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In this June 29, 1995 indictment, Slobodan Miljkovic, the Deputy Commander of a Serbian paramilitary unit, is charged with assault and murder. He is charged along with five other officers acting in his command. The charges relate to acts allegedly committed as part of a "campaign of terror" intended to force Bosnian Croats and Muslims to leave the area.
THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA
THE PROSECUTOR OF
THE TRIBUNAL
AGAINST
SLOBODAN MILJKOVIC a/k/a LUGAR
BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC a/k/a MIRO BRKO
STEVAN TODOROVIC a/k/a STIV a/k/a STEVO a/k/a MONSTRUM
SIMO ZARIC a/k/a SOLAJA
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
(Tribunal Statute), charges:
1. In 1991, almost 17,000 Bosnian Croats and Muslims, of
a total population of about 33,000, lived in the
municipality of Bosanski Samac in the Republic of Bosnia and
Herzegovina. By May 1995. fewer than 300 of the Bosnian
Croat and Muslim residents remained.
2. On 17 April 1992, Serb military forces from Bosnia and
elsewhere in the former Yugoslavia seized control of the
town of Bosanski Samac.
3. Because of its location at the northwestern edge of
the "Posavina Corridor," control of Bosanski Samac was
important to Serb efforts to create a Serb-controlled land
bridge between Serbia and the Krajina Serbs in Croatia and
western Bosnia and Herzegovina.
4. After seizing control in the military takeover, Serb
authorities undertook a campaign of terror designed to force
most Bosnian Croat and Muslim residents to leave the area.
5. Beginning on 17 April 1992, Serb military and
political authorities coordinated and carried out the
following actions as part of that campaign of terror:
a) arrested and detained most of the Bosnian Croat and
Muslim men in the municipality particularly the political,
economic, professional, academic, and civic leaders;
b) established and operated, primarily under the
authority of the Serb police, detention camps where
prisoners were killed, beaten, tortured, sexually assaulted,
and otherwise mistreated;
c) permitted units of paramilitary soldiers from Serbia
to enter the detention camps to kill and beat the prisoners;
d) forced Bosnian Croat and Muslim residents to leave
their homes, and permitted Serb residents to move into the
vacated homes;
e) expelled, through force or intimidation, Bosnian
Croat and Muslim residents of the municipality to other
countries and other parts of Bosnia and Herzegovina;
f) required Bosnian Croat and Muslim men, women, and
children to work on forced labor projects, such as digging
trenches and other work at military confrontation lines;
g) robbed Bosnian Croat and Muslim residents of their
cars, cash and valuables, and looted their homes;
h) looted and dismantled equipment and inventories
from Bosnian Croat and Muslim businesses;
i) issued orders prohibiting Bosnian Croats and
Muslims from congregating in public and requiring Bosnian
Croats and Muslims to wear white arm bands to identify
themselves as non- Serbs;
j) confiscated the bank accounts of many Bosnian
Croats and Muslims and blocked the funds in those accounts;
k) mobilised Bosnian Croat and Muslim men into the
Bosnian Serb army and sent them to the front lines;
l) created such an atmosphere of fear and oppression
among the non-Serb population that most Bosnian Croat and
Muslim residents fled the area.
THE ACCUSED:
6. Slobodan MILJKOVIC, a/k/a Lugar, born in 1953, from
Kragujevac, Serbia, was the Deputy Commander of the 2nd
Posavina Brigade, also known as the "Gray Wolves," a
paramilitary unit from Serbia.
7. Blagoje SIMIC, born in 1960, is a medical physician from
Kruskovo Polje, Bosanski Samac municipality who is the
president of the Serbian Democratic Party (SDS) in Bosanski
Samac and was Vice-Chairman of the town assembly from 1991
through 17 April 1992. From 4 November 1991 through at least
30 November 1992, Blagoje SIMIC was the Deputy of the
Assembly of the self-declared "Serb Autonomous Region of
Northern Bosnia," later called the "Serb Autonomous Province
of Semberija and Majevica," of the "Serb Republic of Bosnia
and Herzegovina." In March 1992, Blagoje Simic declared
himself head of the "Serb Municipality Bosanski Samac."
After the military takeover of Bosanski Samac on 17 April
1992, Blagoje SIMIC became Chairman of the Bosanski Samac
Assembly, Chairman of the local SDS Crisis Staff and
President of the Wartime Presidency.
8. Milan SIMIC, born in 1958, a cousin of Blagoje SIMIC,
trained as an economist, was a member of the Fourth
Detachment, and after 17 April 1992 became Chairman of the
Executive Board of the Bosanski Samac Assembly;
9. Miroslav TADIC, a/k/a Miro Brko, born in 1937, from Odzak
municipality, formerly a teacher, ran the cafe "AS" in
Bosanski Samac and served as Simo Zaric's deputy in
connection with the Fourth Detachment. After 17 April 1992,
Miroslav Tadic became chairman of the Bosanski Samac
"Exchange Commission."
10. Stevan TODOROVIC, also known as (hereafter a/k/a) Stiv,
Stevo or Monstrum, born in 1957, from Donja Slatina,
Bosanski Samac municipality, was appointed Chief of Police
for Bosanski Samac after the 17 April 1992 military
takeover. Before then, Stevan Todorovic was an executive in
a bamboo furniture factory.
11. Simo ZARIC, a/k/a Solaja, born 25 July 1948, from
Donja Dubica, Odzak municipality, was a former police chief
of Bosanski Samac and State Security Service (SDB) agent
who, from 1 January 1992 through at least 31 August 1992,
organised and supervised a Serb territorial defence unit
known at first as the Fourth Detachment and later renamed
the 5th Battalion of the 2nd Posavina Brigade.
GENERAL ALLEGATIONS:
12. Unless otherwise set forth below, all acts and omissions
alleged in this indictment took place between about 17 April
and 20 November 1992 in Bosanski Samac municipality in the
Republic of Bosnia and Herzegovina in the territory of the
former Yugoslavia.
13. At all times relevant to this indictment, a state of
armed conflict and partial occupation existed in the
Republic of Bosnia and Herzegovina.
14. At all times relevant to this indictment, all persons
described in this indictment as victims were protected by
the Geneva Conventions of 1949.
15. At all times relevant to this indictment, all of the
accused in this indictment were required to abide by the
laws and customs governing the conduct of war, including the
Geneva Conventions of 1949.
16. In each paragraph of this indictment 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.
17. All acts and omissions charged as crimes against
humanity were part of a widespread, systematic or
large-scale attack against the Croat and Muslim residents of
the municipality of Bosanski Samac.
18. Each of the accused is individually responsible for the
crimes alleged against him in this indictment, pursuant to
Article 7(1) of the Tribunal Statute. Individual criminal
liability includes committing, planning, initiating,
ordering or aiding and abetting in the planning, preparation
or execution of any crime referred to in Articles 2 to 5 of
the Tribunal Statute.
19. Paragraphs 12 through 18 are realleged and incorporated
into each of the charges set forth below.
CHARGES:
COUNTS 1 - 2
Deportation and Transfer
20. From about 17 April 1992 through at least 4 September
1992, Simo ZARIC and Miroslav TADIC participated in the
planning of, and preparation for, the unlawful deportation
and forcible transfer of hundreds of Bosnian Croat and
Muslim residents, including women, children and the elderly,
from their homes in the Bosanski Samac municipality to other
countries or to other parts of the Republic of Bosnia and
Herzegovina not controlled by Serb forces. By these actions
Simo ZARIC and Miroslav TADIC planned, instigated, ordered
or committed:
Count 1: a GRAVE BREACH of the Geneva Conventions of 1949
(hereafter Grave Breach) recognised by Article 2(g)
(unlawful deportation or transfer) of the Tribunal Statute;
Count 2: a CRIME AGAINST HUMANITY recognised by Article 5(d)
(deportation) of the Tribunal Statute.
COUNTS 3 - 8
Killings at Crkvina
21. On about 6 May 1992, approximately 50 Bosnian Croat
and Muslim detainees who had been detained at the Bosanski
Samac Territorial Defence (hereafter TO) building were moved
by the Serb authorities to an agricultural cooperative
building in the nearby village of Crkvina. On about 7 May
1992, Slobodan MILJKOVIC, together with several other
paramilitary soldiers, came to the agricultural cooperative
building and ordered the detainecs to line up against a
wall. Slobodan MILJKOVIC then directed the soldiers to shoot
and himself participated in the shooting and killing of 16
of the detainees: Ivan Agatic, Jozo Antunovic, Ivan
Bartolovic, Luka Blazanovic, Niko Brandic, Luka Gregurevic,
Sead Hurtic, Franjo Mandic, Ilija Matic, Ivo Mijic, Josip
Orsolic, Ivo Tuzlak and four unknown males. At the same
time, Slobodan MILJKOVIC caused fear of immediate death and
great mental suffering among the other 34 detainees,
including Juro Basic, Ibro Taletovic, Mato Tufekovic, and
Vinko Tufekovic. By these actions, Slobodan MILJKOVIC
ordered or committed;
Counts 3 and 4: GRAVE BREACHES recognised by Article 2(a)
(wilful killing) and Article 2(c) (wilfully causing great
suffering) of the Tribunal Statute;
Counts 5 and 6: VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (murder) (cruel treatment) of the Geneva
Conventions;
Counts 7 and 8: CRIMES AGAINST HUMANITY recognised by
Article 5(a) (murder) and Article 5(i) (inhumane acts) of
the Tribunal Statute.
COUNTS 9 - 11
Killing of Anto Brandic
22. On about 26 April 1992, at the Bosanski Samac TO
building and yard, Slobodan MILJKOVIC killed Anto Brandic'
a/k/a Dikan by beating him repeatedly with a wooden club and
shooting him. By these actions, Slobodan MILJKOVIC
committed:
Count 9: a GRAVE BREACH recognised by Article 2(a) (wilful
killing) of the Tribunal Statute;
Count 10: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (murder) of the Geneva Conventions;
Count 11: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal .Statute
COUNTS 12- 14
Killing of Bartol Kljajic
23. On about 7 July 1992, after beating several detainees
at the gymnasium of the Bosanski Samac secondary school,
Slobodan MILJKOVIC shot Bartol Kljajic in the head. By these
actions, Slobodan MILJKOVIC committed:
Count 12: a GRAVE BREACH recognised by Article 2(a) (wilful
killing) of the Tribunal Statute;
Count 13: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (murder) of the Geneva Conventions;
Count 14: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal Statute.
COUNTS 15- 17
Killing of Marko Evic
24. On about 7 July 1992, after beating several detainees
at the gymnasium of the Bosanski Samac secondary school and
shooting Bartol Kljajic in the head, Slobodan MILJKOVIC
ordered one of the guards to beat Marko Evic, and the guard
shot and killed Marko Evic. By these actions, Slobodan
MILJKOVIC instigated, ordered, or otherwise aided and
abetted:
Count 15: a GRAVE BREACH recognised by Article 2(a) (wilful
killing) of the Tribunal Statute;
Count 16: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (murder) of the Geneva Conventions;
Count 17: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal Statute
COUNTS 18 - 20
Beatings
25. On several different occasions between 17 April 1992
and 30 June 1992, at or near the Bosanski Samac police
headquarters (hereafter SUP) and TO buildings, Slobodan
MILJKOVIC beat Croat and Muslim detainees who were confined
there, including Muhamed Bicic, Esad Dagovic, Dragan Lukac,
Father Jozo Puskaric, Sulejman Tihic, and Grgo Zubak by
kicking them and hitting them with many different
implements, including a police baton, a large metal wrench,
an automobile shock absorber, and an automobile jack. By
these actions, Slobodan MILJKOVIC committed:
Count 18: a GRAVE BREACH recognised by Article '2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 19: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (cruel treatment) of the Geneva Conventions;
Count 20: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute;
COUNTS 21 - 23
Beating of Father Jozo Puskaric
26. On about 8 June 1992, Slobodan MILJKOVIC took Father
Jozo Puskaric, a Roman Catholic priest, from the SUP
building where Father Puskaric was being detained to a
nearby building housing a radio transmitter, where Slobodan
MILJKOVIC beat Father Puskaric and broke a bone in his face
by striking him with a hard object. By these actions,
Slobodan MILJKOVIC committed:
Count 21: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 22: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (cruel treatment) of the Geneva Conventions;
Count 23: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 24 - 26
Beating of Muhamed Bicic
27. On an occasion sometime between about I June and 30
June 1992, in the hallway of the gymnasium of the Bosanski
Samac primary school, Milan SIMIC and several others kicked
Muhamed Bicic' and beat him repeatedly with iron bars and
chair legs. By these actions, Milan SIMIC committed or
otherwise aided and abetted:
Count 24: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
~
Count 25: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (cruel treatment) of the Geneva Conventions;
Count 26: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 27 - 29
Killing of Anto Brandic
28. On about 29 July 1992, in the hallway of the SUP
building in Bosanski Samac, Stevan TODOROVIC and others
killed Anto Brandic a/k/a Antesa by repeatedly beating and
kicking him with police batons and heavy boots. By these
actions, Stevan TODOROVIC committed or other-,vise aided and
abetted:
Count 27: a GRAVE BREACH recognised by Article 2(a) (wilful
killing) of the Tribunal Statute;
Count 28: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (murder) of the Geneva Conventions;
Count 29: a CRIME AGAINST HUMANITY recognised hy Article
5(a) (murder) of the Tribunal Statute.
COUNTS 30 - 32
Beatings in the SUP Building
29. On about 29 July 1992, in the hallway of the SUP
building in Bosanski Samac, Stevan TODOROVIC and others
repeatedly beat and kicked Enver Ibralic, Hasan Jasarevic,
Omer Nalic, and Father Jozo Puskaric with police batons and
heavy boots, thereby causing the victims physical injury. By
these actions, Stevan TODOROVIC committed or otherwise aided
and abetted:
Count 30: a GRAVE BREACH (wilfully causing great suffering)
recognised by Article 2(c) of the Tribunal Statute;
Count 31: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (cruel treatment) of the Geneva Conventions;
Count 32: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 33 - 35
Beating of Silvestar Antunovic
30. On about 15 July 1992, in the gymnasium of the
Bosanski .Samac primary school, Stevan TODOROVIC and others
repeatedly beat Silvestar Antunovic with a large wooden
club. As a result of the beating, Silvestar Antunovic
suffered partial paralysis and other serious physical
injury. By these actions. Stevan TODOROVIC committed or
otherwise aided and abetted:
Count 33: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 34: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (cruel treatment) of the Geneva Conventions;
Count 35: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 36 -38
Sexual Assault
31. On about 13 June 1992 in the hallway of the Bosanski
Samac SUP building, Stevan TODOROVIC forced Witness A and
Witness B to perform sexual acts upon each other in the
presence of several other prisoners and guards. By these
actions, Stevan TODOROVIC instigated, ordered, and
committed:
Count 36: a GRAVE BREACH recognised by Article 2(b) (inhuman
treatment) of the Tribunal Statute;
Count 37: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(c) (humiliating and degrading treatment) of the Geneva
Conventions:
Count 38: a CRIME AGAINST HUMANITY recognised by Article
5(g) (rape, which includes other forms of sexual assault) of
the Tribunal Statute.
COUNTS 39 - 41
Torture of Omer Nalic
32. On about 19 June 1992, at the Bosanski Samac primary
school, while questioning Omer Nalic about a radio
transmitter, Stevan TODOROVIC ordered three men to beat Omer
Nalic. By these actions, Stevan TODOROVIC instigated,
ordered, committed or aided and abetted:
Count 39: a GRAVE BREACH recognised by Article 2(b)
(torture) of the Tribunal Statute;
Count 40: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article
3(1)(a) (torture) of the Geneva Conventions;
Count 41: a CRIME AGAINST HUMANITY recognised by Article
5(f) (torture) of the Tribunal Statute:
COUNTS 42 - 56 Superior Authority
33. After about 17 April 1992, Blagoje SIMIC was the
highest ranking civilian official in the municipality of
Bosanski Samac, and as such, was in a position of superior
authority to Stevan TODOROVIC, the newly-appointed Serb
Chief of Police.
34. With respect to the acts and omissions of Stevan
TODOROVIC set forth in this indictment, Blagoje SIMIC knew
or had reason to know that Stevan TODOROVIC was about to
commit such acts or had done so, and Blagoje SIMIC failed to
take the necessary and reasonable measures to prevent such
acts or to punish Stevan TODOROVIC. By these acts or
omissions, Blagoje SIMIC was criminally responsible for the
actions of Stevan TODOROVIC and committed:
regarding the killing of Anto Brandic' described in
paragraph 28:
Count 42: a GRAVE BREACH recognised by Articles 2(a) and
7(3) (wilful killing) of the Tribunal Statute;
Count 43: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute
and Article (3)(1)(a) (murder) of the Geneva Conventions:
Count 44: a CRIME AGAINST HUMANITY recognised by Articles
5(a) and 7(3) (murder) of the Tribunal Statute.
regarding the beatings described in paragraph 29:
Count 45: a GRAVE BREACH recognised by Articles 2(c) and
7(3) (wilfully causing great suffering) of the Tribunal
Statute;
Count 46: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
recognised by Articles 3 and 7(3) of the Tribunal Statute
and Article (3)(1)(a) (cruel treatment) of the Geneva
Conventions;
Count 47: a CRIME AGAINST HUMANITY recognised by Articles
5(i) and 7(3) (inhumane acts) of the Tribunal Statute.
regarding the beating of Silvestar Antunovic described in
paragraph 30:
Count 48: a GRAVE BREACH recognised by Articles 2(c) and
7(3) (wilfully causing great suffering) of the Tribunal
Statute;
Count 49: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute
and by Article (3)(1)(a) (cruel treatment) of the Geneva
Conventions;
Count 50: a CRIME AGAINST HUMANITY recognised by Articles
5(i) and 7(3) inhumane acts) of the Tribunal Statute.
regarding the sexual assault described in paragraph 31:
Count 51: a GRAVE BREACH recognised by Articles 2(b) and
7(3) (inhuman treatment) of the Tribunal Statute;
Count 52: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute
and by Article (3)(1)(c) (humiliating and degrading
treatment) of the Geneva Conventions;
Count 53: a CRIME AGAINST HUMANITY recognised by Articles
5(g) and 7(3) (rape and other forms of sexual assault) of
the Tribunal Statute.
regarding the torture of Omer Nalic described in paragraph
32:
Count 54: a GRAVE BREACH recognised by Articles 2(b) and
7(3) (torture) of the Tribunal Statute;
Count 55: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute
and by Article (3)(1)(a) (torture) of the Geneva
Conventions;
Count 56: a CRIME AGAINST HUMANITY recognised by Articles
5(t) and 7(3) (torture) of the Tribunal Statute.
/a/Richard J. Goldstone
Prosecutor
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