosic, first name
unknown; KreSo,a.k.a. "~upo", surname unknown.
Evidence: 288194.
7.2.3.8. The witness was taken to a camp for Serbs in the school in
Lipno near LjubuSki early in May 1992. On arrival, he and other
inmates were taken to a room whose walls and floor were splashed
with blood. Guards beat them with metal bars threatening to kill them
and al1other Serbs. A guard slashed the witness on the arm with a
knife, and then licked his blood saying that Chetnikblood was sweet.
The witness and other inmates were struck on the hands and legs with
hammers. The witness was also burned with a welder on both arms
and the burn marks are still visible. He has other scars on his right
arm, left thigh, chest and back. Guards extinguished cigarettes on his
palms and arms, and this has also left scars.
The witness was also ordered to have sexual intercourse with four
other inmates.
A HOS commander visited the prisoners every day and ordered the
inmates to greet guards with Fascist and Ustasha hail.When Dobroslav Paraga and Mile Dedakovic, a.k.a. "Jastreb visited the
camp with a TV crew, the inmates were forced to Say that they had
been snipers or had owned radio transmitters. One detainee was told
to Say he had been Karadiic's aide.
Evidence: 295194-1
7.2.3.9. Two witnesses, who were in LjubuSkifrom mid-May till the end
of October 1992, Say that al1 prisoners were systematicaliy beaten
while they were in the camp. About 10 guards would gather in the
evening and certain prisoners would be called out by name. They had
to stand facing a wall and were kicked, punched and hit with
truncheons al1 over their body, but especially in the genitals. When a
detainee would f.aint the guards would order someone from his cell to
take him back. This lasted several hours every night and sometimes al1
night. Each detainee was usually beaten for 15 to 20 minutes,
depending on how much he could stand.
The beatings were the worst on the Muslim religious holiday -Bairam,
when guards put rags in al1 the prisoners' mouths and plastic bags
over their heads before beatingthem.
Two inmates died of injuries after torture. They were both called
MiloSevic, first names unknown, and were between 50 and 55 years
old. They were burned with a welder so that their clothes stuck to the
wounds.
Evidence: 221 194-18
7.2.3.10. During his stay in the camp in LjubuSkipolice station from 10
June to 18 August 1992, the witness Z. was beaten up five or six
times. The guards forced inmates to lie on top of each other and beat
the top detainee with truncheons, while the prisoners below were
crushed by the weight of the other prisoners.
The inmates were also exposed to mental torture. They were forced to
sing Ustasha songs and greet the guards with Fascist salutes. The
prisoners were taken out every day for "exercise", but the guards made
them imitate horses, sheep and other animals.
Evidence: 221 194-67.2.3.11. The witness P.D. was captured on 4 May 1992 and taken to
LjubuSki with 14 other captured men. The camp was at that time run
by the Croat Army - HVO, and the chief warden was Dragan Tomic.
On arriva1in the camp he was searched and interrogated, and he was
beaten and tortured throughout his time in the camp.
The cells in which the prisoners were held were cold and dark. There
were no beds or blankets, and the prisoners slept on the concrete
floor.
For the first five days the prisoners were given no food and only a little
water. Afier that they were given only one meal a day, consisting of a
piece of stale bread and a small piece of cheese or some jam.
In addition to daily beatings, ther.isonerswere forced to do push-ups,
and the guards beat with rubber truncheons any prisoners who they
considered was not doing them properly. The guards also brought
people from outside the camp, usually the locals, to beat and humiliate
the captured persons.
When he was exchanged on 25 May 1992, the witness was exhausted
and had visible marks of beatings al1over his body.
Evidence: 149194..
7.2.3.12. The witness M.Z. was arrested by HOS soldiers in Mostar on
30 April 1992 and taken to the school in Lipno near LjubuSkiwith three
other prisoners. The floor of the room to which they were taken was
splashed with blood. They were beaten there every day with fists,
boots, iron bars and rifle butts,and shots were fired over their heads.
1. Milovan Zubac bled heavily from the injuries and was in critical
condition. The guards took him away, saying they were taking him to a
doctor, but he was never seen or heard of again.
Perpetrators: HOS soldiers from Lipno.
Evidence: 295194-1and 445194-2.7.2.3.13. The pensioner V.M. was arrested in his flat, in ~apljina, on 7
May 1992 by HOS soldiers led by Damir Milicevic.
They took him to the village school in Lipno, where he was held until
11 May 1992, when he was transferred to another camp.
The witness says that he was tortured the most in this camp by a man
called "Dugi" and a young man aged about 18, who was a relative of
the ~apljina photographer Ahmet Korac.
He was beaten with truncheons and rifle butts. Guards extinguished
cigarettes on his palms and tongue and forced him to eat the butts.
They pushed plaster into his mouth, cut the skin between his fingers
with a knife and set his hair on fire. They forced the witness to lick a
dog underneath its tail and put a dog's penis into his mouth.
Evidence: 231195
7.2.3.14. D.P. who was a member of the former JNA was taken with
other soldiers to Ljubuski in May 1992. There were 10 to 15 prisoners
in each cell. The cells were dark and cold and the prisoners slept on
the floor without blankets.
The prisoners were given no food and only a Iittle water during the first
few days. Later, they received only one meal a day consisting of a
slice of bread and a little piece of cheese.
The prisoners were made to do push-ups for hours on end and were
beaten with rifle butts when they did not try hard enough. The guards
played cassettes with Ustasha songs and made the prisoners learn
them and sing them.
Women came from the town and beat the prisoners with umbrellas and
other objects.
In his three weeks in this camp, D.P. was not given a chance to wash.
Perpetrators: Damir Matic, chief warden; lvica SuSac from LjubuSki,
deputy chief warden; Kreso Mihaljevic, a.k.a. "cupoN, a guard; Nedjo
Macic, a guard, member of Student karate club in Mostar; Mate Begic,a guard; Karlo, surname unknown; Radoslav, surname unknown, a
guard
Evidence: 149194
7.2.3.15. A Serb civilian, R.B. was captured on the~apljina-stolac road
by the Croat-Muslim armed forces on 8 April 1992. Fist, he was taken
to Metkovic, then to the camp Lora in Split, after that to Duvno and
finally, to the camp LjubuSki,where he stayed till 18 August 1992. He
was constantly beaten in al1those camps.
Evidence: Medicinski nalazIMedical findings - T 1 (Annex No. C 139,
pp. c1429-~14311cl432-~1435 and photos in the Annex No C161,
pictures No 1-2, p. 69)
7.2.3.16. D.T. arrested as a civilian on 8 April 1992 at MuminovaCa.
First, taken to Metkovic, then to Lora in Split, Stopanici near Duvno
and finally to the camp Ljubuski, where he stayed from 4 May to 18
August 1992. He was tortured and beaten in al1 these camps. They
put out cigarettes on his skin, stabbed his hands with knifes and than
sewed his wounds without any anesthetic. He was shot at three
times. They set fire to his beard; he was forced to eat salt, grave1
and sand. Several times he was tortured with law voltage electric
current with wires tied to hisnose and ears, or his nose and penis.
They told him that his daughters had been raped and burned at the
crypt at Prebilovici.
Evidence: Medicinski nalaz1Medicalfindings -T 13 (Annex No. C 140,
pp. cl436-~14381~1439-cl445 and photos in the Annex No C161,
pictures No 1-7, pp. 71-74)
7.2.4.0. Dretelj
7.2.4.1. Serbs were tortured in a camp in Dretelj near ~apljina. Boio
Balaban and his wife were taken there on 2 August 1992. On the night
following his arrival, guardsalled Bo20 to come to the window of the
hangar where the prisoners were held to be beaten. He refused,
763saying that he was not guilty of any crime, but the guards, 7 or 8 of
them, dragged hirn outside, handcuffed hirn to a fence and beat hirn
savagely with wooden clubs on the head, back and other parts of the
body. They took hirn back to the hangar, handcuffed hirn to the window
bars, and then about ten of them beat hirn mercilessly. They broke his
legs so that he couldn't stand any more and left him hanging by his
hands, screaming and calling for help until he died before dawn. While
they were beating Boio, the guards and their commandersmade the
other prisoners sing songs to drown out his cries.
Perpetrators: Vinko Primorac, Edin BuljubaS.ic,Vinko Martinovic, a.k.a.
"HarmonikaS"and other guards.
Evidence: 9/94, 31194, 445194-38, 445194-5, 445194-37, 445194-39,
437194-1 and 221194-11.
7.2.4.2. The following prisoners were also killed in Dretelj:
1. Nenad Markovic, from Bijelo Polje near Mostar, the manager
of a Mostar construction firm, was taken to Dretelj early in August
1992. Guards mercilessly beat hirn in the camp yard and he died in
the arms of detainee D.R. two or three days later.
Perpetrators: Ahmet Mahitan, a.k.a. "Maks", llija Mustapic, Nedeljko
Milicevie, a.k.a. "sapaM,and other guards.
Evidence: 445194-2, 379194, 313194-1, 445194-3and 221194-11
2. Jovo Pejanovic, a retired Mostar police chief, was dressed in
a JNA uniform and forced to graze grass together with a horse.
Guards told passers-by that Jovo was a "captured Chetnik". In the
summer of 1992 he was beaten so badly that the guards took hirn
away on a stretcher, allegedly for medical treatment in Split, but he
was not seen or heard of again and is presumed dead.
Perpetrators: Dretelj camp guards and other staff.
Evidence: 445194-2, 379194, 445194-5, 221194-11.
3. In August 1992, Evgenije Samardiic, was stopped by Blai
Kraljevic, the HOS commander for Herzegovina, when hetried to tell
764foreign journalists in French about conditions in Dretelj. Kraljevic told
him he was lying, and he was later badly beaten and taken away from
the camp. His body was found later in the Neretva river with a gunshot
wound in the head.
On the same occasion the following prisoners, who were also taken to
Mostar, are missing.
4. Radivoja Levnajic, from~apljina,
5. Risto Vreca, from a village near Stolac,
6. RadoS Slobodan,
who were most likely killed.
Held responsible: Blai Kraljevic, administration and staff of the camp
Dretelj.
Evidence: 313/94-1, 445194-2, 231/95 and 674195 (svedoeenje
M.S.1testimony M.S., Annex No. C 94, pp. c943-~9561~957-c975).
7. Djuro ~koro from SlipCici near Mostar was arrested in
Mostar on 30 April 1992 and taken to Lipno near LjubuSki, where he
was tortured for a week before being transferred to Dretelj. Guards
continued to beat and torture him there. There were burns al1over his
body from where guards had burned him with candles and with other
inflammable objects, and he had large swellings on his chest from the
beatings. Blai Kraljevic told him that he had ordered guards to take
him to Split, but he has never been seen since.
Perpetrators: Blai Kraljevic and Dretelj camp guards.
Evidence: 295194-1 , 313/94-1 and 445194-2
8 and 9.
Nikola Kuzman and his wife DuSanka Kuzman, both
dentists from ~apljina, were imprisoned and tortured in Dretelj in the
summer of 1992.
They were taken from of the camp under the pretext that they were
released. However, they were found dead near their home in ~a~ljina.
765Perpetrators: Dretelj camp guards.
Evidence: 313194-1
7.2.4.3. The camp doctor, Zoran Hranilovic, a Croat surgeon from
Zagreb, asked the guards to beat prisoners before allowing them to
come to his surgery for examination. He personallytortured prisoners in
a number of ways:
7.2.4.3.1. The female witness S.B. sought medical care because she
had kidney difficulties even before her confinement.Hranilovic received
her with a gun in his hand, cursed her Serb mother and gave her an
injection that increased her pain so much that she almost lost
consciousness. He then called in two guards and told them to rape
her. When they had finished, three more guards came in to rape her
too, beating her, pulling her hair and urinating in herh.
Before this, on arriving in the camp, this witness and herhusband were
beaten at the gate so severely that they both lost consciousness. The
witness was also tortured and degraded in other ways. On 11 August
1992 a group of guards made her drink urine from the bucket when
she asked for water. They told her not to talk to other prisoners and
forbade her to cry.
Perpetrators: Dr.Zoran Hranilovic and Dretelj guards.
Evidence: 9/94 and 445J94-39.
7.2.4.3.2. The detainee S.S. sought medical assistance from
Dr.Hranilovic after he had been forced to drink a large quantity of
engine oil. Dr.Hranilovic operated on him without anesthetic and the
detainee's screams were so loud that they "froze the blood" of other
prisoners.
Dr.Hranilovic performed similar experiments on other prisoners and
everyone was scared of him. On one occasion he ordered the detainee
D.R. to lick his shoes. When D.R. refused, he punchedhim in the face
and then sewed the resulting gash without anesthetic.The above-mentioneddetainee, S.S.,was tortured every day in Dretelj.
Guards pierced his hands, tongue and ears with knives, stuck needles
under his nails, gave him electric shocks and used other brutal
methods. Female guards also beat him, in particular a small,
dark-haired woman called Marina, surname unknown.
Perpetrators: Dr. Zoran Hranilovic; Marina, surname unknown, and
other Dretelj guards.
Evidence: 445194-2, 31194, 313194-1, 314194, 445194- 39, 445194-38,
437194-1, 231195and 221194-1 1.
7.2.4.3.3. The witness R.J. soughtmedical assistance from Dr.Hranilovic
after he had been so badly beaten that he had blood in his urine.
Dr.Hranilovic asked him to produce a sample of his urine and then
made him drink it and Say it was fruit juice.
Perpetrator:Dr.Zoran Hranilovic.
Evidence: 445194-2.
7.2.4.4. Witness 31194 also speaks about the inhuman treatment in
Dretelj. She had lived in Mostar with her husband and two grown up
sons before the war. When the civil war broke out, her husband and
sons escaped from Mostar, but she stayed there. She was soon fired,
and her flat was repeatedly searchedby armed men who threatened to
kill her. On21 June 1992, three HOS members, who she knows, came
to her flat, searched it, took everything valuable away and arrested her.
She was held for three days in a cell with a large group of men and
women and then taken to Dretelj. On the way the guards beat the
prisoners, especially the men, and forced some of them to perform
pervert sexual acts on women prisoners in front of their husbands.
The witness was held in a big shed in Dretelj with other women
prisoners, some aged over 70. During the day, and especially at night,
they heard screams and moans coming from the shed where male
prisoners were kept. The women prisoners who had been in Dretelj
when she came told her that the inmates were savagely tortured and
told her the names of other prisoners.Perpetrators: Marijo Milicevic; Sergej Belovic; and Dugalic,a.k.a.
"Luster", first name unknown.
Evidence: 31/94.
7.2.4.5. The witness 445/94-2 was also an inmate of Dretelj and has
given testimony about the torture he underwent.He lived and worked in
~a~ljina. In April 1992 he came home to find that his flat had been
broken into, and his personal documents were missing. Soldiers
searched his flat again on 6 June 1992, and took everything of value.
He was arrested and taken to Dretelj. The witness says that in the
camp he was beaten "enough for 100 people". On arriva1he was taken
to the chief warden's office by the following HOS members: Mirsad
Repak, Dragutin Dujmovic, Ivan Medic and Milan Vego. They asked
hirn where he kept his gun, cursedhis "Chetnik mother", hit hirn with
rubber and wooden truncheons and stubbed cigarettes on his neck.
Then they made hirn kneel down while one guard hit hirnon the back
and Repak pushed pins and nails under al1 his fingernails. During
torture, guards threatened to gouge out hiseyes, cut off his ears, cook
them al1 up and make him eat them. They also threatened to cut off
his head and throw it into the deep pit near Surmanci where 500
Serbs from his village, including about 160of his relatives, were thrown
in alive during World War II. The next morning the guard named sime,
from Metkovic , called him. Since he could not rise, other prisoners had
to help hirn get up. sime then kicked hirn in the head, broke his nose
and made hirn lick the blood off the floor, saying: "Serb blood must not
soi1the ground I walk on." The witness was beaten again every hour
or two hours. At about 6.00 p.m. he was taken to another building
where about 20 HOS members were waiting for hirn in a room with a
picture ofAnte Pavelic on the wall ( who was the leader of the World
War II Ustasha lndependent State of Croatia), as well as a skull and
the Ustasha motto "For the Homeland" hanging on the wall. All the
guards beat hirn with iron bars, clubs, spade handles, electricitybles,
whips and rifle butts. They beat hirnal1over his body, especially in the
kidneys and on the spine.
The witness was unable to move for ten days after this beating, and
when he finally managed to get up, guards again beat hirn every day.
On one occasion, the guard Zvonko BjeliS ordered ten other prisoners
to hit hirn 40 times each. One inmate, who was his friend, did not hithim hard enough. BjeliS broke a bottle on his head and another bottle
on the witness's head.
On another occasion, the guard lvan Medic ordered the witness to
show his tongue and then pierced it with a knife. Medic forced hirn to
lick his own blood and then extinguished a cigarette on the wound and
ordered the witness to eat it. Since the witness was unable to do that,
Medic hit him with a rifle butt and the witness fell down on his face.
Medic then stamped on his right hand until the nail of the index finger
fell off.
The witness was also forced to perform unnatural sexual acts with
other prisoners.
Perpetrators: Sejo Horozic, the then chief warden; sime Martinovic
from Metkovic; lvan Medic, a.k.a. "Poskok; Mirsad Repak; Drago
Dujmic; Milan Vego; Zvonimir-Zvonko BjeliS, a.k.a. "Crvenkapa"; Edin
Buljuba5ic and others
Evidence: 445194-2and 313194-1
7.2.4.6. The witness 445195-5was also tortured in Dretelj. In addition to
physical torture, the inmates were humiliated and degraded. Among
other things, they were forced to have sexual intercourse with animais
and to graze grass. The witness says that the guards kicked and
trampled on the prisoners while they grazed grass. The beatings and
torture became even more intensive after, Blai Kraljevic, the chief HOS
commander for Herzegovina, was killed. The guards then systematically
severely beat al1the prisoners.
The prisoners were, according to this witness, most cruelly treated by
llija Mustapis, Ahmed Mahitan, a.k.a. "Maks", Srecko Herceg and Edin
Buljubasic, who threatened to gouge out the detainee's eyes, and by
several female wardens, especially by the one named "Goca".
Evidence: 445195-5.
7.2.4.7. The witness 445194-8 from Mostar was urrested on 9 July
1992 together with his father, mother and sister. The only reason for
their arrest was that they were Serbs. The witness says that the
prisoners were forced to labour (cleaning) and were beaten while they
769worked. At night guards called them to the window and would beat
them through the bars.
The following guards beat the prisoners particularly brutally: Vinko
Primorac, Edin BuljubaSic, an unidentified Albanian guard and another
guard called "Zoki", whose realname is not known.
Evidence: 445194-8.
7.2.4.8. The witness 445194-40 was arrested together with her
husband and son and taken to Dretelj in June 1992. Before the arrest,
they had been continually harassed by Croat soldiers, who took
everything of value from their flat. In the camp, the witness was held
in a room with 80 to 90 other women.She was taken out every day
for interrogation, and sometimes at night. Guards tried to force her to
admit that she had a radio transmitter in her flat. She was beaten,
especially by the guard Mirsad Repak. Guards forced her to put her
hands on the table and then hit them with a tennis racket and pushed
a syringe under her fingernails. On one occasion, they brought her son
in and made him watch. Two other female prisoners,who were with
the witness from the beginning, were also tortured. Guardsextinguished
cigarettes on their breasts and set fire to their hair.
The witness states that she and other femaleprisoners were repeatedly
raped, especiallyby Mirsad Repak and anotherguard called Ivan, a.k.a.
"Poskok", surname unknown.
Perpetrators: Mirsad Repak, Ivan Medic, a.k.a. "Poskok", and other
guards.
Evidence: 445194-40.
7.2.4.9. The witness 445194-15,a technician, was arrested on 12 July
1992. In Dretelj, he was tortured in many ways. He and other prisoners
were beaten inside and outside the camp facilities. On one occasion,
five HOS members al1trampled on him in the camp yard. He survived
this torture thanks to his exceptional physical strength. Camp inmates
were forced to learn and sing Ustasha songs, to graze grass and eat
soi1 and cigarette butts when they were taken out of the camp
premises. The witness says he must have eaten about a kilo of
cigarette butts.
770The witness lost 30 kilos in Dretelj, and his physical and mental health
has been seriously impaired.
A medical examination of witness 445194-15conducted in October 1994
revealed: 1) a scar on the head caused by a blow with a blunt object,
such as truncheon, boot, rifle butt or similar; 2) scars on the right side
of the neck and the left hand that mighthave been caused by cigarette
burns; 3) scars on the index finger of the left hand, probably resulting
from cutting with a sharp mechanical object.
As a result of traumatic experiences in the camp, the witness had
developed a post-traumatic stress syndrome characterised by severe
depression and suicida1tendencies.
Perpetrators: Mirsad Repak; Mile Nogulica; administration and other
Dretelj guards.
Evidence: 445194-15 and Medicinski nalaz1Medical findings - T 8
(Annex No. C 155, pp. c1523-~15241~1525-1529and photos in Annex
No 161, pictures No 1-2, p. 34)
7.2.4.10. The female witness 356194was brought to Dretelj when the
camp was set up in May 1992, and spent more than three months
there. She states that Serb women were beaten, degraded and raped
every day. She herself was repeatedly raped by 20 guards who al1
wore HOS uniforms or uniforms with the lily insignia. The witness has
given data of the personswho raped her onceor many times.
Perpetrators:
1) "Dugi", real name unknown, aged between 25 and 30,
height: about 175 cm, thin, with a long, pock-marked face and a deep
voice;
2) Salko, surname unknown, from Tuzla district, a Muslim aged
about 25, height: about 160 cm., frail, fair-haired, balding, always
carried a knife with which he often threatened toill the witness;
3) "Mut", real name unknown, a Croat aged about 20, height:
about 170 cm, long black straighthair; 4) Dragan Dujmovic from Toronto, Canada, a Croat aged abolit
35, height: about 180 cm. tall, stocky, fat, well known for beating up
prisoners;
5) VranjeS, a.k.a. "Cikoja", first name unknown, barber before
the war, aged about 25, height: about 160 cm, black very curly hair, he
was once wounded and has no fourth and fifth toe on the left foot;
6) Hektor cosic, a.k.a. "Dida", from Konjic, lived in Australia, a
Croat aged about 55, height: about 160 cm, thin, grey hair, enjoyed
beating up prisoners;
7) Joe, an American citizen posing as journalist, aged about 48,
height: about 180 cm, tall, lean, brown permed hair, could not speak
Serbo Croat;
8) Zvonimir BjeliS, a.k.a. "Crvenkapica", from Opuzen near
Metkovic, aged between 20 and 25, height: between 180 and 185 cm,
fat, strong, a real beast;
9) ~eljko ~e~eljfrom Opuzen, aged about 20, height: about 170
cm, black hair, of medium build, enjoyed beating up and torturing
prisoners;
10) Ivan Medic, born 1952 in Donji RadiSici near LjubuSki,
height: about 150 cm, before the war a street cleaner in LjubuSki,thin,
brown hair, moustache, enjoyed beating up prisoners and slashing
them with a knife;
11) ~evra, a.k.a. "Bosanac", real name unknown, from
Sarajevo district, lived in Switzerland, aged between 25 and 30, height:
about 180 cm, black hair, besides raping enjoyed in beating up
prisoners;
12) An unidentified military policeman from Metkovic, aged
about 30, height: about 160 cm, plump, fair-haired, round face, poor
complexion, forced female prisoners to perform pervert sexual acts;
13) An unidentified soldier from Zagreb, aged about 20, wore
plaster cast on the right shin, narrow face, dark complexion, cropped
black hair;
772 14) An unidentified soldier from Zagreb, golden fair-haired
cropped hair, wore cross-shaped earringin one ear;
15-16) Two Albanians in HOS military uniforms, aged between
20 and 25, both stocky with brown hair, looked very much alike, later
held in investigative custody for an unspecified offence;
17) Aleksandar, a.k.a. "SaSa", surname unknown, from
Crikvenica, a Croat aged about 18, height: about 180 cm, skinny,
enjoyed raping, beating up and torturing prisoners;
18) Marinko, surname unknown, from BrCko district, lived in
Crikvenica, a Croat aged about 30, height: about 180 cm, stocky,
spoke with a stammer, enjoyed beating up prisoners;
19) Goran, surname probably Zec, a.k.a. "Grom", from
Varaidin district, aged about 30, height: about 190 cm, skinny, balding,
small head, enjoyed beating up prisoners;
20) Tomo, surname unknown, from DrniS district, a Croat aged
about 35, height: 165 cm, black hair, fat, puffy, pock-marked face,
alcoholic, claimed to have been captured near Kostajnica by Serbs and
exchanged after spending three months in Manjata camp, enjoyed
beating up prisoners;
21) Mile Vego, before the war waiter in ~apljina, a Croat aged
about 25, tall, black hair, did not take pari in rape personally, but
encouraged others to rape while he watched, made female prisoners
strip and then pushed truncheon in their vaginas, and forced male
prisoners to perform perverted sexual acts.
Evidence: 356194 (svedoeenje 0.D.ltestimony O.D., Annex No. C 257,
pp. c2220-22251~2226-c2230,Medicinski nalaz1Medical findings - BG
6, Annex No. C 256, pp. c2212-~22151~2216-c2219 and photo in the
Annex No. C161, picture No 1, p. 35) 445194-2, 445194-7, 445194-9,
445194-10, 313194-2and 445194-40.
7.2.4.11. The witness M.V., a pensioner, was arrested by HOS soldiers
and taken to Dretelj camp on 11 May 1992. He was beaten and
tortured before he was released on 17 August 1992. The guard called
773"Chicago" from Vinkovci, aged about 18, and another one called
"Crvenkapa", aged about 20, were particularly brutal. On one occasion,
"Crvenkapa" forced him to eat shoe polish, after which he nearly died.
On another occasion, he and 11 other prisoners were lined up and
beaten mercilessly al1 over their body. One of the guards hit the
witness with a karate kick in the ribs so hard that he still feels pain
when breathing.
This detainee confirms the testimoniesof other Dretelj inmates that the
guards forced them to graze grass,beat each other, drink motor oil,
imitate animals and perform unnatural sexual acts. The guard Luka,
surname unknown, from Opuzen particularly liked to torture the
prisoners.
Perpetrators: Zvonimir BeliS, a.k.a. "Crvenkapa", Luka ~e~elj from
Opuzen, the guard called "Chicago", real name unknown, and other
guards.
Evidence: 231195,
7.2.4.12. The witness S.B. was transferred to Dretelj from a camp in
Mostar on 7 June 1992. On arrival, he was beaten so badly by five
HOS soldiers that he could not walk. He was then dressed in a
Chetnik uniform and ordered to hold a sniper rifleto be photographed,
which he refused. The guards then beat him again, thrust a rifle in his
hands and photographed him. On another occasion, they madehim
Wear the robes of an Orthodox priest, ridiculed him and again
photographed him.
Guards pushed knives and nails under his finger and toe nails, pushed
truncheons and electric cables in his anus and pierced his tongue with
a knife after which he hasa scar.
The witness and other prisonerswere forced to sing Ustasha and Arab
songs al1 night. Women wearing HOS uniforms forced them to cross
themselves like Catholics.
The witness was taken out for a fake execution on two occasions. The
first time, he was tiedto a tree and guards shot over and beside him.
The second time, the guards pretendedthey were going to slit histhroat, and then tied him to a tree while a HOS member threw knives
into the tree al1around him.
The same witness and another three inmates were forced to beat each
other, to have intercourse with a dog, to graze grass, eat insects and
drink detergent,motor oil and urine.
Guards told him: "Whose fault is it that you're a Serb? You are
heretics. You are not a nation. You will disappear. Only Catholics and
Muslims will remain.We will convert a third of you to Catholicism, kill a
third and expel a third to Corfu and the Belgrade pashalik." They also
told them that it was good that the Serbs had cleared out the pits in
Herzegovina "so that we can throw Serbs in them again".
Perpetrators: Dretelj andcamp guards.
Evidence: 295194-1 , 313194-1,445194-2and 221194- 11
7.2.4.13. After being arrested in his flat in ~apljina on 15 May 1992,
the witness Lj.M. was taken to Dretelj. On arriva1guards took away his
civilian clothes, dressedhim in a JNA uniform and presented him as a
"Chetnik" brigade member.
During interrogation, he was beaten on the body with truncheons, rifle
butts, poles, iron bars, electriccables, boots and other objects.
Guards extinguished cigarettes on hisarms, cut his legs with bayonets,
inflicted injuries in the area of the kidneys, ribs and other partsof the
body.
Perpetrators: Blai Kraljevic; Ivan Medic; Zvonko BjeliS, a.k.a.
"Crvenkapa"; ~eljko ~e~elj; Luka ~e~elj; lvica seselj; Dr.Zoran
Hranilovic, camp doctor; Hektor ~osic from Perth, Australia; Drago
Dujmovic, from Canada; Dr.JoSko Japundiic; Mirsad Repak; Slavko
Brozovic; Leopold Jakovic; Hasan Toporan from Blagaj; Amet Mahitan
from Stolac; Zerina suta from Domanovici; Sergej Belovic; and Damir
Grahovac.
Evidence: 313194-1, 231195and 313194-2.7.2.4.14. The witness 313194-2was arrested together with her husband
in their flat inapljina on 15 May 1992 and taken to Dretelj. After ten
days in the camp, she and four other inmates were raped by HOS
members, two or three times every day.
During interrogation, she and other female prisoners were forced to
strip. Guards extinguished cigarettes on their breasts, beat them with
clubs, pushed needles under their fingernails and held bayonets at their
throats.
Perpetrators: Drago Dujmovic; guards called "Dugi" and "Bosanac";
Zvonko BjeliS, a.k.a. "Crvenkapa"; reljko SeSelj; Luka ~e~elj; lvica
SeSelj; Mirsad Repak and other guards.
Evidence: 31 319'4-2and 313194-1.
7.2.4.15. On 25 August 1992, the witness G.D. was transferred to
Dretelj from Mostar with seven Serb malesand four Serb females. On
arrival, the guards started beating them until theyfell unconscious and
then poured water over them to regain consciousness.
G.D. was also beaten by two women, one aged about 17, the other
older, who kicked him with the tipsof their heavy boots they had on .
Several ribs were broken in the beating, and he has a scar on the tip
of his chin.
Perpetrators: Dretelj camp guards.
Evidence: 273194.
7.2.4.16. The witness, D.J. a Serb salesman from Mostar, was arrested
at the end of August 1992 and transferred to Dretelj after several days
in a camp in Mostar. In Dretelj he was beaten and tortured. A guard
once forced him to eat a lit cigarette.
Perpetrator: Hasan Toporan and four other guards.
Evidence: 295194-5.7.2.4.17. The witness 314194was arrested in ~apljina on 10 June 1992
by HOS members, who broke down the front door and barged into his
flat. After beating him up severely, they took him to Dretelj. Two days
later, Zvonko Bjelic, a.k.a. "Crvenkapa" ordered another detainee, a
retired policeman, to hit this witness 20 times on the head with a club.
BjeliSwas not satisfied with the detainee's efforts and then punched the
witness in the mouth with the explanation: "That's the way to do it."
The retired policeman then hit him so hard that the scars on his head
did not heal for two months. BjeliS then ordered the witness to hit the
retired policeman in thesame way and made them box each other.
The witness and other prisoners were beaten every day. When they
were on forced labour in the camp, the guards and other staff hit them
with everything at hand. They were also insulted and forced them to
perform pervert sexual acts.
Perpetrators: Zvonko BjeliS, a.k.a. "Crvenkapa"; Mirsad Repak; Ivan,
surname unknown; "Buco", a policeman, real name unknown; female
wardens Suzana, Marina and Marija from Gorica, near ~apljina,
surnames unknown.
Evidence: 314194and 313194-1.
7.2.4.18. A 68-year-old housewife from ~apljina, the mother of two
sons and a daughter, was arrested by two HOS soldiers in her flat on
2 June 1992. They searched the flat and took money and other
valuables. A HOS soldier punched her in the face, and then they took
her to Dretelj.
In Dretelj they asked her to tell them where her husband and sons
were and how many tanks the Serbs had in Prebilovci. Since she
could not answer these questions, they hit her on the back with rifle
butts. Her back was black and blue from the blows.
In addition to beatings, she was also raped by VraneS, a.k.a. "Cikoje",
firstame unknown.
Perpetrator: Miro Hrlic, HOS member, Miro Repak, born in Stolac, Ivan
Medic, born in LjubuSki,Zvonimir BjeliSand other Dretelj guards.
Evidence: 397194and 31 3194-2.7.2.4.19. The witness 445194-23,aged 51, was arrested on 7 July 1992
by HOS members in Mostar and taken to Dretelj. He was beaten,
insulted and humiliated daily. He was also forced to graze grass. He
was beaten so badly on arriva1by "Dugi", Zoran and other guards that
he could not walk for 11 days. He was beaten again when he
recovered.
On one occasion guards made him lick the steps at the entrance to
the administrative building. He was alsoforced to clean toilets with his
bare hands and drink urine. During his stay in the camp he lost 27
kilos.
Perpetrators: Sergej Belovic; "Dugi"; "Chicago", from near Vukovar;
Zoran, surname unknown, and other guards.
Evidence: 445194-23,
7.2.4.20. The witness T.c., a 49-year-old worker from Pocitelj, was
arrested on 1 July 1992 in her house, pushed into a car, beaten and
strangled with a rope while being taken to Dretelj. In the camp she
was put in a room with 10 other female prisoners.
From the beating and strangling she could not speak for a long time,
and she had difficulty in breathing and swallowing. Her overall mental
and physical condition was bad. She still has scars on the throat and
on her legs, where guards kicked her with heavy bootson.
A later medical examination in October 1994 established that the
witness T.C. had scars on the right calf as a result of blows with heavy
blunt objects, which could have been rifle butts, clubs, boots or
something similar. As a result of her traumatic experiences in the
camp, the witness suffers from chronic depression.
Perpetrators: HOS members and Dretelj guards.
Evidence: 445194-37.
7.2.4.21. D.D., a 56-year-old pensioner, was arrested by HOS members
in his flat in~apljina on 4 May 1992 and taken to the basement of~apljina post-office. He was beaten there, and then transferred to
Dretelj.
In the camp they beat him day and night. Guards called him to the
window at night and beat him through the bars with various hard
objects. On one occasion they broke a bottle over his head, and
another time they set fire to his hair and beard, leaving burns on his
head.
Guards dressed him in the robes of an Orthodox priest and called him
"father". They forced him to graze grass and sing Ustasha songs. He
was made to lick the shoes of the camp doctor, as is described in
greater detail in 7.2.4.3.
A subsequent medical examination in October 1994 confirmed that the
witness had obtained two serious injuries in Dretelj: 1) his eardrum had
burst and his hearing was permanently impaired; 2) the seventh and
eighth ribs on the rightside of the chest were broken and had healed
with dislocation.
In addition, the witness hasscars on the upper lip and cheekbones. As
a result of his traumatic experiences in the camp, the witness is
suffering from chronic depression.
Perpetrators: Vinko, surname unknown, from RadiSici, and other HOS
members; Ahmet Mahitan, a.k.a. "Maks", and Dr.Zoran Hranilovic.
Evidence: Report T-20 of the medical commission headed by forensic
specialist Professor DuSan Dunjic and 445194-39and 445194-2.
7.2.4.22. R.Z. was arrested and taken to Dretelj, where he was
particularly viciously torturedcause he had been a member of the
Serb Democratic Party. In addition to beating him, guards shaved his
head with a bayonet and cut skin from the forehead.They pierced his
tongue with a bayonet and forced his father, who was also imprisoned
in Dretelj, to kickim.
On one occasion guards forced the witness and three other inmates to
felate on each other. Another time, Zvonko BjeliS, a.k.a. "Crvenkapa",
made him eat a lighted cigarette.Perpetrators: Zvonko BjeliS, a.k.a. "Crvenkapa", and other guards and
HOS members in Dretelj.
Evidence: 313194-1 ,314/94, 445194-2.
7.2.4.23. A HOS unit was stationed in Dretelj camp. They amused
themselves by torturing, maltreatingand degrading the Serb inmates.
The witness S.B., who was in Dretelj in July and August 1992, States
that the prisoners were forced to kneel down and graze grass while
HOS soldiers would dash at them and jump on their backs. They
brought a bitch dog and forced prisoners to lick her under the tail and
on her sexual organ. A guard forced the witness to keep his mouth
open for about 15 minutes while the guard kept sticking a knife in his
mouth and spitting in it.
On one occasion four inmates (identities known to the Committee) were
ordered to strip, masturbate each other and then engage in unnatural
intercourse. The inmates were made to sing Ustasha songs which
degrade Serbs, and cross themselves in the Catholic way. Guards
pushed prisoners' heads into a bucket of excrete.
Perpetrators: Blai Kraljevic; a guard called "Zoki", aged 20-25; guard
Toni Rajii: from Mostar; female guards Marina, aged about 25, surname
unknown, and Suzana from Zagreb, surname unknown; Edin BuljubaSic;
and Vinko Primorac.
Evidence: 221194-11.
7.2.4.24. The detainee R.B. was severely tortured in Dretelj during the
summer of 1992. Guards pushed nails under his finger nails and beat
him so badly that he could not move. He was in so much pain that he
asked them several times to kill him.
Perpetrators: Dretelj camp guards.
Evidence: 231195.
7.2.4.25.US State Department spokesmanRichard Boucher said in his
statement of 26 January 1993, that Croat forces had arrested a 36-yearold Serb woman doctor and taken her to a camp in Dretelj, where she
witnessed the torture of many imprisoned men and women.
7.2.4.26. The witness R.L. was taken to Dretelj on 21 July 1992 with
nine other prisoners who had al1been previously tortured for ten days
in the former JNA clinic in Mostar.
In Dretelj, guards called him to the window on the first night and made
him put his hands out so they could beat him with truncheons, rifle butt
and other objects until he lost consciousness. Ahmet Mahican, a.k.a.
"Maks", took the lead in this beating. He forced the witness to drink
urine on several occasions.
A subsequent medical examination conducted in October 1994
established that the witness had a lump on the right side of his neck,
which doctors believe resulted from a blow with a heavy blunt object,
possibly a fist, a foot, a rifle butt, a truncheon or some other object.
As a result of his traumatic experiences in the camp, the witness is
suffering from organic post-traumatic mentaldisorder.
Perpetrators: Ahmet Mahikan, a.k.a. "Maks", and other Dretelj guards.
Evidence: 445194-38 and report T-19 of the medical commission
headed by forensic specialist ProfessorDuSan Dunjic.
7.2.4.27. The witness S.B., a 52-year-old teacher, and her husband
were also taken to Dretelj on 21 July 1992 from a camp in the former
JNA infirmary in Mostar. In Dretelj, the guards took away her watch
and jewellery, maltreated and degraded her every day, starved her and
threatened to kill her.
She says that female guards Marina and Gordana from ~apljina and
Zerina suta were pariicularly brutal to the female prisoners. suta beat
the witness personally.
On about a dozen occasions, the witnesssaw Suzana from Zagreb hit
male prisoners on the head with a rifle butt as they were being brought
out of the hangar. The men were beaten more oiten than the women.Perpetrators: Zerina suta, Marina and Gordana from ~apljina,
surnames unknown, Damir Glogovac, an Albanian with the surname
Krasnici, a.k.a. "Marko", first name unknown, Toni Rait and llija Rait.
Evidence: 437/94-1
7.2.4.28. The witness S.P., a pensioner, and his wife were arrested in
Mostar on 2 August 1992. They were first taken to the former JNA
infirmary, where the head warden lvan Zelenika interrogated and beat
him, and then sent him, his wife and a number of other arrested Serbs
to Dretelj.
Croat and Muslim soldiers and camp guards beat the witness every
day in Dretelj. Like other prisoners, he was called to the window at
night and guards beat him through the bars with various objects. Since
he was covered with blood and bruises, guards hid him and other
prisoners who were in a similar state in a tunnel when International
Red Cross officials visited the camp. He was beaten most often by
Toni Rait from Jasenica near Mostar,a guard called "Max" and a girl
called Marina.
Perpetrators: lvan Zelenika, Toni Raie, Ahmet Mahitan, a.k.a. "Maks",
and Marina, a female guard whose surname is unknown.
Evidence: 445194-4
7.2.4.29. The witness T.B. and his wife were arrested in Mostar on 15
August 1992 by three HOS members led by Serge] Belovic. After a
week in a camp in the former JNA infirmary in Mostar, where he was
beaten repeatedly, they were taken to the camp in Dretelj.
In Dretelj, the witness was made to perform heavy physical labor
during the daytime and at nights HOS members came into the hangar
and beat him and other prisoners in the dark with fists, kicked with
their boots on, baseball bats and other objects. Three or four young
women also took part in the beatings. Detainees were beaten every
day with great hatred, solelybecause they were Serbs.
The witness had injuries of the ribs and noticed blood in his urine, but
did not dare seek medical attention.Perpetrators: Sergej Belovic, Ivan Zelenika and Dretelj camp guards.
Evidence: 92/94.
7.2.4.30. The witness S.M. was captured in his flat in Mostar on 9
July 1992 by the Croat forces. He was first detained in the military
dispensary near the Hospital, and then transferred to the camp
Dretelj, where he was held till 17 August 1992.
He was severely beaten and humiliated in various ways since the
moment the Croat soldiers came for him.
While he was still in the military dispensary, a member of the HOS
told another member: "Go and bring the knife for killing Serbs". When
the knife was brought they asked him whether he preferred his ear to
be cut off, his eye to be gouged out, or tongue cut off. They first
stabbed his tongue. Then one of them started to cut off his genital
organs which started to bleed, and then wanted him to finish the
cutting off himself.
S.M. was almost permanently exposed to various forms of torture and
humiliation: they hit him with their fists, with rubber or wooden bats,
bayonet cases, automatic-rifle barrels, ordered him to do push-ups,
together with the other inmates, during which they trampled over his
back, forced him to kiss a bitch, etc.
Once he was severely beaten with bottles of mineral water, bats,
shovel handles so that he was al1covered with blood. Then they told
him to lie down in the mud to cover the blood on his shirt. When he
was taken to the doctor, he just kicked him and said "the Chetnik is
al1right".
While the prisoners were cleaning the bedrooms of the camp staff
they were beaten. The prisoners had to do the cleaning on al1 four,
during which they were kicked, hit with bats, bottles and with other.
While S.M. was cleaning the toilets with his bare hands a guard
jumped on his back so that he collapsed with his face falling into the
excrete he was cleaning.Perpetrators: Edin BuljubaSic, Vinko Primorac, Nedeljko Milicevic,
Blai Kraljevic, Toni RajiC, DerviS Kurtic, Sejo Kurtic, Marina GrubiSic,
and others.
Evidence: 674195 (svedoCenje M.S.1testimony M.S., Annex No. C 94,
pp. ~943-~9561~957-~975).
7.2.5.0. Goraide
7.2.5.1. The M. couple from Vitkovici nearGoraide were in the house
of their daughter and son-in-law in Goraide when war broke out.
Muslim soldiers often raided this and other Serb homes, taking people
outside, holding them at gun-point for hours on end, cursing their
"Chetnik mothers" and insulting and maltreating them in other ways.
They threatened to shoot or stab them and set fire to their houses.
They took food, household appliances, bed linen, clothing and shoes
from Serb houses. On one occasion, a Muslim soldier drove M. out of
the house, stood him up in front of the garage, pushed a rifle into his
mouth saying that Muslims killed in a different way from Partisans, and
that he would blow his head off. He asked him what relationship he
was to Draia Mihajlovic and what he had been doing in the Partisans.
The witness was insulted and maltreated not only by Muslim soldiers
and policemen, but also by ordinary Muslims.
Perpetrators: Muslim soldiers and civilians from Goraide.
Evidence: 594194-15 and 16.
7.2.5.2. Muslim soldiers and policemen raided the R. couple's flat in
Goraide five times and took away many valuables. Late in June 1992,
the soldiers locked them and 50 other Serbs in the corridor of the
Balkan hotel, where they were held for several days and guards
threatened to butcher them. The guards dumped the body of their son
Bojan R. in the street and left it there for two days whiie they gathered
around it, singing and dancing. In the secondhalf of July 1992, Muslim
soldiers demanded that R. state in front of Sarajevo TV cameras that
the Serbs were to blame for the war. When he refused, they
maltreated him, cursed his Serb mother and punched him. When the
witness asked for permission to leave Goraide, his request was
refused and he was beaten up in the offices of the local Muslim
784commander. After that he and his wife were confined to his flat, not
allowed to communicate with other people and left to starve. Muslim
soldiers and civilians raided their flat repeatedlyand took whatever they
wanted. One day a Muslim threatened to slit his wife's throat. At about
11.00 p.m. one evening in the spring of 1994, four Muslim soldiers
barged into the flat, beat him, his wife and her mother, and then locked
them in a small room. They also took things from the flat.
Perpetrators: Ahmed Sejdic, from Visegrad, commander of a local
Muslim unit;Alic, first name unknown, a Muslim soldier; Avdo, surname
unknown, a Muslim soldier; ~ekovic, first name unknown, police
inspector; Borovac, first name unknown, guard in local Muslim forces
HQ.
Evidence: 440194-8and 594194-1 4.
7.2.5.3. When war broke out, the Muslims ordered Serbs to stay in
their homes at al1times. When B.M. once left her flat, a Muslim soldier
came up and threatened to kill her unless Serb soldiers stopped
shelling from the surroundinghills. He said that he had received orders
to this effect fromadio Efendic, chairman of the Goraide war council.
Some 20 days after this event, the Muslim soldier tookB.M., M.M. and
three other Serb women and locked them in the basement of a
neighbouring building. They were held there for two months. In the
meantime, a Muslim soldier and three other Muslims moved into their
flat and told them not tocome back. B.M. and her mother were in very
poor health when they leftGoraide on 22 August 1994.
The parents of M.M. had been evicted from their flat at13 Marshal
Tito Street by Muslims at the very start of the war and housed with
other Serbs in a building that was regularly shelled. They were not
allowed to take shelter in the basement. When theyeventually returned
home, their flat had been looted and vandalised. Without food and
prevented from communicating with other people, they both died in
1993. During the funeral, Muslims threw Stones on the mourners and
shouted: "One Serb dog less."
Perpetrators: Muslim soldiers Bekto, surname unknown, Kusturica, first
name unknown, and Anel Berimac.
Evidence: 440/94-4.
7857.2.5.4. In mid-July 1992, Muslim soldiers and policemen evicted many
Serbs from their flats and Muslim refugees moved in. About 75 evicted
Serbs, including women, children and old people up to 77 years of
age, were housed in four flats in a building in MoSe Pijade Street,
across the road from the police station. There were more than 12 in
each room, they were guarded by four or five policemenwho prevented
them to communicate with peoplein other flats.
The leader of the Muslim police patrol that evicted N.H. from his flat,
read him the decision of the Goraide War Council, signed by Hadio
Efendic, saying that Serbswould be taken to "isolation centres" in order
to protect them from Muslim extremists.
The Serbs were detained there for about three months in this building
in unbearable living conditions. Their main food wasnettles, which were
cooked in unsalted water. They slept on the floor. When the imprisoned
Serbs demanded help, lbro ~auSevic, chairman of the local Red Cross,
read them instructions from theso-called War Council, signed by Hadio
Efendic, stating that the Red Crossshould not give food to detained
Serbs. The detainees lost strength and weight rapidly, and some of
them died.
Perpetrators: Hadio Efendic, mayor of Goraide and chairman of the
local SDA branch; Rijad RaScic,deputy chairman of the Goraide SDA
and member of the War Council; Enver Borovina, memberof the War
Council; HaSa Kuljah, member of the War Council; Fehim Pleh,
member of the War Council; lbro Merkez, who carried out decisions of
the War Council; Goraide policemen ~efko Hodiic, SaSa DragaS, lzet
Klovo, Nuzur BorEakand SubaSic,first name unknown.
Evidence: 440194-1 1 (svedoeenje 0.M.ltestimony O.M., Annex No. C
61, pp. c619-~6221~623-c628),440194-1 2 (svedocenje S.H.1testimony
S.H., Annex No. C 115, pp. cl 152-11551~1156-cl159), 440194-13, 17,
42, 440194-18 (svedocenje D.M.1testimonyD.M., Annex No. C 62, pp.
c629-~6321~633-c636),36195 (svedoEenje N.H./testimony N.H., Annex
No. C 116, pp. cl 160-11751~1176-cl189)and 462194.
7.2.5.5. On 5 May 1992, a Muslim soldier barged into the flat of S.H.
in Vitkovici and started beating her with theutt of his rifle, al1over the
body, including her left shoulder, which had been dislocated earlier.
786She fainted from the beating. On regaining consciousness,she begged
the soldier to stop tormenting herand just kill her. She sought
protection from the police, but instead the police interrogated her,
cursed her and threatened to kill her. On 17 May 1994, she was
deported with other Serbs to SaSici village, which was under police
control.
Perpetrator: Murat Popovicfrom Vitkovici and Osman SubaSic, born in
FoCa.
Evidence: 205195-2.
7.2.5.6. On 14 July 1992, Muslim soldiers rounded up the last 44
villagers from the Serb village of BuCje,12-15 of them men and the
rest women, took them to TrebeSko hill and locked them in the
basement of a building. They beat the men and slapped and pulled the
hair of the women. They took the men out at night to beat them,
forced them to lie face down and eat earth, while the soldiers kicked
and punched them and hit them with rifle butts and truncheons until
they lost consciousness. Theyheld knives at their throats and in front
of their faces so that they could not put up their hands to protect
themselves from the blows. Thesoldiers carved crescents, stars and
SDA symbols on the bodies of some prisoners, or pierced their ears,
saying they were making holes for earrings. They nailed the ear of R.
P. to a beam in the basement where the prisoners were kept. After
being tortured in this basement for six days, the Serbs weretaken to
Goraide camp, where they were held for eight months in unbearable
conditions. There were ten prisoners in one cell, with men and women
held together. They slept on the bare floor with no blankets. Their only
daily meal was a bowl of broth containing dirt, hairs and sometimes
even crushed glass.
Perpetrators: Samir Diebo and Mensur Djakovic, police inspectors
from Goraide.
Evidence: 440194-3,9 and 15.
7.2.5.7. On 12 May 1992,'Muslim soldiers took four Serb women from
Crkvine village (names known to the Committee) hostage in order to
capture their husbands. When the husbands came to get them, theMuslims released the women and took the men to the Muslim
headquarters in Mravinjci, where they beatthem and interrogatedthem.
The women were released.
On 10 August, two Muslim soldiers returned to Crkvine and maltreated
the women again. Unable to stand the maltreatmentand shame, Anda
~ekara committed suicide on 13 August 1992. The Muslims took the
other three remaining women to the villageof sasici.
Perpetrators: Muslim soldiers "Mido" and "Liko", sons of Omer Erak;
Mujo EStek from Lukarice village; Osman SubaSic and Dino
Diambenovic from Miljeno village near ~ajniee.
Evidence: 594194-13.
7.2.5.8. Serbs in Goraide were maltreated in many other ways.
7.2.5.8.1. A group of armed Muslims burst into the flat of Serb woman
S.A. and showered it with bullets. On the same occasion, they stood
two Serb women from a neighbouring flat before a fake firing squad.
Perpetrators: Azem ObarEanin, a.k.a. "Caza", from Goraide; Sejo
Kanlic, policeinspector; Edin Pita, worker at the "Pobjeda" enterprise;
and a person called "~eljo" or "Kako" whose real name is unknown.
Evidence: 440194-1 1(svedoeenje 0.M.ltestimony O.M., Annex No. C
61, pp. c619-~6221~623-c628), 440194-17(svedocenje G.H./testimony
G.H., Annex No. C 114 pp. cl 145-11471~1148-cl151)
7.2.5.8.2. Muslim soldiers searched the flat of the Serb woman V.H.
five times over a short period of time on the pretext that they were
looking for weapons and a radio transmitter. On one occasion, a
Muslim soldier hit her daughter witha rifle butt.
Perpetrator: "Kulel", a Muslim soldier from Goraide, real name
unknown.
Evidence: 440194-16 (svedoeenje V.H./testimony V.H., Annex No. C
113 pp. CI138-11401~1141-~1144).7.2.5.8.3. Muslims soldiers repeatedly searched the flat of Z.S. at 28
Marshal Tito Street, cursing her Serb or "Chetnik mother", threatening
to kill her and saying that there was no place for Serbs in Goraide.
Perpetrator: Muslim soldier "Bezgrob", real name unknown.
Evidence: 440194-25
7.2.5.8.4. In May 1992 Muslim soldiers evicted Serbs from their flats
and houses in Kolonija 1, and housed them under guard in two
buildings, where they were held for 12 days. When they were
released, some of them had nowhere to go because other people had
moved into their flats.
Evidence: 205195-3,
7.2.5.8.5. On 26 July 1992, uniformed Muslims evicted M.S. from her
flat and took her to a former canteen where about 75 Goraide Serbs
were being held. They were held there for three days, while guards
threatened to kill them ail. When she returned to her flat, it had been
burgled and vandalised.
Evidence: 4450/94-6.
7.2.5.8.6. In July 1992 armed Muslims evicted the witness U.N. from
his flat inGoraide and confined him in a room, the size of four by
four, in another building with seven other Serbs, most of them old
people. The were held there for 15 days with very little food and poor
sanitary conditions. When he returned home, he found that his flat had
been burgled.
Evidence: 440194-7
7.2.5.8.7. A Muslim family moved to the flat of Z.M. while she was in a
building opposite the police station in MoSa Pijade Street. She was
unable to return to her flat in the autumn of 1992. Whenever Serbs
went out to get water or food, Muslims called them criminals and
"Chetniks" and threatenedto killthem.
Perpetrators: Muslim soldiers.
Evidence: 462194.7.2.5.8.8. On 16 September 1992, members of the Bosnian Serb
Territorial Defence B.s., M.O., S.T. and Lj.D. were captured by Muslim
units commandedby Ahmet Sejdic at Merenisljenear Visegrad.
The Muslim soldiers beat the prisoners with rifle butts, fists and kicked
them with their boots on, tied them up and took them to Medjedje
village where they imprisonedthem under the stairs of a private house.
They held the prisoners there for two months and repeatedly beat
them, especially in the first 12 days, with truncheons, sticks,hands, rifle
butts and other objects.
The detainee Ljubinko Davidovicdied after a few days from the injuries.
Muslim soldiers took him upstairs, beathim and threw him down the
stairs to the other prisoners, wherehe died. The Muslim soldier Meho
Kasapovic beat theprisoners the most and encouragedothers to beat
them. Avdija Sabanovic,Mihad Dizdarevic, Dediat Dizdarevic and Salko
MutapEicalso took part in the beatings.
The prisoners' hands were tied almost al1 the time, and they were
continually threatened, particularly with knives. One Muslim soldier
slashed the chest of B.S. three times with a knife. The prisoners were
beaten and tortured so badly that they lost consciousness. They
begged their torturers to kill them and spare themfurther suffering.
B.s., M.O. and S.T. were transferred to the basement of the old post
office in Goraide, where they were beaten at night by unknown
perçons. They were starved, sometimes going four to ten days without
any food. The room was very cold since it had no heating, windows
were broken and it was winter.
The detainee Slobodan Tanaskovicdied on 6 January 1993 asa result
of physical torture, exhaustion andcold.
Afier about a month in this basement, B.S. and M.O. were transferred
to the former office of the Sarajevo insurance Company in Goraide,
where they were held in a coal basement.
B.S. was exchanged on 8 July 1993. A medical examination in Uiice
hospital establishedthat he had traces of fractures of four left ribs and
the breast bone. There were scars on his body and he was in poor
health. His lost weight, from 96to 48 kilos and his blood count was amere 1.2 million red blood cells. Even his closest relatives did not
recognise him.
Perpetrators: Ahmet Sejdic from Visegrad, commander of a local
Muslim unit;Meho Kasapovic, aged about 40, a former policeman born
near ViSegrad; Avdija ~abanovic from ViSegrad; Mithad Dizdarevic;
Dediat Dizdarevic; Salko MutapCic, a.k.a. "Salkan"; and KaraCic, first
name unknown, from ViSegrad, who had previously worked for the
insurance Company.
Evidence: 594/94-12 and Medicinski nalazfMedical findings - BG 7,
(Annex No. C 254, pp. c2200-c2202fc2203-c2205 and photo in the
Annex No C161, picture No 1, p. 36)
7.2.5.8.9. On 21 January 1993, a Muslim unit commanded by Ahmet
Sejdic captured 25 Serb soldiers, some of whom were wounded, on
Strmica Hill and in Dolova in Rudo municipality.
The Muslim soldiers disarmed Serb prisoners, tied their hands behind
their backs, tookpersonal belongings, insulting,threatening, maltreating
and wounding them.
Several Muslim soldiers kicked, punched and hit the detainee M.C. with
rifle butts, knocking out four of his fronteeth. They beat G.S. and
several other prisoners in the same way. The detainee R.T. was
knocked out by blows on the head with a rifle butt.
The Muslim soldiers beat M.Dj. and P.K. with rifle butts, fists and with
their boots on, and then trampled on them. One Muslim soldier hit the
detainee C.C. in the chest with a rifle butt and kicked him in the
stomach and kidneys.
The Muslim soldiers threw the wounded soldier Zoran Bogdanovic into
a vehicle and then threw another detainee on top of him. Bogdanovic
soon died.
Muslim commander Ahmet Sejdic made the Serb prisoners clear mines
from a tunnel under Donja Strmica Hill on the road from Rudo -Brodar-
Medjedje. Two mines exploded and two prisoners were wounded:
M.c.'s left heel was ripped off and his left eye was injured; B.A. was
also injured.
791While driving the prisoners in a van, Muslim soldiers forced the
detainee I.D. to sing Muslim songs with them and one of the soldiers
kept hitting him in the temple. A Muslim sergeant punched the
wounded and unconsciousdetainee R.T.
When the van stopped for a short rest the detainee I.D., whose jaw
was injured, refused to sing Muslim songs again, complaining that he
was thirsty. He was brought a mug of water, but the soldier who had
beaten him earlier hit the bottom of the mug hard, so that it injured
him in the middle of the nose and the right eye and loosened both
incisors.
The prisoners were held tied up in a room under the stairs in a house
in the village of Medjedje, which was so small that they had nowhere
to sit or lie down.t was very cold because it was winter and the room
was unheated and had only metal bars on the windows. They were
held there for five days and given only a very poor meal a day.
Muslim military policemen took the prisoners out for interrogation, when
they beat them and took away whatever they still had, especially boots.
Perpetrators: Ahmet Sejdic, commander of the Muslim unit from
ViSegrad; Topalovic, first name unknown, a Muslim soldier; Avdija
~abanovic from ViSegrad;and Mirsad Dervisevic, a Muslim soldier.
Evidence: 594194-1to 11 (svedotenje I.D.1testimonyI.D., Annex No. C
25 pp. c244-~2491~250-c254,svedoSenje V.T.l/testimony V.T.l, Annex
No. C 108 pp. cl 102-cl 1051~1106-c1109,svedotenje M.C./testimony
M.c., Annex No. C 112 pp. cl 130-11331~1134-cl137).
7.2.5.8.10. On 26 January 1993, the prisoners were transferred to the
building of the Sarajevo insurance Company in Goraide, where they
were held in a coal basement. For the first time since their capture
they were untied. The prisoners remained there until they were
exchanged in October 1994. They were again interrogated by military
policemen, who beat them and deliberately wounded them.
While interrogating M.C., who was on crutches, a military policeman
punched him repeatedly in the face and knocked out almost al1 his
frontteeth.
792The prisoners were starved to such an extent that when they were
taken out they picked dandelion and ate them, and nettles, which they
dried and ate. They slept on boards. The room was not heated even
during the winter and sanitary conditions were very bad (they relieved
themselves in a bucket in the room where they lived).
In April 1994, Muslim soldiers shot with automatic weapons through the
basement window and wounded Dj.C. In September 1994, a military
policeman whose surname was Hasovic shot through the window but
did not wound any of the prisoners.
Due to starvation, physical and mental torture and poor sanitary
conditions, the prisoners' health was undermined and they were
severely emaciated.
M.C. lost 41 kilos (examined on release in the Army Medical Academy
in Belgrade);
I.D. lost 30 kilos (examined on release in the Army Medical Academy
in Belgrade);
G.S. lost about 40 kilos (examined on release at Uiice hospital);
R.T. had only 38 kilos when he was released,and had about 70 kilos
when he was captured;
V.T. lost 29 kilos (examined on release in the Army Medical Academy
in Belgrade);
D~.c. lost 26 kilos (examined on release at Priboj Clinic);
J.T. lost 36 kilos (examined on release at Kragujevac Clinic);
M.Dj. lost 36 kilos (examined on release in the Army Medical Academy
in Belgrade);
P.K. lost 32 kilos (examined on release at Priboj Clinic);
T.S. lost 35 kilos (examined on release at Priboj Clinic); andC.C. lost about 40 kilos (examined on release at Priboj Clinic).
Perpetrators: Ramiz Micivod, deputy chief wardenin Goraide; Muslim
military policeman Hasovic, a.k.a. "Amidia", first name unknown from
~ajnite; Mirsad Basic from Goraide; ~au~evic sacir, head guard in
Goraide camp; Emin Imamovic, chief of military police in Goraide
camp; Himzo Selimovic, deputy chief warden andlater chief warden;
Mensudin Brodaric deputy chief warden; and ~ukret Mehmedspahic,
military police commander in Goraide.
Evidence: 594194-1 to 12 (svedotenje V.T.1Itestimony V.T.l, Annex
No. C 108, pp. cl 102-cl 1051~1106-cl109, svedotenje ~.c./testimony
M.c., Annex No. C 112 pp. cl 130-1133/c1134-cl137).
7.2.5.8.11. In April 1994, Muslims turned the house of the Nedimovic
family into a detention centre where they held 50 Serbs. Living
conditions were very poor and the only meal of the day was a bowl of
thin soup. The prisoners were maltreated and threatened. They were
called "Chetniks" and thehouse was called a zoo for Serbs.
Perpetrators. Azem Obartanin, Jasko Jusic and RamizKoso.
Evidence: 440194-11, 13, 17 and 42, 594194-14and 462194.
7.2.5.8.12. On 17 May 1994 Muslim police took R.S. and other Serbs
from Vitkovici tosasici village near Goraide, allowing them to take with
them only the barest essentials. They housed them in Serb houses and
kept them under constant guard in very difficult conditions.
Perpetrators:Muslim policemen.
Evidence: 205195-1
7.2.5.8.13. At about 11.30 p.m. one night in April 1994, a group of
seven Muslim soldiers came into the flat of M. in Goraide and told the
occupants to move out. They stamped and shouted insults. The
following morning other Muslim soldiers came to the flat, fired shots
and started a fire. When the occupants sought police protection, the
police imprisoned them, allegedly for their own protection.Perpetrators: Jasko Jusic from Hubijer, aide of the local Muslim
commander; Azem Obareanin, and Pozder, first name unknown, his
mother is Naila Pozder.
Evidence: 440194-11(svedoeenje 0.M.ltestimony O.M., Annex No. C
61, pp. c619-~6221~623-c628), and 440194-1 8.
7.2.5.8.14. On 21 April 1994, Muslim soldier Apko Hasanagic took the
witness 36/95 from his house and demanded that hegive a statement
to Goraide radio saying that Serbs in Goraide were well and no one
was harming them. When he refused, Hasanagic cursed him and
threatened to kilt him, and then fired four shots over his head.
Hasanagic then took the witness to the Nedimovichouse, which had
been turned into a camp for Serbs. He drove al1the Serbs oui of this
house towards the bridge over the Drina. Two Serbs who reached the
bridge, T.D. and V.V., where shot and wounded by Muslim soldiers.
The other Serbs refused to go further. The Muslims' intention had been
to force the Serb civilians to cross the bridge and shoot them and then
blame the Serb soldiers in the surrounding hills.
Perpetrators: Apko Hasanagic from Goraide.
Evidence: 36/95 (svedotenje N.H./testimony N.H., Annex No. C 116
pp. cl 160-11751~1176-cl189) and 440194- 17
7.2.5.9. On 18 March 1992, a Serb woman from Goraide lost her
right arm when "Muslim terrorists" threw a hand grenade at her house
in a mixed neighbourhood. (Letter to the U.N. Secretary-General from
the U.S. permanent representativeto the U.N. dated 22 October 1992.)
7.2.6.0. Sarajevo
7.2.6.1. Early in July 1992, the witness 675/94- 2 was taken to the
"Viktor Bubanj" former JNA barracks and interrogated by a public
prosecutor called Ignjac. During the interrogation, someone took notes
and the witness was told that everything he had said would be typed
up later. When his typed statement was brought for his signature two
days later, the witness insisted on reading it first. Seeing that the
statement was completely different from what he had actually said, he
refused to sign it. Guards, especially Fahrudin Tefdedaria, started
795beating him with truncheons. The detaineewas given a paper saying
that he would be detained in this camp for one month, starting 4
August 1992, although he had been arrested a month earlier. The
paper said he had three days to appeal against the decision. He
appealed, but the chief warden rejected his demand and said he had
no grounds for appeal. The witness was taken to trial on 13 January
1993. His counsel requested that the hearing bepostponed because
the witness was in poor health. He looked as if he had come out of
Auschwitz. On arrest, the witness had weighed 85 kilos, but by that
time he weighed only 42 kilos.The judge rejected the request. The
witness said that he was not a war criminal because he had not taken
part in the war and had been arrested in hospital. During the trial, the
judge shouted at him and ordered the police in the courtroom to beat
him. The witness was thrown out of the courtroom and later informed
that he had been sentenced to 15 years in camp. He remained in
camp until he was exchanged on 9 November 1994.
Evidence: 675194-2,
7.2.6.2. The witness had been in Sarajevo Central Prison since
February 1993, but was not registered by the International Red Cross
until August 1993. The warden persistently hid him whenever Red
Cross officiais visited the camp. When he finally was registered, he was
examined by a doctor who said he would recommend that he be
released because of poor health.
Due to continual beatings and maltreatment in this camp, Dragan Zelic,
a Serb from KljuE, committed suicide. The inmates were ofien visited
by chief warden Bajramovic, who tortured and beat them and fired
shots over their heads.
Foreign journalists were brought to the witness's cellveral times and
he was presented as a Chetnik leader who had distributed arms to the
Serbs and organised an uprising against the Muslim authorities. Once
the witness was taken out of the cell to be filmed by a German TV
crew. When he refused to be filmed, the guard Dautovic beat him.
During his stay in this camp, guards gouged out with a bayonet the
eye of an inmate, whose name the witness gave, and burned the
hands of another detainee withred hot wire.Perpetrators: Chief warden lsmet Bajramovic,a.k.a. "~elo", and guard
Dautovic, firstame unknown.
Evidence: 675194-3.
7.2.6.3. In April 1993, the witness 412194-15,who lived in Sarajevo
Dobrinja suburb, was arrested with her husbandand taken to the
basement of a building in Hrasnica suburb which had been turned into
a camp for Serbs. The other inmates were 10 mostly older women
from Sarajevo and about 50 men. The living conditions were appalling.
Female prisoners slept on the floor and were given two meals a day
consisting only of a slice of bread and macaroni boiled in water. There
was no water for washing, and prisoners were given very little water to
drink. Guards interrogated the women as many as tentimes every day,
demanding that they tell them with whom they had been in contact in
territoryoutside Muslim control. During her stay in this camp, the
witness heard that the detainee Maksim ~ojic from Hrasnica had been
killed. She identified the military policeman Mustafa Gegalj as one of
the perpetrators.
Evidence: 412194-1 5.
7.2.6.4. The witness was arrested by Muslim soldiers in Sarajevo in
May 1992, when he went out to buy something. The soldiers
established from his ID card that he was a Serb and took him to a
basement of the Aleksa ant ticelementary school, which had been
turned into a camp for Serbs. Muslim policemen often beat the
prisoners. A group of Muslim policemen beat the witness. One of them
held him upside down by the legs while another beat him with a
wooden chair. They beat him until the chair broke,and then used a leg
that had been broken off to beat him al1 over the body until he lost
consciousness. After that they beathim with a rubber truncheon.
After beating him they forced him and another detainee to felate on
each other.
During his stay in the camp, about 12 Serbs died of injuries inflicted on
them. Aleksa Stamput from Hrasnica in Sarajevo and Gojko Stepanovic,
who had worked for FAMOS, died in the witness's arms.Pero ~utalo and other Muslim policemen have been identified among
the perpetrators.
Evidence: 412194-3.
7.2.6.5. In May 1992, there was a campaign against Serbs in
Sarajevo, they were arrested and taken to the police station,and their
flats were broken into or searched and valuables were taken. A group
of four armed Muslims from the unit led by Juka Prazina barged into
the witness's flat and searched it. They were looking for weapons,
which the witness did not have. Several days later, two Muslim soldiers
searched the flat again. After that, the witness wasafraid to go out into
the streets. He was arrested by Prazina's police when he tried to leave
Sarajevo on 18 June and was taken to a building near VojniEko Polje.
He was interrogated on arriva1and then taken to another room, where
four policemen beat him al1 over the body with truncheons.His face
was covered with blood. The policemen cursed him and threatened to
kill him. That same day he was taken to the police stationin Svrakino
Selo. There he was ordered to wash his face and they interrogated
him again. During the interrogation, the policemen threatened to
execute the witness unless he confessed. Together with three other
prisoners, the witness spent the night in a room full of faeces. A
policemen came to the cell, punched him in the face and left. The next
day, al1 four prisoners were transferred to the Central Prison in
Sarajevo, where the witness wasinterrogated again. Three days later
the witness was taken to the "Viktor Bubanj" barracks and put in a cell
with 11 or 12 other Serbs. He was not beaten or interrogated there,
but the other inmates were. The witness learned that Slobodan Matic
from Sarajevo died in this camp of his injuries. The inmates slept on
the floor, and had one blanket between two of them. The food was
very poor. Twice a day they were given a slice of bread and a small
quantity of boiled macaroni or rice. Sometimes they were given two or
three spoonfuls of corn porridge. The witness lost 20 kilos in camp.
Perpetrators: Jusuf Prazina, a.k.a. "Juka", commander of a Muslim
unit, has been identified among the perpetrators of this crime.
Evidence: 412194-2,
7.2.6.6. In April 1992, members of the Muslim army and police
searched Serb flats in Sarajevo on the pretext that they were looking
798for weapons. After searching his flat S.B. was taken to the basement
of the "Hrasnica hotel", and after to "Aleksa ~anti~" primary school.
Memebers of the Muslim army and police used to seize valuables and
threatened to kill the Serb occupants. During fighting, Muslim soldiers
tied Serb civilians to flagpoles and used them as a human shield
against Serb shelling. Many Serbs were forced to dig trenches. Dragan
and Zlatko Todorovic were seriously injured while doing this. Serbs
were taken without reason to camps, including those in the
JUGOKOMERC offices in KoSevo, a heating station in AlipaSino Polje,
the railway station and the "Viktor Bubanj" barracks. Djuro JeliEic, a
former policeman, was taken to one of these facilities and has not
been seen or heard of since. The Haman Bar in the Ba3 CarSija was
turned into a brothel where Serb women were forced to act as
prostitutes. Another brothel was opened in the Monik boarding house,
in Omer Maslic Street.
The perpetrators of these crimes include: Jusuf Prazina, commander of
a Muslim military unit; Samir Kafediic, a.k.a. "KruSko", deputy
commander of a Muslim military unit; Jasmin Azganovic, aged 24; Suljo
Kapidiic, aged 40; "~elo", commander of the 9th Muslim Brigade;
MuSan Topalovic, a.k.a. "Caco", commander of the 10th Muslim
Brigade.
Evidence: 440194-1 9, 440194-23 and 440194-33, 162196-9 (svedoEenje
S.B.1testimonyS.B., pp. c74-~831~84-c91,Annex No. C 10).
7.2.6.7. Early in May 1992, the witness, a civilian employee of the
former JNA, was driving a clearly marked ambulancetowards the Army
Club in Sarajevo to pick up a wounded soldier in a vehicle with a
distinct red cross, when the vehicle wasmachine-gunned. A number of
soldiers were killed and wounded, and the witness himself was
captured. Muslim soldiers handcuffed hirn so tightly that his left arm
was numbed. They took hirn to the City Hall, ruthlessly beating hirn
with a rifle butt on the neck and back. Then they took hirn to the
Republican lnterior Ministry, where mernbers of "Vikic's special units"
beat his head against the wall, until he was covered with blood. They
searched hirn and took DM 2,400. From there they took hirn to the
headquarters of the Republican Territorial Defence Force, where
Vehbija Karic, a former JNA colonel, ordered guards to take his
handcuffs off and let hirn wash the blood off his face. They told hirn
that he would be filmed by TV, gave hirn a statement to read and told
799hirn he would be released afterwards. They threatened to kill hirn
unless he did what they told him. The statement said that JNA
members had first opened fire on Vikic's special units, that theJNA
was arming Chetniks, that snipers were shooting from the Army
Hospital on civilians in Marin Dvor, that JNAsoldiers were shooting at
the Muslim headquarters in the UNIS building, and that there were 20
snipers in the Army Hospital. That evening he refused to do as
ordered, and spent the rest of the night wet through and cold because
they had taken away his clothes and shoes. Although he kept repeating
that he was only an ambulance driver,had been living in Sarajevo for
40 years and had nothing to do with Chetniks, they threatened to
continue torturing hirn unless he read the statement on TV. At about
11.00 p.m. on 3 May, the policemen took hirn tothe third floor of the
Territorial Defence headquarters, where Vehbija Karicwas, and read
the statement out in front of the camera. After the filming, the guards
cursed the witness again. Two hours later they drove hirn away and
threw hirn out of a car near the Army Hospital.
Evidence: 686194-1.
7.2.6.8. In the "Viktor Bubanj"barracks a chemical substance was put
in inmates' food that gave them diarrhoea, and some died of
dehydration. The witness himself fainted because of this a number of
times. He was in a 2 x 3 m. room with 12 other people, without beds
or heating. Detainees slept on the concrete floor. The sanitary
conditions were awful. Detainees were unable to wash their faces for
15 or more days. On 27 January 1992, one of the most important Serb
holidays, St.Sava's Day, the chief ordered al1the Serb prisoners to go
into the yard and take off theirhirts. They stood there strippedto the
waist for abouthalf an hour in minus 20 degrees Centigrade. The chief
warden said this was healthy and they needed freshair.
Perpetrators: Kemo Dautovic, military police commander; Himzo Dolan,
former JNA corporal and chief warden of camp in "Viktor Bubanj"
barracks in Sarajevo.
Evidence: 67572-94.
7.2.6.9. On 21 July 1992 Muslim police arrested the witness and his
son and took them to the police station in Novo Sarajevo, where they
were interrogated by the son of Zdenko Skoko. They were charged
800 ;/lt:, :.:.;:; ;. " ,- ree
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o r f; ; s , : :..~, . .. ,.:, eet
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5?;ildina ,r:?rc; ai;o ~.:~;cs;~:-~ ;;. ' : - ., ..,.. ,
not
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,- . . the
Liuk,z FAraz;rt;::, ?F>;,.C..-~,,. y:?:: , , ,,,I
hat
he should ac w*th IR.^. tc :~i-icti kJr,37 r:. -'. -. .
for
execution. Ui?çpire !RI;. tr:t gL;arr::i: :ci: ..,, [:' . , at
2 px;ipaslr > :.,iz.;c-i(p *;:r.:?c, ;g*:,:-[; .-,-; : ; .: - , . for
Serbs. On arriva!. nrec ;,,i,~~lir:~ ç: if:<:. ; .::.' ns.
The ;nji?ness:-oliapssc r,n:: ?iz:jr~. i?::; .: ... the
next roorn \ r!e ,~:~:ry::,k ~v;is ??+:::- r, ?.-, .. .
to
wrlte a 5:3!p-)p'ii C!:'?rc! : :-cl '.' -' 1
of
Saraievo ?-p,e *di~tnprz,.c;z.: ,..,-t3~ ~v 7-L.- .
SO
one C: !fi.: ,;OII;P~T ,?,,:: .>: . - , ,.. ;on
were trier; c::'! :!; 2 ;zi:;9r;]e:,:: ,.."- 8- >le.
Guards took +,.ier?out XI(" ~2;:r ' .:r" % the
witness's ribs an3 i~flictli?,Cjc?l+i' 1,-:::::,-; ent
when Senac! Giavoa~iz. wh:~ i-eat th :---r - . . eat
Novica Draskovic tci cieaii- A -.i,;!?:.+. :, .::: Jes
were !m~riço~i~;(: I thi: 5 ::1cp .L-..
ien
interroqatlng the ;vit:1?5~ I , - - . to
suck his Denis.
Younger womt-n .xh.eie :akcr: oii; ;:;;:,-.,- -*/ I "cl.
saying that they haa oeei raotrn 3s UL :Y- .: - qirl.
aged 16 or 17. r)art~c~~ic;ro lvfte. it-#e NI: Y: 5, ::. aid
her Darents were also Krfir):~:;cr~er; .'IPIF ::-: . . ' .. hat
çhe had beey r;??e;+!:, ;-:?"?y -. -.
Evidence: 3391'94-1 5
7 2 6 10 The M~aaost iocûi councli hi,i!fl,nci Jas
turned into a camp for Serbs Or 5 \la; i l a
person w~th the surname of Manlar werm 31,r ing
tortured
Perpetrators: mernbers of the Muslim unit ca1l.F '~iik.r . .
wolves).
Evidence: 296!95-8
80 17.2.6.11. The witness, a former JNA officer, was captured in Sarajevo
on 3 May 1992, when Muslims attacked a JNA column withdrawing
from Sarajevo. He saw with his own eyes Muslims killing JNA soldiers,
including wounded men.
The Muslims took him to the offices of the Partizan sports club. All the
prisoners there were beaten. Some, whose names the witness did not
know, died of the injuries.
The witness was then taken to the top floor of the Bosnia-Herzegovina
Parliament, where he was interrogated and beaten. One of his
interrogators(name unknown) was a tall Muslim, who wore glasses and
often appeared on TV as Alija Izetbegovic's personal bodyguard. The
witness was forced to read a statement dictated by Muslim military
policemen in front of TV cameras.
The witness was transferred from the Parliament building tothe Central
Prison, where he was beaten with rifle butts and truncheons and kicked
with heavy boots. He obtained severe injuries. His nose and several
ribs were broken, and he lost a lot of blood. After release herequired
lengthy medical treatment.
Evidence: 293/95-16.
7.2.6.12. The Fourth Report of the US State Department,28 December
1992, states that an American surgeon fromCalifornia spent two weeks
in the Bosnia-Herzegovina and a part of that time was in Kosevo
Hospital in Sarajevo, where he performed an urology surgery. He
discovered that Muslim soldiers and mujaheddins (from Afghanistan and
Saudi Arabia) forcibly circumcised captured Bosnian Serb soldiers in a
primitive and non-medical manner. He treated an 18-year-old Bosnian
Serb, who had been circumcised so brutally that his penis had to be
amputated.
7.2.6.13. S.B., a former JNA officer, was captured in DobrovoljaCka
Street in Sarajevo and taken to the Central Prison. From 3 to 13 May
1992 he was beaten and interrogated for hours every day. His
interrogators demanded that he confess to war crimes that he had not
committed. They threatened to cut his throat, liquidatehis family and so
on. On a number of occasions they pulled out his tongue and put a
802knife to it. He lost consciousness frequently as a result of the physical
torture and starvation (he was given food once a day, but it was
inedible).
Perpetrators: Fikret Muslimovic, Fikret Becirpasic and other camp
security staff.
Evidence: 271195.
7.2.6.14. The witness M.G. was in held in a room with 30 other Serbs
in the Central Prison in Sarajevo during 1992. Throughout that time, al1
the prisoners were physically maltreated, kicked, punched and beaten
with rifle butts.
Perpetrators: Avdo Panjeta, chief warden, Zlatko Pejakovic, Kecman
(firstame unknown) and other camp guards.
Evidence: 129194.
7.2.6.15. During July and August 1992, a Croat woman whose
husband was Serb was held for 40 days in the "Viktor Bubanj" former
JNA barracks in Sarajevo. The Muslim guards regularly beat over 300
inmates, including 30 women. The witness saw a woman whose body
was covered with m,any injuries after one such beating. The witness
was herself beaten several times. Another woman, who was cut by
glass during a mortar attack, was lefi overnight to bleed to death. The
guards tormented her by saying: "lt's your people who are killing you,
not us." The witness was released at the end of August 1992 (IV
Report of the US Sitate Department on War Crimes, 28 December
1992, vol.lll, No.52).
7.2.6.16. The witness 246195-1made the following statement before an
investigativejudge:
"According to my estimate, there were at least 20 camps for Serbs in
Dobrinja. Most were in the basements of bigger buildings. Wherever
there was a supermarket, there was a camp in the basement. In
addition to the camps I have already described, there were camps in
the storeroom of the Borovo shoe shop, and another in the same
building as the Radin shop which sold goodsof the Belgrade CompanyProgres. Juka's police and the regular police had their own camps.
Other paramilitaryformations and the military police also had camps."
Evidence: 243195-1
7.2.6.17. About 3,700 Muslim soldiers commanded by Jusuf Prazina
took the Pofalici district on 15 May 1992 and arrested Serbs,
pariicularly in Orlovarika Street where most of the Serbs lived. They
looted and burned houses and killed 312 Serbs. They forced Serb
survivors to dig graves and bury the dead.
The witness was arrested and taken after interrogation to the Central
Prison, where he was interrogated again with Sava Jovanovic by chief
warden Bajramovic,a.k.a. "cela". He was transferred from this camp to
the Viktor Bubanj barracks, where Serbs were alsoconfined. He and
74 prisoners were al1 stripped, made to stand against the wall and
beaten with various hard objects. The witness was beaten until he fell
unconscious.
The following detainee diedof the beating:
1. Milorad Gligoric, a maths teacher fromIlidia.
The witness was locked in a small room 1.65 by 3.70 m. with 13 other
people.
Chief warden Ramiz Avdic, previously a warden in Fota camp, was
particularly brutal towards prisoners. When the witness complained
about conditions in the camp to visiting journalists, Avdic beat him and
broke several of his ribs.
The following prisoners also died as a result of torture, beatings and
starvation in this facility:
2. Trivo Guslov;
3. Novica Micevic;
4. Aleksandar Matic;
5. Stevo ~ilje~ovic;
6. Colonel Bracanovic, firstname unknown;
7. Dragan Zelic;The witness was exchanged on 5 October 1994.
Evidence: Statement by the witness number71100338cited in the book
"Stradanje Srba u Sarajevu"1Suffering of Serbs in Sarajevo, Beograd
1996.
7.2.6.18. The witness lived in Hrasnica and worked in the FAMOS
factory before the war. When war broke out, Muslim police placed him
under house arrest until July 1992, when they arrested him as he
attempted to cross to Serb territory.
He was taken to the camp in the Viktor Bubanj barracks the
commander of which was lsmet Bajramovic, a.k.a. "~elo".
Kemo Dautovic fronn Sarajevo, a guard called "Fudo", real name
unknown, and Custovic, a.k.a. "Spico", first name unknown, who beat
the witness so badly that he had to be taken to KoSevo hospital, were
particularly brutal tow.ardsthe prisoners.
The witness was besiten almost every day and forced to drink his own
urine which had blootj in it.
He had 112 kilos wlien he was arrested and only 56 kilos when he
was released on 2i! September 1993. He was paralysed for three
months as a result of injuries received in the camp.
The following Serb prisoners died as a result of torture and starvation:
1. Nedo Odiakovic from VeleSici;
2. DuSko Novakovic frorn VogoSca;
3. Manojlo Radojeic from Kifa village in Nevesinje municipality;
4. Slobodan Mikic from Sarajevo;
5. Novica sipovac from Sarajevo;
6. Novica Ponjarac flrom Sarajevo;
7. Milan MiSicfrom Sarajevo;
8. Jovo DraSkovicfrom Sarajevo; and
9. Boio zeraic from Sarajevo.
Evidence: 434195-14.
7.2.6.19. From May '1992 to November 1993, groups of seven to ten
members of the "Green Berets" with insignia of the army of the
so-called Republic of Bosnia-Herzegovina often came to the flat of the
805witness, a Serb woman who lived in Hrasno in Sarajevo, and raped
her and forced her to perform unnatural sexual acts. They were armed
and most often drunk. They threatened to kill her if she refused to
have sex with them. They uttered other threats, hit her and stubbed out
cigarettes on her legs. This usually happened about oncea week and
lasted about two hours, until al1 the soldiers had raped her. The
witness became pregnantand had an abortion.
Evidence: 69/94.
7.2.6.20. The witness, a Serb woman (identity known to the
Committee), was held for five days with other Serbs in August1992 in
an air raid shelter in Dobrinja III. She was beaten, cursed and
degraded, and three Muslim soldiers raped her. She became pregnant
and gave birth at the University Maternity Hospital in Belgrade in May
1993.
Perpetrators: A Muslim soldiers called "Dino", real name unknown;
Mirza, surname unknown; and a third whose name is unknown.
Evidence: 24193-9
7.2.6.21. In October 1992, a Serb woman (identity known to the
Committee) was arrested in her flat and taken to the basement of a
building in Tetovska Street which had been turned into a camp for
Serbs. She was interrogated and raped. She became pregnant and had
an abortion in Belgrade in March 1993 in the 22nd week of her
pregnancy.
Perpetrators: most probably members of the special unit commanded
by Juka Prazina.
Evidence: 24193-8.
7.2.6.22. During the summer of 1993, a Serb woman (identity known to
the Committee) was repeatedly raped by Muslim soldiers who stubbed
out cigarettes on her body. She became pregnant.
Evidence: 24193-16.7.2.6.23. The witness 339194-8, a Serb from Sara.jevo, worked as a
locksmith for the Bosna lijek firm until April 1992, when he was fired
and warned that he would be killed if he returned to his workplace. He
was then arrested on the pretext that he possessed a weapon, but was
allowed to go home after interrogation. He was later repeatedly
arrested, beaten and asked to join the "Green Berets", which he
refused. On one such occasion, his spine was injured in the beating.
Members of Muslim nnilitaryformations searched his flat about 15 times
and took whatever they wanted. When he recovered from his spinal
injury, the Muslims took him and other Serbs to the front lines every
day for three months and used them as a human shield. They were
held at gun-point so that the Serbsfacing them stopped shooting.
The witness was phy:;ically and mentally tortured until December 1993,
when he escaped to Serb territory.
Perpetrators: Nihad I-lalac, KoSevo Hill commander, and other Muslim
soldiers.
Evidence: 339194-8 (svedotenje S.J.1ltestimony S.J.1, Annex No. C
44,pp. ~446-~4501~45'1-~454).
7.2.6.24. During 1993 Muslim soldiers twice came to the flat of the
witness, a Serb wowian (name known to the Committee), who lived
alone in AlipaSino Polje, and raped her. She became pregnant and had
an abortion in Belgrade in the 18th week of her pregnancy.
Evidence: 24193-15.
7.2.6.25. December 1993, the witness, an 18-year- old female Serb
secondary school pupul(name known ro the Committee), was stopped
as she left the building where she lived on Pera KosoriêSquare by
three Muslim soldiers, two of them in army uniforms, and dragged her
into the entrance of a nearby building. She kicked and screamed, but
they dragged her into an empty flat, where they threatened her with a
pistol and ripped her clothes off. One of them raped her and then said:
"This is what you get when your father is a Chetnik."
Three days later the same three took the witness to the same flat and
raped her again. She lbecamepregnant. After escaping to Serb territory
at the end of July 1994, she sought help at Belgrade University
807Maternity Hospital,where doctors establishedthat she was in the eighth
month of her pregnancy.
Evidence: 326194.
7.2.6.26. At about 9.00 p.m. on 13 September 1992, three Muslim
"Green Berets" from a unit commanded by Jusuf Prazina barged into
the flat of witness 296195-7,knowing that she was a Serb, and raped
her. They cursed her and said they wanted to make her Muslim
children.
Evidence: 296195-7.
7.2.6.27. When the Muslim SDA party came to power, provocation
against Serbs in Sarajevo became more frequent and arrests began
after the outbreak of war. The Muslims mounted a propaganda
campaign to frighten the Serbs, on account of which many Serb
families fled from Sarajevo.
Many Serbs were arrested and taken to the KoSevo stadium, where
they were tortured and some were killed. Witness412194-19says that
Serb bodies floated down the Miljacka river.He was asked to join the
Muslim army on many occasions, but refused.
On 24 June 1992, three men, two in camouflage uniforms and one in
civilian clothing, asked the witness to come with them to the Viktor
Bubanj barracks for questioning. As they drove him, he saw that they
were not going to the barracks. Instead,they took him over the bridge
on the Miljacka river to a high-rise bloc of buildings near the nursery
school in Otok suburb.
They took him to a room, searched him and took everything he had in
his pockets. They opened the door and, kicking and hitting him with a
rifle butt in the back, they pushed him down some steps into a
basement.
One candle was burning in the premise which had no windows. There
was a drainage hole in the concrete floor. The witness found there his
colleagues from the firm C. and S., a 16- year-old boy and an older
man from Nevesinje.All the prisoners were lined up against the wall and beaten with
baseball bats. They fell from the blows but were beaten again and
forced to stand up.
The torture and beatings lasted day and night with only short pauses.
Groups of Muslims took turns to beat the prisoners, ridiculing and
insultingthem.
Sewage water floodedthe basement and a guard forced the witness
and C. to crawl in the water, shootinga pistol between them. M. was
beaten and almost paralysed. Their clothing soaked in sewage dried on
them.
They were taken to a Privredna banka branch and locked in a room
marked "detention". Men and women were held there, al1 of them
Serbs. One man was imprisoned because he played the gusle, a
traditional Serb instrurnent.The prisoners were terrorised. Guards put a
knife to the witness's throat, rested a barre1 against his throat, put
knives in his ears ancl threatened to cut them off.
The witness was released on 28 June 1992 on condition that he
reported every day.
Perpetrators: ReSad Karajica and his son Seid Karajica, aged about
30; Kenan LauEevic, military police commander, "zutin, real name
unknown, aged about 35, a taxi driver from Sarajevo, an unidentified
Muslim Gypsy aged about 20.
Evidence: 41 2194-9.
7.2.6.28. The witness, a Serb woman (name known to the Committee)
was stopped in April '1992by a Muslim three-man patrol in Pofalici as
she was returning home. The soldiers, who had lily insignias on their
uniforms, asked her to produce her I.D., said she was the daughter of
a Chetnik and took her to a house in Pofalici. She was locked in a
shed with a 13-year-old girl and she could hear voices of other Serb
girls in the next shed. She was repeatedly raped by eight Muslim
soldiers for a whole rrlonth. On one occasion she was hit on one eye
with a riflbuît so hariil that her visionin that eye is reduced by 90%.The 13-year-old girl with her in the shed was also raped. When she
pleaded with the soldiers to leave the girl alone, they told her they that
are al1a mean nation and that Serbs had to be destroyed.
The witness became pregnant and sought an abortion at KoSevo
hospital, but Muslim doctor Abdulah NegaSi told her this would be
possible only if she gave a statement to the press that shehad been
raped by Serbs, which she refused.
The witness escaped from Sarajevoin November 1992 and gave birth
prematurely in Belgrade in thesame month.
Perpetrators: Ismet Bajramovic,a.k.a. "~elo", and Muslim soldiers with
the nicknames "Alibaba", "Diemo", "Ari" and others.
Evidence: 382194.
7.2.6.29. R.Dj., a 70-year-old Serb woman who retired 10 years earlier,
lived alone in her flat in Sarajevo. At about 3.00 am one night in May
1992, a group of armed "Green Berets" came to her flat and started
beating her and pulling her by the hair. They asked her ~vhere her
grandson was, although he did not livewith her. They tied her up, took
her outside in her night-gown and pushed her into a truck with other
arrested Serbs. She was taken to a camp for Serb women in Slobodan
Vukovic elementary school on Blagoje Parovic Street. Some of the
prisoners were even older than she was. Younger prisoners were taken
away and they did not see thern any more.
The witness was held there until she was exchanged in June 1992.
Evidence: 283194-1.
7.2.6.30. The female witness E.R. was captured by the "Green Beret"
forces in her flat in Dobrnja on 27 May 1992 and was shut in a
cargo elevator, in the building where the café "Baltazar" was. Then
they took her to a building in district Dobrinja, where the shop Borovo
was, tied her to a chair and blindfolded her. They interrogated and
beat her, and when they finally untied her from the chair, still
blindfolded, several men raped her and then urinated over her body.After this she was transferred to camps for Serbs in Sarajevo, where
she was harassed just like the other Serb inmates.
Evidence: 594194-21'(svedocenje R.E./testimony R.E., Annex No. C
32, pp. ~332-~3391~:340-~346)
7.2.6.31. The witness worked as a watchman at the Vetprom
warehoi~se at 43 Blagoje Parovic Street until the start of July 1992,
when "Green Berets" arrested and imprisoned him, although he was 58
years old and had never been politically active. They beat him and
knocked out a tooth when they arrested him. He was imprisoned for a
month and a half.
On being exchangecl, the Muslim authorities issued a false certificate
saying that he had heen arrested that same day by military police and
released immediately because there was no reason to detain him.
Evidence: 429194.
7.2.6.32. G.M., a former JNA conscript serving his military service in
Sarajevo, was capturled,disarmed and imprisoned with other soldiers in
the Central Prison, which was run by Muslims dressed in green
uniforms with blue iinsignia. For 15 days during May 1992 al1 the
prisoners were beaten around the clock every day. They often heard
screams. Paratroopers were particularly badly beaten. Muslim civilians
came to this camp iind, together with the guards, beat theprisoners,
who were handcuffed to radiators, with truncheonsand rifles.
The witness often saw bodies being taken from the camp, thrown in a
lorry and driven off.
Four of his ribs were broken and vision in his left eye was reduced by
35%.
Perpetrators: Avdo I3anjeta, guard commander in the Central Prison,
Josip Pejakovic, commander of the 5th floor guards, Jusuf Kecman and
other guards.
Evidence: 129194.7.2.6.33. Z., a Serb JNA conscript sewing his military service in
Sarajevo, was captured on Mt. BjelaSnicaat the end of May 1992 and
taken with his comrades to MraziStehotel on Mt. Igman, where he was
imprisoned in the basement which had previously been a discotheque.
The prisoners were continually beaten in this camp and Z. got
concussion and his right cheekbone was broken. His body was bruised
and scarred from the beatings.
Perpetrators: members of the Muslim unit commanded by Juka Prazina.
Evidence: 22114-94-6.
7.2.6.34. Muslim soldiers captured 18 Serb soldiers, including M.M., on
Mt. Bjelasnica on 1 June 1992.They made the soldiers get into a lorry
after running the gauntlet through two lines of Muslim soldiers, who
beat them mercilessly. The witness lost consciousness and fell several
times from the blows. It was also difficult for them to climb into the
lorrybecause their hands were tied behind their backs,and they were
beaten after every unsuccessful attempt. Several Muslim soldiers
climbed into the lorry together with the prisoners and one of them
straddled the witness. When the lorry set off, a Muslim soldier fired a
burst from an automatic rifle into the prisoners wounding many of them.
D.G. was hit in the neck, a soldier K., aged about 30, lost an eye, RZ.
was hit in the arm and M.G. in the leg. The same guard then stabbed
prisoners' legs with a sharp metal object which penetrated to the bone.
He continued to do this until they reached the camp. Most of the
prisoners lost consciousness as the result of this torture.
Evidence: 22114-94-5.
7.2.6.35. Witness 283194-9was imprisoned in the Viktor Bubanj former
JNA barracks in Sarajevo from the startof July to the end of August
1992. There was a camp for Serbs in the barracks and he was held
with about 10 other prisoners in cell number eight on the ground floor.
All the prisoners were beaten and one retired JNA officer who was
born in Valjevo died after a few days because of torture and illness.
The cell was 4 by 1.6 m. and there were from 11 to 13 prisoners in it.
Living conditions were unbearable.
Evidence: 283194-9.7.2.6.36. During August 1992, Serb policemen brutally mutilated by
Muslim soldiers and foreign mujaheddins, who cut their genitals in
imitation of circumcision rites, were treated in Sarajevovo hospital.
This crime, committed by Muslim soldiers and foreign mujaheddins, is
mentioned in a report by Dr.Kenneth Mc Namara from Fairmont, USA,
who saw 29 such cases of mutilation while staying in Sarajevo as a
member of an Irish rnedicalteam. This report was sent to the US State
Department.
Evidence: Report of IDr.Kenneth Mc Namara.
7.2.6.37. Dr. Milutin Najdanovic, a respected surgeon from Sarajevo
and a professor of the School of Medicine, within the Sarajevo
University, who was also a member of the Republic and Federal
Parliament, was exposed to various forms of pressure and threats just
because he was a Serb.
He was captured for the first time by the Muslim police in front of the
Surgery Department, where he was employed, and was taken to the
police department for interrogation.
He was captured fcir the second time in his flat in May 1992 by
members of the "Green Beret" units and taken to the sports centre
"Zetra" where he was detained a couple of days and was threatened
to be killed.
He was captured fo~rthe third time in his flat in July 1992 by the
members of the Muslim Army, led by Jusuf Prazina, and taken to the
nursery "lskrice" in MoSa Pijade St. where he was beaten and
harassed.
He was captured for the fourth time on 13 August 1992 by the
members of the Muslim Army who took him in an unknown direction,
and a day or two later his body was found in front of the sports
centre "Zetra".
His wife was given a report which stated that he died of a shot
injury.
Evidence: 846195,8013195-58 , 03195-1, 281196-1, 294194-96, 392196.
8137.2.6.38. Association of the top-level Muslim-Croat authorities in
Sarajevo with the crimes committed against the Serbs
7.2.6.38.0. The Muslim-Croat authorities knew well about the crimes
committed against the Serbs in Sarajevo, which were in most cases
organised by them and their army. They left the Serbs without any
protection, so that armed groups and formations could kill and harass
the Serb civilians and those imprisoned bearing no consequences.
Even the highest-ranking Bosnia and Herzegovina officiais were
involved in the crimes committed against the Serbs in Sarajevo.
7.2.6.38.1. All decisions by the Muslim leaders were made during
meetings of the SDA party leaders: Alija Izetbegovic, Ejup Ganic,
Haris Silajdiic, Rusmir Hadiicehajic, Omer Behmen and partly by
lrfan Ajanovic. Of al1 the Croat leaders, the most extreme Stjepan
Kljujic, had theclosest relations with al1these Muslim leaders.
Evidence: 174197-1 (Annex No 300 to the Part I of the Counter-
Memorial)
7.2.6.38.2. In June 1992 Alija lzetbegovic announced that the "Fifth
column" is infiltrating Sarajevo and issued an order that it be
suppressed and destroyed. This initiated the greatest persecution of
the Serbs in Sarajevo.
They were detained, harassed, tortured and killed under the pretext of
suppressing the "Fifth column".
Evidence: 649196
7.2.6.38.3. The Serb prisoners, brought from the camps, were forced
to dig the tunnel under the airport Butmir, which connected the
settlements Dobrinja and Hrasnica. They had to work day and night
with no rest at ail.
These works were supervised and led by Bakir Izetbegovic, the son
of Alija Izetbegovic.During these works some of the Serbs collapsed because they were
exhausted, hungry and had no sleep. Bakir lzetbegovic ordered that
they be shot because, in his opinion, they were saboteurs. Their
bodies were buried ait the foot of Mt. Igman.
Evidence: 649196
7.2.6.38.4. Jusuf Prazina, a criminal before the war, was given to
command a military unit. It was his unit that intercepted, in
DobrovoljaCka St., the JNA column which was withdrawing from
Sarajevo during which they killed several members of the JNA -
although they were !given a guarantee of free pass by the Muslim-
Croat leaders in Sarajevo. After this massacre Prazina continued with
the organised killing and harassment of the Serbs in Sarajevo.
Prazina's office was in the Presidency building and everybody there
addressed him as "general". During the meetings of high officials,
seen on TV, he was usually sitting in the front row.
Late in 1992 or early in 1993, during a press conference of the
Muslim Army representatives, the reporter Demirovic asked why
Prazina, who is actually the commander in the city, was not sitting
amongst the members of the conference presidency. Prazina, who
was sitting among the members of the press, stood up and in front of
the cameras showed a document saying it was the decision by which
President Alija lzetbegovic appointed him a general and commander
of the city Sarajevo.
Evidence: 162196-5 (Annex No 247 of the Part I of the Counter-
Memorial) and 281196-1
7.2.6.38.5. Once, in mid 1992, in the camp located on ZAVNOBIH
square no.27, a Serb who was a friend of Jusuf Prazina and was
given his protection, was killed. When Prazina was told about this he
flew to rage shouting that he did not give orders for him to be killed,
and that Alija Izetbegovic and his assistants issue orders for the
killings.
Evidence: 660195-17.2.6.38.6. In summer 1992 Alija lzetbegovic and Biserko Turkovic
(later he was the diplornatic representative of Bosnia and Herzegovina
in Zagreb) paid a visit to the military units on the Mt. Trebevic. Many
Serbs - civilians, were killed in this locality, and thrown into the pits.
The unit cornmanded by MuSan Topalovic, a.k.a. "Caco", committed
most of these crimes.
During this visit lzetbegovic praised MuSan Topalovic in front of the
TV cameras, while Mrs. Turkovic was even more elaborate in the
praising.
According to a testimony, Topalovic strictly obeyed orders of Alija
lzetbegovic and did nothing without his approval ("they had a red
telephone link"). Therefore, the crimes against the Serbs - civilians,
committed by Topalovic's units, were cornmitted with the approvalof
Alija Izetbegovic.
The mass killing of Serbs, committed by Topalovic's units, were
widelÿ known. That is why the Muslim authorities organised trials for
some members of Topalovic's military unit, in order to create an
illusion that they had nothing to do with the crimes committed. this
aspect will be more dealt with in more detail subsequently.
Evidence: 281196-1 , 334196-5and 198197
7.2.6.38.7. According to a testimony, lzetbegovic ordered Jusuf
PuSina, his Minister of Interior, not to investigate the crimes against
Serbs and not to arrest their perpetrators.
Evidence: 162196-4.
7.2.6.38.8. In late 1994 there was a trial against the lawyer Fahrija
Karkin in Sarajevo. He was accused of bribe, smuggling, and of sorne
other crimes. During the trial he handed the court a document signed
by Alija lzetbegovic in which he wanted him - Karkin, to find out how
many Serbs have to be arrested to get Haris Jasenkovic, a close
relative of Alija Izetbegovic's wife, who was captured by the Serbs
and was in camp in FoEa, back by exchange. This exchange did take
place. During the trial Karkin proposed Alija lzetbegovic to be
summoned to testify, but the court dismissed his proposal.
Evidence: 649196
8167.2.6.38.9. The numerous camps for Serbs, which were located in
Sarajevo and elsewhere and run by the Muslims and Croats, served
for the torturing,arassment, starving and killing of the Serb civilians.
They were founded by the Muslim-Croat authorities and armed forces,
who were aware of the crimes committed in these camps. Some of
them were visited by Alija Izetbegovic and he knew about the
conditions in them. Three or four times he landed on the heliport,
which the Serb prisciners were forced to construct, next to the camp
Silos, in TarCin, which was under the direct control of the logth
Mountain Brigade within the Bosnia and Herzegovina Army. Twenty
three Serbs were killed, starved to death, or died after the injuries
inflicted in this camp. Some were killedduring forced labor.
Evidence: 109196, 385196-3,385196-2and 407196.
7.2.6.39. Trials in Sarajevo for crimes c
ommitted againstSerbs
7.2.6.39.0 Crimes against the Serbs in Sarajevo were common. They
were committed by the Muslim soldiers, police, armed groups and
individuals. The killirigs of the unprotected Serbs - civilians, were
obvious. Trials were organised in order to present the murders as
offences of individuals which were not supported and approved by the
Muslim-Croat authorities. However, these were trials only in form,
organised with no intention to punish the perpetrators of the genocide
crimes against the Serbs.
7.2.6.39.1. On 8 July 1992, while they were having lunch, six
members of the farriily Ristovic were killed in their house in the
settlement VeleSici. In 1994 there was a trial in the Court of Second
Instance in Sarajevo, where 5 Muslims were accused for this murder.
Two of them (Admir Adilovic and lsmet Cutuk) were released of
charges, one of them (Mirsad Hodiic) was sent for psychiatric
treatment, and the procedure was split for two others that were
accused (Osman Hod.iic and Meha IbiSevic) because it was said they
were on the run.
Evidence: 594196-41 (svedoeenje D.R.2ltestimony D.R.2, Annex No. C
93, pp. c933-~937/~9CI8-~942a )nd Medicinski nalaz1Medicalfindings -
817TS 5 (Annex No. C 153, pp. cl51 1-~15131~1514-1517and photos in
Annex No C161, pictures No 1-3, p. 37)
7.2.6.39.2. In the localities BistriEki potok and Kazani, on the foot of
the Mt. Trebevic, many Serbs - civilians, were killed and their bodies
thrown in the deep pits. Some of the bodies were covered with old
tires and burnt. These crimes were mainly committed by a Bosnian
Army unit (10'~ Mountain Brigade within the 1'' Army Body)
commanded by MuSan Topalovic, a.k.a. "Caco". The "elite company"
within this unitommiited most of these crimes.
Charges were brought against 14 members of this unit, and a trial
was arranged in the DistrictMilitary Court in Sarajevo (verdict brought
on 23 December 1994). Although more than 2000 Serb civilians were
killed in this region, the forensic experts pulled out the remains of
only 29 massacred victims, out of which only 8 were identified.
This lawsuit was not classified as a proceeding for genocide, nor a
proceeding for war crimes, but just a lawsuit for vicious and perfidious
crimes. Moreover, the court declared that these were not even vicious
and perfidious crimes - though the forensic experts found that the
bodies of the victims were massacred. This was the verdict of the
court:
Zijo (Jusufa) Kubat, Refik (Mehmed) ~olak, Esad (BeSlija) Tucakovic
and Melvudin (Salko) Selak were sentenced to 6 years of
imcampment (the shortest sentence for murder); Omer (Meho)
Tendio and Asif (Began) AlibaSic were sentenced to 4 years and
four months of camp for being accomplices and for not having
reported the crimes and their perpetrators; Senad (Rediep) Hasic,
Samir (Mustafa) Seferovic, Sabahudin (Remzija) ~iga, Samir
(Muhamed) Ljubovic, Esad (Nusret) Raonic and Senad (Fadil)
HaraCic were sentenced to 10 months of camp for not reporting the
crimes. Armin (Sead) Hodiic- was sentenced to 5 years and 8
months as an accomplice and for not having reported the crimes,
and Sead (Hamdija) Kadic - to 4 years as an accomplice. Samir
Seferovic and Sabahudin ~iga were pronounced innocent of crime.
While the relatives of some of the murdered Serbs, who were in the
courtroom at the time of the verdict, expressed their discontent, the
accused Samir Seferovic, contrary to any court rules, approached the
818chairman of the cclurt council, Muhamed Podrug, and shook hands
with him and all the other members of the council as a sign of
gratitude.
The symbolic senterices, and the inadequate legal classification of the
committed crimes, prove the real purpose of these trials: to create an
illusion of a trial anld of a state with a legislation system, in order to
conceal the responsibility of the state for the crimes committed on its
behalf.
These conclusions are supported by the facts that even these short
sentences were not served completely. Only a year after the trial, al1
those found guilty vvere released. Alija lzetbegovic publicly pardoned
them for the New Y~ear,1996.
Evidence: 281196-9,344196-3and 649196.
7. 2. 7. 0. D u v n O (Tomislavgrad)
7.2.7.1. Once in mid-April 1992, the witness was travelling on a bus
through Duvno, when Croat police stopped thebus, asked whether
there were any Serbs in it- and they took him to the Duvno police
station. On arrival, four black-shirt policemenbeat him with truncheons,
and connected wire:; to his fingers, toes and ears and turned on
current. He lost consciousness and his nose started bleeding from this
torture. He was taken to a cell where two policemen held him at gun-
point and argued who would fire first, and then punched and kicked
him. They threw him against a wall and he lost consciousness. He was
given nothing to eat for four days and only salted water to drink. They
then drove him to a shed 20 km from Duvno, in which there was a
body of a man. They told him thatthe same would happen to him. He
was beaten for three days and nights, and forced to perform
homosexual acts with other prisoners.
Perpetrators: Chief warden and guards of the camp in Tomislavgrad
(Duvno).
Evidence: 339194-10.7.2.7.2. K. was imprisoned in Duvno (Tomislavgrad) earlyin April 1992,
with a group of other Serbs. They were al1held in the boiler rooms of
a building used by black-shirt HOS members.
On one occasion, the HOS members brought a wineglass full of salt
and a litter of ZveEevo brandy. One of them cut the witness's hair with
a knife, put the hair in the salt and ordered hirn to eat the salt with the
hair and then drink the whole bottle of brandy. He kept waving the
knife and poking the witness's right ear. He also poked the nose. The
witness was then taken to the yard and ordered to kneel down and
graze grass.
Perpetrator: HOS member Davor Glasnovic.
Evidence: 205194-20.
7.2.7.3. Serbs imprisoned in a camp in the Duvno secondary school
were taken to a private camp in Sujica near Duvno. Detainees were
usually transferred to~ujica in groups of five, as on the night of 24-25
May 1992, when M.V. was transferred.
In ~ujica, the prisoners were first locked in a dark basement with
sheep. Then they were taken to a first floor room whereabout 10 men
in HOS uniforms with red berets sat around a table. They were holding
pick-ax handles and one of them had a baseball bat. They told the
detainee to sit and began hitting hirn as soon as he sat down. The
witness does not knvw how long they beat him, but remembers only
that he fell off the chair, and regained consciousness withhis hands
tied in another room. He felt terrible pains. Guards poured water on
hirn to bring hirn round, andhen gave hirn electric shocks.
M.V. spent 20 days in the camp in Duvno secondary school,from the
end of May to June 1992. During al1that time the Serb prisoners were
fed only three times, when each was given a 100 gr. can of meat
paste. Once they went eight days withoutany food. The witness saw
that SlaviSa MaliSic's ears were cut off and his teeth knocked out in
this camp.
Perpetrators: Ivan KriSto, Drago Peric, a.k.a. "Vrica" and other HOS
members.
Evidence: 205194-1 3.7.2.7.4. When he was taken to the camp in RaSCaninear Duvno, P.S.,
a 66-year-old pensioner, found about 200 other imprisoned Serbs there.
They were mainly old people who could do no hard work. Croat
soldiers took away some prisoners who never came back. It was
rumoured that they Iiad killed them.
During his stay in this camp from the end of April 1992 to the end of
June 1993, the witness was interrogated only once and that lasted an
hour.
Perpetrator: policechief Landeka, first name unknown.
Evidence: 205194-1 9
7.2.7.5. On the night of 718 April 1992, HVO members arrested
orthodox priest B.Z. in the parish residence at 36 Bori5a KovaCevic
Street in Duvno. They first searched his flat without a warrant and took
two TV sets, a VCR, a radio and acamera. They then took the priest
to the St. Nicholas church, ordered him to open the door and then
shoot at the alter and icons with machine guns and threw church ritual
objects and religious books on the fioor.
Perpetrators: HVO rnembers Ivan KriSto, a.k.a. "Dugonjce", Babic, first
name unknown, DragioLetvica, AntiSaZlatonic and Zoran Marinovic.
Evidence: 105-94-7
7.2.8.1. Serbs who had been released from camp in Livno had to
report every morning for a so-called "work squad" and perform physical
labor. Those who fciiled to report risked being sent back to camp.
When there was no work, they were ordered to hit each other with fists
or sticks given tothein by Croat soldiers.
Perpetrators: Mirko ~alovic, Livno mayor, and Zdenko Andabak,
military policeommainder.Evidence: 378194-13, 493194-39 (Annex No. C 250 svedoCenje
D.L./testimony D.L., pp. c2165-21701~2171-c2176) 378194-1 5.
7.2.8.2. In addition to the above mentioned cases of mass murder,
criminal treatment of imprisoned Serbs and the creation of unbearable
physical and mental conditions in camps and camps for Serbs with the
aim of exterminating the Serb people, we shall single out some
individual cases.
In September 1992, lzet Klinac,.k.a. Ibro, was an inspector in Livno
police station. While interrogating Serb civilians V.R., P.B. and D.L.,
who had been imprisoned solely because they were Serbs, he beat
them with a truncheon al1 over their bodies and inflicted numerous
injuries.
Evidence: 200/94.
7.2.8.3. In 1992, Osman, surname unknown, from Golinjevo, was an
interrogator in themilitary camp in Livno. He beat and tortured many
prisoners, including V.B, D., who had been imprisoned. He beatthem
with a variety ofobjects and inflicted them numerous light and serious
injuries.
Evidence: 200194.
7.2.8.4.During 1992, Huso Jandric and his four sons, one of whom
was called Omar, destroyed about 100 Serb houses and other buildings
in their native village of Veliki Guber near Livno. Asl as threatening
and harassing the Serbs, they took away valuable property and burnt
or planted plastic explosives in Serbhouses including those owned by
Sava Arnaut, Mica Radeta, Cvetko Radeta, Vesela Radeta, Predrag
Radeta, DuSan Radeta, Nika Duvnjak, Milorad Arnaut, Ivo Laganin,
Djuro Petkrovic, Milan ~evadiija and Vojin KovaSevic.They previously
looted the houses and sold what the loot.
Evidence: 340194-4.
7.2.8.5. In 1992, "Kobra", real name unknown, was in charge of the 5th
section of a camp set up in the Ivan Goran KovaCic school in Livno.
He beat and tortured many Serb prisoners with the intent to liquidating
them. He connected prisoners to a power source, carved five-pointed
stars on their bodies, took their blood by force and cut off parts of their
822bodies. With the aplproval of the chief warden Muhamed lbrahimovic
and other inspectors, he killed an unknown number of Serbs.
Evidence: 205194-4and 398194-4
7.2.8.6. In 1992 Sead Velagic from Livno, Tomislav Garic and other
interrogators in the Ivan Goran Kovaëic camp in Livno maltreated and
tortured Serb prisoners. The tortures included forcing them to stand on
one leg for long periods in the Sun and threatening to kill them if they
fell down.
Evidence: 205194-4and 339194-5.
7.2.8.7. During 1992, Dragan Peizer andMilijan Brkic from Grude, Jozo
Stanic from Tomislavgrad, lvica Brale from the village of Ploce near
Livno, Ante ~arko frorn Split, lvica cubela from Livno, Jozo Bolotin from
Graboren near Livno and "Luta", real name unknown, from SuhaEe
near Livno were al1 interrogators in the lvan Goran KovaCic camp for
Serb civilians in Livno. They beat, tortured and degraded prisoners
every day, and inflicted serious bodily injuries.
Evidence: 19411 -94-01
7.2.8.8. In1992, Ismet Kajinac from Livno, Jozo Peric, a.k.a. "Debeli",
Mica Marelja, Marko Damnjanovic and lvan Rinac from Tomislavgrad,
Stanko VrgaC, Branko Antunovic, Stipe Barun from sumice and llija
Kroz from Glamoi: were interrogators in the camp set up in Livno
police station. They beat and tortured Serb civilians who were
imprisoned in the police station garage and inflicted serious bodily
injuries.
Evidence: 19411 -94-01
7.2.8.9. On 12 May 1992, Croat-Muslim soldiers llija Krezo from
Glamoi: and Ivkovii:, i3.k.a. "Bilder", first name unknown, arrested Z.G.
in the flat of B.R. iri Livno, solely because he was a Serb. They
imprisoned him in the police station garage, where he and 12 other
Serbs were later interrogated, beaten and tortured. The prisoners I.Z.,
G.Z., P.V., D.S., A.M. and R.R. were amongst them.
Evidence: 318194-1 5.7.2.8.10. In June 1992, the following Croat and Muslim Army soldiers
Milan Djuran, a.k.a. "Kapo", Drago curda, Hasan Bubalo, Nediad
Jahjovendic, Senad Sudar, Zdenko Sudarand Zoran Andabak harassed
and maltreated the Serbpeople in Livno.
Drago ~urda arrested I.V. for no reason and took him to the military
police. When the military police released I.V., curda and other
unidentified personsstopped him again and beat him with the butt of a
kalashnikof rifle, breakingsix of his ribs.
Milan Djuran, a.k.a. "Kapo", beat Serb prisoners in the lvan Goran
KovaCiC camp. Djuran gave the Croat-Muslim authorities a list of
members of the Serb Democratic Party,who were later arrested and in
some cases killed.
Hasan Bubalo, Nediad Jahjovendic, Nenad Sudar, Zdenko Sudarand
Zoran Andabak were particularly brutal towards Serbs and inflicted
serious bodily injuries.
Evidence: 205194-4
7.2.8.11. In 1992, Muhamed JaSarevic,a.k.a. "Babo", from near Zvornik
and Zijad Hadiic, a.k.a. "Zijo", from Kozaracwere interrogators in the
lvan Goran Kovaeic camp in Livno. They beat and tortured prisoners,
inflicted heavy bodily injuries on al1 parts of their bodies with electric
cables, iron cables and fists. M.C. was so badly injured that he was
unconsciousfor seven days.
Evidence: 318194-15, 205194-17, 200194and 205194-4.
7.2.8.12. In 1992, Jozo Peric, a.k.a. "MrSavi",from Tomislavgrad, chief
warden of the camp in the former Livno police station, and interrogators
Senad Basic and Jozo Djuric ordered the deaths and personally killed
imprisoned Serbs.
They threw the Serb Milo Vujanovic from a third-floor window during
interrogation.The witness personally saw the guards kill Vojin Vukovljak, an
electrician from Livno who was born in Crni Lug near Grahovo. The
guards also killed Milo Vujanovic fromLivno.
The witness was releasedfrom this camp when he was exchanged in
July 1993.
Perpetrators: Andjelko Hrgic, a Livno policeman, Ahmet JaSarevic,
a.k.a. "Babo", military policeman Tomislav Garic, a person called
"~vabo" who spoke only German, interrogator Peric, first name
unknown, and Livno policeman Pero Pravdic.
Evidence: 333195-34.
7.2.8.15. Early in April 1992, the telephonesof Serbs in Livno were cut
off and they were forbidden to leave town.
Evidence: 234/95-24 (svedotenje J.E./testimony J.E., Annex No. C 33,
pp. c347-~3501~35- 1c354).
7.2.9.0. Bosanska Posavina Region
The deliberate killing of the Serb civilians and prisoners of war, and
the deliberate detaining of the Serb civilians in the camps, their
inhuman treatment, harassment and killing, as well as the ethnic
cleansing of the territories inhabited by Serbs, have al1the features of
war crimes committed against civilians, the wounded and the ill, and
against the prisoners-of-war. However, the main target of these
crimes was the genocide of the Serbs living in the territories ol
Bosnia and Herzegovina.
During and after 1992 many of camps and camps were established.
They were meant for Serb civilians who were forced to leave their
property, as well as for the prisoners-of-war. They were located on
the territories controlled by theuslim and Croat armed forces.
Consequently, a system of 35 camps was established in the
Bosanska Posavina region (Brod -8, Brtko -19, ~amac - 1, OraSje -
4, Odiak - 3) planned for the detention 0.Serbs.More specifically, the camps were located:
In Brod: 1) secondary school centre "Fric Pavlik; 2) Tulek, the
storage of the department store "Beograd"; 3) The construction
material storehouse, which belonged to the firm "GIK"; 4) Camp
Krndija (opposite to the Firehouse building); 5) The camp on the
river Sava bank (the kayak club); 6) The halls of the socks and
stockings factory "Bosna"; 7) Camp in the military police building (the
former .Jugobankabuilding); and 8) the town stadium belonging to the
football club"Polet".
In BrEko: 9) BoderiSte, the "Interplet" factory section; 10) Bosanska
Bijela, the localcultiural centre; 11) Bosanska Bijela, the section for
dehydration of prunes; 12) Bosanska Bijela - private houses; 13)
Boce - elementary :school; 14) Boce - municipality offices; 15)
Gornji Zovik - construction material storehouse; 16) Gornji Rahic,
the local cultural centre; 17) Gornji Rahic, the dehydration plant in
Okrajci; 18) Gornji Rahici, elementary school; 19) Garage of the
firm Rasadnik, located between Rahic and MaoEa; 21) Donji Rahic -
private houses; 22) MaoCa - poultry farm; 23) MaoCa,cafe named
"Better life"; 24) Palanka, reading room in the municipality building;
25) RaSljani, storehouse; 26) Ulice, elementary school; and 27)
Ulice. local cultural centre.
In ~amac: 28) Village Domaljevac, elementaryschool building.
In OraSje: 29) secolndary school centre; 30) Donja Mahala, camp
in the elementary school; 31) Donja Mahala, the shed of Mirza
Filipovic,a.k.a. Deljkovic; and 32) Posavska Mahala; and
In Odiak: 33) Elementary school (gym); 34) The firm "Strolit" and
35) in the village of Novi Grad.
There are no accura'te data how many Serbs were detained in these
camps since 1992. T'here is the document "List of prisoners " (in the
school), which was made by the HVO (Croat Defence Council) with
618 Serbs on the list. It is a fact that the Serbs, just because they
were of Serb nationality, were sent to these camps where life
conditions (accommoclation,food, hygiene) were appalling, and where
they were tortured, clegraded, and killed. To the Serbs these camps
were a hell on Earth.
827The size of the camps, bearing in mind the number of detainees, was
below the minimum required for survival. There is evidence that in the
camp in Odiak (in the elementary school) a detainee was entitled to
less than half a square meter!
The Serb detainiees were not given even the necessary daily
minimum of food and water. They were given a piece of bread and a
cup of tea or some kind of soup. The hygiene was shocking. They
had to relieve themselves in buckets, used instead of the toilets,
which were held the whole day in the same overcrowded premises
where they were held. When one also considers the various form of
torturing to which the detainees were exposed, which was sometimes
so monstrous that a normal person cannot grasp they were designed
by humans, because of which some Serb prisoners tried to commit
suicide, it becomes obvious what were the conditions really like and
why many in the camps implored their torturers to be killed.
It should be mentioned here that there was an explicit plan for the
killing of Serb detainees, which was: to arrange forced labor for the
detainees, regardless of International Law regulations, on the front
line and during intensive combat operations - where they had to dig
trenches and other fortifications, pull out the wounded or killed Croat
or Muslim combatants, and, if still alive, to witness the massacre of
the dead Serb combatants.
Witness 267194-9, a former detainee in BrEko, stated that the
detainees from the camps in OraSje and Donja Mahala dug trenches
with no cover at all; they were exposed to fire and shelling from both
sides; they had to drag tree trunks for kilometres; they even had to
work without any tools - "some had to dig the earth with their bare
hands". According to his estimates, about 10% of the detainees in
OraSje and Bukova Greda were killed, while he himself pulled about
5-6 injured or killed men. Many detainees lost their lives in this way,
others were seriously injured while the rest were lucky to have
survived.7.2. 10.0. Odiak
The Serb population from the villages Gornji Svilaj, Donja Dubica,
Struka, Trnjak and Novi Grad, al1 in the municipality of Odiak, was
deceived. lnstead of been taken to the Serb held territories, they
were taken to two prepared camps in Odiak - to the elementary
school and the firm "Strolit. The Serbs that were lucky to survive
the camps were transferred from one camp to another, in the
Posavina region - they were in Odiak, Bosanski Brod, and then in
OraSje - Donja Mal-iala, depending on how the Serbs liberated the
territories.
This text will deal only with some cases of the overall ordeal the
Serbs experienced in these camps. They are sufficient to depict the
inhuman treatment the Serb detainees were exposed to in the camps,
how they were maltreated and killed.
7.2.10.1 Torture and bodily injuries
One of the Serbs who survived the horrific torture in Odiak not only
confirmed the statements of those that survived, concerning the
conditions under which the Serb civilians were held, but also
mentioned something which perhaps, explains the roots of the
distorted imagination in the perpetrators that committed the crimes
against the Serbs.
This same witness stated that Anto Golubovic, the Odiak camp
commander, once showed him a manual of the foreign legion in June
1992. He said that the book gave instructions how one should beat,
humiliate and kill. He alsosaid that the Ustashi spirit from WW II has
resurrected, and ttiat they intend to implement the ideology
completely.
The daily torturing and crimes, committed against the Serbs, prove
that Anto Golubovic successfully applied the knowledge he had
acquired from this manual.
7.2.10.1.1. In June :1992 al1 Serbs with the surname Ninkovic were
called to step out and were then forced to start hitting their headsagainst a wall until they would start to bleed. The camp commander
hit with a pistol one of these prisoners on the head because he
considered he wasn't hitting the wall hard enough. Those that did not
faint of this hitting had to continue beating each other.
Perpetrator: Tomo Djojic, a member of the group "Flaming Horses",
which was within the 2ndBattalion of the 102nd Odiak Brigade.
Evidence: 191194-38, 280195-10, 280195-72, 280195-73 and 191194-5
7.2.10.1.2. In 1992 the Serb prisoners were made to sing the
Ustashi Song "Evo zore evo dana" ("Here comes dawn, here comes
the day") and to repeat it50 times standing in attention posture, so
that many, being exhausted, fainted.
Perpetrator: Anto Golubovic, the camp commander,is responsible for
this torturing of the Serbs.
7.2.10.1.3 In May and June 1992, in the Odiak elementary school
camp, Tomo Djojicordered nine prisoners to sit by the wall, put their
hands on the floor and lower their heads. He then kicked with his
boots on each Serb detainee in the temples first from one side, and
then walked back and kicking him from the other side. He then ordered
a detainee to do exactly the same. The same member of the "Flaming
Horses" extremist group ordered prisoners to put on glasses and
smashed their heads against the wall without breaking the glasses.
Many Serbs - former detainees, have given statements about the
crimes of Tomo Djojic.
Perpetrator:Tomo Djojic.
Held responsible:Anto Golubovic, the camp commander
Evidence: 280195-9, 424195-9, 424195-10, 424195-26, 476194-5 7, 195-9,
10, 18, 43, 593194-26,etc.
7.2.10.1.4. The witness 365194-1, from Novi Grad, municipality of
Odiak, who was detained in the camps in Odiak, Novi Grad - near
Odiak, Bosanski Brod, and finally in Slavonski Brod, in the period 5
May 1992 to 16 September 1992, is one of the numerous who was
830exposed to severetorture and degrading, and also one of the few that
survived the camps. He stated:
"The prisoners were persistently beaten; several prisoners would be
taken out and beatêinin the corridors, classrooms, offices, toilets, or
wherever else the guards decided; the guards would come into the
room where the prisoners were held and beat them with rifle butts,
trample on them, beat them with truncheons al1over their bodies, hit
them with school desk boards, withchair and table legs still having the
screws on; the guards would gather around several prisoners to kick
them; prisoners were wounded withaxes - hit with their blunt edges in
the spine and toes;
- the witness especialllyremembers whenDamir Cindric stabbed him 12
times in his foot through his shoe, and once when he was beaten over
his back and the stornach withan iron bar while bent over a table;
- guards would order the witness to stand with his hands above his
head, while one of his torturers would dash at him and kick him in the
chest, stomach or bac:k.
He also mentioned other kinds of torture:
- prisoners were madeto support themselves withthree fingers of each
hand either on their feet or stairs,during which the guards would beat
them;
- prisoners were made to dive from chairs ont0 concrete floors, their
head first and their hands by theirsides - the guards called this "diving
into the Sava river";
- prisoners were made to dash at the gym door and smash it with their
heads;
- guards extinguished cigarettes on detainee'sarrns;
- prisoners were madeto lick their own blood from the floors and walls.
The witness says that prisoners were often not returned to the gym
immediately after being beaten, but were made to run around in the
beaten-up condition.
83 1On several such occasions the witness was so badly beaten that he
could not walk but crawled. One of his torturers would sit on top of him
in these situations and Say: "Come on, Chetnik, the faster you get
there the less you will be beaten".
This witness testified about another form of torture which had been
described by other witnesses, too.
On one occasion, chief warden Anto Golubovicand the head guards of
the shift, Josip Tolic and JuricaBoiic, took him into a room where a
22-year-old mentally disorderedwoman S., from Novi Grad, was lying
completely'naked. They forced the witness to strip himself and lick S's
vagina. The guards were laughing al1 the time, while there was no
reaction in S. Then they ordered her to felate on him during which
Josip Tolic was repeatedly hitting him over the back and backside with
a truncheon.
The witness narned other prisoners who had been forced to have
sexual intercourse with the mentally retardedS.
The witness said that he and other prisoners had been beaten not only
by Anto Golubovic,Josip Tolic, Jurica Boiic, Damir Cindric, but alsoby
Ibrahim Ahmetovic, a.k.a. "lbe", Bahrija Ahmetovic, Nerman Hodiic-
Mehic, Sead Hodiic-Mehic, ~imo Topolovac; the witness said the
following men had rapedwomen prisoners, HVO member Tomo Djojic,
Omer Saldic, Enes Puzic, Zdenko Nikolic, Albina Terzic, a.k.a. "Nina",
and Adisa Hodiic.
The findings and opinion of the medical forensic team which examined
this and other former prisoners confirm the witness' statements.
Perpetrators: of the crimes -Anto Golubovic, camp commander,Josip
Tolic, Jurica Boiic, Damir Cindric; of the beating- lbrahim Ahmetovic,
a.k.a. "lbe", Bahrija Ahmetovic, Nerman Hodiic-Mehic, Sead Hodiic-
Mehic, Simo Topolovac, Tomo Djojic (member of the HVO), Omer
saldic, Enes Puzic, Zdenko Nikolic, AlbinaTerzic, a.k.a. Nina and Adis
Hodiic.
Evidence: 365194-1(svedotenje M.M.2ltestimony M.M.2, Annex No. C
66, pp. c673-~6811~682-c690);191194-29, 280195-67and 365194-S-9
832(Medicinski nalazlhnedicalfindingss 9, Annex No. C 168, pp. c1605-
CI6071~1608-cl61O).
7.2.10.1.5. Many fornier prisoners said that Anto Golubovic tortured and
beat them with truncheons, metal chairs, he also kicked them, and
ordered prisoners to run from a distance of five meters and smash
their heads into walls, and to repeat this five times over until they
would collapse. On many occasions in the camp in Odiak, and later in
Bosanski Brod, he cailledout whole families to be beaten.
Perpetrator: AntoGolubovic, the camp commander
Evidence: 365194-2, 365194-4, 365195-5, 593194-1 0, 593194-3,
595194-14, 55195-2, :3,9, 10, 18, 22, 39, 43, 280195-4,13, 424195-5
(svedotenje M.L.l/testimony M.L.l, Annex No. C 56, pp. c564-
~5671~568-c570,Medicinski nalaz1Medicalfindings - s 11, Annex No.
C 143, pp. c1456-~14571~1458-cl459 and photo in Annex No Cl 61,
p. 39), 424195-23,42.4195-26, 593194-26, 476194-7.
7.2.10.1.6. Many Serbs - former prisoners, said one of the shif-t head
guards, Josip Tolic, beat and tortured prisoners in Odiak and later in
Bosanski Brod. Witneiss280195-8said that Josip Tolic kicked him in the
back, while witness 280195-66stated that Josip Tolic was one of the
guards who beat him most. Witness 280195-1 said that Tolic frequently
led away groups of prisoners for torture, and took part in the severe
beating of S.C. from Trnjak, S.G. from Donja Dubica and B.D. from
Novi Grad. The witness said that in late May or early June, Tolic
forced him and J.O., from Donja Dubravica, to beat each other with
truncheons. Dissatisfied with the intensity of their blows, Tolic grabbed
them both by the heaidsand started hitting them against each other so
that they both fainted. Witness 280195-5 said that Josip Tolic was one
of the guards who be,atand tortured prisoners in many ways.
Perpetrator: JosipToliC, head of a guard shifi in the camp Odiak
Evidence: 365194-2, 4, 5 and 7, 593194-10, 280195-8, 280195-66,
280195-1, 280195-5, 494195-36, 55195-1 90,, 43, etc.
7.2.10.1.7. There are very detailed testimonies of numerous inmates in
Odiak, who were held in crowded space, and were brutally tortured
justbecause they were Serbs. They wereforced to suffer together with
833other fellow-townsmen and were al1 subsequently examined by a
medical forensic team. According to the testimoniesof the witnesses,
they knew some of torturers but had never met the others. Those who
were outstanding in brutality were:
1. ANTO GOLUBOVIC, camp commander,
2. JOSlP TOLIC and JURICA BOZIC, both camp shifl heads,
5. ZDENKO NIKOLIC,
6. IBRAHIM AHMETOVIC, a.k.a. "lbe",
9. ALMINA TERZIC, a.k.a. "Nina",
13. IVlCA RAJCEVI~ and
It should be pointed out that the names of al1these Serbs - witnesses
and victims, are found on the "List of detainees (in the school)" made
out by the Croat Defence Council from Odiak. This document has
been found (Document 191/1-94- document 11) and it will discussed in
dealing with the subject ofethnic cleansing of these territories.
7.2.10.1.8. D.G. ,born in 1941, said that he was held in the Odiak
camp from the beginning of May to 9 July 1992. On 28 June 1992 the
834guards put a school desk on his head and injured his spine. The
medical forensic teatn found that his 7'h cervical vertebra was fractured
which has resulted in the disorder of the spinal cord centres in this
level. This is a serious injury causing severe pain. As a direct
consequence of this injury there is limited mobility of the head.
Perpetrator: still unknown; responsibie Anto Golubovic, camp
commander.
Evidence: 476194-1; 55/95-29; 365194-5-3 (Medicinski nalaz1Medical
findings - s 3, Annex No. C 251, pp. c2177-~21791~2180-c2182)
7.2.10.1.9. The Serb N.T., born in 1940 (424195-IO), was severely
beaten by groups of soldiers which were led by lvica Klajic, Josip Tolic,
Tomo Djojic and others who wore black uniforms with Ustasha
insignia, and who ordered this Serb and other inmates to address them
as "Mister Ustasha".
Because of the beatings and resulting fractures - which were major
injuries-there is limited extension in the witness's left elbow joint.
Evidence: 424195 ,-IO, and findings and opinion of the forensic
medical board 36519,4-S-4.
7.2.10.1.IO. S.P., born in 1952, was held in the camps in Odiak,
Bosanski Brod and OraSje from 8 May 1992 to 5 November 1992. He
was first tortured in the camp in Odiak, especially by Damir Cindric
from Slavonski Brod, but also by Ante Golubovic, Josip Tolic, lvica
Klajic, Tomo Djojic, Zdenko Nikolic andothers. Several of his ribs were
broken and he had alther injuries because of the beatings. All this has
been confirmed by the findings and opinion of the medical forensic
team.
Perpetrator: Ante Golubovic, Josip Tolic, lvica Klajic, Tomo Djojic,
Zdenko Nikolic, Damir Cindric, and others.
Evidence: 424195-11, and findings and opinion of the medical forensic
board 365194-5-5.
7.2.10.1.11. The witness 55195-3, born in 1962, was in the camp
Odiak since 8 May 1992 and was tortured in many ways. Amongst
835others, the Croat soldiers in Ustasha uniforms and insignia extinguished
their cigarettes on the lefi forearm. As a consequence, he has limited
mobility of the lefi arm. This detainee has scars on his left forearm.
Some Serbs had to open their mouths and protrude their tongues, so
that the soldiers could extinguish their cigarettes on them.
Perpetrator: Still unknown Croat soldiers; Anto Golubovic, the camp
commander held responsible for this.
Evidence: 55195-3, and findings and opinion of the medical forensic
board 365194-5-8.
7.2.10.1.12. The Serb R.P., born in 1970, was in the camp in Odiak
from 8 May to 9 July 1992. On one occasion he and ten other
prisoners - Serbs, were severely beaten al1over their bodies; they were
kicked, beaten with truncheons and chairs by Anto Golubovic, lvica
Klajic, Josip Tolic and some other soldiers- Croats and Muslims.
Perpetrator: Anto Golubovic, lvica Klajic, Josip Tolic.
Evidence: 365194-5 and findings and opinion of the medical forensic
board 365194-S-1 0.
7.2.10.1.13. The Serb detainee M.s., born in 1920 (593194-4),was not
spared in the camp Strolit in Odiak. In May 1992, though he was 72
years old, lvan Boiic, a.k.a. "Papan", Jurica Boiic, a.k.a. "Valuga",
Andrija Dujak and others beat him without any mercy, and once while
lvan Boiic was beating him over the head, another soldier who was
holding a big knife threatened to cut off his ear, while two other
soldiers wound a cable around his throat and stretched it, saying:
"Look, chief, how his eyes fa11out". He had to eat the food from a dish
into which blood was dripping from his head. During the two months of
torture in the camp this Serb lost 27 kg.
Perpetrator: Andrija Dujak - Chief of Police in Odiak, lvan Boiic, a.k.a.
"Papan", Jurica Boiic, a.k.a. "Valuga".
Evidence: 593194-4
7.2.10.1.14. The witness O.T., born in 1957 (424195-29),was in the
camp in Odiak, in the elementary school premises, from 8 May 1992
836to 5 July 1992. He said that he was beaten several times a day but
usually, just like the other Serbs, late at night. The soldiers would come
in and trample on hirn and the others. On one such occasion he was
seriously injured- his left ribs were fractured, and he had a depressed
fracture ofhis right cheek and an injury of his right eyeball. He has a
disproportion in his face now and is disfigured because of the
deformity. During the injury he had suffered severe pain.
The witness stated that he and the inmates were told that they were a
lower race, that therewas no life for them in the new state, and that
they would al1 be slaughtered, killed and starved to death. He
witnessed the tortwring and infliction of fatal injuries to other
inmates-Serbs.
Perpetrator: Anto Golubovic, camp commander.
Evidence: 424195-29,and findings and opinion of the medical forensic
board 365194-S-12.
7.2.10.1.15. The Serbs M.G., born in 1932 (55195-13), and his son
z.G., born in 1968 (55195-18) were both detained in the camp in
Odiak. Their testimoinies,as well as the testimonies of the other Serbs
about their ordeals,are very distressing.
M.G. had to watch how they beat his son Z.G. and his other son, and
then also had to watch how his sons were forced to beat each other.
Z.G. was seriously iiijured- he was hit with a rifle but! in the head,
because of which he got a depressed fracture of the parietal bone. He
also had a cut in the neck made by a soldier wearing the black
Ustashi shirt, who threatened he is going to slaughter the witness. He
also stabbed him below his chin and there is a scar there now. With
the tip of his knife the same soldier curved the Ustashi letter U on
z.G.'s chest, and he also made cut in his limbs and other parts of his
body.
In these stated tortiires Anto Golubovic, Tomo Djojic, Jurica Boiic,
Josip Tolic, lvica RajEevicand some ReSadfrom Odiak were the most
prominent.
Perpetrators: Anto (;olubovic, Tomo Djojic, Jurica Boiic, Josip Tolic,
lvica RajEevicand some ReSadfrom Odiak.
Evidence: 55195-1 3, 5,5195-17.2.10.1.16. The Serb witness D.N., born in 1951 (424195-26),
confirmed the testimonies of numerous witnesses regarding the crimes
committed by Anto Golubovic, Josip Tolic, Tomo Djojic, and stressed
the perpetrators Ferid Halilovic, Jurica Boiic.
They stabbed his knee with a knife, cut his lefi auricle and broke his
lefi ribs.
Perpetrators: Anto Golubovic, Josip Tolic, Tomo Djojic, Ferid Halilovic,
and Jurica Boiic.
Evidence: 424195-26.
7.2.10.1.17. The witness M.Lj., born in 1963 (424195-43, 283195-28)
was severely tortured till early July. He remembersa specific torturing
which took place in early June 1992 when Josip Tolic, the head of the
camp guard shifi, called him. Some military policemen started to beat
hirn and then Damir Cindric ordered them to stop, saying:"Now you
shall see how the Ustashi beat".
Then Damir Cindric piled parts of broken furniture, which still had bolts
with nuts protruding, on the frontside of his body, and Marko Milo5 on
his back part. Afier that they simultaneously startedto hit the furniture
parts with other objects. When he fell on the floor Cindric started to
jump on hirn with his boots on, while Marko Milo5 started to beat him
with the rifleutt and kicked him in the legs, kidneys and genital organ.
Then they raised hirn from the floor, holding his head by the hair they
started to hitit against the blackboard until the skin burst and the head
started to bleed. They threw hirnon the floor again and started to beat
hirn with metal bars until he fainted.
This witness stated that a doctor, first name Stipo, was angry when he
was taken to hirn afier this torturing and said to them: "Either kill hirn
or leave hirn alone. I can't patch him any more, and it is a pity to
waste medicaments on them".
Perpetrators: Damir Cindric, Marko Milo5, and held responsible: Anto
Golubovic, the camp commander.
Evidence: 424195-43, 283195-28.
8387.2.10.1.18. The witness D.D., born in 1922 (424195-45, 476194-5).Her
testimony about her ordeal in the camp Odiak is heartbreaking. She
was there with her son, now late R.D., from Donja Dubica.
This old woman was taken to the camp on 8 May 1992, together with
her husband and her il1 son, born in 1942, who had been il1 and
bed-ridden since birth.
"One night a group of Ustashas came in and began hitting us with their
feet and fists. The next day, an Ustasha with a lit cigarette came in
and began to push ,the lit end of a cigarette into my son's mouth. I
pleaded him, togethel-with the other Serb women, not to do so, since
my son was ill, but tie showed no intention of stopping and continued
to push the lit cigarette end into hisuth. On the same day, a group
of Ustashas came irito the room and al1 of them extinguished their
cigarettes on my son's face. After that they took some device, which
was evidently connected to an electric power source, andmolested his
face with it."
Perpetrator: Anto Golubovic, camp commander.
Evidence: 424195-45,476i94-5.
7.2.10.1.19. One witness explained how once Anto Golubovic, "raging
as a wild beast", wanted to slaughter the now late Mihajlo Popovic.
Popovic put his hantls between his neck and the knife so that his
hand was cut. Out of horror and having the instictive desire to
survive Popovic had a nervous breakdown and was transferred to the
hospital in Zagreb where he died. Before threatening to slaughter him
Anto Golubovic beat him so severely that he broke a chair on him.
Several Serbs - inmates confirmed this ordeal of the late Mihajlo
Popovic.
Perpetrator: Ante Golubovic.
Evidence: 191194-11, 191194-13, 280195-83, 476194-7.
7.2.10.1.20. The Sert) Lj.Dj. was once put a hand grenade in his
mouth by Anto Djojic, a.k.a. "Kelin". While the bomb was in his mouth
839the guards beat him and he was forced to hit his head against the
wall. Then Djoric took his head and started hitting it against the wall
until he fainted.
Perpetrator: Anto Djojic,.k.a. "Kelin; Anto Golubovic, camp commander
held responsible.
Evidence: 476/94-7.
7.2.10.1.21. On 8 August 1992, B.D. was taken to the Odiak camp.
After two days in the camp, while clearing a minefield, a job which
was usually done by the Serb prisoners, he stepped on an
antipersonnel mine, the so-called can, which ripped off his left foot.
Evidence: Medicinski nalaz/Medical findings- s 16 (Annex No. C 145,
pp. CI462-CI4631~1 464-CI465)
7.2.10.2. Life conditions in the camps in Odiak: the
accommodation, food, and hygiene.
In 1992 there were about 700 prisoners detained in the camp Odiak,
and held in the elementary school gym. The prisoners were starving,
since they were given just a small piece of bread a day (one loaf
was distributed to 15-20 prisoners) and a cup of tea. Many prisoners
- former detainees in Odiak have confirmed this.
7.2.10.2.1. The witness D.V., born in 1950 (593194-l), who was in the
camp "Strolit" during 1992, said that about 30 prisoners were held in a
premise the size of 20 m2. They could neither lie down nor sit
properly. They were given a bucket to relieve in. They were frequently
given no water.
The prisoners were given a piece of bread a day, maximum 50 - 100
gr. and some soup or tea. This witness lost 25 kg in a very short
period of time.
7.2.10.2.2. A former detainee in the camp "Strolit", the Serb V.J. said
that he had lost so much weight that during the exchange none of his
relatives and acquaintancescould recognise him.Perpetrator: The person most responsible for such living conditions in
the camp was the camp commander,Anto Golubovic.
Evidence: 593194-1, 593194-2(Medicinski nalazlMedical findings - M
2, Annex No. C 258., pp. c2231-~22341~2235-c2237and photos in the
Annex No. C161, pictures No 1-5, pp. 40-43), 593194-3, 593194-5,
593194-7, 593194-9, 593194-1 0, 593194-14, 593194-25, 593194-26,
593194-30, 593194-33, 55195-1,55195-2, 55195-3, 55195-4,55195-5,
55195-6, 55195-7 (svedotenje V.~./testimony v.c., Annex No. C 119
pp. CI204-12081~120!3-cl213),55195-1 0, 55195-11, 55195-12, 55195-13,
55/95-14 (svedotenje P.D.1testimonyP.D., pp Annex No. C 26, c255-
~2581~259-~262), 55195-1 5, 55195-1 6, 55195-18, 55195- 22, 55195-43,
55195-28, 55/95-29, 4.24195-1,424195-2, 424195-3, 424195-4,424195-5,
424195-6,424195-7,4:24195-8,424195-9,424195-10, 424195-11, 424195-
15, 424195-1 7, 424195-18, 424195-19, 424195-20, 424195-21 ,
424195-24, 424195-2'7,424195-29, 424195-30, 424195-314,24195-33,
424195-34, 424195-35, 424195-36, 424195-37, 424195-38, 424195-41,
424195-42, 424195-43,191194-4,191194-1 3.
7.2.10.3. Humiliation, lilarassmentand intimidation
All the former camp prisoners - Serbs, have testified in court that,
regardless of the almost impossible life conditions, starvation, and
appalling hygiene, which were detestable for any human being, and
regardless of al1 the various torturing-which will be described, and
injuries, which have been described - the Serb prisoners were also
degraded and intimidated in various ways.
All the former camp prisoners spoke about the daily threats that they
would be killed, and hiowthey were humiliated and intimidated.
7.2.10.3.1. In May 1992, in the camp located in the Odiak primary
school, Adisa HodiiC, a member of the rnilitary police within the 102"~
Odiak Brigade, ordered the Serb detainee Z.G. to take al1 his clothes
off, and he then let 913a dog - a German boxer, which had no muzzle
on, into the premise. I-iowever, the dog did not hurt him.
Evidence: 280195-39.7.2.10.3.2. During May 1992, in the camp which was in the primary
school in Odiak, they forced the prisoners to beat each other, to lick
the blood from the floor, to lick the guards' boots, and to hit their
heads against the blackboards or wall.
Evidence: 280195-7
7.2.10.3.3. During 1992 in the camp which was in the primary school in
Odiak, Albina Terzic, a.k.a. "Nina", a member of the HVO military
police units, ordered the prisoners to take off their trousers and
underwear so that her dog - a Great Dane which she brought, could
sniff their genital organs.
7.2.10.3.4. In May or June, during an "interrogation" in the camp in
Odiak, Zdenko Nikolic, a member of the HVO military police units
within the 102"~ Odiak Brigade, who frequently physically tortured the
witness 191194-4from Trnjak, threw several suckling pig bones from his
plate in front of him and said:
"Eat them, f...k your Chetnik mother, they are for you. You'reno better
than dogs."
Evidence: 191 194-4
7.2.10.3.5. Anto Golubovic, the camp commander, Josip Tolic, the head
of the shift, and Albina Terzic, a.k.a. "Nina" organised the so called
"Camp Weddings" -where a Serb female and a male detainee had to
have sexual intercourse in their and the presence of other prisoners.
Evidence: 191/94-4 and 191194-1 3.
7.2.10.3.6. The witness 476194-7, born in 1960, also testified that the
following events took place in the camp in Odiak:
They forced G.J. and to suck the genital organs of K.Dj. in front of all,
and then they had to stick their fingers in each others anus and lick
them.
Evidence: 476194-77.2.10.3.
7. The Serbs - detainees were taken naked to have a group
washing in front of the local population. They were washed with a
gush of bitterly cold water under pressure.
Perpetrator: Anto Golubovic, being the camp commander.
Evidence: 55185-8,4124195-41
7.2.10.3.8. The detainees were forced to kiss the boots of the guards,
after which they were kicked by the same guards with the same
boots on.
Perpetrator: Anto Golubovic, being the camp commander.
Evidence: 424195-34
The immediate perpetrators, individuals whose names are here
mentioned, are responsible for al1these crimes against Serb civilians.
Anto Golubovic, beinig the camp commander, shares the responsibility
in al1the violations.
7.2.10.4. The killing of the Serbs in the camps in Odiak
Besides the various forms of torturing and injuring of the Serb
detainees in the camps in Odiak, besides the appalling life
conditions, and the humiliation, harassment and intimidation of the
Serb prisoners, it has been established that some Serbs were killed
in these camps too.
1. Simo CvetkouiC, a.k.a. "DriniC", born in 1931 in Gornji Svilaj,
Odiak.
In July 1992, in the camp which was in the primary school in Novi
Grad - Odiak, several military policemen beat Simo Cvetkovic, a.k.a.
"Drinic". The last to beat him was Anto Golubovic, who broke the
chair with which he was beating Simo Cvetkovic. The poor man
fainted and died the same night, on 12 July 1992, because of the
injuries.
Perpetrators: Anto Golubovic and other, still unidentified perpetrators.
843Evidence: 593194-33, 55195-9, 55195-1 9, 424195-11, 424195-15,
424195-17, 424195-33, 424195-34, 424195-36, 324195-26, 191194-
13, 191194-14 and 280195-73.
2. Rade Tomonovic,
In July 1992, in the camp for the Serbs which was in the primary
school in Odiak, Anto Golubovic, the camp commander, Josip Tolic,
the head of the guard shift, and Ferid Halilovic, a member of the
police unit within the 102"~ HVO Odiak Brigade - a guard in the
camp, had beaten Rade Tomonovic with their fisti, kicked him, and
hit him withvarious objects. Then they tied him to the volley bal1net
pillar and continued with the beating- Ferid Halilovic hit him with the
rifle butt over his back. He died soon afterwards, still tied to the
pillar. This happened on 24 June 1992.
The witness 55195-14 was one of those that witnessed the killing of
Rade Tomonovic. He said he saw them beat him to death, and when
he died Anto Golubovic started to kick the dead body saying:
"Carry this dog away".
Perpetrators: Anto Golubovic, Josip Tolic and Ferid Halilovic.
Evidence: 365194-2, 365194-5, 593194-1 3 (Medicinski nalaz1Medical
findings- M 7, Annex No. C 260, pp. c2246-~22481~2249-c2251and
photos in the Annex No. C161, pictures No 1-2, pp.44-45) 593194-
14, 593194-40, 593194-31 593194-33, 55195-1, 55195-2, 55195-4,
55195-7 (svedoeenje ~.~.ltestimon~ V.C., Annex No. C 119 pp.
cl 204-12081~1209-c1213, Medicinski nalazIMedica1 findings - M 10,
Annex No. C 261, pp. c2252-~22541~2255-c2257and photo in the
Annex No C161, picture No 1, p. 38), 55/95-10, 55195-11, 55195-
14, 55195-16, 55195-81, 55/95-22, 55195-28, 55/95-43, 280195-
72, 280195-73, 280195-74, 280195-75, 280195-, 280195-76,
280195-77, 280195-84, 424195-1, 424195-2, 424195-4, 424195-5,
424195-9, 424195-11, 424195-1 5, 424195-1 7, 424195-19 (svedoEenje
6.R.ltestimony B.R., Annex No. C 90, pp. c904-~9071~908-c912),
424/95-20, 424195-24, 424195-26, 424195-27, 424195-29, 424195-
30, 424195-31, 424195-33, 424195-34, 424195-35, 424195-36,
424195-37, 191194-4, 191194-5, 191194-13, and 22197.
8443. Svetozar Derventic, a.k.a. "ceta".
In early May 1992, in the camp in "Strolit, in Odiak, Anto Golubovic,
the camp commander, together with Tomo Djojic, Mirko culap and
Josip Tolic - members of the HVO police, beat the Serb Svetozar
Dervenic, a.k.a. "ceta" several times. Several days before he was
killed Anto Golubov~icallowed the HVO police members to take the
late Dervenic from the camp. He was brought back in the boot of a
car and was still alive. They continued to hit him and he died the
same night. He had been taken to the place for drying and smoking
meat where he was hanged by the arms and tortured.
The witness M.D. (55195-8) and the brother of the late Svetozar
Dervenic, a.k.a. "ëeto", who was also detainee and was tortured in
the "Strolit" camp, know details about this death. He said that
Svetozar Dervenic "\,vasso severely beaten he couldn't move at all".
He died in his brother's hands. After his brother's death M.D. was
beaten with no mercy every day and his torturers wanted to know
how he took his brolther'sdeath.
Perpetrators: Anto Golubovic, camp commander, Tomo Djojic, Mirko
~ulap and Josip Tolic.
Evidence: 593194-13, 593194-31, 55195-1, 55195-2, 55195-4,
55195-15, 55195-7, 55195-9, 55195-1O, 55195-11, 55195-14, 55195-
16, 55195-18, 5519.5-22, 55/95-28, 55/95-43, 424195-4, 424195-5,
424195-9, 424195-11, 424195-1 7, 424195-18, 424195-25, 424195-37,
191194-4, 191194-1 1, 191194-13.
4. Rade Dervenic. a.k.a. "Sila".
On 3 July 1992, in the camp for Serbs, located in the Odiak
elementary school piremises, Anto Golubovic, the camp commander,
Josip Tolic and Jurica Boiic, the head of the shift, had several times
severely beaten the Serb Rade Dervenic, a.k.a. "Sila". He died the
following day, on 4 July 1992, because of the injuries.
The witness, P.R. (365194-5)confirmed that Rade Dervenic was taken
to the basement and beaten for at least two hours. They could hear
his screams. He and several other prisoners went to the toilets, and
845were al1forced to dive ont0 the concrete floor with their heads down
and their hands next to their bodies. During this the witness saw
them beat Rade Dervenic, a.k.a. "Sila".
Many of the Serbs, former detainees in the camp in Odiak, have
confirmed this murder.
Perpetrators: Anto Golubovic, the camp commander, Josip Tolic and
Jurica Boiic.
Evidence: 365194-3, 593194-13, 593194-31, 55195-1, 55195-3,
55195-4, 55195-5, 55195-7, 55195-9, 55/95-10, 55/95-11, 55195-
12, 55195-14, 55195-6, 55195-18, 55195-22, 55/95-28, 55195-43,
424195-1, 424195-4, 424195-11, 424195-15, 424195-17, 424195-19,
424195-26, 424195-27, 424195-30, 424195-31, 424195-33, 424195-
34, 424195-36, 424195-37, 424195-84, 191194-4, 191194-5,
191194-13, 191194-29, 191194-35, 280195-72, 280195-73, 280195-
78.
7.2.11.0. Brod (Bosanski Brod)
When the Bosnian Serb Army liberated the Odiak area, the
withdrawing Muslim and Croat forces transferred the Serbs imprisoned
in the camps in Odiak to the camps in Brod (Bosanski Brod) which
were located in the secondary school centre "Fric Pavlik, in the
storehouse for construction material in the district Tulek, and in the
canoe club within the sports stadium.
Al1that has been said about the living conditionsof Serb prisoners in
the other camps in the Posavina region of Bosnia applies to Bosanski
Brod as well.
However, certain facts should be mentioned.
Some of the perpetrators that committed crimes against the Serbs in
the camps in Odiak, continued with their crimes in Brod. Therefore,
the names ANTE GOLUBOVI~, JOSlP TOLI~ and JURICA BOZIC,
a.k.a. "Bajica" and others are still present in the testimonies of those
that survived the camps.
846The second fact that should be mentioned about the camp in Brod is
that Serb women - cletainees were raped there almost daily. One will
notice in the testimonies to follow, that there was more violence and
torturing to follow the rape - than required for rape. The most
reckless torture and abuse had been the objective, regardless of the
rape. The humiliation of the Serb women was on an incomprehensible
scale.
Third, it is evident that a large number of the detainees, just like in
the region of OraSje, were forced to dig trenches on the front line
during the combat operations. Many of the Serbs were killed or were
wounded while doing this.
Most of the former Serb detainees from the camp Brod have
described in their stalements the bad life conditions, hygiene and food
which was scarce, too.
Evidence: 55195-2, 55195-3, 55195-6, 55195-7 (svedotenje
~.~./testimony v.c., Annex No. C 119, pp. c1204-12081~1209-cl213),
55/95-8, 55195-9, 5!5/95-1 O, 55195-1 2, 55195-1 5, 55195-16, 55195-
22, 55195-27, 55195-28, 55/95-43, 424195-3, 424195-5, 424195-6,
424195-8, 424195-9, 424195-15, 424195-17, 424195-26, 424195-27,
424195-30, 424195-3:3, 424195-35, 424195-38, 191194-11, 584194-
16 (svedoeenje M.M.5ltestimony M.M.5, Annex No. C 70, pp. c716-
~7211~722-c727), 584194-32(svedoëenje M.Dj.1testimonyM.Dj., Annex
No. C 29,pp. cCiO1-~3041~305-c308), 584194-1 (svedoëenje
Lj.S.1testimonyLj.S., Annex No. C 96, pp. c987-~9901~991-c994)
7.2.11.l. Torturing - injuring of the detainees
7.2.11.1.1. On request of Albina Terzic, a.k.a. "Nina", a member of
the HVO police, Mirko culap, also a member of the HVO police, first
burnt the face of the Serb detainee 593194-31, from Donja Dubica,
with a lit cigarette,n'd then extinguished it there too. After that he bit
one of his ears, while! simultaneously Drago Lepan, a member of the
10lS' Bosanski Brod Brigade, bit the other ear. Then they started to
pull, each in his direction,until a part of his auricle was completely
bitten off by Mirko ~ulap.This statement of the detainee 593194-31, given to the investigator
and to other authorities, as well as the statements of many other
Serbs who confirmed the ordeals of this Serb, are confirmed by the
findings and opinion of the medical forensic board consisting of
forensic and neuropsychiatry experts.
This medical forensic board examined the witness 593194-31 and
found a part of his left auricle missing. The scar in that region is
star-like and non-pigmented. It is written in their Opinion:
"On examination, a star-like non-pigmented scar found on the left
auricle, interior.t could be the result of its lobule being bitten off.
This had to cause severe pain to 593194-31when injured. The direct
consequence of this injury and the missing lefi auricle lobule, which
resulted in a' star-like scar, is the disfiguring of94-31 ..."
Perpetrators: Albina Terzic, a.k.a. "Nina", Mirko eulap and Drago
Lepan, al1members of the HVO military police.
Evidence: 55195-11, 593194-31 and 365194-S-2 (Medicinski
nalazlMedical findings - s 2, Annex No. C 142, pp. c1452-
~14531~1454-cl455and photo in Annex No Cl 61, p. 51)
7.2.11.1.2. During 1992, in the camp in Bosanski Brod, Damir Cindric,
a.k.a. "Cindra", a military policeman called "Nindia" and one other
person, beat the Serb detainee S.P. from Gornji Svilaj with fists, booted
feet and wooden objects. Cindric pushed the pistol barre1 into his
mouth, and they then hung him by a rope tied to his left leg from a
basketball construction in the gym. They ordered other prisoners to pull
the rope, raising and dropping him while they beat him. The rope
eventually snapped, and S.P. fell on his head and lost consciousness.
In addition to other injuries inflictedng his confinement in the camps
in the Bosnian Posavina region, this detainee had a cross cut with a
knife on his back.
Perpetrators: Damir Cindric, a.k.a. "Cindra" , the military policeman
called "Nindia" and one other still unknown perpetrator.
Evidence: 191 194-38,55/95-26 and 267194-2.7.2.11.1.3. During the summer in 1992, in the camp in Bosanski Brod,
Anto Golubovic, the camp commander, Josip Tolic and Jurica Boiic,
a.k.a. "Bajica", al1members of the HVO military police forces within the
102"~ Odiak Brigade, singled out the three brothers Pavic, from Novi
Grad, who were diggiiig the trenches with the other detainees on the
front lineduring the clombat operations. One of the brothers, Jadranko
Pavic, was wounded and they forced the other two brothers to hold
him while they started to beat him with truncheons, riflebutts and fists
- until he fainted.
Perpetrators: Anto Gc~lubovic, osip Tolic and Jurica Boiic.
Evidence: 191194-1 3
7.2.11.1.4. One other Serb detainee, who had the misfortune to be in
the camps in Odiak, in OraSje - Mahala, and also in the camp in
Brod, in the secondary school centre - the witness 593194-10 and
280195-56,born in 1967, who was first held in the camp in the district
Tulek and later in the secondary school centre,was tortured day and
night. However, the worst torturing to him happened on 5 October
1992, in the secondary school centre in Brod, on the day when several
detained Serbs managed to escape. Not only was he and the other
Serbs beaten, but their legs were also tied withropes and they were
then hanged from the basketball construction. While they were hanging,
with their heads dowin, they were pulled up a meter and more and
then the ropes were loosened so that they hit the floor with their
heads. This Serb was tortured the most by Damir Cindric and Luka
Jozic.
Perpetrators: Damir Cindric and Luka Jozic; held responsible: Anto
Golubovic, camp comrnander,
Evidence: 593194-1 0 a.nd280195-56.
7.2.11.1.5. In July 1992 in the camp in Brod, which was located in the
town stadium, Blaien Klajic, a member of the HVO, entered a premise
where the witness 584194-28, born in 1956, was held. He started to
curse and kick him, threatening that he would slaughter him. He made
him take off his clothes and lie on the stomach.Then, with the tip of a
knife, hecut a cross with 4 letters"S" on his back. The witness cursed
him, convinced that he will be killed anyway, and even wished to be
849killed since he couldn't stand the daily torturing and harassment any
more. However, he wasn't killed though he was told he would be shot.
He just beat him again.
Perpetrator: Blaien Klajic, memberof the HVO.
Evidence: 584194-28.
7.2.11.1.6. In June, 1992, in the Bosanski Brod camp, Luka Jozic,
a.k.a. "Lukica", who was at the time the camp commander, asked the
witness 584194-16 (born in 1955) who and what he was. When the
witness replied that he was a Serb, Jozic said: "lt's just the kind we
need!" He called in Drago Lepan, Petar Lepan, Mate Condric and
Zdenko Miljak, al1 dressed in HVO uniforms, and told each of them
exactly how to beat the detainee. Miljak was told to hithirn in the face,
Drago Lepan to punch him, and Petar Lepan to hit hirn when he fell
on the floor. They started carrying out their orders and the witness lost
consciousness. But before that the commander Jozicalso punched and
kicked the detainee so hard that he sdarted to sweat exceedingly.
When the detainee regained consciousness, Jozic called in lndira
Vrbanjan, a woman solicitor who worked for the local council, and told
her: "Now you know what to do next." Vrbanjan ordered him to strip,
punched, kicked and hit hirn with a stick until he fell down, andthen
kicked hirn in the genitals. She later ordered him to kiss a Croat
chequered flag, which was hangingon the wall, and to shout "Long live
Ante Pavelic!". In the following days, untilune 13, the detainee was
constantly beaten.
Perpetrators: Luka Jozic, a.k.a. "Lukica", Drago Lepan, Petar Lepan,
lndira Vrbanjan and Mate Condric; held responsible Anto Golubovic,
camp commander.
Evidence: 584194-16.
7.2.11.1.7. From April to June 1992, in a camp in the military police
headquarters in Bosanski Brod, the military policemen Ante stuc and
Drago Lepan tortured the Serb witness 584194-12 (born in 1927)
continuously. They took hirn to a room in which there were several
sharpened stakes and pliers, needles and sticks, and asked hirn if he
knew what these objects were used for. When he said he did not
know, they ordered hirn to strip naked and drove the pointed end of
850the stake up his anus. They then pulled out his teeth with the pliers,
punching and kicking him. stuc pulled out al1 but one of his upper
teeth, which was loose at the time the witness gavethe testimony.
Anto stuc was one (3f the main torturers. He used to hit the Serb
prisoners in their genital organs and enjoyed in giving them a shower
at midnight with freezing water, afier which many had high
temperature and were in agony.
Perpetrators: Ante stuc, Drago Lepan. Held responsible: Anto
Golubovic, camp comrnander.
Evidence: 584194-12.
7.2.11.1.8. One of the forms of torturing and harassing Serbs was to
cal1an detainee, and when he would come out a soldier on either side
would kick him in his ribs, and the two from the back, in the kidneys.
The one in the front would have a baseball bat with a big letter U
written on it. He would force the Serb to kiss the U letter and would
then start to beat him over his back.
Perpetrators: Anto C;olubovic, camp commander and still unidentified
perpetrators.
Evidence: 438194-14.
7.2.11.2. The humiliation, harassment and intimidation of the Serb
detainees.
The inhumane treatment of Serbs who were held in the camps in Brod
was practised here too, just like in the other camps of the Bosnian
Posavina region.
7.2.11.2.1. Several Serbs who were detained in the camps in Brod
stressed how they were threatened to be killed and tortured in case
they would refuse to have sexual intercourse with each other or with
the camp staff.
A group of Croat soidiers in the camp in Tulek, amongst whom were
Dedo OdolbaSic frorri Brod, Damir ~uma, from Brod, Dragan Lepan
851and others, forced the Serbs to felate their penis,and also forced them
to do the same to each other.
Perpetrators: Dedo OldobaSic, from Brod, Damir ~uma from Brod,
Dragan Lepan.
Evidence: 593194-33 and 584194-16 (svedotenje M.M.5ltestimony
M.M.5, Annex No. C 70, pp. c716-~7211~722-c727).
7.2.11.2.2. In 1992 in the camp in the district Tulek in Bosanski Brod
the Serb detainees were forced to 1) sing Ustashi songs, 2) to Say the
Catholic prayers, 3) to kiss theaseball bat with which.they were to be
beaten, 4) to kiss the feet of the HVO soldiers.
Held responsible: Anto Golubovic, camp commander, and otherstill
unidentified perpetrators.
Evidence: 593194-1 3, 593194-33.
7.2.11.2.3. Besides the other forms of torture, the prisoners were forced
to eat nylon stockings or to strip and stand naked for several hours.
They couldn't wash themselves for months.
Held responsible: Anto Golubovic, camp commander and other still
unidentified perpetrators.
Evidence: 280195-1 1
7.2.11.2.4. Zdenko Miljak, dressed in the HVO uniform (Croat Defence
Council) urinated into the rnouth of the Serb M.M.(584194-16),and the
Croat soldier called "Britva" urinated on the grass and forced theame
Serb M.M. to graze the grass.
Perpetrators: Zdenko Miljak, from Brod, and the Croat soldier called
"Britva". Held responsible: Anto Golubovic, camp commander.
Evidence 584194-1 67.2.11.3. The killing of the Serb detainees
In addition to being cruelly tortured, injured and humiliated, several Serb
prisoners were also killed.
1. MILAN RADOVA~IOVI~,from the village Zborigte,
2. PEJO KOSTADIN'OVIC,
3. SLAVKO CEREK, from Brod, born in LjeSca,
Perpetrators: Ante OpaEak, a.k.a. "Paraga" from Vrela, lvica Klajic,
from KriEanova.
Evidence: 584194-12, 584194-26
4. ZDRAVKO KUSL,JIC,from Brodsko Polje, municipality of Brod.
Ante stuc tortured hiim and castrated him, afier which Zdravko KuSljic
died.
Perpetrator: Ante stu'c.
Evidence: 584194-1 2
5. MlRKO PAJIC, rnusic teacher from Derventa.Died in August 1992
of the injuries from the torture in the camp in the secondary school
centre "Fric Pavlik, in Brod.
Several prisoners testified about the beating to death of the teacher
from Derventa, Mirko Pajic, in the camp in Brod, located in the
secondary school centre Fric Pavlik. Perpetrators: Anto Golubovic,
Josip Tolic and Jurica Boiic.
Evidence: 365194-3, 55195-2, 55195-9, 55195-11, 55195-16, 55195-
28, 55195-38, 55195-43, 424195-1, 424195-2, 424195-1, 424195-
1O, 424195-11, 424195-15, 424195-26, 424/95-34, 191/94-5,
280195-68, 280195-73, 280195-74, 280195-75, 584194-16.7.2.11.4. The raping of Serb women in the camps in Brod
The testimonies of many witnesses confirm thatthere was a large-scale
rape of Serb women in the camps in Brod. Not only were they raped
but were treated in an utterly inhumane way.
7.2.11.4.1. The Serb female detainee S.Z. (584194-14),born in 1928,
who lost about 20 kg. during her stay in the camp, was forced,
together with the other elderly women, to take off al1 her clothes and
then felate to the Croat soldiers. Theywere humiliated in other ways,
too. The one that molested them the most was lndira Vrbanjac, the
head warden of the female department.
Perpetrators: lndira Vrbanjac, head warden of the female department,
and other, stillunidentified perpetrators. Held responsible: Anto
Golubovic, camp commander.
Evidence: 584194-1 4, 584194-24 (svedoEenje S.V./testimony S.V.,
Annex No. C 15, pp. cl 49-cl 531~154-cl58), 584194-33
7.2.11.4.2. The Serb woman M.Dj. (witness 267194-2, 584194-32)was
taken with her husband to the camp in the sports stadium in Bosanski
Brod, on 11 September 1992. She was raped by groups of soldiers
several times. Once she was raped by 12 soldiers who were in
uniforms with the Croat checker sign, amongst whom was Drago
~abrajic, from Novo Selo. He told her that he "wanted to make her a
little Ustasha". M.Dj. describes this experience as if she were attacked
by a "pack of beasts in human disguise."
lvica Glavic, from Sijekovac, not only raped this woman but also took
her to the frontline in LuSEanito be raped by the soldiers there. "One
by one they came from the trenches as ghosts" and raped her - she
fainted and doesn't know how many soldiers had raped her there.
She was tortured and degraded in various ways - they forced her to
watch the torturing of her husband while lvica Glavic told her husband
in her presence: "My grandpa was an Ustasha, but I am an even
greater one than he. Here is your wife - take a good look at her. We
have al1f...cked her and she is like a cow now." Her husband was a
ruined man after the camp, and they areseparated now. He is living
somewhere in Vojvodina.
854One can imagine the tragic consequencesin these woman and their
families, especially the effect this had ontheir marriages.
Perpetrators: Drago ~abrajic from Novo Selo,lvica Glavic from
Sijekovac, Taib Slabic from Bosanski Brod, lvica Blaievic, a.k.a.
"cedo", from Novo Selo,Jurkovic, a.k.a. "Mangas, from Bosanski Brod,
Kadrija Mlivic from Sijekovac, DragoLepan from Bosanski Brod, Tadija
Lepan from Bosanski Brod, Lukica Jozic from KovaC, Adam Antolovic
from Bosanski Brod, Ivicaaievic from Sijekovac and someonecalled
"~i~ak" from Sijekovac. Held responsible: lndira Vrbanjac, chief of the
female ward of the camp.
Evidence: 584194-32 267194-25 ,84194-31
7.2.1.4.3. DESANKA BLAGOJEVIC, a nurse from TeSanj, was
killed during the transfer of the Serb detainees from Bosanski Brodto
Slavonski Brod. She was shot by Kadrija Milvic, from Sijekovac, who
was a member of the 10IS' osnian Mountain Brigade. Before that she
was held in the camps in the secondary schoolcentre and stadium in
Brod. Herkilling was preceded by a horrific torturing and rapingdone
by Kadrija Milvic together with Jurkovic, a.k.a. "MangaS" (first name
unknown), who was also a member of the 10lStBosnian Mountain
Brigade.
She was not only raped but awfully tortured. She was forced to sit
naked on a small kiurning cooker and they also burnt her elbows,
knees, and backside. Her burns started to fester and stink and she
was screaming and cryingal1the time. She was shot on the bridge,
during the transfer of the detainees from Bosanskito Slavonski Brod.
Perpetrators: Kadrija Mlivic, from Sijekovac, member of t101''
Bosnian Mountain Brigade, and Jurkovic, a.k.a. "MangaS", member of
the 10lStBosnian Mountain Brigade, and other still unidentified
perpetrators. Held!;ponsible: Anto Golubovic, camp commander.
Evidence:55195-2, ,267194-2,584194-32, 593 2804195-,4a,d
5841944-.1
7.2.11.4.4.he Serb woman K.S. (584194-3 1)n in 1941,was held
in the camp in the stadium fromJuly 1992.She was harassed and
855raped in the camp and has lost count how many have raped her: "1
don't know how many, but there were a lot of them". She was
repeatedly taken to some premise with a dozen soldiers inside. The
first 5-6 would rape her while she had to felate to the others during
which some of them pushed pistol barrels into her vagina. She
witnessed the raping of the other women, too.
Perpetrators: Unknown Croat soldiers. Held responsible: Lukica Jozic,
camp commander in the stadium.
Evidence: 584194-31 (svedotenje K.S.1testimony K.S., Annex No. C
101 ,pp. CI031-CI0331~1 034-CI037), 584194-24,584194-33.
7.2.11.4.5. The Serb woman S.V. (584194-24), born in 1945, was
mentally and physically harassed by the Croat soldiers of whom she
knows only the identity of Drago Lepan. Her greatest humiliation was
when she was taken to the showers where a soldier was having a
shower. He ordered her to take off her clothes and lie down on the
floor. He stood above her and masturbated so that his sperm fell over
her mouth. Then he raped her. All this was observed and jeered by a
group of soldiers who were looking through the bathroom window.
Perpetrators: Drago Lepan and other still unidentified soldiers. Held
responsible: Lukica Jozc, camp commander of the stadium camp in
Brod.
Evidence: 584194-24 (svedotenje S.V.1testimony S.V., Annex No. C
15, pp. ~149-CI531~154-cl58), 584194-31, 584/94-14, 584194-33).
7.2.11.5. The forced labor of the Serb detainees who were taken
from the camp to dig trenches at the front line even during combat
operations
As already mentioned, many Serb detainees were forced to dig
trenches on the front line, even in the course of combat operations.
Because of this many Serb civilians, detainees, were either killed or
injured.It is a fact that the organisers of such labor gave the Serbs the rote
of sitting ducks. This was nothing else but giving consent for them to
be killed.
According to the aclquired evidence the following Serb civilians -
detainees, were killed during forced labor on the front line:
1. TOMISLAV DRPIGIC, father Sreta; born in 1949, from Donja
Dubica;
2. MILAN STANKOVIC , father Steva, born in 1952, from Novi
Grad;
3. MILAN MARKO\IIC , father Sima, born in 1952, from Donja
Dubica;
4. MlLlVOJE NINKoVIC ,father Steva, born in 1955, from Trnjak;
5. KRSIC SPASOJE, father Bogdan, born in 1943, from Novi Grad;
6. STEVO TOPI~ , father Mihailo, born in 1942, from Vrbovatki
Lipik;
7. MISO SISLJAGIC:,father Jovan, born in 1967, from Novi Grad.
8. PETAR DJURI~, other data are presently unknown;
9. MISA BUMBIC, fiather Rade, from Novi Grad - Odiak;
11. JADRANKO PAVI~, from Novi Grad -Odiak
12. MILENKO BOROJEVIC, from Donja Dubica - Odiak;
13. DR. DUSAN MARCETA, from Derventa.
On 9 July 1992 Dr MarEeta, together with the other detainees from
the camp Tulek, in Bosanski Brod, was taken to dig trenches. During
the digging the guards asked whether anyone was from Drvar. When
Dr.Marteta said he was born in Drvar - they simply shot him.
857Such killing of Dr. Marëeta is nothing but sheer murder with elements
of a war crime and of genocide. This murder also depicts the risk
which the Serb civilians, who were detained in Brod and taken to the
frontlines to dig the trenches and other works, were exposed to.
Evidence: 365194-4, 365194-5, 365194-7, 593194-14, 55195-5,
55195-8, 55195-9, 55195-10, 55195-11, 55195-12, 55/95-16, 55195-
7, 55/95-22, 55195-28, 55195-43,55/95-23 (Medicinski nalazIMedica1
findings- M 15, Annex No. C 262, pp. ~2258-~22601~2261-c2263and
photos in the Annex No Cl 61, pictures No 1-2, pp. 46-47), 424195-1,
424195-2, 424195-6, 424195-8, 424195-9, 424195-10, 424195-11,
424195-16, 424195-19, 424195-20, 424195-21, 424195-26, 424195-
27, 424195-28, 424195-30, 424195-33, 424195-34, 424195-35,
424195-36, 424195-38, 424195-42, 191194-11 , 191194-5, 280195-64,
476194-7.
7.2.11.6. The Serbs detained in the camps in Brod, who were injured
during the digging of the trenches
A number of Serbs, detainees in the camp in Bosanski Brod were
taken to dig trenches even while the fiercest fighting and some of
them were injured, as a result.
They are:
7.2.11.6.1. Witness 593194-13, from Novi Grad -Odiak, born in 1965,
detained in the camp Tulek in Brod, was take to perform forced labor
and on 26 September 1992 he was injured in 7 places by a shell
explosion. He was injured in the left and the right leg, back of the
head, and in the right arm. A Croat soldier forced him to move on,
and since he couldn't, he stabbed him with a knife in the ribs, on the
right side of the back, towards the spine. He has scars of the
injuries.
Evidence: 593194-1 3.
7.2.11.6.2. The witness 593194-33 from Novi Grad - Odiak, was
wounded while digging the trenches on the front line, in the crossfire
between the Serb and Croat forces. He was injured in his left calf
and upper leg with permanent effects of the injury.
Evidence: 593194-33
8587.2.11.6.3. The father of the witness 55195-7, from Odiak, while
forced to dig the trenches together with him, was wounded in the
stomach and the left leg.
Evidence: 55195-7 (sbredoCenje~.~.ltestimon~ v.c., Annex No. C 119
pp. ~1204-12081~1209-~1213).
7.2.11.6.4. The witness 55/95-17, from Novi Grad - Odiak, who was
detained in Tulek in Brod, was wounded during the digging of the
trenches in September 1992 in Novo Selo. He was wounded in the
left hip and left arm hile his father was killed.
Evidence: 55/95-17 (Medicinski nalaz/Medical findings - M 16, Annex
No. C 263, pp. c2264-~22661~2267-c2269and photos in Annex No
Cl 61, pictures No 1-2, pp. 48-49)
7.2.11.6.5. The witness 55/95-27, born in 1970 in Gornji Svilaj, was
injured in the left shoulder blade in August 1992. He was also taken
to dig trenches in the villages of ZboriSte, Kolibe, Belo Brdo and
others.
Evidence: 55/95-27.
7.2.11.6.6. The witriess 424195-17, born in 1967, from Novi Grad -
Odiak, who was detained in Tulek in Brod, was severely wounded in
the right side of the head during the digging of the trenches in late
July 1992, near the village of KostreS.
Evidence: 424195-17.
7.2.11.6.7. The witness 424195-42, born in 1971, from Trnjak -
Odiak, who was detained in Tulek in Brod, was injured in the spine
while digging the trenches in Bosanski Luiani, in July 1992.
Evidence: 424195-42The arrests of Serb civilians began in the Orasje district in May 1992
and Serbs continued to be brought to camps till 11 July the same year.
There were mass arrests of Serbs in the village of Bukova Greda,
probably not by coincidence, on the anniversary of the victory over
fascism - on 9 May 1992. Serb civilians from OraSje and Serb women
from Bukova Greda were held in the secondary school centre in
OraSje. As already stated, fourcamps were set up in the Orasje area:
in the secondary schoolin OraSje; in the shed of Mirza Filipovic, a.k.a.
"DeljkoviS",in Donja Mahala suburb; in the elementary school in Donja
Mahala suburb; and in the elementary school in DomaSevac.According
to some estimates, there were about 400 Serbs in al1 these camps.
Most of the Serbs were civilians, though someof them were prisoners-
of-war who were likewise treated in an extremely inhuman way.
It should be stated here that the most monstrous torture of Serb
inmates took place in the camps in the OraSje area. Women were
gang-raped, men were viciously beaten, and many inmates were killed,
or died afterserious injuries.
The statements of several surviving witnesses will perhaps best depict
the way in which imprisoned Serbs were tortured and even killed just
because they were Serbs, and also describe the general conditions in
these camps.
The Serb detainees were usually told:
"You are living like mosquitoes in the middle of winter, and if we kill
any of you we shall be punished no more than if we had killed a
neighbour's piglet."
Another witness describes how the then Foreign Minister of the
Republic of Croatia, Zvonimir ~eparovic, came to the camp in Donja
Mahala and saw the conditions under which the Serb inmates were
held. When the chief warden Pero Vicentic, a.k.a. "Horse", told him
that the Serbs in this camp were the "worst criminals", ~eparovic
commented: "What else to say? -They are - Chetniks." (Witness
267/94-8)This comment by Minister ~eparovic, coupled with numerous other
evidence is self-explanatory, and unequivocallyconfirms thatofficial
Croatia, which became directly involved in developments in the former
Republic of Bosnia-Herzegovina, fully condoned the monstrous
treatment to which Serbs were subjected inese camps.
Many Serbs who were imprisoned in the camps, testified about their
ordeals and the torturiing ofothers, and also spoke about the killings in
the camps in thisregion. Other evidenceof these ordeals will follow.
7.2.12.1. Torturing and injuring of the detainees and their life
conditions
7.2.12.1. c1e.o Cvijianovic,an inmate who was killed in the shed of
Mirza Filipovic,.k.a. "Deljkovic", in Donja Mahala suburb, was tied
around his neck with a belt and then lead around the yard and
whipped over the back like an animal. While this was being done he
had to bark.
Evidence: 267194-3 267194-43 ,96195-7.
7.2.12.1 .2 . Serb P.B.(267194-6 53,7195-2w)as tortured in the most
vicious way: the guards usedpliers to pull his ears, stapled his auricles
as if they were paper, they broke al1his right ribs, knocked out several
of his teeth, hit him over his spinepierced his arm near the elbow
with the extension on the rifle for fixing the grenade launcher, they hit
him with solid abjects in his genitals. The opinion of the forensic
medical board is that as a result of the trauma which he suffered as
a detainee, he has Iiearing difficulties and there is now a depressive-
neurotic reaction in this witness which have significantly reduced his
general and vocational capacities.
The forensic medicail boar(365194S -I) has also discovered a scar
(callus) on the left shoulder blade, which is the result of its fracture at
that place, and was caused by a direct blow with some mechanical
object such as a hutt, club, bat, etc. A direct consequence of the
irregular healing of the left shoulder blade fracture, during which its
vertical axis was deformed, is the fact that the left arm in the left
shoulder joint cannot be raised above90°, and the left hand cannot
be brought to the body.The statements of the witness (267194-9,and 637195-6) confirm that
his arm was broken in the camp while he was beaten, and that his
arm was not fixed for several months. When the Red Cross provided
the fixations for the doctor to fix the arm and put it in cast, this
wasn't done by the doctor but by the camp commander Pero Vincetic,
a.k.a. "Horse"!
This witness also said that the Serbs in the camp were often forcedto
make confess, in front of the TV cameras of Croat and foreign
reporters, crimes they had never committed. To make the scene more
convincing, they did not let the prisoners shave and made them Wear
the traditional Serb cap with a badge. "When one camp inmate made
the desired statement,they put the cap with the badge on the head of
the next. and so on."
Finally, this witness saysthat he weighed 92 kilograms on entering the
camp and 58 kilograms when he left it.
Perpetrators: Pero Vicentic,a.k.a. 'Pera Horse',the camp commander,
lvica Klaic, Elvira Hadiiomerovic, a.k.a. "Amazonka", Nina Terzic, Mato
fivkovic, a.k.a. 'Rakijica', Damir Klajic, a.k.a. 'Dama', Anto MaSic,Stjepo
Djuric, a.k.a. 'Stile' and llija fivkovic, a.k.a. 'Bogo'.
Evidence: 267194-4, 267194-5,267194-9, 365194-s 1 (Medicinski
nalaz1Medical findings - s 1 ,Annex No. C 141, pp. c1446-
cl 4481~1449-cl451 and photos in the Annex No C161, pictures No 1-
2, p. 50), 396195-7, 637195-2 (svedotenje P.B.1testimony P.B., pp.
c55-~581~59-c65,Annex No. C 8), 637195-6.
7.2.12.1.3. The witness Z.S. (267194-4)was exposed to many kinds
of physical and mental torture; he was beaten with a metal chair, and
on one occasion llija fivkovic, a.k.a. "Bogo" "put a slipper into my
mouth for me to hold until he returns from the municipality office".
They also threatened him that they will cut in two parts him with a
motor saw, but to him the worst was when they tortured him in front
of his father and his father in front of him.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse", Mato fivkovic, a.k.a.
"Rakijica", Anto iivkovic,a.k.a. "iika",Mato Klajic, a.k.a. "Bandio",
Damir Klajic, a.k.a. "Dama", llija iivkovic, a.k.a. "Bogo", MarkoKneievic, a.k.a. "Lona.",Stjepo Djuric, a.k.a. "Stile" and Mirko Vicentic,
a.k.a. Sore".
Evidence: 267194-4, 396195-7.
7.2.12.1.4. The camp commander, Pero Vicentic,a.k.a. "Pero Horse",
had a habit to hit the Serb detainees, for example the late Andrija
Gavric, the witnesses C.B., C.J, and others with the flat of the spade
on the back, saying how he liked the sound of the spade hitting the
back and he forced the prisoners to sing the following Song while
they were beaten: 'We Ustasha are rascals and rogues, that's why the
Serbs are floating down theDrina".
Evidence:267194-7
7.2.12.1.5. The Serb, witness J.C., whois one of those that survived
the camp, was exposedto tremendous torture of the camp commander
Pero Vicentic,a.k.a. "Pero Horse" and the other guards.
Pero Vicentic, a.k.a. "Pero Horse" ruptured the skin on the witnesses'
head with a bat, stapled hisears, hit him against thewall while he was
al1tied up, trampled on him, and when thewitness was once unable to
stand the pain any rnore and begged to be killed, one of the guards
told it:
"lt's no problem for us to kill you. We just want youto suffer first."
The forensic medical board that examinedJ.C. found that "there is a
chronic post-traumatic stress disorder reaction, and secondary
alcoholism in toxicstage in J.C. as a consequence of the physical
and mental traumatic events from the camp.This has significantly
reduced his general and work capacities."
Perpetrators: Pero Vicentic, a.k.a. 'Horse', Mato iivkovic, a.k.a.
'Rakijica', Damir Klajic, a.k.a. 'Dama', lvica Klajic, Mirko Juric, a.k.a.
'Kemi', Marko Juric, a.k.a. 'Jurka', Mata ëikin, a.k.a. 'Matko' (who was
at one time Pero L1icentic'sdeputy), Marko Maskaljevic, a.k.a. 'Dulo',
Nikola Filipovic, a.k.a. 'Nikso', his brother Ivo Filipovic,a.k.a. 'Corak'
(also deputy of Pero Vicentic for a time), Jova, a.k.a. 'KreSo', feljko
~ivkovic, a.k.a. 'rika', Anto Klajic, a.k.a. 'Badio' and Pejo Filipovic,
a.k.a. 'Babo'.
863Evidence: 267194-7, 267194-8, 365194-5-6 (Medicinski nalaz1Medical
findings - s 6, Annex No. C 252, pp. c2183-~21861~2187-c2190and
photos in the Annex No. C161, pictures No 1-2, p. 52), 794195-8-23,
679195-37
7.2.12.1.6. They tortured the Serb C.M. (267194-1 0, 396195-1 0) by
pulling parts of his body with pliers, broke his teeth, striped hirn naked
and then beat hirn in the genitals while 4 guards would hold hirn by his
arms and legs. Pejo Filipovic, a.k.a. "Babo" hit hirn in his genitals. The
detainees were forced to beat each other; they pulled wire through the
ears of some prisoners and then hanged planks onthem, during which
they laughed saying "what a punk".
Perpetrators: PeroVicentic,a.k.a. "Pero Horse", camp commander, Pejo
Filipovic, a.k.a. "Babo", Mato iivkovic, a.k.a. "Rakijica", Stjepo Duric,
a.k.a. "Stile", Damir Klajie, a.k.a. "Dama", Juric Mirko, a.k.a. "Kemi".
Evidence: 267194-1 0, 396195-10.
7.2.12.1.7. The witness 267195-11 stated that Damir Klajic, a.k.a.
"Dama" pierced his hand with a knife. He once riveted one of his
hands to a table and made hirnsing an Ustasha Song. Then he told
hirn to put the other hand on the table, but gave up riveting the other
one to the table with an explanation that he sang the Ustashi Song
well.
This witness stated that many policemen, led by Pero Vicentic, a.k.a.
"Pero Horse", tortured the Serbs. Those that were outstanding in the
torturing were Pejo Filipovic,.k.a. "Babo", his sons Ivo Filipovic, a.k.a.
"~orak and Nikola Filipovic, a.k.a. "Nikso", Damir Klajic, a.k.a. "Dama",
livica Klajic, Mato iivkovic, a.k.a. "Rakijica", and StijepoDuric, a.k.a.
"Stile".
Evidence: 267195-11, 396195-9,637195-5,and the findings and opinion
of the forensic medical board.
7.2.12.1.8. Several Serb detainees gave testimony about the very bad
accommodation and hygiene in the camp in Donja Mahala. They were
imprisoned with about 20 other prisoners in a room the size of about
10 square meters. When it was hot the premise was terribly stuffy and
864stinking. The detainees relieved themselves in some buckets which
were in the same premise and were scarcely emptied.They had no
water even for the most basic hygiene.
Evidence:367194-123 ,96195-36,37195-42 ,67195-11etc.
7.2.12.1 .9e. Serb M.K., born in1955,who is classified a267194-
12, was held in Orasje and Donja Mahala. He testified that he and
the other Serbs weri? beaten with truncheons and kicked over the
backs and elsewhere over the body. Nine of his ribs were broken, his
nails were pulled out ffromhis toes, they pushed a rubber hose into his
throat andthen turned the running wateron.
The forensic medicall board found that the "region of the Adam's
apple is deformed because of a larger thyroid cartilage fracture, left,
whereby its posteriorall is depressed. This depressed fracture of
the thyroid cartilage must have caused injuries to the interior throat
structures,uch as haemorrhage and swelling of the tissu- mucous
and submucous tissiie, vocal cords, etc. This had to result in the
narrowing of the respiration paths, and consequently to difficulties in
breathing."
Perpetrators: Pero Vicentic, camp commander, Mato iivkovic,a.k.a.
"Rakijica", and others.
Evidence: 267194-1 Medicinski nalazlMedical findin-sB 1 Annex
No. C 146, pp. ~1466-~14681~1469-c an4dp2hoto in the Annex No.
Cl 61,pictures No1-2, p.53),396195-3,637195-4.
7.2.12.1.10.he Sert) N. M., born i1939,bearing the sign267194-13,
was shot on 27 September 1992 by an Ustasha called 'Drnda', from
Vidovica, in the right arm with a dumdum bullet by which his right arm
was shaîtered. They operated him and amputated hisarm at the elbow.
Then they returned him to the camp, although the wound had not
healed. When he asked Doctor Krunoslav Vukovic fora bandage, he
said: 'You're not entitledto one."'
On examination, themedical forensic board found that this Serb, who
was frequentlytakeri with the other detainees to the front line to dig
trenches, hasbilaterialhearing difficulties as a result of being exposed
to constant intensedetonations for a long periodof time. They also
865found that there is a major reduction in his general and vocational
capacitiesbecause of the amputed right forearm.
Perpetrators: Pero Vicentic,a.k.a. "Pero Horse", the camp commander,
and an unidentifiedperson called "Drnda".
Evidence: Findings and opinion of the forensic doctors and psychiatrist
794195-9-7,267194-13, 396195-2 and 637195-1.
7.2.12.1.11. Manyof the Serbs testified about the extremely bad food
in this camp. The detainees were given a small piece of bread and
several spoons of some broth a day. However, sometimes they were
given no food at al1for a couple of days, nor water for2-3 days. Many
lost several dozens of kilograms in weight.
Held responsible: Pero Vicentic,a.k.a. "Pero Horse".
Evidence: 584194-20, 158195-1, 158195-2, 158195- a4n,d many others,
also: Medicinski nalaz1Medicalfindings - B 10 (Annex No. C 138, pp.
cl423-~14251~1426-cl428 and photo in the Annex No C161, picture
No 1, p. 81)
7.2.12.1.12. The Serb V.M. from BrSko, born in 1952 (267194-9),gave
a detailed testimony of the various tortures and suffering of the Serbs
in the camp, and especially about his ordeals in Donja Mahala where
he was taken on 4 May 1992 and was held several months during
1992 and 1993.
He was mostly beaten with baseball bats, chairs, and with other
objects, he was trampled on, six of his ribs were injured, as well as his
jaw, eyeballs, head; they rubbed his body with a red-hot poker after
which he has scars, he was forced, like the other detaineesto felate
on each others genitals, they pushed wooden sticks into his anus, he
said they pierced the prisoners' tongues and then forced them to sing.
They also pierced their hands.
The forensic medical board examined V.M. twice and found results of
injuries onhim. It is also stated in their Opinion that a post-traumatic
stress disorder has developed in V.M. as a consequence of the
physical and mental trauma suffering experienced in the camp, which
has significantly reduced his general and vocational capacities.
866The findings and opinion of this board confirm the testimony of this
victim -witness.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse", Mato ~ivkovic, a.k.a.
"Rakijica", Damir Klajic, a.k.a. "Dama", Mirko Juric, a.k.a. "Kemi" and
llija Zivkovic, a.k.a. "A;akijica".
Evidence: 637195-6(svedoeenje V.M.1testimonyV.M., Annex No. C 60,
pp. c600-~6071~608-c618), 365194-6-2 (Medicinski nalazlhnedical
findings - B 2, Annex No. C 245, pp. c2105-~21081~2109-2112),
794195, 267194-9
7.2.12.1.13. The witness v.c., born in 1939, Pero Vicentic, a.k.a. "Pero
Horse" ordered him to put his hands on the table, and then he stabbed
the left palm with a screwdriver. But since it did not start bleeding
immediately, he stabbed the right palm too. Then he burnt his beard
with a lighter (al1the prisoners had beards since they could not shave.
They pierced his ear with wire and hanged a plank on it.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse", Mato Zivkovic, a.k.a.
"Rakijica", Damir Klajic, a.k.a. "Dama".
Evidence 55194-7 (s\redoEenje ~.~.ltestimon~ v.C., Annex No. C 119
pp. cl 204-12081~1209-cl213), 280195-1 1 and the forensic board report
365194-111-7.
7.2.12.1.14. There is other evidence that Pero Vicentic, a.k.a. "Pero
Horse", Damir Klajic, a.k.a. "Dama", Mato ~ivkovic, a.k.a. "Rakijica",
Pejo Filipovic,a.k.a. "Babo" and others committed various crimes over
the Serb detainees;
For Pero Vicentic, a.k.a. "Pero Horse" evidence: 365194-2, 365194-5,
424195-5, 424195-1 9, 424195-26, 424195-38,191194-11, 191194-13,
55195-27.55195-43.
For Damir Klajic, a.k.a. "Dama" evidence: 191194-11, 191194-13,,
55195-2, 191194-11, 191194-1 3.
For Pejo Filipovic, a.k.a. "Babo" evidence: 191194-11, 191194-13,
55195-2.
867For Mato ~ivkovic, a.k.a. "Rakijica" evidence: 55/95-27
For Elvira Hadiiomerovic evidence: 191194-13.
7.2.12.1.15. The camps in the OraSje area were not only meant for
Serb civilian prisoners. Serb prisoners-of-war were also held there.
They were killed, tortured and subjected to inhuman treatment that
caused them great suffering and endangered their physical integrity.
This is best seen in the eye-witness accounts - in the statements of
the victims of crimes, violating international law, whlch were committed
in these camps.
For example, 10 Serbs from Borovo Selo,who went to the OraSje front
to support the Serbs, were captured on 30 September 1992,disarmed
and imprisoned in the elementary schoolin OraSje,where Serb civilians
were also held. They were kept in the same conditions, and most of
these prisoners remained in the camp until 19 September 1993. D.B.,
who was later transferred to Zagreb, Mostar and other places, was
exchanged on 30 August 1993. However, two prisoners from this
group, Milan Klipanovic and Milivoja Maksimovic, a.k.a. "Minja" from
Borovo, died of the wounds inflicted in the camp (see: 3.4.3.8. and
3.4.3.9.).
Besides confirming the facts concerning the torture andmurder of Milan
Klipanovic and Milivoje Maksimovic, who were captured and taken to
the camp with them (they add that Pero Vincetic wounded M.M. by
shooting him in the thigh from point blank range,after he had replaced
the lead in the gun cartridge with salt), these witnesses also speak
about the accommodation, food andhygiene in the camp, and about
the ways in which Serb war prisoners and other inmates were tortured.
These prisoners-of-war were exposed to severe torture and were with
extreme brutality treated. For this they used knives, red-hotetal bars,
electricity, wooden planks, bats.lmost al1suffered this inhuman torture
and have similar testimonies. Theydescribed in detail everything that
happened, and only some common details will be given to avoid
repetition.
The witness M.V. (158195-1)had to protrude his tongue to a soldier
and when doing this the guard, who ordered this, pierced his tongue
868with a kitchen knife (this is confirmed by the statement of 158195-5,
whereby this detainee stated that the perpetrator was Damir Klajic,
a.k.a. "Dama"). They also poked the palmsof the detainee M.V. with
knives, burnt his arms, palms and face with red-hot metal bars, broke
his lefi auricle and loiver jaw.
The witness G.S. stated that they stapled his ears and after that
connected the stapleir to some charged device and turned the power
on. They made the prisoners connected to this device kiss each other
and their beards would sizzle because of the electricity.
On one occasion Pejo Filipovic, a.k.a. "Babo" pushed a red-hot bar into
his mouth.
The witness D.M. (158195-4)said that to him the daily beating with the
club, which the guarclscalled "Srbijanka" was the worst.
Witness M.M. (158195-5) said that Pero Vicentic, a.k.a. "Pero Horse"
shot with a gun the! now late Milivoje Maksimovic in his right thigh,
previously putting salt into the bullet.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse", Damir Klajic, a.k.a.
"Dama", Mato Zivkovic, a.k.a. "Rakijica", and Pejo Filipovic, a.k.a.
"Babo".
Evidence: 158195-1, 158195-2, 158195-3, 158195-4, 158195-5,
158195-6,158195-7.
7.2.12.2. The rape of the Serb women
The women were daily raped in the camp in Donja Mahala, and as a
rule - always in a group. The harassment of the Serb women always
preceded the rape.
7.2.12.2.1. The Serb woman, 267/94-2, was raped several times by
Mato Baotic,aka "~ikin", Damir Klajic, a.k.a. "Dama", Pero Vicentic,
a.k.a. "Pero Horse", Mato iivkovic, a.k.a. "Rakijica" and by other,
mainly young soldiers. On one occasion Mato Baotic,aka "~ikin" first
raped the Serb wornan M.R. while the witness was forced to observe
this, naked, and then raped her too on a bench.
869Perpetrators: Mato Baotic,aka "~ikin", Damir Klajic, a.k.a. "Dama", Pero
Vicentic,a.k.a. "Pero Horse", Mato iivkovic, a.k.a. "Rakijica" and other
still unidentified accomplices in the raping and harassmentof M.Di.
Evidence: 267194-2, 584194-32 (svedotenje M.Dj./testimony M.Dj.,
Annex No. C 29, pp. c301-~3041~305-c308)
7.2.12.2.2. The witness 267194-16, whowas held in the camp in OraSje
from 11 to 30 June 1992 was frequently harassedin many ways. They
threatened that they would slaughter her andraped her. There were
some who she recognised in the group of 11 men that raped her. The
most brutal in the rape were Mato ~ivkovic, a.k.a. "Rakijica", Damir
Klajic, a.k.a. "Dama", Pejo Filipovic, a.k.a. "Babo", Ivo Filipovic, Pero
Vicentic,a.k.a. "Pero Horse" - " a man with no mercy and very brutal,
who was the chief in the camp". They raped a woman from Gajevo,
near OraSje, in front of her husband. This Serb woman I.D. went mad
because of the tormenting. During the exchange she was shouting:
"Stop coming, please. Why are you doing this to me. Let me go. Your
coming again, one by one..." The poor woman was not aware she was
to be free, she thought they were coming to rape her again.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse",the camp commander,
Mato ~ivkovic, a.k.a. "Rakijica", Damir Klajic, a.k.a. "Dama", Nikola
Filipovic, Ivo Filipovic, Pejo Filipovic, a.k.a. "Babo".
Evidence: 267/94-16, 396/95-4.
7.2.12.3. Serb detainees who were killed or died of injuries in the
OraSje region camps
A number of detainees, both civilians and prisoners-of-war,were killed
in the OraSje region camps. Only those cases for which evidence has
been gathered will be mentioned. Alas, the number of those that died
in the camps is larger.
1. MILORAD DANILOVI~, killed on 8 December 1992, from Gnionica -
Odiak, born in 1944, father's name Simo, detainee in the camp in
Donja Mahala in the OraSje region. That crucial day he and the
detainees J.G. and T.S. were taken to dig a trench for ammunition. A
870guard approachedthern and threw a pack of cigarettes into the trench
where G. and S. were digging. When they helped themselves to a
cigarette each they threw the pack to DanilovicW . hen he started for
the pack three Croat soldiers appeared and one of them shot Danilovic
with burst fire. Hethe11ordered the witnessesto bury Danilovié'sbody,
but afierwards changelcihis mind and told them to dig it out and carry
it to a vehicle behind the front line. The guard told them not to tell
anybody about what had happened but to Say that ''the Serbs shot
Danilovic.
Evidence:280196-56, 593194-1 0, 280195-1 2, 593194-12.
2. PERO GAVRI~, born in 1947, father's name Milan, from Bukova
Greda, killed in the camp OraSjein May 1992, and then hanged in the
gym bathroom to precientthe murder as a suicide (since his son, MiSo
Gavric, was killed before that and he was told about it).
The witness V.S., 26;7194-14saw Mato Zivkovic, a.k.a. "Rakijica" hang
Pero Gavric in the nightof 10111 of May 1992.
Perpetrator:Mato iivkovic, a.k.a. "Rakijica"
Evidence: 267194-14, 267194-5, 267194-4, 396195-6 (svedoeenje
S.V.1testimonyS.V., Annex No. C 249, pp. c2158-21611~2162-c2164)
396195-7, 396195-8,1637195-3,679195-37.
3. ACIM CVIJANOVI~, born in 1937, father's name Milan, from
Bukova Greda, killed, after being severely beaten, in the camp Orasje
on 14 July 1992 by lvica Klajic and Damir Klajic, a.k.a. "Dama",
members of the military police in OraSje.
The witnesses confirrn that Acim Cvijanovic wasterribly tortured, while
the witness 267194-14 and 637195-3 stated that before he was killed
they firstcut the skin on his head and gouged out both eyes. This
witness bandaged his head.
Perpetrators: lvica Klajic and Damir Klajic, a.k.a. "Dama".
Evidence: 267194-4, 267194-5, 267194-11, 267194-14, 267194-12,
637195-3, 679195-23, 679195-35, 679195-37,679195-38.4. RANK0 STOJNI~, born in 1956, from Omarska, killed in the
camp in Donja Mahala on 17 August 1992 after been severely beaten
by Mirko Juric, a.k.a. "Kemi", Damir Klajic, a.k.a. "Dama" and Mato
~ivkovic, a.k.a. "Rakijic-"al1members of the OraSje military police.
Perpetrators: Mirko Juric, a.k.a. "Kemi", Damir Klajic, a.k.a. "Dama"
and Mato Zivkovic, a.k.a. "Rakijica". Held responsible: Pero Vicentic,
a.k.a. "Pero Horse", the campcommander.
Evidence: 267194-4, 396195-7and 267194-8.
5. PERO CVIJANOVI~, born in 1928, father's name Stevo, from
Bukova Greda, killed in the camp in OraSje by Mato iivkovic, a.k.a.
"Rakijica", who slaughtered him in 1992 (the exact date was not
established). -
Perpetrator: Mato iivkovic, a.k.a. "Rakijica". Held responsible Pero
Vicentic,a.k.a. "Pero Horse", the camp commander.
Evidence: 267194-4, 267194-1 4, 396195-6, 396195-7, 637195-3,
679195-23, 679195-35.
6. ANDRIJA GAVRlC, born in 1949, father's name DuSan, from
Bukova Greda, killed in October 1992 in the camp in Donja Mahala
after being tortured for several days.
Andrija Gavrie died on 29 October 1992, in the premises where the
detainees 267194-14, 637195-3 and 396195-6 were held, A Croat
soldier in an Ustashi uniform with Ustashi insignia pushed a
truncheon al1the way down his throat after which Andrija Gavric died.
Perpetrator: Still unknown Croat soldier. Held responsible for the
crime: Pero Vicentic, a.k.a. "Pero Horse".
Evidence: 267194-4, 267194-11, 267194-1 4, 267194-8, 637195-5,
637195-3, 396195-7, 396195-9, 396195-6, 679195-32, 679195-35.
7. MANOJLO MALINKI~, from Bosanska GradiSka. After several days
of persistent torture died in 1992 in the camp in Donja Mahala. He
was injected petrol in the vein.According to the testimonies 267194-9 and 637195-6, the prisoners
were mostly beaten to death. However, in some cases the prisoners
were injected petrol in their veins with standard injections, just like
this witness, after which some died. This 'witness was also injected
petrol but was lucky enough to survive.
Perpetrator: still unk~nownCroat soldier. Held responsible for the
crime: Pero Vicentic,a.k.a. "Pero Horse".
Evidence: 267194-4, 267194-9, 267194-11, 267194-14, 637195-6,
637195-3, 396195-6, 396195-7, 396195-9.
8. MILAN KLIPANQVIC, detainee from Borovo, killed in summer
1992 - exact date not established, in the camp in Donja Mahala after
being beaten for several days.
The witnesses stated that the late Klipanovic and Maksimovic, both
from Borovo, were tortured the most by the military policemember
of the 106'~ OraSje Brigade Elvira Hadiiomerovic, a.k.a. "Amazonka",
and the guard Pejo Filipovic. They poked them with a red-hot bar al1
over the body, on the head, cheeks, ears, and he too was injected
petrol.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse", the camp
commander, Elvira tiadiiomerovic, a.k.a. "Amazonka", and the guard
Pejo Filipovic, aswell as other still unidentified individuals.
Evidence: 267194-4, 267194-8, 267194-9, 2671941-, 267194-14,
396195-7, 396195-51, 396195-6, 637195-6, 637195-5, 637195-3,
637195-2, 158195-1, 158195-2, 158195-3, 158195-4, 158f95-5,
1581956-, 158195-7, 191194-11, 422195-1.
9. MlLlVOJE MAK~SIMOVIC,a.k.a. "Minja", prisoner of war from
Borovo, killed in the camp in Donja Mahala during the summer 1992
(exact date unknown) as a result of the torturing by Elvira
Hadiiomerovic, a.k.a. "Amazonka" and Pejo Filipovic, who poked him
with a red-hot bar al1 over his body, cheeks, ears, while Pero
Vicentic,a.k.a. "Perlo Horse", the camp commander, shothim in the
leg with a shotgun. He kept hitting him on the wounds in the leg so
that Maksimovic would bleed to death, while Damir Klajic, a.k.a.
"Dama" pierced his hands with a knife. He was injected petrol, too.
873Held responsible for this crime: Pero Vicentic, a.k.a. "Pero Horse",the
camp commander.
Perpetrators: Elvira Hadiiomerovic, a.k.a. "Amazonka", Pejo Filipovic,
Damir Klajic, a.k.a. "Dama" and other still unidentified individuals.
Evidence: 267194-4, 267194-5, 267194-9, 267194-8, 267194-11,
267194-14, 396195-7, 396195-9, 637195-2, 637195-6, 637195-5,
637195-3, 158195-1, 158195-2, 158195-3, 158195-4, 158195-5,
158195-6, 158195-7, 424195-1, 191194-1 1, 422195-1.
10. ZARKO RISTANIC, born in 1955, father's name Savo, from
OraSje. Tortured and killed in the camp in Donja Mahala on 3
February 1993 after four days of persistent beatings. He was beaten
the most by Marko Benkovic, a.k.a. "Balkan" while Mirko Juric, a.k.a.
"Kemi" killed him.
During the torturing they cut his fingers with a knife.
Held responsible for this crime Pero Vicentic, a.k.a. "Pero Horse", the
camp commander in Donja Mahala.
Perpetrators: Juric Mirko, a.k.a. "Kemi" and Marko Benkovic, a.k.a.
"Balkan".
Evidence: 267194-4, 267194-8, 267194-11, 267194-9, 267194-14,
396195-7, 396195-9, 396195-6, 637195-6, 637195-3, 679195-31,
679195-38.
11. IGNJATIJE ARSENIC, from VuCilovac - BrCko,unknown the exact
date of killing in 1992 in the camp in Donja Mahala aiier several
days of beatings by as yet unidentified members of the military
police.
Perpetrator: still unknown Croat soldier. Pero Vicentic, a.k.a. "Pero
Horse" is held responsible for the crime.
Evidence: 267194-4, 267194-11, 267194-14, 267194-8, 396195-7,
396195-9, 396195-6, 637195-3,679195-1 5.12. BOGDAN BLAGOJEVIC, from Jasenica - Srebrnik, unknown the
exact date when he vvas killed in 1992 in the camp in Donja Mahala
after torture by as yet unknown members of the military police.
Perpetrator: still unidentified Croat soldier. Pero Vicentic, a.k.a. "Pero
Horse" is held responsible for the crime.
Evidence: 267194-4, ;and396195-7.
13. MARK0 NIKOLIC, from Vuëilovac - BrCko, born in 1910, died as
a result of maltreatment on 30 January 1993 in the camp in Donja
Mahala
Perpetrator: still unknown Croat, member of the military police.
Evidence: 267194-4, 396195-7,637195-1and 617/95-21.
14. PETRA OSTOJIC:, from Vuëilovac - BrCko, born in 1910, died in
1992 after harassment in the camp in Donja Mahala. The exact date
of death is unidentified.
Perpetrator: still unidentified Croat soldier. Pero Vicentic, a.k.a. "Pero
Horse" is held responsible for the crime.
Evidence: 267194-4. 396195-7and 637195-1.
15. CEDO CVIJANC)VIC,from Bukova Greda - OraSje, father's name
Mladen. On 10 May 1992, after being tortured and after two of his
fingers were cut off (the right hand thumb and little finger) in the
camp in Donja Mahiala he was profusely bleeding. They took him
from the camp that night and killed him. He was murdered by Mato
~ivkovié,a.k.a. "Rakijica", member of the 106'~ Orasje Brigade.
Held responsible :Pero Vicentic, a.k.a. "Pero Horse", camp
commander in Donja Mahala and Mato ~ivkovic, a.k.a. "Rakijica",
member of the 106'~OraSje Brigade.
Evidence: 267194-5, 267194-14, 637195-2, 637195-3, 637195-35,
396195-6, 396195-8.
16. MAKSO GAJI(>, from Lonëari - OraSje, killed in the camp in
Donja Mahala on 12 May 1992.
875Several imprisoned Serbs witnessed the death of Makso Gajic. He
was slaughtered. The testimonies of the witness 267194-5 and 637/95-
2 on the death of Maksa Gajic are appalling.
"...DK came to the camp with Pero Vicentic, a.k.a. "Pero Horse", the
camp commander and Pero askedhim: 'Which one do you want?' To
which the former replied 'This one. He pulled out a knife with his
right hand and grabbed the hair of Makso Gajic with his left, then
stabbed him in the neck. The blunt side of the knife was up, and the
blade down. Gajic did not utter a sound, he just stared at him while
the blood poured down through both ends of the wound. We were
al1stunned by this scene. Pero Vicentic, a.k.a. "Pero Horse" then told
him: "F...k your Jesus, I'm not going to soi1 my car", .while Kalinic
answered: "What I have started - I will finish". They carried him away,
al1covered with blood to shoot him.
Perpetrators: Pero Vicentic, a.k.a. "Pero Horse", the camp
commander and Dragan Kalinic, member of the ZNG from Osijek.
Evidence: 267194-14, 267194-1 2, 267194-11, 267194-8, 637195-3,
396195-9, 396195-13, 396195-6, 679195-23, 679195-25.
17. ALEKSANDAR PETROVI~, aka Aco, born in 1951 in Bukova
Greda OraSje; killed in the camp in Donja Mahala on 13 June 1993,
after several days of beating, mostly by Pero Vicentic, aka"Pero Konj
(Horse)", Marko, aka "Lono", and Marko Moskovljevic, aka"Dulo".
Perpetrators: Pero Vicentic, aka"Pero Horse", Marko,aka "Lono", and
Marko Moskovljevic, aka "Dulo",
Evidence: 267194-8, 267/94-11,396195-9, 267/94-12, 396195-13,
267194-14,396195-6,6371953, 67919523 and 67919535
18. LUKA PEKI~, born in 1963, father's name Janko from Bukovac -
BrCko,killed in Donja Mahala on 26 May 1992.
According to the statement of the witness 267194-8, Luka Pekic was
killedbecause he owned a hotel and had a life insurance policy in
Austria. They not only wanted to kill him but wanted to profit, too.
They beat him with planks, put his head in a clamp and squeezed it,
the witnesses also state that he was shot with a shotgun with salt
876put in the cartridge, so that the wound did not heal well. They kept
hitting him in the woiund,too.
Held responsible: Pero Vicentic, a.k.a. "Pero Horse", the camp
commander and still unidentified perpetrators.
Evidence: 267194-8, 267194-9, 267194-10, 267194-11, 396195-9,
679195-38, 637195-6.
19. SAVO SARI^, from Bukova Greda, born in 1940, father's name
Djuro, died on the riight of 6R July 1992 after being beaten by Anto
Klajic,~eljko ~ivkovik, a.k.a. "iika" and Ivo Zivkovic, a.k.a. "Bogo". He
was also tortured by thirst.
They pushed a bat into the throat of Savo Saric the night he died,
and being desperate for water, he drank his own urine.
Perpetrators: Antci Klajic, ~eljko ~ivkovic, a.k.a. "iika" and Ivo
Zivkovic, a.k.a. "Bogo". Held responsible Pero Vicentic, a.k.a. "Pero
Horse".
Evidence: 267194-11, 267194- 14, 679195-23, 679195-37, 496f95-
9, 637f95-3, 396195-9.
20. RADOJKA BC)~ lc, maiden name Saric, born in 1932, died in
1992 after the injuries in the camp.
Held responsible: Pero Vicentic,a.k.a. "Pero Horse".
Evidence: 396195-5, 679195-34, 679195-37and 267194-16.
7.2.12.3. The detainees who were killed or injured during the forced
labor -the digging lof trenches in the area of OraSje
7.2.12.3.1. The following Serb detainees were killed while the digging
trenches and while doing other works on the front line during the
combat operations:
1. OSTOJA NINKOVI~, born in 1966 in Novi Grad - Odiak, father's'
name Milo;
8772. VID PAVI~, born in 1956 in Novi Grad - Odiak, father's name
Milenko;
3. STOJAN LESIC, born in 1955 in Novi Grad , father's name
Mihajlo;
4. CEDO MILOJEVI~, from Lipik, the establishing of his other data
is in course;
5. LJUBOMIR STOJKOVI~, veterinarian from OraSje;
6. BRANISLAV CVIJANOVIC, born in 1969, father's name Pero,
from Bukova Greda - OraSje, and
7. LJUBO STOJANOVIC, from Slavonski Brod - the establishing of
his other data is in course.
For these crimes Pero Vicentic, a.k.a. "Pero Horse" is held
responsible.
Evidence: 637195-1, 365194-7, 55195-6, 55195-16, 55/95-28,
55/95-43, 424195-8and 424194-26.
7.2.12.3.2. While digging trenches and during the combat operations
in the region of OraSje, the following individuals were also killed
besides those already mentioned above:
8. ZIVKO TATIC, from Novi Grad (evidence: 593194-14, 365194-5,
55/95-28)
9. MlLlVOJE MILIVOJEVIC, from Donja Dubica, born in 1940
(evidence: 55195-5, 55195-1 3, 55/95-22), and
10. SLOBODAN B~ELIC, from Donja Dubica (evidence: 55195-5,
55/95-22) who were also held in the camp in Donja Mahala -OraSje.
7.2.12.3.3. While digging trenches during the combat operations in the
area of OraSje, the following Serbs - detainees that were imprisoned
in the camp in Donja Mahala in OraSje were injured:1. CEDA PAVIC,
2. BORO RAKIC,
3. OSTOJA SLJAGI(>,
4. ~ELJKO TOMIC,
5. MILORAD VUKO\JIC,
6. MlKO KALABIC,
7. RADE PAVI~,
8. BRANKO TESIC,
9. LUKA VASILJEVIC,
10. ILlJA MAKSIMO\llC,
11. STOJAN STEVANOVIC,
12. SPASOJE RISTANIC,
13. CVlJETlN OURKANOVIC,
14. MARK0 VLADISAVLJEVIC,
15. ZORAN ZARI~,
16. NEDELJKO MAHIC,
17. SRETKO DRAGQJLOVIC,
18. MILAN TATIC,
19. BO~IDAR KRSIC,
20. ILIJA VUKOVIC,
21. STEVO GORAN8OVlC,23. RADOVAN POPOVI~,
24. RADIVOJE DJURI~ and
The establishing of other data is in course.
Evidence: 593194-1 4, 593194-12, 424195-5, 365194-5, 55195-9,
55/95-28, and the findings and opinion of the forensic medical board
365194-S-11, 365194-S-1 3, 584194-20, 637195-1and 679195-23.
It has already been mentioned that during 1992 and 1993 several
camp facilities had been arranged for the detention of Serbs in the
municipalityBrtko.
On grounds of available evidence we shall depict the conditions and
torturing of the Serb detainees who were held in the camps in village
Rahic - Ulice, Zovik, MaoC,and in the village Boc.
7.2.13.1. The camp in Rahic
Many Serbs were detained in the village Rahic. Many witnesses that
survived the camps, though many with major mental and physical
trauma consequences, told about the conditions in which they lived.
The authenticity of their claims is supported with evidence.
The statements established that the main perpetrators and torturers of
the Serbs in the camps in Rahic were:
1. NUFIK IBRAHIMOVI~, (evidence: 617195-2)
2. SAMIR LISIC (evidence: 617195-2)3. MIRSAD MEHMEC~BASI~ (evidence:679195-18)
4. MENSUR PELJTO (evidence:617195-2, 617195-18, 679195-18,
579195-17)
5. ANDELKOJURKC)VI~,a.k.a. "Gaga"(evidence:634195-9)
6. "CAR MAKLJA"(evidence:617195-2)
7. GALlB HADZI~ (evidence:617195-7, 13, 14,36, 679195-17, 18, 33,
638195-8, 9, 11, 12, 640195)
8. OMER CAUSEVI~ (evidence:617195-20, 679195-18, 634195-2
and 9, 638195-10)
9. ILIJA KELAVA (evidence:617195-1 7)
10. RASID BILJI~ (evidence:679195-18)
11. VESNA, from Giunja(evidence:679/95-17, 679195-18)
12. MIRSAD LI SI^~(evidence6:791957)
13. DAMIR SULJIC ,.k.a. "Makija"(evidence:679195-17, 634195-8)
14. OSMAN OSMANOVI~ , a.k.a. "Osmo"(evidence:679195-17)
15. VlNKO Bl~lc , a.k.a. "Bili"(evidence:679195-17)
16. ASMIR TATARE!VI~(evidence:617195-1 8, 679195-17, 679195-18)
17. IVlCA MAJKI~ (evidence:679195-19)
18. MEHMED KOMHIC (evidence:638195-2)
19. ARMIN TATAREVI~ (evidence:638195-2)
20. NlJAZ KALI^ 3.k.a."Bego"(evidence:638195-9, 10, 12)
21 . NlJAZ HAD~I~ (evidence:679195-1 8)22. OSMAN IMAMOVI~ (evidence: 679195-1 8)
23. NOVALIJA FAZLOVIC (evidence: 679195-8)
24. SENAD LISIC (evidence: 617195-7)
25. FERID FAZLOVI~ (evidence: 617195-1 8, 638195-9)
Evidence: 634195-8,(svedotenje R.B./testimony R.B., pp. c22-~241~25-
c27 Annex No. C 4), 679195-18 (svedotenje V.T.1testimony V.T.,
Annex No. C 106 pp. cl 082-cl 0851~1086-cl089), 634195-9
(svedotenje M.T.2ltestimony M.T.2, Annex No. C 110 pp. ~1119-
11201~1121 -CI123)
7.2.13.1.1. Once a Croat soldier once tried to scoop out the eye of
the witness 617195-2 with a knife; he was severely beaten by Nufik
Ibrahimovic, LiSic Samir, Mensur Peljto, and by others; he also
testified about therdeal of other Serbs in this camp.
The forensic medical board found that, because of the injuries, which
were the result of severe physical and mental trauma experienced in
the camp, the lumbosacral syndrome, and chronic posttraumatic stress
disorder have developed in this witness, which have severelyreduced
his general and vocational capacities. (Evidence:94195-8-17, 617195-
2)
7.2.13.1.2. The Serb detainee (617195-7) was tortured in the camp -
they hit his head against the wall, twisted his arms, strangled him.
The most outstanding in the torturing was Galib Hadiic, a.k.a. "Gale".
Perpetrator: Galib Hadiic.
7.2.13.1.3. In the period 18 September till 2 October 1992 the witness
617195-17was physically tortured. He stated that LiSic Senad was the
most prominent in the torturing. It is stated in the opinion of the
forensic medical board that: "A chronic depression and disturbance of
sleep developed in 617/95-7 as a result of the serious physical and
mental traumatic suffering he had experienced in the camps. This
trauma has significantly reduced his general and vocational
performance. (Evidence: 794195-8-24)7.2.13.1.4. The witness 617195-8 was mostly tortured and beaten by
OF, FF, TA, and Mensur Peljto, al1 of them from BrCko. They beat
him with truncheons, metal bars, rifle butts, al1 over the body but
mainly over his back and head. They would put a pistol barre1 into
his mouth, took him to dig out unexploded mortar and howitzer shells,
etc.
7.2.13.1.5. The guard that tortured the witness 617195-36 the most
was Galib Hadiic, a.k.a. "Gale". He knocked several of his teeth out
and damaged the nerve in the elbow which has reduced his general
and vocational perforinance
Evidence: 794195-8-8.(Medicinski nalaz1Medicalfindings - B 8 Annex
No. C 148, pp. c14~79-c1481lcl482-c1484 and photo in Annex No.
C161, p. 54)
7.2.13.1.6. Many Serb civilians, besides the already mentioned, were
most severely tortured by Galib Hadiic. They also witnessed the
torturing of other detainees. Galib Hadiic always had blades and
scalpels with him, which he used in his torturing of the Serb
detainees, and he used to beat them to the maximum.
The forensic medica.1board found that "as the consequence of the
serious physical and mental traumatic events experienced in the
camps, and the fact that he had to leave his home, an extensive
anxious-depressive i'eaction has developed in 638195-9 which has
significantly reduced his efficiency in professional and wider social
context."
Evidence: 683195-9, and 11, 640195-2, 679/95-17 (svedotenje
M.R./testimony M.R., Annex No. C 89, pp. c895-~8981~899-
c903),679195-18,794195-B-6 (Medicinski nalaz1Medicalfindings - B 6,
Annex No. C 147, pp. c1473-~14751~1476-cl478and photos in Annex
No C161, pictures N,o 1 and No 2, pp. 55-56)
7.2.13.1.7. They bored a hole with a drill for wood in the chest of
679195-17, they cut his auricles with some mean that looked like a
hook, they tried to scoop out his eye, they extinguished cigarettes on
his spine. Two torturers- called "~ok and "Kobra" - cut off a part of
his left foot. The forensic medical board found many scars of injuries
and gave an opinion that "as a result of the serious physical and
883mental traumatic suffering he had experienced in the camps, 679195-
17 has nightmares in the second part of the night, followed by
insomnia. This has significantly reduced his general and vocational
performance."
This witness testified thatMensur Peljto, Mirsad LiSic, Damir Suljic,
a.k.a. "Makija", al1 from BrCko, former policemen, as well as Galib
Hadiic, a.k.a. Gale, Osmanovic Osman, a.k.a Osmo, Bilic Vinko,
a.k.a. Bili, Vesna Gunje and the already mentioned "~ok and "Kobra"
had tortured him the most.
Evidence: 679195-17 (svedotenje M.R.1testimonyM.R., Annex No. C
89, pp. c895-~898/~899-~903,Medicinski nalazIMedica1findings - B 19
Annex No. C 149, pp. c1485-~14881cl489-~1492and phetos in Annex
No Cl 61, pictures Nol-3, p. 57)
7.2.13.1.8. T.A. stabbed the witness 679195-1 8 with a pike between
the fingers and toes in both hands and feet. He also cut of some of
his flesh from the interior side of the lefî thigh and forced him to
swallow it. Because of his sufferings this witness tried to commit
suicide.
This witness denoted Mensur Peljto, the karate from Brtko, Mirsad
MehmedbaSic, a.k.a. "i?uco", the former post distributor in the Brtko
municipality office, a certain Vesna from Gunja, who was a waitress
in the district "Solidarnost", RaSid Biljic, CauSevic Omer, Nijaz Hodiic,
a former police inspector in Brcko, Galib Hadii, a.k.a. "Gale" and
Nikola Filipovic as the most outstanding in the torturing of Serb
detainees.
Besides the already been mentioned Serb detainees - witnesses,
who were in the camps Rahic, other witnesses have also testified
about the conditions under which the Serbs were held in these
camps, and about the torturing. These are:
Evidence: witnesses: 617195-1 (svedotenje B.S.1testimonyB.S., Annex
NO. C 97, pp. ~995-~9971~998-cl001), 617195-13, 617195-4,
617195-6, 617195-1 4, 617195-20, 617195-22, 617195-25, 617/95-27,
617195-40, 679195-21 , 679195-30, 679195-33, 634195-2, 634195-3,
638195-2, 638195-3, 638195-4, 638195-5,638195-7, 638195-10,
638195-11 .
884It should be noted t'hat most of these witnesses were tortured not
only in the camp in Rahici, but also in Maoëa, in the camp called
Ulice, some of them in Tuzla. However, the guards were the same in
several camps in the municipality of Brëko.
7.2.13.2. The camp iri the village Ulice
The data gathered stiow that there were less Serbs held in the camp
Ulice, in the municipality of Brëko,an in the camps in Gornji Rahici
and Donji Rahici, probably because the facilities were smaller.
Some of the Serb dletainees were held in the camp in Rahici, and
also for some time in the camp in Ulice, while others were in the
camp MaoC,too.
Many statements confirm that the witnesses had the opportunity to
meet the same torturers in two or even three camps.
What concerned the camps in Rahici, as well as the other camps in
the area of OraSje and Bosanski Brod, which were arranged for the
Serb population, concerns the camp in Ulice, too.
The accommodation did not provide even the basic necessities, the
detainees slept on Ihe floors, their food was merger and bad, they
were permanently beaten and tortured, and often injured.
The following Serbls have been held in several camps in the
municipality of Brëko: 617195-40, 534195-3, 679195-21, 638195-2
and others.
The following individuals were designated in the testimonies as the
torturers of the Serbldetainees in the camp in Ulice:
1. MARK0 SI MI^: (witnesses: 617195-13, 617195-39, 634195-3,
638195-2);
2. DANIJEL PARI^ :witness: 638195-5);
3. ANTO IVELJI~, a.k.a. "Posavac" (witness: 638/95-2) and4. TUNJA KOVACEVIC, a.k.a. "Kundi" (witness: 638195-2).
7.2.13.2.1. They broke several teeth and ribs in the Serb witness
679195-21, and they also broke his left auricle cartilage so that it is
now in an unnatural position.
Evidence: 794195-8-16
7.2.13.2.2.The witness 638195-2 testified that the members of the
HOS military police Marko ~imic, Danijel Paric, Anto Iveljic, "Posavec"
and Tunja Kovatevic, a.k.a. "Kundi" severely beat the Serb detainees
- they punched them, kicked them, hit them with bats and various
other objects al1over their bodies; they also forced the Serbs to beat
each other.
Evidence: 617195-13, 617/95-22, 617/95-34, 617/95-39, 638195-
2, 634195-3 and 679195-21.
7.2.13.3. The camp in Zovik
A smaller number of Serbs testified about their stay in the camp in
Zovik.
What is common in al1 their testimonies is that accommodation was
bad, the food too, and also insufficient, they were beaten, deprived of
al1 their valuables when taken to the camp, while some said they
were forced to dig trenches on the front line during combat
operations.
Evidence: 617195-35, 679195-5, 679195-33, 638195-1, 638195-5,
638/95-6.
7.2.13.4. The camp in MaoEa
According to the witnesses' testimonies, the following individuals have
committed crimes to the Serb detainees in this camp:
Perpetrators:
1. MENSUR PELJTO (evidence: 679195-18)2. VESNA from Gurija (evidence: 679195-1 8, 679195-17)
3. OMER CAUSEVIC (e:idence: 679195-18)
4. NlJAZ HADZIC (evidence: 679195-18)
5. GALlB HADZI~ (evidence: 679195-18, 638195-9)
6. OSMAN IMAMOVI~, a.k.a. "Osrno" (evidence: 679195-18)
7. NOVALIJA FAZLOVI~ (evidence: 679195-18)
8. KADRIJA AVDI~ (evidence: 679195-1 7)
9. FERID FAZLOVI(: (evidence: 638195-9).
7.2.13.4.1. Many Serb detainees seriously accuse Galib Hadiic, a.k.a.
"Gale" for the torturing of Serbs in this camp.
Evidence: 679195-18 (svedoeenje V.T.1testimony V.T., Annex No. C
106 pp. cl 082-CI0851~1086-CI089), 638195-9, 679195-1 7
7.2.13.4.2. During 1992 a group of 5 Serbs was brought from
Bijeljina, amongst wtiich a Serb with the surnarne subaric. A certain
Vesna frorn Gunja, who wore a uniforrn with "Green Beret" insignia,
slit his throat in front of the other Serb detainees.
Perpetrator: Vesna from Gunja.
Evidence: 679195-17
7.2.13.4.3. R.B. wais captured on 3 August 1993 and take to the
camp in MaoCaand then to Tuzla. He was held in camps 15 months.
He was held for a long time in solitary cell where he was tortured.
Evidence: Medicinski nalaz/Medical finding- B 9 (Annex C 162, pp.
cl 568-cl 570/c1571-cl 573 photo in the Annex No Cl 61, picture No 1,
P 80)7.2.13.5. Camp in the village Boce
During 1992 there was a camp in the village Boce which was located
in the elernentary school and local community offices. The detainees
were rnostly Serb women and their children.
The gathered evidence show that the members of the Croat-Muslim
army raped those wornen detainees.
Data and evidence of rape has been acquired only for several cases
- which does not exclude the possibility that many more Serb wornan
- detainees were raped there. It is a well known fact that sorne
women, because of their environrnent, attitude and prejudices, often
conceal that they were raped.
The witnesses that were raped said that sometirnes three men would
take part in overpowering and raping of the detained Serb wornen.
Perpetrators: Ferid Mujkanovic, born on 1 July 1966, father's name
Harndija, from MaoCa; graduated the Military academy; and Mehmed
Vilic,a.k.a. "Meho", father's name Ramiz, mother's name sevala,
rnaiden name Kladnjakovic, born on 5 June 1969 in BrCko.
Evidence: 617195-1 6, 538195-2, 144195-4.
7.2. 14.0. Kotor Var03
7.2.14.1. In the period from July to November 1992, there was a camp
for Serbs in the village of VeCici, in the municipality of Kotor VaroS,
who were subjected there to the harshest mental and physical
rnaltreatment, torture and humiliation. They were held in cruel living
conditions (they slept on the concrete floor,they had no opportunity
whatsoever to maintain personal hygiene, they were forced to eat al1
sorts of swill), they were mercilessly beaten regularly every day (kicked,
hit, beaten with wooden clubs, plastic pipesfilled with lead, chains and
cables) and they were severely rnaltreated and tortured in other ways.
Once Rarno Zeher ripped open the arm of D.N. from shoulder to
elbow, beat him with a chain and extinguished cigaretteson his body;
he threatened O.N. that he would impale him on a stake, after theold
888Turkish fashion of killing people, known among Serbs as the by far
cruellest way of killing them (described by the Nobel Prize winner Ivo
Andric). Muhamed Billc forced the prisoners to learn and sing Muslim
songs and prayers, and if they did not know them he would beat them.
Sulejman Berbic kicked O.M. on the back and extinguished cigarettes
on his body. Marko Bjelobrk startedto slaughter Dj.M., notching him
under the throat.
The imprisoned Serbs were held chained and padlocked al1night in the
medieval torture way. They forced a lit cigarette into D.M.'s mouth and
ordered him to swallow it, and as he could not, they grabbed him by
the hair and held a knife to his throat as if to slit it, so that he had to
swallow the lit cigarette.
Nedeljko Popovic ancl Bora Lugic were killed in this camp, as well as
Nenad Novic whom they took out of the camp ostensibly for an
exchange of prisoners and then killed him from an automatic weapon -
they exchanged his body only.
On 2 November 1992 they took the prisoners Dj.N., T.J., Dj.M., and
O.M. from the camp in the direction of Travnik, forcing them, tied
together, in front of them to clear their way in case there is some
mine.
The person most responsible for al1this is Ramo Zeher, as the camp
commander, since he!either approved thementioned acts or committed
them himself, al1 wii:h the intention to destroy the Serb entity as a
national, ethnic and religious group in municipalityof Kotor VaroS.
Evidence: 117195-15.
7.2.15.0. Derventa
7.2.15.1. At the end of May or at the beginning of June 1992, the
witness was brought to the camp located in the former Army Club in
Derventa. Immediately upon arriva1 he was told to stretch out his
hands and then Esad and Saja ~avalic and ~eljko Vrabar hit him on
the palms as long as he could hold his hands in horizontal position.
Then Marko ~oluka came and continued beating him on the hands
889which he could no longer hold outstretched. So they ordered hirn to
place his hands on the table with the palms facing the table and
continued to beat him on the hands with a stick. They broke a finger
of his left hand and a joint of his right hand.hen they ordered him
to take off his shoes and to strip to the waist andthen they hit him
on the head with a club. They ordered hirn to lie prostrate on the
floor and kicked him and pounded hirn with their fists and with clubs
al1over his body, in parîicular the soles of his feet. They jumped on
his rib cage and hit hirn in the area of the kidneys, put out cigarettes
on his body and they would beat hirn for five hours incessantly.
During that time the witness fainted repeatedly. To make him come
to, they poured water on him. As he was unable to walk, Zoran
Ivankovic, aka "MaEak", who was in custody of the keys, grabbed hirn
by the hair and pulled hirn down the stairs into the basement where
he was shut in a room without any windows. The next day the doctor
came and when he saw the witness's conditions he said: "Look here,
this man is going to die. Take hirn to the Centre for medical
attention", and the guard answered: "This is a Serb. No doctor for
him".
Among the perpetrators the following have been identified: ~eljko
Pudic, chief of police in Derventa, Marko Coluka from Modran near
Derventa, Saja Cavalic, Esad cavalic, Zoran lvankovic aka "MaEak",
Azra KovaEevic and ieljko Vrabat.
Evidence: 438/94-7
7.2.15.2. Towards the end of April 1992 the witness was brought to
the camp in the Army Club in Derventa. He and H. were singled out
and told that both of them, being Chetniks, would travel via water -
down the Sava river to MiloSevic,to Serbia. Then four HOS members
started kicking and hitting them on various parts of the body. They
trampled on them and the witness lost consciousness. After that
another group of HOS members came in and they beat the prisoners,
kicking them and hitting them with their fists, rifle butts and ropes.
The beating lasted some 3-4 hours with the HOS members taking
turns. Finally Azra KovaCevic came; her right hand was bandaged
and under the bandage was a metal object and whenever she hit
one of the prisoners he could not remain on his feet but fell. She
knocked the witness unconscious in that way. All the prisoners were
searched when they entered camp and those on whom Yugoslav
890money was found had to eat it, as the witness did, while German
marks and other foreign currency were seized. The prisoners were
ordered to lie down and open their mouths and then a handful of salt
was poured into their mouths. After the beating, the witness was
placed in the basement where there was 5-6 cm. of water on the
floor. There he spent two days and two nights. The ones who were
called out were unrecognizable when they returned because they
were blood-stained and disfigured. During his stay in this camp the
witness received no food or water.
The following have been identified among the perpetrators: Azra
KovaC-evicfrom Dervctntaand N. Gavran from Zagreb.
Evidence: 438194-16.
7.2.15.3. The witness was a detainee in the camp on the premises of
the elementary school in the village of Poljare near Derventa towards
the end of May an13beginning of June 1992. The camp warden,
Damir Lipovac took out some of the incarcerated Serbs every day to
a separate room and the detainee would return al1bloody and beaten
up. During the day he took the prisoners out and tied them to the
barbed wire fence enclosing the camp compound and then kicked
them and hit them with his hands and a stick. The witness was taken
out in this way and beaten by the warden Lipovac four times during
his stay in the camp. He fared the worst once when he took him out
around 10 p.m. and kicked him in the mouth knocking out two front
teeth from his upper jaw and loosening two in his lower jaw. On the
orders of Lipovac orle of the policeman heated some wire and then
burned the witness on the bare back with it from which visible scars
have remained. Once when they beat the witness they broke his
forearm bone. The prisoners were also subjected to electroshocks
with the conductor being connected to their genitals. In addition,
Lipovac had the pra.cticeof letting Croat soldiers into the camp and
then they too beat ithe prisoners. Throughout their stay in this camp
the prisoners were given food only every second day, a single meal
consisting of a small tin and a slice of bread.
The following have been identified among the perpetrators: Damir
Lipovac (father: Anhe), camp warden, born 1969 in the village of
Polje, the municipality of Derventa, and LukaLiSko from the village of
Donji ~u~njari, the niunicipality of Derventa.
Evidence: 438194-15.7.2.15.4. The witness was brought towards the end of April 1992 to
the camp in the former Army Club in Derventa where the police
command and the camp were stationed. They asked him to hand
over his weapons and a radio transmitter, which he did not have, and
then ordered him to strip to the waist and started beating him on
various parts of the body. They hit him the most on the head and his
nose and upper jaw broke and a tooth was knocked out from his
upper jaw. They forced him to drink gasoline and then poured
gasoline on his hands and lit it, from whichscars remain on his right
hand. The witness lost consciousnessand regained it in the hospital
in Derventa where he was given infusions and kept until -16 June.
The following are among the perpetrators: Azra KovaEevic, Hrvoje
Antunovic, aka "Mornar" (sailor), Marko ~oluka, police administrator in
Derventa and ~eljko Pudic, chief of police.
Evidence: 438f94-9 (svedoeenje S.J.2ltestimony S.J.2, Annex No. C
45, pp. ~455-~4581~459-~464 )
7.2.15.5. The witness was imprisoned on 26 April 1992 in the camp
in the former Army Club in Derventa. He was placed with another
30-40 Serbs in a room which used to be a locker room in the Army
Club. Immediately after they were brought in four Croat soldiers
wearing HOS uniforms barged into the room, said that they were
from Vukovar where they had burned and killed everything and
everyone, and then they started hitting them with batons, rifle butts
and kicking them. They beat al1 the Serb prisoners until they fell
down and fainted. They beat them every day, and the witness
remembers in particular 6 May when they cut his neck threatening
that he would be slaughtered. The prisoners in this camp were given
food for the first time five days after they came. They also tortured
them by making them hold two lighted candles each and threatening
to kill anyone whose candle stopped burning. They beat the prisoners
as they held the candles. The witness could not endure the beating
and he fell extinguishing his candle.Then the guard took out a knife
and the witness thought that he would slit his throat, but the guard
changed his mind. Than another guard clutched at the prisoners neck
and jerked at his Adam's apple trying to pull it out. The witness
started to choke and a doctor who was also a detainee in this camp
892saved hirn by pushing back his Adam's apple and managing to put it
back in place.
Perpetrators:Milo3 Mario and other HOS members.
Evidence: 438194-11
7.2.15.6. The witness was brought to the camp located in a silo in
the village of Polje near Derventa in mid-June 1992. The camp
commander, who was wearing a uniform, separated L., the witness,
P., and G. First he took the witness to another room and maltreated
hirn and the witness cried out and screamed. When he came out 20
minutes later his beard was burned and he was covered with blood.
He fainted and G. a.nd L.carried hirn into the room. Then they took
P. and he was heartl screaming; they kept hirn for about half an hour
and when he came back he was al1 black and blue, bruised and
burnt. When they tc~okL. into the other room they asked hirn right
away where had he got his weapons, and not waiting for an answer
started kicking hirn and pounding hirn with their fists and, when he
fell down, they ordered hirn to kiss "Bosnian soil". When he bowed
he felt a strong paiin in the back. Then they ordered hirn to bend
down again and he felt even stronger pain and smelt burning flesh
and concluded that he was being burned with some red hot object;
then he fainted. They poured water on him and continued to beat
him.
The following are arnong the perpetrators: Pero Vrdoljak, aka "Geza"
and Nihad Hamzic, aka "Fric".
Evidence: 438194.
7.2.15.7. Some of the witnesses were imprisoned in the camp located
in the military storetiouse in Rabic near Derventa. Witness 438194-16
was put in a room \~ith a damp concrete floor. The prisoners relieved
themselves in the room which stank to the point of making breathing
impossible. They were given food for the first time on the fifth or
sixth day, and that was a slice of bread, with one loaf weighing 600
grams having to be divided among 25 prisoners and that was the
daily ration. On the orders of the commander .Hamzic, members of
HOS, HVO, the "Green Berets", of Sandjak units and handjar
divisions often canie to the camp and beat and maltreated the
893incarcerated Serbs until they were unconscious. They kicked them,
they hit them with their hands and the butts of their weapons and
with clubs. They ordered them to strip to the waist and to take their
shoes off and then they beat them on the soles of their feet and on
their bodies. The witness was beaten particularly by Jusanovic who
broke three of his ribs, his clavicle and injured his spine and one
kidney. They were not allowed to shave and have their hair cut as
they wanted to take pictures ofthem. All the prisoners were infested
with lice.
The following have been identified among the perpetrators: Nihad
Hamzic, aka "Fric", camp commander, Hangija Jusanovic, aka
"Talijan", Josko Maras, Ante Krajinovic and Jure GrubiSic, aka
"Gegalo" and "Zmija" (snake).
Evidence: 438194-16, 438194-13 (svedocenje M.P./testimony M.P.,
Annex No. C 128 pp. cl 311-131 41~1315-cl319),584/ (s4-doeenje
R.P.1testimonyR.P., Annex No. C 127 pp. cl 300-13041~1305-cl310)
7.2.15.8. The witnesses were brought towards the end of April 1992
to the premises of the Army Club in Derventa. The number of Serbs
in this camp was large; theylined them up against a wall, naked and
barefoot, arms up in the air. They started to kick them and hit them
with the hands, rifle butts and sticks onl1 parts of the body. Azra
KovaEevic was especially ruthless, she kept hitting one of the
witnesses with a rifleutt on the temples and he fainted. Then they
grabbed him by the hair and threw him out the window, three meters
from the ground, on the concrete below. Then they took him into a
room where 4-5 cm. of water covered the floor and lefî him for dead.
The witness came to nine hours later.
Azra KovaEevic from Derventa has been recognized among the
perpetrators.
Evidence: 438114and 19.
7.2.15.9. The witness was arrested on 30 May 1992 and taken to the
camp located in the former Army Club in Derventa. Jusanovic, a HOS
member, told him thathe had been brought for an interview only to
provide some information. The detainee was a pensioner and was 64
at the time of his arrest. Without being heard atal1 he was taken
894from this camp to the camp in the village of Poljare near Derventa
where he stayed until 27 June 1992. During his stay in the camp he
was maltreated ancil insulted until the day on which he was
exchanged, 27 June 1992.
The recognized perpetrator is Hangija Jusanovic (father: Mustafa), aka
"Pavijan",35 years old, from Derventa.
Evidence: 584194-23.
7.2.15.10. The witnesses were brought to the camp located in a silo
in the village of Polje near Derventa in the second half of June,
1992. The camp commander told the group in which they were that
they were in the most notorious Ustashi camp and that they were to
ask no questions but only to do what they were ordered. He informed
them that life was the price to be paid for any mistakes. The staff
was to be greeted ~vith "Mister Ustashi". The maltreatment was the
same as in the other camps in which the witness had been before
this one. The camp inmates had to stand for hours on with their
arms raised behind their necks. Sometimes they had to kneel with
their heads to the grlound for hours. Croat soldiers, who often barged
into the camp, hit whoever came their way with whatever was
available until they were unconscious. They were given food very
seldom and in small quantities.
Stojko KljuEevic, camp commander, has been identified as a
perpetrator.
Evidence: 584194
7.2.15.11. D.K. was arrested as a civilian by the Croat Army and
Muslims on 5 May 1992, first he was taken to the Army Club where
he stayed about seven days and then to Rabic where he stayed until
26 June 1992, when he was taken to Slavonski Brod. He was beaten
every day, and particxilarly, at Rabic, with different means: rifle butts,
sticks, boots, bats, fists, legs, etc. he was stubbed with a knife,
burned with cigarettes on the fovhead, forced together with other
prisoners to kick one another. His ribs were fractured in Slavonski
Brod, and, for three days he was unconscious. Detainees were forced
to suck penises to alne another. Being beaten, he was forced to signdifferent documents. He has lost consciousness for three times, while
being beaten.
Evidence: Medicinski nalaz1Medical findings - DER 6 (Annex No C
131, pp. c1356-~1358/~1359-~1364and photos in the Annex No. C
161, pictures, No 1-2, p. 83)
7.2.15.12. B.M. was captured by the Croat Army on 26 April 1992.
At once, he was taken to the Army Club, then to Rabic, and after
that, to Polje, from where he was taken to ~eravac. Later on , he
was transferred to Tulak. Where he was kept in the wherehouse. As
soon as he was captured, his hands were tied behind his neck, so
that the movements of his hands almost, choked him. he was
constantly beaten, so, that he lost consciousness several times. he
was given food every five or six days, but in such a small quantity
that twenty camp prisoners had to share a loaf of bread. Besides
bread, they got a hot pepper and a tin of fish which was to be
shared by seven men.
Evidence: Medicinski naladMedical findings - DER 10 (Annex No C
132, pp. c1365-~13681~1369-cl375 and photos in the Annex No. C
161, pictures, No 1-3, p. 84)
7.2.15.13. M.K., captured by the HVO and Muslims at ~ardak, on 26
April 1992. Firsttaken to the Army Club, then to the Silos Polje, after
that to Rabic, then to the bowling alley in Slavonski Brod. In
Slavonski Brod. At al1 these places he was constantly beaten and
tortured.
Evidence: Medicinski naladMedical findings - DER 4 (Annex No C
133, pp. cl376-~1381/c1382-c1392 and photos in the Annex No. C
161, pictures No 1-3, p. 82)
7.2.15.14. D.P., arrested as a civilian at his home, in Derventa, on 9
June 1992. First he was taken to the Army Club, where he spent
about ten days, then to Poljare and, after that, to Tulek. He was
beaten, from the very beginning and after direct hit his left leg was
immediately broken. During his stay in camps he was not given any
medical aid.Evidence: Medicinski nalaz1Medical findings - DER 18 (Annex No C
134, pp. c1393-~1396/~1397-~1403and photo in the Annex No. C
161, picture No 1, p. 86)
7.2.15.15. N.B. was captured by the Croat Army and Muslims at
~ardak on 26 April 1992. His wife was killed on the same day. N.B.
was taken to the Arrny Club, then to Rabic and Polje, and after that
to ~eravac, where he spent three days in a truck. Finally he was
transferred to Bosanski Brod. When he was captured, he was
unconscious, due to the shell wound. he regained consciousness
three days after, ancl from that time, he was beaten every day and
every night. During his stay in the camps, he was not medically
treated.
Evidence: Medicinski nalaz1Medical findings- DER 12 (Annex No C
135, pp. c1404-~14061~1407-cl411 and photo in the Annex No. C
161, picture No 1, p.85)
7.2.16.0. Zvornik
7.2.16.1. In an attack on the Serb village of RastoSnica, the
municipality of Zvoriiik, on 29 August 1992, Muslim armed forces
killed more than 20 villagers, looted and burnt ail the houses. They
took P.N. a 62-year old woman, Joco Bajic, 80 years old and Stana
Kostic, a 75-year old woman to the camp in TeoCak which was
located in the premises of the local community administration. Apart
from them, Mico Jcivic, 85 years old from Priboj and the married
couple Slavko and 1-jepojka, Ljepojka being a paralysed old woman,
from Kozjak near Lolpariwere also imprisoned in this camp.
Although these were old people and Ljepojka was paralysed, they
were tortured,beateri and maltreated every day by the Muslim military
police, and Mico Jovic, Stana Kostic and Joso Bajic died of the
consequences.
In the camp they broke P.N.'s arm and she was also humiliated in
various ways and there is reason to believe that she was raped. She
received treatment for several months after she left the camp for the
consequences of physical torture and mental trauma.
897The camp commander was Hajrudin MeSic, and Avdo Jorgic was the
cruellest among the guards who tortured the prisoners.
Evidence: 293195-7.
7.2.16.2. On 17 January 1992 near Zvornik two Muslim soldiers raped
the witness, a Serb girl who was a virgin at the time. She got
pregnant. They told her that they want her to give birth to a Muslim.
She had an abortion in Belgrade when she was 22 weeks pregnant.
Evidence: 24193-1 1.
7.2.17.0. Hadiici
7.2.17.1. In the course of 1991 and 1992 the Muslim war presidency
armed and readied in an organized fashion members of the SDA
(Party of Democratic Action) and other Muslirns in the area of the
municipality of Hadiici, preparing them for the dismantlement of the
SFRY and the extermination of the Serb population from the area of
the municipality ofHadiici.
Mustafa Djelilovic, as SDA president in the municipality of Hadiici and
at the same time president of the Assernbly of the municipality of
Hadiici, rallied like-minded Muslims and they established a number of
reserve militia and territorial defense stations and were assisted in
this in particular by Avdo Hebib, the then deputy minister of the
interior of Bosnia-Herzegovina, and Jasmin Guska, head of the Konjic
Secretariat for Interna1Affairs.
In pursuit of their aims, in May and June 1992, they arrested al1 men
over 15 of Serb nationality in the area of Pazaric and TarCin in the
municipality of Hadiici, treating them inhurnanely in the process. They
even arrested very old men. They set up camps for Serbs in a silo in
TarCin, in the elementary school in Pazaric and in the former JNA
barracks in Zovik.In addition to men, a number of eminent and better educated women
of Serb nationality were arrested and they were tortured, raped and
maltreated in other ways.
In these camps the incarcerated Serbs were subjected to constant
maltreatment, torture, bodilyinjury and many died from their injuries
or were killed outright.
The arrested Serbs were shut in special cells of the silo and given
only one meal in two days, the meal consisting of a loaf of bread to
be divided among 30 prisoners. They had no toiletries, they slept on
the floor, they had nothing to cover themselves with.
In order to destroy everything Serb, they demolished the Serb
cemeteries in Pazaric and TarSin and organized the torching of the
Orthodox church in Osenik-Pazaric and then razed it to the ground.
Members of the hiluslim war presidency in Pazaric and TarCin
established a so-called "court of justice" and appointed the lawyer
Hamid Selimovic as its president, and he conducted investigations
and convicted Serbs., sentencing them to lengthy and severe terms of
imprisonment without proof of the guilt that was nonexistent.
A special role was played by the Information Centre headed by
Jadranka MiloSevic, its duty being misinforming the public by
proclaiming innocent Serbs war criminals; the mass media were
employed to launch falsehoods and attribute al1the crimes committed
against the innocent Serb population by Muslims to respectable Serb
citizens from the area of the municipality ofHadiici charging them as
allegedly having committed those crimes against the Muslims.
In addition to Djelilovic, the persons bearing the greatest responsibility
for everything done to the Serb people in this municipality are Enver
Dupovac and Refik 'Tufo, who had worked on the police force before
the war too, Muris Ibrica, secretary of the municipality, Fadil covic,
Sabrija Hebib, Fahicl Aladïuz, Njihad cehic, Mirsad ~abic and other
leaders of the SDA party and of the war presidency.
Evidence: 109196,385196-2,407196.7.2.17.2. In February 1993 the witnesses were broughtfrorn the camp
in Krupa near Pazaric to the camp located in the fallout shelter of the
hotel "lgrnan" on Mt. lgrnan with about 20 other Serb prisoners. The
Muslirns took the irnprisoned Serbs to dig trenches and rnake other
rnilitary facilities which they had to do while being beaten and
rnaltreated by the guards. They hit thern with rifle butts and hoe
handles. On returning frorn forced labour the Serbs were individually
taken out frorn their cells every night and beaten sorne more. Thus in
February 1993, around 10 p.m. they took out Jadranko GlavaS, a
Serb frorn TarCin, handcuffed hirn and took hirn to the camp in the
hotel "MraziSte", where he died frorn his injuries. The witness gave
first aid to D.V., whose right ear had been half cut 8ff with a knife.
They burned V.'s palrns on a red-hot stove, extinguishedcigarettes on
his body and hands, scorched his back and his genitals with red-hot
iron bars. One of the Muslirn soldiers bragged how D.V. had received
at least 500 blows on his kidneys and the Muslirns thernselves
wondered how he had survived that. After they once returned frorn
work Nediad Hodiic entered the roorn with another two Muslirn
soldiers and a girl and they ordered twenty Serbs to stand up against
the wall and started first kicking thern with their feet and pounding
thern with their fists andhen with a table leg which they had broken
off. The witness was hit repeatedly in the back and the area of the
kidneys. Beatings were everyday practice and they were also forced
to bow and pray the Muslirn way. The Muslirns also forced the
prisoners to sexual perversions. First they beat them thernselves,then
they forced thern to fight each other and then to engage in unnatural
intercourse. The witness hirnself had to do it with D.V. They forced
hirn to put an awl into the anus of the Serb B.G., and after he took it
out they forced V.R. to lick it clean. V.R. was forced to eat soap and
to drink urine. He had to do al1 that under coercion. The Muslirns
forced the Serb prisoners to eat cigarette butts, extinguished
cigarettes on their necks, arrns and other parts of the body, or threw
burning cigarettes into their bosorns. One Muslirn soldier hit the
witness with a rnetal rod and rifle butt in the leg and kidneys at least
fifty tirnes, after which he was totallyunable to rnove and urinated
blood the following ten days.
Their rneals consisted of lunch packages; before rneals they forced
thern to ingest hot spices and gave thern no water afterwards.In August the witnesses were taken back from lgman to the camp in
Tartin.
Perpetrators: Zulfikar AliSpago, aka "Zuka", a Muslim commander from
Sandjak, Redio Borovina, platoon commander, Nediad Hodiic aka
"Necko", a Muslim from Novi Pazar, and others.
Evidence: 412194-7 (svedokenje B.M.1ltestimony B.M.l, Annex No. C
74, pp. c753-~;754/~755-~757) and 412194-5 (svedotenje
R.M.1testimonyR.M., Annex No. C 75, pp. c758-~763/~764-~768)
7.2.17.3. On 7 Jalnuary 1993, Orthodox Christmas Day, Muslim
soldiers brought out from their cells the Serbs imprisoned in the camp
of Krupa near Pazaric and started beating them. Thus around 2 a.m.
the guards Keca and Lihovac took out the prisoners S.M. and M.B.
from cells No. 1 and 2. "to wish them a merry Christmas" and beat
them until morning.
When they brought 1:hemback in the morning al1beaten up they were
in such a condition that they could not be recognized. They were
unable to walk and had to be carried into the cell. The witness
carried them personally and then was ordered by the Muslim soldiers
to wash blood off them. They were in so difficult a state that several
days later they had to take them for medical treatment.
Perpetrators: ~erif MeSanovic, camp commander in Krupa, Asim
Keca, a guard and the Muslim Lihovac, a guard.
Evidence: 412194-8 (svedotenje B.Lj.1testimony B.Lj., Annex No. C
58, pp. c579-~5821~583-c588),412194-12 (svedotenje M.M.lItestimony
M.M.l, Annex No. C 65, pp. c662-~6661~667-c672)and 412194-13
(svedotenje M.S.l/ltestimony M.S.1, Annex No. C 95, pp. c976-
~9801~98 1-~986).
7.2.17.4. From 30 December to 18 August 1994, while the witness
was being held in the camp of Krupa near Pazaric, located in the
storehouse of the former JNA, the prisoners were taken to forced
labour. They cut tirnber, loaded and unloaded ammunition and food
and had to do othelr manual labour.They were taken to fell timber without clothes and barefoot in the
winter. The witness had to go woodcutting in his stockinged feet, and
they would stay working in the forest for 4-5 hours at a time.
The Muslims have made them harness-like straps from parachutes
and Serb prisoners pulled logs like horses. They worked like this
every day, including Sundays and holidays. While they worked,
Muslim soldiers - guards sat around, laughing and firing from the
rifles for fun.
The following have been identified as the perpetrators: ~erif
MeSanovic,camp commander and Suljo Fejzic, a guard.
Evidence: 41 2194-8.
7.2.17.5. TarCincamp near Pazaric - Silo
"ONLY THE SILO CAN SAVE A SERB." (witness 407196)
This was a favourite line ofHalil Covic, warden of the camp in TarEin
near Pazaric, located in the evacuated grain elevator, reiterated to
Serb prisoners for whom the camp was solely set up.
How ironic these few words were will be clear after the description of
the camp lodgings, how Serbs lived there, what were their living
conditions, how they were tortured, humiliated,and killed.
TarEin, a suburban neighbourhood in the municipality of Hadiici, was
the seat of the local community and had some 2000 inhabitants
before the war. Most of them were Muslims (about 85%), in addition
to 10% Serbs and 5% Croats.
Most villages around Tarein had pure Muslim population, several
villages were populated by Serbs, while several villages had mixed
ethnic composition.
In August 1991 a reserve police postwas founded in TarCin with a
force including 180-200 Muslims and only a few Serbs, by their own
choice. The commander was Tufo Refo, former policeman in
Sarajevo.Towards the end of 1991 and at the beginning of 1992 the
mentioned police post openly - lawfully distributed arms solely to the
Muslim population.
In the first days ofMay 1992 Muslims have rashly evacuated some
10 chambers in the silo, located in the centre of TarCin, and
distributed wheat to tlhe population.
The first prisoners -- 11 captured reserve soldiers from the former
JNA barracks in Krupa-Zovik, taken by the Muslims on 11 May 1992
- were brought to the silo on the same day and detained in the
evacuated chambers.
A few days later, 'from 20 May 1992 on, Serbs from the local
communities of Tarëin and Pazaric were brought to this camp in large
numbers, so that from 11 May 1992 until 27 January 1996, when
Serb detainees were released according to the Dayton Agreement,
about 550 Serbs have passed ttirough this camp.
Solely Serbs were brought to the camp, both young (the yoiingest
was 14 years old) a~ndold (the oldest, late Vaso ~arenac, was born
in 1908), both meri and women, peasants and educated Serbs,
mainly civilians (with the exception of the first 11 captured reçerve
soldiers), who have not by that time participated in war nor were
members of any of tlie armed formations.
The camp was under direct command of the 109th Mountain Brigade
of the Army of Bosnia and Herzegovina, whose commander was
Nezir Kazic.
Since 1995 the camp was under the command of the 14th Division of
Bosnia and Herzegovina, led by Zaim Imamovic. The headquarters of
these units were located in the close vicinity of the camp. Their
commanders ofien visited the camp and knew what was going on
there.
Alija lzetbegovicofte!n landed at the heliport, located within the 14th
Division HQ. Some prisoners have seen him through a wire fence
encircling the camp.Thus, witness 385196-2,who stayed in the camp from 28 May 1992
until 27 January 1996, testifies:
"...Alija lzetbegovic came to TarEin 3-4 times. I saw hirn myself in
1994, when he was on the way to the summit of lslamic countries.
He was accompanied by Memija, director of the Sarajevo Television. I
saw him from a distance of 30 m. The next time Alija Izetbegovic
passed by Our camp was when he was on a way to Mejina Luka,
where he addressed soldiers who were going to the battle for
Goraide. I think it was in June 1995. 1 do not know whether
lzetbegovic actually entered the camp, but from a close distance he
could see us prisoners through a wire fence ..."
Witness 109196testifies:
"...Through forced labor we have built a heliport in front of the camp.
Once a helicopter of the Muslim army landed on the pad and Alija
Izetbegovic, Haris Silajdiic and other officials of Bosnia and
Herzegovina stepped down from the chopper.. ."
Statements by several witnesses confirm that the highest officials of
Bosnia and Herzegovina were aware of the existence of this camp,
knew that Serbs have been unlawfully detained in it and subjected to
war crimes and that they not only did not want to prevent this or
punish the perpetrators, but that the camp was organised with their
consent and that they fully authorised the torturing of Serb prisoners.
Thus, witness 385196-3, a Serb woman from the village of Rastelica
near Hadiici, born in 1949, who spent nearly four years in the camp
- from 28 May 1992 to 26 January 1996, points out:
"...ln early November 1993 a state committee of the Government of
Bosnia and Herzegovina visited the camp, allegedly to inquire about
the living conditions in the camp. When I complained to them, they
said that the conditions in the camp were quite good and that we
were safer there than if we were free..."
Finally, witness 407196,a lawyer from Hadiici, who also spent almost
four years in the camp, speaks about the visits of the International
Red Cross delegations during 1992, that they promised that al1
prisoners from this camp would be released, and that during the third
visit, sometime around 20 December 1992, an official of thementioned delegatioin, Mr. Perot "..said that Alija lzetbegovic
personally prevented Our release.. ."
The text that follows will present the data about the living conditions
in the camp (lodging, sanitary conditions, food, methods of torture and
humiliation of Serb prisoners), about prisoners who have been killed
during their detention in the camp, about Serbs who died in the camp
from torture and starvation, as well as about Serb prisoners who lost
their lives during forced labor, on the front line and during military
operations.
7.2.17.5.1. Lodging - sanitary conditions.
From the statements of numerous witnesses, former Serb prisoners, it
can be ascertained that a large number of prisoners have been
cramped on a small space, that they slept on bare concrete, that they
have been deprived of the possibility to wash up even in the most
primitive way for sev'eral months in a row, that the space where they
have been kept was dark and stuffy, that they relieved themselves in
pails that stood in the same room in which they slept.
Cramped space - illumination
Witness 407196states:
"...New prisoners were brought in, so that on 15 June 1992 there
were 37 of us on 40 sq.m. .."
Further, witness 169196-1 1 testifies:
"...Conditions in this camp were beyond human dignity. There were
between 25 and 30 people in each cell ..."
Witness 858195-1 2 said:
"...The cell was completely dark.. ."
Witness 718/96-23 siaid:"...I was locked up together with my sons in cell number 6, where
there was a total of 53 arrested Serbs from my village and other
villages.."
Sleeping on bare concrete
Many witnesses mentioned that prisoners slept on concrete floor, and
later on wooden pallets placed on concrete floor (witnesses: 109196,
344196-11 , 44196,858195-1 2, 169196-11, 385196-2).
Thus, for instance, some witnesses testify:
Witness 109196:
"...We slept on bare concrete for the whole two months, and later
they gave us wooden pallets ..."
Witness 385196-2:
"...For the first six months, before 1 was registered by the
International Red Cross, I slept on bare concrete, without any spread
or cover ..."
Witness 169196-1 1, who was brought to the camp towards the end of
May 1992, said:
"...We slept on bare concrete until October 1992, when they brought
us wooden pallets to the cells. In fact those were wooden grids,
made of 8-10 cm wide wooden laths, nailed together at a distance of
7-8 cm. Each pallet was about 1 m wide and about 1.2 m long.
While we lay on them, the lower edge was cutting into Our thighs.
Three of us slept on one such pallet, without a pillow or cover..."
Witness 344196-11 says:
"...We were incessantly exposed to cold, because the cells were
continuously ventilated, since wheat was stored there, so that the
temperature in cells was kept low, while we had to lie on concrete ..."Many former Serb detainees stress that they have not had the
opporîunity to take a bath for a few months in a row.
Thus, witness 385196-3, a Serb woman who was in the camp since
28 May 1992, testifies:
". .We women have taken a bath for the first time in August 1992,
with cold water.. ."
Witness 858/95-12 sitated:
"...Ihave spent 9 and a half months in that cell and during that time
have not had a singlle bath.."
Finally, witness 407196, who was brought to the camp in May 1992,
says:
"...They allowed me to take a bath for the first time on 12 August
1992, after 2 and a half months in detention, with water from a
barrel, and the next time in January 1993. .."
Cells without a lavatory
Many witnesses, former detainees, testified that they have not had
the opportunity to u:se a lavatory, but instead defecated and urinated
in the cells, in pail!; that were kept there al1 the time. Stench and
stuffiness made the atmosphere unbearable (witnesses: 858195-12,
385196-3,718/96-23, 718196-1 2, 109196).
Thus, for example, some witnesses state:
Witness 718196-12:
"...There were about 50 us, Serbs, locked up in my cell. We relieved
ourselves in a cell, iinto a pail that was taken out once in 24 hours..."
Witness 109196stated:"...The rooms we were kept in were very small, while there was a lot
of us. It was stuffy. We relieved ourselves into pails placed in corners
of the rooms we slept in ..."
Witness 858195-12 says:
"...ln this room where we were locked up there was no toilet, we had
a pail to relieve ourselves, but the pail was leaking and the stench
was terrible.."
Evidence: 407196 (Annex No 246 to the Part I of the Counter-
Memorial)
7.2.17.5.2. Food
Testimonies of former detainees unquestionably confirm that Serbs in
this camp were fed in such a way that they practically starved, many
fell il1from malnutrition, many lost several dozen kilograms, and some
even died from starvation (witnesses: 169196-1 1, 718196-21, 344196-
11, 272196,386196-29,44/96, 858195-12,385196-3, 109196, 407196).
Thus, for instance, witnesses state:
Witness 344196-11, who was in the camp since 26 May 1992:
"...They starved us. We used to get one small piece of bread once a
day and a few teaspoons of extremely tasteless soup. We only got a
litter or two of drinking water for the whole cell, at the guard's
discretion. When I was arrested, I weighed 95 kg, and by the end of
June I dropped down to 44 kg. I wonder how we were able to walk
at all, when we looked like walking skeletons..."
Witness 109196,who was 21 years old when he was brought to the
camp on 30 May 1992 and who stayed there until 29 October 1995,
when he was exchanged, testifies:
"...For the first 45 days we got food only once a day and that meal
consisted of a thin piece of bread and a little soup, which was Sour,
unpalatable and watery. Afterwards, we got food twice a day.
Because of poor food we were quite exhausted. Those who were
less resistant started to die from starvation. In this period 6-7, mainly
908older people, died. Muslims usually released those who seemed about
to die and these people indeed died at home a few days later... At
arrest 1had 78 kg, and I got out weighing 45 kg ..."
Witness 169196-1 1, who was in the camp from end May 1992 to 1
January 1993 testified:
"...They tortured us with hunger. When 1was brought to the camp 1
weighed 96 kg, and by the time I got out 1have lost 30 kg. I figured
out that during one rnonth I got 2.1 kg of bread and 6 tablespoons of
soup per day. This "soup" was brought in around 3:30 PM and five
of us ate from the same dish, using the same spoon which we
rotated between us. It wasn't until five months later that they let us
get a parce1from holmeonce in 15 days.. ."
Witness 386196-29, born in 1960, imprisoned in the camp from 2
June 1992 to 27 Jariuary 1996, says:
"...What was worst was that they starved us, so that for a while we
looked like live skeletons. At that time we could hardly move, and if
someone made an effort and tried to stand up he fainted..."
Many imprisoned Serbs died either in the camp or shortly after they
have been released as the consequence of starvation and torture in
the camp, which will be elaborated further on.
7.2.17.5.3. Torture o'f prisoners
Serbs incarcerated In the silo-camp in Tarein have been beaten and
tortured in a varieity of ways. lnterviewed former detainees testify
about their suffering and about the suffering of their compatriots
(witnesses: 407196, 44/96, 858195-12, 272196, 385196-2, 385196-3,
169196-1 1, 718196-21,718196-1 7, 718196-12).
Many witnesses particularly stressed the event which occurred on 4
June 1992. Their testimonies reveal why they remembered this day.
Witness 407196, ulho was kept in this camp for several years,
mentioned:"...I particularly remember mass beating which happened on 4 June
1992. 1 recall that it was Thursday, Serb holiday of Saviour's Day.
About 8:30 in the morning the warden Becir Hujic entered Our cell
and ordered us to give him al1Our belongings except clothing we had
on, so that he took away in a bag a few trifles that some people had
kept. He told us that members of the Rijeka Evidence will come to
visit us. Around noon appeared Enver Dupovac, followed by some
thirty men in uniforms with HOS insignia, while others wore HDZ
emblems, including some of them who wore officer's insignia across
the chest such as those worn by the Croat army. However, among
them was also a group of Muslims from Sandjak whom I knew by
sight, as they used to exchange foreign currency on Bascargija in
Sarajevo. They started to insult us verbally, saying that we Serbs are
dirty pigs, that we sti...In Our cell they first started to beat L.K. At
least five of them have been beating him. They hit hirn with rifle
butts, kicked with boots, and he was forced to spread his hands on
the concrete floor, so that they stomped hirnwith boots on hands and
fingers. They also beat hirn with some sticks they brought along.
They pushed hirn to the ground and he fell and than a German who
did not speak Serb approached hirn and cut hirn on the back of the
head with a large knife. A streak of blood ran from the wound. After
that he fainted, although he was exceptionally strongly built.n one
of the Sandjak men grabbed me by the hair and pulled me forward
so that he could kick me strongly in the chest. The other two started
to beat me with rifle butts on the rib cage, both on the back and on
the chest. This German kept cutting the leather jacket I wore with a
knife so that in the end it was al1 cut up. They hit me strongly at
least ten times before I fainted. I do not know how long I was
unconscious.
When I came to, I felt that someone lay atop of me. It was M.S. He
was unconscious and his blood was dripping on my face. When I
looked around I saw a terrible sight. Everyone, al1my cell mates, lay
around and only now and then someone would regain his
consciousness for a while, moaning from pains. They were al1
disfigured and covered with blood. No one could move ...Next to L.K.
there was a pool of blood, probably more than 2 litters of blood. His
back and chest were al1black, and he was bleeding that day and the
next day. Nurse Mira came only 3-4 days later and bandaged L.K.'s
head. However, since she did not come again the next 15 days or
so, his wound became worm-infested. Worms emerged in the wound
91 Othat ran from the back of his head to the neck. R. took out 30
worms from his wound.
Just at the time whe~iworms developed in his wound, he was forced
to empty a pail with faeces from the cell ont0 his head..."
The same witness speaks about other situations when he and other
detained Serbs have been beaten and tortured. At one point he says:
"...Many Muslims from the vicinity came to the silo to fetch wheat
and if they wished so, the camp staff and guards would let them
come into Our cells and beat us ..."
Witness 44/96 says aboutthe event of 4 June 1992:
"...Only half an hour after they brought me into the cell entered three
Muslim soldiers, arnied and in uniforms, one of them known as
"Mineralni", who ordered me to put my hands on the floor and then
kicked me on the head with boots. Then they took me out into the
corridor and ordered me to face the wall with raised arms and beat
me with batons. The beating lasted approximately 20 minutes, after
which they took me into the cell and ordered to take off my jeans,
shoes and jacket, which they took away. Only the next morning I saw
the condition my cell mates were in. They were al1 beaten up and
could not even stancl up to go to the corner to relieve themselves in
the pail which stood there for thispurpose ..."
The witness also said the following about physical torture:
"...The guards had ai habit to make up an excuse to take us into the
corridor where they beat us up. One day they brought L.K. into Our
cell.He had a knife wound on the back of his neck. The wound did
not heal and once they emptied a pail with faeces ont0 his head.
They also urinated ont0 the wound. As a consequence, he wound
became worm-infested.. ."
Witness 385196-2,who was in the camp since it was opened until it
was closed down, testifies:
"...On Saviour's Da.y, 4 June 1992, we were beaten up by the
soldiers whom Enver Dupovac brought to the camp. They barged into
911cells and beat up prisoners with rifle butts, batons, laths and
whatever they found handy. The beating was so severe that the walls
of the room where we were locked up were al1covered with blood.
One of the soldiers ordered me to lay prostrate, then raised both my
legs and beat me on bare soles with a wooden lath. I was hit 26
times in each leg and the first blow was so painful that 1 fainted.
Then they beat up L.K. with a wooden lath on the head, then they
made him a knife wound on the head, which later started to stink
and became infested by Worms ...They accused D.R. that he was a
sniper and beat him up so brutally that they broke his arm. He was
beaten by sera MeSanovic, deputy warden ...1 was beaten up again
on 20 June 1992 by saban, Miralem Horman and lbro FiSo. They
beat me up so severely that 1 repeatedly fainted and regained
consciousness only an hour later. They told me that they beat me up
at the order of Enver Dupovac, who was the chief inspector of the
Republican Ministry of the lnterior (MUP) of Bosnia and Herzegovina.
He also organised mass beating on 4 June 1992 ..."
Witness 386196-29, born in 1960, who was imprisoned in the TarEin
camp from 2 June 1992 to 27 January 1996, said:
"...One of the worst mass beatings of captives took place on 4 June
1992. This is when some soldiers, supposedly HOS members from
Rijeka, came to the camp, barged into cells and beat us up with
boots, rifles, legs, brass knuckles, sticks and other objects. Many
prisoners were severely wounded on this occasion. 1 was wounded
too and could not stand up on my feet for a month and a half ..."
Witness 344196-11, who was also imprisoned in the camp since its
establishment, testified:
"...As soon as we were brought to the camp we were subjected to
the worst physical torture. Some prisoners were taken to the warden's
office, into the corridor or basement, where we were beaten up.
Moans and screams could be heard coming from these rooms. On 4
June 1992 in early morning hours the warden Becir Hujic came in
and ordered us to tidy up the cells because some commission was
coming to inspect the camp. Soon afterwards I heard moans and
screams, blows and the sound of sticks breaking. At this point there
were 15 prisoners in my cel...After a short while at least 10 Muslim
91 2solders entered the cell. I assume by their accent that they came
from Sandjak. Among them was Tiro aka "Tiki" from the village of
Osenjak near Tarein, who led within this group in the brutality toward
the prisoners ...They beat us up with wooden broomsticks, batons
and rifle butts. We fainted from the beating and that lasted for almost
two hours. On that ciccasion I had two teeth knocked out, got a cut
in my upper lip ancl severe wounds on head and body ... In the
evening I was taken to the warden's office, where I saw ~erif
MeSanovic. There they tortured me and gave vent to their low
instincts for about 4 hours. They put my hands on the concrete floor
and hit with a rifle biutt. They stripped me to the waist and beat with
a club on the back so hard that my skin split open, leaving later big
scars. They beat me with a night-stick, doused with petrol and forced
me out with an intention to set me ablaze. However, when we
passed by my cell, one of them pushed the door and showed me
inside. I could not move for a few days and prisoners who were less
severely wounded took care of me.
Such torture continued every day. Guards were particularly brutal
when we went to the toilet located on the camp grounds, when they
used to beat us up ..."
Witness 858195-12said, among other things:
"...After we came to the camp in the silo in June 1992, they ordered
us to raise Our arms and stand by the wall, and then Muslim soldiers
started to beat us severely. Becir Hujic, the camp warden, was
present while the t~eating took place and gave orders. After the
beating, they put us into the cell number 6, where there were nine
prisoners. Those wlho have already been in the cell have been *
deformed, blue, covered with blood, swollen, could not move ...They
took us out for interrogation every day, asking us whether we had
arms, and ail the while they beat us brutally with sticks, kicked and
pounded with their fists.A Muslim soldier stood behind the
interrogated detainee and beat him up, and interrogation lasted until
the detainee would confess to whatever he was asked for or until he
fainted and fell, in which case he would be taken back to the cell ..."
Witness 718196-17, a pensioner born in 1942, who was kept in this
camp from June 1992 until February 1993, mentioned:"...As soon as I was brought to the camp, I was subjected to severe
physical torture. I earned severe wounds on the head and spine.
Among other things, they beat me with gloves on the hands that had
metal rivets which inflicted wounds on my head. I had open wounds
in the coccyx area that have not healed throughout my stay in the
camp.. ."
7.2.17.5.4. Humiliation
Serbs kept in the silo camp in TarCin have been brutally humiliated in
a variety of ways, some of which are beyond comprehension of a
sound human mind. This humiliation certainly contributed that some
Serbs, "living" in the described unsanitary conditions, almost without
any food, along with physical maltreatment and torture, did not endure
to get out of the camp alive or else were released in hopeless
condition and after a short while died at home or in hospital, as will
be elaborated below.
At this point we will mention just a few examples.
Bowinq as the Muslims do
Several witnesses, former camp prisoners, mentioned in their
testimonies some details referring to requests of the guards or camp
commanders that imprisoned Serbs do something otherwise practised
by Muslims during their religious rites (witnesses: 407196, 858195-12,
386196-29, 344196-11, 872195-7).
Witness 407196 said:
"...They forced us to bow as the Muslims do. They did so whenever
any of the guards found fit. We al1had to kneel and spread our feet
properly and from the kneeling position bow so that we hit the floor
with the forehead. We had to do this incessantly for half an hour,
uttering the words 'We believe in Allah'.."
Witness 858195-12 testifies:
"...They made us bow in our cells according to Muslim rites and to
say aloud 'Allah uegber'. After we did so, they told us that we were
no longer Chetniks, but Muslims.. ."
914Witness 386196-29says:
"...We were forced tcsbow according to Muslim rites, to pray to Allah
and to kneel motioiilessly for two hours on end, to sing Muslim
songs.. ."
Use of urine to humiliate the Serbs
Many Serbs, former inmates, testified of this kind of inhuman
treatment of the Serbs detained in this camp.
Thus, for example, witness 858195-1 2 stated:
"...Once they asked L.K. if he was thirsty and ordered him to take a
bucket with faeces ;and drink from it and finally emptied the bucket
over his head and put it on his head ..."
Witness 344196-11 States:
"...They forced some of us to pour ourselves with the urine from the
pail in which we urinated.. ."
Witness 718196-1 2 testifies:
". We have been incessantly exposed to humiliation. For example,
their guards used to urinate on us from a platform situated above the
cells..."
Witness 109196says.:
"...After the beating they ordered us to line up along the cell wall,
and they urinated on us from above, from the platform they could
walk on ..."
The following behisviour is an example of extremely inhuman
treatment.
Thus, witness 44/96 stated:"...My uncle, who was also imprisoned in TarCin, saw once that
soldiers urinated in the soup before serving it to us ...Four or five of
us ate this soup from the same dish ..."
Special methods of humiliation
lncarcerated Serbs, men and women, have been also humiliated in
other ways.
At this point we will mention one example of humiliation of men and
one example of humiliation of women.
Witness 718/96-23 stated:
"...They forced us to beat each other. Among the worst forms of
humiliation was when they made some prisoners put their penis into
other detainee's mouth.. ."
Witness 385196-3, a Serb woman born in 1949, testifies:
"...On 4 June 1992 a group of about 100 soldiers came to the camp.
They were brought by Enver Dupovac, who said that they were
volunteers from Rijeka, but we concluded that most of them were
from Sandjak. One of them made me bite into my fingers and I had
to do this untilI started to bleed.
Then they ordered me to strip al1my clothes, which I had to do, and
thus naked I stood in front of them for 20 minutes ..."
7.2.17.5.5. Serbs died from starvation and torture in the camp
Some Serbs detained in this camp died from starvation and torture.
They are:
1. Gojko Varagic from the village of Donja BioCa,aged about 60.
Witness 385196-3stated:
"...Guards took Gojko Varagic to his home, but he died soon
afterwards from starvation and exhaustion.. ."2. Bogdan Vujovic, aged about 65-70, a retired railway worker, from
the village of Doljani near Pazaric.
Witness 385196-3 mentioned that Bogdan Vujovic died in the camp
"from hunger".
3. Obren Kapetina, aged about 64, from Deovici near Pazaric.
Witness 718196-12 mentioned:
"...Obren Kapetina died in my cell from the consequences of torture
and starvation..."
Witness 385196-3 also testified that Obren Kapetina died in the camp
"from starvation" and specified that it happened in October 1992.
4. Petko Krstic, technician, born on 27 August 1959 in the village of
Rastelice, municipality of Hadiici, father:Ljubomir.
Several former camp prisoners (718196-1 4, 109196,858195-12, 385196-
3, 386196-29, 344196;-11)testified that Petko Krstic died in the camp
from the consequences of torture and starvation
Thus, for example, witness 385196-3stated:
"...Petko Krstic died in the camp from starvation on 13 October
1992.. ."
Witness 858195-1 2 SiayS:
"...They put something in Our food that caused dysentery and other
stomach disorders. 'This caused terrible pains and this is what my
relative Petko Krstic died from..."
5. Svetozar Krstic, born in 1928 in the village of Do, municipality of
Hadiici ,father: F'avle, pensioner.
(Witnesses: 718/96-21, 385196-3).6. Milinko Milanovic, born on 1 January 1943 in the village of Deovici
near Pazaric, father: Radoje, postman in Hadiici, married, two
children.
(Witnesses: 718/96-22, 385196-3).
7. Zdravko Samoukovic, aged about 21, from Pazaric.
Witness 385196-3 stated that Zdravko Samoukovic died from
tuberculosis which he contracted in the camp.
8. Vaso ~arenac, born in 1908, from the village of Lokve near
Pazaric.
Witness 718196-17 testifies the following in connection with the death
of Vaso ~arenac:
"...Next to me in the cell lay Vaso ~arenac, aged 86, who died from
starvation. The camp authorities claimed that he died of old age, but I
am certain that he died as a consequence of starvation that we were
al1exposed to. Most of us fainted from hunger. .."
Witness 385196-3stresses:
"...Vas0 ~arenac, born in 1908, died from starvation and
exhaustion.. ."
Witness 386196-29stated:
"...Between July and October 1992 Petko Krstic, Bogdan Vujevic and
Vaso ~arenac died in the camp from the consequences of beating
and starvation..."
7.2.17.5.6. Serbs killed or wounded while digging trenches on forced
labor at the front line
Many Serbs - former prisoners testified that Serbs from the Tarëin
camp at the silo were taken to the hardest manual work at the front
lines, while the fighting was in progress, and that they served as a
live shield to the Muslim army. During this forced labor some Serb
prisoners were killed and some severely wounded.
918Serbs killed while diqging trenches and engaqinq in other forced labor
at the frontnes
1. GORAN AND RI^, born on 22 October 1962 in KorEa, father:
Vojislav, mechanic, marr-edkilled o18 August 1993 in Donji
Kotarac near Hrasnica from ahell while he was in a trench on
forced labor (witn718/96-24),
2. RANK0 VITOR, iaka "Nane", born on 31 January 1959 in the
village oforta near TarEin, father: Vojin, driver, killed on Mt.
lgman where he was on forced labor on26 May 1993 (witness
718196-l),
3. ANOELKO GOLUE3,born on 6 March 1962 in Odiak near TarEin,
father:imSo, malster of mechanical engineering, killed on forced
labor on Mt.gmainon 26 May 1993 (witnes718196-23),
4. BRANISLAV NJEGOVAN, born on 5 November 1959 in TarEin,
father:Stevan, electrical technician, severely wounded during
forced labor on Mt. lgman on 26 May 1993 and died shortly
afierwards (witne718196-8),
5. MILOMIR PETRIC), born on 25 October 1962 in the village of
Ramici- Hadiici, father: Slobodan, train dispatcher from Pazaric,
killed on8 June 1993 during forced labor on Mt. lgman (witness
718196-7),
6. VOJO SUVAILO, born on 25 September 1967 in Odiak near
TarCin, father: Dirnitrije, traffic policeman, killed on forced labor in
Hrasnica on the front line onJune 1993 (witnesses718196-51
and 286196-29),
7. DANE CICI~, born in 1956, from the village of Ramici near
Pazaric, killed in August5during forced lab-rtrench digging
on the front-line in Sarajevo, while he was handcuffed and tied
with a wire ropewitnes718196-7).Serbs - camp prisoners wounded while digging trenches on forced
labor at the front lines
Several interviewed witnesses, former prisoners at the camp in TarSin,
located at the silo, testified that they have been taken from the camp
to forced labor on the front lineduring combat actions, and that they
have been severely wounded on these occasions.
Witness 109196mentioned, among other things:
"...On 3 July 1995 1 was taken from the camp to forced labor by
GuSica H.alls in Sarajevo where we dug up trenches and made
bunkers for the Muslim army. We were tied to a rope. On that
occasion I was severely wounded. I was hit in both legs, arms and
body. As the consequence of these wounds, I lost my right leg, while
the left one remained severely damaged.. ."
Witness 718196-7testified that on 6 July 1995, he was pushed ont0 a
truck with some 20 Serb prisoners, after they have been blindfolded
and handcuffed, taken on Mt. lgman and then driven to a place
called Stup, where heavy fighting was in progress. They were forced
to do the riskiest works, so that they could be killed or severely
wounded any time, that they stayed there three days and three
nights. The witness was shot from a rifle in both legs and arms, left
side of torso and lungs. He mentioned that several persons have
been wounded. wile B.B. received 17 bullet shots.
Witness 718196-21also testified that he was transferred with a group
of prisoners from TarCin to Krupa sometime in 1992 and that in
Krupa he dug up trenches on the front line and did other hard
manual works.
7.2.17.5.7. Serb camp prisoners deliberately killed
On the basis of testimonies by several witnesses it may be
ascertained that three Serb camp prisoners were deliberately killed on
22 April 1993, after four prisoners escaped while on forced labor in
Hrasnica.
The following were killed:1. RANK0 VARAGIC), born on 17 July 1969 in Sarajevo, father:
Radoslav, technician. The perpetrator was a guard named Faud
(witness 718/96-20),
2. SLAVISA KAPETINA, born on 22 January 1963 in Sarajevo, father:
th
Gojko, 4 year economics student, from the village of Zeovic near
Pazaric; guard named Faud is mentioned as the perpetrator
(witness 718196-1ô),
3. MILAN KRSTIC, born on 8 October 1950 in the village of
DomaSinec, father: Vojin, trucker; a member of the military police
by the name of Fleda is mentioned as the perpetrator of this crime
(witnesses 38619-2197, 18196-19 and 358196-3).
Finally, on the basis of testimonies by witnesses it is ascertained that
the following detainee was also killed while working on Mt. Igman:
4. JADRANKO GLA'JAS, aged about 28, economist from Sarajevo,
while the perpetra.tor mentioned is Nediad Hodiic, member of the
Muslim unit under the command of Zulfikar AliSpago, aka "Zuka"
(witnesses 385196-3and 718196-9).
7.2.17.5.8. Organisers of crimes committed in the TarEin camp at the
silo
According to the statements of a number of witnesses, organisers of
torture and killing of Serbs incarcerated in thearEin camp at the silo
were:
1. BECIR HUJIC, aka "Beca", born in 1957 or 1958 in the village of
LjubovCici near F'azaric, father: Muhamed, guard in the Central
Prison in Sarajevo before the war, warden in the Tarein camp from
the establishment until August 1994 (witnesses 407196, 858195-12,
385196-2).
Thus, for example, witness 858195-12 describes the beating of Serb
prisoners in June 1092, when they were ordered to raise their arms
and line up against the wall, and then Muslim soldiers beat them up
savagely. The witness mentions, among other things:"...Becir Hujic, the camp warden, was present white the beating took
place and gave orders.. ."
Witness 407196 described the presence of Becir Hujic during the
event of 4 June 1992, when rnany Serb prisoners were beaten up in
the camp.
2. HALID COVIC, born in 1953 in the village of Grivici near Hadiici,
a retired guard in the Central Prison in Sarajevo before the war,
deputy warden in TarCin until August 1994, when he became the
warden of the camp and occupied this post until the camp was
closed down in January 1996 (witness 407196).
3. SER~F MESANOVI~, aka "sera", retired guard at the Central
Prison in Sarajevo, one of the two deputies of warden Hujic, later
warden of the "Krupa" camp (witnesses 385196-2, 344196-1 1).
Thus, for example, witness 385196-2,when describing the beating of
Serb prisoners on 4 June 1992 and when talking about the torturing
of witness D.R. mentioned, among other things:
"They accused D.R. that he was a sniper and beat him up so brutally
that they broke his arm. He was beaten by sera MeSanovic, deputy
warden ..."
Witness 344196-11 mentioned:
"... In the evening 1 was taken to the warden's office, where I saw
~erif MeSanovic. There they tortured me and gave vent to their low
instincts for about 4 hours. They put rny hands on the concrete floor
and hit with a riflebutt. They stripped me to the waist and beat with
a club on the back so hard that my skin split open, leaving later big
scars..."
4. NEDZAD AJNARD~IC, now commander of the lSt Sarajevo Body,
brigadier in the Army of Bosnia and Herzegovina, visited the "Silo"
camp on 25 January 1994, when he was in cell No. 6, visited
again the whole camp on 13 March 1994 and was aware of what
was going on in the camp (witnesses: 38519613,344196-11).Witness 385196-3 mentions:
"...On 22 March 1994 the General of the Army of Bosnia and
Herzegovina Ajnard2ic visited the camp. He blackmailed us into
writing to Our relatives in Hadiici to provide certain data about some
Muslims. He threateried to kill us on the spot in retaliation unless we
did as he ordered.. ."
Witness 344196-11 SiilYs:
"...Towards the end of 1993 a state committee visited the silo and
publicly commended allegedly good conditions in the camp. During
1994 Nediad Ajnardiié, commander of the lSt Body of the Army of
Bosnia and Herzegovina visited the camp. When he inquired whether
we have been beaten in the camp and when we said that they
stopped beating us, but had beaten us before, he openly said that
we should be beateri.. ."
7.2.17.5.9. Perpetrators of crimes - torture of prisoners in the TarEin
camp - silo
On the basis of testimony by numerous witnesses - former Serb
prisoners in the carnp - it has been ascertained that the following
persons have been most frequently designated as perpetrators of
crimes against the S'erbs- their torture:
1. ENVER TUPOVA,C, born in 1951 in Dupovci near Hadiici, police
superintendent in tiadiici before the war, chief inspector in the
Ministry of the Inteiior of Bosnia and Herzegovina, organised mass
beating of prisoners on 4 June 1992, participated in setting up the
camp and in arrests and torture of the Serbs (witnesses 407196,
385196-3, 385196-2),
2. HIDAJET SAHIC:, guard from the village of KorCa near Tarein
(witness 407/96),
3. N. MISEVIC, guard, aged between 20 and 25 years (witness
407/96),4. MIRALEM, aka "Mineralni", guard, killed in the meantime (witness
407/96),
5.FEJAT, guard (witness718196-20),
6. FUAD N., guard (witnes718196-16),
7.FEDA, member of the military police (wit386196-29),
8. REFlK TUFO, aka "Refo", from the village of Turanovici, retired
policeman, aged about 50, since the beginning of war police
commander in TarCin, led a raid on Serbs from the vicinity of Hadiici
and their transfer to the camp in TarEin, on which occasion he beat
the Serbs (witnesses85196- 3nd 386196-29),
9. SABAN MUHIBIC, guard (witness385196-2),
10. MIRALEM HORMAN (witness 385196-2),
11. IBRO FISO, aka "Diiho" or "Diino", from the village of Trzan
near TarEin, guard (witness196-2).
Witness 385196- 2entions:
"..I was particularly beaten o20 June 1992 by saban, Miralem
Horman and lbro FiSo.They beat me up so severely that I repeatedly
fainted and regained consciousnessonly an hourter. They told me
that they beat me up at the order of Enver Dupovac, who was the
chief inspector of the Republican Ministry of theerior (MUP) of
Bosnia and Herzegovina..
12. SALK0 GOSTO, from Smucka, inspectorin the Public Security
Station in Hadiici before the war,vestigating officer in then
camp, notoriously brutal in beating of prisoners 344196-l),
13. ADEM NERADIN, guard (witness 344196-Il),
14. MENSUR (~ovI~, police investigator in Hadiici before the war
(witness344196-l),15. RIFET ~ANATK(~VIC, from Hadiici, police investigator in Hadiici
before the war (witnes344196- l1),
16. NEDZAD HOD;!IC, mernber of Zuka's volunteer unit (witness
718196-9).
Witness 718196-9 testified:
"...At that time we dug up trenches for the Muslims. We were beaten
and maltreated every day, while Nediad Hodiic from Sandjak took
the lead in brutality. He and other soldiers beat us up with chair legs,
laths and otherobjects. On that occasion I sustained a severe kidney
injury and urinated blood for two days, while I still feel the
consequences. Towiards the end of January 1993 Nediad Hodiic
singled out Jadranko GlavaS, handcuffed him and took him to hotel
MraziSte. The next day Hodiic told us that GlavaS had passed away
and cynically offered us his condolences. Then he beat us up
together with some other Muslims and one girl. I fell il1 from the
injuries sustained arid was incapable of doing any kind of work, so
they returned me to the silo o20 March 1993. ."
7.2.18. 0adanj
7.2.18. 1n 9 May 1992 the Muslim authorities and army rounded up
the entire Serb plopulation of the village of Lupoglavo in the
municipality of Klaclanj and drove thern to the camp for Serbs in
Stupari located in the school buildings. Serbs frorn other places in
this rnunicipality were alsodeported en masse to this camp.
The prisoners in this camp were subjected to physical abuse,
beatings and rnaltreatment. Among other things they were forced to
look at the Sun for hours, until they fainted. Some of them would be
taken to the Depaitment of the lnterior in Kladanj and returned al1
beat up so that they could not move for as long as five days.
Vladimir Kucalovic from Obrcevac, municipality of Kladanj, succumbed
to torture.The camp commander was Zijad Veizovic, former JNAsergeant, and
the commander of the military police in the camp was Kahro Veizovic
who, particulary, tortured and maltreated the imprisoned Serbs.
Evidence: 293193-10.
7.2.18.2. Serbs from Kladanj and the surrounding Serb villages were
shut in thebasement of the cinema theatre in Kladanj.
There were Serbs around 80 years old among the imprisoned.
In seven days in camp the witness was given food only twice.
Some of the prisoners were tortured and one of them - Mladen
JoviCicfrom Kladanj - hanged himself after having been beaten up.
Evidence: 184195-30.
7.2.18.3. The witness was captured in November 1992 and taken to
the command of the Muslim army in Kladanj. He was taken to a
room 3 x 4 m, where there was a board on the floor with nails
densely driven into it, protruding 2-2.5 cm and slightly bent. They
started hitting him on the head and shoulders with batons and at one
moment he fell on the board. When they lifted him up pieces of his
flesh stuck to the nails. He lost consciousness and they poured water
on him. Groups of Muslim soldiers took turns beating hirn, telling him
that as a Chetnik he should see how well the Ustasha punched. The
beatings took place regularly, mainly at night.
On the third day the Muslim soldiers took him out of the solitary
confinement cell in which he had been placed and, cursing his
Chetnik mother, told him: "Chetnik, choose the gallows you want to
be hanged from".
When he replied that he could hardly wait to be hanged as he could
not take the torture any more, they told him that there was time for
that as he had only been in camp for a short tirne. Then they took
him to the DrinjaCariver and held his head under the water to pull it
out only when he started to suffocate. Then they returned him to the
solitary cell and torched him with a welding torch on the soles of his
feet and on the back and drove needles under his nails. At the
926beginning of 1993, after he had been registered by representatives of
the lnternational Red Cross, he was transferred to hospital where he
stayed for two monthsand a half.
During his stay in solitary confinement he lost weight, going down
from 75 kg to 35 kg.
This act was committed by the commander of the Muslim military
unit, who the witness only knows was from ~ivinice, and by the
members of that Muslim military unit.
Evidence: 440/94-28 (svedoëenje M.B./testimony M.B., pp. c43-
~481~49-c54Annex No. C 7)
7.2.19.0. Tuzla
7.2.19.1. In December 1993 the witness was captured as a member
of the Army of the Republic of Srpska and then taken to the hangar
at Tuzla airport. He was put in a room 4 x 3 m. with another 26
Serbs. The room was totally dark as daylight did not reach it, while
at night a light bulb and a bel1were turned on simultaneously and it
rang al1 night so th,at they were unable to sleep and crouched or
leaned against the walls al1night. lmmediately on arriva1they stripped
his uniform so that lie remained with just an undershirt and drawers
on. They were giveri food seldom and it consisted of leftovers from
the Muslim soldiers' meals. Hygienic conditions were poor. They had
to relieve themselveis in a bucket in the corner of the room. They
were tortured and abcised every day in various ways. Once a 2 cm
thick board was brought into the room and al1of them had to hit their
heads against it, so that their torturers could see whose head was
the hardest, as they said. The prisoners were forced to sexual
perversions. From the adjacent rooms they could hear the wails and
screams of women who were most probably being raped.
On two occasions representatives of the International Red Cross
visited the camp but al1the prisoners had to Say that the camp was
al1 right although it was plainly obvious that the conditions were
abominable.This act was committed by members of the Muslim authorities, the
staff of the camp, and by "Kameni", a high official at the camp, short,
fair-haired and witha crooked nose.
Evidence: 88/95.
7.2.19.2. In the building of the lnstitute for Mining Research in Tuzla
was a camp for Serbs ran by Faruk Prcic, from Tuzla, former
production manager in the salt mine.
One of the prisoners was the witness 49/95-25 who was held for ten
days in a basement room filled with water up to a level of 120 cm.
In this room he was savagely tortured, beaten with batons, a steel
crowbar, cut with a knife and his wounds became infected and
festered, and he also sustained other bodily injuries. They would put
a clockwork explosive device with the clock ticking on the window
sash and remove it seconds before it was to go off, causing hirn
terrible anguish. They pointed a gun at his temple and pulled the
trigger, as in "Russian roulette". Once they gave him a live piglet
weighing 7-8 kg. to hold threatening to kill hirn if he let it fall. He had
to hold the piglet for a full 4 hours. The witness's clothes had
completely decomposed from his having to stand in water al1 the
time.
On arrest this detainee weighed 118 kilograms and lost about 30
kilograms after ten days in this camp.
Faruk Prcic from Tuzla is responsible for the torturing of Serbs in this
camp.
Evidence: 49/95-25 (svedoEenjeC.J./testirnony C.J., Annex No. C 47,
pp. ~475-~4831~484-~491)
7.2.19.3. The Serbs in Tuzla were imprisoned in the district prison in
Tuzla with women and old men also being put in camp. Some of the
prisoners were shut in special separate cells where they were
subjected to torture and maltreatment and some died of the
consequences. They received only minimal quantities of very poor
food. The prisoners were only allowed to take baths when
representatives of the International Red Cross came, and they got
drinking water only when the guards saw fit. They were not allowed
928to go to the toilet at night, and could go during the day only if and
when the guards let them.
Among the prisoners who were particularly brutally tortured were P.B.,
who was beaten until he fell on the floor in the corridor of the camp
building, and then they stepped on one of his hands with a boot on,
scraping off strips o'f skin, and S.M. whom they knocked out two
teeth on the right sicle of lower jaw and kicking him in left shoulder
inflicted haematoma that caused an open wound in the armpit.
The camp guards killed detainee Cvijetin Savic, from Smoluce, in the
corridor. in front of ccsllNo. 8.
Radovan Modrakovic, who was taken detainee when the Muslims
attacked the military convoy of the former JNA evacuating the
"Husinski rudari" barracks was also imprisoned in this camp. He
received no medical care in the camp, and as he was wounded, he
died.
lvica Kolar and the yards Zijo and Osman were especially brutal in
beating and torturing the prisoners.
Evidence: 49195-21 (and 516196-39 (svedotenje S.M./testimony S.M.,
Annex No. C 63, pp. c637-~6441~645-c651)
7.2.19.4. The witness was arrested in Tuzla and incarcerated in the
former (JNA) Army c:lub in the ticket office which was 1 by 1 m. in
size. During his incarceration in this camp, the witness was beaten in
a room housing the archive files as well as in the cinema theatre.
They beat him with clubs, armchairs, thick archive volumes, and they
cut his body with a knife. In the cinema theatre they also beat him
with chair legs, rifle butts, kicked him with booted feet and pounded
him with their fists. They hit him on the fingers with a hammer. The
witness sustained severe bodily injuries.
The most vicious of the members of the military police who beat him
was Mirhat Hadiiskakic, an ex-boxer from Tuzla.
Evidence: 49195-1 (Medicinski nalaz/Medical findings - Z 1, Annex No.
C 265, pp. c2277-c:2280lc2281-c2287 and photos in the Annex No.
Cl 61, pictures No 1-5, pp. 59-61)
9297.2.19.5. Towards the end of September 1992, after his flat had been
searched on a number of occasions, the witness was brought into the
Mining lnstitute in Tuzla, the premises of the museum which had
been converted into a camp for Serbs. They asked him to give the
names of Chetniks and SDS members in Tuzla, and when he told
them that he did not know a single one they flogged him with a
shoulder belt on the head and al1over his body and kicked hirn with
their booted feet on the testicles and other parts of the body. Then
warden Prcic came and gave hirn 10 minutes to write down the
names on a piece of paper. As he did not oblige, Prcic ordered the
guards to beat hirn more brutally. Theyput a bomb in his mouth and
he had to hold it so for 10 minutes, and when at a certain point he
wanted to activate it and tried to bite the fuse, the guards noticed,
pulled the bomb out and broke one of his teeth. Then they continued
to beat him, his nose and mouth started to bleed, he had cuts on his
arms and was in terrible pain. Then they stripped hirn naked and
beat hirn some more and cocked a "Scorpion" and put the barrel in
his mouth, with Prcic's finger on the trigger. Then they beat hirn
some more again and afte~ards took hirn to a place near Tuzla and
told him that they would drive hirn across the minefield and that his
death would be accounted for by his attempt to escape. There they
beat hirn with a rope which had ends of lead and again placed a
cocked rifle barrel into his mouth fingering the trigger and demanding
that he fulfil their demands. Then they brought two other Serbs there
and forced them to hit each other; then they tied the witness to a
chair. They tied his hands so tight that they became blue for lack of
circulation and he felt excruciating pain. In that position they
continued to beat hirn with a rope with leaden points and a soldier's
belt,telling hirn that no one could escape with their lives unless they
told them what they wanted to know. When al1this beating eventually
stopped they ordered hirn to scrub the corridor and the lavatory, and
after that, they ordered hirn to lie down prostrate and kicked him
mercilessly with their booted feet.
After having been beaten incessantly for 20 hours, the witness was
transferred to the camp in the "Husinska buna" army barracks.
The forensic expert established that the witness had sustained grave
bodily injury.This act was committed by Ahmet Zaimovic, aka "sevia", a
high-ranking police officer in Tuzla, Faruk Prcic, around 40 years old,
and Ramo KabaSi from Gnjilane, a former boxer.
Evidence: 486194.
7.2.19.6. On 26 May 1992, in an attack on the village of Dubnica in
the municipality ofKialesija, Muslim armed forces captured a number
of villagers in their-iomes as well as a number of wounded people
and took them to Tuzla, first to the former JNA barracks "Husinska
buna" and then to the district camp. There they were beaten up and
sustained severe bodily injuries affecting their kidneys, their teeth
were knocked out a~ndthey were denied any medical treatment for
the wounds inflicted on them during the attack on the village.
Evidence: 293195-19 and 293195-20.
7.2.19.7. The woman witness, a Serb by nationality, was hiding at the
home of her acquain~tancesin Tuzla. In mid-July 1993, she went out
to town to buy bread, but was halted by two Muslim military
policemen who took her into a house and raped her, cursing her
Serb mother. She conceived and had an abortion in the 9th week of
pregnancy in Belgrade.
Evidence: 24193-3.
7.2.19.8. Serb women were systematically raped in the make-shifi
camp in a tunnel in 'Tuzla.
According to the staitement of the witness whose identity is known to
the Committee, the village Brezje on Mt. Majevica, municipality
Lopare, was attackeirl by Muslim-Croat forces in June 1992. On that
occasion, two villagers were slaughtered. Women were taken away
and incarcerated in :xtunnel in Tuzla. During their five months' stay in
that camp, they were systematically raped by several men in a row.
Since their eyes were tied with scarfs, and they were kept in
darkness al1 the tirrie, they are unable to identify the perpetrators.
They were being told that "Serb women will no more give birth to
Serb children, but to Muslim and Croat children instead". They were
allowed to be excbianged only in late months of pregnancy. Thistestifies to the intent to alter the ethnic structure in
Bosnia-Herzegovina by systematic and group rapings of Serb women.
7.2.19.9. During 1992, a makeshift camp for individuals of Serb
nationality was set up at the stadium of the "Sloboda" soccer team in
Tuzla, where a minimum of 25-30 women were held. Almost al1 of
them were raped, and the act of sexual intercourse was committed in
public, for everybody to see. The women witness, became pregnant
and had to have an abortion in Belgrade,afterl8 weeks of pregnancy.
Evidence: 24/93
7.2.19.10. A woman witness of Serb nationality was arrested and
taken to the camp at TuSanj where she was held from October 1992
to March 1993. In the camp, she was repeatedly raped, several times
a day, by members of Muslim armed formations. She was also
tortured in various ways, beaten, cigarettes were extinguished on her
body, she was hit in the head, her anus bled, etc. In April 1993,
following her psychiatrist's recommendation, the witness had an
abortion in Belgrade, in 17th week of pregnancy. A 70 year old
woman of Serb nationality was also raped in this camp.
Evidence: 24/93.
7.2.20.0. GradaCac
7.2.20.1. In early November 1992, in the Secondary Education Centre
in GradaCac, which had been converted into a camp, the witness
339194-19 was present when Roka Huskic (father: Husein) from
GradaCac killed Milan Blagojevic from the village of Avramovina near
GradaCac. Huskic kicked and hit him with his feet and fists to death,
and then forced the witness to take Blagojevic to a near-by haystack
which he then set on fire, threatening the witness that he would do
the same to him.
Evidence: 339194-19.7.2.20.2. The witness was captured towards the end of October 1992
as a soldier of the Army of the Republic of Srpska and taken to
GradaEac to the camp located in the Secondary Education Centre.
He was subjected to torture and interrogation during which Roka
Huskic burnt his beard with a lighter, cut his throat with a knife and
the vein in his right forearm, and when blood issued forth he had to
Iick it off. Huskicorc:ed him to stand on his head and then beat him
on the heel of his lefi leg until it went numb and then burned his leg
with a lighter. While in the camp he did not dare go to the toilet
because policemen mraitedthere and beat anyone who dared to go.
The following have been identified as the perpetrators: Roka Huskic
(father: Husein), lsakIm5irevic, and Ciga Anton, aka "Ciganin".
Evidence: 339194-19.
7.2.21.O. Jajce
7.2.21.1. A camp for Serbs was set up in the gymnasium of the
"Bratstvo-jedinstvo" (Brotherhood and Unity) elementary school in
Jajce in September -1992.
Thirty-two Serb civiliims from the village of Kru5Eice were brought to
this camp, where eight citizens from Jajce, whose names are al1
known to the Committee, were also imprisoned.
The guards in this camp treated the prisoners inhumanely, beat them
and let other Muslirris do the same, at night, as a rule. They did not
allow the prisoners to leave the room, where they stayed for days, to
relieve themselves.
These citizens were held in the camp until 29 October 1992, when
the Army of the Republic of Srpska liberated them.
Person to be held responsible: Midhat Karadiic, president of the
Commune of Jajce, who approved the establishment of the camp,
Hazim Pivolic camp warden, and shift commanders Smail Popaja,
Enver OsmanCevic, ;and ldriz ~uiic.
Evidence: 116195-3,561194-7 and 333195-1 3.
9337.2.21.2. In mid-1992, a camp for Serbs was set up in the premises
of the Electricity Board in Jajce where civilians, whose names are
known to the Committee, were held.
In this camp, they were maltreated and tortured, and beaten every
day. DerviS Bajramovic and Hamid Bostandiija took the lead in
brutality. They knocked out four of.B.'s teeth and inflicted a number
of stab wounds on K.S.
The imprisoned Serbs were given meagre rations and were physically
exhausted. Mirko Romac died of exhaustion and attrition of the
organism soon after he lefî the camp when Jajce was liberated in
October 1992.
Evidence: 116195-11 and 561194-6.
7.2.21.3. In July 1992 the witness 561144-3 was put in the camp
located in the Secretariat of the lnterior building in Jajce and placed
in a solitary confinement celi with a concrete floor. The guards beat
him several times every night. They threatened to bring "Filka", a
specialist for cases like his, and did bring her one night. She made
him stand with his back against the wooden cell door and then hurled
the bayonets from automatic rifles at him. They stuck around his
body, like in a circus. Then she ripped his shirt and extinguished
cigarettes on his body making 10-15 blisters. She slashed his nose
with a bayonet. Filka came again about ten times to beat the
witnesses.
One night, when the witness was transferred to a collective cell, 4-5
drunken HVO soldiers who had come from the front line rushed into
the room and started beating them. All the imprisoned Serbs were
gored in blood. They forced them to lick their own blood off the
concrete floor, without letting them raise their heads. When the
witness once raised his head, they hit him on the right arm so
strongly that his bone broke in three places. The soldiers who beat
them had camouflage paint smeared on their faces. Then they took
the prisoners out into the corridor, one by one, and continued to beat
them there.Perpetrators: Enes, HOS commander from Zavidovici, around 30
years of age, about 180 cm. tall; "Filka", around 23-25 years old, 165
cm. tall, full- bodied and robust, and Saraf ~imun.
Evidence: 561/94-1 and 561/94-5.
7.2.21.4. The witness was brought to the camp located in the
administration building of "Elektrovrbas" in Jajce on 6 September
1992. The territorialdefence police command of the Army of Bosnia
and Herzegovina ha.d its premises in the building, including the
basement. There he found three Serbs who told him that they had
been captured in the village of Barevo. They were in JNA uniforms,
barefoot, beaten up ;and covered with blood. Ali three of them were
taken away and the guards later said that they were swimming in the
Vrbas river, for whic:h reason the witness concluded that they had
been killed. The witness himself was immediately beaten and
sustained a number of injuries on his head, which kept bleeding. Two
of his teeth were knocked out. One night, he was taken to an office
where they clipped a microphone on his lapel and he later learned
that his interrogation had been broadcast live on Radio Jajce in a
programme called "Midnight talk with a Chetnik". During the
interrogation, one of the policemen was sharpening a knife in front of
the witness and testiing its sharpness on a piece of paper, stabbing
the witness occasion;ally, in his left arm, which had been injured and
swollen. They had questions prepared beforehand and whenever the
witness could not or did not answer, they hit him. Muslim soldiers
from the front line would often come into the cell at night to beat the
witness and other prisoners. The prisoners avoided going to the toilet,
because they were invariably beaten by the guards in the corridor
when they did.
The witness was especially beaten on the sensitive parts of the legs,
the insides of his thighs, his shins, the soles of his feet, his toes, so
his legs swelled and his toenails fell out. As a consequence of what
he went through in this camp, the witness is incapable of even a
minimal physical effort, has developed a fear of the environment, has
nightmares, pains in his spine, breathing difficulties.
Perpetrators: Hamid Bosatdiija, from Jajce, Mujo Zgonic, employed
with "Elektrobosna", Zijad Skiljan, policeman in the Public Security
Station in Jajce,Muharem Zjajo, Safet Mukic, and others.
Evidence: 561/94-6 and 116/95-11.
9357.2.21.5. In June 1992, the witness, 57 years old, was arrested in her
home and taken to the camp located in the Secretariat of the lnterior
building in Jajce. During the interrogation, she was threatened in
various ways. They had her stand against a door and threw knifes,
which stuck in the door around her. They made her listen to a taped
account of the suffering of Serbs at the hands of the Croats and
Muslims, which also mentionedthe members of her family as victims.
She could hear that her husband and son had been killed and that
Croats and Muslims played football with their chopped off heads.
They ran this tape for her every day.
When she was released from camp, she was tormented and lost to
the point that she could not recognize her own son and husband
when she met them. One of the consequences of her experience in
camp is fear to be alone even for a minute. She is especially restless
at night and suffers from insomnia.
Perpetrator:USic, a Muslim from Biokovina near Jajce.
Evidence: 561194-4.
7.2.21.6. From May to the end of October 1992, members of
Croat-Muslim military and civil police arrested Serbs in Jajce and
incarcerated them in the former Secretariat of the lnterior building and
in the building of "Elektrovrbas", where they were tortured physically
and mentally.
One of the prisoners was kept in solitary confinement for a long time.
lnside it, they hit him with sticks and other objects. They hurled
knives at him as he stood against a wooden door, like in a circus,
extinguished cigarettes on his body, etc. In the collective room, they
beat the imprisoned Serbs and forced them to lick their own blood off
the floor. In the adjacent room there was a group of imprisoned
policemen from Mrkonjic Grad who were subjected to monstrous
torture with, among other things, their goodteeth being pulled out.
They also held elderly women in this camp and tormented them by
forcing them to listen to tapes with what they said were the recorded
accounts of Serbs from Jajce, including members of their families,
936saying that they had allegedly been forced by Croats and Muslims to
play football with the chopped off heads of Serbs, which caused them
mental pain and anguish.
The warden of the c,amp in the building of the former Secretariat of
the lnterior of Jajce was Mladen Bilic, teacher of physical education
from Jajce, and Sabic, Saraf Simun, Jozo Lovrenovic and a certain
Filka took the lead in torturing the prisoners.
Evidence: 561194-4, 5,61194-5,333/95-11,12,13 and 14.
7.2.21.7. In early July 1992 the armed Croat- Muslim forces from
Jajce entered the Serb part of the village of Barevo, municipality
Jajce, and arrested al1the local Serb villagers which they found there,
including elderly people: iivko ~igoja and his wife Cvijeta, Mirko
Trkulja and his wife Anda, their son and grandson, Nikola Jandric,
Stojan Jandric, Zoran Jandric, Jova Stupar and Pero Zec.
They took them to a camp in Jajce set up in the army barracks near
the Catholic Church, where they kept them for 10 days and then put
them in Croats' private homes in Jajce, forbidding them to go out.
They were not allowed to return to their homes, but were sent to
Mrkonjic Grad two rrionths later, through an exchange. Their houses
in the village of Barevo were looted and devastated.
On the same day, the Croats arrested N.S. at his home in the village
of Barevo and took him to camp in the Secretariat of the lnterior
building in Jajce. They tortured and maltreated him, made him lick off
other prisoners' blood. etc., for which reason he had to be under
treatment for a month afîer he lefî the camp.
Evidence: 333195-5
7.2.21.8. On 13 June 1992 a group of 15 captured Serbs, policemen
of the Public Security Service in Mrkonjic Grad, were brought to camp
in the Secretariat of the lnterior building in Jajce by members of the
Croat-Muslim armed forces. During their arrest by Jozo Lovrenovic,
aka "Cole", from the village of Seoci - Jajce, policemen Milan IliCic
and llija cigoja were disarmed and killed.In this camp, the captured policemen underwent physical and mental
torture, and some of them were afflicted injuries with lasting
consequences. They were, among other, forced to pull out their own
good teeth with a metal part of a hanger.
The most vicious among the perpetrators were: Jozo Lovrenovic,
Ramiz Pracalic, ~ibun Saraf, Zijad Ibric, Ante Petrovic, Fahrudin
~abic. Ante Lukic and others.
Evidence: 333195-11 , 333195-12, 333195-14.
7.2.22.0. Banovici
7.2.22.1. The Muslim camp in Banovici located in the premises of the
Railway Traffic Directorate was the place where most of the Serbs
from Banovici were incarcerated.
Almost everyone in this camp was subjected to torture, beating and
al1 forms of abuse. The basement rooms where they were placed
were so small that they could only stand. They only made some
room for those who had been beaten up to lie down. To be beaten,
they were usually taken in paibs to a room on the upper floor. As a
rule, this was done at night, from 21.00 hrs. to 04.00 hrs.
V.D. was particularly severely tortured. In June 1992 in after-midnight
hours they beat him with batons, pounded with their fists and kicked
with their boots on. When he fell from the blows, they trampled on
his chest. When he returned to the cell, among other prisoners, he
fainted. The injuries sustained left consequences in the form of
discopathia, he lost 9 teeth and had to have an operation on the
veins of his left leg.
Drago cazic and Rajko Kalajdiija died of the consequences of
torture.
The camp warden was Esad KoCic and the worst torturers were
Muradif Berbic, Ibrahim Kajtazovic, aka "Kajtaz", Fikret Mrkonjic,
Miralem colic, Miro GetoS, and Mirza Dedic.Evidence: 49195-12, 49195-11, 184195-43 (svedoëenje M.K. 1Itestimony
M.K.l, Annex No. C 49, pp. c496-~5031~504-c5O 1), 184195-45,
49195-14, 49195-13 a.nd 184195-46 (svedoCenje V.D.1testimony V.D.,
Annex No. C 24, pp. c228-~2361~237-c243)
7.2.23.1. In ~ivinice members of the military police of the Army of
Bosnia and Herzegovina imprisoned Serbs in the building of the old
Post Office, the building of the former Employment Office, in the
locker room of the "Mladost" stadium on Gaonica ~areljka, in the mil1
in Ljubaëa and Malina. In these camps, the Serbs were subjected to
torture and maltreatment at the hands of military policemen.
The Serb prisoners in the camp in the old Post Office were beaten
with rifle butts, kickeirl with their boots on, hit with batons, with bags
filled with pistol amniunition and other objects. They were forced to
kiss the picture of Alija Izetbegovic and to shout "Long live sovereign
Bosnia and Herzegovina". Their food consisted of some broth with a
few beans and a thiri slice of bread.
The cruellest among the military policemen who tortured the prisoners
were the following: Enes Gurdic, Meludin BeSic, a former JNA pilot,
Himzo cavu~ic and others.
Evidence: 49/95-21.
7.2.23.2. In Ljubaëe, the municipality of hinice,Muslim military police
set up a camp for Serbs arrested in the area of this municipality.
Al1 the prisoners in this camp were subjected to torture. They were
beaten with riflebutt:s, bats, table legs, rubber sticks, etc. They were
taken to the Secretariat of the Interior in iivinice for interrogation,
where they were beaten again.
Mico Ristic succumbed to torture in August 1992.
After a period of "treatment" in this camp, some prisoners were
transferred to theDi.strictPrison Tuzla.
939On one occasion, when a lady memberof an International Red Cross
team saw the condition of the prisoners brought from LjubaCato the
Tuzla camp, she burst into tears and commented: "1s it possible for a
human being to do something like this to a fellow human being?".
Evidence: 293195-1 1 and 293195-12.
7.2.24.0. Trnovo
7.2.24.1. On 10 June 1992 a camp for Serbs was set up in
Godinjske Bare near Trnovo. The camp was in a private shed made
of solid material, 2.5 by 3.5 m., with a concrete floor and a small
boarded up window. It was established by Ethem Godinjak and
Medaris ~aric and, on the same day, Serb citizens I., L., V., the
married couple E. and an Orthodox priest were incarcerated in it. At
times, more than 16 persons were cramped in this cca. 8.5 sq.m.
room. Except for one hole in the wall, 12 cm in diameter, which
se~ed for ventilation,there were no other openings, and the
prisoners took turns breathing through this hole. The toilet was in a
corner of that room. The peopleoften fainted from exhaustion and the
lack of air. The guards beat them every day with various wooden
objects, rifle butts, their hands and their feet. The guards also forced
them to burn the Serb flag and to sing Muslim songs: "We hail and
love you, Alija" and "Keep your chin up, Bosnia" and videotaped them
singing. The guards Dino SavCic, Nijaz Torlak, Edin Hamzic, Safet
~amic and lzet Cibra tortured the prisoners the most.
The following died of the consequences of beating and torture in this
camp: Milorad Diilit (father: Vlado), born in 1940; DuSan Badnjar
(father: Mitar), born in 1953.
The following have been recognized among the perpetrators: Ethem
Godinjak aka "Edo" (father: Ibrahim), Medaris ~aric, Ramiz Ramic,
Enes KaraCic, Fahro Dedovie, Emir NiSic, Samir Bibovic, Muzafer
Keco, Dino SavCic, Nijaz Torlak, Edin Hamzic, lzet Cibra and Merim
Bratic.
Evidence: 2632-8, 228194and 243195-227.2.24.2. At the begirining of August 1992 a camp was set up in the
kindergarten in Trnovo. The exact number of prisoners has not been
established, but about 50 Serbs were taken daily from it to be
exchanged. The prisoners were maltreated and battered every day.
Muslims came regul~arlyto the camp to beat the prisoners, in
particular the captured combatant L. from Kalinovik. They were given
a meagre meal once a day, and sometimes not even that. They slept
on the floor without any spreads or covers.
The following have been identified among the perpetrators: Mirza
Belonja, Edin Hamzic (father: Ismet), lzet Cibra, Senad SaEic, Ramiz
Ramic, Enes KaraCic,Safet Gagula and Diemal Imamovic.
Evidence: 228/94.
7.2.24.3. In June 1992 a camp was set up in the village of DejCic
near Trnovo, where over 150 persons of Serb nationality, mostly
women, children and old men, were held. The men were shut in one
room and the women and children in other rooms. The guards were
members of the families Dedic, Durmo, OruEevic and Mulaosmanovic
from the neighbouriing villages and Safet Durmo was the camp
commander. Muslim extremists came to the camp every day to torture
the imprisoned and defenceless Serbs. They beat them viciously with
metal bars, rubber sticks, hands and feet. The prisoners bled
profusely and lostcomsciousness.
Milenko MiovEic, borri in 1923, died as a result of beating. They had
punched him and kic:ked him repeatedly and hit him in the head and
stomach with various objects, including a bottle filled with water, after
which he went into a coma and died two days later.
Nikola ~ehovac from Gornja Presjenica also died from the
consequences of torture in this camp two days after he was
exchanged.
The following have been recognized as the perpetrators: Safet Durmo,
camp commander, I!;met Kolar, Suno Dedic, Dino SaEic, lzet Cibra,
Samir Drnjakovic, Avdo Cosic, Zejnil Lehic, Azis Dedic, Avdija Dedic,
Suljo Dedic, Mehmecl Zoltan and Hamid OruCevic.
Evidence: 228194.
9417.2.25.0. Lukavac
7.2.25.1. The Muslims in Lukavac incarcerated Serbs and subjected
them to vicious torture.
They held a group of Serbs shut in the slaughterhouse in Lukavac
and derived sadistic pleasure from maltreating them in various ways;
for instance, they suspended them on meat hooks on the wall and
then beat them, slashed them with knives, hit them in the testicles,
forced them to eat sand.
They particularly brutally tortured Z.M. who was "black as coal" from
the beating, R.M., B.M. (disfigured from the beating) and B.C. (whose
arms they slit with razor blades). They stuck a water hose with water
running under pressure into their mouths. They held them in a tiny
room, where the floor was at ail times covered with water app. 8 cm
high, thus additionally harming prisoners' health.
Nenad NeSic, aka "ToSinl1,from Lukavac, died of injuries inflicted by
Fikret Morankic. aka "Fiko".
This camp in the slaughterhouse in Lukavac was run by Fikret
Morankic, aka "Fiko", who had his own troops. The following also
engaged in the torture of imprisoned Serbs: Damir DrljaEa, aka "Zagi",
from Lukavac, Fahrudin Omerdic, aka "Fahro", Kemo, aka "~orba",
from Lukavac (former employee of the coking plant), Vlada ~antak,
Mrdiic, aka "Mrdia" and others.
Evidence: 635194 and 15195-1 (Annex No. C 248 svedoëenje
~.~./testimony C.B., pp. c2127-21441~2145-c2157)
7.2.25.2. Members of the Croat armed forces held imprisoned Serb
civilians in the premises of the workers' hostel in Savatovac, a place
some 18 km away from Lukavac. They "interrogated" them in the TV
room in the basement and hit them with batons and other objects,
trampled on them, and did similar things. They broke several ribs onl3.C.'~ lefi side, D.V. sustained severe kidney injuries. M.D. was also
brutally tortured and maltreated.
They forced them to sing Ustashi songs and to shout "Long live Ante
PaveliC".
Particularly vicious among the torturers of Serb prisoners were:
"Civerica", former trucker from Bijeljina, Goran from Zadar and Janez
from Maribor.
Evidence: 15195-1
7.2.26.0. Medjedja
The Muslim Territorial Defense HQ in ViSegrad issued an order on 9
July 1992 No. 136/!32 to set up a camp in the territory of the
municipality of ViSegriad.
The following premises were singled out prisoners:
The Central Prison for "soldiers and other persons" in Medjedja
"where persons senitenced to imprisonment over ten days will be
kept".
"Prison premises" in Crni Vrh, Drinsko, Okrugla, Prelevo and Holijaci,
for soldiers and persons deprived of liberty for a period of up to ten
days. The military police was assigned to set up the camps and
provide camp premises.
The commander of the military police in Medjedja was in charge of
security for the Central Prison in Medjedja "with al1adjacent facilities",
and he was to be assisted by the commander of the "16 May"
battalion stationed in Medjedja.
Evidence: 279195-2
On 8 August 1992 iri an attack on the Serb village of Bursici Muslims
captured the womeri witnesses A., M. and K. near the village and
took them to camp in Medjedja.During interrogation they physically tortured the witnesses demanding
that they tell where the Serbs and the weapons were. They hit them
with batons so that they were bruised al1 over their bodies, they
pushed rifle barrels down their throats knocking out A.'s tooth and
stripping some skin offK.'s neck.
In the camp they seldom received food and water and were
prevented from going to the toilet and had to relieve themselves in a
bucket in the same room. The women prisoners were taken by force
to the tunnel at Brodar to make the Serbs in the tunnel surrender.
They were beaten with rifle butts and trampled on until they fainted.
They were stabbed with knives in the back of the neck, grabbed by
the hair and.thrown violently onto the floor.
The following perpetrators have been identified: Ekrem Muharemovic,
camp commander in Medjedja, Alija Gegic, Avdo Muharemovic and
Haro Anic, al1from Medjedja.
Evidence: 440194-5and 39.
7.2.27.0. Travnik
7.2.27.1. Towards the end of May 1992 17 Serbs were held in a
section of the smeltery, enclosed by barbed wire, of the "Bratstvo"
factory in Travnik. Muslim soldiers maltreated and tortured the Serbs.
They were beaten every day. When Sinisa Pavic, 23 years old, from
Visoko, returned a blow and hit a Muslim soldier, a guard nicknamed
"Hasa", the guard whacked him with a rifle butt throwing him on the
floor and hit himagain piercing his chest and killing him.
Another Serb whose surname was Tegetlija and who had been
captured near Jajce was also killed.
Perpetrators: "Hasa", a Muslim guard about 185 cm. tall, Abdulah, an
lraqi citizen who was in Travnik for specialized training at the
"Bratstvo" factory, SelimHadiiomerspahic, about 35-40 years of age,
a watchman in the factory before the war, Mirko Lasic, HVO
commander and Mario Kordic.
Evidence: 155195.7.2.27.2. Towards the end of October 1992, the witness was taken to
the camp in the "Petar Mecava" barracks in Travnik. They produced
his alleged statement according to which a radio transmitter, a sniper
rifle and 1,000 bullets had been found in hishouse and forced him to
sign it.
After several days olf torture he could not but sign it. They also
forced him to write a letter to his brother, in the Serb Army, informing
him that he was in camp, convicted for the possession of a radio
transmitter, a sniperirifle and 1000 bullets and asking him to release
26 Muslim prisoners. For the alleged offence he was placed in the
first category of prisoners of war although he had been arrested as a
civilian.
During his stay in this camp in Travnik, the witness did not receive
any written court decision. He was exchanged on 2 November 1992.
The perpetrator he recognized is Salko Bebo, a Muslim.
Evidence: 561 194-3.
7.2.27.3. On 6 September 1992 the Muslim armed forces attacked the
Serb villages of Grdovo and Krezluk, municipality Jajce, and captured
Jova KovaCic, Stanlto KovaEic, their 70-years-old mother, Bogdan
Trninic, Janja Trninic,llija Samardiic, Radojka Pilic, ail aged over 75
years, as well as Briinko Dubara, Milan Lazukic, Zoran RuiiCic, Vesa
Ilic and Rajko Plisnic. They were captured by a Muslim unit known as
"KrajiSnici" from Kozarac near Prijedor which was under the command
of one "lrfan", allegedly a former JNA officer. Among the soldiers was
also a man whose nickname was "Buba", known as a criminal. When
they were being taken detainee, the said Serbs were maltreated and
beaten, and not everi the elderly people were spared.
All captives were taken to Travnik and put in camp in the former JNA
barracks "Petar Mecava", where they were subjected to different kinds
of humiliation, maltreatment and torture, and inflicted severe physical
and mental pain. Arnong other things, they sought to force brothers
Jova and Stanko Kovaëic to have sexual intercourse with their old
and sick mother, but one of the guards prevented it. They also forced
one of the detainees to kiss the boots of some Muslim soldiers, etc.
945The following took the lead in brutality towards the Serb civilians: the
camp warden, a tall, swarthy man, slender and Stern faced; Mihret
Karahodiic and Muhamet Hadiibegovic from cerkezovici, municipality
Jajce; Kurt Esad from Jajce; Alija ~vraka and Besim ~vraka from the
village Dogan near Jajce and others.
Younger detainees from this group were taken from Travnik to the
Zenica penitentiary, where they were also tortured, whereas the old
people stayed in the Travnik camp for 18 more days before they
were exchanged. During that time, the old people were not given
anything to eat and were deprived of the possibility to wash
themselves. Their mental state deteriorated and they were driven to
the brink of derangement.
Evidence: 333195-3, 333195-4
7.2.28.0. Srebrenica
7.2.28.1. Detainees of war as well as arrested Serbs including young
children, old and infirm people, women and even retarded persons
were being held in the Srebrenica camp located between the former
Secretariat of the lnterior building and that of the District Court. The
fate of many who had been brought to this camp is completely
unknown.
All the incarcerated Serbs were subjected to vicious torture. The
following died of injuries sustained in camp: Ur03 Jovanovic, Dragomir
Mitrovic, Dragutin Kukic, Branko Sekulic, Konstadin Popovic, Mico
Milovanovic, Bogdan ~ivanovic and Stojan Krsmanovic.
Ljubica Gagic could not stand the torture and humiliation in this camp
any longer and committed suicide. A Serb mother and her two
children, a 3 years old and a 6 months old, were also brought and
kept in this camp.
The Muslims also brought a four-year old child, whose mother had
been killed, to this camp.The persons most rissponsible for everything that took place in the
Srebrenica camp are: Naser Oric, Zulfo Tursunovic, Kemal
Mehmedovic. and ott-iers.
Evidence: 560194 (svedoëenje M.J.1testimony M.J., Annex No. C 130,
pp. CI348-13501~1351 -CI355), 514/94, 493194-27, 493194-26, 635194,
378194-4, 378194-1(Medicinski nalazIMedica1 findings - Z 4, Annex
No. C 266, pp. c2288-~22901~2291-c2295and photos in the Annex
No C161, pictures No 1-3, pp. 62-64), 378194-14 (Medicinski
nalaz1Medical findings - Z 8, Annex No. C 267, pp. c2296-
~22981~2299-c2303and photos in the Annex No C161, pictures No 1-
2, p. 65), 378194-2, 378194-7, 378194-5(svedoëenje S.M.2ltestimony
S.M.2, Annex No. C 73, pp. c744-~7481~749-c752), 378194-24
(svedoëenje I.l.1testinnonyI.I., Annex No. C 41, pp. c416-~4221~423-
~428), 493194-17, 509194-4,509194,493194-11.
7.2.28.2. Premises of the hospital in the Spa of Guber was one of
the camps for Serb:sheld by Muslims in Srebrenica area.
Evidence: 32196 (svedotenje M.A.2ltestimony M.A.2, pp. cl 6-cl 81~19-
c21 Annex No. C 3, Medicinski nalazIMedical findings - BG 9, Annex
No. C 253, pp. c2191-~21951~2196-c2199and photos in the Annex
No C 161, pictures IVo 1-4, pp. 89-90)
7.2.29.0. Visoko
7.2.29.1. Members of the Muslim police and army in Visoko
incarcerated en masse Serbs from Visoko and its surroundings, men,
women and even children aged 10-12 years, in the camps set up in
the building of the! former JNA "Ahmet Fetahagic", barracks the
basement of the loc,alcamp, local community building and the primary
school "Konjiëki odred".They were interrogated, harrassed, battered
and killed every day.
From August 1992 to May 1993, the witness B.C. was held in the
camp in Visoko witlh 60 other prisoners. He was beaten every day.
When he fainted, w1aterwas poured on him, to corne round and be
beaten again. He also had to do physical labour on the front line until
he was exchanged.
947The perpetrators of these acts were members of the Muslim armed
forces from Visoko. Directly responsible are Mirsad Halilovic, aka
"Mreo", Asim Hamzic, Zijad Valjevac, Zamir Smajovic, and others.
7.2.29.2. In the period from 3 June 1992 to 30 January 1993, witness
D.N., a Serb, engineer of technology from Visoko, was detained in
the camp in the former army "Ahmet FetahagiC" barracks in Visoko.
During the interrogation, the witness was beaten by Abdulah Kadric
and other guards in the camp, who used their feet, wooden handles,
electric wires, rifle butts and barrels, sand filled sacks, etc. As a
result, he sustained bodily harm, his ribs were broken on the left and
on the right side, and his lower spine was injured.
This witness confirmed that the following people died as a result of
injuries inflicted in the camp:
Sveto Vujisic, and
2. Slobodan Gogic,
both Serbs from Visoko.
Around 500 arrested Serbs were incarcerated in that camp.
On one occasion, warden Kadric put a bullet in his revolver and
placed it against the witness's temple, telling him that one bullet is
enough to kill an elephant. He pulled the trigger and fired, but only a
klick was heard.
Evidence: 292195-8 (svedocenje D.N.1testimonyD.N., Annex No. C 79,
pp. c799-~803/~804-~807).
7.2.29.3. The woman witness (identity known to the Committee), a
Serb, single, was raped in early June 1993 by Muslim army soldiers
in Visoko. She conceived and had an abortion in the 25th week of
pregnancy, on 19 November 1993. She had previously been
examined by a psychiatrist, who found a reactive depression and
stated that she may commit suicide unless she is allowed to have an
abortion.
Evidence: 24193-17.7.2.29.4. In April1992, al1 Serbs in Visoko, were forbidden to leave
theirhouses and apartments. They were not allowed to go out in the
street atall.
Al1telephone lines of Serbs were disconnected.
Evidence: 234195-22.
7.2.30.0. Mostar
7.2.30.1. The Third Submission of the US Government of 10
November 1992 states that on 12 May 1992 Croat authorities
arrested a 59-year old Serb pensioner and his son in Mostar. No
reason was given e:>tceptthat they were Serbs. They were held in
camp in Mostar and forced to do hard labour digging bunkers and
other defensive installations at theirport. Those who were unable to
work or tried to reist were beaten with batons on the head and
kidneys.
7.2.30.2. According to the estimate of S.V., who stayed in the
~elovina prison (formerly the district camp) in ~anticeva street in
Mostar from May to August 1992, the number of incarcerated Serbs
was about 500 (the camp had been converted into a collection camp
for Serbs). The Serbs were brought from Mostar and other places in
Herzegovina, as well as from the territory of Croatia. Among the
prisoners were about 200 women and a number of men over 70
years of age.
The prisoners were beaten every day. A group of about 10 drunken
soldiers came often to take prisoners out into the corridor and beat
them up so severely that they could only crawl on al1fours back into
the cell. Muslim and Croat civilians were occasionally let into this
camp to beat and insult the incarcerated Serbs.
The prisoners' hair was cut in this camp with the letter "U" or a
crescent formed on their heads. In July 1992, before the arriva1 of
representatives of the International Red Cross, the prisoners' heads
were shaved so that the "Uns and the crescents would not show.
That was also the first time they were allowed to take a bath.
949The perpetrators: Pero Nikolic, warden of the celovina prison; Damjan
VlaSic, lawyer, president of the HDZ (CDU) in Mostar; Safet OruCevic,
a doctor, president of the SDA in Mostar; "Peko" a guard in the
camp; Ivan, 25-27 years old, dark, tall, a camp guard; Marko, short,
around 45 years old, a camp guard; Ismet, fair-haired, on the camp
administration staff, a former soccer player ofelei" from Mostar.
Evidence: 283194-4.
7.2.30.3. A group of captured soldiers of the Army of the Republic of
Srpska were brought into a lecture theatre of the Faculty of
Mechanical Engineering in Mostar where there were about 200
uniformed HOS members. They ordered the prisoners to take off their
clothes and lined them up a metre apart from one another. First they
forced them to raise their right hands and Say the Ustashi "ready for
the homeland" salute and then to sing Croat and Muslim songs
insulting Serbs.Then they started beating them al1 over their bodies
with batons, rubber hammers, kicking them with booted feet and
pounding them with their fists.
Then they brought in grass and forced the captives to eat it making
sure that they swallowed it. They forced them to have sexual
intercourse with one another. The witness (whose identity, as well as
those of other five witnesses who were forced to have unnatural
sexual intercourse, are known to the Committee) was forced to kneel
down and take the penis of a captain into his mouth and this lasted
for a long time. When the witness started vomiting, a HOS member
grabbed him by the hair, threw him violently on the floor and hit him
hard in the ribs several times.
This event, which took place in June 1992, lasted for about three
hours.
Evidence: 221194-10.
7.2.30.4. S.B., a 64 years old pensioner, was kept in camp in the
former militaryinfirmary in Mostar during July 1992. They put officers'
caps with five-pointed stars on his head and on the head of another
pensioner and forced them to put on army greatcoats although it was
July. Then they took them, dressed like that, to work in the nearby
950park. As they worked their guards, in HOS uniforms, encouraged
Muslim and Croat citizens to insult them, throw Stones at them, hit
them and spit on thern as "Chetniks".
This went on for several days and they were always shown to the
public as captured "Chetniks" although they were pensioners and
imprisoned only because they were Serbs.
HOS members humiliated the witness by placing him on a horse, in a
greatcoat and cap, in very hot weather. He had to sit with his face to
the tail and hold the horse by it. They led the horse through town
and mocked at the witness.
Evidence: 221194-11.
7.2.30.5. Serbs imprisoned in the camp RadoC near Mostar had to
work al1 day from rriorning to evening and often at night too. They
also worked on Satui'days and Sundays.
B., who was in this camp in September and October 1992, stated
that they most frequently took them tovarious villages to strip tiles off
the roofs of Serb houses, as well as other construction material and
anything valuable. They did this in the villages of Hodbina, Buna,
Lakievina, OrtijeS, Raistani,and others.
They were also taken to the front line to dig trenches and bunkers
and haul sandbags ffor breastworks. During his stay in this camp B.
lost 40 kilograms.
The camp commander was Pero Nikolic.
Evidence: 221 194-11.
7.2.30.6. On the rriorning of 18 May 1992, when the village of
Goranci was surrounded by Croats and Muslims, witness J.O., a
resident of this village near Mostar was taken out together with al1
other Serbs. He was first tied to a light post in front of his house,
with his hands on his back, and beaten al1 over his body. They
kicked him with their feet and hit him with their hands and metal
rods. Then they took him to Mostar, together with other Serbs fromGoranci and put first in the Western Camp and then in the basement
of the Faculty of Law.
The witness and the other incarcerated Serbs were taken to a special
room, one by one, to be beaten, mostly on their legs and arms but
also on the rest of their bodies. They returned from this room
covered with blood and disfigured. The witness was once beaten so
hard that six of his upper teeth had been knocked out. They hit hirn
on the back, forced hirn to kneel during interrogation with his arms
raised. He often fainted during the beating.
After three days in this camp, he was transferred to the Celovina
prison where he was held for three months and was continuously
tortured along with the other imprisoned Serbs. In this camp he found
some prominent Serbs from Mostar who had also been beaten up,
covered with blood or unconscious.
Through the window of the room in which he was kept, he could see
at night the guards take out the Serb women prisoners from the
ground floor of the building, take off their clothes and rapehem.
Evidence: 140194-5.
7.2.30.7. Witness D.G. was arrested in his flat on 18 August 1992 by
three HOS members. As soon as they broke in, they started beating
hirn and demanding that he hand over his foreign currency, gold and
other valuables. Then they searched the flat and seized whatever
they wanted and wrapped it al1 in a parcel which then they had hirn
carry to the camp in the military infirmary.
The witness remained in the military infirmary from 18 to 25 August
1992 in a room which was the torture chamber for Serbs and which
the guards named "Little Serbia". In that room the guards beat hirn
with whatever they got hold of - kicked him with the feet, hit hirn with
the hands, bats. The beatings sometimes lasted for five successive
hours, as a rule at night.
The Serb women prisoners were kept in the rooms opposite the room
called "Little Serbia". Screams coming from these rooms were often
heard at night.Perpetrators: Sergej Belovic, HOS member; Ivan Zelenika, camp
commander; Vinko Martinovic, aka t te la"Sead Kapetanovic, police
officer; Boris, akaSo1/a";a Croat guard; Samir Dugalic, aka "Luster",
had a greengrocer's store in Mostar; Mesut Comic, aka "Mensa" and
~omic's son about 20 years of age.
Evidence: 273194.
7.2.30.8. On 7 July 1992, witness 295194-2 was taken by HOS
members to the Faculty of Economics in Mostar, and after
interrogation there,to the celovina prison in Aleksa ant tistreet,
where he found over 20 Serb civilians. In the camp, they were
constantly beaten, even while doing forced manual labour.
The witness spent two months in the camp in Aleksa ant tistreet
and was then transferred to the camp of RodoC, where he remained
until 31 October 1992. He was then exchanged with a group of
Serbs, among whom a large number of civilians, and thus effectively
expelled from Mostar.
Perpetrators: Pero Nikolic, warden of the camp in Aleksa ant tic
street, a former director of the "Parkovi" enterprise in Mostar; Ante
Peko, on the camp administration staff, previously a market inspector
in Mostar; Ivo from K.ruSevac,a guard in RodoE, previously employed
with the "Herzegovina" enterprise in Mostar.
7.2.30.9. M.M. from Bogodol was arrested on the 25 May 1992 in
front of his house in Mostar. They took hirn to the camp at the
premises of the Faculty of Law in Mostar. When they learnt that he
was born in Bogodol, a Serb village near Mostar, they took him to a
basement, where he found 35 other Serbs from Bogodol, whom he
had known, tied with wire. Their bodies and clothes were covered
with blood. Then they took hirn back to the first room, sat hirn on a
chair and several guards started hitting hirn with batons and a thick
copper cable about 1 m long. When he fainted from the beating they
poured cold water on hirn until he came round and then continued
beating and maltreatiing hirn for 24 hours with short braeks.
They took hirn to the "~elovina" camp and placed him in a solitary
confinement cell, his hands cuffed. They threatened that the year
1992 was going to be even worse for the Serbs than 1941.
953Military policemen often came to his cell to intimidate him. On one
occasion, they shot at the ceiling, on another, they fired at him and
wounded him in his right shoulder and left leg. When he fainted for
the loss of blood, they moved him to the Military Police building and
flogged him again with the thick copper cable, still handcuffed. They
broke both his forearms.
The fractures were confirmed by the camp doctor, after which hewas
taken back to the solitary cell in the "Celovina" camp, where he was
kept for 90 more days. At that time, he also had six broken ribs and
a skull wound.
The perpetrators: PuSic, HVO police commander; Luka ~unjic, Marko
Leko, Nijaz SalCen, N. Babic, al1 police officers; Ante Peko, on the
camp staff; Pero Nikolic, "Celovina" camp warden; Ivan Skender, Jure
Skender, Helmut Puce, Nikola Puce, Ante Bukovac, al1guards in the
"Celovina" camp.
Evidence: 295194-9and 295194-3.
7.2.30.10. On 18 May 1992 the witness 295194-14was taken from his
villageGoranci to Mostar, together with his father and al1 the other
Serb men above 18 years of age. While still in the village, they were
beaten with batons and rifle butts. In Mostar, they were put into the
basements of the faculty at the foot of Mt. Bijeli Brijeg. Other Serb
men from near-by villages were also placed there, together with
women, children and old men.
7.2.30.11. On 10 July 1992, at night, witness B.S. from Mostar was
arrested and taken to camp together with her husband. They spent 3
days in camp in a room with 16 other women of Serb nationality.
Perpetrator: Vinko Martinovic, aka te la",amp warden.
Evidence: 437194-31.
7.2.30.12. On 16 June 1992, witness K.M. was arrested in Mostar by
HVO soldiers and taken to the basement of the Law Faculty. The
HVO soldiers tied him, kicked him and beat him with their hands and
rubber cables. They hit him in the chest and other parts of the body,
954especially on the head, as a result of which his face was swollen and
one eye shut. They handcuffed him to the central heating pipes and
left him like thatl1nlight.
At that time there were about 30 Serbs held in the basement of the
Law Faculty. They, too, were subjected to torture.
In addition to the guards, HVO soldiers often came to the rooms
where the Serbs were imprisoned, to beat the witness and the others.
Once they broke his collarbone and knocked four of his upper teeth
out.
Evidence: 440194-41
7.2.30.13. On 2 Au!~ust 1992, P.B. and his wife were arrested in
Mostar and taken to the camp set up in the military infirmary. They
were beaten as soori as they arrived. The witness was requested to
say where his childien were. He kept telling them that he had no
children, which they could check easily, but they just continued
beating him.
The person to be held responsible: camp warden Ivan Zelenika
Evidence: 445194-4.
7.2.30.14. On 8 May 1995 members of the police searched the flat of
the witness J.J. in Mostar, ordered him not to leave his house and to
answer their telephone calls regularly. They searched his flat once
again, seized al1valiiables and took him to prison in the basement of
the military infirmary. Theystarted beating him on the staircase. He
was beaten by two girls, among others, and then he was taken to a
special room, to be beaten by some ten young men in black uniforms
likethose worn by the fascist Ustashi units in World War II. After the
beating he was taken to the basement of the military infirmary where
he found about teri other Serbs, and the beating continued even
there.
Evidence: 445195-5.
7.2.30.15. On 2 August 1992 the witness 445194-9 and her husband
were arrested in the street by four individuals who wore black
955headbands and were dressed in black. Then they took the couple to
the prison in the military infirmary, where they were beaten, and
afterwards to the Dretelj camp near ~apljina.
In the military infirmary, this woman witness was beaten with a
nightstick on her head until she fainted.
7.2.30.16. On 18 May 1992 the witness T.L. was taken from his flat
to a large ground floor building of the HVO Command at the foot of
Mt. Bijeli Brijeg, where he was beaten, among other things, also with
rifle butts. He fainted and remained unconscious until the following
day. Black and blue as he was, he was rushed to the .Surgery Ward
of the Mostar Hospital. It was found that he had sustained a triple left
shinbone fracture, an injury in his left eye area and two broken ribs.
On 9 June 1992, he was transferred from the hospital to the ~elovina
prison.
Perpetrators: Hasan Delic, about 25 years old; Trnovac, a Muslim,
previously employed with GP Herzegovina; Ante Peko, chief HVO
officer;Nikola Puce, warden of the Celovina prison.
Evidence: 445194-11 (Medicinski nalazlhnedical findings - T 6, Annex
No. C 154, pp. c1518-c1519/c1520-1522 and photo in the Annex No.
C 161, picture No 1, p. 66)
7.2.30.17. Before the war broke out, witness 445195-18worked at the
Hydro-Electric Plant in Mostar. He was captured on 16 June 1992
and taken to a store in the village of Svinjarine in Podveleije. There
he found about 18 irnprisoned JNA soldiers and one girl. They spent
a night locked up, listening to al1 sorts of insults and threats, and
were then taken to the former "Western camp". They were led into a
lecture theatre of the Faculty, ordered to take off their clothes, and
then tortured in al1 kinds of ways. They were ordered to raise their
right hands and salute in the fascist way hailing "Ready for the
homeland". They were beaten with batons, wooden bats and a large
rubber hammer. They were forced to put their hands on the desks
and were hit on the hands and fingers with batons. Their torturers
broke some bottles and threw the glass on the floor and forced them
to walk over it barefoot until their feet bled. They brought in grassand forced them to est it. Such torture as a rule went on for four to
five hours.
From the Faculty of t~conomicsthe witness was taken to the Celovina
prison and then to the camp in the tobacco station in Metkovic.
Perpetrators: HVO members and members of the Muslim army, HOS
police members, Pepa Nikolic, earlier with the Secretariat of the
lnterior in Mostar, Pero Nikolic, camp warden at Celovina.
Evidence: 445195-18
7.2.30.18. The witness 445194-29, a graduate of law, formerly the
Director of the Health lnsurance Company Branch in Mostar, had to
stop going to work on 25 April 1992 because Zoran Kazazic, a
Muslim had been appointed to replace him without any explanation.
This was consistent with the common practice of ousting Serbs from
managerial posts as well as laying off Serbs in general.
On 28 July 1992, HOS members took him from his flat to the lecture
theatre of the Facul,ty of Economics, where the HVO police had its
headquarters. They had also brought 40 other Serbs with their wives.
Then they let go those who were in mixed marriages and held a
lecture to the others on the history of the HVO and the NDH (the
quisling fascist state of Croatia).
After four days sp~rnt there, the witness was transferred to the
~elovina prison. He was placed in a cell with ten other Serbs. He
was taken with a group of other prisoners to remove tiles from the
roofs of Serb houses in the village of Rastani, the Serb inhabitants of
which had been explelled.
During his stay in the Celovina prison, the witness lost 20 kilograms
of weight in a very short time.
The perpetrators: members of the HVO police (Faculty of Economics);
Pero Nikolic, carrip warden at ~elovina; Ante Peko, camp
superintendent.
Evidence: 445194-29.7.2.30.19. The witness M.S. was arrested by HVO police in his
apartment on 29 May 1992 and taken to the prison in celovina. He
was placed in solitary confinement cell, where he spent seven days
before he was transferred to a room where there were 10 other Serb
prisoners. Besides beatings, maltreatment and insults, they were
regularly taken to dig trenches and fortify bunkers along the front line
in Podveleije. While they were working, they werebeing beaten both
by HVO camp guards and by HVO soldiers, with a steel-reinforced
hose, leaving cross-like scars on their bodies. The witness once had
67 such crosses ca~ed on his body in one day. He had haematomas
al1over his body, his skin was cracked and he was bleeding.
On various occasions, the witness was forced to lie in a puddle in
which the torturers had urinated and was then hit by them with their
boots on, on the back and neck and forced to drink that water. They
also forced him to kneel down on grave1or concrete, and they would
lie on his back and pound hirn with their fists on the head. They also
forced him to stand in the Sun for up to two hours, even when the
temperature was 40 degrees Celsius, with his arms raised. On one
occasion, they ordered him to lie down and doused hirn with oil and
brought repeatedly a lighter close to his body. They beat hirn on the
shoulders and back with a spade handle until it broke.Such beatings
lasted for as long as two hours.
The witness was tortured in this way every day until 26 June 1992,
when he was registered by the International Red Cross. During his
time in camp the witness lost 35 kilograms of weight.
The perpetrators: members of the HVO police, Nikola Puce, camp
warden at celovina; Ante Buhovac from Jasenica, about 30 years old;
Kordic from Sretnica, both guards in the camp; "Ludi Maks" (Mad
Max) from LiStica, about 40 years old.
Evidence: 445194-30.
7.2.30.20. Witness 445194-31 was arrested on 6 May 1992 in his
coffee bar in Mostar. He was arrested by six armed, uniformed men.
They took hirn in a van to the premises of the Faculty of Economics
in Mostar, where they immediately handcuffed hirn to a central
heating pipe and started beating hirn with rifletts, kicking hirn and
pounding him. They burned his beard and he lost consciousness.
958They broke his nose, loosened three of his teeth, broke both of his
supraorbital arches and pierced his earlobes.
He was taken from the Faculty of Economics to the ~elovina prison
where he found about ten other incarcerated Serbs. He was held in
Celovina until mid-September 1992. There, too, he was regularly
beaten and taken to forced labour with other prisoners. On one
occasion, he and soine other prisoners dug out 11 bodies in Sutina,
on the outskirts of town. On another occasion, the Croats and the
Muslims displayed thiem as Chetniks to the assembled press. They
were dressed in JN,A uniforms and driven through the city for the
citizens to hurl abuses at them ,and harass them. Women poured
boiling water on therri, and al1this was being video recorded.
In September 1992,ten Serb prisoners were brought to the Faculty of
Economics to carry the bodies of two HVO policemen hit by a shell.
While they were doiing it, they were hit with parts of the insides of
the bodies and their contents were smeared on their faces.
Perpetrators: ~eljko Diidic, one of the chiefs of the Military Police in
Mostar, ex-driver in "Vodovod"; Stipo Petrovic, ex-policeman, deputy
to ~eljko Diidic; Dragan Barbarie, first warden of the Celovina prison
and afterwards lawyer for the HVO; Branko Donkic-Marinkovic from
Ilici- Mostar; Habibija, firstme unidentified; Irënko Ciric, resided at
38, Rudarska street in Mostar; Mate AnCic, born in 1958, a notorious
criminal from Mostar; Pero Nikolic, warden of the Celovinaprison; Ante
Peko, deputy camp warden; Adem Hajan, chief of guard shift; Ramic,
chief of guard shift; Zijo Toljaga, former goalkeeper of the "Velez
soccer team, guard; Adne iarku~, guard; Milenko iubor, guard.
Evidence: 445194-31.
7.2.30.21. On 14 Jully 1992, witness 445194-38 was arrested together
with his common-law wife in Mostar and taken to the camp set up in
the military infirmaty. All their belongings were taken away. As the
witness was beaten, they poured salt into his mouth, pushed his head
into faeces until he fainted and then poured water on him. At night
they beat him in his cell. They took him and the other prisoners out
and forced them to pluck and eat grass. The guard Driho was
among the most vicious. The witness was transferred from the military
infirmary to the camp in Dretelj on 21 July 1992.
Evidence: 445194-38.7.2.30.22. On 9 May 1992 the witness was taken by members of
HVO police from his home in Mostar to the Faculty of Law in Mostar.
After interrogation, he was transferred to the ~elovina prison. In
addition to being beaten and tortured, he was regularly taken to
Podveleije together with other prisoners to dig and fortify Croat and
Muslim bunkers. As they were working, citizens threw stones, spat at
them and insulted them.
In camp he recognized a Serb, a retired policeman, whose ear was
cut and who had traces of cigarette burns on his chest. The Serb
told hirn that he had been taken through town carrying a sign that he
was a Chetnik on his chest and that citizens threw things at him,
spat at hirn and shouted abuse at him.
Perpetrator: ~eljko DiidiC, chief of the HVO Military Police for western
Herzegovina.
Evidence: 445/94-41
7.2.30.23. On 8 August 1992 the witness 295/94-5 was taken by two
HOS members from his apartment to the basement of the military
infirmary where he found 12 other Serb civilians. Several days later
their number rose to 30.
In this camp he was beaten and insulted. Among other things, the
camp warden Ivan Zelenika ordered hirn to strip naked and kicked
hirn invarious parts of the body. Then they put a winter JNA uniform
on hirn and a black cap on his head shaped like the traditional Serb
cap.
It was known in the camp that in 1941 the Ustashi killed 80 members
of the witness's family-Serbs.
One night he was taken out into the yard and 20 HOS members
encircled him, beat hirn and kicked him. After the beating, they
ordered hirn to clean the lavatory and to lick clean his hand smeared
with excrement. From the military infirmary the witness was
transferred to the camp in Dretelj.
Evidence: 295/94-5.7.2.30.24. In the first half of July 1992 B.S., who had lived in Mostar
for 33 years and worked in the tobacco factory, was raped in her flat
by four men in blaclc uniforms. Three of them held down her legs
and arms while the fourth raped her, and they took turns. They
placed her in solitary confinement. She was interrogated every day
and at night the camp warden Ivo Zelenika came and raped her.
Sornetirnes he did it several tirnes a night. Before raping her he
would beat her and threaten to liquidate her. She spent about 20
days in the military irlfirmary and was raped almost every day by the
guards, in addition to the warden. From the military infirmary she was
transferred to ~apljin,a. Other Serb women are known to have been
raped in the military infirmary, asll.
Evidence: 595194.
7.2.30.25. Like al1 the Serbs in Mostar the woman witness lived in
difficult conditions afher the war broke out. She hid in basements for
two years.
When on 7 July 1994 she went to the fountain to fetch water, she
was halted by a Muslirn, whose name she learned was "Sajo", who
asked her, as he dicl the other Serbs coming for water, whether she
wanted to be exchanged. He dernanded rnoney for the service but
later said that he woluld take her to be exchanged even if she did not
pay him.
The witness was driven together with six other Serbs in a yellow van
in the direction of RaStani.At a spot called "Centre 2" in Mostar they
took her into a holuse with a spacious yard and a garage. The
witness was taken to a room where first Sajo and then another
Muslim called Mirsad started hitting her. They stripped her clothes off,
threw her down on the floor and raped her. She was repeatedly
raped for about two hours. On that occasion she conceived.
Evidence: 460194 (svedotenje S.O.1testimonyS.O., Annex No. C 81,
pp. ~814-~8191~820-~824)
7.2.30.26. The wonian witness S.B., a pensioner, lived with her
husband in Mostar. In the period between 1 June and 15 July 1992,
Croat soldiers came to their flat on a number of occasions, to beat
961them and seize their valuables. This happened for the first time on 1
June 1992. She pleaded with them not to beat her because she was
recovering after thesurgical removal of one of her kidneys, was still
weak and her wound had not yet healed. She showed them the
bandage, which they ripped off and pushed into her mouth, trying to
choke her with it. When they put a knife under her throat, her
husband begged them to kill him and let her be. Then they beat
them both with sticks and kicked them with their feet al1 over their
bodies.
They were forbidden to leave their apartment, had to keep the
venetian blinds down and to keep the lights turned off. Consequently,
they spent 15 days with practically no food, untilAugust 1992 when
they were detained.
On 1 August 1992, the witness and her husband were put in the
camp for Serbs in the former military infirmary in Mostar, whose
warden was lvan Zelenika. They stripped them naked and hit them
with sticks and rifles, inflicting a bloody head wound on her husband.
The woman witness was placed in a cell with six other Serb women.
From Mostar, they were taken to a camp for Serbs at Grude. There,
the witness saw Serbs whose eyes were gouged out, arms broken
and ears cut off. She and her husband were threatened that the
same fate would befall them, too. From this camp, they were moved
to the camp in Ljubuski which was cramped with Serbs with gaping
wounds, burns, without eyes and mutilated in other ways. From there
they were taken to the camp for Serbs in Dretelj near ~apljina, where
her husband was killed.
Upon her release from the camp, the witness had her first medical
check-up at the Clinical Hospital Centre in Podgorica on 16
December 1992. Despite the fact that the examination took place four
months after she had left the Dretelj camp, she was still suffering the
physical and mental consequences of the beatings and torture,
including the scars in her left breast area, bruises on her head and
body, and the effects of what is known as the "war psychosis".
Perpetrators: Edin BuljubaSic; Elai Kraljevic, HOS commander for
Herzegovina; lvan Zelenika, camp commander in the Military lnfirmary
in Mostar and the camp staff.
962Evidence: Witness 9/94, findings and opinion of the Clinical Hospital
Centre in Podgorica, of 11 October, 1994, signed by forensic expert
Dr. Miodrag SOC and forensic expert Dr. Dragana cukic.
7.2.30.27. M.B., born in Mostar, worked at "Hepok", Mostar, until the
assistant manager, a Croat by nationality, advised her that, being a
Serb, she was taking a risk by coming to work. She stopped coming
to work on 3 May 1992 and hid at home together with her two
children. In the period from May to July her apartment was twice
searched by members of the HVO. They were allegedly looking for
weapons and a radio transmitter. On 21 July 1992, her apartment
was searched by three HOS members who did not show any search
warrant. They proceeded to arrest her, and one of the HOS members
involved in this illegal search moved into her apartment with his
mistress.
Perpetrators: Mario Milicevic, aka "Baja", owner of a restaurant from
Cim near Mostar; Haris Fazlagic (father: ~emsudin); an unidentified
HOS member, Croat by nationality; Miroslav Kresic, assistant manager
of "Hepok", Mostar.
Evidence: 31194.
7.2.30.28. The Serbs from the "4th July" community in Mostar had to
report for rollcal1 at 7.00 hrs. every morning. The roll cal1 was only
for Serbs, who were then assigned to jobs like Street cleaning, trench
digging, etc.
Perpetrators: Pero I\likolic, warden of the celovina prison in ~antica
Street (former district camp); Damjan VlaSic, lawyer, president of HDZ
in Mostar; and Josip Musalimovic, a Croat, the first president of HDZ
in Mostar, Pero Zelenika, retiree of the Secretariat of the Interior,
deputy to the Major General; Jadranko Topic, president of the Mostar
municipality Executive Council, Dr. Safet OruCevic, M.D., president of .
SDA in Mostar, and Sergej Demovic, HOS member.
Evidence: 273194.7.2.31.O.Zenica
The following description of the way the imprisoned civilians -
inhabitants of Bosnia and Herzegovina were treated tellingly
demonstrates how harshwere the physical and mental conditions under
which Serbs in the camps and camps in Zenica lived, designed to
bring about their destruction asa national group. The responsibility for
these acts is indubitably borne by the official authorities of Bosnia and
Herzegovina.
7.2.31.1. Zijo Kulovic, director of the Zenica lron Works, and Mensur
KaieStura, former JNA officer, commanded the Croato-Muslim units as
they attacked on 5 June 1992 the Serb civilian population in the
villages of: vice, Lokvine, DrivuSa, Mutnica, Perin Han, Jenjiëki Vrh,
Manici and others. After the Serbs surrendered they took them in
lorries to the building of theeriica Penitentiary & Correctional Facility
in front of which they were exposed to maltreatment and insults on the
part of the local Muslims, after which mostof them were kept in camp
where they were beaten and tortured.
Thus, for instance, they broke the arms of Z.C. from Perin Han and
kept his brother Z.Z. ina cold storage unit until he froze and then they
continued to beat him.
On 5 June, 1992, in Begov Han, Muslim soldiers slaughtered the
married couple Mitrovic and Jova Savic from the village of Gojkovici.
They beat up Milovan Boiin from Memici and seven days later he died
from his injuries. They beat up and circumcised Boiic, a butcher from
Memici, and he died two days later. They slaughtered two members of
the Vuric family from Kakanj;on 23 October 1992, in the village of
Memici, Muslims killed Stanimir and Divna Boiic after previously
torturing them and cutting off their ears, and blowing up the back of
Stanimir's head with dynamite. Citizens of Serb nationality were killed
on the orders or with the approval of Zijo Kulovic and Mensur
KaleStura,commanders of the Croato-Muslim units;
Evidence: 493194-34and 621194.
7.2.31.2. On 12 June 1992 Ibrahim Puric,"biciklista" (the cyclist) from
Zenica, commander of the "Patriotic League" unit, came with threemilitary policemen to trie village of DrivuSa,to the house of the civilian
G.S. and they took hirn to the village of Janjici andthen to Zenica to
the headquarters of the "Patriotic League" where they questioned him
as to the location of dugouts in the village of DrivuSa. Puric himself
beat him and also allolwed the soldiers present there to pound him for
hours with riflebutts, their arms and feet until he fainted. Then he was
put in a camp roorn with 18 Serb prisoners, who had also been
beaten by Puric and other soldiers during interrogation and who had
visible injuries. After 13 months of incarceration he was taken to the
camp in Maglaj with another 33 Serbs, where he wasforced to dig
trenches for the Musliin armed forces along the first line of combat, to
fetch parcels thrown firom aircraft from the intermediate space between
combating units, to pull out the dead and wounded from the battle
arena, to clean the city as it was being shelled and to clean the
sewage system.
Evidence: 378194-9.
7.2.31.3. The witnes!; was taken detainee on 11 May 1992 while
defending his village,on the outskirts of Zenica when he was severely
wounded by a shot piercing his left forearm and breaking both bones
of his left forearm, and he lost a great amount of blood. Afîer being
captured he was transferred to the hospital in Zenica where surgery
was performed on hiim on 12 May; the operation required a lengthy
stay in hospital with adequate medical treatment and care. Although the
doctor instructed that he was to receive blood plasma he was given
none because the hospital staff was afraid of the guard present there.
He was handcuffed to the bed and he was transferred the very next
day, 13 May ,to the Zenica Detention center.
That a serious injury of the arm was in question is evident from the
fact that the plaster cast was removed only after several months, and
his arm still swelled and he was in great pain.
In the detention c:enter he was immediately placed in solitary
confinement and stayed there for seven months as long as until 8
December 1992 when he was transferred to a collective cell.
Fourteen days after he had been placed in the Zenica Penitentiary &
Correctional Facility Inewas issued a detention order indicating 24 May
as the starting date ratherthan 13 May when he had been brought to
965the Penitentiary or 11 May when he had been deprived of freedom as
he had been handcuffedand under guard supervisionwhile in hospital.
The witness remained in the Zenica Detention Center until 13 May
1994 when he was exchanged. During this period he spent 210 days
in solitary confinement, althoughhe was wounded and needed medical
care.
The persons responsible for this are Krsto Stevovic, warden of the
Zenica Detention Center and Jusuf seta who replaced Stevovic as
warden of the Penitentiary.
Evidence: 621 194.
7.2.31.4. On 6 June, 1992, members of the "Patriotic League" Muslim
formations arrested the witness at the railway station in DrivuSa, the
municipality of Zenica, and took him to the school in the village of
Janjici where they interrogated him and beathim, inflicting severe bodily
injuries onhim. Unable to move as hewas from the injuries sustained,
he was taken to the hospital in Zenica where the guards also beat and
maltreated him. His wounds had not healed when he was taken from
hospital to the Zenica Detention Center, where he was sentenced to
8.5 months in camp for allegedly being a member of the enemy army.
Perpetrators: lbro Puric, the commander of the military unit, principal of
the school in Janjici, Aga Mujkanovic and Delic aka cita from Janjici
and the commander of the guard in the hospital was a certain ~i~ilj
from Tetovo, municipalityof Zenica.
Evidence: 293195-24.
7.2.31.5. In June 1992, K.B. and another 18 Serbs, on their admission
to the Zenica Detention Center, were beatenup by the Muslim militia.
They pounded them with rifle butts, boots, woodenand iron rods, and
lined them up thus anguished for a mock execution thrice during the
first night, until.m.
Then they put them into a room of the Penitentiary which wasflooded
with water 2-10 cm. deep and there they remainedfor 10-15 days. As
there were no beds or anything else they were forced to sit or lie in
the water.
966The person responsible for this is Ismet Djozo, warden of the Zenica
Penitentiary& Correctic~naFl acility and Nagib ~erkez.
Evidence: 283194-9
7.2.31.6. In the period from June to August 1992, a large number of
Serbs from Raspotocje and other villages around Zenica were
incarcerated in pavilion No.. called the camp, in the Zenica Detention
Center. Among them was also M.M. The food was dreadful and
consisted of a slice of stale bread and some water. That was the daily
"ration".
The persons responsiblefor this are: Sabir Stupar; NebojSa Ignjatovic;
Omer lmamovic and the staff of the Zenica Detention Center.
Evidence: 205/94-9.
7.2.31.7. As a wounded soldier of the Army of the Republic of
Srpska, R.K. was captured by the Muslim army on 12 September
1992 at the foot of lut. VlaSic. He had not been given any medical
treatment, and the next day they kicked hirn with booted legs and
beat with the butts of their weapons, cursing his "Chetnik mother" and
threatening to slit his throat.
On the way to Zenica, in the village of Gluva Bukovica, they showed
hirn as a "Chetnik" to the villagers, who spat on him, kicked hirn and
threw Stones at him.
In Zenica he was first locked on the premises of some plant, where
they interrogated hirn and beat him, particularly on the left side of his
body where he was .woundedby a grenade. Then they took hirn on a
stretcher into the basement, where he was kept for seven days
without any medical attention and naked, because his clothes had
been removed.
Afterwards, they took hirn to another room, where he found
imprisoned G.J. and S.N. Every evening, Muslim soldiers came to the
room and beat thenn until they fainted. In this room they spent ten
days, and were then transferred to the Penitentiary and Correction
Institution (KPD) inZenica.
967In KPD premises in Zenica, R.K. was beaten, along with other
captives, and interrogated. This is where he first had medical
attention.
On 13 August 1993, R.K. was taken to Travnik to be exchanged. In
Travnik, he was taken to the military barracks with two other
mentioned prisoners, where they were beaten up with rubber and
wooden sticks, kicked and beaten with weapon butts to the point
when they fainted. They were al1 bruised, swolien and covered with
blood al1over their bodies. The next day they were exchanged.
Evidence: 701/96-9 (svedotenje M.K.l/testimony M.K.1, Annex No. C
49, pp. ~496-~5031~504-~5 O1).
7.2.31.8. On 6 June 1993, B.K., of Serb nationality, was captured by
Musiim armed forces when they attacked the Serb villages in the
vicinity of Zenica, and placed in the Zenica Detention Center where he
remained until 9 October 1993. All the Muslims and Croat convictshad
been previously released from this penitentiaryso as make room for
SerSs.
At the time of his imcampment, K. (183 cm tall) weighed 83 kg, and
when he was released he ~veighedonly 53 kg, and his physical and
mentai health were seriously impaired. This isthe result of horrendous
torture, beatings, hunger, groundless and lengthy solitary confinement,
physicai attrition, humiliation and maltreatment, thefear experienced at
moci: e.xecutions,threats that he would be castrated and would bailetc
eat hisuwn testicles, etc.
In the Penitentiary he was held for fivedays in a roorn c.~!led"lhe iron
ring roorn" and "jesus' room,'. ln the center ofrhisrcom tP?ei-i.: arl
iron ring anchored into the concretefiooi to which he was tled in the
most uncomfortable of positions and then beaten and maltreated.
Although he was a civilian and had carried no arms at the time of his
imcampment, he was exchangedfor a military detainee.
The perpetrators are: lsmet Djozo, wardenof the camp at the Zenica
Penitentiary & Correctional Facility; Nagib ~erkez, HOS officer; lgor
Kacunko, guard commander in the Detention Center; Kemal Kobilica,
968warden of the military camp; Heco (surname unidentified), police officer
in the Zenica Penitentiary & Correctional Facility; Botic (name
unidentified), police officer in the Zenica Penitentiary & Correctional
Facility.
7.2.31.9. 5 June 1992: a 22-year old civilian, a Serb from DrivuSa,
was shot thrice in the left arm when Bosnian government forces took
Serb positions in Zenica. During the first ten days he spent in the
camp in Zenica they beat him "only because he was a Serb and he
still has a scar in the leg where he was cut. He saw an elderly man
step on a mine and receive no medical care at all, only to be removed
from the camp immediately before the camp was visited by the special
rapporteur of the Commission on Human Rights, Tadeusz Mazowiecki.
When Mazowiecki left he was returned to the camp and died several
days later. The food and the tea were often contaminated by soap.
(Statement of R.Bouct-ierof the State Department,of 26 January 1993).
7.2.31.10. 26 July 1992: Bosnian government forces took a 29-year
old Serb, a civilian from Srebrenik, to the campin Zenica on 26 July
1992. They kept hitting him - every ten minutes for 96 hours after his
arriva1 - with ropes and sticks. He showed evidence of beating,
especially on the head. He also said that the food had been
deliberately contaminated. (Statement of R. Boucher of the State
Department of 26 January 1993).
7.2.31.11. After Muslim forces attacked the Serb villages Grdovo and
Krezluk, near Jajce, ;a group of captured Serbs were transferred from
Travnik to Zenica. The guards took some of the inmates to separate
rooms and beat thern. This happened usually at night. The inmates
were registered with the ICRC.
Kadric, a man about 50 years old was the commander of Pavilion V.
His assistant's name was Zlatko. 60th knew about what was happening
but did nothing to stop the guards. The guards that took part in the
beatings were Bojic, KulaCic, and Omer. Kadric's son whose name is
unidentified also maltireatedthe inmates.
Evidence: 333195-3
7.2.31.12. Before the civil war the witnesses lived in Zenica. In mid
1992 Muslim soldiers captured them. The witnesses were taken to the
969camp in Zenica where there were otherarrested Serbs. Until October
1993 when they were exchanged,they were maltreated, tortured and
beaten.
Evidence: 234195-7,234195-9 (svedocenje G.Z.1testimony G.Z., Annex
No. C 36, pp. c376-~3791~380-c383)and 234195-25.
7.2.31.13. In June 1992 at Raspotocje near Zenica Muslim soldiers
raped a Serb women whose name is filed with the Committee. She
was raped in front of her in-laws. First, They ordered her to strip naked
and dance in front of her in-laws and her children.Then three Muslim
soldiers raped her and beat her in-laws.
Evidence: 205194
7.2.31.14. On 20 July 1992 in Zenica, Muslim soldiers Beca Kahriman,
Senad Kapetanovic and ~efik Jugic broke into a house in 19 Zahida
Bukarevica Street. The name of the owner is registered with the
Committee. They threatened him that they would kill his family (wife,
sister-in-law,wo grand children). Then they confiscated his valuables.
Kahirman and Kapetanovic raped the owner's daughter.
Evidence: 173195-1
7.2.31.15. On 27 June 1992 in DrivuSa village, the municipality of
Zenica, witness who is registered under number 112195-2was at home
with her father-in-law and hertwo minor children. Her husband, a Serb,
had been imprisoned in Zenica detention center.
Kapetanovic, Kahriman and Jugic broke into the witness's house. They
were wearing uniforms. One of them put a knife on her throat and
asked her why did she refuse to answer the door. She said that she
did not hear the bell.Then they cursed her Chetinik mother and beat
her. They threatened her that they would slaughter her family told her
to give them al1her money and gold.
They locked her in-laws in a separate room and then Kapetanovic
ordered her to go to the bathroom with him. He locked the door and
told her to strip naked. He held a knife in his hand and threatened to
kill her. He unbuttoned his trousers and ordered her to put his penis
into her mouth. When she told he that she never did anything like that
970before, not even with her husband, Kapetanovic said: "You must have
seen something like ttiat in the movies". Then he punched her in her
head, and made her obey him. Afterwards, he forced her down on the
floor and had a sexual intercourse and asked her weather she would
prefer to have another Chetinik child or if she would rather "have it in
her mouth".
After Kapetanovic left the bathroom, Kahriman went in. He put his
penis in her mouth anldthan into her anus. She started screamingand
he pulled her by her tiair and banged her head against the wall.
Before leaving they took the TV set, a video tape recorder, two gold
rings and a pair of earnings.
The next day the witr~essesfather in law went to the police station in
Zenica, and policemeri came to their house.
The witness was interrogated in the Military court in Zenica where she
was maltreated.
Perpetrators: Senad Kapetanovic, aka "SenCe", Beco Kahriman, from
Gornja Zenica, ~efik Jugic. The three men were members of the
Muslim armed formatilons.
Evidence: 112195-2,4.93194-30,173195-1and 378194-8.
7.2.31.16. The witness, No. 440194-38was arrested in Visoko on 20
April 1992 and then taken to the District Military Court in Zenica and
sentenced to one year and six months imcampment(1-K. 66193) for
serving enemy army. This provision was taken from Article 119 para 1
of the SFRY Criminal Code.
After one year and six months of his imcampment had passed on 20
of December 1993, which was noted in the letter sent by the President
of the Court Muhamed ~olakovic to the camp commander (letter filed
with this Committee)~the witness remained in the Zenica camp until
April 4 1994, i.e. 15 days longer. On 16 April 1994 he was exchanged
in Ljubin Han near Travnik.
Evidence: 440194-387.2.31.17. The District Court in Zenica Ik.105/92, the witness was
sentenced to 4 years of imcampment. He was sentenced on 18 May
1993 but the witness never received a copy of the verdict.
Evidence: 33195-7
7.2.32.0. Vitez
7.2.32.1. Witness 234195-20,a Serb from Vitez, worked as a chemical
engineer at the explosives factory "Vitezit" in Vitez untilearly May
1992 when he was laid-off because he was a Serb. He was often
taken to be interrogated, on which occasions he was molested and
forced,as a professional, to take part in the development of a
program for meeting the needs of the Croat Army, which he refused.
On 9 June 1992, a group of Croat soldiers in black uniforrns with
clear "U" markings on their caps, including Vlado Ramljak, an
ex-policeman, Darko Kraljevic, Ljuban ~alic and Ljuban Delic, barged
into thewitneçs's apartment, searched it and confiscated al1valuables,
arrested him and took him blindfolded to the outskirts of the town
where they put him in a basement of a building. The witness spent
nine days in that basernent.
During daily interrogations, the said individuals aided by other Croat
Army soldiers, molested the witness, hitting him with their hands, feet,
bats, al1 over his body, during which time his eyes were tied. They
knocked out ten of his teeth and broke six of his left and right ribs.
As a result of a large number of blows in the stomach, the witness
suffered a number of haematomas and a perforated peritoneum. The
visible wounds on his arms and hands were probably inflicted with a
knife, but the witness is not sure because he sustained the injuries
while blindfolded.During the torture and molestation, the witness was
listening to the screams and cries of his wife and daughter whose
voices had been tape recorded, but he was made to think that they
were actually being molested in the adjacent room and it caused him
great pain. During his entire stay in the basement, the witness
received only two or three meagre meals and some water.
Nine days later, the witness was transferred to the camp in
BusovaCa,where he was kept in similar conditions, through to 14 July
1992, when he was exchanged, a sick and bed-ridden man who had
972lost 64 kilograms. (The witness weighted 110 kg prior to his arrest
and only 46 kg at the time of the exchange).
Evidence: 234/95-20.
7.2.33.0. Kupres
7.2.33.1. In early April 1992, the Croat-Muslim armed forces launched
an assault on Serb civilians at Kupres and its surrounding villages
and captured, among others, about 65 Serb civilians.
They ordered the men captured in Kupres to form a line in front of
Franjo MioEals house, to strip down al1 their clothes except their
underpants, and kepit them like that in the Street, in the rain and
sleet, from 14.00 hrs. to 20.30 hrs. They shot down on the spot, in
their presence, the ciaptured Drago celebic and Stevo Lugonja. They
also battered, molested and humiliated in various ways, the Iined-up
naked man, and especially a Serb-Orthodox priest, P.Z. from Kupres.
Then they took thern to the textile plant "Borac", where they were
until 3.00 hrs. and were then marched naked and barefoot to the
village of ~ujice, sorne 30 km away. During the march, escort Ivo
~i~ak aka "Zec" killed the captured ~arko zivanic from Kupres, who
had left the columri, probably to relieve himself. At ~ujice, the
captured Serbs were! beaten and molested. Their hands tied with a
steel wire, they were transported by truck to Gornji Brisnik near
Duvno (Tomislavgrad), where they were beaten again.
From Duvno, the men were transported to the Croat territory and to
the "Lora" military ciamp near Split and, later on, mostly at night, in
groups to other camps set up solely for the Serbs, such as: ~ibenik,
Zadar, and in the territory of the former Bosnia and Herzegovina, to
Eminovo Selo near Duvno, Vrgorac near Imotski, and Ljubuski. It was
only in Ljubuski that they were registered by the representatives of
the International Red Cross on 5 May 1992. By that time, the
captured Serbs from Kupres and other places had been subjected to
molestation, h~miliati~onsand torture, and had suffered mental pain in
al1 of the said camps. Petar Spremo and Milo Spremo aka "Migac",
succumbed following the torture in Split and in Vrgorac, respectively.Sixteen prisoners were selected from this group of captured Serbs
from Kupres during the night transportation. They were: DuSan Nikic,
Jovo Maric, Slavko Dragoljevic, Spasoje Kanlic, Ljubo Milic, Ratko
Milic, Mirko Cip~ic, DuSko (father: Stevan) MaliSic, Dragan MaSic,
Marko MaSic, Ratko MaSic, Milivoje MaSic, Djoko Maric, Nikola
Duvnjak, DuSan Duvnjak and Rade Lugonja. There are no traces of
their whereabouts and there is reason to believe that they have been
killed by the Croats.
It was only in Zadar that the captives were given old former JNA
uniforms to Wear and were treated as military prisoners of war, even
though they had been captured as unarmed civilians.
Perpetrators: at Duvno - lvan KriSto aka "Dugonjëe" and Drago Peric
aka "Vriea"; at LjubuSki- Dragan Matic, camp commander, his deputy
lvan SuSec and guard Srecko Tomic; at "Lora" near Split, camp
warden Tomo Dujic, a certain Musa, from ~iroki Brijeg near LiStica,
and guards whose nicknames were "Rambo", Vlado "Vukovarac",
"Reponja" (wore long hair in a tail), "Makedonac" and "Zuco", from
the village of Ploëe near Gornji Vakuf; in Zadar - Franjo, former
policeman at the Secretariat of the Interior, Zadar; at Vrgorac -
BoSkovic.
Evidence: 333195-20 and 333195-23.
7.2.33.2 In early April 1992, the Croat-Muslim armed forces launched
an attack on the unarmed civilian Serb population in Kupres and the
surrounding villages and detained a certain number of women which
they separated from the captured men.
The incarcerated women were taken by the members of HVO and
HOS to the Secretariat of the lnterior building in Duvno
(Tomislavgrad), and five days later to the "Lora" military camp near
Split, Croatia, where they were put in a separate cell adjacent to the
cells where the captured Serb men were kept.
The incarcerated women were moved, together with the captured
Montenegrin men, from "Lora" back to Duvno, in Bosnia and
Herzegovina, where they were locked up in one school classroom,
where three other captured former JNA soldiers of Montenegrin
nationality where also brought after having been viciously tortured:
974their ears had been cut off, they had salt sprinkled al1 over their
gaping wounds, they tiad four letters S carved on their foreheads with
a knife, etc. As a consequence of this torture, DuSan Borovic from
NikSic died before theilr eyes.
The incarcerated wornen were moved from Duvno to a school at
Stipanici near Duvno, where they were registered for the first time by
the representative of the lnternational Red Cross. They found about
one hundred capturecl Serbs from the surrounding villages of Kupres
at this school. They were al1exchanged on 5 May 1992.
The camp warden at Duvno was Ivan KriSto.
Evidence: 333195-21and 333195-22.
7.2.34.0. Jablanica
7.2.34.1 The Museurn in Jablanica was converted into a camp for
Serbs. In late 1993 and in early 1994, around 60 captured or
detained Serbs were held in its basement.
The incarcerated Serlbswere subjected to torture every day.
Even though severely wounded, the interrogated witness was beaten
by camp commander Seno Diino, who also threatened him with a
knife and made a cut on his stomach. Deputy commander Nihad cut
off four of his left toes, one by one, then brought a fur hat with a
Serb emblem - cockade and ordered the witness to put it on and to
read out in front of TV cameras a written statement attacking Serb
leaders. Only after he did that, he was given some bandages to tend
his wounds by himself.
Nedir Agnan, head of the fourth Muslim army body cut off the
witness's right toe with a knife.
Only after a visit by an International Red Cross delegation, when the
wounds on both his feet had already been infected, the witness was
transferred to hospital, where both of his feet were amputated.
Evidence: 392195-2.7.2.35.0. Fojnica
7.2.35.1. In Fojnica, there was a camp for Serbs, located in the
basement of the Sarajevska Banka (Bank of Sarajevo) where a Zuka
aka "Rambo" from the village of Obojak near Fojnica took the lead in
cruelty.
Another camp was set up in the basement of the "Kata GovorSiC"
secondary school, whose commander was Orner Pobric, police
commander in Fojnica before the war. Especially cruel were Nurudin
Sofkic and teljko Salihagic.
Evidence: 319/95.
7.2.36.0. Breza
7.2.36.1. ln the period from June to October 1992, 30 to 45 Serbs
were held in a camp set up in the basement of the "Elektroterma"
enterprise at Breza.
The living conditions at this camp were deplorable. The incarcerated
Serbs lay on concrete floor without any covers, in darkness. Food
was given to them only once.
They were beaten every day and had to greet the Muslim soldiers
who ran the camp by "Merhaba, Sir".
Evidence: 292195-2,292195-1and 292195-4.
7.2.36.2. From May to August 1992, Serb women and young girls
from the municipalities Breza, Visoko and VareS, were systematically
raped by groups of men at a time at the camp in Breza, having been
beaten first. The rapings were sometimes done by 20 Muslim soldiers
in a row. The women were released only when they became
pregnant.Perpetrators: Muslim soldiers, the "Breza" camp warden aka "Kula",
allegedly from the village of Semizovac.
Evidence: 24/93-2.
7.2.37.0. Novi Travnik
On 17 May 1992, fifteen Muslims, several of them in uniforms,
entered the apartment of witness 225195 in Novi Travnik and, when
the witness opened the door, they grabbed hirn and dragged hirn into
the car, and took him to the Hunter's Lodge on Mt. Pavlovica, 15 km
away from Novi Travnik. They blindfolded and gagged hirn and
started beating him ;al1over his body with batons and rifle butts,
cursing his "Chetnik rnother". At one point, they started burning his
penis with a lighter, a'fterwhich he fainted.
After several hours of beatings, they transferred hirn to the "Marshal
Tito" former JNA barracks in Travnik, where they tied hirn and
battered hirn again. The following day, he was visited by an
acquaintance, who vvas a high-ranking Muslim official, on whose
orders he was released, but who told him that the Muslim soldiers
were probably going to kill him, so he had better leave Travnik. He
took the advice and left the following day, and is now living as a
refugee.
Doctors established severe bodily injuries on this witness.
Perpetrators: Ranica Mujakovic and other members of Muslim military
formations.
Evidence: 225195.
7.2.38.0. BusovaCa
The camp in BusovaCa was situated in the vicinity of Travnik and
was run by the Croat Army HVO.7.2.38.1. In the BusovaEa camp, in addition to Serb civilians, there
were also 25 former JNA soldiers captured during war operations in
Travnik and its surroundings on 4 May 1992.
After they captured them, HVO soldiers lined them up and ordered
Croats, Albanians and any other non-Serbs to step out. Nine soldiers
stepped out.
The remaining soldiers, including two witnesses, one of which was 20
and the other 21 years old, were subjected to torture and ill-treatment
by the HVO soldiers. After they ordered them to take off al1 their
clothes and shoes, they started hitting them with their fists, feet, and
a number of different objects, on al1 naked body parts. They
separated four men from the group, ordered them to kneel down, tied
their hands behind, blindfolded them and continued to beat and batter
them. Then they placed their bodies against a pillar, tied their hands
behind the pillar with a wire and continued to viciously beat them.
Since they were blindfolded, none of the four captured soldiers could
tell who the other three were, nor could he see them. They only
recognized each other by the sound of painful cries. The guards
brought the exhausted soldiers back to their camp cell, which was
dark and cold.
According to the statement of one of the witnesses, one of those four
captured soldiers, whose name was ëeh Vukola, terrified by what he
had gone through, and scared of what was still to happen to him,
started to run. The HVO soldiers shot him down, while at the same
time threatening other captured soldiers that whoever tried to escape
would end up the same as Vukola.
7.2.38.2. At the camp in BusovaEa, a captured former JNA soldier
P.S. was also incarcerated. He sustained several bodily injuries, as
well as fracture of his spinal cord, as a result of many beatings with
different objects.
7.2.38.3. Witness S.D., former JNA soldier, was at the camp in
BusovaCa from 4 May 1992, when he was captured with a group of
25 soldiers, until 25 May 1992, when he was transferred to the camp
in LjubuSki, and then exchanged. According to his statement, the
living conditions in the BusovaCa camp were an insult to human
dignity, the camp cells were dark and cold, crowded with prisoners,
978they slept on the concrete floor without any covers, food rations,
distributed once a day, were meagre and of poor quality. The
prisoners were interrogated every day and beaten at the same time.
During such beatings, in addition to a broken tooth, the witness
suffered a head injury and a fracture of his nose bone. As a result of
such treatment in the camp, the physical and mental health status of
this witness and of other prisoners was serious and obviously
deteriorating.
Evidence for 4.2.38.1. to 3.:138194-2and 149194-2.
7.2.39.0. Bugojno
7.2.39.1. In July 1994, captured Serbs were brought to Bugojno and
put in a camp in the building of a former bank, where the Muslim
military policeeadquarters was.
During their stay in the camp, the prisoners were subjected to
brutality. They were beaten several times a day, handcuffed to the
radiator pipes or to staircase banister and then beaten with rubber
sticks and wooden bats. During such torture, they placed certain
prisoners in the manhole, handcuffing them to water supply pipes and
put a hose into their shoes and turned on the tap. As a result, the
witness lost his toe nails and they have never grown again.
Hands and feet of another detainee were tied to metal nails in the
wall, and he was kept in such a position, like crucified. They beat
him with different objects on his wrists and ankles. They put out
cigarettes on another detainee's tongue.
They kept cursing the prisoners for being Serb and used different
derogatory names in harassing them.
Throughout this torture, the incarcerated Serbs sustained grave bodily
harm and severe mental pain. They lost consciousness due to the
blows and pain and
1. Zoran Danilovic from Mrkonjic Gradsoon died due to the injuries inflicted, just after he was transferred to
the camp in Travnik.
Perpetrators: one Mesud aka "Jaro" (a taxi driver from Bugojno before
the war), one Jusic from the village of KrivaCe, Besim Hodiic, aka
"Besko" (deputy police commander in Donji Vakuf before the war),
Nijaz Habib (also a policeman in Donji Vakuf before the war), as well
as members of the Muslim military and civilian police in Bugojno).
Evidence: 333195-1 6 and 333195-1 7.
7.2.40.0. Hrasnica
In early July 1992 a camp for Serb civilians was set up in a joint
garage between two high-rise buildings on 29 novembra street in
Hrasnica, municipality llidia (Sarajevo). In November 1993 the
surviving captives were transferred from this camp to a camp located
in the basement in the new, still vacant building of the hotel for
single persons inn Alekse Bojovica street.
Serb civilians were brought to these camps and subjected to various
forms of torture, while many were killed. In the former camp,guards
tortured the prisoners by placing chairs allegedly for them to sit and
then pulling chairs away, while hitting them with a sack filled with
cement that hung suspended on a rope above their heads. In such a
way they broke witness's 487194 right leg. They also beat him with
an iron rod on al1his fingers, so that al1his nails fell off.
Another witness was beaten by bats in the camp warden Oketic's
office, breaking his jaw and inflicting several other wounds on his
head.
Some of the captives died of the wounds, and some were killed in
the camp or while being taken to forced labor.
The following were killed in the mentioned camps:
Vito Vasovic, formerly employed with "Famos",
Radovan Guzina from Gacko,
980DraSkovic, from Kaliriovik, died after being beaten up by Senad
Gadio,
MomCilo KovaCevic,
Kenic, died on 2 August 1992 of injuries (witness 162196-7).
Rajko Kmezic, killed in October or November 1992 by a shell while
on forced labour at ci construction site near Butmir airport (witness
713/95).
Milan Krstic, from RaStelica, born in 1950, father: Vojin, gunned by
guard Fuad on 22 April 1993 at 1 PM, in retaliation for the escape of
4 camp prisoners while they were digging trenches on Hrasnica.
Sektila Mandic, from Hrasnica, died on 2 August 1992 of sustained
wounds (witness 713195, 162196-7).
Mocevic, from Preselica near Kijevo, about 90 years old, died of
sustained wounds on 2 August 1992 (witness 162196-7).
Dostimir Nikolic, frorrii Hrasnica, about 60 years old, beaten to death
by Senad Gadio in July (or 2 August) 1992 (witnesses 408196-24,
162196-7).
Rajko Medic, born in Hrasnica, lived somewhere in Croatia before the
war, killedduring forc:ed labour on the bridge (witness 408196-24).
Radomir Milutinovic, died on 2 August 1992 of sustained wounds
(witness 162196-7).
DuSko Papuëic, froni Hrasnica, formerly employed in "Famos" as a
lathe operator, killed on a bridge (witness 408196-24).
Simikic, died of inflicted wounds on 2 August 1992 (witness 162196-
7).
Slobo, from Sokolovica colony, owned a glazier's shop in Sokolovica
colony, killedwhile cligging trenches.Gojko Stjepanovic, from Sokolovica colony, died on 2 August 1992 of
sustained wounds (witnesses 713/95, 162196-7).
Borko Stojanovic, from Rogatica, about 40 years old, who worked in
"Famos", was beaten to death by Senad Gadio in July (or 2 August)
1992 (witnesses 408196-24, 162196-7).
Aleksa Stranputa,
Slobodan ~osovic, born in 1960,
Maksim ~ojic, from BoraC, who lived in Hrasnica and worked in
"Famos" before the war, killed towards the end of 1993 or beginning
of 1994. The guards said that he committed suicide, but woman
witness 532194-4, who cleaned the solitary confinement cell in which
he had been imprisoned saw that walls, ceiling and floor were
streaked with fresh blood and concluded that his throat had beenslit.
Perpetrators: Husein Mujanovic aka Huso, born on 21 September
1959 in Kostici, municipalityBijelo Polje, father: Salih, on staff with
the camp in PriStina before the war, first camp warden; Rasim
Aladus, from Gacko, substituted Mujanovic as camp warden in
November 1992 (witness 162196-7); Rasirn Okeric (or Okelic), from
Gacko, teacher before the war, camp warden since June 1993; Vahid
Aladuz, about 35 years old, with the Secretariat of the lnterior in
Hadiici before the war, military security superintendent; Fekim Belko,
aka "Pedo", from Kijevo, worked in "Famos" before the war, about 60
years of age, high, strongly built, with mustach, head of military police
in charge of this camp; Senad Gadio from the village of Boraë near
Gacko, guard, the most vicious beater; Dolpa, from Hrasnica, guard;
Diemo Duliman, from Goraide, guard; Enver LaliCic, from
Montenegro, owned a house in Sokolovic colony, guard; Zaim LaliCic,
about 35 years of age, waiter in Hrasnica before the war, guard;
LonEaric, frorn the village of Boraë near Gacko, guard; Mujanovic, aka
"TrkaC"; "PaSo" from Goraide, guard; "Pidiuga", guard; Zaim
RadonCic, from Sandjak, camp guard; Rediep Radonëic, from Ilidia,
guard; Esad SalCin; Sejo from Ilidia, guard; Sejo TekaE, guard;
Faruk, aka "~areni", from Rogatica, guard; Zijo catie, about 30 years
old, deputy police commander in Hrasnica; Suljo Hebib, from Gacko,
guard; Suljo Hedim, from Cernica, guard; Sejo Corbo, from BoraC
982near Gacko, guard; Dliemo, from ViSegrad, guard; Pero ~utalo, aka
"UstaSa"; Zijad Dadic (Gagic), aka "Zijo", had a house in Kiseljak,
about 50-55 years old, camp warden (witness: 162196-7),Mujo SalEin,
camp warden after Zijiad Dadic.
Evidence: 767195, 487194,412194-14, 408196-24, 532194-4,713195,
408196-24, 162196-7, 386196-296, 2196-8,434195,454194-2, 454195-7.
7.2.41.O Bihac
7.2.41.1. On 20 June 1992, D.G., a Serb from Bihac, was taken to
the police on charges of having thrown a bomb into a hotel. He was
beaten and blackmailed to confess. He claimed that he was only
passing by the hotel when the grenade fell, and he gave the names
of witnesses who could confirm it, but it did not help, and the beating
continued. In addition to a large number of other injuries, his five ribs
were broken, he hacl a breast haemorrhage and a broken jaw. He
was then rushed to ri hospital, where he stayed under treatment until
1 July 1992, when h~ewas discharged prematurely, although not fully
recovered, because of the threats against him in the hospital. He
remained in hiding iri Bihac until the exchange of 22 January 1993,
when he left.
Perpetrators: Muharem Begic, security head in Bihac and one
Selimanovic (or Selirriovic), policeman.
Evidence: 205194-1
7.2.41.2. On 11 May 1992, N.K., a Serb, was captured at Grabei,
near Bihac, as a former JNA reserve officer, by the Muslim army
under the commancl of Jasmin HarbaS. After capturing him, they
made a cut with a knife from his right ear to his mouth, leaving a
deep scar and also pierced his lefi earlobe on the same occasion. He
was then taken to Jasmin HarbaS's house and tied standing up to a
post in the garage, so tightly that he could not lie down. HarbaS
would appear from time to time, accompanied by some Muslim
soldiers and al1of them would batter him.
Evidence: 205194-15.
9837.2.42.0. Kakanj
7.2.42.1. During August and September 1992, S.V., born in 1968,
whose identity is known to the Committee, was locked up by force in
her grandmother's house in Kakanj by two Muslim soldiers. They kept
her in house detention for more than 20 days and raped her
alternately. Sometime after they let her go, she found that she was
pregnant. An abortion was approved at the recommendation of her
psychiatrist.
Evidence: 24193-5.
7.2.43.0. Konjic
7.2.43.1. On 6 July 1992, persons belonging to the Serb nationality
who had come from the territory of Bosnia and Herzegovina were
gathered in the streets of Zagreb and forced to get on four buses
and taken to Jablanica.
At Jablanica, the victims were beaten and then taken to Konjic, to be
handed over to the Muslim police and the army wearing green beret
uniforms.
The incarcerated Serbs were assigned to a "work unit" which
performed the most difficult manual work. They worked even in the
rain and stormy weather, as well as in very cold weather. While they
were working, they were constantly yelled at, cursed and beaten.
The witness stayed in the "work unit" until early April 1993, when he
escaped to the Serb-held territory.
Evidence: 292195-5.7.2.44.0. TeSanj
7.2.44.1. In September 1993, in the village of MekuS, near TeSanj, a
group of Muslim soldiers raped a male Serb P. Dj. Afterwards, they
set on fire his clothes on which they put him.
Evidence: 594196-20 [Testimony of P.Dj., Annex No. C 27, pp. c263-
~2661~267-c270,Medicinski nalazlhnedical findings - TS 2 Annex No.
C 151, pp. cl 500-~1.5021~1503-1505and pictures 1-5, Annex No
C161, p. 67)
7.2.44.2. Witness M.T. testifies how he was treated and tortured in
the basement of the police station in TeSanj where he was held for
45 days together with other Serbs.
Evidence: 701196-7 (svedotenje M.T./testimony M.T., Annex No. C
107 pp. CI090-CI0961~1097-cl1O1)
7.2.44.3. Witness z.s., also, testifies about the conditions and tortures
of the captured Serbs, including children, in the police station in
TeSanj.
Evidence: 701196-4 (svedotenje i.S./testirnony z.s., Annex No. C
121, pp. CI225-12291~1230-~1235)
7.2.45.0. Banjaluka
Due to the total blockade of Banjaluka in mid-1992 imposed by the
Muslim authorities, supply of medical provisions to the hospitals in
Banjaluka was cut off. As a result, a number of patients died,
including 12 babies v~hodied for the lack of oxygen.
Evidence: 249197-45 (svedotenje ~.~./testimony A.c., Annex No. C
272, pp. ~2340-~234:>/~2343-~2345)7.2.46.0. Rapes causing serious bodily and mental harm to Serb
women
7.2.46.1. In July 1993, in TeSanj, three Muslim soldiers raped a
Serb woman M.A., in her house, in the presence of her husband,
who was forced to watch it. The victim of this rape sustained serious
bodily and mental harm.
Evidence: 594196-26 (Testimony of M.A. Annexs No. C 2, pp. c8-
cl 11~12-c15,Medicinski nalazIMedica1findings - TS 2 Annex No. C
151, pp. c1500-~15021~1503-1505and photos in the Annex No Cl 61,
pictures No 1-2, p. 68)
7.2.46.2. Lj.L. was captured on 8 May 1992, and same as the other
Serb women was imprisoned in the houses of Muslims and Croats
living inOiak and the surrounding villages, white the men were taken
to the camps. During the time spent in camp, she was beaten and
raped. During the acts of rape she lost consciousness. They cursed
her Chetnick mother, and said "F ...your Chetnick mother, you
endured the fifteen of us, so we shall let you go." To her
knowledge, the following women were also, raped by the same group
of soldiers: M.N., D.S. and M.Dj.- al1of them from Odiak.
Evidence: Medicinski nalaz1Medical findings - EL 15 (Annex No. C
136, pp. c1412-c1414/c1415-cl417 and photos in the Annex No. C
161, picture No 1, p. 88)
7.2.46.3. Some of the cases of rapes have been presented in the
Report on the Rapes of Serb Women, Sl24991, 18 Decernber 1992
(Annex No 59 to the Part I of the Counter-Memorial). Respondent
draws the attention in particular to the cases of rapes presented in
paras. 7.1.6.2., 7.2.1.0., 7.2.4.0., 7.2.6.0., 7.2.11.4., 7.2.11.4.,
7.2.12.2., 7.2.19.0., 7.2.29.0., 7.2.35.0., 7.2.42.0. of the Counter-
Memorial.
7.2.47.0. Forensic-medical documentation
Enclosed herewith is a part of the forensic-medical documentation
prepared by a group of forensic-medical experts who examined thesurvived Serbs - victims of torture in the camps on the territory of
Bosnia and Herzegovima.
Evidence:
Medicinski nalaz1Medical findings - T 3 (Annex C 163, pp. cl 574-
cl 5761~1577-c1582)and photo in the photo-documentation (Annex No
C161, picture No 1, p. 70)
Medicinski nalazlhnedical findings- B 3 (Annex C 164, pp. c1583-
CI5851~1 586-CI588)
Medicinski nalaz/Medi,cal findings- s 5 (Annex C 165, pp. cl 589-
cl 5901~1591-c1592)
Medicinski nalaz1Medical findings - s 7 (Annex C 166, pp. c1593-
CI5951~1 596-CI598)
Medicinski nalaz1Medical findings - s 8 (Annex C 167, pp. c1599-
CI601ICI602-CI604)
Medicinski nalaz1Medical findings - s 9 (Annex C 168, pp. c1605-
CI6071~1 608-CI610)
Medicinski nalaz1Medical findings - s 10 (Annex C 169, pp. cl61 1-
cl 6131~1614-CI616)
Medicinski nalazlMedica1 findings - s 12 (Annex C 170, pp. cl 617-
CI6191~1 620-CI622)
Medicinski nalazIMedlical findings- s 13 (Annex C 171, pp. c1623-
CI6251~1 626-CI628)
Medicinski nalaz/Meclical findings- s 14 (Annex C 172, pp. c1629-
cl 6301~1631-cl 632)
Medicinski nalaz1Medical findings - s 15 (Annex C 173, pp. cl 633-
CI6351~1636-~1638)
Medicinski nalaz/Meciical findings- s 17 (Annex C 174, pp. c1639-
CI6411~1642-~1645)
Medicinski nalaz1Medical findings - s 18 (Annex C 175, pp. c1646-
CI6481~1 649-CI651)
Medicinski nalaz/Metjical findings- B 15 (Annex C 176, pp. c1652-
CI6541~1655-C6 I67)
Medicinski nalaz1Medical findings - 6 13 (Annex C 177, pp. cl 668-
CI6701~1671 -CI673)
Medicinski nalazIMe~dicalfindings - B 11 (Annex C 178, pp. c1674-
CI6751~1 676-CI678)
Medicinski nalazIMedical findings - 6 7 (Annex C 179, pp. c1679-
cl 6811~1682-c1684)
Medicinski nalazIMedical findings - B 4 (Annex C 180, pp. c1685-
CI6871~1 688-CI689)
987Medicinski nalaztMedical findings - B 18 (Annex C 181, pp. c1690-
cl 6911~1692-c1694)
Medicinski nalaz1Medical findings - B 12 (Annex C 182, pp. c1695-
CI6971~1698-~1700)
Medicinski nalaz1Medical findings - B 24 (Annex C 183, pp. c1700-
CI701ICI702-CI704)
Medicinski nalaz1Medical findings - B 16 (Annex C 184, pp. c1705-
CI7071~1 708-CI710)
Medicinski nalazIMedical findings - B 22 (Annex C 185, pp. cl71 1-
cl 7131~1714-CI716)
Medicinski nalaz1Medical findings - B 17 (Annex C 186, pp. c1717-
CI7181~171 9-CI721 )
Medicinski nalazlhnedical findings - B 21 (Annex C 187, pp. c1722-
CI7231~1 724-CI726)
Medicinski nalaz1Medicalfindings - BG 1 (Annex C 188, pp. c1727-
CI7311~1 732-CI735)
Medicinski nalaz1Medical findings - TS 1 (Annex C 189, pp. c1736-
CI7381~1739-~1741)
Medicinski nalaz1Medical findings - TS 4 (Annex C 190, pp. c1742-
CI7441~1 745-CI747)
Medicinski nalaz1Medical findings - TS 6 (Annex C 191, pp. c1748-
CI7501~1751 -cl 754)
Medicinski nalaz1Medical findings - TS 7 (Annex C 192, pp. c1755-
CI7561~1 757-CI759)
Medicinski nalaz1Medical findings - BL 1 (Annex C 193, pp. c1760-
CI761ICI762-CI764)
Medicinski nalaziMedical findings - BL 2 (Annex C 194, pp. c1765-
CI7661~1 767-CI769)
Medicinski nalazIMedical findings - BL 3 (Annex C 195, pp. c1770-
CI771 ICI772-cl 773)
Medicinski nalaz/Medical findings - BL 4 (Annex C 196, pp. c1774-
CI7751~1 776-CI777)
Medicinski nalazIMedica1findings - BL 5 (Annex C 197, pp. c1778-
CI7791~1 780-CI781)
Medicinski nalaz1Medical findings - BL 6 (Annex C 198, pp. c1782-
Cl7831~1 784-CI786)
Medicinski nalaz1Medical findings - BL 7 (Annex C 199, pp. c1787-
Cl7881~1 789-CI791)
Medicinski nalazlhnedical findings - BL 8 (Annex C 200, pp. c1792-
Cl7931~1 794-CI796)Medicinski nalaz1Medic:alfindings - BL 9 (Annex C 201, pp. c1797-
CI7991~1 800-CI802)
Medicinski nalaz1Medic:alfindings - BL 10 (Annex C 202, pp. c1803-
CI8051~1 806-CI808)
Medicinski nalaz1Medic;alfindings - BL 11 (Annex C 203, pp. c1809-
cl81 1/~1812-~1814)
Medicinski nalaz1Medical findings - BL 12 (Annex C 204, pp. c1815-
cl 8171~1818-~1820)
Medicinski nalazIMedical findings - BL 13 (Annex C 205, pp. c1821-
CI8231~1 824-CI826)
Medicinski nalaz1Medii:al findings- M 20 (Annex C 206, pp. c1827-
CI8291~1 830-CI832)
Medicinski nalaz1Medical findings - M 21 (Annex C 207, pp. c1833-
CI8351~1 836-CI838)
Medicinski nalaz1Medical findings - M 22 (Annex C 208, pp. c1839-
CI841/cl 842-CI844)
Medicinski nalazlhnedical findings- M 23 (Annex C 209, pp. c1845-
CI8461~1 847-CI849)
Medicinski nalaz1Medical findings - M 24 (Annex C 210, pp. c1850-
CI8521~1 853-CI855)
Medicinski nalaz1Medical findings - M 25 (Annex C 211, pp. c1856-
cl 8581~1859-CI861)
Medicinski nalaz1Medical findings - M 26 (Annex C 212, pp. c1862-
CI8641~1 865-CI867)
Medicinski nalaz1Medical findings - M 27 (Annex C 213, pp. c1868-
CI8701~1871 -cl 873)
Medicinski nalaz1Medical findings - M 28 (Annex C 214, pp. c1874-
CI8761~1 877-CI879)
Medicinski nalazIMeciical findings- M 29 (Annex C 215, pp. c1880-
CI8821~1 883-CI885)
Medicinski nalaz/Meclical findings- M 30 (Annex C 216, pp. c1886-
cl 8881~1889-~1891)
Medicinski nalaz/Metiical findings - M 31 (Annex C 217, pp. c1892-
CI8941~1 895-CI897)
Medicinski nalaz1Medical findings - M 32 (Annex C 218, pp. ~1898-
CI 9001~1901 -cl 903)
Medicinski nalazIMedical findings - M 33 (Annex C 219, pp. c1904-
CI9061~1 907-CI909)
Medicinski nalaz1Meirlicalfindings - M 34 (Annex C 220, pp. c1910-
CI 9121~191 3-CI915)Medicinski nalazIMedical findings - M 35 (Annex C 221, pp. c1916-
CI9181~1919-~1921)
Medicinski nalaz1Medical findings - M 36 (Annex C 222, pp. c1922-
CI9241~1 925-CI927)
Medicinski nalazIMedica1findings - M 38 (Annex C 223, pp. c1928-
CI931ICI932-CI935)
Medicinski nalazIMedical findings - M 39 (Annex C 224, pp. cl 936-
CI9381~1 939-CI941)
Medicinski nalaz1Medical findings - M 40 (Annex C 225, pp. c1942-
CI9431~1 944-CI946)
Medicinski nalaz1Medical findings - JA 1 (Annex C 226, pp. c1947-
CI9521~1953-~1955)
Medicinski nalaz1Medical findings - JA 2 (Annex C 227, pp. cl 956-
CI9581~1 959-CI963)
Medicinski nalazIMedica1findings - DER 1 (Annex C 228, pp. c1964-
cl 9671~1968-~1974)
Medicinski nalaz1Medicalfindings - DER 2 (Annex C 229, pp. c1975-
CI9761~1 977-CI980)
Medicinski nalazIMedical findings - DER 3 (Annex C 230, pp. c1981-
cl 9841~1985-c1991) and photos in the photo-documentation (Annex
No Cl 61, pictures No 1-3, p. 58)
Medicinski nalazIMedica1findings - DER 5 (Annex C 231, pp. c1992-
CI9931~1994-~1997)
Medicinski nalazIMedical findings - DER 7 (Annex C 232, pp. c1998-
cl 999/c2000-c2003)
Medicinski nalaz1Medicalfindings - DER 8 (Annex C 233, pp. c2004-
~20061~2007-~21 01)
Medicinski nalazIMedical findings - DER 9 (Annex C 234, pp. c2012-
~20141~2015-~2019)
Medicinski nalaz1Medicalfindings - DER 11 (Annex C 235, pp. c2020-
c2021lc2022-c2025)
Medicinski nalazlhnedicalfindings - DER 13 (Annex C 236, pp. c2026-
~20291~2030-~2036)
Medicinski nalaz1Medicalfindings - DER 14 (Annex C 237, pp. c2037-
c2039lc2040-c2044)
Medicinski nalaz1Medicalfindings - DER 15 (Annex C 238, pp. c2045-
~20471~2048-~2053)
Medicinski nalazlhnedicalfindings - DER 16 (Annex C 239, pp. c2054-
~20561~2057-~2060)
Medicinski nalaz1Medicalfindings - DER 17 (Annex C 240, pp. c2061-
~20631~2064-~2069)
990Medicinski nalaz1Medicalfindings - DER 22 (Annex C 241, pp. c2070-
c2072/c2073-c2077)
Medicinski nalaz1Medicalfindings - DER 21 (Annex C 242, pp. c2078-
~20801~2081-~2084)
Medicinski nalazfhnedicalfindings - DER 20 (Annex C 243, pp. c2085-
~20881~2089-c2096)
Medicinski nalaz1Medic:alfindings - DER 19 (Annex C 244, pp. c2097-
c2099/c2100-~2104)
Medicinski nalazlhnedical findings - M 1, (Annex No. C 259, pp.
c2238-~22421~2243-c2245) and photos in the photo-documentation
(Annex No. C 161, piirtures No 1-4, pp. 75-77)
Medicinski nalazlMedical findings - M 17, (Annex No. C 264, pp.
c2270-~22731~2274-~2276)and photos in the photo-documentation
(Annex No. C 161, pictures No 1-2, pp. 78-79)7.3. ETHNIC CLEANSING
7.3.1. E:thniccleansing is a new term that as yet does
not have an established legal meaning. Forcible expulsion of parts of
population does not qualify as genocide according to the 1948 UN
Convention on the Prevention and Punishment of the Crime of
Genocide (see Ch. V. Counter-Memorial).
7.3.2. Chapter VII, Section 3, lists al1 acts that may
qualify as "ethnic cleansing". If the Court finds them falling under the
acts sanctioned by the Convention on the Prevention and Punishment
of the Crime of Genocide, the Court is hereby requested to give them
careful consideration and bringforth appropriate decision.
7.3.3. The number of Serb refugees who have fled
either their homes or the territory of the 6-H amounts to several
hundred thousand. They have largely been victims of the ethnic
cleansing.
7.3.1.O. Olovo
7.3.1.1. On 6 August 1992, members of the Muslim
armed forces surrounded the village of ProgoSevo near Olovo, rushed
into the houses of Serbs (about 20 households) and ordered them to
leave their homes and the village within half an hour not allowing
them to take any belongings with them. The houses were looted and
set on fire, thecattle driven away, and the villagers travelled on foot
for two days without any supplies in order to cross on the territory of
the Republic of Srpska.
The following participated in the commission of this
crime: Hamdo PaSaYic,Rasim Ahabdic (father: Zehrid), Begir Nehic
(father: Mujo) Avdo al1from Olovo and Rasim Hasanovic from Gajtan.7.3.2.0. Livno
7.3.2.1. In the village of Veliki Gubar, the municipality
of Livno, there used to live about 350 citizens of Serb nationality. In
the course of May and June 1992 Croat armed forces exerted
constant pressure on them to leave the territory. Their houses were
set on fire and blown up, flats were searched, property and farming
machinery seized. Serbs were often brought to the police station and
held there and some were in fact taken away and nothing is known
about their fate. There were also murders, Milena Laganin, whose
husband Dejan was in camp at the time, was found dead in her
home. Under such pressure a large number of Serbs left this place
and those who did not manage to, continued to be subjected to
various forms of maltreatment.
7.3.2.2. The woman witness I.M. was arrested three
times in Livno from May to August 1992 only for being of Serb
nationality. On8 August there was a wholesale raid on Serbs which
included women, old people and children. This witness was fired from
work, had to report to the police every day, she was ordered to sign
a statement giving up her own flat, which she had to do and she
sold her furniture for next to nothing.
The person responsible for this crime is Mirko Bakovic,
the president of the municipality of Livno.
7.3.2.3. From the time the Croat Democratic Union, the
ruling party in Croatia, assumed power, Serbs living in Livno and the
vicinity were constantly subjected to threats, blackmail and
maltreatment, always attended by the question "when are you moving
out?" They were summoned to the police often, held there for days
and beaten. At night their houses were shot at and dead people
were also found. Al1 this was done to induce them to sign up "of
their own free will" for exchanges, and they did, leaving their houses
and property.
The following participated in the commission of this
crime: Muhamed Ibrahovic, warden of the camp in the "Ivan Goran
KovaEic" Elementary School, Jozo Peric, warden of the camp locatedin the building of the former Secretariat of lnternal Affairs, and Jozo
Djuric, investigator of the Secretariat ofternal Affairs in Livno.
7.3.2.4. In the period May - June 1992, the
mausoleum in Livno in the chape1of which the remains of Serbs from
Livno killed by the lJstashi in World War II had been buried was
blown up and the chcipel was set on fire.
HOS rnembers took parts of the skulls of the victims
from what remained of the mausoleum and attached them to the
hoods of their cars which they drove around Livno.
The persons responsible: Ante Gotovina, HVO
commander in Livno and Mirko Bakovic, president of the municipality
of Livno.
Evidence: 205/94-7.
7.3.3.0. Tuzla
7.3.3.l. Before the outbreak of armed conflicts there
had lived a large nucnberof Serbs in the city of Tuzla as the minority
population, the majority being Muslims. Relations between these two
ethnic groups had been tolerant but from the moment civil war broke
out, the Serbs, as i:he minority population, were exposed to various
threats and pressures. The wornan witness B.C. who left Tuzla as
late as April 1994 stated that Serbs were fired from work, their flats
were searched, they were called Chetniks and arrested to be
released only upon clepositing large sums of money.
The persons most responsible for these acts are
Zvonko GaSic, chief of police in Tuzla and Martin UdovCic, a teacher
by occupation and piresidentof the Croat Democratic Union.
7.3.3.2. Prior to the outbreak of the armed conflict,
personnel changes in leadership served only to strengthen the rule of
the Muslim Party of Democratic Action and the Croat Democratic
Union in Tuzla. Sirnultaneously, they were building up their military
arsenals in preparation for the war to come.
995 In February 1992, B&H Defence Minister Jerko Doko,
a Croat, sent a fax-message requesting Selim Beslagic, the mayor of
Tuzla, to deploy three Green Beret teams for special operations on
the territory of the town of Tuzla. Having arrived in Tuzla, these
teams overtly procured arms for themselves and openly flourished
their insignia.eSlagic assigned Enver Delibegovic (Territorial Defence
Chief of Staff) and Mehmed iilic ( secretary of the Municipal
Secretariat for National Defence) to the task of supplying the teams
with food and weapons.
Moreover, Selim BeSlagic advocated the idea of
Yugoslav unity in public, while in his clandestine arrangements with
Izetbegovic, Ganic and Doko he worked on bringing together the
region's political and military forces of SDA and HDZ, preparing for
ethnic cleansingof Serbs.
BeSlagic had a hit list, complete with al1addresses, of
the Serbs to be liquidated and it included al1 prominent Serbs in the
municipality (the eyewitness whocan vouch for this).
The Muslim-Croat authorities of Tuzla assiduously
prepared the attack on JNA personnel in the "Husinska buna"
barracks, while simultaneously taking great pains to assure both the
JNA representatives and the general public that the JNA would be
given safe conduct once it decided to leave Tuzla.
At a full-member session of the so-called "crisis-
management committee" in the office of mayor Beglagic, a decision
was reached to secure safe conduct for the JNA personnel during
their evacuation from Tuzla and this was publicly announced on the
local radio. At their next session held at The Mining lnstitute and
attended by only Muslim members and one Croat committee member,
they decided to launch an attack on the JNA convoy during its
evacuation from Tuzla. So, the JNA was first promised safe conduct
while leaving Tuzla only to be deceived and attacked later by the
Muslim-Croat paramilitary units in the same way they had been
attacked on May 3, 1992, in Sarajevo. A considerable number of
innocent JNA soldiers were killed in the assault. The top Muslim-
Croat political leadership of the-H was also involved in making the
decision to attack the JNA convoy.
996 The attack on the JNA convoy which was peacefully
leaving Tuzla and the killing of a considerable number of soldiers,
induced a large number of Serbs, residents of the municipality of
Tuzla, to leave theirhlomes and property fearing for their lives in this
atmosphere of utter insecurity. At the time these events were taking
place and shortly after they occurred, some 200,000 people of Serb
nationalityleft Tuzla so that the municipality of Tuzla was largely
"cleansed" of Serbs.
Evidence: 386196-16 (Annex No 252 to the Part 1 of the Counter-
Memorial).
7.3.3.3. After 15 May 1992 when a JNA column was
attacked in Tuzla a.s it was evacuating from the city, Muslims
maltreated the Serbs who had remained to live in this city in various
ways. They barged into Serb flats on the pretext of searching for
weapons and ransacked them. The witness 184195-40 was arrested
after his flat had been searched and taken by car towards the
outskirts of Tuzla; en route they told him that they would pull out his
nails and cut him to pieces. He was saved from such a fate by an
influential Muslimaccluaintance of his, who later told him that "Biber"
had been taking him to be executed only because as a professor he
was a citizen of note in Tuzla.
Serbs in Tuzla lived in constant fear. For the Muslims
of Tuzla "a good Serb was a Serb who readily responded to the
Muslim call-up, took a gun and went to Majevica or BrSko to shoot at
Chetniks". As the Serbs refused to be mobilised into the army of
Bosnia And Herzegovina, they were arrested on a massive scale by
the military police and shut as a rule in the former "Husinska buna"
JNA barracks and in the District Camp in Tuzla. For refusing to be
drafted some were sentenced to long terms of imprisonment but the
majority were being held in camps without any written decision.
In September 1992 the Party of Democratic Action
started publishing its weekly "Zmaj od Bosne" whose stars were the
journalists Rifat Ha!;kovic, Nisvet Dianko, Adnan Jahic and Vedad
Spahic. The basic message of this paper was hatred of everything
Serb and itcalled for revenge to be taken on the Serbs for crimes
they had allegedly committed in the past. The paper inter alia
997published wanted posters of persons of Serb nationality, respectable
citizens of Tuzla and intellectuals. Among others, the text by the
journalist Vedad Spahic was published requiring of every Muslim to
kill one Serb and claiming that children from mixed marriages were
mentally retarded and physically deformed.
Evidence: 184195-40.
7.3.3.4. The problem of the status of Serbs in Tuzla is
discussed also in the Sixth Report of Mr. T. Mazowiecki dealing with
the situation ofhuman rights in the territory of the former Yugoslavia,
where it is said that "their situation is desperate and almost al1of the
18,000 believed to be in Tuzla want to get out." Mr. Mazowiecki sees
the threat of forcible mobilisation into the ranks of the government
forces and their sending to fight against other Serbs as the basic
reason for the Serbs' concern. The second reason is the
psychological pressure in the form of harassment at the hands of
their neighbours and colleagues and the alleged constant use of the
word "Chetniks".
7.3.4.0. Travnik
7.3.4.1. After the units of the Yugoslav People's Army
had left Travnik, members of Croat and Muslim armed forces started
barging into Serb houses and ransacking them, taking away
valuables, and anyone who protested was beaten. On 21 June 1992
two bombs were thrown into the house of the woman witness
wounding her. She was taken to hospital but the doctor on duty, Dr.
Mirsad Granov, refused to attend to her because she was a Serb. In
September 1992 Muslim police came to her house and told her that
she had to leave it because Muslim refugees would be moving into it.
The witness later fled to Serb territory.
This witness names the following as responsible for
these acts: Mirsad Tomic, Meho Suljagic, Mustafa Grabus and his
son Rijad Grabus and Dr. Mirsad Granov, doctor at the hospital in
Travnik.
7.3.4.2. The witness, a medical technician by
profession, confirmed that after Muslims and Croats had assumed
power in Travnik, health institutions started refusing to extend
998medical assistance to members of Serb natisnality Ali Serb patients
who happened to be in the Travnik Municipal Hospital a? that time
disappeared overnight, and some had died eveq tl-oqh their
condition had not beer;~afl that serious.
7.3.4.3 The witness and his family lived in the vi'lige
of Belo BuCje near Travnik mainly populated by Musiims. In
November 1991 an arined Muslim unit called "KrajiSnici from Kozarac"
commanded by "Colonel Edo", allegedly a former JNA offce" mtered
the village. They harassed the witness, his parents ai?d his :ir:cle,
beating and threatening them. They confiscated their .nc\noy and
valuables. They told them that lhere was no place for thei: 'n the
village since they were Serbs.
The wiitness was taken to be shot, but he r77arlauedto
escape and reached the territory of the Republic cf Srpska aster
hiding in Travnik for four months.
Due to such an attitude of Muslims al1the Serbs from
the village had to leave their houses and flee to the terrifor!! of the
Republic of Srpska. Their property was plundered by Ma,,': ~ ~ ~ ~ ,
At thNat time the commander 3-h~ "zr'sis
headquarters" in the village was Smajo Derbic snd he is beld
responsible for the m'entionedacts.
Evidence: 333195-31
7.3.5.0. Zenica
7.3.5'1. On 5 June 1992 strong Miislirs armw fvPr,es
attacked villages in the vicinity of Zenica (Janicki ?/rb,'3r;\?<.Sa,
RaspotoCje, Perin Han, Gornja Vraca, Mutnica and Lokve) populated
exclusively or predorninantly by Serbs. A large number of Serbs were
killed and when the survivors requested them to stop the abtack, the
Muslims accepted or1 condition that al1 Serb men from the mentioned
villages assemble at a designated point so that they could satisfy
themselves that theie were no soldiers or paramilitary formations in
these villages, and guaranteed that nothing would happen to then-.
999When the Serbs did so they were banded together and taken to a
camp in Zenica.
The following have been identified among the
perpetrators of this crime: Firad sisic, camp commander, MujCin
BeSlo, Military Police commander in Zenica, Mirsad Strika, judge of
the High Military Court in Zenica and one KeleStura from the village
of Gornja Vraca.
7.3.6.0. Srbinje (FoCa)
7.3.6.1. Muslim extremists, members of the Patriotic
League, set a number of buildings in FoCaon fire in the period from
11-15 April 1992. One evening they set fire to the old part of FoCa
called "Prijeka CarSija" burning down on that occasion the Orthodox
Parish building in FoCa and the houses of Milo Malié, Natalija
Sunaric and Mara LuCie.
They also torched the houses of Dragan Plemic,
Milisav Kovaëevié, Momo Kovae, Milorad Radovic, Boio Drakula,
Savo Obrenovic, Djordje Pavlovic, Desa GujiCiC, llija Radovic, the
house and restaurant of Mico Krnojelac, the restaurant of NebojSa
Grujiutic, the flat of Velizar GrujiEic.
In al1the cases Serb property was in question.
Evidence: Report of the Serb Orthodox Church.
7.3.7.0. Konjic
7.3.7.1. The village of Zukici near Konjic is populated
mainly by Muslims. There were only five Serb houses in it. Under
Muslim and Croat pressure almost al1 Serb villagers left the village.
Only the Djordjevic family remained and al1of them were later killed
(Jelenko, Sofija and Mara). The folllowing have been identified as the perpetrators
of this crime: Reho Belic, Elvedin Rizvanovic, aka "Elvo", Mehmedalija
Rizvic and Osman Karic, aka "Boca".
7.3.7.2. The witness was on the staff of the Health
Centre in Konjic as aidoctor specialist. Starting with May 1992 the
attitude towards Serbs became unbearable. The director of the Centre
kept telling the witness and other Serbs that al1 of thern were
hostages and would be killed if only anything happened to the
Muslims. When on 7 May 1992 he came home frorn work he found
his flat broken into and occupied by the Muslim Bajro Hajic, notorious
for his misdeeds. The witness was not allowed into the flat nor was
he allowed to take anything from it. He was forced to leave Konjic
with his wife and two children, having left behind, in addition to the
flat, also ahouse on JablaniEko lake, two passenger cars and objects
of great value (a library, a collection of paintings, etc.).
The persons responsible for this crime are Ahmed
Jusufbegovic, doctor, director of the Health Centre in Konjic, and
Bajro Hajic from Konjic.
Evidence: 280194.
7.3.8.0. Mostar, ~a~ljina, Stolac and Jablanica
7.3.8.1. Massive-scale ethnic cleansing took place in
Mostar, ~apljina, Stolac and Jablanica. About 45,000 Serbs are
estimated to have lefî these areas abandoning their houses and
property under the threats of Muslim and Croat armed formations that
they would be killed.(Report of the Committee Cornpiling Data on
Crimes against Hurnanity and International Law on Mostar, 1991-
1993, Annex No. C 274 pp. c2353-c2375)
The Sixth Periodic Report of Mr. Mazowiecki, special
rapporteur of the Co~mmissionon Human Rights, states: "The result of
the ethnic cleansing of Serbs was that the entire population was
reduced from their pre-war number of 30,000 to only 400".7.3.9.0. Derventa
7.3.9.1. The village of Bosanski Luiani which is
situated on the road from Derventa to Bosanski Brod was populated
predominantly by Serbs. Croat armed formations repeatedly raided
this village and massacred the villagers, destroyed houses and looted
property. There are no Serb families in this village any longer.
7.3.10.0. Bratunac and Srebrenica
7.3.10.1. Para 46. of Mr. T. Mazowiecki's periodic
report says that "there exist reliable reports that many Serb villages in
the area of Bratunac and Srebrenica were deliberately burned down,
and approximately 5,000 refugees fled this area and across the Drina
river into the Federal Republic of Yugoslavia".
7.3.11.O. Banovici
7.3.11.l. In the afore-mentioned report of Mr.
Mazowiecki, paras 74. and 75. refer to the maltreatment and
massacres of Serbs living in Banovici. Before the armed conflict 4,453
of Serbs had lived there and later not more than 200 remained. At
the end of spring and in the summer of 1992 members of Serb
nationality were arrested, beaten and tortured, and some died of the
injuries.
The report also notes (para 77.) that the Serbs in the
village of Stupari were treated similarly. They were arbitrarily arrested
and detained without a trial.
7.3.12.0. Sarajevo .
7.3.12.1. Ever since war broke out in Bosnia-
Herzegovina, Serbs living in the section of Sarajevo controlled byMuslim authorities were subjected daily to various interrogations,
detailed searches of their flats, insults on national grounds, threats
that they would be killed, etc. Many Serbs were drafted into the army
of Bosnia-Herzegovina.
Evidence: 802195 (svedocenje S.L.1testimony S.L.,
Annex No. C 57, pp. c571-~574/~575-~578)
7.3.12.2. The witness was mobilised by force in
December 1992 and taken to the line of separation on Hrasno hill
where he stayed uritil 14 October 1993. During this period he
witnessed snipers fronqMuslim units firing towards the Serb section of
Grbavica every day and killing civilians there. Among them the
witness noticed in particular Dedo ~eovac or seovic as the most
active. Snipers receivod two packs of cigarettes as a reward for every
civilian killed, andthe witness heard them boasting how on the
average they killedonle Serb a day.
After a.n attempt to escape from the army of Bosnia-
Herzegovina the witness was arrested and taken to camp, initially the
one in the Headquarters of the 102nd brigade in Hrasno, near the
school for handicapped children, where the training school for their
military police was also located. From this camp he was taken to the
camp in the former "Viktor Bubanj" barracks and then to the Central
Prison in Sarajevo. Chring his stay in these camps the witness was
subjected to horrendous physical torture. He also noticed that the
guards in the "Viktor Bubanj" barracks hid some of the prisoners
when representatives of the International Red Cross came.
The wi~tnessknows that the senior official in the "Viktor
Bubanj" barracks was Hamzo Dolan, and the warden of the Central
Prison in Sarajevo lMeho Sobo who was later replaced by Esad
Osmanbegovic.
In the "Viktor Bubanj" camp the witness was in a
position to overhear conversations of members of Muslim formations
there. They addressed each other using nicknames, e.g. "Kliker",
"Eso", "combe" and similar. Each one said how he had killed 10 to
20 Serbs at a place called "Kazani" (the pass). They also talked
about how they would throw into the pits at that spot as many as a
hundred killed Serbs and then burn them.
1003 According to the witness's estimate there were more
then 100 imprisoned Serbs in the Central Prison in Sarajevo while he
was there, and they were taken to forced labour for military needs
during combat and exposed to the danger of being killed.
Evidence: 184195-41.
7.3.13.0. Visoko
7.3.13.1. On 20 June 1992 Muslim armed forces
attacked Serb villages in the area of the municipality of Visoko.
They captured most of the Serbs who had not
managed to flee and took them to the camp in Visoko.
A small number of the inhabitants of the village of
Maurovici in the municipality of Visoko returned to the village to tend
to their cattle and their homesteads. Muslims exerted pressure on
these villagers to leave also, saying to them: "When will you Chetniks
go, why aren't you moving?" Once when a group of Muslims came to
the village they killed Novica Bajic fromakanj who happened to be
there by chance and seriously wounded 1.S. from M. After this, they
took the remaining Serbs in the village also to the camp in Visoko.
In November 1992 al1 Serbs from the area around
Visoko were forced to leave their homes and cross over to the
territory of the Republic of Srpska.
Novica Bajic was killed by one "Erceglija" from the
village of Mokronoge, and the armed unit to which he belonged was
commanded by Reufit Jamakovic. Among those who forced the Serbs
out of their homes was also Mujo Omanovic, aka "Mujke" (father:
~ukrija from the village of Radnovici, the municipality of Visoko).
Evidence: 49/95-27
7.3.13.2.Since mid-May 1992 on, strong Muslim armed
forces started arriving in the area of Visoko from Zenica occupying
1004positions around the Serb settlements in the municipality of Visoko.
On 20 June 1992 these armed Muslim formations attacked the Serb
settlements of Dobrinje, Vilenjak, Radovlje, PuCiSce, KoloSici,
MuhaSinoviciand Donja ZimEa.
During that attack, in Vilenjak they killed Zeljko Ristic
and his mother, Slavko Damjanovic and his wife Jelka; in KoloSici
they killed BoSko Vukovic, his wife Draginja, their sons Rajko and
Mile, and also Zdravko Vukovic and Jelenko Vukovic, executing them
al1by firing squad in the yard of BoSko Vukovic.
The inhabitants of these villages were forced to
attempt to break through the encirclement in the direction of Kiseljak
and from there on to the territory of the Republic of Srpska. About
3,000 Serbs managed to break out, most of them having to cover
several tens of kilometres on foot.
However, the villagers of the Serb village of Radovlje
with the hamlets of Kondjilo, Lisovo, Djindici, Maurovici, Paljike,
Kalotici and Bradve, did not make it because the Muslims fell upon
the village and captured them al1before they had a chance to flee.
The blind Mira Vanovac from Gornja Zimëa, over 60
years old, Jovan ~arenac from MuhaSinovici, about 70 years old and
Blagoje ~ulum from Donja Zimta, about 70 years old did not manage
to get out. The Muslims found them in their homes and killed them,
cutting Culum up with knives.
During the Muslim attack some of the villagers tried to
offer resistance but the Muslims killed them: Dragan Kokotovic, Lazo
HrvaCevic, Nedjo Vojnovic, Radovan Glicic, al1 from KuciSce; Rajko
Rakovic, Branko Cvijetic and Vlatko Milanovic from Radovlje. ViSnja
Bajic, about 10 years old and lgor Stojicic from Paljike, 16 years old,
were killed by shelling.
All the Muslim actions directed at the ethnic cleansing
of Serbs from Visoko and the Serb settlements in this municipality
were CO-ordinated by Hasim MuSinbegovic and his brother Jusuf,
former JNA officers, from the village ofLijeSevo.
Evidence: 49/95-28.
10057.3.14.0. Hrasnica
7.3.14.1. Muslim troops wearing Green Beret uniforms
and HVO soldiers in black uniforms with Ustashi insignia formed work
units consisting of Serbs in the area of Hrasnica. These units had
blue overcoats and caps. They executed works in the second half of
1992 and later, digging trenches on the first line of combat, during
combat as well. Before being assigned to these units their members
had been arrested and spent time in camps where they were
ruthlessly tortured. They were also incessantly threatened that they
would be killed and told that there was no way they could live
together with the Croats and Muslims.
Twenty-one Serbs were killed and thirteen wounded
while on work duty. Among those killed were Nikolic, Rakic,
Stjepanovic, BariSic, ~ucur , Gvozdic, PapuCic, Bjelica, Micic, and
others.
Evidence: 284195-2.
7.3.15.0. Zivinice
7.3.15.1. The inhabitants of the Serb village of Donji
Tupkovici in the municipality offivinice, fearful that the Muslims from
the neighbouring villages would again commit the kind of crimes they
had cornmitted against the Serbs in World War II, left the village and
fled to safer areas, mostly in the direction of ~ehovici. Only the
elderly and the infirm who did not want or were unable to leave their
homesteads remained in the village. Muslims from the neighbouring
villagesfell upon Donji Tupkovici every now and then and plundered
the abandoned houses seizing everything of value. They maltreated
those who had remained in the village, demanded that they surrender
their arms, threatened to execute them and similar. This state of
affairs lasted until 12 June 1992 when the Muslims raided the village
of Donji Tupkovici, rounded up al1the remaining Serbs and took themto ~ivinice. They placed the women in the former clinic and the men
in the libraryalled ~arenjak near the stadium in ~ivinice. There they
beat and tortured the men and then took them away to Tuzla and
never allowed them to return to the village. The women were not
allowed to return to their homes either.
However, some managed to return to Donji Tupkovici
but were captured there by the Muslims who killed a number of
persons. Among the Muslims who arrested and took the villagers from
Donji Tupkovici to Zivinice was also Omer Casimovic (father: Ibro)
from Tupkovici.
The Serb population of avinice was also subjected to
daily maltreatment at the hands of the Muslims who openly
threatened that they would kill any Serb they found in the street.
Thus, for instance, Diemo Ferizovic from Tupkovici, caught the Serb
Nikola Papovic, an elderly man from the village of KrivaEa, in the
centre of the town and killed him. M.P., 40 years old, was beaten up
in his flat, his flat was demolished, and he was dragged
unconscious out into the street.
The Serbs incarcerated in the ~arenjak library near the
stadium in ~ivinice, whose names are known to the Committee, were
subjected to physical and mental torture.
The Muslims looted al1abandoned Serb villages in the
municipality of Zivinice and burned them to the ground and drove
away al1the cattle.
Evidence: 184195-36.
7.3.16.0. ViSegrad
In ViSegrad, the town which the Nobel prize winner Ivo
Andric masterfully portrayed in his novel "The Bridge on the Drina"
special preparatory measures within the framework of the general
plan for secession from Yugoslavia were undertaken. After the 1990
multi-party elections, pressures on the Serbs in ViSegrad started in
the form of threats and physical assaults. These pressures later
1007escalated into overt persecution with the Muslim authorities
explaining it as individual excesses.
7.3.16.1. Purely genocidal slogans began to appear
about the need to exterminate the Serbs from ViSegrad in pursuit of
the creation of a purely Muslim state of Bosnia-Herzegovina. Alija
Izetbegovic's positions expounded in his"lslamic Declaration" aimed at
the creation of a Muslim state were being put into practice in
Visegrad in an organised fashion.
The Serbs in ViSegrad, and in fact in the whole former
Bosnia-Herzegovina, saw as eminently genocidal the act of the
demolition by Muslims on 1 July 1991 of the monument to the Nobel
prize laureate Ivo Andric on Liberation Square in ViSegrad, including
the way in which it had been done. The monument was demolished
by the brother of the vice-president of the Party of Democratic Action
in ViSegrad in person. The marble head of the Nobel prize winner
was crushed with a sledgehammer and thrown into the Drina and the
Muslims filmed the whole event. Before that a disparaging article
about Ivo Andric had been published in "Voks", a Sarajevo paper,
with a drawing on the front page showing Ivo Andric impaled on a
stake, i.e. a pencil. The allusion was to the motto of his opus, i.e. the
Turks' treatment of recalcitrant Christian infidels, the drastic
punishment for whom in Bosnia .under Turkish rule was implemented
on a stake.
After this incident in response to which no measures
were taken by the local authorities or the authorities in Sarajevo,
Serbs in ViSegrad continued to be persecuted, attacked at their
workplaces, harassed in the street, Serb children were being
intimidated at school and in the street, Serbs were dismissed from
work, and some were killed. Buses coming from Serbia and
Montenegro were attacked amid shouts of "Slaughter the Chetniks
and throw them into the Drina". The Yugoslav flag wouldbe burnt or
fired at from automatic weapons. The Muslims always filmed these
events.
In the meantime, al1Serb policemen were forbidden to
maintain public law and order and in fact fired. In August 1991, Muslims in ViSegrad circulated a
leaflet with 20 instructions as to what should be done to the Serbs in
order to expel or destroy them. Among others, there were instructions
like these: "Forbid your children to socialise and play with them",
"Empty your garbage in front of their doors", " Urinate in their gates",
"Mark their houses and flats", "Write threatening graffiti on their
houses and churches", etc.
The broader public is also acquainted with an incident
that took place on 13 April 1992 when Murat sabanovic, the person
who razed Ivo Andric's monument to the ground, threatened to blow
up the hydro-electric plant in ViSegrad and Alija Izetbegovic, president
of the Party of Democratic Action, sent him the following message on
radio waves: "Don't do it Murat, the time has not come yet". When
several days later the time did corne, he opened the sluice gate on
the dam and the water rushing from the catchment caused extensive
inhuman lives in the downstream
damage to property and took toll
Serb communities.
Evidence: 678195-22 (testimony M.D. Annex 251c of
the Part 1of the Counter-Memorial)
7.3.17.0. Bosanska Posavina
It is quite certain that mass killings of innocent Serb
population on the entire territory of the former Republic of Bosnia and
Herzegovina as well as deportation of the Serb civilian population to
camps set up and intended only for Serbs were not resorted to
without a higher purpose. All this had a far-reaching aim - an aim
that was, at the same time, a form of genocide in itself stipulated in
the Convention on the Prevention and Punishment of the Crime of
Genocide, Article 2, Para c. Preparations directed against the people
of Serb nationality on the entire territory of the former Republic of
Bosnia And Herzegovina commenced even before 1992, but itwas
then that they resorted to the methods of ethnic cleansing regarding
the Serb population and their expulsion from the areas where they
had been living. Ethnic cleansing was instrumental in committing a
genocide directed against the Serb population. The method of ethnic cleansing was used against the
Serb population in the municipal suburbs of BrCko,OraSje, Odiak and
Brod (Bosanski Brod). The policy of spreading fear among the Serbs
was both premeditated and organised. Their fears ranged from deep
anxiety as to whether they would be able to Save their lives, to fears
concerning their future and what it might hold in store for them in
case they opted to remain on their land where they had lived for
centuries. Various crimes were committed by al1 sorts of military
formations. Civilians of Serb nationality were killed just because they
were Serbs, many women were raped for no other reason but
because of their Serb nationality, Serbs were departed to camps on
such a large scale that the entire Serb population of a place was
sometimes dislocated, Serbs were dispossessed of their property or it
was destroyed just because it belonged to Serbs in order to deprive
them of one of the basic conditions that would enable them to remain
and survive on the land of their fathers. Al1 these and some other
activities (destruction of the Serb cultural heritage, places of religious
worship, monuments of cultural and historical interest, graveyards ...)
directly resulting in ethnic cleansing of the Serbs from these areas
and constitute genocide of the Serb people. As a direct consequence
of such activities, several hundred thousand Serbs from the territory
of the former Republic of Bosnia and Herzegovina were forced to
leave their homes, including a comparatively large number of Serbs
from the aforementioned four municipalities.
7.3.18.0. Brod (Bosanski Brod)
As in Breko, OraSje and Odiak, the towns and villages
that used to belonging to the municipality of Brod (Bosanski Brod)
were also among the locations where Serbs were treated in a
manner indicating that the sufferings of Serbs and in particular the
attempts to expel them from their ancestral homes were the result of
long and careful previous planning.
Witness 593194-3 w5ho held an office of responsibility
in the municipal Assembly of Bosanski Brod in 1992 gave a detailed
description of the conditions in which the Serbs had lived on the eve
of the war. He stated: "...Already in 1991, it was obvious that Croats were
making preparations to capture Bosanski Brod. This was especially
evident in Slavonski Brod where HVO, HOS and the Green Beret
units were formed. They began to threaten the Serb population living
in the region. Frequently, they threatened to kill, slaughter and expel
al1 of them from the area, claiming that Serbs had nothing to hope
for in Croatia. For a time, Serbs were forbidden to cross over from
Bosanski to Slavonski Brod and the following slogan was put up in
many public places:
"Serbs and dogs, keep out!"
Undercover Croat agents were sent over to the region
of Bosanski Brod to harass and threaten the Serb population. On
March 3, 1992, having seen the Croat military preparations in the
region of Bosanski Brod, a Serb official in the municipal Assembly of
Bosanski Brod convened a meeting attended by, among others,
representatives of the then government of Bosnia and Herzegovina,
including Ejup Ganic, Dr Nikola Koljevic, Jerko Doko, Avdo Hebib,
Petko Can~ar, Minister of the lnterior Mustafa Delimustafic and
general Kukanjac, and they ail eventually agreed to take measures to
calm the situation.
That very day, however, immediately after the meeting,
the Serb official suffered multiple gunshot wounds while he was in his
car. He was shot twice in the left leg below the knee and once in his
right knee. The attackers belonged to HOS from Slavonski Brod.
Later that night, Slavonski Brod was raided and
captured by HVO troops from Croatia.
Evidence: 593194-35,162196-4
7.3.18.1. Following are a fewexamples of the attempts
to implement the policy of ethnic cleansing of Serbs in the region of
Brod.
On 26 March, 1992, strong Muslim and Croat forces
surrounded one part of the village of Sijekovac near Brod in which
Serbs were the minority population and, as described previously, killed
a number of Serb males including: JOVO ZECEVIC and his three
1011sons MILAN ZECEVI~, VASA ZECEVI~ and PETAR ZECEVIC, they
also killed LUKA MILOSEVI~ and his sons ZELJKO MILOSEVIC and
DRAGAN MILOSEVI~, as well as SVETA TRIFUNOVI~ and MARKO
RADOVANOVIC.
In addition to murdering innocent civilians,the
attackers torched a number of Serb homes at the occasion, including
even those belonging to the Serbs killed in their homes on 22 March,
1992, as already described.
The house of Milan ZeEevic, who was murdered in the
raid, was a two-storey building with a basement built on a 10 by 10
metre foundation. It was first plundered, then blown up and set on
fire. Two cars, aMercedes 240D and a Zastava 750, were stolen as
well as one Uzurs tractor. The tractor was later found in bad repair in
front of theouse of Nijaz Cau~evic, nicknamed Medo. The late Milan
ZeEevic left behind a wife and two minor children. The value of the
property destroyed in the raid was estimated at DM 700 000 or 800
000.
Evidence: 584194-4 (svedoeenje J.Z.1testimony J.Z.,
Annex No. C 38, pp. c390-~3931~394-c397)
The value of the immovable property of murdered Luka
MiloSeviCwhich was either destroyed or confiscated was estimated at
around DM 300 000. His house, built on a 9 by 7 metre foundation,
was burned, as well as a single-storey outhouse in the backyard, a
shed, a garage, a pigsty and his motor car. Among the perpetrators
of the crime was also ZemirKovaCevicfrom Sijekovac.
Evidence: 584194-2
lmmediately after the incident of March 26, 1992, in
which the following Serb civilians were killed in the village of
Sijekovac near Brod - JOVO ZECEVIC, his three sons MILAN
ZECEVI~, VASA ZECEVI~ and PETAR ZECEVIC; LUKA MILOSEVI~
and his sons ~ELJKO MILOSEVI~ and DRAGAN MILOSEVIC, as
well as SVETA TRIFUNOVI~ and MARKO RADOVANOVI~ - the
houses of the Trifunovic, Vasic and KuSljic families were also burned
down the same night along with the houses of the families of ZeCevic
and MiloSevic.
1012 Evidence: 584194-1 (svedoeenje Lj.S.1testimony Lj.S.,
Annex No. C 96, pp. c987-~9901~991-c994)
The perpetrators of the crime were: NlJAZ CAUSEVIC,
nicknamed MEDO, ZEMIR KOVACEVIC from Sijekovac and other as
yet unidentified perçons.
Evidence: 584194-1 (svedoeenje Lj.S./testimony Lj.S.,
Annex No. C 96, pp. c987-~9901~991-c994),584194-2 (svedoeenje
M.M.4ltestimony M.M.4, Annex No. C 68, pp. c699-~7011~702-c705),
584194-3 (svedoeenje M.Z.1testimonyM.Z., Annex No. C 37, pp. c384-
~3861~387-~389),584194-4.
7.3.19.0. Odiak
According to the evidence collected, ethnic cleansing of
the Serbs from the municipality of Odiak, which started on May 8,
1992, was implemented not only by using to the previously mentioned
methods, but also by raping women, civilians of Serb nationality, with
the aim of forcing them to leave their homes with their families.
A body of material (documentary) evidence has been
collected to corroborate the above assertion about treatment of the
Serb population in the municipality of Odiak, but it will be dealt with
later.
On May 8, 1992, the Serb population was found itself
imprisoned in camps in a move that must have been planned and
prepared much earlier. It should however be noted that these Serbs
were unscrupulously deceived on this occasion, since they had
previously clinched an arrangement with the Croat authorities
according to which the Serb population of Odiak, Trnjak, Struk, Donja
Dubica, Novi Grad and Gornji Svilaj was to be transferred to the free
territory.
lnstead of to the freeterritory, the Serb population was
taken to the camps which had already been set up for them - one inthe gym of the elementary school in Odiak and another on the
premises of the Strolit enterprise in Odiak.
According to the lists made up by the Croat Council of
Defence in Odiak, the camps in Odiak housed 618 persons of Serb
nationality.
The document in question bears the title The List of
Detainees in the Camp (school).
It is obvious that the use of such an inappropriate
term in the title had the purpose of misleading the public into
believing that the camp was primarily intended for "detainees" and
deliberately muddles up the question of who was actually held in the
camp, for what reason and on what grounds.
The term was apparently chosen to cover up the fact
that it was, in fact, a camp intended solely for Serbs.
This document requires further elaboration,as regards
itsname and its content.
The list is includes exclusivelySerbs, which is evident
at first glance by only skimming through the names and surnames of
the "detainees".
Furthermore, al1 618 Serbs were brought to the camp
on the same day - May 8, 1992, although no legal grounds are to be
found that would necessitate the apprehension of a single person, let
alone of as many as 618 of them.
Even a perfunctory analysis would quickly yield some
self-evident results: 105 of the 618 Serbs from the list were over 60
years of age, or, to be even more precise, 67 of those were between
the ages of 60 and 70, 29 were between 70 and 80 and 9 of them
were even older than 80. The youngest male Serb in the camp was
17 years of age (listed as N~O), while the oldest was 85 (~"00).
The taking of almost entire Serb population from the
region of the municipality of Odiak to the camp and everything that
followed there, including torture of Serbs, coupled with the fact that
1O14their property was destroyed on a large-scale, their homes torched,
their possessions seized and the women raped (as already
mentioned) gives clear indication that it had al1 been calculated
beforehand so that Serbs would no longer live in this area.
There are a few more pieces of documentary evidence
that may shed more light on the heart of the matter - why were
Serbs treated insuch a manner?
The content of the Document ~"1194-1, document 1,
shows that the conclusions of the crisis-management committee of the
municipality ofOdiak ~"07192 of May 12, 1992, revealed that the
139th Brigade was the one that torched the Serb village of Donja
Dubica and plundered the farms in the Serb villages of Novi Grad
and Donja Dubica. The conclusions also indicate that members of the
139th Brigade acted on their own initiative and without the knowledge
of the civilian and military authorities in Odiak when they selected
civilians of Serb nationality in the camp and took them to an
unidentified direction where they liquidatedm.
Moreover, in the report submitted by the Odiak
Municipal Office of the Ministry of Interna1Affairs of the Republic of
Bosnia and Herzegovina (Document ~'191194-1, document 2) "on the
residential and other buildings burned to the ground in Donja Dubica
and Novi Grad" it is stated that an authorised expert team composed
of officers from the Public Security Stationand a representative of the
crisis-management committee inspected the location on May 11, 1992,
(which means, only three days afier the mass taking of Serbs to the
camp) and that they established the following:
-that there was a number of family homes (many of
which had more than one floor) that had been burned to the ground.
In Donja Dubica, the houses belonged to: Milivoje Goranovic, llija
Borojevic, Jevta KovaEevic, Rajko Radulovic, Marko Dragic, Mihailo
StaniSic, Andrija Dragic, Radomir Dragic, Svetozar Boiic, Trifa Dragic,
Rajko Dragic, Mica Dervenic, Milan Milojevic, Mirko Borojevic, Ana
Jovanovic, Laza Goranovic, zivko ~eEavac, Mara Djuric, Bogdan
Djuric, Rade Djuric, Mirko MiloSevic, "Cinca" Milojevic, Rajko Djuric
nicknamed Truman, Mihailo Djuric, Sreta Ninic and Joca MiloSevic.
School buildings were also burned as well as the clapboard homes
of: Sreta Goranovic, Nikola Goranovic, Joca Lugonjic, Rajko Lugonjic,
1O15Gavra Milojevic and Vid Borojevic. In Novi Grad, a family home with
number 254 on it was also burned down.
It can be seen at first glance that many Serbs who
were taken to the camp on May 8, 1992, also had their homes
burned down. Once the connection between these two occurrences is
established, it does not take much speculation to understand the
objective of the imprisonment of these Serbs and the simultaneous
destruction of their homes.
Numerous witnesses, Serbs from the municipality of
Odiak, testified that al1 their possessions of any significant value
(passenger cars, tractors and valuables of al1 sorts) were confiscated
on May 8, 1992, when they were ostensibly escorted to the "free
territory", that is,' to the camp where they were taken without any
personal belongings (This is, for example, stated in the testimonies of
the witnesses: 280195-1, 280195-3, 280195-5, 280195-9, 280195-65,
280195-88, 280195-89).
These are only a few of the many examples showing
that Serbs were robbed of their property on a truly large scale.
In addition, the following places of worship were also
destroyed: St. Peter and Paul's Serb Orthodox church in Novi Grad
and the Serb Orthodox church of Virgin Mary in Donja Dubica.
Evidence: 593194-33, 55195-1, 55195-2,55195-4, 55195-
1, 55195-7 (svedoçenje ~.C./testimony v.c., Annex No. C 119, pp.
CI204-12081~1209-cl213), 55195-8, 55195-9, 55/95-10, 55195-11,
55/95-12, 55/95-13, 55/95-14 (svedoeenje P.D./testimony P.D., Annex
NO. C 26, pp. ~255-~2581~259-~262),55195-15, 55195-6 1, 55195-17,
55/95-18, 55/95-22, 55/95-23, 55195-28, 55/95-29, 55195-43, 424195-2,
424195-20, 424195-23, 55195-25, 55/95-26, 55195-29,55195-34,55195-
35, 55/95-36, 55195-37,55195-39,55195-40,55195-42,55195-42,55195-
43, 55195-45, 191194-14, 191194-15, 1911946 -.
7.3.19.1. Some specific events will be described here,
which will complement the facts stated so far and indicate even more
clearly that various activities, evidently aimed at ethnic cleansing of
Serbs as part of genocidal activities against the Serb population, were
undoubtedly undertaken by the local authorities in the municipality of
101 6Odiak. Such an inference has been drawn from concrete actions
designed to intimidate Serbs and create an air of hostility in which
Serbs would feel that there was no place for them in this area any
more. The achievement of this objective also relied upon rapes of
Serb women at the time when Serb men were largely incarcerated in
camps. A few more examples of the destruction of Serb property in
the region will be presented below.
7.3.19.1.1. The village of Novi Grad was inhabited
exclusively by Serbs while al1 the other villages around it were
Croats. lmmediately before the war, the people from the Croat
villages started arming themselves and formed military units bearing
HVO (the Croat Defence Council) insignia. In the first half of 1992,
the units thus formed and the armed Croat civiliansstarted
threatening their Serb neighbours saying that al1 Serbs would be
either killed or expelled from their homes and that there was no way
they could go on living with Croats and people of other nationalities.
They got down to digging trenches on the edges of their villages and
blocked al1 exits from the village of Novi Grad, so that the Serb
villagers could no longer get out. More and more threats were issued
by the day until on May 8, 1992, the Croat army ordered al1 Serbs
from the nearby villages who happened to be in Novi Grad at the
time to leave the village and proceedin the direction of Odiak.
The ruse that followed was already described earlier in
the text and, instead of arriving in the free territory, the Serbs were
deceived and found themselves in the camps in Odiak afier being
stripped ofal1their possessions.
Evidence: 424195-1
7.3.19.1.2. The suffering of the Serbs in the village of
Gornji Svilaj was no coincidence. Members of the Croat Democratic
Union undertook various actions with ethnic cleansing of Serbs in
mind. One of the ringleaders of such activities in Gornji Svilaj was
Luka Juric, also known as Babaivke, who was known for strutting
through the village in his army uniform bearing Ustashi insignia even
before the armed conflict flared up. He also organised procurement
and transport of arms for the Ustashi paramilitary units. On countless
occasions he fired his guns in the streets of the village trying to
intimidate and provoke his Serb neighbours.
1017 Evidence: 191194-17
7.3.19.1.3. In June 1992, in the village of Vrbovaëki
Lipik - Odiak, M.T. (b. 1935) and his wife N.T. (b. 1941) suffered
immensely for no other reason but for being Serbs.
On June 3, 1992, a group of armed men in
camouflage uniforms (Ivica Mutavdiic from the village of Donji Svilaj,
llija Juric, also known as Bekrija, and others) entered their yard and
set fire to their stable. They first ordered M.T. to set his cattle loose
and drive it out of the stable. Afîer they ordered him and his wife to
sit on a haystack, lvica Mutavdiic ripped off the woman's knickers
and, one after the other, they al1took turns setting matches to the
hay. The fire spread quickly, so, at one point they allowed the couple
to get down from the haystack. After that, they left but soon returned
the same day and lvica Mutavdiic and some other HOS soldiers
raped N.T. forcing her also to various sexual perversions.
After they burned down the couple's stable, lvica
Mutavdiic and a group of Croat soldiers came again at their door.
This time they beat the couple up with a metal pipe (it was about 30
cm long with a diameter of about 1cm and had a metal handle
attached to itat one end). They were bashed al1over their bodies so
they were covered with blood and bruises. They were particularly
violently beaten in the region of the kidneys and backside.
Evidence: 593194-24,280195-89,593194-28and 280195-
65.
7.3.19.1.4. An incident that took place on July 3, 1992,
in the village of Novi Grad - Odiak clearly testifies to the fact that
the Serbs in Bosanska Posavina were indeed intimidated by ail kinds
of crimes committed against them and were thus compelled to flee
their homes unless, of course, they were first taken to camps or
liquidated. On that day, members of a group called Vatreni Konji
(Fiery Horses), which was attached to the 102nd Odiak Brigade and
commanded by MARJAN BR NI^, drew two minor girls P. and L. from
the house of M.V. and later raped them. Then they drove the
remaining Serbs - some 15 of them, al1 women and children - intothe house, locked them up and set fire to the house so that the
women and children had to jump through the windows for their lives.
Evidence: 280195-43,280195-68, 280195-69.
7.3.19.1.5. B.T., a Serb from the village of Novi Grad,
(whose son was killed during forced labour, i.e. digging trenches on
the front line) had hisouse burned and al1of his property plundered.
The two-storey house with a 10 by 10 metre base was newly-built,
had attic rooms, was fully furnished and was worth around DM 500
000.
Evidence: 593194-15
7.3.19.1.6. Croatsoldiers burned the house of M.N., a
Serb wornan from the village of Novi Grad. They also plundered her
property and seized a brand new Mercedes passenger car. The
overalldamage she suffered amownted to around DM 500 000.
Evidence: 593194-17
7.3.19.1.7. The property of another Serb woman B.Z.
was greatly damaged. Her home in Gornji Svilaj was plundered and
riddled with machine-gun bullets. She stated that, to her knowledge,
the greatest lootersof al1 were Stjepo Brnic and his sons llija and
Zvonko.
Evidence: 191194-26
7.3.19.1.8. S.N., a Serb woman born in Novi Grad in
1955, whom Croat soldiers attempted to rape in a van in Posavska
Mahala in early June 1992, saw Pavo Sicié get out of the van which
stopped in the hamlet of Brezik and burn down the houses of VID
DJEKI~, ZORKA SISLJAGI~, SVETOZAR PA NI^, VASA PA NI^ and
the house of his mother.
Evidence: 424195-32
7.3.19.1.9. S.M. and D.P., both Serbs frorn Gornji
Svilaj, weretaken out of the camp in Odiak to help Croat soldiers
loot Serb estates in Gornji Svilaj. They were ordered to break the
1019lock on the door of every Serb house and let the Croat troops in,
ostensibly to search for hidden weapons. The troops took the
opportunitytr, steal al1valuables, gold, cash etc.
Evidence: 55195-19, 55195-25
7.3.19.2. Statements submitted by many witnesses,
particularly women from theregion of Odiak, leave no room for doubî
that the planned, systematic persecution, abuse and rapeof Serb
girls and women was instrumental in the ethnic cleansing of Serbs
and, together with looting of their property, was, ultimately, part of
the genocidal treatment of the Serb population by the local
authorities. This was followed by the torching and blowi.up of Serb
homes, which has already been described before and will also
discussed later on in this paper. Their testimonies are moving and al1
alike as are their suffering and experience.
Among other things, their testimonies and many other
pieces of evidence already submitted and verified show that the
Serbs from Novi Grad and many other places in the region of Odiak
were ordered to leave their homes under the pretence that they
would be escorted and allowed to cross over the free territory near
Bosanski Samac. But when they reached Odiak, Serb males were
separated from their wives and children and taken to camps while
women and children were put up in private homes in Odiak and
ordered not to leave them without the permission of the authorities.
Following are several cases of torture and rape of
Serb women only because they were of Serb nationality. The purpose
of these crimes was the realisation of the said objectives of the
perpetrators and of their superiors.
7.3.19.2.1. On the night 516June and 1992, members
of the Vatreni Konji group attached to the 102nd Odiak Brigade,
including MARJAN BRNIC, JOZO BARUKCIC, ILlJA GLAVAS, PAJO
GLAVAS, ILlJA JURI~ a.k.a. BEKRIJA, MATAN TIPURA from
PotoEanski Lipik and many others, al1 dressed in camouflage
uniforms, broke into the house of Drago Ninkovic in Novi Grad -
Odiak. They drove everyone out into the yard and verbally and
physically abused witness 593194-21 (280195-41 ) (b. 1955). They
separated her from her two children and beat her up with rifle butts.
1020After Jozo Barukëic took DM 1 400 from her, they pushed her into a
car and drove her to a house in Novi Grad. There they made her cal1
the residents to come out of the house and when they had done so,
they stormed the building shooting from their guns. Once inside, they
started beating the residents and dragged three women outside - M.
(b. 1963), mother of three minor and sister of witness 593194-21
(280195-41),N. (b. 1950) and S. (b. 1969). Then they drove them to
Posavska Mahala where they took them to three separate buildings,
raped them and forced them to various sexual perversions. Early in
the morning, they released them, made them strip naked and run
back to Novi Grad.
M.DZ. (593194-23),a Serb woman who was one of the
rape victims, was astonished at the reaction of the medical staff in
the hospital in Odiak where she sought help after reporting the
incident to the Red Cross office.
A lady doctor she knew only by the name of Dr ~iia
told her that she would not treat her because she was a Serb.
Evidence: 593194-21,280195-41,593194-23, 593194-17,
280195-57,593194-1 8,280195-42.
7.3.19.2.2. In late May 1992, Marjan Brnic, PavoGlava3
and four other unidentified personscame at about 1 a.m. in a van with
the inscription "Vatreni konj" on it, to theuse of L.S. in PotoCanski
Lipik. They kicked the entrance door in and, in order to frighten the
inhabitants, started shooting from their firearms, cursing and insulting
them. Then, out of a group of women, they singled out witness 280195-
43, from PotoEanski Lipik, born in 1957, pushed her into the van and
drove to Posavska Mahala. They took her into the house of Jozo
Barbara, where al1 six of them raped her, threatening her with their
firearms and knives. During the rape they tortured her mentally,
threatening to slaughter her.
The victim -the Serb woman, quoted their threats as
follows:
"...THEY TOLD ME THAT WE, THE SERB WOMEN,
HAD TO GlVE BIRTH TO USTASHI CHILDREN ..."
Evidence: 280f95-43.4.3.19.2.3. On July 3, 1992, around 11 p.m. in Novi Grad, Marjan
Brnic, Mato Brnic, Marko Kaurinovic, a.k.a "Patak", llija Juric, a.k.a
"Bekrija", Jozo Barukëic, and other so far unidentified members of the
"Vatreni konji" group of the102nd Odiak Brigade, came to the house
of V., a Serb. They threw out girls, women and children, who had
gathered in the house seeking safety. They shotfrom fire arms, forcibly
separated the 15 year old witness 593194-20 (280195-49),a minor, and
took her towards Posavska Mahala. At one point, they took herout of
the car and into a two-storey house, to a dark room in the basement.
Occasionally, they turnedon torchlights to find their way around. Five
or six of them beat her with their fists and riflets, and forced her to
strip naked. She was first raped by Mato Brnic who performed
defloration of witness 593194-20.hen she was raped by Marjan Brnic.
The others did not rape her only because, in the meantime, a member
of HVO military police, a friend of her father's, intervened at her
mother's request.
Evidence: 593194-20,280195-49,280195-43.
4.3.19.2.4. On July 12, 1992, members of the "Vatreni
konji" group - Marko Kaurinovic, a.k.a. "Patak", a person called
"~utura", whose real name is probably Matija Maric, son of Ante and
Staiija, born on May 7, 1962 in Novo Selo, and several other persons,
came in two passenger vehicles toa house in the centre of Novi Grad
in which girls from the village had sought shelter. They singled out the
already mentioned witness 593194-20 and 280195-49, who was the
victim in the above mentioned incident of July 3, 1992, then T. from
Gornji Brezik and a girl whose surname started with M. They took them
to a house in Novo Selo. After M. had an epileptic attack ("foam came
out of her mouth"), Kaurinovic returned her, while "~utura" and Marko
Kaurinovic brutally raped witness593194-20,(280/95-49)
Evidence: 593194-20,280195-49.
7.3.20.0. OraSje
In the area of the municipality of OraSje similar actions
were undertaken to prevent Serbs from going on with their life in their
ancestral homes. The arrests of civilians, which started in OraSje in
early May 1992, continued until June 11, 1992, when practically al1
1022the Serbs from OraSje "found refuge" in the camp in OraSje, set up
in the Secondary Education Centre. Thevillage of Bukova Greda was
raided, among others, on May 9. 1992. The arrested Serbs were
taken to camps in Donja Mahala, the camp set up in the shed of
Mijo Filipovica.k.a. "DeljkoviC"and to the camp located in the primary
school in Donja Mahala. There were between 350 and 400 Serbs in
the camps in OraSje and Donja Mahala.
7.3.20.1. Before the attacks on Serbs on the territory
of the municipality of OraSje were to begin, the chauvinistic euphoria
was unbearable, the public address system blared at various
gatherings, al1 sorts of propaganda material was employed - leaflets,
graffiti, T-shirts with chequered flags and Ustashi insignia on them,
the Serbs dismissed from jobs. All this instilled fear in the Serbs, for
the threats were often like this: "There is no place for Serbs here -
not a single Serb ear will remain in Posavina, from Derventa to BrEko
and deep into Mt. Majevica."
Evidence: 267194-1 3. 396195-2
7.3.20.2. When C.J. from Bukova Greda ended up in
the camp in the Secondary Education Centre in OraSje, a person
from the camp management interrogated him. At one point, he hit him
in the stomach and said: "If you are guilty of nothing, then are you a
Serb?" When C.J. replied that he was, he told him: "See, that is
enough for me to kill you. We shall kill some of you, expel others..."
Needless to Say, this threat by the camp guard is
something that Serbs had already heard before, both in that area and
in some other areas on the territory of the former Yugoslavia, except
that the earlier "design" had been for a third of the Serbs to be
killed, a third displaced, and a third converted to Catholicism.
Evidence: 267194-8
7.3.20.3. On the territory of OraSje, as well as in other
parts of Bosanska Posavina, property was seized from the Serbs on
a massive scale but also destroyed. Numerous testimonies of
witnesses testify to that. 7.3.20.3.1. On May 9, 1992, when al1 the men from
Bukova Greda were taken to the camp and the Serb women
remained in the village, a large groupof armed Croat soldiers entered
S.A.'s yard, and his large house and tore the place apart, including
al1 window panes. They returned several times later on, and kept
plundering property.
Evidence: 267194-1
7.3.20.3.2. S.K., a Serb woman who used to live in
OraSje, went to Bukova Greda after May 9, 1992, because she had
heard that ail Serb men had been taken to the camp. Everything was
deserted when she came - the houses had been demolished,
property had been taken away, window panes had been shattered,
there was "horror and misery everywhere". Everything from her father-
in-law'shouse had been taken away or broken, the houses of their
neighbours had also been plundered.
Evidence 267194-15
7.3.20.3.3. Serb B.J., who used to live in Bukova
Greda together with his nephew B.T. had 13 hectares of land, two
houses and ail other farm objects, al1the necessary farming machines
and the total value of his damaged property is around one million
German marks. According to available information, Muslims from
ModriCaand Odiak now live in the village and on his property.
Evidence: 679195-23
7.3.20.3.4. By the end of April 1992, Serb C.M. left
Bukova Greda along with his family, just as a certain number of Serb
families did, because the Croat Army was expected to carry out their
threats against Serbs. He left for Obudovac and the value of his
property which remained in Bukova Greda (his house, including
outbuildings, 1.5 hectares of land andl1farming machines) amounted
to DM 400 000.
Evidence: 679195-24
7.3.20.3.5. After the Croat army occupied the village
on May 9, 1992, the family of Serb B.P. from Bukova Greda suffered
1024damage due to the loss of their home, the outbuildings, livestock,
farming machines and 6.5 hectares of farming land, al1worth around
DM 600 000.
Evidence: 679195-27
7.3.20.3.6. The fact that the ethnic cleansing of Serbs
from this area had been prepared much earlier and carried out
causing great suffering of Serb people, that the banishment of the
Serbs was greatly influenced by the situation created before the direct
attack on Serbs and that the Serbs from this area, apart from the
fact that many had lost their lives, remained without their property,
some of it of great value, can be established also from the
testimonies of numerous other witnesses.
Evidence: 679195-31, 679195-32,679195-35
7.3.21.O. Goraide
7.3.21.1. Early in September 1992, members of Muslim
armed formations set fire to the Church of St.George, known as
Donja Sopotnica, in KopaCi,the municipality of Goraide. This is an a
particularly valuable cultural and historic monument of the Serb people
dating back to the 15th century (the church was built in 1446 by
Herceg IDukeI Stjepan).The first Serb printing press for ecclesiastical
books written in the Cyrillic script was in this church from 1529 to
1531. The parish house adjacent to the church was also destroyed as
well as al1articles and furniture.
The church was first plundered and then set on fire.
The Serb Orthodox cemetery behind the church was
also vandalised. 108 tombstones were demolished, tombs were
destroyed, graves and tombs were opened and even coffins with
mortal remains in them.
The perpetrators are: lsmet Kulovic, aka "NjemaCka"
from Goraide; Meho Drljevic from KopaEi, resident of Goraide. 7.3.21.2. In December 1992, in the village of Jabuka,
the municipality of Goraide, members of Muslim armed formations
damaged the monument erected in memory of Serb fighters fallen in
the First World War. The monument was partly damaged and the
plaque with the names of the fallen fighters was broken.
At the same time 10 tombstones were demolished on
the Serb Orthodox cemetery.
The perpetrators are: Amer Kamenica; MeSa Rediovic;
Jasko Islamovic; Sead Pozder, al1from Goraide and ail members of
Muslim armed formations.
7.3.22.0. Cazin
7.3.22.1. After the referendum for the independence of
Bosnia-Herzegovina on 29 February 1992, Serbs in the village of
Liskovac near Cazin came under increasing pressure. There were 5
Serb teachers employed at the school and the school principal,
Mujanovic, told them that they should be banished across the Drina
river.
At the beginning of May Serbs were forbidden by
written order to leave the village and at the end of May al1 Serb
teachers at the school were given notice with the explanation that
they were not fit to educate Muslim children, that they were Chetnik
supporters and approved the genocide of the Muslim people.
All the 6 Serb teachers went to the president of the
municipality of Cazin to complain and after they returned to their
homes. Muslims attacked them throwing stones and shooting from
firearms at their flats between midnight and 2 a.m. They lodged a
complaint with the Territorial Defence Headquarters and when the
police came to investigate they accused the witness of possessing a
radio transmitter.A Muslim offered them refuge in his flat, but was
therefore attacked by other Muslims who accused him of hiding
Chetniks. They applied to be exchanged and the request was
accepted so that in July 1992 they left for Bihac.
lnstead of being exchanged, they were taken from
Bihac to Kamenica and placed in a building. There they were given
some foul-tasting food and gave some of it to a dog which afterwards
started shedding. The witness also started losing hair and L. who
had also taken part of the food became completely bald.
Following an intervention of the Red Cross the witness
was finally exchanged on 10 November 1992.
The perpetrators: Safir Mujanovic, principal of the
elementary school in Liskovac near Cazin, and others.
Evidence: 339194-17 and 18.
7.3.23.0. Gornji Vakuf
7.3.23.1. The witness and his family were the only
Serbs in the Croat and Muslim populated village of Bistrica near
Gornji Vakuf.
In September 1992, their Croat and Muslimneighbours
started provoking and insulting them. They even threatened to kill
them and pressured them to leave the village. That was regardless of
the fact that the witness was a respectable game warden in the
Koprivica hunting site.
Uniformed and armed Muslims and Croats broke into
his house and take away the valuables - hunting trophies, arms and
furniture. That made the witness leave his house and stay with his
friends secretly. But, when Muslims discovered that, they tried to rape
his daughter. This is why he fled to the Serb territory in 1993, leaving
behind his entire property in Bistrica. His house was burnt and
property plundered.
Perpetrators: Members of the Abazovic family from
Bistrica: Hasim, Mustafa, Smajo and Muradif; Ivo Medjedovic, Lojzo
1027Mabic, Luka Trabara, Goran GiSic, the commander of Muslim unit in
Gornji Vakuf.
Evidence: 333195-24
7.3.24.0 Kozarska Dubica (Bosanska Dubica)
On September 18, 1995, around noon, the Croat
soldiers from the "Black Mambas" unit, togetherwith soldiers from the
Second Brigade of the Croat Army Guards "Thunders" launched a
fierce attack, and, using artillery fire on Kozarska Dubica (formerly
Bosanska Dubica), crossed the Una river and into the Republic of
Srpska. Several dozens of civilian Serbs were killed and another
several dozen wounded. Apart from that, they ruthlessly destroyed the
town of Kozarska Dubica and its surroundings, while Serb property
was extensively damaged or destroyed.
Such conduct of the Croat Army, certainly in complete
agreement with the Croat authorities and authorities of Bosnia and
Herzegovina was undoubtedly aimed at the ethnic cleansing of the
Serbs from the area. The aim was to kill Serbs, and, if they stayed
alive, to destroy their movable and immovable propertyand thus drive
them away from their ancestral homes.
There is ample evidence related to such conduct by
the Croat Army, and, according to the estimate made by the
Kozarska Dubica Basic Court investigative team, around 4000 artillery
shells fell on the city.
The following buildings and establishments were
damaged or destroyed:
In Svetosavska Street - residence house No. 7
(considerably damaged by 10 shells); house No. 1 where there was a
chemist's shop; the house in which there were a library and the
radio-station (broken window-panes, damaged facade and roof); house
No. 36 (damaged offices); house No. 31 where there was a BEKO
clothing shop (damaged offices); the house of the kindergarten
(broken window-panes)
1028 In Vojvode Putnika Street - ground floor house owner
unidentified; Vasa Karan's house: Dragoljub ToSic's house; Milan
Petkovic's house and shop.
In Vidovdanska Street - ground floor house at No.6
was hit.
In Kneza Mihajla Street - ground floor houses at Nos.
20 and 22 were hit.
In Djurdjevdanska Street - ground floor house at No. 8
was hit.
In Kosovskih junaka Street - farnily house at No. 7
was hit.
In UgljeSe Milanovica Street - the Nikolic farnily house
was hit.
In Veselina MasleSe Street - house No 15. owned by
Ljuban Trubarac (burned down cornpletely).
NIKOLA PASIC SQUARE - Mirko Mijalkovic's house
significantly darnaged.
In Kneiopoljska Street - private houses hit.
In Unska Street - Husein Becirevic's private house (the
roof cornpletely shattered, while the inside of the house is gravely
darnaged or destroyed) and Milan Stojnic's house.
In Milana Tepica Street - purnping station and No. 29
house.
In Cara Lazara Street -Avdija Palic's house
In UroSa Predica Street - the houses of lsrnet Palic,
Steva Skrobic, Perica Bundalo, Milorad Kondic, Milutin Novakovic and
Dragornir DragaS. In Brace RadiCevica Street - the houses of Damjan
Borojevic, Mirko Katic and Dragan Basic.
In Majora Gavrilovica Street - the houses of Pera
SaSljar, Ljuban Toroman and Dragan Icitovic.
In Branka RadiCevica Street - the houses of Dragan
cupic, Milorad eolic and Milinko Trivic.
In Skendera Kulenovica Street - the houses of Mica
Petrovic and Gojko Roiic.
In Vlatka Vukovica Street -the houses of Sima Pekic
and Dievad Rahmanovic.
In Bratskih komuna Street - the houses of Mila
Mandic, Benzad TravanSic, Sadbin Metic, Nedeljko Babic, iivko
Gubic, Mirko Djenadic and two houses of unidentified owners.
In Miroslava Antica Street - the houses of Slavko
Latinovic, Vasa Pejic and Milinko Marin.
In Kninska Street -Borislav Pekic's house.
In DAVIDOV TRG Street - the Custic house.
In Dositeja Obradovica Street - the houses of Ljubica
KasabaSic, Slobodan Gojic and Vinka Hodiic; DuSan Kotarac's cafe,
business premises of the buying station.
In MeSe Selimovica Street - the houses of Borko Kotur
and Ivan Kodak.
In Ustanieka Street - the houses of Mara Kotarac,
Darko MiSi and Marinko Hrnjak.
In DuSana silnog Street - Pepa Farago's house
In Cvijiceva Street - the houses of Stanko Babic, llija
Bjevic and lrfan Brkic. THE MEDICAL CENTRE - the part of the building
which housed the child care clinic and the gynaecology clinic
(damaged roof and facade, broken window panes).
The BASIC COURT building - five artillery shells hit
the roof, while three shells hit theide of the building housing the
office of court's records, the criminal courtroom and the court
administrative office. Theroof construction of the building was
completely destroyed. The archives, the land registers and the office
of the land registers were destroyed in the process, rendering the
court inoperable.
The TOWN HALL building - hit by three shells, one
shot through the outer wall, gravely damaging the telephone
exchange which is now inoperable.
THE VUK KARADZI~ PRIMARY SCHOOL, several
shells fell into the schoolyard, breaking the window panes and
damaging the facade.
THE "SVETI SAVA" PRIMARY SCHOOL.
THE "NIKOLA TESLA" education centre.
THE "SIPAD" furniture factory.
THE KNEZOPOLJKA factory - the 20 metre long roof
completely destroyed.
THE FARMING MACHINES FACTORY - the
production plant damaged.
THE SPORTS HALL -hit and damaged.
THE GREEN MARKET - 8 shells fell and damaged
several market structures.
THE ARSENIC GASOLINE PUMP.
THE PRIVATE HOUSES of Dragan RuCanov, Milorad
Spanovic, Milan Cibic, Milo5 Nikoletic and Milorad Draganic.
1031 The PUHALO settlement- 6 residence houses hit and
damaged.
the village of SPILJA - the houses of: ilo or ad
Nikoletic, Ranko Grbic, Ranko Burazer, MarinkoBurazer, Milan Zakic,
Milorad Bakic, Jefta Vukovic, Milan Dragicevic, Milo3 ~ekerc, llija
Semunovic, Radenko Spanovic and BoSko Bijelic were hit,
the village of GRADINA - the houses of Djura Ninic,
Marko Rokic, Branko Vukic, Drena MiloSevic, Milan Pjevic, Stojan
Pjevic, MileBatara, Vasa GaCic, DuSanka Vukic, Bogdan Vukic, Kosa
Korica, Momir ~~anovic, Dragoje Korica and Dragan Korica; the
Draksenic shop were darnaged or destroyed.
the village of MEDJEDJA - the houses of Mirko
Kosovic, Milan Vidovic, Nenad Djekic, Slobodan LonCar and Milan
~kondric; the Lipov Greda farm.
the village of DEMIROVAC - the houses of Rade
Babic, Mirko RaSic and Dragan Sladojevic.
the village of MEDJUVODJE - Radoslav Latinovic's
house.
the village of KNEZICE - Milan Dragojlovic's and
NebojSa Novakovic's houses; the house of the cooperative farm,
"Majka Kneiopoljka" primary school; the "Kneiopoljka" factory.
DESTROYED PASSENGER VEHICLES - "Jugo 55",
registration plates number PD 771-58; the "Zastava 101" PD 101-83;
the "Renault 25" owned by the "Mehanika" Company; the
"Volkswagen" PD 771-39; the "Zastava 101" PD 785-86; the "Zastava
101" PD 101-83; the "Zastava 101" PD 100-33; the "Lada" PD 728-
48; the "Jugo" PD 429-58; the "Jugo-koral" PD 756-56 (burned
down); the "Audi 80 without registration plates (burned down); the
"Moskvitch" PD 448-07 (burned down), the "Moskvitch" PD 441-30
(burned down)
Evidence: 725196-7, 725196-9, 725196-46, 727196-5,
727196-7, 727196-10,727196-11, 727196-12, 727196-14, 727196-15,
1032727196-16, 727196-17, 727196-18, 727196-20, 727196-22, 727196-23,
727196-24, 727196-25, 727196-26, 727196-29, 727196-307 ,27196-31,
727196-32, 727196-33, 727196-35, 727196-39, 727196-41, 727196-44,
727196-45, 727196-47, 727196-50, 727196-51, 727196-52, 727196-53
(svedoCenje M.N.1testimony M.N., Annex No. C 78, pp. c792-
~7951~796-~798),727196-54, 727196-55, 727196-56, 36197-1, 36197-4,
7.3.25.0. BrEko
In the area of the municipality of BrEko, attacks by
Croat-Muslim armed forces were launched against Serb civilians since
the first half of 1992, Serbs were killed, their property plundered, their
houses and churches burned down, their graveyards demolished and
desecrated, they were taken to camps where they were tortured and
even killed. All these crimes were part of genocide of the Serb
people.
Before the war broke out, relations between the Serbs,
on the one hand, and their Croat neighbours, on the other, as well
as their relation; with the Muslims were relatively good. However,
they al1 began to avoid contacts with Serbs. For example, Croats
stopped inviting Serbs to their feasts, explaining this by the opinion of
their priest "that Serbs were not to be invited to feasts or funerals".
The Serbs were threatened that they would be killed
or banished, and persecution of the Serb people began in 1992.
7.3.25.1. On June 11, 1992, a unit of the Croat Army
108th Brigade carried out an attack on Bosanska Bijela, plundered
the village and torched al1 Serb houses. The Croat Army then mined
the village church and completely destroyed it. They used mortars in
the attack- some 300 mortar shells were fired at the village.
Evidence:, 617195-1 (svedoCenje B.S.1testimony B.S., Annex No. C
97, pp. ~995-~9971~998-~1001)6 ,17195-5,617195-2
7.3.25.2. When the attack on the villages from the
territory of the local community of Bukvik was carried out in mid
September 1992 and when many civilian Serbs were killed, the
1033houses and other buildings were burned down, livestock was partly
killed, partly driven away towards Muslim and Croat villages, Serb
houses were plundered, while the Serbs who were not killed were
taken to camps. Those who survived practically had nowhere to come
back to. After the war had ended, the former Serb villages were left
without Serbs (for example, the villages of VujiCici, Skakava,
Vitanovici, Lukavac and others).
Evidence: 638195-2, 617195-11, 617/95-25, 617195-7,
617195-40
7.3.25.2. On December 12, 1992, the village of
VuSilovac was attacked by the Croat Army from the neighbouring
villages killing 17 civilian Serbs. Those Serbs who managed to
escape death, either fled or weretaken to camps. The Serb property
was plundered, the houses were destroyed and burned down, the
church was pulled down, the graveyard was completely destroyed so
that, there is not a single Serb family living inilovac. Many Serbs
from VuCilovac testiv to the fact that the threats by their Croat
neighbours came true.
A lot of Serbs were left without property and, in many
cases, their properiy was worth several million dinars, or even
German marks.
Evidence: 679195-42, 679195-6, 617195-23, 679195-10, 679195-11,
619195-16, 679195-39,7.4. DESTRUCTION OF PLACES OF WORSHIP OF THE SERBIAN
ORTHODOX CHURCH
7.4.1. The destruction of places of worship is certainly a crime.
However, according to the Convention on the Prevention and
Punishment of the Crime of Genocide of 1948, it does not constitute
by itself the crime of genocide. If the Court finds that hereafter
submitted data are legaly relevant, the Court is requested to consider
the following cases.
7.4.1.l. Banja Luka Eparchy
The Banjaluka Eparchy covers the north-west part of
Bosnia. In 1900 it was founded as a diocese of an archbishop. The
main spiritual centres of the eparchy are the monasteries of
Gomionica, MoStanica and Liplje. The monastery of Gomionica and its
church dedicated to the Presentation of the Holy Mother of Jesus
(Vavedenje Presvete Bogorodice) were reconstructed in 1595 by the
MileSeva monks who sought refuge therein from the Turkish invasion.
The monastery of MoStanica and its church of the Holy Archange1
Michael (Sveti Archangel Mihailo) are a memorial of the Serb King
Dragutin dating back to the 14th century. The monastery of Liplje is
also a mernorial of the King Dragutin and used to be a prominent
medieval centre for books transcribing.
During the Second World War (1941-1945) the territory
of the Banjaluka Eparchy was vastly destroyed. Numerous churches,
monasteries and parish homes were torn down or damaged,
extremely valuable church archives were destroyed and church
dignitaries killed. 7.4.1.1..Jajce
The Church of the Dormition of Our Most Holy Lady
(Uspenje Presvete Bogorodice), built in the 20th century, was blown
up in the night of 10-11 October.
7.4.1.1.2. Jezero
The Church of St. Great Martyr Serb Prince
Lazarus, built in 1992, was looted and burned down by Croats in
October 1995. The parish home built in 1975, was looted and then
burned down by Croats.
7.4.1.1.3. Mrkonjic Grad
The Church of the Nativity of the Blessed
Virgin Mary built in 1884, was damaged and desecrated by Croats in
October 1995. The parish home, built in 1964, was plundred and
burned down by Croats in 1995.
7.4.1.1.4. Gustovare (near MrkonjicGrad)
The Church of Sts. Apostles Peter and Paul
was desecrated
7.4.1.1.5. Obroci
The copper roof of the Church of St. Great
Martyr Serb Prince Lazarus, still under construction, was taken away
in August 1996.
Note: The church in Srbobran is still under
Muslim authority. Its fate is uncertain.
7.4.1.2. Bihac-Petrovac Eparchy
The Bihac Eparchy was founded in 1925 covering the
following administrative centres: Bosanski Petrovac, Sanski Most,KljuC, Bihac, Krupa and Cazin. It had existed as such till 1931 when
it was divided between the Banjaluka, GornjokarlovaEka and
Dalmatian eparchies. At the session of the Holy Archpriests' Synod
held in 1990, the Bihac eparchy was re-constituted under the name of
Bihac-Petrovac eparchy with the seat in Bosanski Petrovac (Petrovac).
The temporary seat is in KljuS. This eparchy comprises parts of the
Banjaluka and Dalmatian eparchies.
A considerable number of churches and other religious
buildings were destroyed in the Second World War.
During the ongoing war (1991-1993) the majority of the
Serb holy places were destroyed in the territory of the Bihac-Petrovac
eparchy. They were set on fire by Moslem fundamentalists. Complete
information are not yet availablebecause several Serb places are still
under the Moslem occupation.
7.4.1.2.1. Babici
The Church of St. Martyr Procopius was
damaged - burgled. The church bells were taken away. The parish
home was burgled too.
7.4.1.2.2. Baraci
The Church of Sts. Apostles Peter and Paul
was burgled and damaged by hand granades by Croats in 1995-
1996.
7.4.1.2.3. Bastasi
The Church of St. Prophet Elijah was broken
into and demolished by Croats in 1995.
7.4.1.2.4. Benakovac (near Bosanska Krupa)
The Church of St. Pince Lazarus was broken
into and damaged in 1995. 7.4.1.2.5. Bihac
The Holy Trinity Church, still under construction
was broken into and demolished by Muslims.The chapel, situated
beside the parish home, was, also, demolished and destroyed.
7.4.1.2.6. Bjelaj (near Petrovca)
The St. Great Martyr George's Church was set
on fire by Muslims in 1995. The parish home was damaged.
7.4.1.2.7. Bosanska Bojna
The Orthodox church was burnt down in 1992. The
church has been shelled several times and heaviliy damaged. The
parish home was burned down.
7.4.1.2.8. Bosanski Doljani (near Bihac)
The Orthodox church was damaged.
7.4.1.2.9. Bosanski Milanovac (near Sanski Most)
The Orthodox church was damaged by Muslims
in September or October 1995.
7.4.1.2.10. Bravsko (near Petrovac)
The Church of St. Prophet Elijah was burned
down in 1995.
7.4.1.2.11. Budimlic Japra (near Sanski Most)
The Orthodox church was buned down by
Musims in 1995. The parish home was damaged.
7.4.1.2.12.BukovaCa(near Petrovac)
The Church of the Nativity of the Blessed
Virgin Mary was broken into and demolished.
1038 7.4.1.2.13. Velika KladuSa
The Orthodox church was burnt down in 1992 by
Muslims.
7.4.1.2.14. VelikaujiSka (near Bosanski Novi)
The Church of the Nativity of the Blessed
Virgin Mary was broken into and heavily damaged by Muslims. The
parish home was destroyed - set on fire.
7.4.1.2.15. Vranjska (near Bosanska Krupa)
The Orthodox church was set on fire by
Muslims.
7.4.1.2.1. Vrbica (near Livno)
The Orthodox church was set on fire by Croats
in 1995. The parish home was destroyed.
7.4.1.2.17. Vrbljani (nearljuE)
The Church of the Dormition of Our Most Holy
Lady was broken into by Croats in 1995. The parish home was
damaged.
7.4.1.2.1. Vrelo
The Orthodox church was demolished.
7.4.1.2.19. Vodjenica
The Church of the Nativity of the Blessed
Virgin Mary was devastated inside and looted. The church bells were
taken away. The Church of St. Prophet Elijah was broken
into and darnaged. Its bell-tower was pulled down.
7.4.1.2.21. Gerzovo
The Church dedicated to the Twelfth Night
(Bogojavljenje) was broken in and heavily darnaged. The materilas
prapared for the reconstruction of the church were burned down and,
as well, the parish home.
The Holy Trinity church was broken in and
heavily darnaged by Croats in July 1995. The parish home was
damaged, as well.
7.4.1.2.23. Glogovac (near ~ipovo)
The church of St. Great Martyr George was
broken into in 1995 or 1996.
7.4.1.2.24. Grahovo
The Church of Sts. Apostles Peter and Paul
was broken into and darnaged by Croats in 1995. The parish home
was damaged, too.
7.4.1.2.25. Graci (nearrkonjic Grad)
The Church of St. Sava was broken into and
looted by Croats in 1995 and 1996.
7.4.1.2.26.GrrnuSa(near Bihac)
The Church of St. Panteleirnon was darnaged. 7.4.1.2.27. Gubin
The Church of the Dormition of Our Most Holy
Lady was razed to the ground by a tank belonging to the Croat
army. The parish home was damaged.
7.4.1.2.28.Dabar Donji (near Sanski Most)
The Church of the Dormition of Our Most Holy
Lady was burned down by Muslims in 1995. The parish home was
damaged.
7.4.1.2.29.1. The Church of St. Sava was broken into
by Croats in 1995.
7.4.1.2.29.2. The Church of the Ascension of the Lord
was burgled. Its inside was badly damaged by Croats in 1995. The
parish home was burgled and damaged, as well.
7.4.1.2.30. Jasenica Srpska (near Bosanska Krupa)
The Orthodox chuch was broken into,
plundered and burned down by Muslims in 1995
7.4.1.2.31. Janjila
The Church of the Nativity of the Blessed
Virgin Mary was set on fire by the Muslim armed forces.
The church dedicated to St. Great Martyr
Kyriakia was set on fire. 7.4.1.2.33. Kijevo (near Sanski Most)
The church dedicated to St. Great Martyr
Kyriakia was broken into, looted and burned down by the Muslim
armed forces in 1995.
7.4.1.2.34. Klisina (near Bosanska Krupa)
The Church of St. Great Martyr Marina was
damaged by the Muslim armed forces in 1995.
7.4.1.2.35. Kijevci (near Sanski Most)
The Church of St. Archdeacon Stephen was
damaged.
The Holy Trinity Church was plundered and
demolished by the Muslim armed forces in 1995. Three parish homes,
one of which was burgled, were damaged.
7.4.1.2.37. Kolunic (near Petrovac)
The Church of Our Lord's Transfiguration was
broken into and devastated by the Muslim armed forces in 1995.
7.4.1.2.38. Kopjenica (nearKljuC)
7.4.1.2.38.1. The Holy Trinity Church was burned down
in 1995.
7.4.1.2.38.2. The Church of the Dormition of the
Blessed Virgin Mary was heavily damaged, looted, only the ruins of
four walls remained. The parish home was damaged, as well, the
ruined walls, without roof, remained. 7.4.1.2.39. Krupa (Bosanska Krupa)
The Holy Trinity Church was shelled by the
Muslim armed forces in 1992, later on, in 1995 it was heavily
damaged. The parish home was destroyed -burned down.
7.4.1.2.40. Livno (Lijevno)
7.4.1.2.40.1. The Church of the Dormition of the
Blessed Virgin Mary was damaged. The inside of its bell-tower was
devastated and set on fire. All the icons and other church valuables
were taken by a priest to the Roman-Catholic Parish Office. The
Orthodox parish home was looted, demolished and burned down.
7.4.1.2.40.2. In 1992, the Memorial Chapel-House,
where in 1991 were deposited the relics of the Livno Serbs who had
been brutally killed by the Ustashi in the Second World War, was
mined. The bones were scattered al1over the place.
7.4.1.2.41. Lipa (near Bihac)
The Church of St. Great Martyr Panteleimon
was damaged.
7.4.1.2.42. Lipnik (near Sanski Most)
The Church of St. Prophet Elijah was damaged
7.4.1.2.43. Lukavica (near Sanski Most)
The Orthodox church was broken into, looted
and heaviiy damaged by the Muslim armed forces in 1995. 7.4.1.2.44. LuSci Palanka (near Sanski Most)
The Church of Our Lord's Ascension was
shelled, heavily damaged and burned down in 1995, or 1996. The
Parish home was damaged.
7.4.1.2.45. Majkic Japra (near Sanski Most)
The Church of the Most Holy Mother of God
was damaged in 1995 and 1996.
7.4.1.2.46.Mala Novska RujiSka (near Novi Grad)
The Church of Sts. Three Jerarchs was broken
into and damaged.
7.4.1.2.47. The Monastery of Veselinje (nearGlamoC)
The Church of the Nativity of St. John the
Forerunner was broken into, looted and devastated by the Croat
armed forces on 28 July 1995. The monastaery refrectories were
burgled.
Another church and two chapels in the vicinity
of the monastery were damaged.
7.4.1.2.48. The Monastery of Rmanj - The Church of
St. Nicholas
The monastery was broken into and devastated in
1995.
7.4.1.2.49. Martin Brod
The Chapel of St. Basil of Ostrog was broken
into and looted.
7.4.1.2.50. Medna (near Mrkonjic Grad)
The Church of the Holy Trinity was burgled by
the Croat armed forces. Two parish homes were damaged - broken
into.
1044 7.4.1.2.51. Osredak
The Orthodox church, located in the territory currently
under the control of Muslim forces, was ruined.
7.4.1.2.52. Odiak (near GlamoE)
The Orthodox chuch was heavily damaged.
7.4.1.2.53.OStra Luka (near Sanski Most)
The parish home was damaged.
7.4.1.2.54. Petrovac
The Church of Sts. Apostles Peter and Paul
was broken into and plundered by the Muslim armed forces. The
parish home was damaged, as well.
7.4.1.2.55. Peci (near KljuC)
The Church of the Ascension of the Lord
was burgled and damaged by the Musli armed forces in 1995.
7.4.1.2.56.Peulje (near Grahovo)
The Church of St. Great Martyr Georgewas
broken into, plundered and heavily damaged by the Croat army in
1995.
7.4.1.2.57. Pljeva (near ~ipovo)
The Chuch of St. Petka Paraskeva was broken
into and plundered in 1995, and 1996. 7.4.1.2.58. PodvidaCa(near Sanski Most)
The Orthodox chuch damaged by the Muslim
armed forces in 1995.
7.4.1.2.59. Prekaja (near Drvar)
The Church of the Dormition of the Blessed
Virgin Mary was burgled by the Croat armed forces 1995. The parish
home was damaged.
7.4.1.2.60. Preodac (on the way from Grahovo to
GlamoC)
The Church of the Holy Trinity was broken in
and devastated by the Croat armed forces in 1995
7.4.1.2.61. Prkosi
The Orthodox church was damaged
7.4.1.2.62. Rore (near GlamoE)
The Orthodox church was burgled.
7.4.1.2.63. Rujani (near Livno)
The Orthodox church was burned down in the
autumn of 1992 by the Croat armed forces.
7.4.1.2.64. Sanica Gornja
The Church of Sts. Apostles Peter and Paul
was broken into.
7.4.1.2.65. Sanski Most
The Church of Sts. Apostles Peter and Paul
was broken into and damaged by the Muslim armed forces in 1995.
The Parish home was damaged, as well. 7.4.1.2.66. Sredenik (Banjica)
The Church of the Transfer of St. Nicholas
Relics was set on fire by the Muslim armed forces in September
1995.
7.4.1.2.67. Smoljana (near Petrovac)
The Church of St. Prophet Elijah was burned
down by the Muslim armed forces in 1995.
7.4.1.2.68. Sokolovo (nearKljuS)
The Church of the Dormiton of the Blessed
Virgin Mary
was looted by the Muslim armed forces in 1995.
7.4.1.2.69. Spasovo (Kulen Vakuf)
The Orthodox church was damaged.
7.4.1.2.70. Srednji Dubovik
The church dedicated to the Stone of St. John
the Theologian, (near Bosanska Krupa), was set on fire by the
Muslim armed forces in 1995.
7.4.1.2.71. Srednji Petrovici (near Bosanska Krupa)
The Church of St. Great Martyr Panteleimon
was set on fire by the Muslim armed forces in 1995.
7.4.1.2.72. Stari Majdan (near Sanski Most)
The Church of the Dormition of the Blessed
Virgin Mary was set on fire by the Muslim armed forces in 1995. The
parish home was burned down. 7.4.1.2.73. Stekerovci (near GlamoC)
The Church of Sts. Constatin and Helen was
broken into and heavily damaged.
7.4.1.2.74.Straiice (near KljuC)
The Church of the Dormition of the Blessed
Virgin Mary was broken into and plundered by the Muslim armed
forces in 1995, and 1996.
7.4.1.2.75.Strojice
The Church of the Nativity of the Holy Mother
of God was heavily damaged and looted by the Croat armed forces
in the period between 12 September 1995 and 4 February 1996. The
parish home was damaged.
7.4.1.2.76. Suvaja
The Church of the Protection of the Most Holy
Mother of God was destroyed, only the ruined walls remained.
7.4.1.2.77. Trubar (near Drvar)
The Church of the Nativity of the Holy Mother
of God was heavily damaged.
7.4.1.2.78. Hadrovci (near Sanski Most)
The Orthodox church was burgled and heavily
damaged by the Muslim armed forces in 1995.
The Church of the Nativity of St. John the
Baptist was set on fire by the Muslim armed forces in 1995. 7.4.1.2.80. Cvijetnic Veliki (near Drvar)
The Church of the Nativity of the Blessed
Virgin Mary destroyed by the Croat armed forces in 1995.
7.4.1.2.81. Crni Lug (near Grahovo)
The Church of St. Prophet Elijah was shelled
by the Croat armed forces on the Orthodox Christmas Day, 7
January 1995.
7.4.1.2.82.~ipovljani (near Drvar)
The Orthodox church was broken into and
devastated by the Croat armed forces in 1995.
The Church of the Nativity of St. John the
Baptist was demolished, heavily damaged and plundered by the Croat
armed forces in the period between 13 September 1995 and 4
February 1996. The parish home was burned down.
7.4.1.3. Dabrobosanska Eparchy
After the Serbs accepted Christianity, the first
archbishop's seat in Bosnia was established at the St. Peter's Church
in Ban Brdo. At the time when St. Sava was setting up the Serb
Orthodox Church in 1219, he established an eparchy for Bosnia in
Dabar. Following the Turkish conquest of Bosnia in 1460, the
Dabrobosanski archbishop conducted a spiritual supervision over the
Orthodox believers in the whole of Bosnia.
Since 1713 the bishop's throne has been set in
Sarajevo and is still there.
The Dabrobosanska diocese was immensely destroyed
in the Second World War. In the ongoing war (1991-1993) 10
churches were torn down, 12 were damaged, 7 parish homes and
1049other buildings were torn down, one parish home was damaged, etc.
The Serb holy places in this area were equally devastated by the
Moslem fundamentalists and the Croat nationalists.
7.4.1.3.1. Sarajevo
7.4.1.3.1l. The Orthodox Cathedra1church built in 1872
was damaged.
7.4.1.3.1.2. Part of the Metropolitanate building and the
library were burnt down after they had been plundered.
7.4.1.3.1.3. The Church of the Holy Archangels Michael
and Gabriel (Svetih arhangela Mihajla i Gavrila) from the 15th century
was shelled on several occasions.
7.4.1.3.1.4. The new Church of the St. Prince Lazarus
(Sv. Cara Lazara) in Dobrinja (still under construction) was heavily
damaged.
7.4.1.3.1.5. The Church of St. Sava of Serbia in llidia
was damaged.
7.4.1.3.1.6. A part of the Theological Seminary building
and its library was burnt down.
7.4.1.3.1.7. The Church of Our Lord's Transfiguration,
(Preobraienja Gospodnjeg) built in 1939, was plundered and
demolished. Religious service is not performed there any more.
7.4.1.3.2. Blagaj
The Church of St. Great Martyr George was
mined and leveled to the ground in 1995. The parish home was set
on fire by the Croat and Muslim armed forces in 1995.
7.4.1.3.3.Blaiuj
The Church of St. Sava of Serbia, built in 1895
was shelled in 1992. Later on the church was reconstructed. Since 12
1050March 1996, the church is under the Muslim- Croat Federation
authority.
The Church of St. John the Baptist built in 1905, was
burned down, the parish home was demolished and the cemetery
desecrated by the Muslim armed forces in 1992.
7.4.1.3.5. Breza
The Orthodox Church of St. Martyr Procopius was
damaged. It is located in the Muslim controlled territory.
7.4.1.3.6. Bugojno
The Church of the Nativity of the Blessed Virgin Mary,
built in 1853, was torn down by the Croat armed forces during
combats on 15 December 1992. It can no longer serve as a place of
warship. The new parish home was, also pulled down.
7.4.1.3.7. Visoko
The Church of St. Great Martyr Procopius built in 1857,
was damaged and demolished in 1992. Its whole interior, including
the alter, was devastated, and the church is not suitable for religious
service any more. It is located in the Muslim controlled territory. The
parish home was forcibly moved into.
7.4.1.3.8. Vitovlje (near Travnik)
The Orthodox church was set on fire by the
Muslim armed forces in 1995. 7.4.1.3.9. Vukovsko (Donje)
The Church of the Dormition of the Blessed
Virgin Mary, built in 1984, was burgled and damaged in 1995.
7.4.1.3.1. Golo Brdo
The Church dedicated to the Conception of St. John
the Baptist (ZaCece Svetog Jovana Krstitelja) was burnt down and
ruined. The parish home was also burnt down by the Muslim armed
forces in 1992.
7.4.1.3.11.Goraide
7.4.1.3.11.l. The Church of St. Great Martyr George,
known as Donja Sopotnica, built in 1445, was looted and burned by
the Muslim armed forces in 1993. The auxiliary constructions near by
the church were set on fire in 1992.
The Orthodox cemetery was levelled to
the ground by bulldozers in 1993.
7.4.1.3.11.2. The parish home and the nearby chape1
was plundered and burned down.
7.4.1.3.12. Donji Malovan (near Kupres)
The Church of St. Serb Prince Lazarus, built in 1971,
was shelled in
1992. The reconstructed church was buned down by
the HVO formations in Noember 1994.
7.4.1.3.13. Zavidovici
The Church of St. Sava of Serbia, built in
1912, was looted and demolished in 1992.
7.4.1.3.14. Zavidovicicardak)
The Church of St. Nicholas, built in 1984, wa
set on fire by the Muslim armed forces in 1992.
1052 7.4.1.3.15. Zenica
The Church of the Nativity of the Blessed
Virgin Mary, built in 1886, was damaged by the HOS and local
Croat armed formations during combats on 6 June and 27 Decernber
1992. There were pulled down 9 chapels in the parish of Zenica.
7.4.1.3.16. Jabuka (near Foëa)
The Church of Our Lord's Transfiguration (Preobraienje
Gospodnje), built in 1937, was reconstructed and consecrated on 15
August 1991. Less than a year later (on July 23, 1992) the church
was blown up and completely destroyed by the Ustashi, including the
Serb cemetery next to the church.
7.4.1.3.17. Kakanj
The Church of Sts. Apostles Peter and Paul
was damaged (1991 to 1995).
7.4.1.3.18. Kiseljak (near Sarajevo)
The Church of St. Prophet Elijah, bulit in 1937was
damaged in 1992..
7.4.1.3.19. Kopaëi
The Church of St. George (Svetog Djordja), popularly
known as Donja Sopotnica, was built in 1446 by Herceg Stjepan.
From 1529-1531 it housed the first Serb printing shop for liturgical
books in Cyrillic alphabet. The church was renovated a few times
over the centuries. In 1993 the Moslems plundered the church, took
al1 the valuables away and then set the church on fire. They also
destroyed the Commemorative monument adjacent to the church and
flattened the Orthodox cemetery with a bulldozer.
The Orthodox church and cemetery were damaged
1053 7.4.1.3.21. Mutnica
The Orthodox church was damaged and the graves dug
out.
7.4.1.3.22. Osojnik
The Orthodox church and cemeteries were damaged.
7.4.1.3.23. Pazaric (between Sarajevo and Mostar)
The Church of the Holy Apostles Peter and Paul
(Svetih apostola Petra i Pavla), built in 1896, was set on fire levelled
to the ground by the Muslim armed forces in 1992. The parish home
was burned down in 1992, as well.
7.4.1.3.23. Ponijevo
The chape1was burnt down.
7.4.1.3.24. Stog (near Zavidovici)
The Church of St. Great Martyr George, built in 1912,
the parish home and the St. Sava Community building (Svetosavski
dom) were levelled to the ground by the Muslim armed forces in
1995.
7.4.1.3.25. Trnovo
In July 1992 the Moslems demolished and plundered
the Church of the St. Great Martyr George (Svetog VelikomuCenika
Georgija) built in 1886 (reconstructed and reconsecrated in 1986 at its
100th anniversary). Nedeljko Popovic, the priest of Trnovo, was killed
on June 10, 1992 by lslamic fanatics after he had been brutally
tortured at Godinjske Bare near Trnovo. The parish home was set on
fire by the Muslim armed forces in 1992. 7.4.1.3.26. Travnik
On May 26, 1993 the Moslems levelled to the ground
the Orthodox church which was located in the very centre of Travnik.
7.4.1.3.27. Turbe (near Travnik)
The Orthodox church of St. John the Baptist, built in
1970, was looted, damaged and religious service cannot be
performed there any imore. The parish home was burnt down in 1992.
7.4.1.3.28.FoCa
The part of the Church Community building where
candles were sold wa.s burnt down.
7.4.1.3.29. Hadiici
The Church of the Nativity of the Blessed
Virgin Mary, built in '1937, was shelled in 1995. It is in the Muslim-
Croat federation territory, since, 12 March 1996.
7.4.1.4. Zahum-Herzegovina Eparchy
This eparchy was established by St. Sava in 1219 at
the time of setting up of the Autocephalous Serb Archdiocese. The
Hum eparchy, as it had been originally called, had its seat at the
Church of the Most Holy Mother of God (Presvete Bogorodice) in
Ston.
Following the Austrian occupation of B&H (1878) this
eparchy was included in the autonomous Serb Orthodox Church of
Bosnia-Herzegovina oin the basis of an agreement reached in 1880
between the State of ,Austriaand the Patriarchate of Constantinople. In the Second World War this eparchy was extensively
destroyed and during the ongoing war it has been the most
devastated eparchy of all.
7.4.1.4.1. Mostar
7.4.1.4.1.1. On 7 and 8 June, 1992 the Holy Trinity
Cathedra1(Saborna crkve Svete Trojice), built in 1873, was the target
of dozens of shells, and on the second day of the Holy Trinity (June
15) the church belfries were torn down by shells, the church caught
on fire and burned down. In the course of the following weeks the
remaining walls of the church were blown up with explosive leaving
only a pile of stones behind. The Bishop Atanasije reported in
December 1993 that the church had been levelled to the ground and
the stones taken away.
7.4.1.4.1.2. The ancient church of the Nativity of the
Blessed Virgin Mary (Presvete Bogorodice) was torn down. It had
been rebuilt on the foundations of an older church dedicated to the
Protection of the Holy Mother of God (Pokrov Presvete Bogorodice).
According to the archbishop Atanasije's account the church was torn
down to the ground and even the stones were taken away. In the
same report (of July 6, 1992) it is stated that both new and old
cemeteries were hit by shells, that over 100 graves were destroyed
and that even coffins could be seen protruding from the ground.
7.4.1.4.1.3. The 19th century Bishop's Palace was
drilled with bullets but was not torn down(bishop Atanasije's report of
July 6, 1992). The Serbs who were captured while passing by the
Palace testified that later on explosives were placed under it and
activated, turning the Palace into a pile of stones. As reported by
bishop Atanasije in December 1993, the Bishop's Palace was
destroyed.
7.4.1.4.1.4. According to the report given in December
1993 by Atanasije, the Bishop in charge, the Bishop's Refectory, built
in 19th century was demolished. The chape1of St. Mary Maghdalena,
was pulled down, as well.
7.4.1.4.1.5. The same report stated that the old parish
building was also destroyed in the same period.
1056 7.4.1.4.1.6. Also destroyed in the same period,
according to the above report, was the Treasury in the basement of
the ancient Church of the Nativity of the Blessed Virgin Mary
(Rodjenje Presvete Bogorodice).
7.4.1.4.:2.Bijela (the parish of Konjic)
The chapel on the cemetary was damaged
7.4.1.4.3. Bijelo Polje (above Mostar)
The Church of Our Lord's Ascension (Vaznesenje
Gospodnje) was darriaged in the second half of 1992 and its interior
set on fire. The pa.rish home was pulled down. According to the
report by the Bishop in charge, Atanasije, given in December 1993,
the already damaged and burnt church was exposed to shelling which
resulted in the destr~ictionof its alter.
7.4.1.4.4. Blagaj (near Mostar, the left bank of the
Neretva)
The Church of St. Basil of Ostrog, built in 1892 was
shelled and set on fire, only the ruied wall remained. The parish
home was torn down, is stated in the report of the Bishop in charge,
Atanasije, submitted in Decernber 1993.
7.4.1.4.5. Blace
According to the same report, the chapel was torn
down.
7.4.1.4.6. Bogodol
The Cihurch of the Sts. Apostles Peter and Paul (Svetih
apostola Petra i Pavla), built in 1934, was first damaged and then
torn down. The entire Serb population was deported. 7.4.1.4.7. Bradina (above Konjic)
The Church of Our Lord's Ascension (Vaznesenje
Gospodnje) (20th century) was destroyed and a greater part of
Bradina was burnt down and demolished. The new chapel was pulled
down.
7.4.1.4.8. Brdjani (near Konjic)
The chapel was torned down (1991 -1995).
7.4.1.4.9. Velitani (Popovo Polje)
7.4.1.4.9.1. Thedamages caused by shelling can be
seen on the Church of the St. Archangel (Svetog Arhangela). AIso
damaged were tombstones at the cemetery, the road, the iron fender
along the road and particularly the west and south walls of the
church. The cemetery was damaged by shells fired by the Croat
army.
7.4.1.4.9.2. The Memorial Cemetary of the Serb New
Martyrs (Srpskih Novomutenika) was damaged during the 1991-1993
war operations.
7.4.1.4.10. Glavska (near Trebinje)
According to the report dated January 15, 1993 the
Church of St. Archdeacon St. Stephen (Svetog arhidjakona Stefana)
(18th century) was blown up, i!s bells taken away and nothing but a
pile of stones was left. The village of Glavska was completely burnt
down and destroyed.
According to the report dated January 22, 1993 the
Church of the Holy Apostles Peter and Paul (Svetih apostola Petra i
Pavla) (19th century) was torn down. 7.4.1.4.12. Gornje Hrasno
According to the same report, the Church of St. John
the Baptist (Svetog Jovana Krstitelja), built in 1849, was torn down
and the church bel1 was taken away in the direction of Split. The
village of Hrasno was destroyed.
7.4.1.4.13.DobriC (near LiStica)
The chapel dedicated to the St. Great Martyr Kyriakia
(Sveta VelikomuCenica Nedelja) built in 1975177, was damaged by
riflebullets and one window was broken.
7.4.1.4.14. Donji Poplat
The Church of Sts. Archangel Michael (Svetog
Arhangela Mihaila) built in 1867, had been burnt down and
destroyed in the Second World War. It was renovated in 1967. During
1991-1993 the churc:h was damaged and ruined because it had been
used as a bunker by the Moslem forces.
7.4.1..4.15.Donje Selo (near Konjic)
The chapel was destroyed, (1991-1995)
7.4.1..4.17.Duvno
'The Church of St. Nicholas, built in 1864, was
plundered, desecrated and damaged during the war operations.
7.4.1.4.18. Zaplanik (near Trebinje)
7.4.1.4.18.1. The Church of Sts. Apostles Peter and
Paul (Svetih apostola Petra i Pavla) was heavily damaged during the
1991-1993 war operations.
7.4.1.4.18.2. The Church of the Presentation of the
Holy Mother of Gad, reconstructed in 1864, pulled down by the
Croat Army, (1991-1995). The Serb Orthodox Church of the St. Prophet Jeremiah
(Svetog proroka Jeremije), recently renovated to resemble the
monastery of Kalenic, was destroyed to the ground with explosives.
7.4.1.4.20. Zukic (the parish of Konjic)
The chapel was pulled down, (1991-1995).
7.4.1.4.21. ldbar (the parish of Konjic)
The chapel was damaged (1991-i995).
7.4.1.4.22. Klepci
7.4.1.4.22.1. The Church of Our Lord's Ascension
(Vaznesenje Gospodnje) which had been renovated after the Second
World War was torn down to the ground during the 1991-1993 war
operations.
7.4.1.4.22.2. The Memorial monument dedicated to the
Serb victims from the First and Second Warld War, situated along the
regional way in Klepci, was torn down.
7.4.1.4.23. Konjic
The Church of St. Basil the Great (Svetog Vasilija
Velikog), built in 1886, was damaged in June 1992 and the belfry
destroyed, as well as the church home. The chapel and the cemetery
were damaged.
7.4.1.4.24. Kremena (near Opuzen)
The Church of St. Spyridon, built in 1862, was
damaged in June 1992, as well as the Serb Orthodox cemetery. 7.4.1.4.25. Lokve (the parish of iitomislic)
The new built chape1 was destroyed (1991-
The Church of St. Archangel Michael (Sveti Archangel
Mihailo) was burnt down during the war operations.
7.4.1.4.27.~itomislic Monastery
The monastery and the church dedicated to the
Annunciation of the Most Holy Mother of God (BlagoveStenje Presvete
Bogorodice), rebuiltiiri 1566 on the site where the old church used to
be, were hit by mortar shells ("Weber" flame throwers). After July 15,
1992 the church bras set on fire and torn down, whereas the
monastery quarters (erected in 1963) were first damaged and then
destroyed. The monastery is now occupied by the Croat Ustashi and
refugees testify that the monastery was blown up by explosives and
the cemetery behind the monastery was damaged. Also shattered by
an explosion was the crypt containing the remains of the brutally
killed monks of iitomiislic during the Second World War.
7.4.1.4.28. Zavala Monastery
The monastery and church dedicated to the
Presentation of the Virgin Mary in the Temple (Vavedenje Presvete
Bogorodice), built in 1514, with frescoes dating from 1619, were
desecrated and demolished by the Croat Ustashi and are still under
their occupation. Eye-witnesses claim that the monastery quarters are
severely damaged.
7.4.1.4.29. Opuzen
The village church was torn down during the war
operations. 7.4.1.4.30.1. The Church of the Lord's Ascension
(Vaznesenje Hristovo) was damaged.
7.4.1.4.30.2. The Church of St. John the Baptist (Sveti
Jovan Krstitelj) was damaged.
7.4.1.4.31.OSonici (near Stolac)
The section above the altar of the Church of Sts.
Apostles Peter and Paul (Svetih apostola Petra i Pavla) was
damaged.
7.4.1.4.32. Podosoje (Bobani plateau)
According to the report dated January 22, 1993 the
village church (20th century) was first damaged and then destroyed.
7.4.1.4.33. Poljice (Popovo Polje)
The Church of St. Nicholas (Sveti Nikola) and the
Church of St. John (Sveti Jovan), both from the 19th century, as well
as the cemetery, were damaged by shell shrapnel fired by the Croat
army. Many village houses were destroyed by shells.
7.4.1.4.34. Prebilovci
The Memorial Chapel of the Serb New Martyrs (Srpski
NovomuEenici) consecrated in 1991 was blown up in 1992. The
sacred bones of the Prebilovci Martyrs and others were set on fire.
Eye-witnesses claim that they had seen black smoke and huge
Stones and pieces of concrete flying up into the air. The nearby Serb
cemetery in Prebilovci was flattened with a bulldozer and the village
of Prebilovci was destroyed. 7.4.1.4.35. Prosjek (Bobani plateau)
The Church dedicated to the Exaltationof the Life-Giving
Cross (Vozdviienije casnog Krsta) was damaged and the village
destroyed.
7.4.1.4.36. Ravno
The Church of the Holy Fifiy (Svete Pedesetice) was
heavily damaged.
7.4.1.4.:37. Rapti
Accorcling to the report made by the end of 1992, the
Serb Orthodox church and the cemetery in Rapti were damaged.
7.4.1.4.138.RaSka Gora
The chape1dedicated to the St. Panteleimon Healer and
Great Martyr (Sveti VelikomuEenik Pantelejmon) was torn down.
7.4.1.4.39.RaScani (near Duvno)
The C:hurch of the Presentation of the Virgin Mary in
the Temple (Vavedenje Presvete Bogorodice) dating from the 19th
century was set on fire and blown up.
7.4.1.4.4.0.Slivnica (near Trebinje)
The church village from the 19th century dedicated tc
St. Clement (Sveti Klirnent) was torn down.
7.4.1.4.41. Stolac
The Church of the Lord's Ascension (Vaznesenje
Hristovo) was renovated in 1872. The church was visited on
December 11, 1993 by Atanasije, the Bishop in charge, who stated in
his report of December 16, 1993 that the church was preserved as a
whole, but that itsinterior had been burnt. The Holy Table and Table
1063of Oblation, made of stone, were shattered into pieces apparently in
violent rage. The Croats claim that the Moslems were excavating in
and around the church in search for gold.
7.4.1.4.42. Trebinje
The Church of Our Lord's Transfiguration (Preobraienja
Gospodnjeg) dating from 1908 was damaged by shell shrapnel that
fell in the church surroundings.
7.4.1.4.43. Hum (near Trebinje)
According to the report of May 26, 1993 the Church of
the Nativity of the Virgin Mary (Rodjenje Presvete Bogorodice) dating
from 1750 was damaged by the Croat army's shelling. The village
suffered considerable damages due to the permanent shelling.
7.4.1.4.44. ~ava~ (Popovo Polje)
According to the report dated May 26, 1993 the
Monument to the Memory of Orthodox Serbs killed in the village,
erected in 1945, was demolished.
The Church of the St. Great Martyr George (Sveti
VelikomuEenik Georgije) was damaged and demolished. The village of
~valjina was burnt down and destroyed.
The Church of the Lord's Ascension (Vaznesenje
Hristovo), dating from 1911, was visited on December 11, 1993 by
Atanasije, the Bishop in charge, whose report dated December 16,
1993 says that the church was severely damaged. Its interior was
burnt, the belfry top was destroyed, whereas the belfry itself was hit
on the level of the church roof by a shell fired from the Croat side. It
was punctured al1 over by smaller mortar shells. A considerable
portion of roof tiles and laths were damaged so that the roof is
leaking. The church altar and icons were devoured by fire and
1064everything inside the church, particularly the altar, was ransacked and
broken.
7.4.1.4.47.~elebic (near Konjic)
The Church of the Dormition of the Holy Mother of God
(Uspenje Presvete Bogorodice) was mostly destroyed.
7.4.1.4.,48.cen ni (coibani plateau)
The Cliurch of the Nativity of the Virgin Mary (Rodjenje
Presvete Bogorodice) was torn down.
7.4.1.5. Zvornik-Tuzla Eparchy
This eparchy covers the north-eastern part of Bosnia
which had been under the rule of the Serb King Dragutin at the turn
of the 14th century.
During the Turkish rule, the Zvornik bishop was first
rnentioned in 1488.
In the Second World War, a real spiritual genocide was
comrnitted in the area of this eparchy, and during the ongoing war
(1991-1993) it was exactly in this region that the largest number of
Serb Orthodox churclhes were destroyed. The Serb sacred places
were devastated with equal violence both by the Moslem
fundamentalists and the Croat nationalists- Ustashi.
7.4.1.5.1. Tuzla
7.4.1-5.1.l. The Cathedra1 of the Dormition of the
Mother of God (Saborna crkva Uspenja Presvete Bogorodice) dating
frorn 1882 was darnaged.
7.4.1.5.1.2. The Bishop's Palace was twice the target of
shelling and plundering.
1065 7.4.1.5.1.3. The Church of St. George (Svetog Georgija)
in Trnovac, built in 1900, was damaged.
7.4.1.5.1.4. The administrative building of the Church
Community was damaged by shelling.
7.4.1.5.2. (Bosanska) Bijela
Although it was beyond the range of war operations,
the Church of Our Lord's Ascension (Vaznesenje Gospodnje), dating
from 1936, was deliberately destroyed. The parish home was torn
down, after it had been plundered.
7.4.1.5.3. (Bosanski) Brod
The Church of the Protection of the Holy Mother of
God (Pokrov Presvete Bogorodice) dating from 1890 and generally
renovated in 1973, was purposefully torn down by explosive, entirely
beyond the range of war operations. The parish home was plundered
and damaged by shelling.
7.4.1.5.4. (Bosanski) Luiani
7.4.1.5.4.1. The church dedicated to All Saints' Sundey
(Nedelja svih svetih) erected in 1982 on the foundations of the old
church dating from 1883, was blown up on purpose, beyond the
range of war operations.
7.4.1.5.4.2. The Church of Sts. Apostles Peter and Paul
(Svetih apostola Petra i Pavla) dating from 1928 was burnt and blown
up on Easter 1992. The parish home was also burnt and al1that was
left of it were the four walls. Explosives were placed in theemetery.
7.4.1.5.4.3. The Affiliated Church of the Most Holy Mother
of God (Filijalna crkva Presvete Bogorodice), located in ZboriSte,
dating from 1969, was blown up on purpose, and so was the
auxiliary facility adjacent to it.
7.4.1.5.4.4. The Affiliated Church of Sts. Apostles Peter
and Paul (Filijalna crkva Svetih apostola Petra i Pavla), dating from
10661935, was deliberately demolished in Polje on Christmas, totally
beyond the range of' combat actions.
7.4.1.5.5. (Bosanski) MiloSevac
The St. Nicholas Church (Svetog Nikole) built in 1906
and generally reconstructed in 1971-1980 was partially damaged.
7.4.1.5.6. (Bosanski)~amac
The Church of St. Demetrius (Svetog Dirnitrija) built in
1937 was partially damaged.
7.4.1.5.7. Bukvik
The Church of St. Eeliah (Svetog Ilije) built in 1903 was
torn down.
7.4.158. Vinska
7.4.1.5.8.1. The Church of the Nativity of the Virgin
Mary (Rodjenje Presvete Bogorodice) was shelled and religious
services have been suspended since. The church was consecrated in
1933 and reconstructed in 1945 and 1983. The parish home was
plundered, shelled and eventually burnt down.
7.4.1.5.8.2. Unrelated to any war operations, the Church
of St. Elijah (Svetog Ilije) built in 1974, was blown up.
The Church of the Holy Mother of God (Presvete
Bogorodice), consecrated in 1939, was heavily damaged, as well as
the St. Sava Community building (Svetosavski dom) .
7.4.1.5.10. Vrela
Without any connection with the war operations, the
Church of Great Maityr Marina (Ognjene Marije), built in 1991, was
deliberately destroyed. 7.4.1.5.11. Gnionica
Beyond the range of war operations, the Church of the
St. Prince Lazarus (Svetog Cara Lazara) built in 1991, was
deliberately destroyed with explosives.
7.4.15.12. Gornji Svilaj
In June 1992, unrelated to any combat actions, a new
unconsecrated church was blown up.
7.4.1.5.13. Gradaëac
The Church of St. Elijah (Svetog Ilije) built in 1887 and
renovated in 1965 and 1980 was destroyed on purpose, beyond the
range of combat actions. The parish home was plundered and torn
down.
7.4.1.5.14. Derventa
On the 4th June 1992, the Church of the Dormition of
the Mother of God (Uspenje Presvete Bogorodice), consecrated in
1855, was deliberately blown up, entirely beyond the range of war
operations. The parish home was plundered and torn down.
7.4.1.5.15. Donja Dubica
On the 21st June, 1992, the Ustashi burnt down the
Church of the Holy Mother of God (Presvete Bogorodice) which was
built in 1911 and renovated in 1991.
7.4.1.5.16. Drinjaëa
The new church built in 1968 and the parish home
were damaged.
7.4.1.5.17. Dubnica
The Church of Sts. Joakim and Anna (Svetog Joakima i
Ane), consecrated in 1912 and reconstructed in 1965, wasdeliberately destroyed and burnt down beyond any war operations.
The parish home was plundered and torn down.
The parish home and the Chape1of the Blessed Virgin
Mary (Presvete Bogorodice) were plundered and burnt down.
The Church of the Protection of the Most Holy Mother
of God (Pokrov Presvete Bogorodice), consecrated in 1912, was
partially damaged.
7.4.1.5.20. Jasenica
The Church of the Sts. Apostles Peter and Paul (Svetih
apostola Petra i Pavla), reconstructed in 1969, was deliberately
destroyed beyond the range of war operations.
7.4.1.21. Jeginov Lug
A church which was yet unconsecrated was deliberately
burnt down and destroyed beyond any war operations.
7.4.1522. Karna
The Orthodox church was demolished.
7.4.1.23. Kladanj
The Church of St. Demetrius (Svetog Dimitrija), which
had been built on a new church site after the Second World War,
was deliberately destroyed beyond any war operations. The parish
home was plundered and burnt down. 7.4.1.5.24. KostreS
7.4.1.5.24.1. The Church of Great Martyr Marina
(Ognjene Marije), built in 1940, was deliberately destroyed beyond
any war operations.
7.4.1.5.24.2. A new, still unconsecrated church and the
cemetery were destroyed with explosives.
7.4.1.5.25. Kravica (near Bratunac)
The Church of the Sts. Apostles Peter and Paul (Svetih
apostola Petra i Pavla), consecrated in 1909, was demolished. The
parish home built in 1939 was burnt down.
7.4.1.5.26.Kretane
The Church of St. Mark (Svetog Marka), built in 1991,
was deliberately destroyed beyond any war operations.
7.4.15.27. Krnici
The Church of St. Elijah (Svetog Ilije), consecrated in
1921, was demolished.
The Church of the Descent of the Holy Spirit (Silazak
Svetog Duha), built in 1869, was blown up. The parish home was
plundered and blown up.
The new church was partially damaged
7.4.1.5.30. Lupljanica
The 20th century village church was partially damaged. 7.4.1.5.31. Maglaj
The Church of St. Elijah (Svetog Ilije), built in 1909 and
reconstructed in 194!5/46,was deliberately destroyed beyond any war
operations. The newly built parish home was plundered and torn
down.
7.4.1.5.32. Majevac
The Church of the Protection of the Mother of God
(Pokrov Presvete Bogorodice), renovated in 1984, was destroyed to
such an extent that religious service is impossible in it.
7.4.1.5.:33. Mala Brusnica
The Church of the Dormition of the Mother of God
(Uspenje Presvete B80gorodice),consecrated in 1937, was partially
damaged.
7.4.1.5.34. Mladikovine
The new church, still under construction, was partially
damaged.
The Church of the Dormition of the Mother of God
(Uspenje Presvete Bogorodice), built in 1868 and renovated in 1984,
was deliberately destroyed beyond any war operations. The parish
home was plundered and burnt down.
7.4.1.5.36. Novi Grad
The Church of the Sts. Apostles Peter and Paul (Svetih
apostola Petra i Pavl;i) was shelled and is not suitable for religious
service any more. The parish home was also exposed to shelling. 7.4.1.5.37. Obudovac
The Church of the Dormition of the Mother of God
(Uspenje Presvete Bogorodice), built in 1882, was exposed to shelling
which caused the damage of its roof and the north side.
7.4.1.5.38. Olovo
The parish home, built in 1969, was partially damaged.
The St. George's Church (Svetog Georgija), built in
1991, was destroyed.
7.4.1.5.40. Podgajevi
The Church of the Descent of the Holy Spirit (Silazak
Svetog Duha), built in 1910, was deliberately destroyed beyond any
war operations. Also destroyed was the St. Sava Community building
(Svetosavski dom).
7.4.1.5.41. Podnovlje
The Church of the Descent of the Holy Spirit (Silazak
Svetog Duha), erected and consecrated in 1990, was partially
damaged.
7.4.1.5.42.Poiarnica
The Church of Our Lord's Ascension (Vaznesenje
Gospodnje), built in 1869, was deliberately destroyed beyond any war
operations. The parish home was plundered and destroyed. The St.
Sava Community building (Svetosavski dom) was destroyed.
7.4.1.5.43. Potpec
The new, still unconsecrated church, was partially
damaged. 7.4.1.5.44. Pribojevici
The C:hurchof Our Lord's Transfiguration (Preobraienje
Gospodnje), consecrated in 1929, was deliberately demolished beyond
any war operations. The St. Sava Community building (Svetosavski
dom) was damaged.
The Church of St. Serb Princ Lazarus (Svetog Kneza
Lazara), consecrated in 1972, was damaged so that religious service
cannot be performed in it.
A filial ehurch of Majevica (Filijalni hram) was destroyed.
The rrionastery Church of the Sts. Apostles Peter and
Paul (Svetih apostola Petra i Pavla) was damaged and is unsuitable
for religious service. The monastery refectory was also damaged.
7.4.1.5.48. Sijekovac
The Czhurchof Great Martyr Marina (Ognjene Marije),
consecrated in 1970, was deliberately destroyed beyond any war
operations.
7.4.1.5.49. Srebrenica
7.4.1.5.49.1. The Church of the Protection of the
Blessed Mother of God (Pokrov Presvete Bogorodice), a chatedral
built in 1903, was deliberately destroyed beyond any war operations.
The parish home built in 1936 was also destroyed.
7.4.1.5.49.2. The Church of the St. Archangel Michael
(Sveti arhangel Mihailo), built in 1971 on the location of an olderchurch, was deliberately blown up and destroyed beyond any war
operations.
7.4.1.5.50. Srpska Grapska
The Church of Our Lord's Ascension (Vaznesenja
Gospodnjeg), built in 1894, was partially damaged.
The parish home was partially damaged.
7.4.1.5.52. Fakovici
The Church of the St. Apostle Thomas (Svetog apostola
Tome), built in 1891 and reconstructed in 1971, was partially
damaged. The parish home was plundered and burnt down.
7.4.1.5.53. Cerik
The Church of St. John the Theologian (Svetog Jovana
Bogoslova), consecrated in 1955, was deliberately destroyed beyond
any war operations.
7.4.1.5.54. Cerovica
The Church of the Sts. Apostles Peter and Paul (Svetih
apostola Petra i Pavla), built in 1892 and renovated several times
after the Second World War, was damaged.
The Church of St. Elijah (Svetog Ilije), consecrated in
1974, was partially damaged. The parish home built in 1974 was
damaged.
Evidence: 1. S. Mileusnic, The Spiritual Genocide
1991-1993, the Museum of the Serb
Orthodox Church, Belgrade, 1994.2. Documentation filed with the Committee
under Nos 468194-4,7,8and 9; 85194;
20517-94;370194-5,22911-94; 234195-
23 and 202195.7. 5. CONCLUSIONS
7.5.1. The facts and evidence presented in Chapter VI1
of the Counter-Memorial prove deliberate killings of the members of
the Serb nationalityjust due to their Serb nationality.
7.5.2. The facts and evidence presented in Chapter VI1
of the Counter-Memorial prove that the members of the Serb
nationality have been inflictedserious bodily or mental harm.
7.5.3. The facts and evidence presented in Chapter VI1
of the Counter-Memorial prove that such conditions of life were
deliberately inflicted on the Serbs, as a group, with an intent to
physically destroy them, in whole or in part.
7.5.4. The facts and evidencepresented in Chapter VI1
of the Counter-Memorial prove that the above acts were committed
with an intent to destroy the Serbs, as a group, in whole or in part.
7.5.5. Consequently,the facts and evidence presented in
Chapter VI1 of the Counter-Memorial prove that the acts of genocide
have been committedin Bosnia and Herzegovinaagainst the Serbs, as
a group.
7.5.6. The facts and evidence presented in Chapter VI1
of the Counter-Memorial prove that the said acts of genocide have
been committed in the territory under the control of the authorities of
Bosnia and Herzegovina.
7.5.7. The facts and evidence presented in Chapter VI1
of the Counter-Memorial prove that the said acts of genocide have
been committed by the members of the State organs of Bosnia and
Herzegovina.
7.5.8. The facts and evidence presentedin Chapter VI1
of the Counter-Memorial prove that Bosnia and Herzegovina has not
prevented the acts of genocide. 7.5.9. The facts and evidence presented in Chapter VI1
of the Counter-Mernorial prove the existence of direct and public
incparaent to commit genocide.
7.5.1. Consequently, Bosnia and Herzegovina has
breached its obligations,ursuant to Article I of the Convention on the
Prevention and Punishment of the Crime of Genocide to prevent the
acts of genocide.
7.5.11. Bosnia and Herzegovina has breached its
obligation, in accordance with Articles1-IV of the Convention on the
Prevention and Punishment of the Crime of Genocide, to punish the
perpetratorsof the acts of genocide.
7.5.12. Bosnia and Herzegovina breachedits obligation
in accordance with Article V of the Convention on the Prevention and
Punishment of the Crime of Genocide to include in its interna1
legislation the provisionson the implementationof the Convention.
7.5.13. Consequently, Bosnia and Herzegovina is
responsible for the above breaches of its obligations arising from the
Convention of the Prevention and Punishment of the Crime of
Genocide. GENERAL CONCLUSIONS
8.1. The documentary material presented by the Applicant in the
Memorial and al1 other written submissions does not contain valid
proof on the basis of which the Court can draw conclusions on facts.
8.2. No act alleged by the Applicant in the Memorial or other
submission constitutes the crime of genocidesince it is not envisaged
by article II of the Convention on the Prevention and Punishment of
the Crime of Genocide, andlor was not committed for the purpose of
genocide, andlor directed exclusively against members of one
protected group.
8.3. No act alleged by the Applicant in the Memorial or other written
submission can be qiialified as: conspiracy to commit genocide; direct
and public incitement to commit genocide; attempt to commit
genocide; complicity iii genocide.
8.4. In view of the fact that the acts alleged by the Applicant in the
Memorial and other subrnissions werecommitted outside the territory
of FRY and in the territory over which FRY exercises no control
whatsoever, FRY has' not violated any obligations with regard to the
prevention of the commission of genocide and the punishment of
perpetrators.
8.5. There is no violation of any other obligation applicable to FRY
under the Convention on the Prevention and Punishment of the Crime
of Genocide.
8.6. The act of any iridividual which allegedly constitutes the violation
of the obligation eçtablished by the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, cannot be
attributed to FRY.
8.7 The act of any armed group which allegedly constitutes the
violation of the obligation established by the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, cannot be
attributed to FRY.8.8 The act of any authority of the Republic of Srpska or any act that
can be attributed to the Republic of Srpska and which allegedly
constitutes the violation of the obligation established by the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide, cannot be attributed to FRY.
8.9. FRY has not extended any aid or assistance to the Republic of
Srpska for the purpose of the allegedly violation of obligations
established by the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide.
8.10. The Republic of Srpska has existed as a State in the territory
of the former Yugoslav republic of Bosnia and Herzegovina as of
April 1992. It has not been recognised as a State, but it has been
recognised by the Applicant, other States and the UN Organisation,
as a party to the conflict (a warring party). The international
personality of .the Republic of Srpska has been accepted by the
international community and the Applicant at least to the extent
vested in a party to the conflict.
8.11. The reasons for establishing the Republic of Srpska do not lie
in the "ideology of a Greater Serbia", or in any plan created in
Belgrade, but rather in the objective threats that the Serb people is
under and in the religious and ethnic discrimination it is being
subjected to in the territorynder the Applicant's control. The creation
of the Republic of Srpska has been motivated by the historical
memory of the Serbs in Bosnia and Herzegovina, especially that of
the genocide suffered in World War II, as well as in the political
events in Bosnia and Herzegovina in 1990 and later, which
culminated in armed attacks and genocide against the Serbs.
8.12. Between 1992 and 1995 the Republic of Srpska had a high
degree of independence in decision making. Not only did it not accept
suggestions on the part of FRY and friendly states, but neither did
the NATO ultimatum and the Security Council measures significantly
affect its conduct. Therefore, the Republic of Srpska exercises full
sovereignty over its territory.
8.13. Thus, FRY exercises no sovereignty or control whatsoever over
the territory controlled by the Republic of Srpska in the former
Yugoslav republic of Bosnia and Herzegovina. FRY does not control
the behaviour of the Republic of Srpska in any sphere. Although it
has tried several times, FRY has not managed to influence the
conduct of the Republic of Srpska.
8.14. The Yugoslav People's Army (JNA) withdrew in a timely fashion,
in the shortest possible period, from the territory of the former~u~oslav republic of Bosnia and Herzegovina. JNA rnernbers and
weaponry and equiprnent rernained under the cornrnand of al1 the
three conflicting sides. No authority of FRY has decided on any
military or arrned operation in the territory of the former Yugoslav
territory of Bosnia and Herzegovina.
8.15. FRY has publicly and consistently condernned ethnic cleansing,
bornbardrnent of towns, forced containrnent of civilians in collective
centres, regardless of what party cornrnitted those acts, and
demanded that al1 the three sides should cease comrnitting these
inhurnane and illegal acts.
8.16. FRY has supported with hurnanitarian and econornic assistance
the attempt of the Serb people in the former Yugoslav republic of
Bosnia and Herzegovina to safeguard its existential interests and
status of equality with other nations in those parts. This assistance
has never been extended with a view to the commission of inhumane
and illegal acts. Wh~enthe Republic of Srpska rejected the 1993
Vance-Owen plan, andlor the 1994 Contact Group plan, FRY
discontinued its econ'ornicassistance.
8.17. The Republics of Serbia and Montenegro have, within SFRY
and FRY, constantly and consistently invested efforts for the
disagreernent between the three ethnic cornrnunities to be solved
through rnutual consent, without recourse to force. All that FRY did in
relation with theforrrier Yugoslav republic of Bosnia and Herzegovina
was in cornpliance with this position.
8.18. FRY has exteinded hurnanitarian assistance to the population,
including the Moslern population, in the territory of the former
Yugoslav republic of Bosnia and Herzegovina. It has likewise provided
shelter to Muslirnrefugees in its territory.
8.19. In Bosnia and Herzegovina have been cornrnitted the acts of
incitement to genocide,i.e. it has not prevented and punished the acts
of inciternentto genocide.
8.20. The organs of Bosnia and Herzegovina has cornrnitted acts of
genocide and violated other obligations established by the 1948
Convention on the Prevention and Punishrnent of the Crime of
Genocide, against the Serbsin Bosnia and Herzegovina.
8.21. The organs of Bosnia and Herzegovina have not prevented the
the acts of genocide and other acts prevented by the Convention on
the Prevention and Pilnishrnent of the Crime of Genocide.8.22. The mentioned acts have been committed on the entire territory
which was under the control of the authorities of the Republic of
Bosnia and Hercegovinafrom March 1992 to October 1995.
8.23. Bosnia and Hercegovina has not punished the perçons who
committed the acts of genocide and other acts prevented by the
Convention on the Prevention and Punishment of the Crime of
Genocide.
8.24. Accordingly, Bosnia and Hercegovina is responsible for the
violation of the obligations established by the 1948 Convention on the
Prevention and Punishmentof the Crime of Genocide. SUBMISSIONS
The Federal RepubYicof Yugoslavia requests the International Court
of Justice to adjudge and declare:
1. In view of the fact that no obligations established by the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide have been violated with regard to Muslims and Croats
- since the acts alleged by the Applicant have not been committed at
all, or not to the extent and in the way alleged by the Applicant, or
- if some have beeri committed, there was absolutely no intention of
committing genocide, andlor
- they have not beeri directed specifically against the members of one
ethnic or religious group, i.e. they have not been committed against
individuals just because they belong to some ethnic or religious
group,
consequently, they c:annot be qualified as acts of genocide or other
acts prohibited by the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide, andlor
2. In view of the fact that the acts alleged by the Applicant in its
submissions cannot be attributed to the Federal Republic of
Yugoslavia,
- since they have not been committed by the organs of the Federal
Republic of Yugoslavia,
- since they have not been committed on the territory of the Federal
Republic of Yugoslavia,
- since they have not been committed by the order or under control
of the organs of the Federal Republic of Yugoslavia,
- since there is no other grounds based on the rules of international
law to consider them as acts of the Federal Republic of Yugoslavia,
1083therefore the Court rejects al1claims of the Applicant, and
3. Bosnia and Herzegovina is responsible for the acts of
genocide committed against the Serbs in Bosnia and Herzegovina
and for other violations of the obligations established by the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide.
- because it has incited acts of genocide by the "lslamic Declaration",
and in particular by the position contained in it that " "there can be
no peace or coexistence between 'Islamic faith' and 'non-lslamic'
social and political institutions",
- because it has incited acts of genocide by the "Novi Vox", paper of
the Muslim youth, and in particular by the verses of a "Patriotic Song"
which read as follows:
"Dear mother, I'm going to plant willows,
We'll hang Serbs from them.
Dear mother, I'm going to sharpen knives,
We'll soon fil1pits again".
- because it has incited acts of genocide by the paper "Zmaj od
Bosne", and in particular by the sentence in an article published in it
that "Each Muslim must name a Serb and take oath to kill him";
- because public calls for the execution of Serbs were broadcast on
radio "Hajat" and thereby acts of genocide were incited;
- because the armed forces of Bosnia and Herzegovina, as well as
other organs of Bosnia and Herzegovina have committed acts of
genocide and other acts prohibited by the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, against the
Serbs in Bosnia and Herzegovina, which have been stated in Chapter
Seven of the Counter - Memorial;
- because Bosnia and Herzegovina has not prevented the acts of
genocide and other acts prohibited by the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, against the
Serbs on its territory, which have been stated in Chapter Seven of
the Counter-Mernorial.
10844. Bosnia and Herzegovina has the obligation to punish the
persons held responsible for the acts of genocide and other acts
prohibited by the 1948 Convention on the Prevention and Punishment
of the Crime of Genocide.
5. Bosnia and Herzegovina is bound to take necessary measures
so that the said acts would not be repeated in the future.
6. Bosnia and Herzegovina is bound to eliminate al1
consequences of the violation of the obligations established by the
1948 Convention on the Prevention and Punishment of the Crime of
Genocide and provide adequate compensation.
Agent of the FR of Yugoslavia
Rodoljub Etinski LIST OF ANNEXES
Annex No 1 Letter dated 14 April 1997 from the Secretary-General
addressed to the President of the Security Council, Sl19971310, 14
April 1997, p 20 para. 93,
Annex No 2, Ted Galen Carpenter, Serbia, Analogy ...and
Perspective, "The Washington Times", 12 June 1994, p. 3
Annex No 3, Richard Cohen, It's Not Holocaust, Rhetoric and Reality
in Bosnia, "The Washington Post", 28 February 1993, p. 5.
Annex No 4, Chris Hedges, "Jailed Serbs "Victims Found Alive",
Embarrassing, Bosnia", "The New York Times" 1 March 1997, pp 7-8
Annex No 5, Sudsko-medicinska ekspertiza na Odeljak broj 2.2.1
Tuibe, pp. 9-12113-1 6
Annex No 6, Sixth Periodic Report of the Special Rapporteur,
Mazowiecki, Doc. E/CN.4/1994/110, 21 February 1994, para 34, p 18.
Annex No 7, Report of the Special Rapporteur Al471666, 17
November 1992, para. 29 p. 20.
Annex No 8, Report of the CSCE. Mission to lnspect Alleged Places
of Detention in the Republics of Serbia and Montenegro, pp. 21-36.
Annex No 9, Joan Phillips, Who is making the news in Bosnia, The
Living Marxism, 12 May 1993, pp. 3711 -3714.
Annex No 10, 20 Things You Know about the Serbs That Aren't
True, Campaign against Militarism, February 1994, No. 4, p. 39
Annex No 11, Thomas Deichmanri, Es war dieses Bild, das die Welt
in Alarmbereitxchaft versetzte, Novo, Nr. 26, JanuarylFebruary
1997lThe same article in English version "The Picture that Fooled the
World", LM, p. 40-50151-61,
Annex No 12, Reuters, Serb Camps Unlike Nazis, Expert Says,
International Herald tribune 12/8/1992, p. 62
Annex No 13, Karl Anded Papadopoulos, "Sammanhanget avgoer
reaktionenMrrheConnection Determines the Reaction, Dagensnyheter,
21 September 1993, pp. 63-65166-70.Annex No 14, Conflict in the Balkans -Term for Serbs' Camps Is
Being Disputed, "The New York Times", 16 August 1992,p. 71
Annex No 15, David Binder, U.S. Finds No Proof of Mass Killing at
Serb Camps, "The New York Times", 23 August 1992, p. 72
Annex No 16, Jacques Merlino, "Les verites yougoslaves ne sont pas
toutes bonnes a dire", Paris, December 1993, Annex No 16, p. 74;
Annex No 17, Yohanan Ramati: "To Stop the War in Yugoslavia",
The Midstream, New York, April 1994, pp. 75-76.
Annex No 18, Sl25969, 18 June 1993, p. 29, P. 78
Annex. No 19. Agreement for the Demilitarization of Srebrenica,
Sarajevo, 18 April 1993, pp. 15-16, pp. 79-80
Annex No 20,.George Kenney: Bosnian Calculation, The New York
Times Magazine, 23 April 1995, p. 81
Annex No 21, Criminal offence charges filed by the Bijeljina Public
Security Centre against 161 participants, No. 11-0212-230-410 KU-
175 of 18 May 1995 (pp. 8311 -66) enclosures Nos: 2 (Statement of
M.M., pp. 83/67-70);
3 (Statement of R.M., pp. 83/71-74), 4 (Statement of D~.N., pp.
83/75-80);5 (Statement S.M. pp. 83/81-82), 8 (Statement S.M. pp.
83/83-86), 9 (Statement M.O. pp. 83/87-90), 10 (Statement G.O. pp.
83197-101),11 (Statement S.S. pp. 83/91-96),12 (Statement Z.Z. pp.
831102-105), 13 (Staternent M.K. pp. 831106-109), 14 (Statement K.H.
pp. 831110-113), 15 (Statement D2.v. pp. 831114-118), 16 (Statement
O.H. pp. 831119-120), 21 (Statement M.B. pp. 831121-126),22
(Statement M.I. pp. 831127130),63 (Statement S.M. pp. 831131-133)
and 27 (Receipt on the temporary confiscation of objects B.F. pp.
831134-135) Committee, No. 575195,
Annex No 22, Zapisnik, br. 575195 od 23 avgusta 1993.IRecord, No
575195,23 AU~US~ 1995, p. 83-84185).
Annex No 23, IzveStaj O aktivnostima stanice javne bezbednosti
Bijeljina, nakon uspostavljanja slobodei mira u Bijeljini, br. 18-3101-
S192, 11 april 1992.lReport of the Activities of the Police Station of
Bijeljina After the Restoration of Freedom and Peace in Bijeljina, No.
575195-35, pp. 86-92193-100.
Annex No 24, certificate of the Public Security Centre of Bijeljina, No.
11-0911-207-50 of 18 May 1995, Committee, No. 575195-29,pp. 10011
- 10012.Annex No 25, Slufbena zabeleska, CJB Bijeljind Officia1Note of the
Centar of Public Security, Bijeljina, No 11-0212,26 April 1995, pp.
1011102-103
Annex No 26, lzjava V. K.lStatement of V.K. given on 23 May 1992,
pp. 104-13911 40-170.
Annex No 27, Bosnian War End in Sight to UN General, International
Herald Tribune", 11 June 1994, p, 171
Annex No 28, Roger Cohen: U.N. Military Aide Says Plight of
Gorazde is Exaggerated, "The New York Times", New York, 30 April
1994, pp. 172-173;
Annex No 29, Florence Hartmann, Les organisations humanitaires s
interrogent sur le nombre reel blesses, "Le Monde", Paris, 28 April
1994, p. 174;
Annex No 30, "Dernieres Heures d'Alsacew,Strasbourg, 27 April 1994,
p. 175;
Annex No 31, Tony Barber, Rose accuses Muslims of trickery over
Gorazde, "The Independent", London, 29 April 1994, p. 176;
Annex No 32, Joel Grant, Eve-Ann Prentice, Rose Backtracks on
Gorazde defenders who "turned and ran", "The Times", London, 29
April 1994, p. 177
Annex No 33, Hronika naSeg grobljdA Chronicle of Our Graveyard,
Milivoje IvanivSevic, Beograd-Bratunac 1994, pp. 179-1801181-184.
Annex No 34, Hitni dopis SDS Srebrenice vladi Bosne i
HercegovinelUrgent Communication of the SDS of Srebrenica to the
Government of the Bosnia and Herzegovina, 17 February 1992, pp.
185-1891190-196.
Annex No 35, Hronika naSeg groblja1AChronicle of Our Graveyard,
MilivojeIvanivSevic, Beograd-Bratunac 1994, op. cit., pp. 197-1991200-
204.
Annex No 36, Campaign Against Militarism, 20 Things You Know
About Serbs That Aren't True, February 1994, No.4, p. 206
Annex No 37, Sixth Periodic Report of the Special Rapporteur, Doc.
EICN.4119941110,21 February 1994, para. 65, p. 208Annex No 38, Sixth Periodic Report of the Special Rapporteur, para
72, p. 210
Annex No 39, Campaign Against Militarism, Information, February
1994, No. 4, Story 19, pp. 212-213
Annex No 40, Spisak ranjenih i ubijenih osoba- Zdravstveni centar u
BratunculList of wounded and killed persons -Health Centre in
Bratunac; Committee No 202194, pp. 214-217121 8-221
Annex No 41, Sudskomedicinska ekspertiza na Odeljak br. 2.2.2.-
"Ubijanja",taCka 2.2.2.10. Tuibel Medical Forensic expertise, related
to section 2.2.2.- Killing, section 2.2.2.10. of the Memorial, pp. 222-
2341235-250,251-412
Annex No 42, Zapisnik O sasluSanju svedoka K.D.1Recordof the
statement of witness K.D., 27 December 1994, pp. 413-416/417-419
Annex No 43, Zapisnik O sasluSanju svedoka V.M.lrecord of the
statement of witness V.M., 27 December 1994, pp. 420-4221423-424.
Annex No 44, Zapisnik O sasluSanju svedoka Z.L..lrecord of the
statement of witness Z.L., 27 December 1994, pp.425-4271428-430
Annex No 45, Zapisnik O sasluSanju svedoka K.G.lRecord of the
statement of witness, 27 December 1994, pp. 431-4331434-436
Annex No 46, Poruke roditelja deci preko Crvenog krstaIMassages of
parents to their children through the Red Cross, pp. 437-448
Annex No 47, Stejt Departrnent, ladi SjedinjenihArneriCkihDriavarro the
Departrnentof State, Governrnentof the United Statesof Arnerica,
44811-6
Annex No 47a, "Srpski glas", No. 15 of 5 March 1993, pp. 4491450
Annex No 48, Branko Bokan, Bosanska Krajina, Ratni zloEini i zloCini
genocidahe Bosnian Krajina, War Crimes and the Crime of
Genocide, 1991-1992, SANU, Belgrade, 1993, pp. 451-4521453-454
Annex No 49, Witnesses' statements, - Documentation Centre of the
Commissariat for Refugees of the Republic of Serbia, Nos. 71100282,
71100271, 71100471,71100239, 71100404,41100354,71100611, pp.
455-491
Annex No 50, S125393,p. 3, pp. 493Annex No 51, United Nations Special Rapporteurs report Al471666, of
17 November 1992, para. 17(c), p. 495
Annex No 52, Sporazum O naCinu i visini nadoknade za medjusobno
pruienu zdravstvenu zaStitu1Agreernenton the Modalities and
Compensation Fees for the Provided Health and Medical Services; 8
March 1994, pp. 496-5001501 -504.
Annex No 53, IzveStajiO broju pacijenata nesrpske nacionalnosti
IeCenih u medicinskim centrirna u Prijedoru, BrCkom, Sokocu, Doboju
/Reports of the nurnber of patients of nonserb nationality cured in
medical centres in Prijedor, BrCko, Sokolac, Doboj, since 1992 to
1995, pp. 50511-238 (Prijedor), 5051239-248 (BrCko),5051249-256
(Sokolac), 5051257-363(Doboj)
Annex No 53a, IzveStajiO broju pacijenata nesrpske nacionalnosti
IeEenih u rnedicinskim centrima u ModriEi, Bosanskoj GradiSki, Kasin
Dolu, Bijeljina i Banja Luka/Reports of the number of patients of
nonserb nationality cured inmedical centres in ModriCa, Bosanska
GradiSka, Kasin Do, Bijeljina and Banja Luka, since 1992 to 1995,
pp. 5051364-374 (ModriCa),5051375-448(Bosanska GradiSka),
5051449-455(Kasin Do), 5051456-51 7 (Bijeljina), 5051518-617 (Banja
Luka)
Annex No 54, Sudskomedicinska ekspertiza na odeljak br. 2.2.3.-
"MuCenja"1Medicalforensic expertise related to section 2.2.3.-"Torture",
pp. 506-5081509-511
Annex No 55, Sudskomedicinska ekspertiza na odeljak br. 2.2.4.-
"Silovanja"1Forensicmedicine expertise related to the Section 2.2.4.-
"Rape", pp. 512-5151516-519
Annex No 56, Jacques Merlino: "II faut cesser de manipuler l'opinion",
Le Quotidien, Paris, 22 Novernber 1993, p. 520
Annex No 57, Letter of Nora Beloff to Judge Richard Goldstone,
London, 2 August 1994 - as quoted by Milan Bulajic, Alternative
Yugoslavia Tribunal, Belgrade, 1995, StruCna knjiga; p.522.
Annex No 58, Campaign Against Militarism, February 1994, No. 4,
story 7, pp 524-525
Annex No 59, Latter dated 18 December 1992 frorn the Charge
d'affair a.i. of the Permanent Mission of Yugoslavia to the United
Nations addressed to the Secretary-General, Al471813, Sl24991, 18
December 1992, pp. 526-553Annex No 60, Simon Wiesenthal, Svi su krivil Everyone Is to Blame,
NIN, 19 March 1993, pp. 5541555-557
Annex No 61, Sixth Periodic Report of the United Nations Special
Rapporteur, EICN. 41199411 10, of 21 February 1994, para 256, pp
559-560.
Annex No 62, Refugees in Serbia, No. 7, Belgrade, 10 May 1993,
pp. 562.
Annex No 63, Sixth Periodic Report of the United Nations Special
February 1994, para. 46, pp. 564
Rapporteur, ElCN.4119941110,of 21
Annex No 64, Fifth Report of the United Nations Special Rapporteur,
ElCN.411994147,of 17 November 1993, para. 44, pp. 566-567
Annex No 65, "Oaza mira, etniEki Eista", Peace Oasis-Ethnically
Clean, "VeCernje novostirrhe Evening News", 25. November 1994, pp.
5681569-570
Annex No 66, Sixth Periodic report of the United Nations Special
Rapporteur, ElCN.4119941110,of 21 February 1994, para 16, pp. 572
Annex No 67, Mike Tuman, "Der Krieg der Kriegsreporterflhe War of
War Reporters, "Die Zeit", Hamburg, 2 September 1994, pp. 573-
5761577
Annex No 68, "Cisterna je bila napunjena granatama", D. Marié,
Politika, Beograd, 5 april 1992; "Tank Truck Filled With Shells", D.
Marié,"Politika", Beograd, 5 April 1992, pp. 5781579-581
Annex No 69, Zahtevi za izdavanje putnih isprava i izdavanje
viza/Application Form for lssuance of the Travel Documents and for
the lssuance of Visas, pp. 582-606
Annex No 70, Article 28, Convention on the Status of Refugees of 28
JUIY1951, pp 607-608
Annex No 71, Periodic Report of the United Nations Special
Rapporteur, ElCN.41199413,5 may 1993 paras. 74 and 75, pp. 611-
612
Annex No 72, Periodic Report of the United Nations Special
Rapporteur, para. 91, Doc. ElCNl199413, 5 May 1993, pp. 614
Annex No 73, Periodic Report of the United Nations Special
Rapporteur, para. 69, Doc. ElCNl199413, 5 may 1993, pp.616Annex No 74, Special Rapporteur, para. 91, Doc. ElCNl199413,
Periodic Report of the United Nations 5 may 1993, pp. 618-619
Annex No 75, Branko Bokan, Bosnian Krajina, War Crimes and the
Crime of Genocide 1991-1992, SANU, Belgrade, 1993, p.292, pp.
620-6211623
Annex No 76. Periodic Report of the United Nations Special
Rapporteur, para. 15, Doc. ElCNl199413,5 May 1993, pp. 625
Annex No 77, Philippe Morillon, "Aucune trace de massacres". Le
Monde, 9 March, pp. 626
Annex No 78, Evidence: Transcript of the taped programme, pp. 627-
6291630-635
Annex No 79, EICN. 41199413,para. 72, Annex, 5 May 1993, pp.
637.
Annex No 80, "TL" independent paper,Tuzla, 26 April 1993, pp.
6391640-641
Annex No 81, "Eradication of the Serbs in Bosnia and Herzegovina
1992-1993", edited by Drago Jovanovic, Gordana Bundalo, Milo3
Govedarica, Rad, Belgrade, 1994, (Annex No 81 is enclosed
separately)
Annex No 82, Zapovijed HOS-alorder of HOS, 21. June 1992, pp.
6421643;
Annex No 83, Lista srpskih stanova pregledana od strane ministarstva
unutragnjih poslovaIList of Serb flats reviewed by the ministry of
interna1affairs, pp. 644-
Annex No 84, "Pakao za SrbeW/Helflor the Serbsl, "VeEernje
novostirThe Evening News, 27 Decembar 1994., pp
Annex No 85, lzjava svedoka S.M.ltestimony of the witness S.M. -
Documentation Centre of the Commissariat for Refugees of the
Republic of Serbia, No. 71100268,pp. 709-7111712-71 4.
Annex No 86, Sixth Periodic report of the United Nations Special
Rapporteur, ElCN.4119941110,of 21 February 1994, para 71-72, pp.
716-717.
Annex No 87, Campaign Against Militarism, Information, February
1994, No. 4,story 16, pp. 719-720.Annex No 88, "Making Peace with the Guilty, The Truth About
Bosnia", Charles G. Boyd, "Foreign Affairs", pp. 721-727.
Annex No 89, Peter Brock, Dateline Yugoslavia: thePartisan Press,
Foreign Policy, Washington, No 93, Winter 1993-94, pp. 728-738.
Annex No 90, "Serbs in Croatia RenounceClaim", "The Manchester
Guardian", Yigal Chazan and lan Traynor, 22 July, pp. 739.
Annex No 91, Evidence: Testimony of V.M., pp 740-7501751-761
Annex No 92, Memorandum of the Serbian Academy of Sciences and
Arts, pp. 762-787
Annex No 93, Statement of Robert McBeth Hayden, 27 August 1996,
pp. 788-803
Annex No 94, Hearing of the House International Relations
Committee, Subject: Foreign Policy, Chaired by: Rep. Benjamin A.
Gilman (Rep., NY); Witness: James Baker, Former Secretaty of Statel
Thursday, January 12, 1995, p. 13 & 14, pp. 804-805
Annex No 95, Samuel Huntington, The Clash of Civilisations and the
Remaking of World Order, New York, 1996, p. 282, p. 807
CHAPTER II
Annex No 96, Slulbeni list SR BIH Official Gazette of the Socialist
Republic of Bosnia-Herzegovina, No. 5190,pp. 808-8101811-812
Annex No 97, IzveStaj O rezultatima izbora poslanika u Vijeée
gradjana SkupStine SocijalistiCke Republike Bosne i Hercegovine,
Sluibeni list SR BiHlReport on the Results of the Elections of
Deputies to the Chamber of Citizens of the Assembly of the SR B-H,
Official Gazette of the Socialist Republic of Bosnia-Herzegovina, No.
42/90, pp. 813-8351836-949;
Annex No 98, Bosnia-Herzegovina, Defence and Foreign Affairs
Handbook, London, 1994, p.135, pp. 950-955.
Annex No 99, D. Maric, Nikada necemo prihvatiti konfederaciju Me
Shall Never Accept a Confederationl Politika, 8 October 1990, p.
9561957.Annex No 100, M.Duric, Objavljena rezolucija muslimanskih
intelektualaca IResolution of Muslim lntellectuals Made Public1
Politika,8 January 1991, p. 958195S.
Annex No 101. Referendum O saniostalnosti BiH IReferendum on the
lndepedence of B-Hl Politika, 31 January 1991, p. 9601961.
Annex No 102, Deklaracija O suverenosti BiH svodi status srpskog
naroda na nacionalnu marijinu IDeclaration or?the Sovereignty of B-H
Reduces the Serbian People to the Status of a National Minorityl
Politika, 21 February 1991, p. 962/963.
Annex No 103, D. Kecman. BiH nija "negde izmedju" IB-H Is Not
Somewhere "ln-betweenUlPolitika, 26 February 1991, pp. 9641965-
966.
An~ex No 104, hA.CariC, SDS Sarâjeva odbija Deklaraciju O
suverenosti BiH ISDS of Sarajevo Rejects the Declaration on a
Sovereign B-HI Politika 27 February 1991, p. 9671968
Annex No 105, Sluibeni list SR Bitil Official Gazette of the SR BH,
NO 21/90, pp. 969-9701971.
Annex No 106, PA.DuriC,M.Caric. Deklaracija upuCena u Saÿet za
nacionalnu ravnopravnos! IDeclaration Qeferred to the Counci! fo!.
National Eqiialityl Politika 28 February 1991, p. 9731973.
Annex No 107, M. Caric, SDA je konaCnoobelodanila svoje prave
namere1SDAHas Fi~ally Revealed Its True Intentions1Politika, 1
March 1991, p. 9741975-976;
Annex No 108, M. CariC, Koga lzetbegovic moie da zastupa u
PredsedniStvu SFR,! Whnm Can lzetbegovic Represent in the
Presidencv of the SFRYI Politika, 1 March 1991, p. 9771978;
Annsx No 189, D. Kecman, Frapantne metamorfoze A. lzetbegovica
/The Amazing Metamorphoses of Pi. lzetbegovi 1 Politika, 1 March
199 1. p. 9791980.
,4nrev j\!?14?; \Ielikni~t~cr-çn\,+ni7. rniting na K~zari /Great
Interest in the Rally on Mt, ~ozar; Politika, 3 March 1991. p.
9811982;
Annex No 11 1, DuSan Kecman, Protiv razbijata zemlje /Against
Those Breaking up the Country1Politika, 4 March 1991, p. 9831984;Annex No 112, Dj.Djukic, OdluCna bitka za Jugoslaviju /The Decisive
Battle for Yugoslavial Politika, 4 March 1991, p. 9851986.
Annex No 113, D. Kecman, KrajiSnici ne priznaju nikakvu suverenu
driavu BiH IKrajina People Do Not Recognise Any Sovereign State of
B-HI Politika, 8 June 1991, p. 9871988
Annex No 114, D. Marié,Srpski narod neéedati Jugoslaviju /The
Serbian People Will Not Give Yugoslavia Upl Politika, 24 June 1991,
p. 9891990.
Annex No 115, Mirko Carie, MiIoSevieumesto lzetbegovica IMiloSevic
lnstead lzetbegoviél Politika, 25 June 1991, p. 9911992.
Annex No 116, A.BrkiC, Regije- kljuE za reSenjejugoslovenske krize
IRegions - the Key to the Solution of the Yugoslav Crisisl Politika, 19
July 1991, pp. 9931994
Annex No 117, M.PeSic, Nema jedinstvenog reSenjaza BiH IThere is
No Single Solution forB-Hl Politika, 18 October 1991, pp. 9951996
Annex No 118, Muharem DuriC, BosanskohercegovaCkakonfederacija
/A Bosnia-Herzegovinian Confederationl Politika, 23 December 1991,
pp. 9971998
Annex No 119, Focus $31192p ,p. 118-119, pp. 9991000
Annex No 120, Muharem Duric, ZajedniCkiiivot u zajednitkoj driavi
/Joint Life in a Joint Statel Politika, 31 July 1991, pp. 100111002-
1004
Annex No 121, M.CariC,Propao pokuSaj SDA da minira sporazum
IAttempt of the Party of Democratic Action to Undermine the
Agreement Failedl Politika, 2 September 1991, pp. 10051006-1007;
Annex No 122. P.Simie, Srpsko-muslimanski sporazum pod
informativnom blokadom ISerb-Muslim Agreement under an
Information Blockadel Politika, 11 August 1991, pp.
100811009
Annex No 123, Muharem DuriC,Abdiceve zamerke lzetbegovicu
What Does Abdic Hold against IzetbegoviClPolitika,2 December
1991, pp. 101011011-1012
Annex No 124, Odluka O osnivanju SkupStine srpskog naroda u
Bosni i HercegovinilDecision on the Establishment of the Assembly of
the Serb People in B-H, pp. 1013-101511016-1017Annex No 125, Decision of the Serb People of B-H to Remain in the
Cornrnon State of Yugoslavia, pp. 1018-101911020
Annex No 126, Muharem Duric, Bosna ostaje u Jugoslaviji IBosnia
Rernains in Yugoslavia/ Politika, 13 November 1991, p. 102111022
Annex No 127, Declaration on the Proclamation of the Republic of
the Serb People of B-H, pp. 1023-102911030-1034
Annex No 128, Decision on the Promulgation of the Constitution of
the Serb Republic of B-H and The Constitution of the Republic of
Srpska, pp. 1035-103911040-1043
Annex No 129, Report of the Secretary General, para 2. Sl24049, 30
May 1992, pp. 1044-1048
Annex No 130, ElCN.411992lS-119,28 August 1992, p.18, pp. 1050
Annex No 131, United Nations Security Council Resolution 942 (1994)
pp. 1052
Annex No 132, the Sarajevo Declaration on the Humanitarian
Treatment of Displaced Persons SI23836 p. 12, pp. 1053-1054.
Annex No 133, The Bosnian-Herzegovinian Cease-Fire Agreement of
12 April, 1992 5123836, p. 11, pp. 1055
Annex No 134, Agreement of 5 June 1992 on the Reopening of
Sarajevo Airport for Humanitarian Purposes, Sl24075, pp. 1056-1057
Annex No 135, Text of the agreement signed at London 17 July
1992 by Mr. Boban, Dr Karadiic and Dr Silajdiic,S124305, p. 1059
Annex No 136, Further Report of the Secretary-General Pursuant to
Security Council Resolution 743, Sl24848, para. 38, pp. 12, 13, pp.
1061-1062
Annex No 137, S125403, 12 March 1993, annexes I to III, pp. 1063-
1068
Annex No 138, Sl25479, 26 March 1993, paras. 14, 17, pp. 4, 5, pp.
1069-1070
Annex No 139, Agreement on the Complete Cessation of Ail Combat
Activities,26233, pp. 9-10, pp. 1071-1072Annex No 140, Agreement on the Termination of the Conflict,
Sl26260, p. 29, p.1073
Annex No 141, the Agreement on Complete Cessation of Hostilities
S1199518,para. 6, pp. 4, 5, p. 1074
Annex No 142, Plan nije prihvacen, sankcije pooStrene/Plan Not
Accepted, Sanctions Tightenedl Politika 27 April, 1993, pp. 1076-
1083
Annex No 143, I.P. Apel SkupStini RS da preispita odlukuO planu
Vensa i Ovena IAppeal to the Parliament of the Serb Republic to
Reconsider Its Decision on the Vance -Owen Plan1Politika, 29 April,
1993, pp. 1084-1085
Annex No 144. SkupStina Republike Srpske ponovo 5. maja
IAssembly of the Bosnian Serb Republic Reconveneson 5 May
IPolitika 30 April, 1993, pp. 108611087
Annex No 145, Nije prihvacen mirovni plan Vensa i Ovena za BiH
Nance - Owen Peace Plan for Bosnia-Herzegovina Not Accepted 1
Politika, 6 May 1993, pp. 108811089
Annex No 146, the Muslims changed their name into Bosniacs).
(General Framework Agreement for Peacein Bosnia and
Herzegovina, Annex 4, Al50n90, SI19951999,pp. 1090-1106
Annex No 147, General Framework Agreement for Peacein Bosnia
and Herzegovina, Annex 1-A, Article 3, A/50h'90, SI19951999,p. 1108
Annex No 148, Presuda Vrhovnog suda Bosne i
HercegovinelSupreme Court of Bosnia and Herzegovina, Judgement
~f. 1208183,Sarajevo, 14 March 1984, pp. 1109-118311 184-1187
Annex No 149, John Pomfret, How Bosnia's Muslims Dodged Arms
Embargo, The Washington Post,22 September 1996, pp. 1188-1193
Annex No 150, Al Watan Al arabi, 4. October 1996, p. 22-23, pp.
1194-1203
Annex No 151, Michael Dobbs, Dispute Holds Up Arms Shipment to
Bosnia, Washington Post, 24 October 1996, p, 1204;
Annex No 152, Christine Spolar, S-Bosnian Dispute Delays the major
Arms Delivery, The Washington Post, 27 October 1996, p. 1205;Annex No 153, Philip Smucker, U.S. 'Meddling' Grating on Bosnia,
Deputy Defence Minister Seen tied To Iran; Americans Want Him
Out, The Washington Times, 3 November 1996, p. 1206-1207
Annex No 154, Alija Izetbegovic, lslamska deklaracija tekst iz 1973.
godine, Islamska deklaracija, Bosna, Sarajevo, 1990.1lslamic
Declaration, pp. 1208-1238, 1239-127011271-1334
Annex No 155, (D. Kecman, Branicemo Bosnu i silom Me Shall
Defend Bosnia with Force Too if Need Bel Politika, 9 July 1990, p.
133511336
Annex No 156 Jeder kampft gegen jeden IEveryone Fighting againse
Everyone Elsel Der Spiegel, 22 July 1991, pp.1337-133811339
Annex No 157, U sluEaju sukoba Muslimani uz Hrvate IMuslims will
Side with Croats in Event of Conflictl Politika, 1 August 1991, pp.
134011341
Annex No 158, Mirko Carié,"Ajanovic i Cengic grubo vredjaju JNA"
IAjanovic and Cengic Rudely lnsult JNAI Politika, 3. October 1991, p.
134211343
Annex No 159, Our Children will L.iberatethe Whole of Bosnia,
lzetbegovic Vows, Iran News, 6 May 1996, p. 1344
Annex No 160, "Bosnie: appel au djihad", DNA, Strasbourg. 25
August 1996, p. 1345
Annex No 161, Bosnia falls short of Dayton terms, Financial Times,
12 June 1996, p. 1346
Annex No 162, "Hardline Islam takes root in the new Bosnia", The
Sunday Telegraph, 18 August 1996, p. 1347
Annex No 163, Chris Hedges, Islam at Election Rallies, The New
York Times, 2 September 1996, pp. 1348-1349
Annex No 164, Laura Silber, Bruc'eClark, Concern Over Arms
Delivery to Bosnia, The Financial Times, 25 October 1996, p. 1350
Annex No 165, Letter of 3 February 1997 from the Permanent
Representative of Bosnia and Herzegovina to the United Nations
addressed to the President of the Security Council,11997199,3
February 1997, pp. 1351-1352Annex No 166, Iz kuca i stanova izbateno 37 srpskih porodical37
Serb families evicted from their houses and flats, NaSa Borba 20
June 1996, p.. 135311354
Annex No 167, Novi egzodus Srba iz SarajevaINew Exodus of Serbs
from Sarajevo, NaSa Borba, 22-23 June 1996, p. 135511356
Annex No 168, Nastavlja se maltretiranje preostalih Srba u
SarajevuIMaltreatment of Serbs in Sarajevo Continued, NaSa Borba,
18 July 1996, p. 135711358
Annex No 169, Muslimanske civile predvodi Naser OricIMuslim
Civilians Led by Naser Oric, Politika, 4 September 1996, p.
135911360
Annex No 170, Chris Hedges, "Bosnia Reported to be ~m'uggling
Heavy Artillery", The New York Times, 8 November 1996, p. 1361-
1362
Annex No 171, Louise Branson, "Bosnian mine plant revealed", The
Sunday Times, 21 April 1996, p. 1363
Annex No 172, Zahtev da BiH utestvuje u radu lslamske konferencije
IDemand for B-H Participation in the Work of the lslamic Conferencel
Politika, 18 July 1991, p. 136411365
Annex No 173, Saraybosna, bayram yasiyor, "Turkey is a brother",
Miliyet, 10 February 1992, pp. 13661367-1368
Annex No 175, Yossef Bodansky, Target America, Shapolsky
Publishers, USA, 1993, pp. 275- 277, pp. 1.70-1375
Annex No 176. Samuel P. Huntington, The Clash of Civilisation and
the Remaking of World Order, New York, 1996, pp. 285-287, pp.
1376-1379
Annex No 177, Jamer Risen, lran Gave Bosnian Leader $500,000,
CIA Alleges, Los Angeles Times, 31 December 1996, pp. 1380-1382
Annex No 178, tan Brigdie, lran Cash Funded Bosnian Election
Victory, Says CIA, The Times, 1 January 1997, p. 1383
Annex No 179, Roger Cohen, Bosnians Fear a Rising Islamic
Authoritarianism, The New York Times, 10 October, 1994, p. 1384
Annex No 180,Anthony Loyd, lslamic Teachers offer Pension in
Return for Jihad, The Times, 22 October 1994, p. 1385Annex No 181, Lubor Zink, Thoughts on Balkan Strife, The Toronto
Sun, 21 July 1993, p. 1386,
Annex No 182, Remy Ourdan, La fin du reve bosniaque, Le Monde,
28 September 1994. pp. 1387-1389,
Annex No 183, R. Cia, L'allarme del neocardinale Puljic "Stanno
islamizzando la Bosnia", Corriere della Sera, 14 November 1994, pp.
139011391-1392
Annex No 184, Report of the Special Rapporteur submitted pursuant
to Commission resolution 1994l72, para 31, EICN.4/1995154,13
December 1994, p. 1394
Annex No 180, Report of the Special Rapporteur submitted pursuant
to Commission resolution 1994l72, para 32, E/CN.411995154,13
December 1994, p. 1396
Annex No 186, Andrew Hogg, Arabs Join in Bosnia War, The Sunday
Times, 30 August 1992, p. 1397,
Annex No 187, Tom Post, Joel Brand, Help from Holy Warriors,
Newsweek, 5 October 1992, , 1398-1399
Annex No 188, Bill Gertz, lranians Move into Bosnia to Terrorise
Serbs, The Washington Times, p. 1400-1401
Annex No 189, Bill Gertz, lranian Weapons Sent Via Croatia, The
Washington Times, p. 1402-1404
Annex No 190, Bill Gertz, Clinton Defends U.S. Inaction on Iran-
Bosnia Deal, The Washington Times, 10 April 1996, p. 1405
Annex No 191, Bill Gertz, lranian Military, Intelligence Remain at
Work in Bosnia, The Washington Times, 19 April 1996, p. 1406
Annex No 192, Philip Smucker, Disputes Delay Aid to Bosnia's
Military, U.S. Concerned about 'Foreign Forces', The Washington
Times, 7 May 1996, p. 1407
Annex No 193, Philip Smucker, NATO Officiais Dispute Iranians' Exit
from Bosnia, The Washington Times, 14 June 1996, pp. 1408-1409
Annex No 194, Philip Smucker, Bosnia Terrorised by Foreign Soldiers
Who Aided Muslims, The Washington Times, 8 August 1996, p. 1410Annex No 195, Chris Hedges, Bosnia Hunting Enernies Down,
Diplomats Say, The New York Times, 25 April 1996, pp. 1411-1412
Annex No 196. Tim Butcher, Bosnia President in Struggle for Control
of Tuzla, The Daily Telegraph, 12 June 1996, p. 1413
Annex No 197, Richard Owen, Bosnian weapons accord hailed, The
Times, 17 June 1996, p. 1414
Annex No 198, Mike O'Connor, Opposition Parties in Bosnia Are
Facing Terror Tactics, The New York Times, 16 August 1996, pp.
1415-1416
Annex No 199, UN Criticises Bosnian Police Over Poll Carnpaign
Violence, The Financial Times, 23 August 1996, p. 1417
Annex No 200, Christopher Bellamy, Bosnia's Former Victims Are
Accused of Poll Terror Tactics, The Independent, 26 August 1996, p.
1418
Annex No 201, Julian Borger, Thugs Kill Bosnia's Election Hopes,
The Guardian, 23 August 1996. p. 1419
Annex No 202, (Robert Fox, lslamic Indoctrination of Army Splits
Bosnian Leadership, The Daily Telegraph, 6 February 1995, p. 1420
Annex No 203, Leonard Doyle, Moslems Slaughter Their Own People,
The Independent, 22 August 1992, p.1421;
Annex No 204, Warren Strobel, Bosnians May Shelled Themelves,
The Washington Times, 23 August 1992, p. 1422;
Annex No 205, Colonel Milanko Cvijovic, StruEna analiza snimaka tv
BiH povodorn dogadjaja u ulici Vase Miskinal Expert Analysis of the
B-H TV Shots of the Event in the Vase Miskina Street -Sarajevo, 25
May 1992, pp. 14231 42811429-1432
Annex No 206, Major General Lewis MacKenzie, Peacekeeper,
Douglas and Mclntyre, Vancouver - Toronto, 1993, pp. 193, 194, pp.
1433-1437
Annex No 207, Reuters, 19 February, 1994, p. 1438,
Annex No 208, David Binder, Anatorny of a Massacre, The Foreign
Policy, Winter 1994 - 1995, pp. 1439-1447Annex No 209, Pazit Ravina, Was there a Shell in the Sarajevo
Marketplace, Davap, February 16, 1994, pp. 1448-1450
Annex No 210, Bosnian Threatens Poison Gas Against Serb Forces,
The New York Times, 31 October 1992, p. 1451
Annex No 211, ProglaSena Republika Zapadna BosnaIThe Repubiic
of Western Bosnia Proclaimed, Politika, 27 July 1995, pp. 145211453
Annex No 212, Samuel P. Huntington, The Clash of Civilizations and
the Remaking of World Order, New York, 1966, pp.268 -270, pp.
1455-1457
Annex No 213, Bosna je okupirana - Al' ne zadugolBosnia Occupied
- But Not for Long1Novi Vox, Sarajevo, No.3, October 1991, pp.
145811459-1460
Annex No 214, Patriotska poezija IPatriotic Poetryl Novi Vox, Na. 3,
October 1991, pp. 1461-146211463-1466
Annex No 215, "Citulje" P'Obituaries"1Novi Vox, No. 3, October 1991,
pp. 1468-146911470-1472
Annex No 216, Branit cemo granice na Drini Ne Wili Defend Our
Border on the Drina1Novi Vox, No. 3, October 1991, pp. 1473-
147511476-1480.
Annex No 217, Odluka O formiranju muslimanske narodne garde
IDecision on the Formation of the Muslim National Guard, pp.
148111484,
Annex No 218, Uvodi se Hajvan vagon ISpecial Animal Cars To Be
Introduced, pp. 148511486-1487
Annex No 219,~ele-~ula rrower of Skullsl lgre IGamesl, pp. 1488-
148911 492
Annex No 220, M. JakSic, "KuEan prva veza" IKuEan the First
Connectionl Politika,14 July 1994, pp. 149311494-1495
Annex No 221, Drago Maric, Uzaludni pokusaji da se omoguci prolaz
vojnom konvoju IUnsuccessful Efforts to Enable Army Convoy to
Passl Politika, 9 May 1991, pp. 14961497
Annex No 222, Granice izmedju BiH i Hrvatske polako se tope
/Border between B-H and Croatia Slowly Meltingl Politika, 16 May
1991, pp. 149811 499-1500 Annex No 223, M. Caric, Hrvatska se grubo uplice u poslove
suverene BiH ICroatia's Interference in the Interna1Affairs of
Sovereign Bosnial Politika, 14 May 1991, pp. 150111502
Annex No 224, lzetbegovic demantuje Kljuica Ilzetbegovic contradicts
Kljuica 1 Politika, 9 May 1991, pp. 15031504
Annex No 225, Mirko Caric, Pogledi uprti u BiH IEyes Turned
towards Bosnia-Herzegovinal Politika, 11 June 1991, pp. 15051506
Annex No 226, DuSan Kecman, Veliki ratni okrSaj na Savi /Big
Arrned Clash on the Saval Politika, 19 August 1991, pp. 150711 508-
1509
Annex. No 227, D. Kecrnan, Ponovo napadnutaBosanska Kostajnica
IBosanska Kostajnica Attacked Againl Politika, 1 September 1991, pp.
151011511
Annex No 228, Muharem Duric, Protiv haosa u BiH IAgainst Chaos in
B-Hl Politika, 6 September 1991, pp. 151211513
Annex No 229, D. Kocic, Prete ruSenjem mosta kod Zvornika rrhreats
to Destroy Zvornik Bridge1Politka, 29 September 1991, pp.
151411515
, Annex No 230, Predsednik PredsedniStvaBiH povredio Eitav niz
ustavnih i zakonskih normi IPresident of the B-H Presidency Violated
Several Constitutional and Legal Provisions1Politika, 8 October 1991,
pp. 151611517-1518
Annex No 231, Memorandurn-pismo O namjerama, Sluibeni list
SocijalistiCke Republike Bosne i HercegovinelMemorandum-Letterof
Intent-lofficial Gazette of SR BiH, No. 32, 16 OMober 1991, i
PlatforrnaO poloiaju BiH i buduCernustrojstvu jugoslovenske
zajednice IPlatforrn on the Status of B-H and the Future Set-up of the
Yugoslav Cornmunityl 54315,pp. 1519-152011 521-1523;
Annex No 232, Muharem Duric, Mirko Caric, Bosna se podelila
IBosna Dividesl Politika, 16 October 1991, pp. 15241525-1527
Annex No 233, M. Duric, Nezavisnost BiH rnirno volje srpskog naroda
ISovereignty of B-H against Will of Serb People1Politika, 17 October
1991, pp. 152811529
Annex No 234, Srbi su izabrali plebiscit /The Serbs Have Chosen a
Plebiscitel Politika 27 October 1991, pp. 15301531-1535Annex No 235, Cengic inforrnisao Dernirela O Bosni ICengic lnforrned
Demirel on Bosnid Politika, 16 Novernber 1991, pp. 153611537
Annex No 236, Staternent of DragoS StojCinovic to the tearn of
experts forcollecting and processing evidence on crimes against
hurnanity and international law, of 5 May 1994, Medical
Documentation, pp. 1538-1542/1543-1547, 1548-155011553
Annex No 237, D.K. Na rneti Celnici SDS ISDS Leaders Attackedl
Politika, 1 Decernber 1991, pp. 155411555
Annex No 238, D.K. Tri diverzije u srpskirnlokalirna frhree
Sabotages in Serb-owned Restaurants1Politika, 15 Decernber 1991,
pp. 155611557
Annex No 239, Ubistvo na Ba5 CarSiji IMurder in BaS CarSijd
Politika, 2 March 1992, pp. 155811559
Annex No 240, M. Caric, M. Duric, Nove napetosti IRenewed
Tensions1 Politika, 4 March 1992, pp. 156011561-1562,
Annex No 241, M. Duric, Bosna: Dogovor u poslednji Cas IBosnia:
Last Minute Agreement, pp. 156311 564-1567
Annex No 242, Muammer Elveren, lslarnic Rarnbos, Hurriyet, 30
March 1992, Muarnrner Elveren, Password of Rambos
Selarnunaleykurn, Hurriyet, 31 March 1992, pp. 15681569 -157011 571-
1572
Annex No 243, Radovan Pavlovic, Pod oruijern 50.000 Clanova HDZ
i SDA 150.000 Mernbers of HDZ and SDA Are Arrnedl Politika, 4
March 1992, pp. 157311 574-1575
Annex No 244, Mirjana Kuburovic, Rata se svi plaSe IEverybody Is
Afraid of Warl Politika 7 April 1992, pp. 157611577-1579
Annex No 245, "Sarajevo Declaration of the Humanitarian Treatrnent
of Displaced Persons", Sl23836, p. 12, pp. 1580-1581
Annex No 246, Testirnony of the witness S.J., pp. 158211 -1582195
Annex No 247, Testimony of the witness R.B., pp. 1582196-15821129
Annex No 248, Testirnony of the witness R.M., pp. 15821130 -
158211 40Annex No 249, Testimony of the witness M.G., pp. 15821141 -
15821151
Annex No 250, Testimony of the witness K.D., pp. 15821152 -
15821171
Annex No 251, Testimony of the witness G.D., pp. 15821172 -
15821187
Annex No 251a, Testimony of the witness S.N., pp. 15821188 -
15821197
Annex No 251b, Testimony of the witness R.K., pp. 15821198 -
15821205
Annex No 251c, Testimony of the witness M.D., pp. 15821206-
1582121 9
Annex No 251d, Testimony of the witness K.G., pp. 15821220 -
15821227
Annex No 251e, Testimony of the witness K.N., pp. 15821228- -
15821232
Annex No 252, Testimony of the witness D.S., pp. 15821233 -
15821254
Annex No 253, Naredba PredsedniStvaSFRJ od 9. januara 1991 O
rasformiranju svih oruianih sastava koji nisu u sastavu jedinstvenih
oru anih sastava SFRJ ili organa unutra njih poslova 1The Order of
the Presidency of the SFRY of 9 January 1991 on the disbanding of
al1armed formations not within the united armed forces of the SFRY
or of interna1affaires authoritiesl, pp. 1583-15586-1588
Annex No 254, Suprotstavit cemo se svim sredstvima NVe Will
Oppose with All Meansl Borba, 11 January 1991, pp. 158911 590
Annex No 255, Radoje Arsenic, Mesic javno priznao uvoz oruija
IMesic Publicly Confessed to the lmport of Weaponsl Politika, 21
January 1991, pp. 159111592
Annex No 256, Odluka O ocenjivanju ustavnosti DeklaraciOe
suverenosti driave Republike Slovenije, 10 January 1991, /Provisions
of the Declaration on the Sovereignity of the Republic of Slovenia on
the Legal Superiority of the Republican Constitution and Statutes over
the SFRY Constitution and Federal Statutes are not in Conformitywith the SFRY Constitution and are in Contravention of Federal
Statute --Decisionl, pp. 1593-15951596-1601,
Annex No 257, Odluka O ocenjivanju ustavnosti rezoluciOepredlogu
za sporazumno razdruiivanje SFRJ, 2 October 1991, 1 Decision on
the constitutionality of the Resolution on theposal for Consensual
Disunion of the Socialist Federal Republic of Yugoslavial, pp. 1602-
160311604-1609,
Annex, No 258, Odluka O ocenjivanju ustavnosti Deklaracije povodom
nezavisnosti, 9 October 1991, IDecision on the constitutionality of the
Declaration on the Occasion of Independence1pp. 1610-161111 612-
1615
Annex No 259, ZakljuCci Saveznog veca SkupStine SFRJ 1
Conclusions of the Federal Chamber of the Assembly of the SFRYI
Official Gazette of the SFRJ, No. 47, 25 June 1991, pp. 16161617
Annex No 260, Odluka O ocenjivanju ustavnosti Temeljne ustavne
povelje O samostalnosti i nezavisnosti Republike Slovenije, IDecision
on the constitutionality of the Basic Constitutional Charter on the
Autonomy and lndependence of the Republic of Slovenial pp. 1618-
162011621-1625,
Annex No 261, Odluka O ocenjivanju ustavnosti Ustavnog zakona za
sprovodjenje Temeljne ustavne poveljeO samostalnosti i nezavisnosti
Republike Slovenije 16 October 1991, /Decision on the
constitutionality of the Basic Constitutional Charter on the
Enforcement on the Constitutional Act on the Autonomy and
lndependence of the Republic of Slovenial pp. 1626-16281629-1635
Annex No 262, Odluka O neposrednom obezbedjivanju izvrSenja
saveznih propisa O prelaienju driavne granice na teritoriji Republike
Slovenije IDecision on Direct Action to Ensure the lmplementation of
Federal Regulations on the Crossing of State Borders in the Territory
of the Republic of Slovenial, NaredbaO zabrani uspostavljanja
takozvanih granitnih prelaza unutar teritorije SFRJ IOrder Banning the
Setting Up of So-Called Border Crossing Points lnside the Territory of
the SFRYI Official Gazette of the SFRJ, No. 47, 25 June 1991, pp.
1636-163711638-1639
Annex No 263, The List of Soldiers and Officers of the JNA Killed in
the War in Slovenia, pp. 1640-164211643-1646
Annex No 264, Povrede humanitarnog prava utinjenih od strane
pripadnika TO Republike SlovenijeNiolations of Humanitarian Law byMembers of the Territorial Defence of the Republic of Slovenia,
Cornmittee Doc No 587194,pp. 1647-165311654-1660
Annex No 265, Radoje Arsenic, Pod starom zastavom IUnder the Old
Flagl Politika, 20 January 1991, pp. 166111662
Annex No 266, Odluka O ocenjivanju ustavnosti Ustavne odlukeO
suverenosti i samostalnosti Republike Hrvatske od 16. oktobra 1991
IDecision on the Sovereignty of the lndependence Decision on
Sovereignity and Autonomy of the Republic of Croatia, 16 October
19911, pp. 1663-166411665-1669,
Annex No 267, Odluka O ocenjivanju ustavnosti DeklaracijO
proglasenju suverene i samostalne Republike Hrvatske od 13.
novembra 1991, IDecision on the constitutionality of the Declaration
on the Proclamation of the Sovereignty and lndependence of the
Republic of Croatia, 13 November 19911 pp. 1670-167211673-1679
Annex No 268, Odone Talpo: Dalmazia. Una Cronaca per la storia
1941, Officia1edition of the ltalian General Staff, Roma 1985, pp.
168111682-1683
Annex No 269, Branko J. Bokan, Genocide of the Serbs of Bosnian
Krayina 1941-1945, European letter Itd., Beograd 1996, (Annex 269 is
enclosed separately)
Annex No 270, Edmond Paris, Convert or Die, Catholic Persecution
in Yugoslavia during World War II, Chick Publications (USA), p. 80-
85, pp. 1684-1690;
Annex No 271, Avro Manhattan, The Vatican Holocaust, The
sensational account of the most horrigying religious massacre of the
20th Century (USA), 1988, p. 68-69, 74-75, 78-81, pp. 1691-1700
Annex No 272, Genocid u Nezavisnoj driavi Hrvatskoj 1941. -
Skrivana stvarnostlGenocide in the lndependent State of Croatia
1941-Hidden Reality, Military History lnstitute Belgrade, Military History
Gazette 1-211994, pp.79-104, pp. 1701-172711 728-1756
Annex No 273, Declaration on Yugoslavia, Extraordinary EC
Ministerial Meeting, Rome, 8 November 1991, Sl23203, pp. 2,3, pp.
1757-1758
Annex No 274, Letter dated 10 December 1991 from the Secretary-
General of the United Nations addressed to the Minister for Foreign
Affairs of the Netherlands,Sl23280, pp. 21,22, pp. 175911760 Annex No 275, Odluka O priznavanju driavnosti1Decision on the
recognition of statehood,Official Gazette SR B-H, 1991, No. 37, p.
1085, pp. 176111762
Annex No 276, Odluka O podnogenju zahteva za priznavanje SR BiH
kao nezavisne dr.2avelDecisionon Submitting a Request for the
Recognition of the Socialist Republic of Bosnia and Herzegovina as
an lndependent State, Official Gazette SR B-H, 1992, No. 4, p. 96,
pp. 176311764
Annex No 277, Muharem Duric, Zajedno ili deobe rrogether or
Dividedl Politika, 21 December 1991, pp. 176511756-1767
Annex No 278, Odluka O referendumu bez srpskih poslanikalDecision
on Referendum without Serb Deputiesl Politika 26 January 1992, pp.
176811769-1771
Annex No 279, Priznavanje Bosne tragiCna greSkaIRecognition of
Bosnia -a Tragic Mistakel Politika, 27 September 1992, pp.
177211773
Annex No 280, Un entretien avec M. Francois Mitterrand, Le Monde,
' 9 fevrier 1993, pp. 1774
Annex No 281, Statement to Globus Magazine, Zagreb, 5 March
1993, pp. 1775-177911780
Annex No 282, Henry A. Kissinger, "ln Bosnia Peacekeeping Forces
Will be Peacemakers" Los Angeles Times, 16 May 1993, pp. 1783
Annex No 283, Statement to US Today, 17 June 1993, pp. 1786-
1792
Annex No 284, Statement to the "LIEuropeo", 18 June 1993, pp.
1793-179411795
Annex No 285, Statement to AFP, 19 June 1993, pp. 1796
Annex No 286, ElCN.411992lS-119,28August 1992, p. 18, pp. 1798
Annex No 287, OSCE Mission to Bosnia and Herzegovina,
ELECTIONS in Bosnia and Herzegovina, Final Official Results,
Vienna, 8 October 1996, pp. 1799-1827
CHAPTER IIIAnnex No 288, Odluka PredsedniStva SFRJ O premestanju jedinica
JNA sa teritorije Slovenije u drugeelove SFRJ i poruka javnosti u
vezi sa timlDecision of the SFRY Presidency on Relocation of JNA
Units from the teritory of Slovenia to other Parts of the SFRY and
related Massage to the Public, pp. 1828-183111832-1835
Annex No 289, M. Krstic, PodrSka nastavku razgovora O BiH u
Lisabonu /Support for the Continuation of Talks on Bosnia-
Heryegovina in Lisbonl Politika, 27 April 1992, pp. 1836837-1838,
Annex No 290, Minutes of the SFRY Presidency 195th Session of 27
April 1992,pp. 1839-184011841-1842
Annex No 291, Report of the Secreatry-General Pursuant to
Paragraph 4 of Security Council Resolution 752 (1992), Sl24049, 30
May 1992, pp. 1843-1847
Annex No 292, Zapisnici sa 197 Sednice PredsedniStva SFR
Jugoslavijel Minutes of the 197th Session of the Presidency of SFR
Yugoslavia held on 4 May 1992, pp. 1848-185011 851-1852
Annex No 293, D.M. S.D. Poginulo Sest pripadnika rezervnog sastava
the JNA /Six the JNA Reservists Killedl Politika, 24 March 1992, pp.
185311854
Annex No 294, M. Duric, Pucnji od mora do Bosanskog Broda IShots
from the Sea to Bosanski Brod1Politika 25 March 1992, pp.
185511856-1857
Annex No 295, M. Duric, Opet sukobi i barikade, IConflicts and
Barricades Againl Politika, 2 April 1992, pp. 1858859-1860
Annex No 296, P. Simic, Gradske borbe u Bijeljini IFighting in the
City in Bijeljinat Politika, 2 April 1992, pp. 186111862-1863
Annex No 297, D. Kecman, Napad na kasarnu the JNA u Derventi
IAttack on the the JNA Barracks in Dervental Politika, 26 April 1992,
pp. 186411865-1866
Annex No 298, The testimonies of the JNA members about the
mentioned attacks on the JNA in Sarajevo, pp. 186711-9(Witness
L.M.), 1867110-14(Witness S.D.), 1867115-19(Witness S.M.),
1867120-23(Witness R. P.), 1867124-26(Witness G.B.), 1867127-28
(Witness f.G.), 1867129-31(Witness I.S.)
Annex No 298, pp. 186711 -9 (Witness L.M.), 186710-14 (Witness
S.D.), 1867115-19(Witness S.M.), 1867120-23(Witness R.P.),1867124-26(Witness G.B.), 1867127-28(Witness f.G.), 1867129-31
(Witness I.S.)
Annex No 299, Minutes of the hearing of witness: S. B., pp. pp.
1868-187811879-1 888;
Annex No 300, witness Milutin Kukanjac, pp. 1889-191111912-1933,
Annex No 301, Major General Lewis MacKenzie, Peacekeeper,
Douglas & Mclntyre, Vancouverï~oronto 1993, pages 164-171, pp.
1934-1942
Annex No 302, Focus: Documents 92 p. 88, p. 1943
Annex No 303, R.K. Borbe posle masakra IFighting after the
Massacre1Politika, 5 May 1992, pp. 194411 945-1946,
Annex No 304, D. StevanoviC, Napadnuta kasarna "MarSal
Tito"rlMarshal Tito" Army Barracks under AttacW Politika, 31 May
1992, pp. 194711948
Annex No 305, Testimony of the JNA soldiers: R. Dj., D.V., J.J.,
Dj.R., . .,V.M., pp. 1949-1953 (Witness R.R.Dj.), 1954-1958 (Witness
V.D.), 1959-1962 (Witness J.J.), 1963-1970 (Witness R.Dj.), 197-
19780 (Witness B.V.I.), 1981-1988 (Witness M.V)
Annex No 306, Report of the Secretary-General, SI23844 of 24 April
1992, pp. 1990
Annex No 307, The situation in Bosnia and Herzegovina, Report of
the Secretary-General, p. 1992
Annex No 308, Sixth US Submission, Sl25393, 10 March 1993, p.
10, p. 1994
Annex No 309, "War Crimes Prosecutor Says U.S. Information
Insufficient", Michael Dobbs, "The Washington Post", November
1995, p. 1995
Annex No 310, Declaration adopted on 27 April 1992 at the joint
session of the Assembly of the SFR of Yugoslavia, the National
Assembly of the Republic of Serbia and the Assembly of the
Republic of Montenegro, Sl23877, 5 May 1992, pp. 1996-1998
Annex No 311, Apel za prekid oruianih sukoba u BiH 1Appeal for
the Cessation of Armed Conflicts in B-Hl Politika, 19 May 1992, pp.
199912000Annex No 312, Humanitarna pomoc za BiH preko teritorije SRJ 1
Humanitarian Aid for B-H through the territory of theRY1Politika 26
May 1992, pp. 200112002-2004
Annex No 313, Vlada Srbije osudjuje razaranje Sarajeva 1The
Government of Serbia Condemns the Destruction of Sarajevo1
Politika, 9 June 1992, pp. 200512006
Annex No 314, Darko Ribnikar, Za hitan prekid vatre i trojni
konsenzus u BiH 1 For an Urgent Cease-Fire andTripartite
Consensus in B-Hl Politika, 26 June 1992, pp. 200712008-2010
Annex No 315, Report of the Secretary-General on the International
Conference on the Former Yugoslavia, 5124795,Annex 1,11
November 1992, pp. 34/36, pp. 2011-2014
Annex No 316, ~e~ort of the Secretary-General on the International
Conference on the Former Yugoslavia, 5124795,Annex II, 11
November 1992, pp.37, 38, pp. 2015-2017
Annex No 317, Report of the Secretary-General Pursuant to Security
Council Resolution 781 (1992), Sl24767, 5 November 1992, pp. 2018-
2021,
Annex No 318, Report of the Secretary-General Pursuant to Security
Council Resolution 743 (1992), Sl24848, 24 November 1992, para.
41, pp. 13, 14 pp. 2022-2025
Annex No 319, Z. ~uvakovic, Jugoslavija za okonCanje ratau Bosni i
Hercegovini 1Yugoslavia in favour of the Cessation of the War in
Bosnia and Herzegovinal Politika, 19 October 1992, pp. 202612027
Annex No 320, Joint Statement of 19 October 1992 issued by
presidents cosi~ and Izezbegovié,Sl24795, 11 November 1992, pp.
41, 42, pp. 2028-2029
Annex No 321, Statement by Mr. llija Djukic, Federal Minister for
Foreign Affairs of the Federal Republic of Yugoslavia at the Security
Council Meeting, held on 16 November 1992, SlPV.3137, pp.67-70,
pp. 2030-2032
Annex No 322, Poruka tri predsednika SkupStini RSI The massage of
three Presidents to the Assembly of the Republic of Srpska, Politika
27 April 1993, pp. 203311-2 -203313-6Annex No 322a, SaopStenje Vlade Republike Srbijel The Statement of
the Governement of the Republic of Serbia, 6 May 1993, pp. 203317-
203318
Annex No 322b, Prekid ekonomskih i politiEkih odnosa sa RS
ISeverance of Economic and Political Relations with RS IPolitika, 5
August 1994, pp. 203412035
Annex No 323, Two letters by the President of the Republic of
Serbia, Slobodan MiloSevic, dated 1 August 199513 August 1995,
SI19951643,pp. 2036-203712038
Annex. No 324, The sixth periodic report on the situation of human
rights in the territory of the former Yugoslavia submitted by Mr.
Mazowiecki, the Special Rapporteur of the Commission on Human
Rights, pursuant to para. 32 of Commission Resolution 1993/7 dated
23 February 1993, ElCN.4119941110,21 February 1994, p. 39 para.
256, pp. 2040-2041;
Annex No 325, Dopis Komesarijata za izbeglicenhe Letter of the
Commissioner for Refugees of the Republic of Serbia No. 9-20411,2
February 1995, pp. 2042-204712048-2052
Annex No 326, Refugees in Serbia, No. 7. Belgrade, 10 May 1993,
pp. 2054-2055
Annex No 327, ViSe stotina muslimana iz istoEne Bosne izbeglo na
teritoriju SrbijelSeveral Hundred Muslirns from Eastern Bosnia Fled to
the Territory of Serbia, Politika, 2 August 1995, pp. 205612057
Annex No 328, Letter of the United Nations High Commissioner for
Refugees of 10 November 1994, pp. 2058-2059
Annex No 329, ReSenje Okrulnog suda u Novom Sadu, posl. br. KV-
193196,7. jun 1996. godine, Decision of the District Court in Novi
Sad, No. KV-193196,7 June 1996 pp 2060-206112062-2064
Annex No 330, lnternational Tribunal for the Prosecution of Persons
Responsible for Serious Violations of lnternational Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991,
Decision of 29 May 1996 in the Matter of a Proposal for a Forma1
Request for Deferral to the Competence of the lnternational Tribunal
Addressed to the Federal Republic of Yugoslavia in the Matter of
Draien Erdemovic, Case No. IT-96-22-D, p.2073
Annex. No 331, Okrufni sud u Novorn Sadu, lstrafno odeljenje, Posl.
br. Ki 60190, ReSenje od 24 juna 19961District Court in Novi Sad,Crirninal Investigations Departrnent, No, Ki 60190, Decision of 24 June
1996, p. 2075-207612077
CHAPTER IV
Annex No 332, Statute of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of
International Hurnanitarian Law Cornrnitted in the Territory of the
Former Yugoslavia since 1991, adopted by the UN Security Council
by its resolution 827 on 25 May 1993, Article 4, p. 2079
Annex. No 333, Thirteenth Report on the Draft of Crimes against the
Peace and Security of Mankind (AlCN.41466,24 March 1995, pp.
15-17, pp. 2081-2083
Annex No 334, Officia1 Records of the Third Session of the General
Assernbly, Part 1, Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, p. 143, p.
2085
Annex. No 335, Officia1 Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornmittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, p. 145, p.
2087
Annex No 336, Study of the Question of the Prevention and
Punishrnent of the Crime of Genocide, Study prepared by Mr.
Nicoderne Ruhashyankiko, Special Rapporteur, ElCN.4lSub.21416, 4
JUIY1978, pp. 13,14, pp. 2089-2090
Annex No 337, Study of the Question of the Prevention and
Punishrnent of the Crime of Genocide, Study prepared by Mr.
Nicoderne Ruhashyankiko, Special Rapporteur, ElCN.41Sub.21416,4
July 1978, pp. 25,26, pp. 2092, 2093
Annex No 338, Officia1 Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornmittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, p. 95, p.
2095
Annex No 339, Officia1 Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 December 1948, p. 97, p.
2097
Annex No 340, Letter dated 20 Decernber 1994 frorn the President of
the Serb Civil Council of the Republic of Bosnia and Herzegovina tothe President of the Security Council, Sl199411444, 22 December
1994, pp. 2098-2103
Annex. No 341, Report of the Secretary-General on the Activities of
the lnternational Conference on the Former Yugoslavia,Sl25050, 6
January 1993, pp. 14,15, pp. 2104-2106
Annex No 342, Ad hoc Committee on Genocide, commentary on
articles adopted by the Committee. (continuation), EIAC. 25Ml.
1lAdd.1, 27 April 1948, pp. 2109
Annex No 343, Official Records of the Third Session of the General
Assembly, Part 1,Legal Questions, Sixth Committee, Summary
Records of Meetings 21 September - 10 Decernber 1948, p. 259, p.
2114
Annex No 344, Official Records of the Third Session of the General
Assembly, Part 1,Legal Questions, Sixth Committee, Surnmary
Records of Meetings 21 September - 10 December 1948, p. 234, pp.
2116
Annex No 345, Official Records of the Third Session of the General
Assembly, Part 1,Legal Questions, Sixth Committee, Surnmary
Records of Meetings 21 September - 10 December 1948, p. 244, p.
2118
Annex No 346, Official Records of the Third Session of the General
Assembly, Part 1,Legal Questions, Sixth Committee, Summary
Records of Meetings 21 September - 10 December 1948, p. 184,
2120
Annex No 347, Official Records of the Third Session of the General
Assembly, Part 1,Legal Questions, Sixth Cornrnittee, Summary
Records of Meetings 21 September - 10 December 1948, p. 186, p.
2122
Annex No 348, Shigeru Oda, The lndividual in lnternational Law,
Manual of Public lnternational Law, edited by Max Sorensen, London,
Melbourne, Toronto, 1968, p. 517, p. 2124
Annex No 349, Ad Hoc Committee on Genocide, Summary Record of
the Fourth Meeting, EIAC. 25lSR.4, p. 8, 15 April 1948, p. 2127
Annex No 350, Official Records of the Third Session of the General
Assembly, Part 1,Legal Questions, Sixth Committee, Sumrnary
Records of Meetings 21 September - 10 December 1948, pp. 314,
315, p. 2129-2130Annex No 351, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, p. 342, p.
2132
Annex No 352, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Committee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, p. 344, p.
2134
Annex No 353, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 September - 10 Decernber 1948, p. 355, p.
2136
Annex No 354, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, pp. 207,
208, 209, p. 2138-2140
Annex No 355, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, pp.
701-702, pp. 2142,2143
Annex No 356, The Genocide Convention, Hearing beforethe
Cornrnittee on Foreign Relations United States Senate, Washington,
1982, pp. 24-25. pp. 2145-2146
Annex No 357, Hudson, The Twenty-Ninth Year of the World Court,
45 Arnerican Journal for lnternational Law, 1951, 1, pp. 33,34, quoted
by Marjorie M. Whiternan, Digest of lnternational Law, Washington,
1968, vol. 11, p. 857, p. 2148
Annex No 358, United States Senate, Cornrnittee on Foreign
Relations, Hearings before the Subcornrnitteeon the lnternational
Convention on the Prevention and Punishrnent of the Crime of
Genocide, 1950, Washington, 1950,pp. 12, 13, p. 2151
Annex No 359, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, Surnrnary
Records of Meetings 21 Septernber - 10 Decernber 1948, pp. 394,
395, pp. 2153-2154
Annex No 360, Official Records of the Third Session of the General
Assernbly, Part 1,Legal Questions, Sixth Cornrnittee, SurnrnaryRecords of Meetings 21 September - 10 December 1948, p. 406, p.
2156
Annex No 361, YILC, 1971, vol. II, Part One, p. 268, p. 2157
CHAPTER V
Annex No 362, I.C.J. Reports, 1980, p. 29, p. 2160
Annex No 363, I.C.J. Reports, 1980, pp. 29,30., p. 2162-2163
Annex No 364, Award No. 312-11135-3, paras. 34, 35. pp. 13, 14, p.
2165-2166
Annex No 365, I.C.J. Reports, 1980, p. 35, p. 2168
Annex No 366. I.C.J. Reports, 1980, p. 34, p. 2170-2171
Annex No 367. .C.J. Reports 1986, p. 64, para. 113, 114 p. 213-
2174
Annex No 368, I.C.J. Reports 1986, p. 61, para. 106, p. 2176
Annex No 369, I.C.J. Reports 1986, p. 62. 63, paras 110, 111, pp.
2178-2179
Annex No 370, I.C.J. Reports 1986, p. 62, para. 112, p. 2181
Annex No 371, I.C.J. Reports 1986, pp. 64, 65, para. 115,pp. 2183-
2184
Annex No 372, RILC, 1978, pp. 245, 246, pp. 2186-2187
Annex No 373, RILC, 1978, pp. 243, 251, 254, 255, pp. 2190-2192
Annex No 374, RILC, 1979, pp. 248, 263, pp. 2195
CHAPTER VI
Annex No 375, I.C.J. Reports 1986, p. 40, para. 62, p. 2197
Annex No 376, I.C.J. Reports 1986, p. 66, para. 117, p. 2199
Annex No 377, 1C.J.Reports 1986, pp. 40, 41, para. 63, pp 2200-
2201Annex No 378, Peter Brock "Greater Serbia" vs the Greater Western
Media, Mediterranean Quarterly, Vol. 6 No.1, winter 1995, pp. 49 -
68, pp. 2202-2222
Annex No 379, Barry Janes, A New Flash Point in Bosnia,
International Herald Tribune, Paris, 3 May 1994, p. 2223
Annex No 380, I.C.J. Reports 1986, p. 41, para. 63, pp. 2225
Annex No 381, I.C.J. Reports 1949, pp. 16-17)". (I.C.J. Reports 1986,
p. 42, para. 68, p. 2227
Annex No 382, I.C.J. Reports 1986, pp. 34, 35, para. 74, pp. 2229-
2230
Annex No 383, Nicaragua vs. United States of America), 1.C.J
Reports 1984, p. 437, para. 101, p. 2232
Annex No 384, Geoffrey Robertson, QC, War Crimes Deserve a Fair
Trial, The Times, 25 June 1996, p. 2233
Annex No 385, The Letter of President Cassese of 10 January 1997
sent to Mr. Kofi Annan, Secretary-General of the United Nations, p.
2237
Annex No 386, International Criminal Tribunal for the Former
Yugoslavia, Press Release, The Hague, 1 February 1995, p. 2240
CHAPTER VI1
ANNEX No C 160
Page 1. Photo 1. Milojka Mitrovic
Page 1. Photo 2. Simo Tanasijevic
Page 2. Photo 3. Milutin MiloSevic
Pages 3 - 7. Photos 4 - 13. Column of Serb refugees attacked by
the Muslim forces near the village of Kukavica.
Page 8. Photo 14. NebojSa Jovanovic
Page 8. Photo 15. Vlastimir PetrovicPages 9 -13. Photo 16 - 25. Kostadinka GrCic, Petar GrCic, Darko
Koroman and Stojka Koroman
Page 14 -20. Photos 26 - 32. Milorad KontiC (26), Spiro Bosnic (27),
Todor Dragoljevic (28), Nedeljko JarCevic (29), Trifko Pavlovic (30),
Stevo Lugonja (31), 1-azoKontiC (32)
Page 21. Photo 33. Simo Sprerno
Page 22. Photo 34. Bodies of the killed Serbs from the villages of
Gornji getici, Klis and Pantici.
Page 22. Photo 35. Elosiljka Lukic
Page 23. Photo 36. Cvija Prelovac
Page 23. Photo 37. 14detail - back of the neck of Cvija Prelovac, an
old woman.
Page 24. Photo 38. Drago Erdelic
Page 24. Photo 39. Saveta Vitkovic
Page 25. Photo 40. llija ViSnjevac
Page 25. Photo 41. Vtojin DraSkovic
Page 26. Photo 42. The headsof the Serb Blagojevic Blagoje, Djuric
Brana and Petkovic Nenad cut off by the Mujahhedin.The foot of a
Mujahhedinon a fighter's headat the momentthe photographwas taken.
Page 26. Photo 43. Mujahhedin holding a head of one of the three
Serbs. In the rightcorner of this photographanother Mujahhedin watches
the scene.
Page 27. Photo 45. ClestroyedOrthodox church in June 1992 in the
village of Trnovo.
Page 27. Photo 46. The remainsof the icons destroyedin the Orthodox
church in Trnovo.
Page 28. Photo 47. Exhumed body of Popovic Nedjo, priest of the
Orthodox church in Trrmvo who was tortured and killed on 10 June
1992.
Page 28. Photo 48. Burial of priest PopoviCNedjoM-7 T.B. Male, 30 years old. Captured on 8 May 1992. Held in
several camps till 5 November 1992. He was beaten from the
moment he was captured, stabbed with a knife, forced to dig
trenches on the front line during which he was injured by a shell.
Page 44. Picture No.1 Scar on the right shin after a blast injury -
from shell fragments.
Page 45. Picture No.2 Scar on the left knee after a blast injury -
from a shell fragment.
M-15 B.S. Male, 42 years old. Captured on 8 May 1992. Held in
many camps till 7 October 1992. Tortured, heavily beaten, cut with a
knife, forced to dig trenchesduring which he was injured by a shell
fragment.
Page 46. Picture No.1 Scar on the back after a cut with a knife.
Page 47. Picture No.2 Scars on the legs after shell injuries.
M-16 T.M. Male, 24 years old. Captured on 8 May 1992. Held in
several camps and released on 7 October 1992. Forced to dig
trenched on the front line during which he was injured.
Page 48. Picture No.1 Scar on the left hip after a blast injury.
Page 49. Picture No.2 Scar on the arm after shell fragments.
5-1 P.B. Male, 40 years old. Captured on 09.05.1992, detained in
several camps, released on 22.06.1993. Beaten al1over the body
with al1kinds of things, stabbed with a knife, etc.
Page 50. Picture No.1 Scar on the head after a blow with a blunt
object.
Page 50. Picture No.2 Scar on the left elbow after a stab with a
knife.
S-2 D.J. Male, 56 years old. Captured on 08.05.1992, released on
09.10.1992. Permanently beaten in many ways.
Page 51. Picture No.1 Scar on the bitten off auricle.
5-6 J.C. Male, 37 years old. Captured on 18.05.1992, detained in
several camps, released on 19.07.1993. Beaten and tortured in many
ways. His auricles were stapled.
Page 52. Picture No.1 Scar on the left auricle after the stapling.
Page 52. Picture No.2 Scar on the right auricle after the stapling.
B-1 M.K. Male, 39 years old. Captured on 04.05.1992, detained in
several camps, released on 04.09.1992. Tortured in many ways,
beaten, cigarettes extinguished on his body, used as a target for air-
rifle shooting, etc.
Page 53. Picture No.1 Scar on the neck after an injury with an air-
rifle round.Page 53. Picture No.2 Scar on the left forearm after extinguished
cigarette.
8-8 Dj.N. Male, 56 years old. Capturedon 09.05.1992, released
on 28.05.1992. Beaten, his upper jaw teeth were broken.
Page 54.
B-6 G.R. Male, 61 years old. Captured on 01.05.1992, released
on 15.09.1992. Beaten several times, hit with various objects al1over
his body, his teeth were broken.
Page 55. Picture No.1 Broken teeth.
Page 56. Picture No.2 Scars on the shin after the blows with a
blunt object.
6-19 R.M. Male, 25 years old. Captured on 13.05.1992, detained in
the camps MaoCa arid Tuzla, released on 21.07.1993. Tortured in
many ways, stabbed with a knife, pick-drill, heavily beaten, victim of
stereo torturing, etc.
Page 57. Picture No.1 Scar on the back after the pick-drill.
Page 57. Picture No.2 Scar after the stab in the foot, and scar after
the extinguishing of a cigarette.
Page 57. Picture No.3 Scar after a stab in the chest.
Der-3 J.S. Male, 46 years old. Captured on 25.04.1992, released on
14.07.1992. Tortured in many ways and with many means: Heavily
beaten, stabbed with a knife, and his skin burnt by lit petrol, etc.
Page 58. Picture No.1 Scar on the left buttock after a stab with a
bayonet.
Page 58. Picture No.2 Scar on the chest after an extinguished
cigarette.
Page 58. Picture No.3 Burn scars on the right hand from lit petrol.
Z-1 K.J. Male, 41 years old. Captured on 20 May 1992. Held in
several camps. Exchanged on 26 June 1992. Severely beaten, his
ribs were broken, hands stabbed with t~knife.
Page 59. Picture No.1 Scar on the 4 finger nail plane after a knife.
Page 59. Picture NO.;! Scar on the right hand little finger after a cut
with a knife.
Page 60. Picture N0.3 Scar on the left hand forefinger after a cut
with a knife.
Page 60. Picture No.4 Scar on the left hand index finger distal.
Page 61. Picture No.51 Scar on the forearm after a cut with a knife.
2-4 S.V. Male, 56 years old. Capturedon 24 September 1992 and
was detained in the Srebrnica camp till 16 October 1992.Tortured in
may ways, heavily beaten, cigarettes extinguished over his whole
body, beaten over his knees, etc. Page 62. Picture No.1 Scars on the hands after the extinguished
cigarettes.
Page 63. Picture No.2 Scar on the shin after a rupture from the
blows with a blunt object.
Page 64. Picture No.3 Scar on the knee after a rupture from the
blow with a blunt object.
2-8 R.N. Male, 44 years old. Captured on 24 September 1992.
Held in the camps in Srebrnica and Bratunac. Tortures from the
beginning in al1the camps, beaten, stabbedwith a knife, cigarettes
extinguished al1over his body, etc.
Page 65. Picture No.1 Scar on the chest after a stab with a knife.
Page 65. Picture No.2 Scar on the shin after an extinguished
cigarette.
T-6 T.L. Male, 64 years old. Captured on 18 April 1992 when he
was beaten and his leg broken. Exchanged on 18 August 1992.
Page 66. Picture No.1 Scars on the left shin after the beatings, with
consequent deformities.
Ts-2 Dj.P. Male, 45 years old. Captured in his house by two
Muslims, who first sexually harassed him, stabbed him with a knife,
tied him and then set his clothes on fire. The neighbors saved him.
Page 67. Picture No.1 Scar on the back after a stab.
Page 67. Picture No.2 Burn scars on the face.
Page 67. Picture No.3 Burn scars on the chest.
Page 67. Picture No.4 Burn scars on the right shoulder and right
/' arm.
Page 67. Picture No.5 Burn scars on the left side of the chest and
left arm.
Ts-3 A.M. Female, 53 years old. Raped in her house in TeSanj in
1993. Mental disorder developed as consequences; disorder is
present in the skin of the hands, too (psychodermatosis).
Page 68. Picture No.1 Disorder in the hands (psychodermatosis) -
probably a mental reaction to the rape.
Page 68. Picture No.2 Disorder in the hands (psychodermatosis) -
probably a mental reaction to the rape.
T-1 R.B. Male, 59 years old. Capturedon 8 April 1992. Held in
several camps till 18 August 1992. Heavily beaten al1over the body.
Page 69. Picture No.1 Scars and trophic changes where beaten.
Page 69. Picture No.2 Scar on the elbow where the skin was
ruptured.T-3 B.M. Male, 451years old. Captured in the streets of Mostar on 4
May 1992. Held in several camps till 18 August 1992. Tortured in
many ways; severely beaten and cut with a knife.
Page 70. Picture No.1 Scar after a cut with a knife.
T-13 D.T. Male, 37 years old. Captured on 8 April 1992. Held in
many camps. Exchanged on 18 August 1992. Suffered severe torture,
beatings, burning of his beard, electric shocks, sexual mutilation,
beaten over his fingers, and shot at close range.
Page 71. Picture No.1 Deformity in the right hand with fingers which
cannot be flexed.
Page 71. Picture No.2 Deformity in the left hand with scars on the
palms.
Page 72. Picture No.3 Deformity in the left hand with fingers which
cannot be flexed.
Page 72. Picture No.4 Scars on the right hand palm after cuts with
a knife.
Page 72. Picture No.5 Scars on the hand after they were shot from
a point blank Page 40. range.
Page 73. Picture No.6 Scar in the left groin region after been shot
with a shotgun.
Page 74. Picture No.7 X-ray with the gunshot rounds seen in the
soft tissue.
M-1 K.M. Male, 43 years old. Captured on 8 May 1992. Held in
several camps till 5 IVovember1992. Heavily beaten, his bones were
broken, beaten over the knees and pelvis.
Page 75. Picture No.1 Scar on the right knee after injuries from
blows.
Page 76. Picture No.2 Scar on the left knee after injuries from
blows.
Page 77. Picture No.3 Outgrowth between the buttocks after multiple
beating in one place.
Page 77. Picture No.4 Deformity of the chest after rib fractures.
M-17 P.P . Male, 42 years old. Captured on 8 May 1992 and
released 28 July 1992. Heavily beaten from the beginning. lnjured
twice while forced to dig trenches on the front line.
Page 78. Picture No.1 Scar on the forehead after a blow with a
blunt object, and scar on the left arm after shell fragment injuries.
Page 79. Picture No.;! Scar on the back after shell fragment injuries.
B-9 R.B. Male, 47 years old. Captured on 03.08.1993, detained in
several camps, released on 29.10.1995. Tortured and heavily beaten,
taken for fake executions and forced to give false testirnony.
Page 80. Picture No.1 Scar on the nail which was pulled out and
beaten.B-10 R.S. Male, 47 years old. Captured on 04.05.1992, released on
09.01.1993. Tortured rnentally by his former students.Forced to dig
trenches at the front lineduring which he was injured.
Page 81. Picture No.1 Scar on the right forearrn after a shell
fragment injury.
Der-4 K.M. Male, 36 years old. Captured on 26.04.1992, released
on July 1992. Tortured with electricity, his nails were pulled out, he
was heavily beaten, cigarettes were extinguished on his skin, etc.
Page 82. Picture No.1 New nails on his toes instead of those pulled
out.
Page 82. Picture No.2 Scars on the hands after stabbing and cutting
with a knife.
Page 82. Picture No.3 Scar on the left auricle, which was cut off.
Der-6 K.D. Male, 38 years old. Captured on 05.05.1992, detained in
several camps, released on 09.07.1992. Heavily beaten al1over the
body, stabbed with a knife, etc.
Page 83. Picture No.1 Scar on the chin after a stab with a knife.
Page 83. Picture No. 2 Scar below the left eye after an injury caused
by blows.
Der-10 M.B. Male, 35 years old. Captured on 26.04.1992, detained
in several camps, released on 07.07.1992. Heavily beaten, had
several bones fractured.
Page 84. Picture No.1 Scars on the palrns after extinguished
cigarettes.
Page 84. Picture No.2 Scar on the forehead after blows with a blunt
object.
Page 84. Picture No.3 Scar on the scalp after blows with a blunt
object.
Der-12 B.N. Male, 47 years old. Captured on 26.04.1992, released
on 09.07.1992. Tortured in many ways, heavily beaten, stabbed with
a knife, etc.
Page 85. Picture No.1 Scars on the left arrn after stabs with a knife.
Der-18 P.D. Male, 47 years old. Captured on 09.06.1992, released
on 05.07.1992. Heavily beaten frorn the first day, beaten al1over the
body and in the knee which was fractured.
Page 86. Picture No.1 Scars on the left knee with deformities.
Bg-4 V.D. Male, 23 years old. Captured on 15 June 1993.
Released on 20 January 1994 and immediately transferred to the
Military rnedical hospital in Belgrade for surgery and treatrnent afterskull fractures and brain injuries. Tortured and beaten with various
objects.
Page 87. Picture No.1 Scar on the left ankle, exterior, after a
rupture from blows.
81-14 Dj.S. Male, 69 years old. Forced from his home with his son
and wife, who were killed there while he was tortured and a pari of
his auricle was cut off with some scissors.
Page 88.
81-15 L.Lj. Female, 39 years old. Raped in her house. Beaten over
the head before the rape.
Page 88. Picture No. 1 Scar on the scalp.
Bg-9 A.M: Male, 20 years old. Captured on 13 December 1992
near Srebrnica. Released in March 1993. Several times beaten and
cut on his face and rieck (slaughtered)
Page 89. Picture No:l Scars on the left side of the head and neck
after blows and cuts.
Page 89. Picture No.;! Scars on the left side of the head and neck
afterblows and cuts.
Page 90. Picture No.3 Scars on the left side of the head and neck
afterblows and cuts.
Page 90. Picture No.41 Scar on the knee after a rupture from a blow
with a blunt object.
Annex No. C 1, svedolienje M.A./testemony M.A., pp. cl-c41c5-c7
Annex No. C 2, svedotenje M.A.1Itestemony M.A.1, pp. c8-cl1 /cl 2-
cl5
Annex No. C 3, svedcilienje M.A.2ltestemony M.A.2, pp. cl 6-cl 81~19-
c21
Annex No. C 4, svedolienje R.B./testemony R.B., pp. c22-~241~25-c27
Annex No. C 5, svedotenje D.B./testemony D.B., pp. c28-~301~31-c33
Annex No. C 6, svedotenje M.B./testemony M.B., pp. c34-~371~38-
c42
Annex No. C 7, svedotenje M.B./testemony M.B., pp. c43-~481~49-
c54
Annex No. C 8, svedotenje P.B.itestemony P.B., pp. c55-c58/c59-~65Annex No. C 9,svedotenje Dj.B.Aestemony Dj.B., pp. c66-c69/~70-
c73
Annex No. C 10, svedotenje S.B./testemony S.E., pp. c74-~831~84-
c91
Annex No. C 11, svedotenje D.B.2Aestemony0.6.2, pp. c92-
cl OOlc101-cl 07
Annex No. C 12, svedotenje O.B./testemony O.B.,pp. c108-
CI131~114-CI18
Annex No. C 13, Obdukcioni zapisnik J.M./Autopsy Report J.M., pp.
CI19-CI241~125-CI30
Annex No. C 14, svedotenje V.V./testemony V.V., pp. c131-
Cl4O/Cl41-Cl48
Annex No. C 15, svedotenje S.V./testemony S.V., pp. c149-
Cl531~154-Cl58
Annex No. C 16, svedotenje D.V./testernony D.V., pp.c159-
CI621~163-Cl66
Annex No. C 17, svedotenje M.V.ltestemony M.V., pp. c167-
~1701~171-cl75
Annex No. C 18, svedotenje S.G./testernony S.G., pp.c176-
~1801~181-Cl86
Annex No. C 19, svedotenje S.G.l/testemony S.G.l, pp. c187-
c1951~196-C202
Annex No. C 20, svedotenje J.G./testemony J.G., pp. c203-
~2071~208-~21 O
Annex No. C 21, svedotenje R.D./testemony R.D., pp. c211-
c2121c213-c214
Annex No. C 22, svedotenje M.D.itestemony M.D., pp. c215-
~2171~218-c219
Annex No. C 23, svedotenje M.D./testemony M.D., pp. c220-
c224lc225-c227
Annex No. C 24, svedotenje V.D./testemony V.D., pp. c228-
~2361~237-~243Annex No. C 25, svedotenje I.D.ltestemony I.D., pp. c244-~2491~250-
c254
Annex No. C 26, svedoEenje P.D./testernony.P.D.,pp. c255-
C2581~259-C262
Annex No. C 27, svedotenje P.Dj./testemony P.Dj, pp. c263-
~2661~267-~270
Annex No. C 28, svedotenje N.Dj./testemony N.Dj., pp. c271-
~2861~287-C300
Annex No. C 29, svedotenje M.Dj./testemony M.Dj., pp. c301-
~3041~305-C308
Annex No. C 30, svedotenje S.Dj./testemony S.Dj., pp. c309-
~3161~317-~323
Annex No. C 31, svedotenje M.E./testernony M.E., pp. c324-
~327lC328-C331
Annex No. C 32, svedotenje R.E./testemony R.E., pp. c332-
~3391~340-~346
Annex No. C 33, svedotenje J.E./testemony J.E.,pp. c347-~3501~351-
c354
Annex No. C 34, svetlotenje S.f./testemony S.f., pp. c355-
~3621~363-~369
Annex No. C 35, svedotenje ~.f./testemony J.Z.,pp. c370-~3721~373-
c375
Annex No. C 36, svedoCenje G.Z./testemony G.Z., pp. c376-
C3791~380-~383
Annex No. C 37, svedotenje M.Z./testemony M.Z., pp. c384-
~3861~387-~389
Annex No. C 38, svedotenje J.Z./testemony J.Z., pp. c390-~3931~394-
c397
Annex No. C 39, svedotenje R.l./testemony R.I.,pp. c398-c40ilc402-
c406Annex No. C 40, svedotenje M.l./testemony M.I.pp. c407-~4101~411-
c415
Annex No. C 41, svedotenje 1.l.ltesternonyI.I., pp. c416-~4221~423-
c428
Annex No. C 42, svedotenje 2.J.ltesternony 2.J., pp. c429-~4321~433-
c435
Annex No. C 43, svedotenje S.J.ltesternony S.J., pp. c436-~4411~442-
c445
Annex No. C 44, svedotenje S.J.1Aestemony S.J.1, pp. c446-
~450/~451-~454
Annex No. C 45, svedotenje S.J.2ltesternony S.J.2, pp. c455-
~4581~459-~464
Annex No. C 46, svedotenje D.J./testemony D.J., pp. c465-
~4691~470-~474
Annex No. C 47, svedotenje C.J./testernonyC.J., pp. c475-
~4831~484-~41 9
Annex No. C 48, svedotenje M.K./testernonyM.K., pp. c492-
~4931~494-c495
Annex No. C 49, svedotenje M.K.l/testernony M.K.l, pp. c496-
c503lc504-c510
Annex No. C 50, svedotenje R.K.1testernonyR.K., pp. c511-
~5141~515-c519
Annex No. C 51, svedotenje V.K./testernonyV.K., pp. c520-
~5251~526-~530
Annex No. C 52, svedotenje R.K.2ltesternony R.K.2, pp. c531-
C536lC537-~542
Annex No. C 53, svedotenje M.L./testernonyM.L., pp. c543-
C5461~547-~551
Annex No. C 54, svedotenje L.L.ltesternony L.L., pp. c552-~5541~555-
c557
Annex No. C 55, svedotenje N.L./testernonyN.L., pp. c558-
C5601C56-1C563Annex No. C 56, s~ledotenje M.L.l/testernony M.L.l, pp. c564-
~5671~568-~570
Annex No. C 57, svedotenje S.L./testernony S.L., pp. c571-
~5741~575-C578
Annex No. C 58, svedotenje 5.Lj.ltesternony B.Lj., pp. c579-
~5821~583-~588
Annex No. C 59, svedotenje M.M./testernony M.M., pp. c589-
~5931~594-c599
Annex No. C 60, svedotenje V.M.ltesternony V.M., pp. c600-
~6071~608-~618
Annex No. C 61, svedotenje O.M./testernony O.M., pp. c619-
~6221~623-~628
Annex No. C 62, svedotenje D.M./testernony D.M., pp. c629-
~6321~633-C636
Annex No. C 63, svedotenje S.M.1testernonyS.M., pp. c637-
~6441~645-~651
Annex No. C 64, svedotenje S.M.l/testernony S.M.l, pp. c652-
~6561~657-~661
Annex No. C 65, svedotenje M.M.lltesternony M.M.l, pp. c662-
~6661~667-~672
Annex No. C 66, svedotenje M.M.2ltesternony M.M.2, pp. c673-
~6811~682-~690
Annex No. C 67, svedotenje M.M.3ltesternony M.M.3, pp. c691-
~6941~695-~698
Annex No. C 68, svecioçenje M.M.4/testernony M.M.4, pp. c699-
~7011~702-~705
Annex No. C 69, svedoCenje B.M./testemony B.M., pp. c706-
~7101~711-~715
Annex No. C 70, svedotenje M.M.5ltestemony M.M.5, pp. c716-
~7211~722-~727Annex No. C 71, svedotenje M.M.G/testemonyM.M.6, pp. c728-
~7311~732-~734
Annex No. C 72, svedotenje M.M.7ltestemony M.M.7, pp. c735-
~7391~740-c743
Annex No. C 73, svedotenje S.M.2/testemony S.M.2, pp. c744-
~7481~749-C752
Annex No. C 74, svedotenje B.M.l/testemony B.M.l, pp. c753-
~7541~755-c757
Annex No. C 75, svedotenje R.M./testemony R.M., pp. c758-
~7631~764-~768
Annex No. C 76, svedotenje V.M.l/testemony V.M.l, pp. c769-
~7751~776-~785
Annex No. C 77, svedotenje G.M./testemony G.M., pp. c786-
c788lC789-~791
Annex No. C 78, svedotenje M.N./testemony M.N., pp. c792-
~795lC796-~798
Annex No. C 79, svedoEenje D.N./testemony D.N., pp. c799-
~8031~804-~807
Annex No. C 80, svedotenje D.S./testemony D.S., pp. c808-
C8101~811-~813
Annex No. C 81, svedoCenjeS.O./testemony S.O., pp. c814-
C8191~820-~824
Annex No. C 82, svedoCenjeV.P./testemony V.P., pp. c825-
~8291~830-~833
Annex No. C 83, svedotenje M.P./testemony M.P., pp. c834-
C8371~838-~842
Annex No. C 84, svedoCenje D.P./testemony D.P., pp. c843-
~8471~848-C852
Annex No. C 85, svedotenje M.P.l/testemony M.P.l, pp. c853-
~8591~860-C864
Annex No. C 86, svedoEenje Z.R./testemony Z.R., pp. c865-
~8671~868-~871Annex No. C 87, svedotenje S.R./testernony S.R., pp. c872-
~8781~879-C884
Annex No. C 88, svedotenje D.R./testernony D.R., pp. c885-
~8891~890-~894
Annex No. C 89, svedotenje M.R./testernony M.R., pp. c895-
~8981~899-Cg03
Annex No. C 90, svedotenje B.R.ltestemony B.R., pp. c904-
~9071~908-~1 92
Annex No. C 91, svedotenje D.R.l/testemony D.R.1, pp. cg13-
~9171~918-~921
Annex No. C 92, svedotenje iS.~./testemonyZ.R., pp. c922-
C927lC928-~932
Annex No. C 93, svedotenje D.R.2ltesternony D.R.2, pp. c933-
~9371~938-~942
Annex No. C 94, svedotenje M.S./testernony M.S., pp. c943-
~9561~957-~975
Annex No. C 95, svedotenje M.S.l/testernony M.S.l, pp. c976-
C9801~98-1cg86
Annex No. C 96, svedotenje Lj.S.ltesternony Lj.S., pp. c987-
c99Olc991-cg94
Annex No. C 97, svedotenje B.S./testernony B.S., pp. c995-
~9971~998-CO l 01
Annex No. C 98, svedotenje M.S.2ltesternony M.S.2, pp. c1002-
Cl0051~1006-Cl009
Annex No. C 99, svedotenje R.S./testernony R.S., pp. c1010-
c1014lc1015-cl019
Annex No. C 100, svedotenje D.S.ltestemony D.S., pp. c1020-
CI0251~1026-Cl030
Annex No. C 101 svedotenje K.S.ltesternony K.S., pp. c1031-
c10331~1034-c1037Annex No. C 102 svedotenje 6.S.lltestemony B.S.l, pp. c1038-
10431~1044-cl049
Annex No. C 103 svedotenje M.S.3ltestemony M.S.3, pp. ~1050-
10541~1055-CI059
Annex No. C 104 svedotenje D.S.lltestemony D.S.l, pp. cl 060-
10641~1065-Cl069
Annex No. C 105 svedotenje T.T.1testemonyT.T., pp. ~1070-
CI0751~1076-cl081
Annex No. C 106 svedotenje V.T./testemony V.T., pp. ~1082-
Cl0851~1086-cl089
Annex No. C 107 svedotenje M.T./testemony M.T., pp. ~1090-
CI0961~1097-cl1O1
Annex No. C 108 svedotenje V.T.lltesternony V.T.1, pp. cl 102-
Cl1051~1 106-CI109
Annex No. C 109 svedotenje M.T.1ltestemony M.T.1, pp. cl 110-
11141~1115-Cl118
Annex No. C 110 svedotenje M.T.2itesternony M.T.2, pp. cl 119-
11201~1121-cl123
Annex No. C 111 svedotenje V.T.2ltestemony V.T.2, pp. cl 124-
11261~1127-Cl129
Annex No. C 112 svedotenje ~.C.ltestemony M.c., pp. cl 130-
11331~1134-CI137
Annex No. C 113 svedotenje V.H./testemony V.H., pp. cl 138-
11401~1141-cl144
Annex No. C 114 svedotenje G.H.ltestemony G.H., pp. cl 145-
11471~1148-CI151
Annex No. C 115 svedotenje S.H./testemony S.H., pp. cl 152-
11551~1156-cl159
Annex No. C 116 svedotenje N.H./testemony N.H., pp. cl 160-
11751~1176-CI189
Annex No. C 117 svedotenje V.C.ltestemony V.C., pp. cl 190-
11931~1194-CI197Annex No. C 118 svedotenje ~.C.ltestemon~ D.C., pp. c1198-
12001~1201 -C203
Annex No. C 119 svedotenje v.C./testemony v.C., pp. c1204-
1208lCl209-Cl213
Annex No. C 120 svedotenje B.Di./testernony B.Df.,pp. c1214-
12181~1219-Cl224
Annex No. C 121 svi?dotenje f .S./testemonyf.S., pp. c1225-
12291C1230-Cl235
Annex No. C 122 svedotenje ~.S.ltestemon~ M.$., pp. c1236-
1241IC1242-c1249
Annex No. C 123 svedotenje U.l./testemony U.I., pp. c1250-
12521~1253-Cl256
Annex No. C 124 svedotenje D.K./testemony D.K., pp. c1257-
12591~1260-c1261
Annex No. C 125 svedotenje I.R.1testemonyI.R., pp. c1262-
12641~1265-c1266
Annex No. C 126 svedotenje ~.C.ltestemony G.C., pp. c1267-
12771~1278-Cl299
Annex No. C 127 svedotenje R.P./testemony R.P., pp. cl 300-
13041~1305-Cl310
Annex No. C 128 svedotenje M.P.Aestemony M.P., pp. cl31 1-
13141~1315-cl319
Annex No. C 129 svedotenje B.R./testemony B.R., pp. c1320-
13331~1334-CI347
Annex No. C 130 svedotenje M.J./testemony M.J., pp. c1348-
13501~1351-C1355
Annex No C 131, Medicinski nalazl Medical findin-sDER 6, pp.
Cl356-cl 3581~359-CI364
Annex No C 132, Medicinski nalaz1Medicalfindings -DER 10 pp.
Cl365-cl 3681~1369-C3I75Annex No C 133, Medicinski nalazlMedica1findings -DER 4 pp.
~1376-~13811~1382-~1392
Annex No C 134, Medicinski nalazlMedical findings -DER 18 pp
CI393-Cl3961~1 397-CI403
Annex No C 135, Medicinski nalaz/Medical findings- DER 12 pp.
CI404-Cl406/~1407-Cl411
Annex No. C 136, Medicinski nalazIMedical findings - BL 15 pp.
cl 412-cl 414/c1415-cl417
Annex No. C 137, Medicinski nalazIMedical findings - BL 14 pp.
Cl418-CI4191~1420-Cl422
Annex No. C 138, Medicinski nalaz/Medical findings - 6 10 pp.
CI423-Cl4251~ 1426-CI428
Annex No. C 139, Medicinski nalaz1Medicalfindings - T 1 pp. ~1429-
Cl431ICI432-CI435
Annex No. C 140, Medicinski nalaz1Medical findings - T 13, pp.
CI436-Cl4381~1439-cl445
Annex No. C 141, Medicinski nalaz1Medicalfindings -S 1, pp. c1446-
c 14481~1449-cl451
Annex No. C 142, Medicinski nalazlMedica1findings -S 2, pp. cl 452-
CI 4531~1454-Cl455
Annex No. C 143, Medicinski nalaz/Medical findings - s 11, pp.
CI 456-CI4571~1458-CI459
Annex No C 144 lzjava M.M. Stanici javne bezbednosti u Milicimal
Statement of M.M. to an official of the Milici Public Security Station,
pp. c146011461
Annex No. C 145, Medicinski nalazlMedical findings-$ 16, pp.
CI 462-Cl4631~1464-cl465
Annex No. C 146, Medicinski nalaz/Medical findings -B 1 pp. c1466-
CI4681~ 1469-c1472
Annex No. C 147, Medicinski nalazIMedical findings-B 6 pp. c1473-
CI 4751~1476-Cl478Annex No. C 148, Medicinski nalazIMedica1findings -B 8 pp. c1479-
~14811~1482-Cl484
Annex No. C 149, Medicinski nalazlMedical findings -6 19 pp
CI 485-Cl4881~1489-cl492
Annex No. C 150, Medicinski nalazIMedica1findings -KV 1 pp.
cl 493-CI4951~1496-~1499
Annex No. C 151, Medicinski nalazlMedical findings -TS 2 pp.
CI500-CI5021~1503-1505
Annex No. C 152, Medicinski nalazlMedical findings -TS 3 pp.
~1506-~15071~1508-1510
Annex No. C 153, Medicinski nalaz1Medicalfindings -TS 5 pp.
CI511 -Cl5131~1514-1517
Annex No. C 154, Medicinski nalazIMedical findings - T6 pp. c1518-
~15191~1520-1522
Annex No. C 155, Medicinski nalazlMedical findings - T8 pp. c1523-
cl 5241~1525-1529
Annex No. C 156, Medicinski nalazlMedical findings -T 10 pp.
CI530-CI531ICI532-1536
Annex No. C 157, Obdukcioni zapisnik M.M.1AutopsyReport M.M.,
pp. ~1537-~15401 C1541-1545
Annex No. C 158, Obdukcioni zapisnik N.J.1AutopsyReport N.J., pp.
Cl546-Cl5491~1550-1556
Annex No. C 159, Obdukcioni zapisnik V.P.1Autopsy Report V.P., pp.
Cl557-CI560 1 CI561-1567
Annex No. C 160, photo-documentacion, pp. 1-31
Annex No C 161 photo-documentacion, pp. 32-90
Annex No. C 162, Medicinski nalazIMedica1findings - B 9 pp. c1568-
Cl5701~1571 -CI573
Annex No C 163, Medicinski nalazIMedical findings - T 3, pp. c1574-
CI5761~ 1577-cl 582Annex No. C 164, Medicinski nalazlMedical findings -B 3, pp. ~1583-
CI5851~1586-CI588
Annex No. C 165, Medicinski nalazlMedical findings-5 5, pp. ~1589-
~15901~1591 -cl592
Annex No. C 166, Medicinski nalaz1Medicalfindings -$ 7, pp. ~1593-
CI5951~1596-Cl598
Annex No. C 167, Medicinski nalaz1Medicalfindings -S 8, pp. c1599-
~16011~1602-Cl604
Annex No. C 168, Medicinski nalazlMedical findings -S 9, pp. c1605-
CI6071~1 608-CI610
Annex No. C 169, Medicinski nalaz1Medical findings - $ 10, pp.
cl61 1-~16131~1614-~1616
Annex No. C 170, Medicinski nalazIMedical findings - $ 12, pp.
CI617-cl61 91~1620-Cl622
Annex No. C 171, Medicinski nalaz1Medical findings - 3 13, pp.
Cl623-Cl6251~1 626-Cl628
Annex No. C 172, Medicinski nalaz1Medical findings - $ 14, pp.
CI629-Cl6301~1631 -Cl632
Annex No. C 173, Medicinski nalaz1Medical findings - $ 15, pp.
Cl633-Cl6351~1 636-CI638
Annex No. C 174, Medicinski nalaz1Medical findings - S 17, pp.
Cl639-CI641ICI642-CI645
Annex No. C 175, Medicinski nalazlMedical findings - 18, pp.
Cl646-Cl6481~1649-Cl651
Annex No. C 176, Medicinski nalazlMedical findings - B 15, pp.
Cl652-CI6541~1655-cl657
Annex No. C 177, Medicinski nalazlMedical findings - B 13, pp.
Cl668-cl 6701~1671-CI673
Annex No. C 178, Medicinski nalazlhnedical findings - B 11, pp.
Cl674-CI675lCl676-CI678
Annex No. C 179, Medicinski nalaz1Medicalfindings - B 7, pp. c1679-
c 1681IC1682-c1684Annex No. C 180, Medicinski nalazlMedical findings- B 4, pp. c1685-
c16871~1688-CI689
Annex No. C 181, Medicinski nalaz1Medical findings - B 18, pp.
CI690-cl 691ICI692-Cl694
Annex No. C 182, Medicinski nalazIMedical findings - B 12, pp.
CI695-CI6971~1 698-CI700
Annex No. C 183, Medicinski nalazIMedical findings - B 24, pp.
CI700-CI701ICI702-CI704
Annex No. C 184, Medicinski nalazlMedical findings - B 16, pp.
c1705-CI7071~ 1708-CI71O
Annex No. C 185, Medicinski nalazIMedical findings - B 22, pp.
cl71 1-~1713/~1714-~1716
Annex No. C 186, Medicinski nalaz1Medical findings - B 17, pp.
cl 717-CI7181~1719-cl721
Annex No. C 187, Medicinski nalaz1Medical findings - B 21, pp.
cl 722-CI7231~724-C1726
Annex No. C 188, Medicinski nalazIMedical findings - BG 1, pp.
CI727-CI731ICI732-c'I735
Annex No. C 189, Medicinski nalazlMedical findings - TS 1, pp.
CI736-Cl7381~1739-cl1741
Annex No. C 190, Medicinski nalazIMedical findings - TS 4, pp.
CI742-cl 7441~745-CI747
Annex No. C 191, Medicinski nalazlhnedical findings - TS 6, pp.
CI748-Cl7501~1751 -Cl754
Annex No. C 192, Medicinski nalaz1Medical findings - TS 7, pp.
CI755-Cl7561~1757-CI759
Annex No. C 193, Medicinski nalaz1Medical findings - BL 1, pp.
CI760-Cl761/Cl762-~1764
Annex No. C 194, Medicinski nalazIMedical findings - BL 2, pp.
CI765-CI7661~1767-CI769Annex No. C 195, Medicinski nalazIMedical findings - BL 3, pp.
cl 770-cl 771/cl 772-cl 773
Annex No. C 196, Medicinski nalaz1Medical findings - BL 4, pp.
CI774-cl 7751~1776-Cl777
Annex No. C 197, Medicinski nalazIMedical findings - BL 5, pp.
CI778-CI7791~1 780-CI781
Annex No. C 198, Medicinski nalaz1Medical findings - BL 6, pp.
Cl782-Cl7831~1 784-Cl786
Annex No. C 199, Medicinski nalazlMedical findings - BL 7, pp.
Cl787-Cl7881~1 789-Cl791
Annex No. C 200, Medicinski nalaz1Medical findings - BL 8, pp.
Cl792-Cl7931~1 794-CI796
Annex No. C 201, Medicinski nalazlMedical findings - BL 9, pp.
CI797-Cl7991~1800-cl802
Annex No. C 202, Medicinski nalazlMedical findings - BL 10, pp.
CI803-Cl8051~1806-Cl808
Annex No. C 203, Medicinski nalazIMedical findings - BL 11, pp.
Cl809-Cl811/CI812-Cl814
Annex No. C 204, Medicinski nalazIMedical findings - BL 12 (pp.
~1815-C1817/~1818-C1820)
Annex No. C 205, Medicinski nalaz1Medical findings - BL 13, pp.
Cl821 -Cl8231~1824-Cl826)
Annex No. C 206, Medicinski nalazIMedical findings - M 20, pp.
Cl827-Cl829lC1830-Cl832)
Annex No. C 207, Medicinski nalazlMedical findings - M 21, pp.
c1833-Cl8351~ 1836-c1838)
Annex No. C 208, Medicinski nalaz1Medical findings - M 22, pp.
CI839-Cl841ICI842-cl 844)
Annex No. C 209, Medicinski nalazlMedical findings - M 23, pp.
C1845-C18461~1847-~1849)
Annex No. C 210, Medicinski nalazlMedical findings - M 24, pp.
Cl850-Cl8521~1 853-Cl855)Annex No. C 211, Medicinski nalaz1Medical findings - M 25, pp.
cl 856-Cl858lC1859-C>1861)
Annex No. C 212, Medicinski nalaz1Medical findings - M 26,
c1862-CI864lC1865-~1867)
Annex No. C 213, Medicinski nalazlMedical findings - M 27,
CI868-cl 870lCl871-C1873)
Annex No. C 214, Medicinski nalazIMedica1 findings - M 28,
CI874-cl 8761~1877-CI879)
Annex No. C 215, Medicinski nalaz1Medical findings - M 29,
CI880-CI8821~1 883-c1885)
Annex No. C 216, Medicinski nalaz1Medical findings - M 30,
Cl886-cl 8881~889-CI891)
Annex No. C 217, Medicinski nalaz1Medical findings - M 31,
C1892-Cl8941~1895-~1897)
Annex No. C 218, Medicinski nalaz1Medical findings - M 32,
CI898-CI9001~1901 -CI903)
Annex No. C 219, Medicinski nalazIMedical findings - M 33,
CI904-CI9061~1907-CI909)
Annex No. C 220, Medicinski nalaz1Medical findings - M 34,
c191O-c1912/c1913-c1915)
Annex No. C 221, Medicinski nalaz1Medical findings - M 35,
~1916-~19181~1919-~1921)
Annex No. C 222, Medicinski nalaz1Medical findings - M 36,
CI922-cl 9241~1925-~1927)
Annex No. C 223, Medicinski nalaz1Medical findings - M 38,
Cl928-Cl931ICI932-CI935)
Annex No. C 224, Medicinski nalaz1Medical findings - M 39,
CI936-Cl9381~1939-Cl941)
Annex No. C 225, Medicinski nalaz1Medical findings - M 40,
CI942-cl 9431~1944-~1946)Annex No. C 226, Medicinski nalazlMedical findings - JA 1, pp.
Cl947-Cl9521~1953-~1955)
Annex No. C 227, Medicinski nalazlMedical findings - JA 2, pp.
cl 956-Cl9581~1959-CI963)
Annex No. C 228, Medicinski nalaz1Medical findings - DER 1, pp.
CI964-cl 9671~1968-Cl974)
Annex No. C 229, Medicinski nalaz1Medical findings - DER 2, pp.
CI975-CI9761~1 977-CI980)
Annex No. C 230, Medicinski nalazlMedical findings - DER 3, pp.
~1981-~19841~1985-~1991)
Annex No. C 231, Medicinski nalaz1Medical findings - DER 5, pp.
CI992-CI9931~1 994-CI997)
Annex No. C 232, Medicinski nalaz1Medical findings - DER 7, pp.
CI998-CI9991~2000-~2003)
Annex No. C 233, Medicinski nalaz1Medical findings - DER 8, pp.
~2004-~20061C2007-~2011)
Annex No. C 234, Medicinski nalaz1Medical findings - DER 9, pp.
~2012-~20141~20 15-C2019)
Annex No. C 235, Medicinski nalazlMedical findings - DER 11, pp.
c2020-c2021lc2022-c2025)
Annex No. C 236, Medicinski nalazlhnedical findings - DER 13, pp.
~2026-~20291~2030-~2036)
Annex No. C 237, Medicinski nalazlMedical findings - DER 14, pp.
c2037-c20391c2040-c2044)
Annex No. C 238, Medicinski nalaz1Medical findings - DER 15, pp.
~2045-~20471~2048-~2053)
Annex No. C 239, Medicinski nalaz1Medical findings - DER 16, pp.
~2054-~20561~2057-~2060)
Annex No. C 240, Medicinski nalaz1Medical findings- DER 17, pp.
~2061-~20631~2064-~2069)
Annex No. C 241, Medicinski nalaz1Medical findings- DER 22, pp.
c2070-c20721c2073-c2077)Annex No. C 242, Medicinski nalazlMedical findings - DER 21, pp.
~2078-~2080lC2081-~2084)
Annex No. C 243, Medicinski nalazlMedica1 finding- DER 20, pp.
~2085-~20881C2089-C2096)
Annex No. C 244,
Medicinski nalaz1Medical finding- DER 19, pp.
~2097-~20991~2100-C2lO4)
Annex No. C 245, Medicinski nalazIMedical finding- B 2, pp. c2105-
~21081~2109-2112
Annex No. C 246 svedotenje S.S./testernony S.S., pp. c2113-
21161~2117-C2119
Annex No. C 247 svedotenje R.C./testernony R.C., pp. c2120-
21231~2124-~2126
Annex No. C 248 svedotenje C.~.ltestemony C.B., pp. c2127-
21441~2145-~2157
Annex No. C 249 svedotenje S.V./testemony S.V., pp. c2158-
21611~2162-~2164
Annex No. C 250 svetiloCenjeD.L./testemony D.L.,pp. c2165-
21701~2171-~2176
Annex No. C 251, Medicinski nalaz1Medicalfindings- $ 3, pp. c2177-
~21791~2180-~2182
Annex No. C 252, Metjicinski nalazlMedical findin-s$ 6, pp. c2183-
~21861~2187-~2190
Annex No. C 253, Medicinski nalaz1Medicalfindings- BG 9, pp.
C2191-~21951~2196-~2199
Annex No. C 254, Medicinski nalazlMedica1findings- BG 7, pp.
c2200-c2202/c2203-c2%05
Annex No. C 255, Medicinski nalaz1Medicalfindings- BG 5, pp.
~2206-~22081~2209-C2211
Annex No. C 256, Medicinski nalazIMedica1findings- BG 6, pp.
~2212-~22151~2216-C2219Annex No. C 257 svedotenje O.D./testemony O.D., pp. ~2220-
22251~2226-~2230
Annex No. C 258, Medicinski nalazlMedical findings-M 2, pp.
~2231-~22341~2235-C2237
Annex No. C 259, Medicinski nalaz1Medicalfindings -M 1, pp.
~2238-~22421~2243-C2245
Annex No. C 260, Medicinski nalaz1Medicalfindings -M 7, pp.
~2246-~22481~2249-C2251
Annex No. C 261, Medicinski nalazlMedical findings-M 10, pp.
~2252-~2254/~2255-~2257
Annex No. C 262, Medicinski nalazlMedical finding-M 15, pp.
~2258-~22601~2261-~2263
Annex No. C 263, Medicinski nalaz1Medicalfindings -M 16, pp.
~2264-~22661~2267-~2269
Annex No. C 264, Medicinski nalaz1Medicalfindings - M 17, pp.
~2270-~22731~2274-~2276
Annex No. C 265, Medicinski nalaz1Medicalfindings -Z 1, pp. c2277-
~22801~2281-~2287
Annex No. C 266, Medicinski nalazIMedical findings-Z 4, pp. c2288-
~22901~229 1-C2295
Annex No. C 267, Medicinski nalaz1Medicalfindings -Z 8, pp. c2296-
~22981~2299-~2303
Annex No. C 268, Obdukcioni zapisnik D.E.1AutopsyReport D.E., pp.
~2304-~23081~2309-2314
Annex No. C 269, Obdukcioni zapisnik M.S./Autopsy Report M.S., pp.
C2315-C23181C2319-2322
Annex No. C 270, svedoEenje C.M./testemony C.M., pp. c2323-
C23271~2328-~2331
Annex No. C 271, svedotenje V.R./testemony V.R., pp. c2332-
C23351~2336-~2339
Annex No. C 272, svedotenje ~.C./testemony A.C., pp. c2340-
~23421~2343-c2345Annex No. C 273 Report of the Committee Compiling Data on Crimes
against Humanity and International Law on Sarajevo - Kazani, 1991-
1993, 22. September 1996,pp. c2346-c2352
Annex No. C 274 Report of the Committee Compiling Data on Crimes
against Humanity and International Law on Mostar, 1991-1993, pp.
C2353-~2375
Annex No. 275, Map showing deliberate killing of Serb civilian
population or captured Serbs
Annex No. 276, Map showing areas from wich Serbs were
deliberately taken to camps maltreated and killed
Annex No. 277, Map showing camps for Serbs in Bosnia and
Herzegovina
Annex No. 278, Map showing areas of ethnic cleansing of Serbs in
Bosnia and Herzegovina
Annex No. 279, Map showing the destroyed or damaged churches,
monasteries and other church buildings in Bosnia and Herzegovina of
the Serb Ortodox Chi~rchin the 1991 - 1995 War BosanskaPosavina
,*
t ,
1
SR JUGOSLAVWA
FR OF YUGOSLAVIi
MRVATSKA
Odvodenje u logore,zlostavijanje
i ubijanjesrpskognaroda
AreasfromwhichSerbswere
deliberatelytakento camps
maltreatedand killed
JADRANSKO MORE
ADRIATIC SEA -1 HRVATSKA "h
Counter-Memorial of the Federal Republic of Yugoslavia