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The Hague, 24 February 2000
CC/ P.I.S./ 471-e
The trial of Kvocka, Kos, Radic and Zigic will begin on Monday 28 February 2000
The trial of Miroslav Kvocka, Milojica Kos, Mladjo Radic and Zoran Zigic will begin on Monday 28 February 2000 at 10.30 am in Courtroom III. The joint trial will be held before Trial Chamber I, composed of Judge Almiro Rodrigues (Portugal), Presiding, Judge Fouad Riad (Egypt) and Judge Patricia Wald (United States of America).
BACKGROUND ON THE ACCUSED
Miroslav Kvocka was born on 1 January 1957 in Maricka, Prijedor municipality, Bosnia and Herzegovina. According to the indictment, Miroslav Kvocka was a police officer in Prijedor municipality prior to the conflict and was the first commander of the Omarska camp and was in a position of authority superior to everyone in the camp. In June 1992 he became deputy commander of the camp, he was in a position of authority superior to everyone in the camp other than the camp commander.
Date of detention by SFOR: 8 April 1998 Initial appearance: 14 April 1998, pleaded "not guilty" to all counts
Milojica Kos was born on 1 April 1963 in Lamovita, Prijedor municipality, Bosnia and Herzegovina. According to the indictment, Milojica Kos was a reserve policeman prior to the conflict and was appointed as on of the three shift commanders at the Omarska camp. He was in a position of superior authority to all camp personnel, other than the commander or deputy commander, and most visitors.
Date of detention by SFOR: 28 May 1998
Initial appearance: 2 June 1998, pleaded "not guilty" to all counts
Mladjo Radic was born on 15 May 1952 in Lamovita, Prijedor municipality, Bosnia and Herzegovina. According to the indictment, Mladjo Radic was a police officer in Prijedor municipality prior to the conflict and served as on of the three shift commanders at the Omarska camp. He was in a position of superior authority to all camp personnel, other than the commander or deputy commander, and most visitors.
Date of detention by SFOR: 8 April 1998
Initial appearance: 14 April 1998, pleaded "not guilty" to all counts
Zoran Zigic was born on 20 September 1958 in Balte, Prijedor municipality, Bosnia and Herzegovina. According to the indictment, Zoran Zigic was a taxi driver prior to the conflict and entered all three camps during the period May to August 1992 for the purpose of abusing, beating, torturing and/or killing prisoners.
Voluntary surrender: 16 April 1998
Initial appearance: 20 April 1998, pleaded "not guilty" to all counts
BACKGROUND ON THE INDICTMENT
The Indictment
The original indictment ("Omarska & Keraterm Camps"), confirmed on 9 November 1998, consolidated the charges against the four accused who were previously indicted in two separate indictments: Kvocka, Radic, Kos and Zigic from the Omarska camp indictment (IT-95-4), confirmed on 13 February 1995, and Zigic from the Keraterm camp indictment, confirmed on 21 July 1995 (IT-95-8).
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Factual allegations
The amended indictment of 31 May 1999 alleges that between April and August 1992 Bosnian Serb authorities in the Prijedor municipality unlawfully segregated, detained and confined more than 6,000 Bosnian Muslims, Bosnian Croats and other non-Serbs from the Prijedor area of northwestern Bosnia and Herzegovina in the Omarska, Trnopolje and Keraterm Camps.
In the Omarska camp the detainees included military aged males and political, economic, social and intellectual leaders of the Bosnian Muslim and Bosnian Croat population. There were about 37 women detained in the camp. At Keraterm camp the majority of the detainees were military aged males. At Trnopolje camp the majority of detainees were Bosnian Muslim and Bosnian Croat women, children and the elderly.
It is alleged that living conditions at the Omarska and Keraterm camps were brutal and inhumane, interrogations were conducted on a daily basis and regularly accompanied by beatings and torture. Severe beatings, torture, killings, sexual assault and other forms of physical or psychological abuse were commonplace, with camp guards using all types of weapons and instruments to beat and otherwise physically abuse the detainees. At a minimum, hundreds of detainees, whose identities are known and unknown, did not survive.
It is alleged that the conditions at the Trnopolje camp were also abject and brutal. Both male and female detainees were killed, beaten and otherwise physically and psychologically maltreated. In addition, many of the women detainees were raped, sexually assaulted, or otherwise tortured.
CHARGES
The indictment charges Miroslav Kvocka, Milojica Kos, Mladjo Radic and Zoran Zigic on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal with:
Violations of the laws or customs of war (Article 3 – outrages upon personal dignity; murder; torture; cruel treatment), and
Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; inhumane acts; murder; torture).
Miroslav Kvocka, Milojica Kos and Mladjo Radic are also charged on the basis of superior criminal responsibility (Article 7(3)).
In addition Mladjo Radic is charged on the basis of individual criminal responsibility (Article 7(1)) with:
Crimes against humanity (Article 5 – rape).
BACKGROUND ON THE PARTIES
Office of the Prosecutor:
Mr. Grant Niemann
Mr. Michael Keegan
Mr. Kapila Waidyaratne
Counsel for the accused:
For Miroslav Kvocka: Mr. Krstan Simic
For Milojica Kos: Mr. Zarko Nikolic
For Mladjo Radic: Mr. Toma Fila
For Zoran Zigic: Mr. Simo Tosic
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International Criminal Tribunal for the former Yugoslavia
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