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From May 25, 1992 to August 30, 1992, Serb forces held more than three thousand Bosnian Muslims and Bosnian Croats under armed guard in what was previously a mining complex in Omarska in the former Yugoslavia. Prisoners were allegedly beaten, tortured, and killed. In this February 13, 1995 indictment, Zeljko Meakic, the head of the camp, and 18 individuals acting under his authority are charged with violations of the laws and customs of war and crimes against humanity.
THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
ZELJKO MEAKIC
MIROSLAV KVOCKA
DRAGOLJUB PRCAC
MLADEN RADIC a/k/a "KRKAN"
MILOJICA KOS a/k/a "KRLE"
MOMCILO GRUBAN a/k/a "CKALJA"
ZDRAVKO GOVEDARICA
GRUBAN
PREDRAG KOSTIC a/k/a "KOLE"
NEDELJKO PASPALJ
MILAN PAVLIC
MILUTIN POPOVIC
DRAZENKO PREDOJEVIC
ZELJKO SAVIC
MIRKO BABIC
NIKICA JANJIC
DUSAN KNEZEVIC a/k/a "DUCA"
DRAGOMIR SAPONJA
ZORAN ZIGIC a/k/a "ZIGA"
INDICTMENT
Richard J. Goldstone, Prosecutor of the International
Criminal Tribunal for the former Yugoslavia, pursuant to his
authority under Article 18 of the Statute of the
International Criminal Tribunal for the former Yugoslavia
("The Statute of the Tribunal"), charges:
1. From about 25 May to about 30 August, 1992, Serb forces
collected and confined more than 3,000 Bosnian Muslims and
Bosnian Croats from the opstina of Prijedor,
Bosnia-Herzegovina, in the former Yugoslavia, in inhumane
conditions, under armed guard, in the Omarska "camp",
located in a former mining complex approximately fifteen
kilometres from the town of Prijedor. As set forth below,
the Serb forces killed, raped, sexually assaulted, beat and
otherwise mistreated the prisoners at Omarska.
Background - Omarska camp:
2.1. In May, 1992, intensive shelling of Muslim areas in the
opstina Prijedor caused the Muslim residents to flee their
homes. The majority of them then surrendered or were
captured by Serb forces. As the Serb forces rounded up the
Muslims and any Croat residents, they forced the Muslims and
Croats to march in columns bound for one or another of the
prison camps that the Serbs had established in the opstina.
The Serb forces pulled many of the Muslims and Croats from
the columns and shot or beat them on the spot.
2.2. On about 25 May 1992, about three weeks after Serbs
forcibly took control of government authority in the
opstina, and two days after the start of large scale
military attacks on Muslim population centres, the Serb
forces began taking prisoners to the Omarska camp.
2.3. During the next several weeks, the Serb forces
continued to round up Muslims and Croats from Kozarac,
Prijedor town, and other places in the opstina and interned
them in the camps. Many of Prijedor's Muslim and Croat
intellectuals, professional and political leaders were sent
to Omarska. There were approximately 40 women in the camp,
and all the other prisoners in the camp were men.
2.4. Within the area of the Omarska mining complex that was
used for the camp, the camp authorities generally confined
the prisoners in three different buildings: the
administration building, where interrogations took place and
most of the women were confined; the garage or hangar
building; the "white house," a small building where
particularly severe beatings were administered; and on a
cement courtyard area between the buildings known as the
"pista". There was another small building, known as the "red
house", where prisoners were sometimes taken but most often
did not emerge alive.
2.5. Living conditions at Omarska were brutal. Prisoners
were crowded together with little or no facilities for
personal hygiene. They were fed starvation rations once a
day and given only three minutes to get into the canteen
area, eat, and get out. The little water they received was
ordinarily foul. Prisoners had no changes of clothing and no
bedding. They received no medical care.
2.6. Severe beatings were commonplace. The camp guards, and
others who came to the camp and physically abused the
prisoners, used all manner of weapons during these beatings,
including wooden batons, metal rods and tools, lengths of
thick industrial cable that had metal balls affixed to the
end, rifle butts, and knives. Both female and male prisoners
were beaten, tortured, raped, sexually assaulted, and
humiliated. In addition to regular beatings and abuse, there
were incidents of multiple killings and special terror.
Many, whose identities are known and unknown, did not
survive the camp.
3. The persons accused in this indictment were commanders,
guards and others responsible for the conditions and
mistreatment of prisoners in Omarska camp or otherwise
assisted the accused.
The Accused:
4. Zeljko MEAKIC also known as (hereinafter a/k/a) Mejakic,
a/k/a Meagic, was in charge of Omarska camp beginning in
late June, 1992, and was in a position of superior authority
to everyone else in the camp. Before he took command of the
camp, he was chief of security and had full authority over
all the guards and any visitors. Before the war began in
Bosnia-Herzegovina, he was a police official in Omarska
village.
5. Miroslav KVOCKA and Dragoljub PRCAC were deputies to
Zeljko MEAKIC and were in positions of authority superior to
everyone in the camp other than MEAKIC. For most of the
first month of the camp's operation, KVOCKA was the
commander of the camp. Prior to the start of the war, both
KVOCKA and PRCAC were officials at the Ministry of the
Interior in Prijedor.
6. Mladen RADIC a/k/a Mlado RADIC a/k/a Krkan; Milojica KOS
a/k/a Krle; and Momcilo GRUBAN a/k/a Ckalja were shift
commanders who each supervised one of the three shifts of
guards that operated the camp. As shift commanders, when
they were on duty, they were in positions of superior
authority to all the camp personnel, second only to the camp
commander and his deputies.
7. The following accused were among those who acted as
guards in the Omarska camp:
a. Zdravko GOVEDARICA
b. first name unknown GRUBAN
c. Predrag KOSTIC a/k/a KOLE
d. Nedeljko PASPALJ
e. Milan PAVLIC
f. Milutin POPOVIC
g. Drazenko PREDOJEVIC
h. Zeljko SAVIC
8. In addition to the above-listed accused, who regularly
performed duties in Omarska camp, other Serbs entered the
camp, subject to the authority of Zeljko MEAKIC, Miroslav
KVOCKA, and Dragoljub PRCAC, where they killed, beat or
otherwise physically abused prisoners. Among those who
entered the camp were the following accused:
a. Mirko BABIC
b. Nikica JANJIC
c. Dusan KNEZEVIC a/k/a Duca
d. Dragomir SAPONJA
f. Zoran ZIGIC a/k/a ZIGA
General Allegations:
9. At all times relevant to this indictment, a state of
armed conflict and partial occupation existed in the
territory of Bosnia-Herzegovina.
10. All acts or omissions set forth as grave breaches
recognised by Article 2 of the Statute of the Tribunal
occurred during that armed conflict and partial occupation.
11. All of the prisoners at the Omarska camp, and the
Bosnian Muslims and Croats of the opstina of Prijedor
referred to in this indictment were, at all relevant times,
persons protected by the Geneva Conventions of 1949.
12. All of the accused in this indictment were required to
abide by the mandate of the laws and customs governing the
conduct of war, including the Geneva Conventions of 1949.
13. Unless otherwise set forth below, all acts and omissions
set forth in this indictment took place between 24 May and
30 August 1992.
14. In each paragraph charging torture, the acts were
committed by, or at the instigation of, or with the consent
or acquiescence of, an official or person acting in an
official capacity, and for one or more of the following
purposes: to obtain information or a confession from the
victim or a third person; to punish the victim for an act
the victim or a third person committed or was suspected of
having committed; to intimidate or coerce the victim or a
third person; and/or for any reason based upon
discrimination of any kind.
15. In each paragraph charging crimes against humanity, a
crime recognised by Article 5 of the Statute of the
Tribunal, the alleged acts or omissions were part of a
widespread or large-scale or systematic attack directed
against a civilian population, specifically the Muslim and
Croat population of the Prijedor district.
16. Paragraphs 4 through 15 are realleged and incorporated
into each of the charges described below.
17. The term "Serb" refers either to Bosnian citizens of
Serbian descent or to individuals for whom it is unknown
whether they were Bosnian Serbs or citizens of Serbia
proper.
CHARGES:
ACCUSED: Zeliko MEAKIC
18.1. Zeljko MEAKIC, intending to destroy, in whole or in
part, the Bosnian Muslim and Bosnian Croat people as
national, ethnic, or religious groups, was complicit with
other persons in the killing of Bosnian Muslims and Bosnian
Croats from the opstina Prijedor at the Omarska camp,
thereby committing GENOCIDE, a crime recognised by Article
4(a) of the Statute of the Tribunal.
18.2. Zeljko MEAKIC, intending to destroy, in whole or in
part, the Bosnian Muslim and Bosnian Croat people as
national, ethnic, or religious groups, was complicit with
other persons in causing serious bodily or mental harm to
Bosnian Muslim and Bosnian Croat people from the opstina
Prijedor in Omarska camp, thereby committing GENOCIDE, a
crime recognised by Article 4(b) of the Statute of the
Tribunal.
18.3. Zeljko MEAKIC, intending to destroy, in whole or in
part, the Bosnian Muslim and Bosnian Croat people as
national, ethnic, or religious groups, was complicit with
other persons in the deliberate infliction of conditions of
life on Bosnian Muslim and Bosnian Croat people from the
opstina Prijedor at the Omarska camp calculated to bring
about their physical destruction in whole or in part,
thereby committing GENOCIDE, a crime recognised by Article
4(c) of the Statute of the Tribunal.
19.1. With respect to the allegations in this indictment,
Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC, Mladen
RADIC, Milojica KOS and Momcilo GRUBAN knew or had reason to
know that persons in positions of subordinate authority to
them at Omarska camp were about to commit those acts, or had
already committed those acts, and failed to take the
necessary and reasonable steps to prevent those acts or to
punish the perpetrators after the acts had been committed.
19.2 During the operation of Omarska camp, camp guards and
others who were subordinate to Zeljko MEAKIC, Miroslav
KVOCKA, Dragoljub PRCAC, Mladen RADIC, Milojica KOS and
Momcilo GRUBAN regularly and openly killed, raped, tortured,
beat, and otherwise subjected prisoners to conditions of
constant humiliation, degradation, and fear of death.
ACCUSED: Zeliko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN in their
capacity as superiors.
19.3. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in the wilful
killing of Omarska prisoners, including those described in
paragraphs hereunder, GRAVE BREACHES OF THE GENEVA
CONVENTIONS OF 1949 (hereinafter GRAVE BREACHES) recognised
by Articles 2(a) and 7(3) of the Statute of the Tribunal,
or;
19.4. Alternatively, Zeljko MEAKIC, Miroslav KVOCKA,
Dragoljub PRCAC, Mladen RADIC, Milojica KOS and Momcilo
GRUBAN are criminally responsible for the acts of their
subordinates in the murder of Omarska prisoners, including
those described in paragraphs hereunder, VIOLATIONS OF THE
LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(3) of
the Statute of the Tribunal and Article 3(1)(a) of the
Geneva Conventions.
19.5. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in the murder
of Omarska prisoners, including those described in
paragraphs hereunder, CRIMES AGAINST HUMANITY recognised by
Articles 5(a) and 7(3) of the Statute of the Tribunal
19.6. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in the
torture of Omarska prisoners, GRAVE BREACHES recognised by
Articles 2(b) and 7 (3) of the Statute of the Tribunal, or;
19.7. Alternatively, Zeljko MEAKIC, Miroslav KVOCKA,
Dragoljub PRCAC, Mladen RADIC, Milojica KOS and Momcilo
GRUBAN are criminally responsible for the acts of their
subordinates in the torture of Omarska prisoners, VIOLATIONS
OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and
7(3) of the Statute of the Tribunal and Article 3(1)(a) of
the Geneva Conventions.
19.8. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in the
torture of Omarska prisoners, CRIMES AGAINST HUMANITY
recognised by Articles 5(f) and 7(3) of the Statute of the
Tribunal
19.9. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in the rape
of Omarska prisoners, including those described in
paragraphs hereunder, CRIMES AGAINST HUMANITY recognised by
Articles 5(g) and 7(3) of the Statute of the Tribunal.
19.10. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in wilfully
causing great suffering to Omarska prisoners, including
those described in paragraphs hereunder, GRAVE BREACHES
recognised by Articles 2(c) and 7(3) of the Statute of the
Tribunal. or:
19.11. Alternatively, Zeljko MEAKIC, Miroslav KVOCKA,
Dragoljub PRCAC, Mladen RADIC, Milojica KOS and Momcilo
GRUBAN are criminally responsible for the acts of their
subordinates in the commission of outrages upon personal
dignity, including humiliating and degrading treatment of
the Omarska prisoners, VIOLATIONS OF THE LAWS OR CUSTOMS OF
WAR recognised by Articles 3 and 7(3) of the Statute of the
Tribunal and Article 3(1)(c) of the Geneva Conventions.
19.12. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for the acts of their subordinates in the
unlawful confinement of civilians, including those listed in
paragraphs hereunder, GRAVE BREACHES recognised by Articles
2(g) and 7(3) of the Statute of the Tribunal, or;
19.13. Zeljko MEAKIC, Miroslav KVOCKA, Dragoljub PRCAC,
Mladen RADIC, Milojica KOS and Momcilo GRUBAN are criminally
responsible for their own acts or omissions and for the acts
of their subordinates in the unlawful imprisonment of the
prisoners of Omarska, including those listed in paragraphs
hereunder, CRIMES AGAINST HUMANITY recognised by Articles
5(e) and 7(3) of the Statute of the Tribunal.
ACCUSED: Zeliko MEAKIC
20.1. Around 20 July 1992, the last remaining pocket of
Bosnian Muslims and Bosnian Croats was captured from the
area west of Prijedor town known as the Brdo. Many were
taken to Omarska camp. When they arrived, Zeljko MEAKIC and
camp guards beat them severely with batons and others
weapons.
20.2. Zeljko MEAKIC wilfully caused these prisoners great
suffering or serious injury to body or health, a GRAVE
BREACH recognised by Articles 2(c) and 7(1) of the Statute
of the Tribunal. or;
20.3. Alternatively, Zeljko MEAKIC wilfully subjected
these prisoners to cruel treatment, a VIOLATION OF THE LAWS
OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the
Statute of the Tribunal and Article 3(1)(a) of the Geneva
Conventions.
20.4. Zeljko MEAKIC committed inhumane acts on the Brdo
prisoners, a CRIME AGAINST HUMANITY recognised by Articles
5(i) and 7(1) of the Statute of the Tribunal.
21.1. About 25 June 1992, during an interrogation on the
first floor of the administration building, two guards beat
Saud BESIC repeatedly with batons and kicked him. Zeljko
MEAKIC entered the room, kicked Saud BESIC in the chest and
the two guards continued to beat him until he lost
consciousness.
21.2. Zeljko MEAKIC subjected Saud BESIC to inhuman
treatment, a GRAVE BREACH recognised by Articles 2(b) and
7(1) of the Statute of the Tribunal, or;
21.3. Alternatively, Zeljko MEAKIC inflicted cruel
treatment on Saud BESIC, a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR recognised by Articles 3 and 7(1) of the Statute of
the Tribunal and Article 3(1)(a) of the Geneva Conventions.
21.4. Zeljko MEAKIC subjected Saud BESIC to inhumane
acts, a CRIME AGAINST HUMANITY recognised by Articles 5(i)
and 7(1) of the Statute of the Tribunal.
ACCUSED: Mladen RADIC
22.1. During June and July, 1992, Mladen RADIC repeatedly
subjected "A" to forcible sexual intercourse. The first
occasion was on or about the night of 25 June 1992. Mladen
RADIC took "A" to a room downstairs in the administration
building, forced her on a table and subjected her to
forcible sexual intercourse. Two or three nights later,
RADIC again called "A" out of the room where she slept and
again subjected her to forcible sexual intercourse. On at
least three more occasions during June and July 1992, Mladen
RADIC called "A" out of the room in the administration
building where she slept and subjected her to forcible
sexual intercourse. These crimes are charged separately
below:
First Incident
22.2. Around 25 June, 1992, Mladen RADIC wilfully caused
"A" great suffering by subjecting her to forcible sexual
intercourse, a GRAVE BREACH recognised by Article 2(c) of
the Statute of the Tribunal or;
22.3. Alternatively, around 25 June 1992, Mladen RADIC
subjected "A" to cruel treatment by forcible sexual
intercourse, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Statute of the Tribunal and
Article 3(1)(a) of the Geneva Conventions.
22.4. Around 25 June 1992, Mladen RADIC raped "A", a
CRIME AGAINST HUMANITY recognised by Article 5(g) of the
Statute of the Tribunal.
Second Incident
22.5 Around 27 June 1992, Mladen RADIC wilfully caused
"A" great suffering by subjecting her to forcible sexual
intercourse, a GRAVE BREACH recognised by Article 2(c) of
the Statute of the Tribunal, or;
22.6. Alternatively, around 27 June 1992, Mladen RADIC
subjected "A" to cruel treatment by forcible sexual
intercourse, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Statute of the Tribunal and
Article 3(1)(a) of the Geneva Conventions.
22.7. Around 27 June, 1992, Mladen RADIC raped "A", a
CRIME AGAINST HUMANITY recognised by Article 5(g) of the
Statute of the Tribunal.
Third Incident
22.8. During July, 1992, Mladen RADIC wilfully caused "A"
great suffering by subjecting her to forcible sexual
intercourse, a GRAVE BREACH recognised by Article 2(c) of
the Statute of the Tribunal, or;
22.9. Alternatively, during July, 1992, Mladen RADIC
subjected "A" to cruel treatment by forcible sexual
intercourse, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Statute of the Tribunal and
Article 3(1)(a) of the Geneva Conventions.
22.10. During July, 1992, Mladen RADIC raped "A", a CRIME
AGAINST HUMANITY recognised by Article 5(g) of the Statute
of the Tribunal.
Fourth Incident
22.11. During late July, 1992, Mladen RADIC wilfully
caused "A" great suffering by subjecting her to forcible
sexual intercourse, a GRAVE BREACH recognised by Article
2(c) of the Statute of the Tribunal, or;
22.12. Alternatively, during late July, 1992, Mladen RADIC
subjected "A" to cruel treatment by forcible sexual
intercourse, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Statute of the Tribunal and
Article 3(1)(a) of the Geneva Conventions.
22.13. During late July, 1992, Mladen RADIC raped "A", a
CRIME AGAINST HUMANITY recognised by Article 5(g) of the
Statute of the Tribunal.
Fifth Incident
22.14. During late July, 1992, Mladen RADIC wilfully
caused "A" great suffering by subjecting her to forcible
sexual intercourse, a GRAVE BREACH recognised by Article
2(c) of the Statute of the Tribunal, or;
22.15. Alternatively, during late July 1992, Mladen RADIC
subjected "A" to cruel treatment by forcible sexual
intercourse, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Statute of the Tribunal and
Article 3(1)(a) of the Geneva Conventions.
22.16. During late July, 1992, Mladen RADIC raped "A", a
CRIME AGAINST HUMANITY recognised by Article 5(g) of the
Statute of the Tribunal.
ACCUSED: Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC.
23.1. In about July 1992, Zoran ZIGIC, Dusan KNEZEVIC and a
third unknown person savagely beat Becir MEDUNJANIN on two
occasions over a two day period in the "white house." The
accused assaulted Becir MEDUNJANIN with a club, a chair, a
baton and kicked him. The morning after the second assault
Becir MEDUNJANIN died in the room and his body was removed
from the camp immediately.
23.2. Zoran ZIGIC and Dusan KNEZEVIC participated in the
wilful killing of Becir MEDUNJANIN, a GRAVE BREACH
recognised by Article 2(a) and 7(1) of the Statute of the
Tribunal, or;
23.3. Alternatively, Zoran ZIGIC and Dusan KNEZEVIC
participated in the murder of Becir MEDUNJANIN, a VIOLATION
OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and
7(1) of the Statute of the Tribunal and Article 3(1)(a) of
the Geneva Conventions.
23.4. Zoran ZIGIC and Dusan KNEZEVIC participated in the
murder of Becir MEDUNJANIN, a CRIME AGAINST HUMANITY
recognised by Articles 5(a) and 7(1) of the Statute of the
Tribunal.
24.1. On or about 10 June 1992, Zoran ZIGIC, Dusan KNEZEVIC,
Dragomir SAPONJA, and Nikica JANJIC went to the Omarska
camp. ZIGIC, KNEZEVIC, SAPONJA, and JANJIC were not regular
guards at the camp, but were allowed into the camp to
murder, beat or otherwise physically abuse the prisoners. On
that particular day, they called four prisoners at the
Omarska camp, Emir BEGANOVIC, Rezak HUKANOVIC, Asef
KAPETANOVIC, and Sefik TERZIC into the "white house" and
severely beat them. The accused used metal batons and
cables, a knife, their fists and kicked the victims with
their military-style boots. victim: Emir BEGANOVIC
24.2. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in wilfully causing serious
injury to the body or health of Emir BEGANOVIC, a GRAVE
BREACH recognised by Articles 2(c) and 7(1) of the Statute
of the Tribunal, or;
24.3. Alternatively, Zoran ZIGIC, Dusan KNEZEVIC,
Dragomir SAPONJA, and Nikica JANJIC participated in
subjecting Emir BEGANOVIC to cruel treatment, a VIOLATION OF
THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1)
of the Statute of the Tribunal and Article 3(1)(a) of the
Geneva Conventions.
24.4. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in subjecting Emir BEGANOVIC to
inhumane acts, a CRIME AGAINST HUMANITY recognised by
Articles 5(i) and 7(1) of the Statute of the Tribunal.
victim: Rezak HUKANOVIC
24.5. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in wilfully causing serious
injury to the body or health of Rezak HUKANOVIC, a GRAVE
BREACH recognised by Articles 2(c) and 7(1) of the Statute
of the Tribunal, or;
24.6. Alternatively, Zoran ZIGIC, Dusan KNEZEVIC,
Dragomir SAPONJA, and Nikica JANJIC participated in
subjecting Rezak HUKANOVIC to cruel treatment, a VIOLATION
OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and
7(1) of the Statute of the Tribunal and Article 3(1)(a) of
the Geneva Conventions.
24.7. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in subjecting Rezak HUKANOVIC to
inhumane acts, a CRIME AGAINST HUMANITY recognised by
Articles 5(i) and 7(1) of the Statute of the Tribunal.
victim: Asef KAPETANOVIC
24.8. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in wilfully causing serious
injury to the body or health of Asef KAPETANOVIC, a GRAVE
BREACH recognised by Articles 2(c) and 7(1) of the Statute
of the Tribunal, or;
24.9. Alternatively, Zoran ZIGIC, Dusan KNEZEVIC, Dragomir
SAPONJA, and Nikica JANJIC participated in subjecting Asef
KAPETANOVIC to cruel treatment, a VIOLATION OF THE LAWS OR
CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the
Statute of the Tribunal and Article 3(1)(a) of the Geneva
Conventions.
24.10. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in subjecting Asef KAPETANOVIC to
inhumane acts, a CRIME AGAINST HUMANITY recognised by
Articles 5(i) and 7(1) of the Statute of the Tribunal.
victim: Sefik TERZIC
24.11. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in wilfully causing serious
injury to the body or health of Sefik TERZIC, a GRAVE BREACH
recognised by Articles 2(c) and 7(1) of the Statute of the
Tribunal, or;
24.12. Alternatively, Zoran ZIGIC, Dusan KNEZEVIC,
Dragomir SAPONJA, and Nikica JANJIC participated in
subjecting Sefik TERZIC to cruel treatment, a VIOLATION OF
THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1)
of the Statute of the Tribunal and Article 3(1)(a) of the
Geneva Conventions.
24.13. Zoran ZIGIC, Dusan KNEZEVIC, Dragomir SAPONJA, and
Nikica JANJIC participated in subjecting Sefik TERZIC to
inhumane acts, a CRIME AGAINST HUMANITY recognised by
Articles 5(i) and 7(1) of the Statute of the Tribunal.
ACCUSED: GRUBAN
25.1. Between early June and 3 August 1992, a guard at the
Omarska camp with the surname GRUBAN, who was a member of
Mladen RADIC's shift, repeatedly forced "F" from the room
where she was sleeping, took her to another room on the
first floor of the administration building in the Omarska
camp and subjected her to forcible sexual intercourse.
25.2. GRUBAN wilfully caused "F" great suffering by
subjecting her to forcible sexual intercourse, a GRAVE
BREACH recognised by Article 2(c) of the Statute of the
Tribunal. or;
25.3. Alternatively, GRUBAN-subjected "F" to cruel
treatment by forcible sexual intercourse, a VIOLATION OF THE
LAWS OR CUSTOMS OF WAR recognised by Article 3 of the
Statute of the Tribunal and Article 3(1)(a) of the Geneva
Conventions.
25.4. GRUBAN raped "F", a CRIME AGAINST HUMANITY
recognised by Article 5(g) of the Statute of the Tribunal.
ACCUSED: Predrag KOSTIC a/kla KOLE
26.1. Between early June and 3 August 1992, Predrag KOSTIC,
a guard at the Omarska camp, forced "F" from the room where
she was sleeping, took her to another room on the first
floor of the administration building in the Omarska camp and
subjected her to forcible sexual intercourse.
26.2. Predrag KOSTIC wilfully caused "F" great suffering
by subjecting her to forcible sexual intercourse, a GRAVE
BREACH recognised by Article 2(c) of the Statute of the
Tribunal. or:
26.3. Alternatively, Predrag KOSTIC subjected "F" to
cruel treatment by forcible sexual intercourse, a VIOLATION
OF THE LAWS OR CUSTOMS OF WAR recognised by Article 3 of the
Statute of the Tribunal and Article 3(1)(a) of the Geneva
Conventions.
26.4. Predrag KOSTIC raped "F", a CRIME AGAINST HUMANITY
recognised by Article 5(g) of the Statute of the Tribunal.
ACCUSED: MILUTIN POPOVIC, DRAZENKO PREDOJEVIC, ZELJKO SAVIC
and NEDELJKO PASPALJ
27.1 Around 6 July 1992, on the "pista", the victim Rizah
HADZALIC, in response to a comment by a guard, used a common
polite Bosnian Muslim expression, "Bujrum". The accused
Milutin POPOVIC, together with the co-accused Drazenko
PREDOJEVIC, Zeljko SAVIC, Nedeljko PASPALJ and a guard known
only as "Nedo", went to Rizah HADZALIC and beat him for
using this Muslim expression. The four accused and "Nedo"
beat Rizah HADZALIC until he fell to the ground in a sitting
position. About half an hour later, Rizah HADZALIC died as a
result of the beating.
27.2. Milutin POPOVIC, Drazenko PREDOJEVIC, Zeljko SAVIC
and Nedeljko PASPALJ participated in the wilful killing of
Rizah HADZALIC, a GRAVE BREACH recognised by Article 2(a)
and 7(1) of the Statute of the Tribunal, or;
27.3. Alternatively, Milutin POPOVIC, Drazenko
PREDOJEVIC, Zeljko SAVIC and Nedeljko PASPALJ participated
in the murder of Rizah HADZALIC, a VIOLATION OF THE LAWS OR
CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the
Statute of the Tribunal and Article 3(1)(a) of the Geneva
Conventions.
27.4. Milutin POPOVIC, Drazenko PREDOJEVIC, Zeljko SAVIC
and Nedeljko PASPALJ participated in the murder of Rizah
HADZALIC, a CRIME AGAINST HUMANITY recognised by Article
5(a) and 7(1) of the Statute of the Tribunal.
ACCUSED: MILAN PAVLIC
28.1. In early June, 1992, a large group of prisoners were
confined in the canteen area of the administration building
of the Omarska Camp. One night an elderly man, Mehmedalija
NASIC, stood up and shouted in apparent protest over the
prisoners' confinement. He was, at the time, distressed and
possibly mentally disturbed by the conditions that he had
been forced to endure. The accused, Milan PAVLIC, a regular
guard at Omarska, ordered him to sit down. NASIC did not sit
down, and after a few minutes PAVLIC fired his rifle,
killing the victim and wounding several other prisoners
sitting nearby.
28.2. Milan PAVLIC, wilfully killed Mehmedalija NASIC, a
GRAVE BREACH recognised by Article 2(a) of the Statute of
the Tribunal, or;
28.3. Alternatively, Milan PAVLIC, murdered Mehmedalija
NASIC, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised
by Article 3 of the Statute of the Tribunal and Article
3(1)(a) of the Geneva Conventions.
28.4. Milan PAVLIC, murdered Mehmedalija NASIC, a CRIME
AGAINST HUMANITY recognised by Article 5(a) of the Statute
of the Tribunal.
ACCUSED: Zdravko GOVEDARICA
29.1. On or about 17 June 1992, Zdravko GOVEDARICA, a guard
in the Omarska camp, with four other guards whose names are
not known, took Serif VELIC, a prisoner in the camp, to a
room in the Administration Building where they stripped him
to his underwear, kicked him in the testicles, repeatedly
beat him with a baton and rifle, and kicked him in the ribs,
causing him to lapse in and out of consciousness.
29.2. Zdravko GOVEDARICA wilfully subjected Serif VELIC
to great suffering, a GRAVE BREACH recognised by Article
2(c) of the Statute of the Tribunal, or;
29.3. Alternatively, Zdravko GOVEDARICA subjected Serif
VELIC to cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, recognised by Article 3 of the Statute of the
Tribunal and Article 3(1)(a) of the Geneva Conventions.
29.4. Zdravko GOVEDARICA subjected Serif VELIC to
inhumane acts, a CRIME AGAINST HUMANITY recognised by
Article 5(i) of the Statute of the Tribunal
ACCUSED: MIRKO BABIC
30.1. "F" was taken to the Omarska camp as a prisoner in
early June 1992. Sometime between early June and 3 August
1992, "F" was taken to the Separcija building at the
entrance to the Omarska camp and placed in a room where
MIRKO BABIC subjected "F" to forcible sexual intercourse.
30.2. MIRKO BABIC wilfully caused great suffering to "F"
by subjecting her to forcible sexual intercourse, a GRAVE
BREACH recognised by Article 2(c) of the Statute of the
Tribunal, or;
30.3. Alternatively, MIRKO BABIC subjected "F" to cruel
treatment by forcible sexual intercourse, a VIOLATION OF THE
LAWS OR CUSTOMS OF WAR recognised by Article 3 of the
Statute of the Tribunal and Article 3 (1) (a) of the Geneva
Conventions of 1949.
30.4. MIRKO BABIC raped "F", a CRIME AGAINST HUMANITY
recognised by Article 5(g) of the Statute of the Tribunal.
ACCUSED: DUSAN KNEZEVIC
31.1. Around the latter part of June or first part of
July 1992, near the building known as the "white house," a
group of Serbs from outside the camp, including DUSAN
KNEZEVIC, ordered prisoners, whose names are not known, to
drink water like animals from puddles on the ground, jumped
on their backs and beat them until they were unable to move.
As the victims were removed in a wheelbarrow, one of the
Serbs discharged the contents of a fire extinguisher into
the mouth of one of the victims.
31.2. DUSAN KNEZEVIC participated in wilfully causing a
group of Omarska prisoners, whose names are not known, great
suffering or serious injury to body or health, a GRAVE
BREACH recognised by Articles 2(c) and 7(1) of the Statute
of the Tribunal, or;
31.3. Alternatively, DUSAN KNEZEVIC participated in
subjecting these unknown Omarska prisoners to cruel
treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 (1) (a) of the Geneva Conventions.
31.4. DUSAN KNEZEVIC participated in subjecting these
unknown Omarska prisoners to inhuman acts, a CRIME AGAINST
HUMANITY recognised by Articles 5(I) and 7(1) of the Statute
of the Tribunal.
Richard J. Goldstone
Prosecutor
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