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From May 24, 1992 to August 30, 1992, three thousand Bosnian Muslims and Bosnian Croats were held under armed guard in what was previously a ceramics factory and storage area complex in the former Yugoslavia. In this June 21, 1995 indictment, Dusko Sikirica, who was allegedly in charge of the camp, is charged with violations of the laws and customs of war and crimes against humanity. These charges relate to the alleged murder, rape and torture of prisoners. Twelve individuals who are described as acting under Sikirica's command are charged with the same crimes.
THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
Dusko SIKIRICA a/k/a "Sikira"
Damir DOSEN a/k/a "Kajin"
Dragan FUSTAR a/k/a "Fustar"
Dragan KULUNDZIJA a/k/a "Kole"
Nenad BANOVIC a/k/a "Bani"
Predrag BANOVIC a/k/a "Cupo"
Nikica JANJIC
Dusan KNEZEVIC a/k/a "Duca"
Dragan KONDIC
Goran LAJIC
Dragomir SAPONJA
Nedeljko TIMARAC
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 (hereinafter "the Statute"), charges:
1. From about 24 May to about 30 August, 1992, Herb forces unlawfully
seized and confined more than 3,000 Bosnian Muslims and Bosnian Croats
from the opstina Prijedor, in the Republic of Bosnia-Herzegovina, in
inhumane conditions, under armed guard, in the Keraterm "camp",
located in a former ceramics factory and storage area complex located
just outside the town of Prijedor As set forth below, detainees at
Keraterm camp were killed, sexually assaulted, tortured, beaten, and
otherwise subjected to cruel and inhuman treatment
2. Unless otherwise specified, all acts and omissions set forth in
this indictment took place between 24 May and 30 August 1992.
3. At all times relevant to this indictment, a state of armed
conflict and partial occupation existed in the Republic of
Bosnia-Herzegovina.
4. All acts or omissions set forth as grave breaches recognised by
Article 2 of the Statute and violations of the laws or customs of war
pursuant to Article 3 of the Statute occurred during that armed
conflict and partial occupation.
5. All of the Bosnian Muslim and Bosnian Groat detainees at Keraterm
camp, and the Bosnian Muslims and Croats of the opstina Prijedor
referred to in this indictment were, at all relevant times, persons
protected by the Geneva Conventions of 1949.
6. All of the accused in this indictment were required to abide by the
mandate of the laws and customs governing the conduct of armed
conflict, including, the Geneva Conventions of 1949
7. 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.
8. In each paragraph charging crimes against humanity, crimes
recognised by Article 5 of the Statute, the alleged acts or omissions
were part of a widespread or large-scale or systematic attack directed
against a civilian population.
9. The term "Serb" refers to persons of Serbian descent who were
either Bosnian citizens or citizens from any other part of the former
Yugoslavia.
The Accused:
10. The persons accused in this indictment were commanders, guards,
interrogators, and others responsible for the conditions and
mistreatment of detainees in Keraterm camp.
10.1. Dusko SIKIRICA also known as (hereinafter a/k/a) "Sikira." Date
and place of birth (hereinafter DPOB): 23 March 1964, Cirkin Polje,
Opstina Prijedor, Bosnia-Herzegovina. Current address: Cirkin Polje.
He was in charge of Keraterm camp and was in a position of superior
authority to everyone else in the camp.
10.2. The following, three men were shift commanders who each
supervised one of the three shifts of guards that operated the camp.
As shift commanders, when on duty, they were in positions of superior
authority to all persons within the camp, second only to the camp
commander.
(a) Damir DOSEN a/k/a "Kajin"
(b) Dragan FUSTAR a/k/a "Fustar" DPOB: 28 Mar. 1956, Prijedor,
Bosnia-Herzegovina. Current address: 1 May Street, No. 41, Prijedor.
(c) Dragan KULUNDZIJA a/k/a "Kole" DPOB: 31 July 1966, Gradina,
Bosnia-Herzegovina. Current address: Prijedor.
10.3. The accused listed below were among those who acted as guards or
interrogators in the Keraterm camp:
(a) Nenad BANOVIC a/k/a "Bani" DPOB: 28 Oct. 1969, Prijedor,
Bosnia-Herzegovina. Current address: Skender Kulenovic Street 31,
Prijedor.
(b) Predrag BANOVIC a/k/a "Cupo" DPOB: 28 Oct. 1969, Prijedor,
Bosnia-Herzegovina. Current address: Skender Kulenovic Street 31,
Prijedor
(c) Goran LAJIC
(d) Dragan KONDIC DPOB: 8 Dec. 1964, Jaruge, Bosnia-Herzegovina.
Current Address: JNA Street b.b., Prijedor.
10.4. In addition to the accused described above who regularly
performed duties in Keraterm camp, others frequently entered the camp
and killed, beat or otherwise abused detainees. while they were in the
camp, they were subject to the authority of Dusko SIKIRICA, Damir
DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA. Among those who entered
the camp were the following:
(a) Nikica JANJIC
Current address: Donji Orlovci, Bosnia-Herzegovina
(c) Dragomir SAPONJA DPOB: 8 June 1965, Prijedor,
Bosnia-Herzegovina. Current address: Marsala Tita Street 56, Prijedor.
(d) Nedjeljko TIMARAC DPOB: 18 Apr. 1954, Donji Orlovci,
Bosnia-Herzegovina. Current address: Donji Orlovci.
(e) Zoran ZIGIC a/k/a "Ziga" DPOB: 20 Sept. 1958, Kozarac,
Bosnia-Herzegovina. Current address: Muharem Softic Street 16,
Prijedor; or Military Detention area, Banja Luka
11. Paragraphs 1 through 10 are re-alleged and incorporated into each
of the charges set forth below.
CHARGES:
I. GENOCIDE
ACCUSED: Dusko SIKIRICA
12. Dusko SIKIRICA, intending to destroy, in whole or in part, the
Bosnian Muslim and Bosnian Croat people as national, ethnic, or
religious groups, was complicit in committing GENOCIDE, a crime
recognised by Article 4(3)(e) of the Statute, by participating in, or
being responsible for, the following acts:
Count:
12.1. killing members of the groups from the opstina Prijedor in the
Keraterm camp (Art. 1(2)(a));
Count:
12.2. causing serious bodily or mental harm to members of the groups
from the opstina Prijedor in the Keraterm camp (Art. (2)(b)); and
Count:
12.3. deliberate infliction of conditions of life on members of the
groups from the opstina Prijedor in Keraterm camp, calculated to bring
about their physical destruction, in whole or part (Art. 1(2)(c)).
II. CRIMINAL RESPONSIBILITY IN THIS CAPACITY AS A SUPERIOR AUTHORITY
ACCUSED: Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR. and Dragan
KULUNDZIJA in their capacity as superiors
13.1. During, the operation of Keraterm camp, the vast majority of the
detainees were held in the Keraterm factory building, in what were
previously four storage areas, known as "room 1, room 2, room 3, and
room 4." The overcrowded conditions in the rooms were extreme, to the
extent that on many occasions the detainees could not lie down.
Facilities for personal hygiene were all but non-existent. The toilet
facilities were completely inadequate, so that frequently the toilet
area was awash in urine and feces. The detainees were fed starvation
rations once a day, with little time to eat. The little water they
received was ordinarily foul. Detainees had 110 changes of clothing
and 110 bedding. They received little or no medical care.
13.2. On a regular basis, camp guards and others who came to the camp
to abuse the detainees, all of whom were subordinate to Dusko
SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA, subjected
the detainees to physical violence, constant humiliation, degradation,
inhumane conditions, and fear of death. Hundreds of detainees were
killed by the guards and others. Severe beatings were commonplace. All
manner of weapons were used during these beatings, including wooden
batons, metal rods, baseball bats, lengths of thick industrial cable
that had metal balls affixed to the end, rifle butts, and knives. The
killings, beatings, sexual assaults, and other cruel and humiliating
actions were committed on every shift and were often inflicted in full
view of the other detainees. Many detainees, whose identities are
known and unknown, did not survive. The corpses of detainees were
piled next to a garbage area adjacent to room 4 prior to their removal
from the camp.
13.3. With respect to the acts described above and each act or
omission charged hereafter in this indictment, except those charges
where one or more of these accused is separately charged, Dusko
SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA knew or
had reason to know that persons in positions of subordinate authority
to them were about to commit those acts, or had already committed
those acts, and failed either to take the necessary and reasonable
steps to prevent those acts or to punish the perpetrators after the
acts had been committed.
13.4. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan
KULUNDZIJA are criminally responsible for the killing, of Keraterm
camp detainees by their respective subordinates and others subject to
their authority, including the killings described in paragraphs 14,
15, 17 - 20, 24 and 25, and thereby committed:
Count:
13.1.1. GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 1919 (hereinafter
GRAVE BREACHES), wilful killings, recognised by Articles 2(a) and 7(3)
of the Statute;
Count:
13.4.2. VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, murder, recognised
by Articles 3 and 7(3) of the Statute and by Article (3)(1)(a) of the
Geneva Conventions; and
Count:
13.1.3. CRIMES AGAINST HUMANITY, murder, recognised by Articles 5(a)
and 7(3) of the Statute.
13.5. Dusko SIKIRICA is criminally responsible for the torture of
Keraterm detainees by his subordinates and others subject to his
authority, including those described in paragraphs 21, 22, and 30, and
thereby committed:
Count:
13.5.1. a GRAVE BREACH, torture, recognised by Articles 2(b) and 7(3)
of the Statutes;
Count:
13.5.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, torture, recognised
by Articles 3 and 7(3) of the Statute and by Article (3)(1)(a) of the
Geneva Conventions: and
Count:
13.5.3. a CRIME AGAINST HUMANITY, torture, recognised by Articles 5(f)
and 7(3) of the Statute.
Count:
13.6. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan
KULUNDZIJA are criminally responsible for the wilful causing of great
suffering to all the Keraterm detainees, including those acts or
omissions described in paragraphs 14, 16, 19, 20, 23, 26 - 29, and 31
- 33, by their respective subordinates and others subject to their
authority and thereby committed GRAVE BREACHES recognised by Articles
2(c) and 7(3) of the Statute.
Count:
13.7. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan
KULUNDZIJA are criminally responsible for the commission of outrages
upon the personal dignity of all the Keraterm detainees, including
those described in paragraphs 14-33, by their respective subordinates
and others subject to their authority, and thereby committed
VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and
7(3) of the Statute and Article 3(1)(c) of the Geneva Conventions.
Count:
13.8. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan
KULUNDZIJA are criminally responsible for the acts of their respective
subordinates and others subject to their authority, who subjected the
Bosnian Muslim and Bosnian Croat detainees of Keraterm, including
those described in paragraphs 14 - 33, to persecution on political,
racial, and/or religious grounds, and thereby committed a CRIME
AGAINST HUMANITY recognised by Articles 5(h) and 7(3) of the Statute.
Count:
13.9. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan
KULUNDZIJA are criminally responsible for the acts or omissions of
their respective subordinates and others subject to their authority,
in subjecting the detainees of Keraterm, including those described in
paragraphs 14 - 33, to inhumane acts and treatment, and thereby
committed a CRIME AGAINST HUMANITY recognised by Articles 5(i) and
7(3) of the Statute.
III. INDIVIDUAL CRIMINAL RESPONSIBILITY
ACCUSED: Dusko SIKIRICA: Damir DOSEN' Dragan FUSTAR; Dragan
KULUNDZIJA; Nenad BANOVIC; Predrag BANOVIC: Nikica JANJIC; Dusan
KNEZEVIC; Dragan KONDIC; Goran LAJIC; Dragomir SAPONJA; Nedjeljko
TIMARAC; Zoran ZIGIC
14.1. About 20 July 1992, detainees from an area of the opstina
Prijedor known as "Brdo," which included the villages of Hambarine,
Carakovo, Rakovcani, Biscani, and Rizvanovici, were brought to
Keraterm camp. The detainees from the Brdo area were crowded into room
3. The previous occupants of room 3, had earlier been transferred to
other rooms.
14.2. About 24 July 1992, the detainees in room 3 were not allowed out
of the room. During the day and early evening,, machine guns were set
up in front of the rooms. That night soldiers were brought into the
camp and formed a semi circle around room
14.3. Later that night, the guards and soldiers, including Zoran
ZIGIC, began firing into the room with machine guns and heavy calibre
guns. The firing continued off and on over a period of several hours,
alternating between continuous fire and short bursts of fire. The fire
was directed toward room 3. However, some of the bullets went into at
least one of the other rooms. On that evening, Dragan KULUNDZIJA was
the guard shift commander. He gave orders that the other rooms were
not to be fired on. He gave no orders that room 3 was not to be fired
on.
14.4. Dragan KULUNDZIJA, as guard shift commander, Zoran ZIGIC, and
camp guards and others whose identities are unknown, participated in
the murder of at least 140 men from the "Brdo" area detained in room
3, including: Salko CRLJENKOVIC, Senad CRLJENKOVIC, Muharem SIKIRIC,
Fahrudin AVDIC, Halid ALISKOVIC, another man named Halid ALISKOVIC,
Jusuf ALISKOVIC, Kasim FAZLIC, Adem FAZLIC, Besim FAZLIC, Dzemal
FAZLIC, Kemal FAZLIC, Hasan CRLJENKOVIC, Muharem BEGOVIC, Nazmija
BEGOVIC, Mirhad CAUSEVIC, Nihad CAUSEVIC, Suad ZERIC, "Ita" ZERIC,
Cazim MUJADZIC, Hasan MUJADZIC, "Kiba", Mehmed AVDIC, Mehmedalija
SIKIRIC, "Dzole" MEDIC, Nazmija ALISKOVIC, Emsud ALISKOVIC, Sulejman
DZAMASTAGIC, Ferid DZAMASTAGIC, Sefko DZAMASTAGIC, Sulejman
RAMCINOVIC, Karanfil ALISKOVIC, Mehmedalija KARDUMOVIC, Mustafa
FAZLIC, Hasan DZAMASTAGIC, a/k/a Sivi, Damir DZAMASTAGIC, Sejfo
DZAMASTAGIC, Samir KARDUMOVIC, Sakib KARDUMOVIC, Asmir KARDUMOVIC,
Saud CAUSEVIC. Mirhad DURATOVICI a/k/a Mita, Fahrudin AVDIC, Huzeir
RAMULIC, Bego AVDIC, Smail SIKIRIC, Ferid SIKIRIC a/k/a Eka, Fadil
HAMULIC, and Fikret MEDIC a/k/a Jovo. Dragan KULUNDZIJA, by being a
superior responsible for the acts of his subordinates and by direct
participation, and Zoran ZIGIC [hereby committed:
Count:
14.4.1. a GRAVE BREACH, wilful killing, recognised by Articles 2(a)
and 7(1) of the Statute, and, with respect to Dragan KULUNDZIJA, also
Article 7(3) of Statute;
Count:
14.4.2. a VIOLATION OF THE LAWS AND CUSTOMS OF WAR, murder, recognised
by Articles 3 and 7(1) of the Statute, and with respect to Dragan
KULUNDZIJA also 7(3) of the Statute, and by Article 3(1)(a) of the
Geneva Conventions; and
Count:
14.4.3. a CRIME AGAINST HUMANITY, murder, recognised by Articles 5(a)
and 7(1) of the Statute, and, with respect to Dragan KULUNDZIJA, also
Article 7(3) of the Statute.
14.5. Dragan KULUNDZIJA, Zoran ZIGIC and camp guards, and others whose
identities are unknown, participated in wounding, by gunfire,
approximately 50 men from the "Brdo" area detained in room 3,
including: Safet CRLJENKOVIC, Dervis CRLJENKOVIC, Ramo CRLJENKOVIC,
and Alija HRAPIC. Dragan KULUNDZIJA, as a superior responsible for the
acts of his subordinates and by direct participation, Zoran ZIGIC, and
camp guards and others whose identities are unknown thereby committed:
Count:
14.5.1. a GRAVE BREACH, wilfully causing great suffering or serious
injury to body or health, recognised by Articles 2(c) and 7(1) of the
Statute, and, with respect to Dragan KULUNDZIJA, also Article 7(3) of
the Statute;
Count:
14.5.2. a VIOLATION OF THE LAWS AND CUSTOMS OF WAR, cruel treatment,
recognised by Articles 3 and 7(1) and with respect to Dragan
KULUNDZIJA also 7(3) of the Statute, and by Article 3(1)(a) of the
Geneva Conventions; and
Count:
14.5.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by
Articles 5(i) and 7(1) of the Statute, and, with respect to Dragan
KULUNDZIJA, also Article 7(3) of the Statute.
15. On or about 25 July 1992, the morning after the attack on room 3,
Dusko SIKIRICA was present with Dragan KUSTAR when FUSTAR told the
surviving detainees of room 3 that six detainees had escaped and that
the organisers of the escapes would be held responsible. Twenty
detainees were then selected, brought outside the room and summarily
executed. By being superiors responsible for the acts of their
subordinates and by direct participation in the killing of 20
detainees, Dusko SIKIRICA and Dragan FUSTAR thereby committed:
Count:
15.1. a GRAVE BREACH, wilful killing, recognised by Articles 2(a),
7(1) and 7(3)of the Statute of the Tribunal;
Count:
15.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, murder, recognised by
Articles 3, 7(1) and 7(3) of the Statute of the Tribunal and by
Article (3)(1)(a) of the Geneva Conventions; and
Count:
15.3. a CRIME AGAINST HUMANITY, murder, recognised by Articles 5(a),
7(1) and 7(3) of the Statute of the Tribunal.
16. Around 25 June 1992, a group of detainees including Redzep GRABIC
were frequently called out of room 2. Damir DOSEN, Dusan KNEZEVIC,
Zoran ZIGIC and others then severely beat the group of detainees from
room 2 including Redzep GRABIC with objects, including wooden clubs
and metal bars. As a result of the beatings, Redzep GRABIC lost
consciousness. Damir DOSEN, by being a superior responsible for [he
acts of his subordinates and by direct participation, Dusan KNEZEVIC
and Zoran ZIGIC thereby committed:
Count:
16. 1. a GRAVE BREACH, great suffering, recognised by Articles 2(c),
7(1), and, with respect to Damir DOSEN, also 7(3) of the Statute;
Count :
16.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Articles 3, 7(1), and, with respect to Damir DOSEN, also
7(3) of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
16.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Articles
5(i), 7(1). and, with respect to Damir DOSEN, also 7(3)of the Statute.
17. During the middle of July, 1992, on one evening Besim HRGIC was
called out of room 4 and severely beaten by Predrag BANOVIC, Dusan
KNEZEVIC, and Nikica JANJIC. HRGIC died of the injuries received
during that beating. By their actions, Predrag BANOVIC, Dusan
KNEZEVIC, and Nikica JANJIC thereby committed:
Count:
17.1. a GRAVE BREACH, wilful killing, recognised by Article 2(a) of
the Statute.
Count:
17.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, murder, recognised by
Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and,
Count:
17.3. a CRIME AGAINST HUMANITY, murder, recognised by Article 5(a) of
the Statute.
18. On one evening during the middle of July, 1992, a large number of
detainees were called out of the rooms separately, by a group of
guards and others, and severely beaten in turn. Several men died as a
result of those beatings. Among them were: Jasmin IZEJIRI, "Spija"
MESIC, and Drago TOKMANOVIC. Among the group of guards and others who
took part in the beatings and killings were Predrag BANOVIC, Nenad
BANOVIC, Nikica JANJIC, Goran LAJIC, Dusan KNEZEVIC, and Zoran ZIGIC.
Count:
18.1. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Goran LAJIC and
Zoran ZIGIC, did thereby commit a GRAVE BREACH, wilful killing of
Jasmin IZEJIRI, recognised by Article 2(a) of the Statute;
Count:
18.2. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Dusan KNEZEVIC,
and Zoran ZIGIC, did thereby commit a GRAVE BREACH, wilful killing of
"Spija" MESIC, recognised by Article 2(a) of the Statute;
Count:
18.3. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Goran LAJIC,
Dusan KNEZEVIC, and Zoran ZIGIC did thereby commit a GRAVE BREACH
wilful killing of Drago TOKMANOVIC, recognised by Article 2(a) of the
Statute;
Count:
18.4. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Goran LAJIC and
Zoran ZIGIC, did thereby commit a VIOLATION OF THE LAWS OR CUSTOMS OF
WAR, murder of Jasmin IZEJIRI, recognised by Article 3 of the Statute
and by Article (3)(1)(a) of the Geneva Conventions;
Count:
18.5. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Dusan KNEZEVIC,
and Zoran ZIGIC, did thereby commit a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, murder of "Spija" MESIC, recognised by Article 3 of the
Statute and by Article (3)(1)(a) of the Geneva Conventions;
Count:
18.6. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Goran LAJIC,
Dusan KNEZEVIC, and Zoran ZIGIC did thereby commit a VIOLATION OF THE
LAWS OR CUSTOMS OF WAR, murder of Drago TOKMANOVIC, recognised by
Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions;
Count:
18.7. Predrag BAKOVIC, Nenad BANOVIC, Nikica JANJIC, Goran LAJIC and
Zoran ZIGIC, did thereby commit a CRIME AGAINST HUMANITY, murder of
Jasmin IZEJIRI, recognised by Article 5(a) of the Statute:
Count:
18.8. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Dusan KNEZEVIC,
and Zoran ZIGIC, did thereby commit a CRIME AGAINST HUMANITY, murder
of "Spija" MESIC, recognised by Article 5(a) of the Statute;
Count:
18.9. Predrag BANOVIC, Nenad BANOVIC, Nikica JANJIC, Goran LAJIC,
Dusan KNEZEVIC, and Zoran ZIGIC did thereby commit a CRIME AGAINST
HUMANITY, murder of Drago TOKMANOVIC, recognised by Article 5(a) of
the Statute; or
Count:
18.10. alternatively to paragraphs 18.1 to 18.9, Predrag BANOVIC,
Nenad BANOVIC, Nikica JANJIC, Goran LAJIC, Dusan KNEZEVIC, and Zoran
ZIGIC did thereby commit a CRIME AGAINST HUMANITY, inhumane acts,
recognised by Article 5(i) of the Statute.
19. Around the latter part of June, 1992, Predrag BANOVIC, Nikica
JANJIC, Dusan KNEZEVIC, Dragan KONDIC, Goran LAJIC, Dragomir SAPONJA,
Zoran ZIGIC and others repeatedly called from room 2 a group of
detainees including Emsud BAHONJIC. Predrag BANOVIC, JANJIC, KNEZEVIC,
KONDIC, LAJIC, ZIGIC and others severely beat Emsud BAHONJIC and the
other detainees using their fists and objects. The beatings occurred
frequently over a period lasting approximately ten or more days.
During this period, KNEZEVIC, ZIGIC and others also forced BAHONJIC to
engage in various degrading, humiliating and/or painful acts, such as
lying on broken glass, repeatedly jumping from a truck, and engaging
in fellatio. BAHONJIC died from injuries received during the beatings.
19.1. By participating in the beatings causing the death of Emsud
BAHONJIC, Predrag BANOVIC, Nikica JANJIC, Dusan KNEZEVIC, Dragan
KONDIC, Goran LAJIC, Dragomir SAPONJA and Zoran ZIGIC thereby
committed:
Count:
19.1.1. a GRAVE BREACH, wilful killing, recognised by Article 2(a) of
the Statute:
Count:
19.1.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, murder, recognised
by Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
19.1.3. a CRIME AGAINST HUMANITY, murder, recognised by Article 5(a)
of the Statute; or
Count:
19.1.4. alternatively, a CRIME AGAINST HUMANITY, inhumane acts,
recognised by Article 5(i) and 7 (1) of the Statute.
19.2. By participating in forcing Emsud BAHONJIC to engage in the
degrading, humiliating and/or painful acts, Dusan KNEZEVIC and Zoran
ZIGIC committed:
Count:
19.2.1. a GRAVE BREACH, great suffering, recognised by Article 2(c) of
the Statute;
Count:
19.2.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and Article 3(1)(a) of the
Geneva Conventions; and
Count:
19.2.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
20. Around the latter part of June, 1992, Predrag BANOVIC, Nikica
JANJIC, Dusan KNEZEVIC, Dragan KONDIC, Goran LAJIC, Dragomir SAPONJA,
Nedjeljko TIMARAC, Zoran ZIGIC and others frequently took from room 2
a group of detainees including a man called "Car" with a last name of
JUSUFOVIC or JUSUFAGIC. Predrag BANOVIC, JANJIC, KNEZEVIC, KONDIC,
LAJIC, SAPONJA, TIMARAC, ZIGIC, and others severely beat "Car" and the
other detainees using their fists and objects. The beatings occurred
frequently over a period lasting approximately ten or mole days.
During this period KNEZEVIC, ZIGIC, and others also forced "Car" to
engage in various humiliating and/or painful acts, such as running
while carrying, a heavy machine gun and engaging in fellatio. "Car"
died from injuries received during the beatings.
20.1. By participating in the beatings causing the death of ''Car,"
Predrag BANOVIC, Nikica JANJIC, Dusan KNEZEVIC, Dragan KONDIC, Goran
LAJIC, Dragomir SAPONJA, Nedjeljko TIMARAC, and Zoran ZIGIC thereby
committed:
Count:
20.1.1. a GRAVE BREACH wilful killing, recognised by Article 2(a) of
the Statute;
Count:
20.1.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, murder, recognised
by Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
20.1.3. a CRIME AGAINST HUMANITY, murder, recognised by Article 5(a)
of the Statute; or
Count:
20.1.4. alternatively, a CRIME AGAINST HUMANITY, inhumane acts,
recognised by Article 5(i) of the Statute;
20.2. By participating in forcing "Car" to engage in humiliating
and/or painful acts, Dusan KNEZEVIC and Zoran ZIGIC thereby committed:
Count:
20.2.1. a GRAVE BREACH, great suffering, recognised by Article 2(c) of
the Statute:
Count:
20.2.2. a VIOLATION OF THE LAWS OR CUSTOMS OF wAR, cruel treatment,
recognised by Article 3 of the Statute and Article 3(1)(a) of the
Geneva Conventions; and
Count:
20.2.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
21. Between 1 June 1992 and 5 August 1992, Dusan KNEZEVIC, Dragan
KONDIC, Zoran ZIGIC, and others took out, on repeated occasions,
Jasmir RAMADANOVIC known as "Sengin." KNEZIVIC, KONDIC, ZIGIC and
others accused Jasmir RAMADANOVIC of being a Muslim extremist. They
then beat Jasmir RAMADANOVIC severely As a result of the beatings,
RAMADANOVIC received a large open wound to his head, his body was
severely bruised, and he was unable to eat for approximately ten days.
Dusan KNEZEVIC, Dragan KONDIC and Zoran ZIGIC thereby committed:
Count:
21.1. a GRAVE BREACH, torture, recognised by Article 2(b) of the
Statute;
Count:
21.2 a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, torture, recognised
by Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
21.3. a CRIME AGAINST HUMANITY, torture, recognised by Article 5(f) of
the Statute.
22. Around the first part of June 1992, Nikica JANJIC, Dusan KNEZEVIC,
Dragomir SAPONJA, and Zoran ZIGIC took out Fajzo MUKANOVIC and
questioned him. When MUKANOVIC failed to provide the desired
information, JANJIC, KNEZEVIC, SAPONJA and ZIGIC cut him across the
neck with a knife and brought his wife and child to the camp to
witness the assault. Nikica JANJIC, Dusan KNEZIVIC, Dragomir SAPONJA,
and Zoran ZIGIC thereby committed:
Count:
22.1. a GRAVE BREACH, torture, recognised by Article 2(b) of the
Statute;
Count:
22.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, torture, recognised
by Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
22.3. a CRIME AGAINST HUMANITY, torture, recognised by Article 5(t) of
the Statute.
23. Around 23 June 1992 Dusan KNEZEVIC and Zoran ZIGIC took out from
room 3 a group of detainees including Faudin HRUSTIC. KNEZEVIC, ZIGIC
and others beat the detainees including Faudin HRUSTIC using objects
including batons, iron bars and wooden baseball bats. Dusan KNEZEVIC
and Zoran ZIGIC thereby committed:
Count:
23.1. a GRAVE BREACH, great suffering, recognised by Article 2(c) of
the Statute:
Count:
23.2. a VIOLATION OF THE LAWS OF CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(1)(a) of the
Geneva Conventions; and
Count:
23.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
24. On one evening during July, 1992, Predrag BANOVIC called for a
specific prisoner. When he could not find him, BANOVIC then called for
"Cacko," whose name was Fikret AVDIC. BANOVIC and others beat AVDIC
using a baseball bat and also kicked AVDIC. AVDIC was put back into
room 2 and died early the next morning. Predrag BANOVIC thereby
committed:
Count:
24.1. a GRAVE BREACH, wilful killing, recognised by Article 2(a) of
the Statute:
Count:
24.2. a VIOLATION OF THE LAWS OF CUSTOMS OF WAR, murder, recognised by
Article 3 of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
24.3. a CRIME AGAINST HUMANITY, murder, recognised by Article 5(a) of
the Statute of the Tribunal; or
Count:
24.4. alternatively, a CRIME AGAINST HUMANITY, inhumane acts,
recognised by Article 5(i) of the Statute;
25. Around the latter part of June 1992, Jovo RADOCAJ, a detainee of
Serbian origin, who was married to a Muslim woman and believed to be
a supporter of the Bosnian Muslim Party of Democratic Action, was
taken out at night. Predrag BANOVIC and others then beat him severely
for an extended period of time. Jovo RADOCAJ died from his injuries
several hours after the beating. Predrag BANOVIC thereby participated
in the commission of:
Count:
25.1. a CRIME AGAINST HUMANITY, murder, recognised by Article 5(a)
of the Statute; or
Count:
25.2. alternatively, a CRIME AGAINST HUMANITY, inhumane acts,
recognised by Article 5(i) of the Statute.
26. Around 30 July 1992, Predrag BANOVIC stopped and demanded money
from Mirzet HODZIC while Mirzet HODZIC was attempting to kill a water
bottle. After Mirzet HODZIC indicated that he did not have money,
Predrag BANOVIC beat Mirzet HODZIC with a baseball bat and stabbed him
in [he arm with a knife. Predrag BANOVIC thereby committed:
Count:
26.1. a GRAVE BREACH, great suffering, recognised by Article 2(c) of
the Statute;
Count:
26.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(1)(a) of the
Geneva Conventions; and
Count:
26.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
27. Around the first part of August 1992, while Mirzet HODZIC was
outside room 2, Predrag BANOVIC beat Mirzet HODZIC into
unconsciousness by banging his head against the wall and by kicking
him with his boots. Predrag BANOVIC thereby committed:
Count:
27.1. a GRAVE BREACH, great suffering or serious injury, recognised by
Article 2(c) of the Statute;
Count:
27.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(1)(a) of the
Geneva Conventions; and
Count:
27.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
28. Around the latter part of June 1992, Dusan KNEZEVIC took out from
room 2 Ilijaz JAKUPOVIC and Zijad JAKUPOVIC. KNEZEVIC and others
severely beat Ilijaz JAKUPOVIC and Zijad JAKUPOVIC, using fists, feet,
and a baton. Dusan KNEZEVIC thereby committed:
Count:
28.1 a GRAVE BREACH, great suffering or serious injury, recognised by
Article 2(c) of the Statute;
Count:
28.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(1)(a) of the
Geneva Conventions: and
Count:
28.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
29. Between 1 June 1992 and 5 August 1992, Dusan KNEZEVIC and others
severely beat Uzeir CAUSEVIC using their fists and objects, causing
large open wounds on his arms and body. The wounds subsequently became
infected and CAUSEVIC became so ill that he could barely move.
CAUSEVIC was later taken away in a truck filled with corpses and
wounded persons and was never seen again. Dusan KNEZIVIC thereby
committed:
Count:
29.1. a GRAVE BREACH, great suffering or serious injury, recognised by
Article 2(c) of the Statute;
Count:
29.2. a VIOLATION OF THE LAWS OF CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(l)(a) of the
Geneva Conventions; and
Count:
29.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
30. Around 4 June 1992, Senahid CIRKIC was interrogated by three men.
When CIRKIC did not provide the answers desired by the interrogators,
one of the interrogators told Zoran ZIGIC to take CIRKIC outside and
beat him until he talked. ZIGIC then brought CIRKIC outside and beat
him, using fists, feet, and a rifle. Zoran ZIGIC thereby committed:
Count:
30.1. a GRAVE BREACH, torture, recognised by Article 2(b) of the
Statute;
Count:
30.2. a VIOLATION OF THE LAWS OF CUSTOMS OF WAR, torture, recognised
by Article 3 of the Statute and by Article (3)(1 )(a) of the Geneva
Conventions; and
Count:
30.3. a CRIME AGAINST HUMANITY, torture, recognised by Article 5(f) of
the Statute.
31. Between 14 June and 5 August 1992, Zoran ZIGIC took out Fikret
ALIC and several other detainees. ZIGIC then beat Fikret ALIC by
hitting him with a pistol and by kicking him in the mouth, knocking
out four of his teeth. Zoran ZIGIC thereby committed:
Count:
31.1. a GRAVE BREACH, great suffering or serious injury, recognised by
Article 2(c) of the Statute;
Count:
31.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment
recognised by Article 3 of the Statute and by Article (3)(l)(a) of the
Geneva Conventions; and
Count:
31.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
32. Around 24 June 1992, a group of detainees including Redzep GRABIC
were brought to Keraterm camp. Zoran ZIGIC and others beat the new
detainees including Redzep GRABIC, as well as selected detainees from
room 2, throughout the day and night. ZIGIC and others used their
fists, their feet, and truncheons to beat the detainees. Zoran ZIGIC
thereby committed:
Count:
32.1. a GRAVE BREACH, great suffering, recognised by Article 2(c) of
the Statute;
Count:
32.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(1)(a) of [he
Geneva Conventions.; and
Count:
32.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Articles
5(i) of the Statute.
GENERAL CHARGE
33. During the operation of Keraterm camp, Predrag BANOVIC, Dusan
KNEZEVIC, Dragan KONDIC, Zoran ZIGIC and others participated in the
regular and open abuse of detainees. Actions taken by BANOVIC,
KNEZEVIC, KONDIC, and ZIGIC include: the beating or assault of
numerous individuals including Amir CRLJENKOVIC, a man called
"Senadin," a man from Carakovo, Jusuf ARIFAGIC, Adnan BAHONJIC, Suad
BAJRIC, and Fikret ALIC; the extortion of money and valuables from
detainees; and those set out in Paragraphs 14.3. through 14.5.3. and
16. through 32.3. As a result of the regular and open abuse of select
detainees by BANOVIC, KNEZIVIC, KONDIC, ZIGIC and others, detainees at
Keraterm camp observing the abuse were subjected to extreme
psychological trauma, constant degradation and constant fear of bodily
injury and/or death. Predrag BANOVIC, Dusan KNEZEVIC, Dragan KONDIC
and Zoran ZIGIC thereby committed:
Count:
33.1. a GRAVE BREACH, great suffering, recognised by Article 2(c) of
the Statute;
Count:
33.2. a VIOLATION OF THIS LAWS OR CUSTOMS OF WAR, cruel treatment,
recognised by Article 3 of the Statute and by Article (3)(1)(a) of the
Geneva Conventions; and
Count:
33.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Article
5(i) of the Statute.
/s/Richard J. Goldstone
Prosecutor
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