1 - Emir Beganovic, T.1345.
2 - Witness J, T. 4730-4735; Emir Beganovic, T. 1344-1346; Azedin Oklopcic, T. 1670-1671.
3 - Mirko Jesic, T.11703, 11762-11763.
4 - Miroslav Kvocka, T.864. This was corroborated by other witnesses, e.g. Milenko Jasnic: “Zeljko told us that it would function for 10 or 15 days until it was established who attacked Prijedor, who got – procured the weapons, who was responsible and so on.” T.11534.
5 - Evidence discloses that members of the media visited the camps in late July and August 1992. See e.g. Witness B, T. 2418-2419; further, Radic testified that a picture was taken of him while some journalists were visiting the camp. Mladjo Radic, T. 11180.
6 - Emir Beganovic who was detained in Omarska throughout its period of operation, estimated that it had held 3,000 people: T.1391, as did former detainee Witness AK, T.2008. See also the testimony of detainee Zlata Cikota who estimated that 600 people were fed per hour for 4 or 5 hours a day, T.3327. Defense witness Cedo Veluta confirmed that several thousand detainees were held at the camp. Cedo Veluta, T. 7455. Defense witness Dragan Popovic, a guard at the camp, estimated that there were 2000-2,500 prisoners. Dragan Popovic, T. 7727. Typist Nada Markovska estimated over 2,000 prisoners could be held at a time. Nada Markovska, T. 7800.
7 - For more details, see Annex A “Procedural History”. The Trial Chamber utilized some testimony of witnesses or alleged crimes not included in the indictment or contained in the Schedules attached to the indictment, to the extent that it was found credible and sufficient advance notice had been given to the accused in accordance with Rule 93, as corroborative of a consistent pattern of conduct.
8 - For more details, see Annex D, Amended Indictment.
9 - See Decision on Defense Motions for Acquittal, 15 December 2000.
10 - Tadic Sentencing Judgement of 26 January 2000.
11 - Decision on Judicial Notice. The agreed facts are contained in Annex 1 to the “Prosecutor’s Motion for Judicial Notice of Adjudicated Facts” of 11 January 1999.
12 - Preface to the wartime events in Prijedor and their context, Witness Expert Opinion of Nenad Kecmanovic, D34/3.
13 - Review of expert witness statement “Nalaz i Mišljene Dr Nenad Kecmanovic” prepared by Dr. Robert J. Donia, filed 30 March 2001.
14 - Decision on Judicial Notice, 8 June 2000, para. 49.
15 - Decision on Judicial Notice, para. 1.
16 - Decision on Judicial Notice, paras 48 and 58.
17 - Decision on Judicial Notice, paras 62 and 63.
18 - Decision on Judicial Notice, para. 70.
19 - Decision on Judicial Notice, para. 113.
20 - Emir Beganovic, T.1345.
21 - Azedin Oklopcic, T.1679.
22 - Emir Beganovic, T.1350-1354.
23 - See, e.g., Witness AJ, T.1573; Azedin Oklopcic, T.1688; Witness DA/3, T. 7876-7877.
24 - Sifeta Susic, T.2993; Witness Y, T.3580-3581; Nusret Sivac, T.3970-3971; Witness J, T.4735-4736.
25 - Kvocka testified that he was ordered to activate the reserve police force to staff the centre on 28 May, and arrived at the Omarska camp with the men that evening to find prisoners already present, T.848-862.
26 - Exhibit P 2/4.11.
27 - Miroslav Kvocka, T.864.
28 - Mirko Jesic, T.11712. Lists dated from 6 to 23 July 1992 and signed by Simo Drljaca were exhibited by the Defense Exhibit D39/5.
29 - Witness B, T.2369.
30 - Exhibit D38/1, p 6; see also Mirko Jesic, T.11703.
31 - Exhibit P 2/3.33, pp 1, 6. The official report on the camps explains that these people were “brought in from areas where there had been fighting, and had happened to be there because their extremists had prevented them from pulling out to a secure place”. See also Witness Nada Markovski, T. 7788.
32 - Exhibit D38/1, p 6. Kvocka also said he heard rumours among the guards about categories, and that once Gruban warned him that his brother in law was in the category to go to Manjaca. Miroslav Kvocka, T.8222.
33 - Exhibit P 3/204.
34 - Identified as: Edna Dautovic, Sadeta Medunjanin, and Hajra Hadzic.
35 - Exhibit P 2/3.33, p 4. Those transported to Trnopolje were eventually bussed to areas outside the Serb-held territory in November of 1992. The busses transported detainees to Skender Vakuf, Bugojno, Karlovac, and Gradiska, as reported by Drljaca in his “Report on the Work of the Prijedor Public Security Station during the last months of 1992” to his superiors in the Ministry of the Interior. See Exhibit P 2/4.10, pp 5-6.
36 - Radic said that the camp was disbanded on 12 and 13 August, T.11274. However, according to a report dated 18 August 1992 of the specially-established commission on detention centers in the Banja Luka area of responsibility: Defense Exhibit D38/1, p 6 (hereinafter “Official Report”). Apparently 179 people remained in the center on 18 August 1992. Their interrogation was to be completed within 7 days. This generally corresponds with the information given to the Prosecution by Prcac. See Exhibit P 3/167, p 15 (indicating that 175 people remained in the center at the close of operations in late August 1992).
37 - Exhibit D38/1, p. 6.
38 - See supra, note 6.
39 - Zlata Cikota, T.3333, 3303-3336; Emir Beganovic, T.1391 (estimating there were “30 or maybe 35 women” in the camp).
40 - These numbered “over 90” according to detainee Emir Beganovic, T.1391. The official report on the camps lists 28 detainees under 18 and 68 people over 60.
41 - According to the official report, “of the total of 3,334 persons brought in to the Omarska Investigation Centre between May 27 and August 16 1992, there were 3,197 Muslims, 125 Croats, 11 Serbs and one other.” Exhibit D38/1, pp 6-7. This was confirmed by Mirko Jesic, one of the three chiefs of the investigators in the camp. Mirko Jesic, T. 11752; see also, e.g., Emir Beganovic, T. 1391-1392; Witness AJ, T. 1591; Mirsad Alisic, T. 2476.
42 - Witness AK, T. 2004.
43 - Prosecution Pre-Trial Brief, para. 26.
44 - Miroslav Kvocka, T. 910-911.
45 - See Instruction on the Rules of Conduct and Interpersonal Relations of Employess in the Ministry of Interior, Exhibit D 3/275 (b) (hereinafter “Dusan Lakcevic Report”).
46 - Zdravko Samardzija, T.6967-6972.
47 - See Dusan Lakcevic Report.
48 - Miroslav Kvocka, T.759-760.
49 - Exhibit P 3/203, p 135.
50 - See Exhibit D40/1.
51 - Bogdan Delic, T. 9180-9181.
52 - Exhibit P 2/4.11. For information regarding the establishment of the Crisis Staff and membership of SimoDrljaca, see Exhibit P 2/5.30.
53 - The relevant decision of the Crisis Staff is not exhibited. However, Exhibit P 2/2.8, presenting the conclusions of the ARK Crisis Staff meeting of 26 May 1992 does make clear that “The Crisis Staffs are now the highest organs of authority in the municipalities”.
54 - The order was copied to the Crisis Staff, the security services co-ordinators, the Security Services Centre in Banja Luka, the police chief (Jankovic), the security chief, and the General Manager of the iron ore mines, in that order.
55 - Exhibit P 2/4.11, para.3; confirmed by Mirko Jesic, T. 11704, Nada Markovska, T. 7764-7766, and Witness DD10, T. 10665-10666.
56 - Witness Y, T.3630; Witness AM, T.3926.
57 - Indeed Kvocka said that Zeljko Meakic must have seen this order because the instructions he passed onto the guards reflected the provisions of this paragraph. Mirko Jesic testified that the guards drew up lists of people detained in each room for the investigators to know who was present in the camp and where. T. 11717.
58 - Exhibit P 2/4.11, para.11, confirmed by Mirko Jesic, T. 11705.
59 - Exhibit P 2/4.11, para.12.
60 - According to Mirko Jesic, within the public security service, Ranko Mijic was a step above Zeljko Meakic, who was the commander, and Mijic was directly responsible to Simo Drljaca for what was happening in the Omarska camp”. T.11773-1174. The Trial Chamber notes, however, that this analysis does not conform with the reporting instructions in the order.
61 - See, e.g., Witness Y, T.3630.
62 - Exhibit 2/4.11, para.14.
63 - Pero Rendic, T.7321.
64 - Pero Rendic, T.7338. See also T.7323.
65 - Pero Rendic, T.7335-7336.
66 - The testimony of Defense witness Drasko Đervida contradicts this. Drasko Đervida testified that he worked in the kitchen as part of the quartermaster’s squad under Pero Rendic along with approximately 10 other soldiers. Drasko Đervida, T.10392.
67 - Pero Rendic, T.7322. The Trial Chamber notes that the name “Mirko Babic” appears on Prosecution Exhibit 3/208 under the category of shift employees needing passes for the Omarska camp. Defense witness Obrad Popovic, who was employed as a porter at one of the entrances to the camp, testified that Duško Tubin, a member of the mines management, was his superior. Obrad Popovic, T.11559. It is to be noted, however, that Duško Tubin does not appear in Exhibit 3/208.
68 - Cedo Veluta, T. 7434.
69 - Witness J, T. 4847.
70 - Cedo Veluta, T. 7635-7636.
71 - Cedo Veluta, T. 7440-7441.
72 - Cedo Veluta, T. 7473-7474.
73 - Mirko Jesic, T.11705 (corroborating this fact).
74 - Mirko Jesic, para.17 (referring to Exhibit 2/4.11).
75 - Miroslav Kvocka, T. 8292.
76 - Mirko Jesic, T. 11761.
77 - Exhibit D1/20.
78 - Miroslav Kvocka, T. 916-918.
79 - Mirko Jesic, T. 11714.
80 - Exhibit D18/1.
81 - Miroslav Kvocka, T. 921-922.
82 - Exhibit D18/1; Miroslav Kvocka, T. 920.
83 - Miroslav Kvocka, T. 917.
84 - Novac Pusac, T.7239.
85 - There are conflicting names in the transcript – Drago on T. 7238, Zdravko on T. 7243.
86 - Novak Pusac, T. 7236-7238.
87 - Novak Pusac, T. 7243.
88 - Witness B, T. 2350; Mirsad Alisic, T. 2509, 2529; Abdulah Brkic, T. 4499-4500; Witness AT, T. 6066. See also Prosecution Exhibit 3/208, signed by Zeljko Meakic on 29 June 1992, which states that “the only other people entering the collection centre compound will be police employees, organised into three shifts.” Some witnesses testified that there were only two shifts at the beginning, but soon changed to three, e.g., Milenko Jasnic, T. 11533.
89 - Witness AK, T. 2019; Witness J, T. 4747.
90 - There was a debate as to whether the correct term was shift leader or shift commander. The Prosecution used the term “guard shift commander” in its Final Trial Brief, while the translation of the term utilized by the accused Kvocka and Radic when interviewed and during their testimony was “guard shift leader”. The Trial Chamber considers these two terms equivalent but in order to have some language consistency throughout this Judgement, the Trial Chamber will use only one term and will favor the term used by the Defense, thus “guard shift leader”.
91 - See, e.g., Mlado Radic, T. 1040.
92 - Mladjo Radic, T. 1040; Nada Markovski, T. 7763-7764.
93 - Želimir Skrbic, T. 8589-8590; Milenko Jasnic, T. 11532.
94 - Exhibit P 3/208 lists “members of the army unit helping out” as workers in the camp. These wore old JNA uniforms and had their own superior officer, according to Kvocka. T. 8331.
95 - JNA military uniforms, police uniforms, blue or green camouflage outfits or parts of different uniforms: Witness AK, T. 2004-2005; Witness AI, T. 2110; Witness DC5, T. 8913. Kvocka explained that there were not enough standard uniforms for all the newly called-up reserve police, T. 776.
96 - Witness AK, T. 2010; Ermin Strikovic, T. 3569.
97 - Miroslav Kvocka, T. 911; Mladjo Radic, T. 1035.
98 - Miroslav Kvocka, T. 8122.
99 - This was confirmed by Defense witnesses who told of public beatings, e.g. Witness DC2, T.8803.
100 - Witness DC5, T. 8907.
101 - Witness AK, T. 2073-2074. Similarly, detainee Abdulah Brkic testified that the guards had great freedom, and seemed to be able to do whatever they wanted. Abdulah Brkic, T. 4548.
102 - Azedin Oklopcic, T.1757-1758.
103 - See, e.g., Azedin Oklopcic, T.1753-1755; Witness AK, T.2014-2015.
104 - See the findings in relation to Zigic, infra. One night, for example, a group of soldiers returning from the front arrived and beat the prisoners in the white house: Witness T, T.2728-2729.
105 - Azedin Oklopcic, T. 1714.
106 - Azedin Oklopcic, T. 1706.
107 - See Annex E.
108 - Witness B, T. 2335.
109 - Witness AM, T .3928.
110 - See, e.g., Witness J, T. 4763; Azedin Oklopcic, T.1695; Mirsad Alisic, T.2472.
111 - Witness B, T. 2362; Kerim Mesanovic, T. 5189.
112 - Fadil Avdagic, T. 3431
113 - See, e.g., Azedin Oklopcic, T. 1698-1699.
114 - Pero Rendic, T. 7333.
115 - Dragan Velaula, T. 11612.
116 - Pero Rendic, T. 7376-8.
117 - Pero Rendic, T. 7375-6.
118 - Pero Rendic, T. 7334.
119 - Pero Rendic, T. 7324.
120 - Pero Rendic, T. 7330 and 7371; Dragan Velaula, T. 11596.
121 - Dragan Velaula, T.11596.
122 - Cedo Veluta, T.7444; Novak Pusac, T. 7248.
123 - Dragan Velaula, T.11613.
124 - Novak Pusac, T.7250.
125 - Sifeta Susic, T.3107; Zlata Cikota, T.3328.
126 - Zlata Cikota, T.3328.
127 - Zlata Cikota, T.3327; Witness Y, T.3660.
128 - Nusret Sivac, T.4075-4076; Cedo Veluta, T.7475.
129 - Witness B, T. 2365.
130 - See, e.g., Djordje Stupar, testifying about a power cut that lasted for 42 days beginning toward the end of June 1992: “Heats were very bad. It was difficult to preserve food. You don't have the fridge; you can't use it. You have to cook on fire. It was 40 degrees [celsius] outside and about the same inside.” Djordje Stupar, T.7279.
131 - See, e.g., Jasmir Okic lost 27 kilos, T. 2586; Nusret Sivac lost 34 kilos, T. 4089; Witness AJ lost 36 kilos, T. 1612.
132 - See, e.g., Zlata Cikota, T. 3331; Emir Beganovic, T. 1399.
133 - Zlata Cikota, T. 3332.
134 - Cedo Vuleta, T. 7437-7438.
135 - Cedo Vuleta, T. 7445-7446.
136 - Cedo Vuleta, T. 7472.
137 - Cedo Vuleta, T. 7446.
138 - Cedo Vuleta, T. 7453.
139 - Cedo Vuleta, T. 7472-7473.
140 - E.g. DC1, T. 8768; Vinka Andzic, T. 9129.
141 - Milenko Jasnic, a guard at the hangar, estimated 1000-2000 detainees, T. 11557.
142 - Witness DC5, T. 8909-8910; Witness DC1, T. 8766.
143 - Witness Y, T. 3617.
144 - Sabit Murcehajic, T. 4171.
145 - Fadil Avdagic, T. 3431, Witness DC5, T. 8875. Ljuban Andzic, a paramedic, confirmed that there were insufficient latrines in the camp for the number of detainees, T. 7591.
146 - Witness AJ, T. 1597.
147 - Zuhra Hrnic, T.3138.
148 - Witness AI, T.2143.
149 - Miroslav Kvocka, T.8195.
150 - Vinka Andic, T.9132.
151 - Witness Y, T.3648. Although the witness testified that it was Kvocka who gave this order, the Trial Chamber is satisfied that it was not the accused Kvocka but another guard by this name. The witness put this incident at around the last week of July 1992, after Kvocka’s departure.
152 - Slobodan Gajic, T.11686.
153 - Witness AJ testified, for example, that almost all the detainees in Mujo’s room had dysentery, T.1598.
154 - Ljuban Andic, T. 7591.
155 - Ljuban Andic, T. 7569; Slobodan Gajic, T. 11674.
156 - Slobodan Gajic, T. 11687.
157 - Vinka Andic, T. 9130.
158 - Branko Starkevic, T. 9268.
159 - Ermin Strikovic, T.3550; Hase Icic, T. 4664. Witness A said the women received no medical care, T. 5496.
160 - Ljuban Andic, T. 7534. Dr. Popovic submitted an affidavit in corroboration of Dr. Gajic’s testimony, see “Decision on Dragoljub Prcac’s Request to Introduce Affidavit Evidence (Rule 94 ter)”, 17 May 2001.
161 - Slobodan Gajic, T. 11672.
162 - Slobodan Gajic, T. 11686.
163 - Ljuban Andic, T. 7559.
164 - Including Safet Ramadani, and Nezir Krak, who had a chronic heart condition according to Ljuban Andic, T. 7590. Ismet Hodzic, a diabetic, died. T. 2566-2567. The official report on the camps recorded two deaths due to natural causes. Exhibit D 38/1(b), p 7.
165 - He did, however, report a lack of insulin. Slobodan Gajic, T. 11682.
166 - Slobodan Gajic,T. 11673, 11685.
167 - Slobodan Gajic,T. 11685.
168 - Slobodan Gajic,T. 11686.
169 - Slobodan Gajic,T. 11692.
170 - The witness testified that this detainee was a Serb. Ljuban Andic, T. 7560-7561.
171 - Ljuban Andic, T. 7561.
172 - Slobodan Gajic, T. 11688.
173 - Slobodan Gajic, T. 11689.
174 - Ljuban Andzic, T. 7586.
175 - Ljuban Andzic, T. 7571.
176 - Witness AJ, T. 1592; Witness Y, T. 3637.
177 - Standard Minimum Rules for the Treatment of Prisoners, ECOSOC Res. 663 of 31 July 1957 and 2076 of 13 May 1977; Basic Principles for the Treatment of Prisoners, GA Res. 45/111 of 14 December 1990; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, GA Res. 43/173 of 9 December 1988.
178 - While the military investigators sometimes interrogated alone, members of the state and public security services always operated in teams: Mirko Jesic, T. 11766.
179 - Mirko Jesic, T. 11716-11717.
180 - Mirko Jesic, T. 11772.
181 - Witness AJ, T. 1609; Witness AM, T. 3926; Witness J, T. 4755-4756.
182 - Mirko Jesic, T. 11720-11722.
183 - Mirko Jesic, T. 11705.
184 - Mirko Jesic, T. 11764-11765.
185 - Mirko Jesic confirmed that the arrests were not carried out in accordance with any regular arrest procedure and no reasons for the arrests were given to the detainees, T.11764-11765.
186 - Witness J, T. 4760.
187 - Witness B, T. 2371; Nada Markovska, T. 7772; Witness DA/3, T. 7894; Mirko Jesic, head of the investigators from the state security service, saw an investigator mistreating a suspect on one occasion, T. 11731-11732.
188 - Witness B, T. 2372; see also Sifeta Susic, T. 3017: “One day I saw something that looked like a whip. There was a wooden handle wound with string, a very long whip, and at the end of this whip there was a metal ball … I also recollect well there was an iron metal hanger, clothes hanger, and it was close to a plug. And on this hanger, used for umbrellas, there was a wire, and this wire could be plugged into the socket.”
189 - See, e.g., Witness Y, T. 3627-3630; Witness T, T. 2663; Witness AJ, T. 1610; Witness DC5, T. 8879-8880.
190 - Witness DC7, T. 9019-9020.
191 - Witness AI, T. 2116; Witness J was not beaten during interrogation. T. 4755.
192 - Witness AK, T. 1993.
193 - Emir Beganovic, T. 1357.
194 - See, e.g., Zijad Mahmuljin; Zlatan Bezirevic; Nedzad Seric. Nusret Sivac, T. 4085-4088.
195 - See the beating of Bajram Zgog: Nusret Sivac, T. 4084-4085; Mirsad Alisic, T. 2497-2498.
196 - Witness AK estimated 150 in 30 square metres, T. 1995-1996; Fadil Avdagic estimated 200-300 in 25 square metres, T.3430.
197 - Witness AK, T. 1996.
198 - Witness AJ, T. 1599; 2191-2192.
199 - Witness AI, T. 2142.
200 - Fadil Avdagic, T. 3426-3429. Jasmir Okic reported the shooting of Mehmed Alisic in this room in July. Jasmir Okic, T. 2578-2579.
201 - Witness Y, T. 3618.
202 - Witness T, T. 2746.
203 - Witness AI, T. 2141.
204 - Witness DC5, T. 8883.
205 - Witness AI, T. 2142.
206 - Witness Y, T. 3634-3635.
207 - Mirsad Alisic, T. 2493.
208 - Witness DC1, T. 8766-8767.
209 - Sifeta Susic, T.2999.
210 - Sifeta Susic estimated over a hundred detainees. Sifeta Susic, T.2999. Nusret Sivac estimated 500 detainees in July. Nusret Sivac, T. 4070. However, Witness T saw only 40-50 when he arrived at the camp in early June. Witness T, T. 2743.
211 - See, e.g., Witness DC5, T. 8880-8881.
212 - See, e.g., Witness DD5, T. 10061.
213 - Mirsad Alisic, T. 2482.
214 - Mladjo Radic, T. 11294.
215 - Mirsad Alisic, T. 2482-2483.
216 - Azedin Oklopcic, T. 1723; Mirsad Alisic, T. 2482-2486. This witness also reported the shooting of Mehmed Alisic on the pista when he refused to sit down. T. 2490.
217 - Nusret Sivac, T. 4081-4083.
218 - Azedin Oklopcic, T.1714.
219 - See, e.g., Zuhra Hrnic, T. 3131; Gavranovic and Alagic: Witness Y, T. 3632-3634.
220 - Witness AI, T. 2133.
221 - Mirsad Alisic, T. 2480-2481.
222 - Zuhra Hrnic, T. 3132.
223 - Witness DC7, T.9021-9022.
224 - Witness DC3, T.8832.
225 - Witness Y, T.3636-3637.
226 - Witness Y, T. 3637. Witness AI reported seeing bodies outside the red house, Witness AI, T. 2122.
227 - Nusret Sivac, T. 4087.
228 - At the Kevlajani gravesite, located in a meadow, 25 graves were found, 10 of which were robbed before exhumation. The exhumation team recorded 72 bodies, plus some dismembered remains. Ninety-three percent (93%) of the corpses showed genuine ante mortem injuries, such as bone fractures or gunshot damage, with rib bone fracture the most frequent type of injury (comprising 86%). Autopsy reports documented the brutality to which these persons were submitted before their deaths. There was also evidence linking these bodies to the Omarska camp, such as iron ore and slag samples found in four of the graves corresponded to those existing near the “hangar building” in the camp. At the Donji Dubovik-Jama Lisac gravesite, the exhumation team recovered the remains of a minimum of 51 persons from a cave known as “ Jama Lisac”, two of which were identified as female and the remainder as male. The two women were eventually identified as Edna Dautovic and Sadeta Medunjanin, former prisoners of the Omarska camp. Ninety percent (90%) of all the bodies found there had been shot. The remains also showed signs that the victims received blunt force trauma injuries. (See Exhibit 3/155a, “Prosecution’s Summary of Forensic Evidence presented by Investigator Tariq Malik”).
229 - Hase Icic, T. 4666.
230 - Witness AM, T. 3929-3930.
231 - Ermin Strikovic, T. 3542-3543.
232 - Zuhra Hrnic, T. 3136. This may have been the incident referred to by Mirko Jesic, who told the Trial Chamber that a group of approximately 18 prisoners were killed sometime in mid-July, T. 11753-11754.
233 - See supra: “Background, context and formation of the camps”.
234 - Witness AM, T. 3931.
235 - Witness AM, T. 3930-3933. The witness later heard that these people had arrived from Keraterm and were supposed to be “exchanged”.
236 - Witness J, T. 4774-4775; Witness F, T. 5382-5383; Witness B, T. 2338, 2430; Nedzija Fazlic, T. 5102; Sifeta Susic, T. 3018-3019.
237 - Sifeta Susic, T. 3020-3021.
238 - Witness J, T. 4769; Zlata Cikota, T. 3337-3338.
239 - Witness J, T. 4774-4775; Witness AT, T. 6083; Witness K, T. 4983; Witness A, T. 5486; Witness F, T. 5382; Sifeta Susic, T. 3018.
240 - Witness J, T. 4779-4782.
241 - Witness J, T. 4782-4783.
242 - Witness F, T. 5383.
243 - Witness F, T. 5385-5386.
244 - Witness F, T. 5386-5387.
245 - Witness F, T. 5389-5390.
246 - Witness U, T. 6201, 6202-6203.
247 - Witness U, T. 6203.
248 - Witness U, T. 6229-6230.
249 - Witness B, T. 2383-2384.
250 - Nedzija Fazlic, T. 5096-5097.
251 - Nedzija Fazlic, T. 5098-5099.
252 - Vinka Andic, T. 9133.
253 - Sifeta Susic, T. 3104-3105. Nedzija Fazlic testified that on one occasion she went down to the cafeteria with other women and found a detainee called Mirsada there crying because she had been taken out that night by a guard named Lugar. When the women approached Mirsada to help her, Lugar went up to them, stuck out his rifle and said that nobody should go near her. Nedzija Fazlic, T. 5102-5103.
254 - Witness J, 4774-4776.
255 - Witness F, T. 5382-5383.
256 - Witness A, T. 5488-5489.
257 - Witness B, T. 2338.
258 - Zuhra Hrnic, T. 3138-3139. Witness U testified that Radic took a female detainee out and when she returned, she looked afraid, was quiet, and her face was all red. Witness U, T. 6217.
259 - Safet Taci, T. 3758; Witness AD, T.3795.
260 - Witness B, T.2331.
261 - Safet Taci, T. 3757; Witness AD, T. 3813.
262 - Witness Y, T.3603.
263 - Witness Y, T. 3605.
264 - Witness Y, T. 3605.
265 - Witness AD, T. 3837.
266 - Witness Y, T. 3601; Witness AD, T. 3836.
267 - Witness AD, T. 3836.
268 - Witness AD, T. 3836.
269 - Witness DD/8, T. 10879.
270 - Abdulah Brkic, T. 4486.
271 - Witness AD, T. 3835.
272 - Witness AD, T. 3835-3836; Witness N, T.3890.
273 - Witness AE, T. 4295.
274 - Safet Taci, T. 3758.
275 - Witness K, T.4959.
276 - See, e.g., Witness AD, T. 3851; Witness AE, T. 3837-3838, 3879.
277 - See, e.g., Witness AE, T. 4272-4273.
278 - See Decision on Defense Motions for Acquittal, para. 63.
279 - See Decision on Judicial Notice, 8 June 2000.
280 - See Decision on Judicial Notice, 8 June 2000.
281 - This means it is “sufficient that the alleged crimes were closely related to the hostilities occurring in other parts of the territories controlled by the parties to the conflict.” Tadic Decision on Jurisdiction, para. 70.
282 - Tadic Decision on Jurisdiction, para. 70.
283 - Tadic Decision on Jurisdiction, para. 94.
284 - Tadic Trial Chamber Judgement, para. 609; Celebici Appeals Chamber Judgement, para.143; Kunarac Trial Chamber Judgement, para. 406.
285 - See e.g. Kunarac Trial Chamber Judgement, para. 407; Tadic Trial Chamber Judgement, paras 614-616; Celebici Appeals Chamber Judgement, para.420.
286 - See Decision on Judicial Notice.
287 - Kunarac Trial Chamber Judgement, para. 410.
288 - Tadic Appeals Chamber Judgement, para. 251.
289 - Tadic Appeals Chamber Judgement, para. 248.
290 - Tadic Appeals Chamber Judgement, para. 248.
291 - Different terminology is used in the English and French versions of the Statute. The French version specifies “assassinat” whereas the English version uses the term “murder”. Blaskic Trial Chamber Judgement, para. 216; Kordic Trial Chamber Judgement, para. 235; Akayesu Trial Chamber Judgement, para. 588.
292 - See in particular Akayesu Trial Chamber Judgement, para. 589; Celebici Trial Chamber Judgement, para. 439; Blaskic Trial Chamber Judgement, paras 153, 181, and 217; Krstic Trial Chamber Judgement, para. 485.
293 - Furundzija Trial Chamber Judgement, para. 162.
294 - Akayesu Trial Chamber Judgement, para. 594.
295 - Kunarac Trial Chamber Judgement, para. 496.
296 - Article 7(2)(e) of the Rome Statute, concerning torture as a crime against humanity, similarly does not impose the State action requirement: “(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions”.
297 - Celebici Trial Chamber Judgement, para. 470.
298 - Furundzija Trial Chamber Judgement, para. 162.
299 - See for instance Ireland v. United Kingdom, 18 January 1978, Series A no. 25, para. 167 in which the European Court of Human Rights indicated that the distinction between the notions of torture, inhuman treatment and degrading treatment, “derives principally from the difference in the intensity of the suffering inflicted”. See also the Human Rights Committee 20/44 of 3 April 1992, para. 4.
300 - Celebici Trial Chamber Judgement, para. 468.
301 - Celebici Trial Chamber Judgement, para. 469.
302 - The Trial Chamber’s position is consistent in that regard with the position of the ECHR with respect to Article 3 of the European Convention, which indicated that the minimum level of severity required is necessarily a relative assessment which “depends on all the circumstances of the case, such as the nature and context of the treatment, its duration, its physical and mental effects and, in some instances, the sex, age and state of health of the victim.” Ireland v. United Kingdom, 18 January 1978, Series A no. 25, para. 162.
303 - UN Special Rapporteur on Torture, Question of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN Doc A/56/156, 3 July 2001, paras 8 et seq. The Human Rights Committee, in its concluding observations on Israel in 1998, found that interrogation techniques such as handcuffing, hooding, shaking, and sleep deprivation constitute a violation of Article 7 of the International Covenant on Civil and Political Rights in any circumstances, whether used alone or in combination. “Consideration of Reports Submitted by States Parties under Article 40 of the Covenant”, UN Doc. CCPR/C/79/Add.93, 18 August 1998, para. 19. In Domukovsky et al. v. Georgia, the Human Rights Committee described, as both torture and inhuman treatment, the cumulative effect of severe beatings, physical and moral pressure, including infliction of concussion, broken bones, burning and wounding, scarring and threats to family. Human Rights Committee, 623-624, 626, 627/95, para. 18.6. But see Ireland v. United Kingdom, Judgement of 18 January 1978, Series A/25 (1979-1980) 2 EHHR 25, para. 167, which found that the cumulative effects of hooding detainees, subjecting them to constant and intense ‘white’ noise, sleep deprivation, giving them insufficient food and drink, and making them stand for long periods in a painful posture, was inhuman treatment, but did not amount to torture. The contemporary jurisprudence and analysis is more reflective of the current recognition of the various forms that torture may take. See e.g. Rhonda Copelon, Recognizing the Egregious in the Everyday, Domestic Violence as Torture, 25 Colum. Hum. Rts. L. Rev. 291 (1994).
304 - For example, the European Commission for Human Rights found that repeated rape in detention constitutes torture. Aydin v. Turkey, 26 August 1997 (1998) 25 EHRR 251, para. 82.
305 - Celebici Trial Chamber Judgement, paras 495-496 and 941-943, Furundzija Trial Chamber Judgement, paras 163 and 171, Akayesu Trial Chamber Judgement, paras 597-598.
306 - Muteba v. Zaire (124/82), Miango Muiyo v. Zaire (194/85) and Kanana v. Zaire (366/89).
307 - Grille Motta, No. 11/1977; Lopez Burgos, No. 52/1979; Sendic, No. 63/1979; Angel Estrella, No. 74/1980; Arzuaga Gilboa, No. 147/1983; Cariboni, No. 159/1983; Berberretche Acosta, No. 162/1983; Herrera Rubio v. Colombia, No. 161/1983; Lafuente Penarrieta et al. v. Bolivia, No. 176/1984.
308 - IMTFE Judgement, p 406.
309 - Furundzija Trial Chamber Judgement, para. 267.
310 - Aksoy v. Turkey, Judgement of 18 Dec. 1996, ECHR.
311 - Akayesu Trial Chamber Judgement, para. 594.
312 - Furundzija Trial Chamber Judgement, para. 162.
313 - Celebici Trial Chamber Judgement, para. 470.
314 - See, e.g., Celebici Trial Chamber Judgement, para. 494; Furundzija Trial Chamber Judgement, para. 162; Kunarac Trial Chamber Judgement, para. 485.
315 - Celebici Trial Chamber Judgement, paras 941, 963.
316 - Celebici Trial Chamber Judgement, para. 941.
317 - Celebici Trial Chamber Judgement, para. 552; Jelisic Trial Chamber Judgement, para. 41; Blaskic Trial Chamber Judgement, para. 186; Celebici Appeals Chamber Judgement, para. 424; Kordic Trial Chamber Judgement, para. 265. See also the E.C.H.R. decision in Costello-Roberts, which found that a long-lasting effect was not required for a mistreatment to fall within the ambit of Article 3 of its Charter. Costello-Roberts, 25 March 1993, Series A no. 247-C.
318 - The Celebici Trial Chamber Judgement indicates that cruel treatment “carries an equivalent meaning and therefore the same residual function for the purposes of common article 3 of the Statute, as inhuman treatment does in relation to grave breaches of the Geneva Conventions.” Para. 552. It defined inhuman treatment as “treatment which causes serious mental and physical suffering that falls short of the severe mental and physical suffering required for the offence of torture.” Para. 542.
319 - Celebici Trial Chamber Judgement, para. 510; see also Kordic Trial Chamber Judgement, para. 245. The offence of “wilfully causing great suffering or serious injury to body or health”, which constitutes a grave breach of the 1949 Geneva Conventions, did require the same degree of suffering as torture.
320 - Blaskic Trial Chamber Judgement, para. 700.
321 - Aleksovski Trial Chamber Judgement, para. 54; Kunarac Trial Chamber Judgement, para. 502.
322 - Kunarac Trial Chamber Judgement, para. 514.
323 - Aleksovski Trial Chamber Judgement, para. 56.
324 - Aleksovski Trial Chamber Judgement, para. 56.
325 - Kunarac Trial Chamber Judgement, para. 507.
326 - Kunarac Trial Chamber Judgement, para. 509.
327 - Kunarac Trial Chamber Judgement, para. 512.
328 - See, e.g., Aleksovski Trial Chamber Judgement, para. 54.
329 - Portorreal v. Dominican Republic, Human Rights Committee, No. 188/84; see also Brown v. Jamaica, Human Rights Committee, No. 775/97; Estrella v. Uruguay, Human Rights Committee, No. 79/1980; Greek case (1969) 12 Y.B.E. Comm. H.R.; Cyprus v. Turkey, (1976) 4 E.H.R.R. 482, 541.
330 - Aleksovski Trial Chamber Judgement, para. 229.
331 - Aleksovski Trial Chamber Judgement, paras 184-210.
332 - Furundzija Trial Chamber Judgement, para. 272; Kunarac Trial Chamber Judgement, paras 766-774.
333 - Akayesu Trial Chamber Judgement, para. 688.
334 - Furundzija Trial Chamber Judgement, para. 185.
335 - Kunarac Trial Chamber Judgement, para. 460.
336 - Kunarac Trial Chamber Judgement, para. 460.
337 - Kunarac Trial Chamber Judgement, para. 440.
338 - Kunarac Trial Chamber Judgement, para. 442.
339 - Celebici Trial Chamber Judgement, para. 495. See also Akayesu Trial Chamber Judgement, para. 688.
340 - Furundzija Trial Chamber Judgement, para. 271.
341 - Kunarac Trial Chamber Judgement, para. 460.
342 - Akayesu Trial Chamber Judgement, para. 688.
343 - Sexual violence would also include such crimes as sexual mutilation, forced marriage, and forced abortion as well as the gender related crimes explicitly listed in the ICC Statute as war crimes and crimes against humanity, namely “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization” and other similar forms of violence. Rome Statute of the International Criminal Court, UN Doc A/CONF.183/9, 17 July 1998, at Art. 7(1)(g), Art. 8(2)(b)(xxii), and Art. 8(2)(e)(vi).
344 - Akayesu Trial Chamber Judgement, para. 688.
345 - Tadic Trial Chamber Judgement, para. 715.
346 - Kupreskic Trial Trial Chamber Judgement, para. 621.
347 - Kupreskic Trial Trial Chamber Judgement, para. 605.
348 - Kordic Trial Chamber Judgement, para. 193.
349 - Kupreskic Trial Trial Chamber Judgement, para. 619; Kordic Trial Chamber Judgement, para. 195.
350 - Kupreskic Trial Trial Chamber Judgement, para. 622.
351 - Kupreskic Trial Trial Chamber Judgement, para. 629.
352 - Blaskic Trial Chamber Judgement, para. 234.
353 - Blaskic Trial Chamber Judgement, para. 220.
354 - Kupreskic Trial Trial Chamber Judgement, para. 629.
355 - Kupreskic Trial Trial Chamber Judgement, para. 631.
356 - Tadic Trial Chamber Judgement, para. 717.
357 - Kupreskic Trial Trial Chamber Judgement, para. 631.
358 - Blaskic Trial Chamber Judgement, para. 234, Kordic Trial Chamber Judgement, para. 205.
359 - Kordic Trial Chamber Judgement, para. 203.
360 - Kordic Trial Chamber Judgement, para. 204.
361 - Kordic Trial Chamber Judgement, para. 206.
362 - Krstic Trial Chamber Judgement, paras 617-618. In this case, even though rape crimes were not necessarily systematic as they were considered incidental, they were still found to have been a foreseeable consequence of the persecution committed as part of a joint criminal enterprise.
363 - See, e.g., U.S. v. Ernst von Weizsaker, vol. XIV, Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No.10, p 471 [hereinafter Ministeries Case].
364 - Kordic Trial Chamber Judgement, para. 192.
365 - Akayesu Trial Chamber Judgement, para. 732. In this case, the Trial Chamber explicitly recognized forced nudity and rape as constituting sexual violence as part of the genocide and crimes against humanity committed in Rwanda. It found that sexual violence “was a step in the process of destruction of the Tutsi group – destruction of the spirit, of the will to live, and of life itself.”
366 - Tadic Trial Chamber Judgement, para. 652; see also Blaskic Trial Chamber Judgement, para. 236; and Jelisic Trial Chamber Judgement, para. 71.
367 - This is consistent with the ICTR’s interpretation of crimes against humanity in adjudicating crimes committed on “national, political, ethnic, racial or religious grounds.” For example, Akayesu, a Hutu, was held responsible for committing crimes against humanity against members of the Tutsi group, as well as against Hutu moderates or persons suspected of being Tutsi sympathizers. See Akayesu Trial Chamber Judgement, crimes against humanity convictions.
368 - Amended Indictment, paras 24-33.
369 - Amended Indictment, paras 5, 6.
370 - Amended Indictment, para. 15.
371 - Tadic Trial Chamber Judgement, para. 714.
372 - Blaskic Trial Chamber Judgement, para. 236.
373 - Jelisic Trial Chamber Judgement, para. 71.
374 - The designation “Bosnian Muslim, Bosnian Croat and other non-Serb civilians” is used extensively in Todorovic. For example, Todorovic accepts the designation “non-Serb group” with regard to its findings on the crime of persecution in that case. Todorovic Sentencing Judgement, para. 12.
375 - Kordic Trial Chamber Judgement, para. 212 (emphasis in original).
376 - See Kordic Trial Chamber Judgement, paras 211-212.
377 - Kupreskic Trial Chamber Judgement, para. 636.
378 - Kupreskic Trial Chamber Judgement, para. 627.
379 - Kordic Trial Chamber Judgement, para. 220.
380 - Jelisic Trial Chamber Judgement, para. 73.
381 - Kupreskic Trial Trial Chamber Judgement, paras 780, 790, 814 and 828.
382 - Kordic Trial Chamber Judgement, paras 829 and 831.
383 - The Trial Chamber notes that it is settled jurisprudence in the Tribunal that crimes against humanity can be committed for purely personal reasons. See, e.g., Tadic Appeals Chamber Judgement, paras 248 et seq.
384 - See, e.g., Talic Decision on Form of Amended Indictment, para. 48.
385 - Joint Submission of the Prosecution and the Accused Dragan Kolundzija of a Plea Agreement, 30 August 2001; Admitted Facts Relevant to the Plea Agreement for Dragan Kolundzija, 4 September 2001; Joint Submission of the Prosecution and the Accused Dusko Sikirica and Admitted Facts, 6 September 2001; Joint Submission of the Prosecution and the Accused Damir Dosen and Admitted Facts, 6 September 2001. Sikirica was Commander of Security, and Dosen and Kolundzija were guard shift leaders in the Keraterm camp.
386 - Oral Decision regarding plea agreement for the accused Dragan Kolundzija, 4 September 2001; Oral Decision regarding plea agreement for the accused Duško Sikirica and Damir Došen, 19 September 2001.
387 - For example, Kolundzija’s Plea Agreement notes that while there was no evidence that Kolundzija committed or condoned the mistreatment of detainees, “there is ample evidence that mistreatment regularly occurred in the Keraterm Camp and that the accused was employed as a shift leader at the Keraterm Camp for a portion of the time relevant to the Indictment.” Further, in the Admitted Facts Relevant to the Plea Agreement for Kolundzija, it is accepted that “despite being aware of the inhumane camp conditions, he accepts responsibility for continuing as a shift leader”. (para. 5) (emphasis added). In the Admitted Facts of Dosen’s Plea Agreement, para. 13 notes that “There is evidence that beatings occurred during periods of time when the accused Dosen’s shift was on duty and that at times he was aware of these beatings.”
388 - Tadic Trial Chamber Judgement, para. 729, Kupreskic Trial Trial Chamber Judgement, para. 566.
389 - Blaskic Trial Chamber Judgement, para. 243.
390 - Kordic Trial Chamber Judgement, paras 271, 272.
391 - Kupreskic Trial Trial Chamber Judgement, para. 566.
392 - African Charter on Human and Peoples’ Rights, adopted on 27 June 1981, Article 5.
393 - Tadic Trial Chamber Judgement, para. 730.
394 - Blaskic Trial Chamber Judgement, para. 239.
395 - Kupreskic Trial Trial Chamber Judgement, para. 566, Krstic Trial Chamber Judgement, para. 523.
396 - Kupreskic Trial Trial Chamber Judgement, para. 566.
397 - Kupreskic Trial Trial Chamber Judgement, para. 566.
398 - Kupreskic Trial Trial Chamber Judgement, para. 566.
399 - Kordic Trial Chamber Judgement, paras 820-825 (Articles 2, 3, and 5), Kunarac Trial Chamber Judgement, paras 556-557 (Articles 3 and 5), Krstic Trial Chamber Judgement, para. 674 (Articles 3 and 5).
400 - Jelisic Appeals Chamber Judgement, para. 82.
401 - Celebici Appeals Chamber Judgement, para. 412.
402 - Celebici Appeals Chamber Judgement, para. 413.
403 - Jelisic Appeals Chamber Judgement, para. 82.
404 - Jelisic Appeals Chamber Judgement, para. 82.
405 - Jelisic Appeals Chamber Judgement, para. 82.
406 - Celebici Trial Chamber Judgement, paras 542 et seq.
407 - Aleksovski Trial Chamber Judgement, paras 49 et seq; Kunarac Trial Chamber Judgement, para. 514.
408 - See Kunarac Trial Chamber Judgement, para. 557.
409 - The Trial Chamber notes that, under Article 3 of the Statute, violations of the laws or customs of war, rape is also a crime explicitly protected against by Article 27 of the Fourth Geneva Convention, Article 76(1) of Additional Protocol I, and Article 4(2)(e) of Additional Protocol II. Rape is a war crime under these provisions as well, and not solely under Common Article 3 of the Conventions.
410 - Amended Indictment, para. 16.
411 - In Celebici, the Appeals Chamber found “it is clear that Article 7(1) of the Statute encompasses various modes of participation, some more direct than others. The word “participation” here is a broad enough term to encompass all forms of responsibility which are included within Article 7(1) of the Statute.” Celebici Appeals Chamber Judgement, para. 351.
412 - Krstic Trial Chamber Judgement, para. 601; Akayesu Trial Chamber Judgement, para. 482; Blaskic Trial Chamber Judgement, para. 280; Kordic Trial Chamber Judgement, para. 387.
413 - Krstic Trial Chamber Judgement, para. 601; Tadic Appeals Chamber Judgement, para. 188; Kunarac Trial Chamber Judgement, para. 390.
414 - Krstic Trial Chamber Judgement, para. 601; Aleksovski Appeals Chamber Judgement, paras 162-164.
415 - Tadic Appeals Chamber Judgement, paras 185-229. The Appeals Chamber interchangeably used several other terms, such as “common purpose” to denote the same form of participation.
416 - Tadic Appeals Chamber Judgement, paras 185-229.
417 - Prosecution Pre-Trial Brief, para. 216.
418 - Kvocka Final Trial Brief, para. 56.
419 - See especially Kupreskic Trial Appeals Chamber Judgement, para. 124.
420 - Tadic Appeals Chamber Judgement, para. 190.
421 - Krstic Trial Chamber Judgement, para. 602.
422 - Celebici Appeals Chamber Judgement para. 351, with reference to Article 21(4)(a) of the Statute.
423 - See also on this point Furundzija Trial Chamber Judgement para. 189; Kupreskic Trial Trial Chamber Judgement, para. 746; Kunarac Trial Chamber Judgement para. 388.
424 - Tadic Appeals Chamber Judgement, para. 188; see also Kunarac Trial Chamber Judgement, para. 390.
425 - Kordic Trial Chamber Judgement, para. 376.
426 - Tadic Trial Chamber Judgement, para. 688; Celebici Trial Chamber Judgement, para. 327.
427 - Akayesu Trial Chamber Judgement, para. 482; Blaskic Trial Chamber Judgement, para. 280.
428 - Kordic Trial Chamber Judgement, para. 387.
429 - Kordic Trial Chamber Judgement, para. 387.
430 - Akayesu Trial Chamber Judgement, para. 482.
431 - Kunarac Trial Chamber Judgement, para. 393.
432 - Furundzija Trial Chamber Judgement, para. 249; Kunarac Trial Chamber Judgement, para. 391.
433 - Furundzija Trial Chamber Judgement, para. 249. See also Tadic Appeals Chamber Judgement, para. 229.
434 - Akayesu Trial Chamber Judgement, para. 484.
435 - Furundzija Trial Chamber Judgement, para. 233; Aleksovski Trial Chamber Judgement, para. 61.
436 - Tadic Trial Chamber Judgement, para. 674; Celebici Trial Chamber Judgement, para. 326; Aleksovski Trial Chamber Judgement, para. 61.
437 - Furundzija Trial Chamber Judgement, para. 246.
438 - Aleksovski Appeals Chamber Judgement, para. 162.
439 - Aleksovski Trial Chamber Judgement, para. 62.
440 - Blaskic Trial Chamber Judgement, para. 284. Examples are given in Tadic Trial Chamber Judgement, para. 686; Celebici Trial Chamber Judgement, para. 842; Akayesu Trial Chamber Judgement, para. 705.
441 - Kunarac Trial Chamber Judgement, para. 393; see also Tadic Trial Chamber Judgement, para. 689; Aleksovski Trial Chamber Judgement, para. 64
442 - Aleksovski Trial Chamber Judgement, para. 65; Akayesu Trial Chamber Judgement, para. 693.
443 - Aleksovski Trial Chamber Judgement, para. 87.
444 - Aleksovski Trial Chamber Judgement, para.88.
445 - Tadic Trial Chamber Judgement, para. 690.
446 - Akayesu Trial Chamber Judgement, para. 693.
447 - Furundzija Trial Chamber Judgement, para. 274.
448 - Kordic Trial Chamber Judgement, note 536.
449 - Kordic Trial Chamber Judgement, para. 802.
450 - Tadic Appeals Chamber Judgement, para. 227(ii). The Appeals Chamber reaffirmed this statement in the Furundžija Appeal Chamber Judgement, para. 119.
451 - Tadic Appeals Chamber Judgement, para. 227.
452 - Tadic Appeals Chamber Judgement, paras 196-204.
453 - Trial of Martin Gottfried Weiss and thirty-nine others, General Military Government Court of the United States Zone, Dachau, Germany, 15 November –13 December 1945, Law Reports of Trials of War Criminals, Selected and Prepared by the United Nations War Crimes Commission, Published for the United Nations War Crimes Commission by his Majesty’s Stationary Office, London, 1947 (“UNWCC”), vol. XI, p 5 (hereinafter Dachau Concentration Camp); see also Trial of Josef Kramer and 44 others, British Military Court, Luneberg, 17 September –17 November 1945, Law Reports of Trials of War Criminals, Selected and Prepared by the United Nations War Crimes Commission, Published for the United Nations War Crimes Commission by his Majesty’s Stationary Office, London, 1947 (“UNWCC”), vol. II, p 1 (hereinafter Belsen).
454 - Tadic Appeals Chamber Judgement, para. 202.
455 - Tadic Appeals Chamber Judgement, para. 202 (citing to Dachau Concentration Camp, p 14 and Belsen, p 121).
456 - Tadic Appeals Chamber Judgement, para. 202 (citing Belsen, p 121).
457 - Dachau Concentration Camp, p 14.
458 - Tadic Appeals Chamber Judgement, para. 203.
459 - Tadic Appeals Chamber Judgement, para. 220.
460 - Tadic Appeals Chamber Judgement, para. 227.
461 - Tadic Appeals Chamber Judgement, para. 229 (iii).
462 - He had previously been convicted of a number of crimes at trial as either a perpetrator or an aider and abettor. The conviction on appeal here referred to resulted from the Prosecution appeal against an acquittal by the Trial Chamber.
463 - Tadic Appeals Chamber Judgement, paras 231-232.
464 - Kupreskic Trial Chamber Judgement, para. 782. See also para. 814 with respect to Drago Josipovic and para. 828 with respect to Vladimir Santic.
465 - Kupreskic Trial Chamber Judgement, para. 803.
466 - Dachau Concentration Camp, p 13.
467 - Dachau Concentration Camp, p 13.
468 - Dachau Concentration Camp pp 15-16 (citation ommitted).
469 - The United States of America v. Otto Ohlenforf et al., Trials of War Criminals Before the Nuremberg Military Tribunals under Control Council Law No.10, Vol. IV, p 373 (hereafter “Einsatzgruppen”). The defendants were Von Radetzky, Ruehl, Schubert, and Graf.
470 - See Einsatzgruppen, pp 581 and 587.
471 - For example, with regard to imputing knowledge from an accused’s status in the organization, the Tribunal remarked that: “[i]f it were established that Ruehl really served as commander of the unit even for brief periods during such times as the Kommando was engaged in liquidating operations, guilt under counts one and two would be conclusive.” Einsatzgruppen, p 579.
472 - (i) The aider and abettor is always an accessory to a crime perpetrated by another person, the principal. (ii) In the case of aiding and abetting no proof is required of the existence of a common concerted plan, let alone of the pre-existence of such a plan. No plan or agreement is required: indeed, the principal may not even know about the accomplice’s contribution. (iii) The aider and abettor carries out acts specifically directed to assist, encourage or lend moral support to the perpetration of a certain specific crime (murder, extermination, rape, torture, wanton destruction of civilian property, etc.), and this support has a substantial effect upon the perpetration of the crime. By contrast, in the case of acting in pursuance of a common purpose or design, it is sufficient for the participant to perform acts that in some way are directed to the furthering of the common plan or purpose. In the case of aiding and abetting, the requisite mental element is knowledge that the acts performed by the aider and abettor assist the commission of a specific crime by the principal. By contrast, in the case of common purpose or design more is required (i.e., either intent to perpetrate the crime or intent to pursue the common criminal design plus foresight that those crimes outside the criminal common purpose were likely to be committed), as stated above. Tadic Appeals Chamber Judgement, para. 229.
473 - Tadic Appeals Chamber Judgement, para. 229 (iii).
474 - Talic Decision on Amended Indictment, para 27.
475 - Dachau Concentration Camp, p 13.
476 - Krstic Trial Chamber Judgement, para. 642.
477 - Krstic Trial Chamber Judgement, para. 644.
478 - Krstic Trial Chamber Judgement, para. 643.
479 - Krstic Trial Chamber Judgement, para. 644.
480 - See Trial of Robert Wagner and Six Others, Permanent Military Tribunal in Strasbourg, Strasbourg, France, 23rd April-3rd May, 1946, and Court of Appeal, 24th July, 1946, UNWCC, vol. III, pp 23-55; Trial of Josef Altstoetter et al., Trials of War Criminals Before the Nuremberg Military Tribunals Under Control Council Law No. 10, 17th February-4th December, 1947, UNWCC, vol. III, pp 1-110.
481 - See Trial of Alfons Klein and Six Others, U.S. Military Commission Appointed by the Commanding General Western Military District, USFFT, Weisbaden, Germany, 8th-15th October, 1945, UNWCC, vol. I, pp 46-54 (hereinafter “Hadamer Trial”).
482 - Trial of Bruno Tesch and Two Others, British Military Court, Hamburg, Germany, 1st-8th March, 1946, UNWCC, vol. I, pp 93-103 (hereinafter “Zyklon B”).
483 - Trial of Max Wielen and 17 others, British Military Court, Hamburg, Germany, 1st July-3rd September, 1947, UNWCC, vol.XI, pp 31-53 (1947), (hereinafter “Stalag Luft III ”).
484 - Stalag Luft III, pp 34-35.
485 - Stalag Luft III, p 36.
486 - The Defense asserted: “The accused prepared nothing, planned nothing, plotted nothing. They had no consultations among themselves . . . nor with their superiors. . . . Every factor was lacking from which collaboration and participation in a common plan or conspiracy could be deduced which would bear out the prosecution’s contention that they were together concerned or that they were aiding or abetting the commission of the alleged crimes.” Stalag Luft III, pp 37-38.
487 - Stalag Luft III, p 46 (emphasis added).
488 - Further it was noted in the Law Reports that the various roles the accused play along the continuum of culpability is reflected not in the guilt phase, but in the sentencing phase: “The degree of participation may vary . . . . Whereas all participants were found guilty whether they had given the order or fired the fatal shot themselves or acted as an escort or kept off the public, the prominence of the part they played found expression in the sentences.” Stalag Luft III, p 46. Accordingly, the commander who gave the orders, the men who fired the shots, and those who acted as escorts were given death sentences, whereas the two drivers were sentenced to 10 years imprisonment. Wielen was sentence to life imprisonment, despite the claim of the Defense that “even by sacrificing his life” he could not have prevented the crimes from being committed. p 39.
489 - Trial of Otto Sandrock and Three Others, British Military Court for the Trial of War Criminals, Almelo, Holland, 24th-26th November, 1945, UNWCC, vol. I, pp 35, 43. The Law Reports concluded that this holding was “in accordance with the established rules of criminal law of civilized countries, according to which not only the immediate perpetrators but also aiders and abetters, accessories, etc. are criminally liable.” p 43.
490 - See UNWCC, vol. XI, pp 42-43 (excerpting The Kiel Gestapo Case).
491 - The Kiel Gestapo Case, pp 43-44.
492 - See, e.g., Trial of Lieutenant-General Baba Masao, Australian Military Court, Rabaul, 28th May-2nd June, 1947, UNWCC, vol. XI, pp 56-61.
493 - Trial of Rear-Admiral Nisuke Masuda and Four Others of the Imperial Japanese Navy, U.S. Military Commission, United States Naval Base, Kwajalein Island, Kwajalein Atoll, Marshall Islands, 7th-13th December, 1945, UNWCC, vol. I, pp 71 et seq. (“Jaluit Atoll case”).
494 - Jaluit Atoll, p 73.
495 - Jaluit Atoll, p 76. See also Trial of Willy Zuehlke, Netherlands Special Court in Amsterdam and the Netherlands Special Court of Cassation, Amsterdam, 3rd August, 1948 and 6th December, 1948, UNWCC, vol. XIV, pp 139-151, 1948, in which a prison warder was convicted of persecuting Jews by keeping them illegally detained. The Law Reports note that this case demonstrates that those who play a role which is “purely instrumental are none the less held responsible as accomplices.”
496 - Trial of Heinrick Gerike and Seven Others, British Military Court, Brunswick, 20th March-3rd April, 1946, UNWCC, vol. VII, pp 76-81 (hereinafter “Velpke Children’s Home”).
497 - Velpke Children’s Home, pp 76-77.
498 - Velpke Children’s Home, p 77.
499 - Velpke Children’s Home, pp 76-77. The doctor was said to have assumed some responsibility for the babies by showing up on occasion to treat them.
500 - Hadamar Trial, pp 46-54. The civilian staff of a sanatorium were charged with “acting jointly and in pursuance of a common intent and acting for and on behalf of the then German Reich . . . [as they did] wilfully, deliberately and wrongfully, aid, abet, and participate in the killing of human beings of Polish and Russian nationality”. Hadamar Trial, p 47.
501 - Hadamar Trial, p 48.
502 - Hadamar Trial, p 48.
503 - Hadamar Trial, p 49.
504 - Hadamar Trial, p 49. He stated that in the beginning the personnel were free to leave but that because he was an “official” and not an “employee”, he was not free to leave; eventually even employees could not leave due to a personnel shortage.
505 - Hadamar Trial, p 51.
506 - Hadamar Trial, p 51. When Blum left the facility, Willig took over supervising the burials.
507 - Hadamar Trial, p 48. “The victims were induced to receive the injections and take the drugs by assurances that they were being treated for the disease from which they allegedly suffered or that they were being inoculated against communicable diseases.”
508 - Hadamar Trial, p 50.
509 - Hadamar Trial, p 50-51. However, in Willig’s pretrial statement, he said he had never been threatened, but that he had once requested a transfer, which was refused, and that he “could not ask to be dismissed because he would have lost his pension and would probably have been imprisoned.”
510 - The Tokyo Judgement, the International Military Tribunal for the Far East, 29 April 1946-12 November 1948, Chapter X (Roling & Ruter eds.), 1977, p 458 (hereinafter “IMTFE Judgement”).
511 - IMTFE Judgement, pp 457-458. At this time, Muto was Chief-of-Staff to General Yamashita. The Judgement notes that “the circumstances, as he knew them, made him suspicious that the treatment of the prisoners was not as it should have been.” In this instance it was the lack of sufficient information in reports that made his suspicious. If he had received reports of crimes and failed to halt them knowing they were being committed, and his subordinates knew he’d received the reports but did not order the crimes to cease, and reasonably concluded that he condoned the crimes, he could incur both 7(1) and 7(3) responsibility.
512 - IMTFE Judgement, p 455.
513 - The Supreme Court of South Africa in S v Safatsa vividly articulated the common purpose principle as applied in South African courts. The Court convicted six of eight defendants of murder for participating in a mob attack which lead to the death of an individual. The Court found that the defendants conduct ranged from preparing incendiary materials, actually holding the victim for others, exhorting the crowd to kill him, throwing stones and, forming part of the crowd that attacked him. The Court based the convictions on the doctrine of common purpose. The Court rejected the defendants’ assertions that they could not be found guilty in the absence of any proof that their individual participation or conduct contributed directly to the death. The Court found that the “acts of each of the six accused convicted of murder manifested an active association with the acts of the mob which caused the death of the deceased. These accused shared a common purpose with the crowd to kill the deceased and each of them had the requisite dolus in respect of his death. Consequently the acts of the the mob which caused the deceased’s death must be imputed to each of these accused” S v Safatsa and Others, 1988 (1) SA 868 (A), p. 901, digested version reprinted in, Juta, The South African Law Reports, 868, 899(March 1988). The Court also, reviewing its jurisprudence, quoted favorably the proposition that:
’Association in a common illegal purpose constitutes the parrticipation—the actus reus. It is not necessary to show that each party did a speciifc act towards the attainment of the joint object. Association in the common design makes the act of the principal offender the act of all . . . .Moreover, it is not necessary to show that there was a causal link between the conduct of each body to the common purpose and the unlawful consequence.’
Id. at 899 (quoting S v Maxaba en Andere 1981 (1) SA 1148 (A), at 1155E-G and s). This concept is not foreign to civil law systems. In Austria, it is established case law that an accomplice is someone who contributes to the commission of an offense carried out by another person by facilitating the commission or supporting it “in any way whatsoever”. OGH 10.11. 1992 14Os 122/92; 15 Os 119/92 in JBl 1994, 268. This facilitation may take the form of physical or psychological support, advice or encouragement. While Austria distinguishes between co-perpretration and accomplice liability, the inference of shared intent for acts committed by different individuals in the group is common to both theories. A person may be convicted, for example, of arson as a principal actor or co-perpretrator by virtue of her involvement at the scene of this crime together with other co-perpretrators even if she herself did not carry out the actus reus of arson but was part of a group with the shared intent to commit arson and which did carry out the crime. She may be held liable as a co-perpretrator, thus, for being a lookout, or for providing materials. OGH 15.9. 1999 12 Os 74/99. The Portugese Criminal Code metes out the identical punishment for a person who founds a criminal enterprise as for a person who assists the criminal enterprise. Portugese Criminal Code, Art. 299.2 (punishing these crimes with one to five years of imprisonment). In the United States, federal drug laws provide that “the relationship requirement for showing a common criminal enterprise is flexible, such that a defendant’s relationship with other individuals need not exist at the same moment, those individuals need not have a relationship with one another and they may have different roles in the criminal enterprise.” U.S. v. Long, 190 F.3d 471, 475 (6th Cir. 1999). Thus a broker or courier, someone who stores drugs, or one who collects or launders drug proceeds, would have a sufficient relationship with the common criminal enterprise to establish liability. Id.
514 - This reflects the position under customary international law. The Kvocka Final Trial Brief also makes reference to the equivalent of this provision in the “Regulations concerning the application of the international law to the armed forces of the SFRJ”, 1988: Kvocka Final Trial Brief, para. 92.
515 - Celebici Trial Chamber Judgement, para. 346; Aleksovski Trial Chamber Judgement, para. 69; Kordic Trial Chamber Judgement, para. 401; Blaskic Trial Chamber Judgement, para. 294; Kunarac Trial Chamber Judgement, para. 395.
516 - Celebici Appeals Chamber Judgement, paras 182 et seq. See also Aleksovski Appeals Chamber Judgement, para. 76.
517 - Celebici Appeals Chamber Judgement, para. 196.
518 - Celebici Appeals Chamber Judgement, para. 192.
519 - Celebici Appeals Chamber Judgement, para. 256.
520 - The Appeals Chamber has said that “In general, the possession of de jure power in itself may not suffice for the finding of command responsibility if it does not manifest in effective control, although a Court may presume that possession of such power prima facie results in effective control unless proof to the contrary is produced”, Celebici Appeals Chamber Judgement, para. 197.
521 - Blaskic Trial Chamber Judgement, para. 302.
522 - Celebici Appeals Chamber Judgement, para. 226.
523 - Celebici Appeals Chamber Judgement, para. 241.
524 - Celebici Appeals Chamber Judgement, para. 238; Celebici Trial Chamber Judgement, para. 393.
525 - Celebici Appeals Chamber Judgement, para. 238.
526 - Prosecution Pre-Trial Brief, paras 109 and 112. The Trnopolje camp is not mentioned in these paragraphs.
527 - Including by murder, torture and beatings, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions, as alleged in count 1 of the indictment.
528 - Krstic Trial Chamber Judgement, para. 616.
529 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats, and other non-Serbs detained in Omarska camp.
530 - Prosecution Final Trial Brief, para. 179.
531 - See, e.g., Witness DA/2, T. 7736-7741; Jasminka Kvocka, T. 7916-7918; 7920-7921.
532 - Miroslav Kvocka, T. 698-707.
533 - Miroslav Kvocka, T. 721-722.
534 - “Miroslav Kvocka was the first generation that graduated from regular police academy. He was an excellent pupil and a highly conscientious, responsible and good policeman. He performed all his assignments very well and on time. He cooperated very closely with the local people of his area, so it was not difficult for him to discover any offence or address any problem. He was highly communicative and he was very popular among the locals. I can also say, in support of this, that I think it was in the 1980s or even before, that Kvocka, as an excellent policeman, was proposed and appointed to position in our embassy in France”. Milutin Bujic, T. 7840-7841. See also Lazar Basrak, T. 7094.
535 - Following his stint at the Tukovi station, Kvocka transferred to the police station of Prijedor. After a year, he became shift leader of a patrol at the Prijedor police station.
536 - Miroslav Kvocka, T. 686.
537 - Miroslav Kvocka, T. 727-728.
538 - Prosecution Final Trial Brief, para. 142.
539 - Kvocka Final Trial Brief, paras 154 et seq.
540 - The Public Security Service is divided in police stations, themselves subdivided in police departments, e.g. the Omarska police station department. T. 742-745.
541 - Milutin Bujic, T. 7822-7823.
542 - Milutin Bujic, T. 7822-7823.
543 - Miroslav Kvocka, T. 748.
544 - Miroslav Kvocka, T. 749.
545 - Miroslav Kvocka, T. 746-747.
546 - Exhibit 3/203, p 3.
547 - Miroslav Kvocka, T. 754-755.
548 - Miroslav Kvocka, T. 759-763.
549 - Exhibit P 3/203, p 7.
550 - Miroslav Kvocka, T. 8090-8091.
551 - Miroslav Kvocka, T. 759-760, 8118-8119.
552 - Milutin Bujic, T. 7859.
553 - Milutin Bujic, T. 7860.
554 - Miroslav Kvocka, T. 769-770.
555 - Milutin Bujic, T. 7843, 7869.
556 - Kvocka was appointed to this position on 21 March 1990 and two decisions of 17 June 1992 signed by Stojan Zupljanin, head of the Security Centre in Banja Luka and of 27 October 1993 signed by the Ministry of Interior continued his appointment as a patrol sector leader. On 1 September 1992, he was appointed as a shift leader in Prijedor police station by the Ministry of Internal Affairs of Republika Srpska. Kvocka left his employment in November 1996 as a result of being indicted by the Tribunal. Kvocka states in his interview with the Prosecution that, with regard to ranks, there was a “small difference between a policeman who was in charge of a village for instance, or a district, than those who were not.” Exhibit P 3/203, p 3.
557 - Exhibit P 3/203, p 6.
558 - Miroslav Kvocka, T. 8179.
559 - Exhibit P 3/203, p 2.
560 - Exhibit P 3/203, p 21.
561 - Exhibit P 3/203, p 21.
562 - Miroslav Kvocka, T. 8285.
563 - Miroslav Kvocka, T. 849.
564 - Fadil Avdagic, T. 3421-3422; Witness AQ, T. 5660; Kvocka, T. 849, 858-860.
565 - Miroslav Kvocka, T. 850-856.
566 - Miroslav Kvocka, T. 857-858 and 8062.
567 - Miroslav Kvocka, T. 860-861.
568 - Miroslav Kvocka, T. 860-861.
569 - Miroslav Kvocka, T. 862-864.
570 - Miroslav Kvocka, T. 881.
571 - Miroslav Kvocka, T. 882-887.
572 - Miroslav Kvocka, T. 888.
573 - Decision on Defense Motions for Acquittal, para. 61.
574 - Kvocka Final Trial Brief, para. 179.
575 - Miroslav Kvocka, T. 888-89, T. 8289. See also Exhibit D23/1, medical certificate for a sick leave to Kvocka from 16 to 19 June 1992 issued by Dr. Ivic.
576 - Exhibit P 3/203, p 128.
577 - Exhibit P 3/203, p 127.
578 - Miroslav Kvocka, T. 956.
579 - Exhibit D13/1.
580 - Lazar Basrak, T. 7092-7093.
581 - Ljuban Andzic, T. 7545; Nada Markovska, T. 7770-7771.
582 - Nusret Sivac, T. 3984; Kerim Mesanovic, T. 5179. Kvocka testified however that he would usually not carry the automatic rifle assigned to him and that he would leave his weapon in the police office or in the official vehicle, T. 876-877. Witness AK indicated that Kvocka wore a pistol and carried a rifle, but that he carried the rifle only during his first few days in the camp. T. 2013.
583 - Azedin Oklopcic, T. 1758; Witness AI, T. 2125; Witness AK, T. 2017; Sifeta Susic, T. 3007.
584 - Witness AK, T. 2046; Witness K, T. 5015.
585 - Kerim Mesanovic, T. 5181 and 5201.
586 - Kerim Mesanovic, T. 5180; Zlata Cikota, T 3309-3312 and 3313; Sifeta Susic, T. 3017. Sifeta Susic said that she talked to Kvocka on the day of her arrival in the camp on 24 June 1992, and on several occasions afterwards.
587 - Exhibit 3/203, p 127.
588 - Exhibit D13/1; Exhibit D53/1.
589 - Exhibit D15/1.
590 - Miroslav Kvocka, T. 8079.
591 - Kvocka Final Trial Brief, para. 181.
592 - Exihibit P 3/203, p 52 and 53.
593 - Miroslav Kvocka, T. 8401.
594 - Miroslav Kvocka, T. 8408.
595 - Exhibit P 3/203, p 39; Miroslav Kvocka, T. 8285.
596 - Exhibit P 3/203, p 39; Miroslav Kvocka, T. 8285.
597 - Miroslav Kvocka, T. 8124-8126.
598 - Miroslav Kvocka, T. 8121. Kvocka stated in particular: “Every policeman who was involved in regular police work knew about it, and Zeljko emphasised it as well, that one of the duties of the police was to prevent escape, which implied also preventing, if possible and necessary, any attack on the prisoners”.
599 - Prosecution Final Trial Brief, para. 112.
600 - Exhibit P 3/203, p 59.
601 - Miroslav Kvocka, T. 8156.
602 - Exhibit P 3/203, p 59.
603 - Miroslav Kvocka, T. 969-970.
604 - Miroslav Kvocka, T. 8155.
605 - Miroslav Kvocka, T. 8408-8409.
606 - Exhibit D43/1 (Chart 3).
607 - Miroslav Kvocka, T. 8387.
608 - Miroslav Kvocka also stated that “when Zeljko Meakic was absent, no one could give orders”. He added that the duty officers rotated. Kvocka said that there would be several equal duty officers, so that if Mladjo Radic and himself were in the same shift, Zeljko Meakic might leave instructions to Mladjo Radic. Kvocka was then left with nothing to do. Miroslav Kvocka, T. 8399-8401.
609 - Miroslav Kvocka, T. 8381.
610 - Mirsad Alisic, T. 2538.
611 - Witness A, T. 5469.
612 - Witness AJ, T. 1647.
613 - Sifeta Susic, T. 2978.
614 - Sifeta Susic, T. 3007.
615 - Azedin Okopcic, T. 1758-1759.
616 - Witness AI, T. 2106.
617 - Miroslav Kvocka, T. 8413.
618 - Miroslav Kvocka, T. 8179.
619 - Exhibit 3/302, p 16-17.
620 - Miroslav Kvocka, T. 8181.
621 - Nusret Sivac, T. 3974.
622 - Nusret Sivac, T. 3973-3975.
623 - Sifeta Susic, T. 2997-2998.
624 - Witness J, T. 4845.
625 - Kerim Mesanovic, T. 5190-5191.
626 - See, e.g., Witness AK, T. 2071-2072.
627 - Miroslav Kvocka, T. 8387.
628 - Exhibit P 3/203, p 108.
629 - Exhibit P 3/203, p 60.
630 - Miroslav Kvocka, T. 980.
631 - Miroslav Kvocka, T. 984.
632 - Miroslav Kvocka, T. 773-778 and 7843.
633 - Miroslav Kvocka, T. 913-918.
634 - Miroslav Kvocka, T. 919.
635 - Miroslav Kvocka, T. 1002.
636 - Miroslav Kvocka, T. 973.
637 - Miroslav Kvocka, T. 972.
638 - Miroslav Kvocka, T. 8146.
639 - Miroslav Kvocka, T. 868-869.
640 - Miroslav Kvocka, T. 8277.
641 - Miroslav Kvocka, T. 975.
642 - Miroslav Kvocka, T. 937-938.
643 - Miroslav Kvocka, T. 8114.
644 - Miroslav Kvocka, T. 974-975.
645 - Miroslav Kvocka, T. 1000-1001.
646 - Mirsad Alisic, T. 2485-2486.
647 - Exhibit P 3/203, p 35-36.
648 - Exhibit P 3/203, p 39.
649 - Exhibit P 3/203, p 109.
650 - Mirsad Alisic, T.2479-2481; see also Witness AK, T. 2010.
651 - Witness AI, T.2151-2154.
652 - Exhibit 3/203, p 45.
653 - Miroslav Kvocka, T. 8165-8166.
654 - Miroslav Kvocka, T. 8381-8382.
655 - Miroslav Kvocka, T. 8378-8379.
656 - Miroslav Kvocka, T. 975.
657 - Branko Rosic, T. 7488-7491; Milenko Rosic, T. 7509-7517; Ljuban Andic, T. 7540-7548.
658 - Miroslav Kvocka, T. 893-906.
659 - Miroslav Kvocka, T. 972-973.
660 - Miroslav Kvocka, T. 8389
661 - Witness AK, T. 2028-2029.
662 - Witness AK, T. 2072.
663 - Miroslav Kvocka, T. 8125.
664 - Miroslav Kvocka, T. 8124-8125. Kvocka stated in particular that: “In the system in which we lived, it was believed that the police simply could not attack citizens. Now, if this should happen, then in that case there are several possibilities. I spoke about that yesterday to a certain extent. If we interpret the rules literally, if such an incident should happen before my own eyes, if a policeman should attack a citizen, then I would intervene, of course. However, certain qualifications need to be made here. If a policeman should slap a citizen, in that case I should perhaps ask myself about the authority that I have to intervene or not. In that case, I think that I would have an obligation to report about that to my superiors. Second, if the violation of human rights in question is a drastic one, if it's an attempt of murder or some other kind of ill-treatment, then speaking for myself, I'm sure I would try to prevent it if, of course, it is happening before my eyes, in my physical presence. In that case, of course I would try to prevent it. In that case, I think I can intervene, that is, I think I will -- would intervene, although later on I run the risk of having problems with the policeman in question. Then you would probably have a conflict of interest. He would probably think that he has the right to do that and [had] authority to do that, and I will probably think that he does not have such an authority, and then we would probably have a conflict between the two of us. But personally, I think I would always intervene in cases of murder attempt, ill-treatment, and similar incidents.”
665 - Miroslav Kvocka, T. 8195.
666 - Miroslav Kvocka, T. 8194.
667 - Milutin Bujic, T. 7859-7860.
668 - Miroslav Kvocka, T. 8382.
669 - Nusret Sivac, T. 3973-3975.
670 - Sifeta Susic, T. 3008.
671 - Miroslav Kvocka, T. 8165-8166.
672 - Miroslav Kvocka, T. 8125.
673 - Miroslav Kvocka, T. 8124-8126.
674 - Miroslav Kvocka, T. 8105-8106.
675 - Miroslav Kvocka, T. 8375.
676 - Miroslav Kvocka, T. 8111-8112.
677 - Exhibit 3/203, p 133.
678 - The Trial Chamber did hear evidence that Kvocka threatened detainees on two occasions, but does not find them a sufficient basis on which to conclude that he personally participated in abuses of detainees. Mirsad Alisic testified that when detainees in “Mujo’s room” were ordered to go to the pista, he saw Kvocka on the way and Kvocka said that the detainees “should walk slowly, that we shouldn't go fast. If anybody made a quick movement of any kind, that he personally would kill him.” T. 2478. Witness AW testified that he received a similar type of threat from Kvocka at the time Kvocka and Momcilo Gruban, said to be the third shift leader in the Omarska camp, stole gold and jewel from Witness AW’s sister. Witness AW recounted the day when Kvocka threatened him and said that: “Kvocka was driving the car. And before that, the two of them (Gruban and Kvocka) talked about something. And he looked at his rear view mirror and he could see me sitting on the back seat, and he said, "If we don't find the gold and the money, someone's body might float down the river Sana." Witness AW, T.11952.
679 - Kvocka’s Defense team also produced records from the military court in Banja Luka showing that people were prosecuted and convicted for failing to respond to a draft order, evading military service, or for wilful abandonment and desertion of the armed forces, thus attempting to demonstrate that the accused had no option but to continue his duties in the camp. Exhibit D51/1. However, the Trial Chamber does not draw this conclusion from the documents exhibited. The circumstances of those convicted do not correspond to Kvocka’s position. He did not fail to respond to a draft order, and it cannot be said that the only alternatives to continuing his duties in the camp were to desert his wartime obligation or be sent to the front lines.
680 - He said that he was a black sheep in within the circle of Serb personnel in the camp and wanted to leave it all but also wanted to stay for his relatives and friends and had no other place to live if he left the police. Miroslav Kvocka, T. 8405.
681 - Branko Starkevic, T. 9266.
682 - Branko Starkevic, T. 9289-9291.
683 - Witness DD/10, T. 10699-10700.
684 - See, e.g., Erdemovic Appeals Chamber Judgement, para. 19.
685 - Witness AK, T. 2073-2074.
686 - See, e.g., evidence of torture, T. 2028-2029; evidence of murder, T. 2485-2486; evidence of sexual violence, T. 5385-5387. These crimes occurred during the time that Kvocka worked in the camp. It is not necessary to prove that each crime was committed in Kvocka’s presence or that he had knowledge of each crime. For example, if there were dead bodies lying about during the period when Kvocka worked at the camp, that is sufficient to incur responsibility in light of his position and continued presence.
687 - In the Celebici Appeals Chamber Judgement, when considering the multiple convictions based on the same facts under Articles 2 and 3 of the Statute, which were not found to each have materially distinct elements, the Article 2 convictions were “upheld”, and the Article 3 convictions were “dismissed”.
688 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
689 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
690 - Gostimir Modic, T. 11488.
691 - Dusan Lakcevic Report, p 9. The expert added that a crime technician is a three to four year secondary school graduate with a completed course for crime laboratory technicians and with the final exam passed in Crime Photography, Finger and Trace Prints. p 6.
692 - Witness DE/1, T. 11626.
693 - Decision on Defense Motions for Acquittal, para. 61.
694 - Prcac Final Trial Brief, paras 373 et seq.
695 - Exhibit P 3/167, p 8.
696 - Exhibit P 3/167, p 9.
697 - T. 11341 (opening statement of Defense counsel for Prcac).
698 - Ljubisa Prcac, T. 11365.
699 - Obrad Popovic, T. 11560-61.
700 - See e., g., Witness J, T. 4902; Witness K, T. 5045; Kerim Mesanovic, T. 5243; Nusret Sivac, T. 3995; Obrad Popovic, T. 11559-11560; Dragan Velaula, T. 11598.
701 - Prcac Pre-Trial Brief, para. 8, 9, 16.
702 - Defense Final Trial Brief, para. 357.
703 - Exhibit P 3/167, pp 13-14.
704 - Witness F, T. 5362.
705 - Witness F, T. 5354-5355, 5362.
706 - Nusret Sivac, T. 3994-3995.
707 - Omer Mesan, T. 5279-5283. Omer Mesan could not identify Prcac in Court. Omer Mesan, T. 5292.
708 - Zlata Cikota, T. 3319-3320.
709 - Witness J, T. 4747 and 4903.
710 - Nusret Sivac, T. 3994.
711 - Nusret Sivac, T. 4119-4120.
712 - Nusret Sivac, T. 3995-3997. The detainee was Smail Duratovic, who had been placed in a truck tyre and set afire, and consequently parts of his body were charred and he had burns on his face and arms.
713 - Witness AN, T. 4402-4403
714 - Sifeta Susic, T. 2979, 3007-3009.
715 - Azedin Oklopcic, T. 1758-1759; Witness B, T. 2356-2357.
716 - Witness K, T. 4923, 4980; 5046-5049.
717 - Witness J, T. 4906; see also Witness J, T. 4747 and 4903; 4905-4906.
718 - Edin Mrkalj, T. 2822.
719 - Abdulah Brkic, T. 4506-4507; Kerim Mesanovic, T. 5180-5181; Omer Mesan, T. 5279.
720 - Witness AT, T. 6069-6070; Witness U, T. 6208.
721 - Witness U, T. 6211. Most of the detainees were not sent home, however, but were transferred to Trnopolje.
722 - Witness B, T. 2356-2357.
723 - Witness F, T. 5360-5363.
724 - Zlata Cikota, T. 3319.
725 - Zlata Cikota, T, 3397.
726 - Zlata Cikota, T. 3322-3323.
727 - Zlata Cikota, T. 3316.
728 - Edin Karagic, T. 12169-12171.
729 - Prosecution Final Trial Brief, para. 151.
730 - Prcac Final Trial Brief, paras 372 et seq.
731 - Exhibit 3/167, p 9.
732 - Exhibit 3/167, pp 9-10.
733 - Exhibit 3/167, p 10.
734 - Witness J, T. 4764.
735 - Witness J, T, 4770, 4853.
736 - Nedzija Fazlic, T. 5092-5093.
737 - Witness B, T. 2361-2362; Witness F, T.5376.
738 - Witness F, T. 5376.
739 - Witness F, T, 5362, 5374-5376, 5424.
740 - Witness AI, T. 2155; Witness Y, T. 3632-3633; Witness AK, T. 2031-2033; Witness AJ, T. 1603-1605; Witness U, T. 6201-6203.
741 - Nusret Sivac, T. 4071-4074.
742 - Prcac Final Trial Brief, para. 162, p 75.
743 - Nusret Sivac, T. 4075.
744 - Prcac Final Trial Brief, para. 162, p 76.
745 - Exhibit P 3/167, p 10.
746 - Dusan Lakcevic Report, p 6.
747 - Prcac Final Trial Brief, paras 372 et seq.
748 - Witness A, T. 5487, 5564; Witness F, T. 5382-5383.
749 - Witness F, T. 5382-5383.
750 - Witness F, T. 5383.
751 - Zlata Cikota, T, 3397.
752 - Witness J, T. 4744-4745.
753 - Witness AN, T.4404.
754 - But see Exhibit P 3/167, pp 14-15 (indicating that Prcac knew detainess were transported to Manja~c and Trnopolje camps).
755 - Exhibit P 3/167, pp 14-15.
756 - Witness AT, T. 6101.
757 - Exhibit P 3/167, pp 11-12; Exhibit 5/23 (letter from Zlata Cikota).
758 - Exhibit P 3/167, pp 65-66.
759 - Edin Karagic, T. 12169-12171.
760 - Omer Mesan said that Prcac “seemed a bit formal and did not seem to pay much attention to his surroundings”. T. 5329, T.5279-5280. Witness F said that Prcac behaved as if nothing was happening during an abuse committed in front of him. T. 5376.
761 - Mirsad Kurgic, T. 12096-12102.
762 - Abdulah Brkic, T. 4489-4491.
763 - See, e.g., evidence of torture, T. 5375-5376; evidence of murder, T. 3350-3351; evidence of sexual violence, T. 6228-6230. These crimes occurred during the time that Prcac worked in the camp.
764 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
765 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
766 - In 1993, he attended a police-training course for junior police recruits in Banja Luka and became then a junior policeman, with no rank. Exhibit D5/2.
767 - Nada Cucic, T. 8440-8442.
768 - Prosecution Final Trial Brief, para. 262.
769 - Kos Final Trial Brief, p 75.
770 - Miroslav Kvocka, T. 8156, T. 969-970.
771 - Prosecution Final Trial Brief, para. 48.
772 - Kos Final Trial Brief, pp 27-28.
773 - Mirsolav Kvocka, T. 8155.
774 - Miroslav Kvocka, T. 930-933.
775 - Miroslav Kvocka, T. 8012; Dragan Popovic, T. 7697.
776 - Witness DE/1, T. 11628; Milenko Jasnic, T. 11539-11540.
777 - Edin Mrkalj, T. 2823.
778 - Kerim Mesanovic, T. 5178-5181.
779 - Witness J, T. 4745-47, 4815 (indicating that Kos was a shift commander); but see Witness J, T.4812 (recording the cross-examination of Witness J).
780 - Zlata Cikota, T. 3325-3326.
781 - Nusret Sivac, T.3988.
782 - Omer Mesan, T. 5260-5261.
783 - Kerim Mesanovic, T. 5190.
784 - Witness J, T. 4905, 4922.
785 - Witness J, T. 4920-4921.
786 - Sabit Murcehajic, T. 4182.
787 - Nihad Haskic, T. 6272-6273.
788 - Witness AK, T. 2080-2081.
789 - Sefik Zjakic, T. 5994.
790 - Sabit Murcehajic. T. 4178-4179.
791 - Kerim Mesanovic, T. 5181-5182.
792 - Witness J, T. 4770-4771.
793 - Nusret Sivac, T. 4094.
794 - Kerim Mesanovic, T. 5192-5193.
795 - Azedin Oklopcic, T. 1752-1753.
796 - Witness AJ, T. 1594-1596.
797 - Sefik Zjakic, T.5992-5994.
798 - Omer Mesan, T. 5271-5273.
799 - Witness AQ, T. 5694-5699.
800 - Witness AQ, T. 5695-5696.
801 - Prosecution Final Trial Brief, para. 66.
802 - Prosecution Final Trial Brief, paras 76 et seq.
803 - Witness B, T. 2359-2362.
804 - Kerim Mesanovic, T. 5189.
805 - Witness F, T. 5363-5366.
806 - Kerim Mesanovic, T. 5243.
807 - Kerim Mesanovic, T. 5192-5193.
808 - Kos Final Trial Brief, pp 117-118.
809 - Nusret Sivac was held in the garage for seven days. T. 3979. Sabit Murcehajic was held there from mid June to 1 or 2 July 1992, T. 4164-4166.
810 - Nusret Sivac, T. 3981.
811 - Sabit Murcehajic, T. 4188. Sabit Murcehajic also said Muhamed Cehajic said that the guards who beat were all under the influence of alcohol. Sabit Murcehajic, T. 4188.
812 - Nusret Sivac, T. 3979-3981.
813 - Kos Final Trial Brief, pp123-124.
814 - Nusret Sivac, T.3973.
815 - See, e.g., evidence of torture, T. 1752-1753; evidence of murder, T. 5261-5262; evidence of sexual violence, T. 5385-5387. These crimes occurred during the time Kos worked in the camp.
816 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Croats and other non-Serbs detained in Omarska camp.
817 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
818 - Mladjo Radic, T. 1033. In 1994, Radic was promoted to shift leader so that he could receive better retirement benefits and in 1995, he was promoted to senior Sergeant. Mlado Radic, T. 1027-1029. After the conflict, Radic received an award for his twenty years of service as a police officer.
819 - Mladjo Radic, T. 1054; Bosiljka Radic, T. 9220-9221; Exhibit D8/3 was submitted confirming that Radic was a witness to the wedding of Stipe Pavlovic, a Croat.
820 - Mladjo Radic testified that he began to work in the Omarska camp between the 27th and 29th of May 1992. T.1034.
821 - Mladjo Radic, T.11174.
822 - Mladjo Radic, T. 11178-11179.
823 - Mladjo Radic, T. 1035.
824 - Mladjo Radic, T. 11179.
825 - Kerim Mesanovic, T. 5189. When Hase Icic’s group arrived from Keraterm, Radic came on the bus and took their names as though he was in charge. Hase Icic, T. 4649.
826 - Nedzija Fazlic, T. 5086, 5136; Zlata Cikota, T. 3321.
827 - Witness AN, T. 4405.
828 - Witness J, T. 4729; Hase Icic, T. 4710; Witness AT, T. 6067; Witness F, T. 5367; Nusret Sivac, T. 3991.
829 - Sifeta Susic, T. 3007-3010.
830 - Witness AI, T. 2120; Ermin Strikovic, T. 3509-3510, 3512; Witness AN, T. 4405, 4407.
831 - Kerim Mesanovic, T. 5180; Witness B, T. 2369; Emir Beganovic, T. 1381; Witness F, T. 5367; Ermin Strikovic, T. 3569.
832 - Ermin Strikovic, T. 3508-3509; Witness AN, T. 4407-4408.
833 - Witness AN, T. 4405.
834 - Witness B, T. 2419-2420.
835 - Witness B, T. 2368-2369, 2420.
836 - Omer Mesan, T. 5275.
837 - Nedzija Fazlic, T. 5136.
838 - Mladjo Radic, T. 1049-1050.
839 - Hase Icic, T. 4650-4651.
840 - Witness AT, T. 6064.
841 - Witness B, T. 2369; Mirsad Alisic, T. 2535.
842 - Witness Y, T. 3623, 3665.
843 - Witness DC1, T. 8748; Witness DC2, T. 8788; Witness DC3, T. 8813; Witness DC7, T. 9019.
844 - Witness DC7, T. 9022-9023; Witness DC3, T. 8817.
845 - Witness DC6, T. 8922-8923.
846 - Witness DC7, T. 9030.
847 - Witness DC5, T. 8877.
848 - Witness DC3, T. 8817-8818.
849 - Mladjo Radic, T. 11294.
850 - Mladjo Radic, T. 1063.
851 - Nusret Sivac, T. 3989; Azedin Oklopcic, T. 1734; Witness AK, T. 2015-2016; Witness B, T. 2364. Abdulah Brkic testified that Popovic was the worst on the shift. Abdulah Brkic, T. 4503. Witness J testified that two of the guards on Radic’s shift, Živko Marmat and Milutin Popovic, were particularly aggressive and would often beat prisoners. Witness J, T. 4750. Drazenko Predojevic, a guard on Radic’s shift, was described as a being more violent than the rest, “he was a raging animal in the camp”. Witness B, T. 2428-2429.
852 - Witness F, T. 5367-5368; Abdulah Brkic, T. 4500-4501; Azedin Oklopcic, T. 1702.
853 - Ermin Strikovic, T. 3513, 3585-3586.
854 - Hase Icic, T. 4649.
855 - Azedin Oklopcic, T. 1702.
856 - Azedin Oklopcic, T. 1744-1747; Witness B, T. 2365.
857 - Hase Icic, T. 4650; Witness AM, T.3928.
858 - Witness J, T. 4784.
859 - Ermin Strikovic, T. 3514-3515; Fadil Avdagic, T. 3441.
860 - Ermin Strikovic, T. 3515.
861 - Witness Y, T. 3625.
862 - Witness Y, T. 3626-3627.
863 - Witness Y, T. 3632-3633.
864 - Mirsad Alisic, T. 2469-2471; Fadil Avdagic, T. 3438.
865 - Mirsad Alisic, T. 2502-2504.
866 - Mirsad Alisic, T. 2487-2488.
867 - Mirsad Alisic, T. 2498-2499.
868 - Hase Icic, T. 4661-4662.
869 - Azedin Oklopcic, T. 1726-1731.
870 - Witness AN, T. 4408.
871 - Azedin Oklopcic, T. 1730-1731.
872 - Witness AN, T. 4409.
873 - Azedin Oklopcic, T. 1732-1735.
874 - Abdulah Brkic testified he saw Hadzalic’s body being taken away in a yellow TAM truck, T. 4501-4503.Witness Y testified that he loaded the body of a man called “Rizo” from Prijedor onto a small TAM truck. Witness Y, T. 3642. Witness J, T. 4766-4767.
875 - Mladjo Radic, T. 11207. When cross-examined, Radic admitted he saw prisoners leaving the interrogation rooms with signs of mistreatment. Mladjo Radic, T. 11217.
876 - Sifeta Susic, T. 3011.
877 - Azedin Oklopcic, T.1714. Kerim Mesanovic testified that almost all day the sounds of pain, cries and moans and of the actual blows received by the detainees could be heard in the “glass house” coming from the interrogation rooms upstairs. Kerim Mesanovic, T.5187-5188. Witness F testified that moans and screams could be heard coming from all sides of the camp, from the pista, from the “glass house”. Witness F, T.5414.
878 - Mladjo Radic testified he entered the white house only on one occasion. Mladjo Radic, T. 11212.
879 - Ermin Strikovic, T. 3508-3509; According to Witness AN, Radic was upstairs when prisoners were beaten on the way to eat. Witness AN, T. 4408.
880 - Omer Mesan, T. 5277-5278.
881 - Hase Icic, T. 4660-4662. According to Hase Icic, Radic asked them to hand over the money soon after the detainees arrived in Omarska. Radic told them: “ All of you are to write down your name, the amount of money or gold or jewellery you have with you. And if you have enough, you’ll be spared torture.” Hase Icic, T. 4652.
882 - Hase Icic, T. 4657.
883 - Omer Mesanovic, T. 5189; Witness B, T. 2362.
884 - Mladjo Radic, T. 11209-11210.
885 - When cross-examined, Radic testified that he could hear people in the interrogation rooms yelling “Why are you lying? Don’t lie!” and then he would hear sound as if furniture was falling, but he couldn’t tell if they were beating someone. Mladjo Radic, T. 11214-11215.
886 - Witness DD/10, T. 10689; see also Nada Markowski, T. 7772. Witness DC5 also testified that screams, sounds of things breaking, and “howling” could be heard coming from the interrogation rooms upstairs. Witness DC5, T.8876.
887 - Witness J, T. 4775; Witness A, T. 5487; Witness U, T. 6217; Witness F, T. 5383; Zlata Cikota, T. 3342. Witness U testified that Radic took a female detainee out and when she returned she looked afraid and her face was all red. Witness U, T. 6216-6217. Witness B testified that on one occasion she entered a room by mistake and she found Mlado Radic waiting for a female detainee, and he began to curse her and said that he would take his revenge on her. Witness B, T. 2385-2386.
888 - Witness F, T. 5388.
889 - Sifeta Susic, T. 3022-3023.
890 - Zlata Cikota , T. 3320-3221.
891 - Nedzija Fazlic, T. 5100-5101.
892 - Witness J, T. 4758.
893 - Witness J, T. 4777.
894 - Radic Final Trial Brief, paras 283-287.
895 - Witness J, T. 4779-4783.
896 - Witness K, T. 4983-4984, 5056.
897 - Witness K, T. 4983-4984.
898 - Witness K, T. 4984-4985, 4987-4988.
899 - Witness K, T. 5058.
900 - Witness K, T.12203-12205.
901 - One of the cleaning ladies who worked at Omarska.
902 - Vinka Andic, T.9133-9134, 9136. According to the testimony of Witness K, Vinka, one of the cleaning ladies, came to get her to go to Radic. Witness K, T. 4983-4984, 12203, 12218, 12238.
903 - Vinka Andic, T. 9130-9133.
904 - Witness AT, T. 6095-6098, 6155.
905 - Witness AT, T. 6157-6158.
906 - Witness AT, T. 6152-6155.
907 - See Celebici Trial Chamber Judgement, para. 495; Furundzija Trial Chamber Judgement, para. 271; Kunarac Trial Chamber Judgement, para. 464. Rule 96 of the Rules of Procedure and Evidence provides that in cases of sexual assault, consent shall not be allowed as a defense if “the victim has been subjected to or threated with or has had reason to fear violence, duress, detention or psychological oppression”.
908 - Rule 93 provides: “(A) Evidence of a consistent pattern of conduct relevant to serious violations of international humanitarian law under the Statute may be admissible in the interests of justice”.
909 - Witness A testified that she was called out by Radic about ten times. On four occasions he took her to a room on the ground floor, beat her up and raped her. Witness A testified: “First he led me inside. I resisted…He threw me over the table, he pulled me by the hair, and he raped me”. On another occasion Radic raped her in the room where they slept. When Witness AT arrived at the camp Radic stopped calling Witness A out to be raped. T. 5489-5490, 5494-5495, 5568.
910 - Witness AT, T. 6100-6101; Witness B, T. 2386.
911 - Akayesu Trial Chamber Judgement, para. 688.
912 - Celebici Trial Chamber Judgement, paras 941, 963.
913 - Radic Pre-Trial Brief, paras 10, 26.
914 - Mladjo Radic, T.11296.
915 - Mladjo Radic, T.11297.
916 - Exhibit D4/30.
917 - Exhibit D4/30, pp 7-8.
918 - Mladjo Radic, T. 11174.
919 - Witness AK, T. 2073-2075.
920 - Witness B, T.2369.
921 - Abdulah Brkic, T. 4518; Witness AI, T. 2226.
922 - Witness B, T. 2428-2429.
923 - Witness DC5, T. 8885.
924 - This is consistent with our holding in Krstic. See Krstic Trial Chamber Judgement, para. 652.
925 - See, e.g., evidence of torture, T. 4661-4662; evidence of murder, T. 1726-1731; evidence of sexual violence, T. 5385-5388. These crimes occurred during the time that Radic worked in the camp.
926 - See Prosecutor v. Kvocka et al., Decision on Defense Preliminary Motions on the Form of the Indictment, 12 April 1999.
927 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats, and other non-Serbs detained in the Omarska camp.
928 - For murder, torture and beating, sexual assault and rape, harassment, humiliation and psychological abuse, and confinement in inhumane conditions of Bosnian Muslims, Bosnian Croats, and other non-Serbs detained in the Omarska, Keraterm, and Trnopolje camps.
929 - Azedin Oklopcic, T.1901. See also Ervin Ramic, T.5624.
930 - Counts 11-13 of the Amended Indictment and Schedule D.
931 - Witness J, T.4784. Witness DD/10 also testified she saw Zigic at Omarska camp around 10 June 1992, T.10656.
932 - Witness AJ, T.1607; Witness AK, T.2026.
933 - Witness AJ, T.1601-1602; Witness AK, T.2028.
934 - Witness AJ, T.1603, 1604; Witness AK, T.2026.
935 - Witness AK, T.2029-2030.
936 - Witness AK, T.2030.
937 - Witness AJ, T.1640.
938 - Witness AK, T.2031.
939 - Witness AK, T.2030-2032; Witness AJ, T.1607.
940 - Witness AJ, T. 1604, 1640-1641.
941 - Witness AK, T.2031.
942 - Witness AK, T.2034-2035; Witness AJ, T.1604, 1640.
943 - Witness AK, T.2036.
944 - Witness AK, T.2033; Witness AJ, T.1604-1605.
945 - Witness AJ, T.1604-1605.
946 - Witness AK, T.2033.
947 - Witness AK, T.2033-2035.
948 - Witness AK, T.2035.
949 - Witness AK, T.2036-2037.
950 - Witness AK, T.2037-2038. See also Sefik Zjakic, T.5999.
951 - Witness AJ, T.1606.
952 - Witness AJ, T.1605, 1607.
953 - Amended Indictment, para. 41(c), counts 11-13.
954 - Emir Beganovic, T.1408. Note, however, that this witness includes others in the group and does not mention Witness AK.
955 - Azedin Oklopcic, T.1742.
956 - In his unsworn statement, Zigic said that he “chatted with Abdulah Brkic in the white house”. Zoran Zigic, T. 9465.
957 - Abdulah Brkic, T.4489-4491.
958 - Zigic Final Trial Brief, para. 162.4.
959 - Zoran Zigic, T. 9465-9466. Defense Witness DD/10 heard Witness AK had been beaten by Zigic. Witness DD/10, T.10646.
960 - Zigic Final Trial Brief, para. 163.3.
961 - Zigic Final Trial Brief, para. 160.5.
962 - Zigic Final Trial Brief, para. 168.3.
963 - Amended Indictment, para. 37(c), and Schedule D, counts 1-3, 6-7, and 11-13.
964 - Witness T, T.2648.
965 - Witness T, T.2648-2657.
966 - Witness DD/10, T.10660.
967 - Witness T, T.2658-2731.
968 - Witness T, T.2732.
969 - Witness T, T.2732.
970 - Witness T, T.2732-2733.
971 - Witness T, T.2733.
972 - Witness T, T.2734.
973 - Witness T, T.2734-2735.
974 - Witness T, T.2736-2737.
975 - Witness T, T.2737-2739. Azedin Oklopcic testified that he saw Dusan Knezevic beat Becir Medunjanin in the white house and then take him outside. He concluded that Dusan Knezevic killed Becir Medunjanin. T.1898-1899. Abdulah Brkic testified that he saw Duca Knezevic beat Becir Medunjanin and slice his throat with a knife. Abdulah Brkic does not know whether this resulted in Becir Medunjanin’s death. Zigic was in Omarska on that day. T.4625-4631.
976 - Fadil Avdagic, T.3482. Witness DD/10 also testified that Becir Medunjanin succumbed to the beatings on 16 or 17 June, T.10663.
977 - Fadil Avdagic, T.3449-3459.
978 - Zigic Final Trial Brief, para. 123.13-123.17.
979 - Fadil Avdagic, T.3471.
980 - Witness DD/8, T.10857; Witness DD/7, T.10740; Witness DD/6, T.9865.
981 - Witness T, T.2731.
982 - Zigic Final Trial Brief, para. 122.
983 - Witness T, T.2752.
984 - Zigic Final Trial Brief, para. 124.2.
985 - Witness T, T.2635-2636.
986 - Witness T, T.2753-2754.
987 - Charges relating to Keraterm and Trnopolje camps against the other four accused were dismissed by the Decision on the Defense Motions for the Judgement of Acquittal, 15 December 2000.
988 - Prosecution Final Trial Brief, para. 389.
989 - Zoran Zigic, T. 9457.
990 - Witness N, T.3892; Abdulah Brkic, T.4544; Hase Icic, T.4642.
991 - Witness DD/8, T.10881.
992 - Witness DD5, T. 10069.
993 - Ervin Ramic, T.5613, 5625, 5617.
994 - Ervin Ramic, T.5618.
995 - Witness DD/7, T.10739; Witness DD/5, T.9961; Zeljko Gavranovic, T. 10213; Stojanovic, T. 10188; Witness DD6, T. 9843.
996 - Witness DD7, T. 9961; Witness DD1, T. 9654; Zeljko Gavranovic, T. 10225.
997 - Witness DD/1, T.9523 and T.9651-9652; Witness DD/2, T.9736-9637; Witness DD/5, T.9961.
998 - Zoran Zigic, T.9459.
999 - Exhibit P 3/249.
1000 - Hase Icic, T.4632 and 4696.
1001 - Witness Y, T.3592-3593.
1002 - Hase Icic, T.4636, 4643.
1003 - Safet Taci, T.3721; Witness AD, T.3754.
1004 - Safet Taci, T.3721.
1005 - Witness Y, T.3489.
1006 - Zoran Zigic, T. 9458, 9462; Zigic Final Trial Brief, paras 273.1, 274.1.
1007 - Amended Indictment, para. 37(a), counts 6-7.
1008 - Witness N, T.3892.
1009 - Safet Taci testified that Emsud Bahonjic had told him that if Žigic “shows up again, he would be finished, if Zigic comes in, that he would be dead”. T.3759.
1010 - Witness N, T.3893-3894. See also Abdulah Brkic. T.4484.
1011 - Zoran Zigic, T.9458-9459; Witness DD/1, T.9533-9656; Witness DD/5, T.9965.
1012 - Witness DD/9, T.10414.
1013 - Ervin Ramic, T.5618-5619.
1014 - Witness N, T.3894.
1015 - Zoran Zigic, T.9459.
1016 - Witness DD/1, T.9533; Witness DD/2, T.9670.
1017 - Witness DD/9, T.10415.
1018 - Witness DD/1, T.9537, Witness DD/5, T. 9965.
1019 - Witness N, T.3897.
1020 - Witness N, T.3895-3897, 3910. See also Witness AD, T.3796-3797, 3802; Hase Icic, 4638-4642; Ervin Ramic, T.5621.
1021 - Witness AE, T.4286.
1022 - Zigic Final Trial Brief, para. 47.4.
1023 - Amended Indictment, para. 37(b), counts 6-7. See also Prosecution Final Trial Brief, para. 401.
1024 - Hase Icic, T.4642, 4695, 4704-4705.
1025 - Prosecution Final Trial Brief, paras 401-403.
1026 - Witness DD/8, T.10835.
1027 - Amended Indictment, para. 37(b), counts 6-7.
1028 - Edin Ganic, T.5955.
1029 - Witness AE, T.4296.
1030 - Amended Indictment, para. 37(b), counts 6-7.
1031 - Witness Y, T.3606.
1032 - Witness Y, T.3680.
1033 - Witness Y, T.3607-3610.
1034 - Edin Ganic, T.5908.
1035 - Edin Ganic, T.5908-5909.
1036 - Zigic Final Trial Brief, para. 227.
1037 - Zigic Final Trial Brief, para. 227.1. Overall, the Defense asserted that his testimony was illogical and inconsistent.
1038 - Amended Indictment, para. 37(d), counts 6-7.
1039 - Safet Taci, T.3763-3770; Witness AD, T.3817-3823, 3834-3835, 3869-3871, 3874-3875; Witness V, T.3707-3712; Witness N, T.3898-3890.
1040 - Safet Taci, T.3762-3764.
1041 - Witness AD testified that it was the guards at the camp who set up the table with the machine gun. Witness AD, T.3818-3819.
1042 - Safet Taci, T.3765-3766, 3779; Witness AD, T.3819-3820.
1043 - Witness AD, T.3819.
1044 - Witness AD, T.3821-3823.
1045 - Witness N, T.3899.
1046 - Witness N, T.3921; Witness AD, T.3834.
1047 - Witness AD, T.3875.
1048 - Zoran Zigic, T.9469.
1049 - Soka Sikic, T.9496-9497.
1050 - Miroslav Dzebric, T.10113.
1051 - Exhibit P 3/144a.
1052 - Amended Indictment, para. 41(a), counts 11-13.
1053 - Abdulah Brkic, T.4481.
1054 - Abdulah Brkic, T.4481-4483. The Witness declared that Žigic “was standing up above him but was not taking part in it. He was present but he didn’t beat Fajzo. Duca did that.” T.4483.
1055 - Indictment, para 41(f), counts 11-13; Schedule D, counts 11-13.
1056 - Witness AE, T.4297, 4285.
1057 - Witness AE identified the three other men as Sengin and the Jakupovic brothers. Witness AE, T.4291.
1058 - Witness AE, T.4279-4281.
1059 - Witness AE, T.4291-4292. This was corroborated by Ervin Ramic who testified that it was mostly Zigic who beat the Jakupovic brothers. Ervin Ramic, T.5623.
1060 - Witness AE, T.4287-4288.
1061 - Witness AE, T.4288.
1062 - Witness AE, T.4289-4290.
1063 - Witness AE, T.4288. Ervin Ramic testified that Zigic regularly beat the men from Kozarac detained in room 2, T. 5620.
1064 - Zigic Final Trial Brief, para. 173.3.
1065 - Witness AE, T.4319.
1066 - Expert witness Dr. Mirko Barudzija, T.10894. See also Exhibits D4/24 and D4/27.
1067 - Tadic Trial Chamber Judgement, para. 539; Celebici Trial Chamber Judgement, para. 594; Tadic Appeals Chamber Judgement, para. 64; Aleksovski Appeals Chamber Judgement, paras 62-63.
1068 - Witness AE, T.4309.
1069 - Witness AE, T.4309-4310.
1070 - Witness AE, T.4323-4325.
1071 - Amended Indictment, para. 41(g), counts 11-13.
1072 - Witness N, T.3897-3898.
1073 - Zigic Final Trial Brief, para. 46.6. See also Witness AE, T. 3907.
1074 - Zigic Final Trial Brief, para. 46.10. See also Witness AE, T.3909.
1075 - Schedule D, counts 1-3.
1076 - Schedule D, counts 1-3.
1077 - Witness V, T.3744-3745.
1078 - Witness AD, T.3808.
1079 - Witness AD believes that Zijad Krivdic survived. Witness AD, T.3808-3810.
1080 - Witness V, T.3702-3703.
1081 - He is listed, however, in the Prosecution Final Trial Brief, para. 396.
1082 - Schedule D, counts 1-3.
1083 - Witness AD, T.3796.
1084 - Witness AD, T.3798.
1085 - Zigic Final Trial Brief, para. 45.5.
1086 - Witness AD, T.3848.
1087 - Witness AD, T.3796.
1088 - Zigic Final Trial Brief, para. 45.7.
1089 - Witness AD, T.3831-3832.
1090 - The contradictions alleged relate to an incident concerning Muharem Sivac. Zigic Final Trial Brief, para. 47.9.
1091 - Edin Ganic is listed in Schedule D, counts 1-3. Husein Ganic is not listed.
1092 - Edin Ganic, T.5910.
1093 - Edin Ganic, T.5900-5912.
1094 - Husein Ganic, T.5766.
1095 - Husein Ganic, T.5762-5771; Edin Ganic, T.5915.
1096 - Edin Ganic refers to the murder of Omer Kardzic, T.5920-5921; see also Exhibit 3/144a.
1097 - Edin Ganic, T.5915-5926.
1098 - Edin Ganic, T.5934.
1099 - Edin Ganic, T.5926-5935.
1100 - Zigic Final Trial Brief, paras 226-234.1.
1101 - Edin Ganic said he was born in 1961 and his father certified that his son was born in 1965. Edin Ganic, T.5856; Husein Ganic, T.5752.
1102 - Zigic Final Trial Brief, para. 226.
1103 - Husein Ganic, T. 5777-5778.
1104 - He is listed however in the Prosecution Final Trial Brief, para. 396.
1105 - Hase Icic, T.4643. See also Ervin Ramic, T.5619.
1106 - Witness AD, T.3812-3814.
1107 - Safet Taci, T.3756, 3770.
1108 - Safet Taci, T.3762.
1109 - Safet Taci, T.3731.
1110 - Witness AN, T.4392-4394.
1111 - Witness AN, T.4395.
1112 - Witness AN, T.4396-4397. See also Ervin Ramic, T.5622.
1113 - Defense Brief, para. 152.1.
1114 - Witness AN, T.4393-4394.
1115 - Hase Icic, T.4634, 4648.
1116 - Hase Icic, T.4636.
1117 - Decision on Defence Motions for Acquittal, para. 57.
1118 - Tadic Trial Chamber Judgement, paras 259-260.
1119 - Charges against the other four accused for crimes committed in Trnopolje camp were dismissed by the Decision on Defense Motions for the Judgement of Acquittal.
1120 - Amended Indictment, para. 41(h) (counts 11-13).
1121 - See, e.g., Ervin Ramic, T.5625.
1122 - See also Witness J, T.4787-4788.
1123 - Witness U, T.6235-6236.
1124 - Witness AD, T.3838 and T.3879; Witness V, T.3714; Witness N, T.3900.
1125 - Amended Indictment, para. 41(h), counts 11-13.
1126 - Witness AD, T.3838.
1127 - Witness AD, T.3838. Safet Taci also witnessed Zigic beat and throttle a man who he understood to be Zigic’s “kum, or best man”. Safet Taci, T.3772-3773.
1128 - Witness N, T.3900. See also Witness J, T.4787 and Edin Ganic, T.5893.
1129 - Witness N, T.3900.
1130 - Witness V, T.3714.
1131 - Safet Taci, T.3772-3773.
1132 - Zoran Zigic, T.9466.
1133 - Zigic Final Trial Brief, para. 196.
1134 - Zigic Final Trial Brief, para. 269.1.
1135 - Prosecutor v. Kvocka et al., Decision on Defense Preliminary Motions on the Form of the Indictment, 12 April 1999.
1136 - Schedule D characterized the crimes committed against Witness AE to include, “[c]onfinement in inhumane conditions, Beating with metal rod”. The Trial Chamber determines that such a characterization allows it to consider the elements of torture.
1137 - Prosecution Final Trial Brief, para. 531.
1138 - Prosecution Final Trial Brief, para. 532.
1139 - Prosecution Final Trial Brief, paras 513-517.
1140 - Prosecution Final Trial Brief, paras 515-516.
1141 - Prosecution Final Trial Brief, para. 521.
1142 - Prosecution Final Trial Brief, paras 522 et seq.
1143 - Prosecution Final Trial Brief, paras 528 et seq.
1144 - Kvocka Final Trial Brief, para. 311.
1145 - Kvocka Final Trial Brief, para. 314.
1146 - Prcac Final Trial Brief, para. 497.
1147 - Radic Final Trial Brief, paras 311-315.
1148 - Radic Final Trial Brief, para. 316.
1149 - Radic Final Trial Brief, para. 317.
1150 - Kos Final Trial Brief, pp 144-151.
1151 - Zigic Final Trial Brief, para. 241.2.
1152 - Zigic Final Trial Brief, para. 241.3.
1153 - Zigic Final Trial Brief, paras 241.4, 242.7. The expert submits that Zigic lost a finger and was not able to play guitar anymore which caused loss in self-esteem.
1154 - Zigic Final Trial Brief, paras 278 et seq.
1155 - The ICTR adopts, mutatis mutandis, a similar position. See Erdemovic Trial Chamber Judgement, para. 40; Kambanda Trial Chamber Judgement, para. 23; Furundzija Trial Chamber Judgement, para. 285; Aleksovski Trial Chamber Judgement, para. 242; Akayesu Sentencing Decision, paras. 12-14; Kayishema Trial Chamber Judgement, paras 5-7 of Section “Sentence”.
1156 - See e.g., Kunarac Trial Chamber Judgement, paras. 836 et seq.; Kordic Trial Chamber Judgement, para. 847.
1157 - See Chapter XVI of the Criminal Code of the former Yugoslavia "Crimes Against Humanity and International Law: Articles 141 and 142(1) dealt with the crimes of genocide and other war crimes committed against civilians. See also Articles 142-156 and Articles 38 "Imprisonment", 41 "Sentences", and 48 "Coincidence of several offences." Crimes against peace and international law, including the crime of genocide and war crimes against a civilian population, were punishable by a sentence of 5-15 years in prison, by the death penalty or by 20 years in prison if a prison sentence was substituted for the death penalty.
1158 - Article 41(1) of the Criminal Code of the SFRY states (in translation): "The court shall determine the sentence for the perpetrator of a given crime within the limits prescribed by the law for this crime, bearing in mind the purpose of the punishment and taking into account all the circumstances that could lead to this sentence being more or less severe, in particular: the degree of criminal responsibility, the motives of the crime, the degree of the threat or damage to protected property, the circumstances under which the crime was committed, the background of the perpetrator, his personal circumstances and behaviour after the commission of the crime as well as other circumstances which relate to the character of the perpetrator”.
1159 - Prosecution Final Trial Brief, para. 510.
1160 - Kordic Trial Chamber Judgement, para. 849.
1161 - The Trial Chamber in the Celebici case stated that the gravity of the offence was “[b]y far the most important consideration, which may be regarded as the litmus test for the appropriate sentence”, Celebici Trial Chamber Judgement, para. 1225.
1162 - Celebici Appeals Chamber Judgement, para. 741.
1163 - Tadic Appeals Sentencing Judgement III, para. 69.
1164 - Celebici Trial Chamber Judgement, para. 1226, Erdemovic Appeals Sentencing Judgement, para. 15; Kambanda Trial Chamber Judgement, para. 42; Kayishema Trial Chamber Judgement, para. 26; Kordic Trial Chamber Judgement, para. 852.
1165 - Celebici Trial Chamber Judgement, para. 1268.
1166 - Jelisic Trial Chamber Judgement, para. 132.
1167 - Kayishema Sentencing Judgement, para. 18; Blaskic Trial Chamber Judgement, para. 787; Kordic Trial Chamber Judgement, para. 852.
1168 - Krstic Trial Chamber Judgement, para. 702.
1169 - Kunarac Trial Chamber Judgement, which refers to the fact that some crimes stretch over a long period or are committed repeatedly, are aggravating circumstances, para. 865.
1170 - Tadic Trial Chamber Judgement; the Celebici Trial Chamber Judgement, paras. 1226, 1260, 1273; Furundzija Trial Chamber Judgement, paras. 281 et seq; and Blaskic Trial Chamber Judgement, para. 787.
1171 - Krstic Trial Chamber Judgement, para. 704.
1172 - Blaskic Trial Chamber Judgement, paras 779 and 780.
1173 - Kunarac Trial Chamber Judgement, para. 868.
1174 - Jelisic Trial Chamber Judgement, para. 124, Furundzija Trial Chamber Judgement, para. 284.
1175 - Krstic Trial Chamber Judgement, paras 705 et seq ; see also Celebici Appeals Chamber Judgement, para. 847.
1176 - Krstic Trial Chamber Judgement, paras 713 et seq; Kos Final Trial Brief, p 150, citing the Kunarac Trial Chamber Judgement, para. 847.
1177 - Kos Final Trial Brief, p 150, citing the Kunarac Trial Chamber Judgement, para. 847.
1178 - Celebici Appeals Chamber Judgement, para. 763.
1179 - Celebici Appeals Chamber Judgement, para. 588, citing criminal and procedural codes of several national jurisdictions.
1180 - Todorovic Trial Chamber Judgement, 98: “The fact that Stevan Todorovic was drinking at the time of the offences will not be accepted as a mitigating factor”.
1181 - Kolundzija was “a shift leader at the Keraterm Camp for a portion of the time relevant to the Indictment”. Before becoming a shift leader, he was a guard at the camp. He was “in a position to influence the day-to-day running of the Keraterm Camp when he was on duty. He had some control over other guards on his shift and could make life more bearable for detainees if he chose to do so.”Significantly, the agreement states that “there is no evidence that the accused personally mistreated or condoned the mistreatment of detainees by others.” Indeed, “he frequently prevented guards on his shift from mistreating detainees, and “he also prevented visitors to the Keraterm Camp from abusing the prisoners with varying degrees of success.” The Plea Agreement recommends between 3-5 years imprisonment. Dosen “exercised some authority in the Keraterm Camp as a Shift Leader. . . . The accused had no role in the effective administration of Keraterm.” He was in Keraterm from 3 June to early August 1992. Further “The accused did not hold any rank and was of the same seniority as the guards on his shift.” The agreement notes that there is “evidence that when aware that beatings were about to take place, the accused attempted to prevent mistreatment of the detainees” and that he at times asserted “his influence to improve conditions and that he assisted a number of detainees to receive food and medical treatment.” The Plea Agreement recommends that he receive between 5-7 years imprisonment. Prosecutor v. Dusko Sikirica et al., Case No. IT-95-8-T, Joint Submission of the Prosecution and the Accused Dragan Kolundzija of a Plea Agreement, 30 August 2001, para. 3; Prosecutor v. Dusko Sikirica et al., Case No. IT-95-8-T, Joint Submission of the Prosecution and the Accused Damir Dosen and Admitted Facts, 6 September 2001, para. 15(a).
1182 - Prosecutor v. Dusko Sikirica et al., Case No. IT-95-8-T, Joint Submission of the Prosecution and the Accused Duško Sikirica and Admitted Facts, 6 September 2001, para. 10.
1183 - Rule 101 (C).
1184 - Rule 101 (C).
1185 - Rule 101 (C).
1186 - As with Kvocka, Radic agreed to be interviewed by the Office of the Prosecutor and gave testimony in Court.
1187 - Zigic was in Bosnian Serb custody from 1996 until April 1998. This time should not be deducted, as it was served as punishment for another crime.
1188 - Generally, the Trial Chamber allocated the first two weeks of each month to the Kvocka case.
1189 - IT/73/Rev.8.
1190 - Decision on the Defense of Alibi for the Accused Zigic, 21 July 2000.
1191 - Decision on Defense Motion to Obtain the Assignment of Experts for the Accused Miroslav Kvocka, 12 May 2000; Decision on Defense Request for Assignment of Experts for the Accused Dragoljub Prcac, 18 May 2000; Decision on Defense Request for Assignment of Medical and Psychiatric Experts for the Accused Zoran Zigic, 21 June 2000.
1192 - Decision on motion for provisional release of Milojica Kos, 29 January 2000; Decision on motion for provisional release of Miroslav Kvocka, 2 February 2000.
1193 - Status Conference of 24 February 2000, T. 562-563.
1194 - Decision on Prosecution Request for Leave to File a Consolidated Indictment and to Correct Confidential Schedules, 13 October 2000.
1195 - Decision on Zoran Zigic's Motion for Rescinding Confidentiality of Schedules Attached to the Indictment, 22 February 2001.
1196 - The Parties agreed to follow the practice at the status conference of 14 June 2000. This was recalled at the status conference of 4 July 2000, T, 3524.
1197 - Decision on Application for Leave to Appeal, 10 October 2000, IT-98-30/1-AR73.
1198 - Decision on the Request to the Trial Chamber to Issue a Decision on Use of Rule 90H, 11 January 2001.
1199 - Status Conference of 4 July 2000, T. 3524.
1200 - The Trial Chamber orally granted most of the protective measures.
1201 - Decision on Prosecution Notice of Affidavit Evidence, 30 October 2000; Decision on the prosecution motion to file affidavit evidence, 14 December 2000.
1202 - Some decisions regarding status of exhibits were taken: Decision on the Motion for Confirmation and Clarification of Status of Prosecution Exhibits, 14 December 2000; Decision on Defense Motion to Introduce Exhibit Evidence, 17 April 2001.
1203 - Decision on Defense Request for Release of Confidential Material, 3 October 2000.
1204 - Oral Decision of 4 July 2000, T. 3520-3523.
1205 - Oral Decision of 4 July 2000, T. 3520-3523.
1206 - The Trial Chamber rejected Zigic’s Motion for Leave to Enter an Interlocutory Appeal from the Decision: Decision on Motion of the Accused Zoran Zigic for Leave to Appeal, 27 October 2000, IT-98-30/1-AR73.2.
1207 - T. 5793.
1208 - T. 5810.
1209 - Decision on Zoran Zigic's Motion for Delivery of Hand-written Documents, 12 March 2001.
1210 - The list of the victims features in confidential annex 1 of the Decision on Defense Motions for Acquittal, 14 December 2000.
1211 - The list of the victims features in confidential annex 3 of the Decision on Defense Motion for Acquittal and relates only to Zigic, Decision on Defense Motion for Acquittal, 14 December 2000.
1212 - Decision on Interlocutory Appeal by the Accused Zoran Zigic Against the Decision of Trial Chamber I dated 5 December 2000, 25 May 2001, IT-98-30/1-AR73.5.