The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the Tribunal charges:
- MITAR RASEVIC, son of Dordje, was born on 15 November 1949, in the
village of Cagust in the municipality of Foca. He was a teacher of sociology
and resided in Foca. Before, during and after the war, MITAR RASEVIC was
the commander of the guards at the Foca Kazneno-Popravni Dom (KP Dom).
INDIVIDUAL CRIMINAL RESPONSIBILITY
Article 7(1) of the Statute of the Tribunal
- MITAR RASEVIC is individually criminally responsible for the
crimes referred to in Articles 3 and 5 of the Statute of the Tribunal and
described in this indictment. The Accused planned, instigated, ordered, committed
or otherwise aided and abetted in the planning, preparation or execution of
any acts or omissions set forth below. By using the word "committed" in this
indictment, the Prosecutor does not intend to suggest that the Accused physically
committed all of the crimes charged personally. Physical commitment
is pleaded only in relation to the charges of persecutions (Count 1) by prolonged
and routine imprisonment and confinement (paragraph 17 (a)), establishment
and perpetuation of inhumane conditions (paragraph 17 (b)), prolonged and
frequent forced labour (paragraph 17 (e)) and deportation and forcible transfer
(paragraph 17 (f); imprisonment (Count 8), inhumane acts (Count 9), cruel
treatment (Count 10); enslavement (Count 11), and slavery (Count 12). "Committing"
in this indictment includes the Accused’s participation in a joint criminal
enterprise as a co-perpetrator or alternatively as an aider or abettor.
- MITAR RASEVIC participated in a joint criminal enterprise that came
into existence no later than April 1992 and continued until at least October
1994. The purpose of the joint criminal enterprise was to imprison Muslim
and other non-Serb civilians from Foca and the surrounding areas in inhumane
conditions and subject them to beatings, torture, enslavement, deportations
and forcible transfers. The methods and conduct of the joint criminal enterprise
developed during the course of its existence. The enslavement of detainees
described in paragraph 49 of the indictment started only in May 1992. The
systematic killing of detainees described in paragraph 41 of the indictment
took place only in the time period from June to August 1992.
- The crimes enumerated in Counts 1 to 5 and 8 to 12 of this indictment were
within the object of the joint criminal enterprise and MITAR RASEVIC shared
the intent either to perpetrate the particular crimes or to further a common
concerted system of ill-treatment. Counts 6 and 7 were the natural and foreseeable
consequence of the execution of the object of the joint criminal enterprise
and the Accused was aware that such crimes were the possible outcome of the
execution of the joint criminal enterprise.
- Alternatively, the crimes enumerated in Counts 8 to 10 of this indictment
were within the object of the joint criminal enterprise and MITAR RASEVIC
shared the intent either to perpetrate the particular crimes or to further
a common concerted system of ill-treatment. Counts 1 to 7 and 11 to 12 were
the natural and foreseeable consequences of the execution of the object of
the joint criminal enterprise and the Accused was aware that such crimes were
the possible outcome of the execution of the joint criminal enterprise.
- A number of individuals participated in this joint criminal enterprise at
different times during its existence. Each participant or co-perpetrator within
the joint criminal enterprise played his role or roles that significantly
contributed to the overall objective of the enterprise. Individuals participating
in this joint criminal enterprise included Milorad Krnojelac, Savo Todovic
and other known and unknown members of the prison staff, the Yugoslav People’s
Army ("JNA"), the Serb Territorial Defence ("TO"), the Republika Srpska ("RS")
armed forces ("VRS"), the RS police forces, and Serb paramilitary formations.
- MITAR RASEVIC, acting individually or in concert with other members
of the joint criminal enterprise, participated in the joint criminal enterprise
in the following ways:
- As commander of the KP Dom guards, MITAR RASEVIC’s primary duty
was to supervise at least 37 prison guards. He exercised effective control
over the KP Dom guards including preparing the guard duty schedule and work
assignments.
- As part of the senior management of the KP Dom prison and in his capacity
as the guards’ commander, he was instrumental in establishing and maintaining
the living conditions in the detention facility as specified in paragraphs
46 and 47 in the indictment. He communicated with external military and
political authorities, especially with regard to prisoner exchanges.
- He was in charge of the solitary confinement cells and had the power to
release detainees from isolation but, with few exceptions, did not do so.
- He participated in establishing a pattern of widespread mistreatment during
the day-time, including torture and beatings, whereby guards under his command
selected detainees from their cells and took them to interrogation rooms
in which they were subjected to severe mistreatment while being interrogated.
- He participated in establishing a pattern of widespread mistreatment during
the evening whereby guards under his command selected detainees from their
cells and took them to special rooms in the administration building in which
they were subjected to assaults including beatings, torture and killings
by prison guards and by both military and police staff from outside the
prison.
- He participated in establishing and maintaining a system in which guards
beat the detainees even for minor violations of the prison rules and collective
punishment was meted out for actions of individual detainees.
- He encouraged and gave legitimacy to the mistreatment of detainees by
failing to prevent beatings and other inhumane acts that occurred in his
presence.
- He contributed to a climate of fear at the KP Dom by threatening prisoners
with serious bodily harm if they attempted to escape.
- He participated in the establishment of a system of forced labour by either
personally selecting detainees for work and monitoring their assignments
inside and outside the KP Dom or assigning guards to such tasking. To facilitate
forced labour outside the KP Dom, he co-operated with military personnel,
including the hand-over of detainees to them.
- He participated in the forcible transfer and deportation of detainees
from the prison in so-called exchanges by selecting detainees from the KP
Dom for transfer to locations outside of the Foca municipality, such as
Montenegro and Serbia. He was involved in the disappearance of detainees
whereby supposed prisoner exchanges were arranged, but after which these
detainees were never seen alive again.
- MITAR RASEVIC knowingly and wilfully participated in the joint criminal
enterprise as stated above. He shared the intent and state of mind required
for the commission of each of the crimes charged in Counts 1 to 5 and 8 to
12 of the indictment (Category I JCE), or was aware of the existence of a
concerted system of ill-treatment within the KP Dom prison and knowingly and
wilfully furthered this system by his conduct (Category II JCE in relation
to the Counts 1 to 5 and 8 to 12), and in relation to Counts 6 and 7 was aware
of the foreseeable consequences of his actions and the actions of the other
participants (Category III JCE). Alternatively, he shared the intend and state
of mind required for the crimes charged in Counts 8 to 10 (Category I JCE),
or was aware of a concerted system of ill-treatment within the KP Dom prison
and knowingly furthered this system by his conduct (Category II JCE in relation
to the Counts 8 to 10), and in relation to Counts 1 to 7 and 11to 12 was aware
of the foreseeable consequences of his actions and the actions of the other
participants (Category III JCE). On this basis, the Accused bears
individual criminal responsibility for these crimes under Article 7(1) of
the Statute of the Tribunal in addition to his responsibility under that same
Article for having planned, instigated, ordered, physically committed or otherwise
aided and abetted in the planning, preparation and execution of these crimes.
Article 7(3) of the Statute of the Tribunal
- MITAR RASEVIC, while holding the position of commander of the prison
guards is also, or alternatively, criminally responsible as a superior for
the acts of his subordinates pursuant to Article 7(3) of the Statute of the
Tribunal. A superior is responsible for the criminal acts of his subordinates
if he knew or had reason to know that his subordinates were about to commit
such acts or had done so and the superior failed to take necessary and reasonable
measures to prevent such acts or to punish the perpetrators.
THE CHARGES
COUNT 1
(Persecutions)
- From April 1992 until October 1994, MITAR RASEVIC, acting individually
or in concert with other known and unknown members of the joint criminal enterprise,
as specified in paragraph 6 of the indictment, planned, instigated, ordered,
committed or otherwise aided and abetted in the planning, preparation or execution
of the persecution of the Muslim and other non-Serb male detainees at the
KP Dom facility. The particulars of the persecutions are provided in the paragraphs
below.
- Foca city and municipality are located in Bosnia and Herzegovina, southeast
of Sarajevo, near the border of Serbia and Montenegro. According to the 1991
census, the population of Foca, which consisted of 40,513 persons, was 51.6
% Muslim, 45.3% Serbian and 3.1 % others.
- On 7 April 1992, Serb military forces, comprised of JNA, local Serb TO units
and Serb paramilitary soldiers from Bosnia and Herzegovina and elsewhere started
the take-over of Foca town, which was completed on 16 or 17 April 1992. Surrounding
villages remained under siege until mid-July 1992.
- As soon as the Serb forces controlled parts of Foca town, military police,
accompanied by local and non-local soldiers, started arresting Muslim and
other non-Serb inhabitants. Until mid-July 1992, the Serb authorities continued
to round up and arrest Muslim villagers throughout the municipality. The Serb
authorities separated the men from the women and unlawfully confined thousands
of Muslims and other non-Serbs.
- Beginning on or around 14 April 1992, Serb civilian and military authorities
began to use the KP Dom prison as the main detention facility for Muslims
and other non-Serbs. The prison complex was surrounded by a wall of 3 metres
height, with barbed wire on top, and watch towers with machine guns. The inner
periphery was mined. Soldiers and prison guards watched the detainees from
the towers and regularly patrolled the complex. The detainees were housed
in a four-story building which consisted of common prison cells and solitary
confinement cells, 3 x 3 metres in size.
- The detainees were mostly Muslim males. Among the detainees were intellectuals,
doctors, journalists, SDA (Party of Democratic Action) members, and a few
Serbs who had tried to avoid military service. Serb detainees were separated
from the non-Serb detainees and kept under considerably better conditions
than the non-Serb detainees. Because of continuing arrests, the prison was
overcrowded during the first few months, with the number of detainees reaching
a peak of more than 760. During the remainder of 1992, the camp population
averaged about 600 detainees. The majority of detainees were exchanged, released
or disappeared during 1992 and 1993. The KP Dom functioned as a detention
facility until 5 October 1994.
- Most, if not all, detainees were civilians who had not been charged with
any crime. The detainees were primarily Muslim men from 16 to 80 years of
age, including mentally handicapped, physically disabled and seriously ill
persons.
- The persecutions in which MITAR RASEVIC participated were based on
political, racial or religious grounds and included the following:
- the prolonged and routine imprisonment and confinement within the
KP Dom facility of Muslim and other non-Serb male civilian inhabitants of
Foca municipality and its environs;
- the establishment and perpetuation of inhumane conditions against
Muslim and other non-Serb male civilian detainees within the KP Dom detention
facility as specified in paragraphs 46 and 47 of the indictment;
- the repeated torture and beatings of Muslim and other non-Serb
male detainees at KP Dom as specified in paragraphs 20 to 37 of the indictment;
- the numerous killings of Muslim and other non-Serb male civilian
detainees at KP Dom as specified in paragraphs 41 to 43 of the indictment;
- the prolonged and frequent forced labour of Muslim and other non-Serb
male civilian detainees at KP Dom as specified in paragraphs 50 to 54 of
the indictment; and
- the deportation and forcible transfer of Muslim and other non-Serb
civilians detained in the KP Dom detention facility to Montenegro and other
known and unknown places.
(i) Beginning no later than July 1993 and continuing until October 1994,
several groups of detainees were transported to other detention facilities
in Kalinovik, Rudo and Kula. By the end of September 1994, over 85 detainees
had been taken to these detention centres. At least 187 detainees were transferred
in October 1994, after which no detainees remained at the KP Dom. On 4 October
1994, MITAR RASEVIC personally transported 61 detainees to the Kula
detention facility.
(ii) In late August 1992, 35 elderly or ill detainees were deported
by bus from KP Dom to Rozaj in Montenegro. On that same day, about 20 Muslim
detainees, previously selected with the 35 detainees to be deported to Montenegro,
were taken for an alleged exchange in Gorazde. These detainees have never
been seen alive again.
(iii) On or about 17 September 1992, between 35 and 60 detainees were
taken out of the prison for the alleged purpose of picking plums. They did
not return.
(iv) From June 1992 until March 1993, at least 200 Muslims and other
non-Serbs detained in the KP Dom were deported and transferred in so-called
exchanges to unknown places. These detainees have never been seen alive
again. The majority of these disappearances occurred from August 1992 to
October 1992.
- By these acts and omissions, MITAR RASEVIC committed:
Count 1: Persecutions on political, racial and religious grounds,
a CRIME AGAINST HUMANITY, punishable under Article 5(h), Article 7(1)
and Article 7(3) of the Statute of the Tribunal.
COUNTS 2 to 5
(Torture and Beatings)
- From April 1992 until October 1994, MITAR RASEVIC, acting individually
or in concert with other known and unknown members of the joint criminal enterprise
as specified in paragraph 6 of the indictment planned, instigated, ordered,
committed or otherwise aided and abetted in the planning, preparation or execution
of torture and beatings against Muslim and other non-Serb male detainees at
the KP Dom facility. The particulars of the beatings and torture are provided
in the paragraphs below.
Beatings Associated with the Canteen
- On an unknown date in June 1992, the detainee E. G., who was disabled in
one arm and leg, and also suffered from epilepsy, complained about the small
food rations. As a result, he was beaten and kicked by three unidentified
guards.
- On an unknown date at the end of October or beginning of November 1992,
in the presence of unidentified guards, unidentified soldiers from Nevisenje
assaulted detainees FWS-214 and FWS-113 when they left the canteen.
Arbitrary Beatings
- During their confinement, the detainees were subjected to sudden arbitrary
beatings by guards or soldiers from outside KP Dom for unknown reasons. These
beatings usually occurred during the evenings and nights when local military
and paramilitary staff came to the prison. The prison guards led the soldiers
to the various cells to select detainees for beatings. These beatings are
described in paragraphs 23 and 24 and attached Schedule A.
- On 10 June 1992, the detainee Z. B. was beaten severely by a KP Dom guard.
After the beating, the detainee was locked in a solitary confinement cell
for about one month in inhumane conditions. Due to the beating and the mistreatment,
Z. B. became deaf.
- On 11 July 1992, two guards called out the detainee FWS-71 from his cell,
took him to the solitary confinement cells in the detainees’ building and
beat him with various objects for about 20 minutes until he fainted. When
he regained consciousness in his cell, he had bruises all over his body.
Torture and Beatings as Punishment
- The detainee FWS-54 was in charge of distributing food to the detainees.
While giving him this task, Savo Todovic warned him not to give any extra
food to detainees. On 8 August 1992, FWS-54 gave an extra slice of bread to
a detainee. As punishment, the witness was kicked and beaten with a truncheon
by a guard and locked in solitary confinement. MITAR RASEVIC released
FWS-54 after four days.
- On an unknown date during the summer of 1992, detainees A. M., F. M. and
S., who passed messages to one another, were beaten by the guard Dragomir
Obrenovic (a.k.a "Dragan" or "Obren") as punishment.
- On an unknown date in April or May 1993, at approximately 6:00 in the morning,
guards Dragomir Obrenovic and Zoran Matovic called out detainees FWS-71, FWS-76,
and I.I. and D.C. from their rooms and led them to the solitary confinement
cells in the prisoners’ quarters. In the corridor, these guards beat the detainees
as punishment for stealing bread from the canteen the previous day.
- On 8 July 1993, E. Z., a Muslim detainee, attempted to escape from the KP
Dom, but was re-captured that same day. Upon being returned to the KP Dom,
he was severely beaten by a prison guard. He was confined in an isolation
cell for 28 days during which time he was mistreated and beaten by Savo Todovic,
the deputy warden, and other guards.
- On 8 July 1993, FWS-73, FWS-110, FWS-144, FWS-210 and approximately 10 other
detainees, all work companions of E. Z. and the detainee in charge of E. Z.’s
room, were taken to the administration building and severely beaten
by about 10 members of the prison staff. FWS-73 was beaten and kicked in his
lower abdominal region for approximately five minutes. FWS-110 was kicked
so severely that he lost consciousness. As further punishment, FWS-73, FWS-110,
FWS-144, FWS-210, and other unidentified detainees were locked in solitary
confinement for various time periods lasting up to 15 days.
Torture and Beatings During Interrogations
- Local and military police, in concert with the prison authorities, interrogated
the detainees after their arrival at the KP Dom. The interrogations focused
on whether the detainee was an SDA member, possessed weapons, or had fought
against the Serb forces. During or after the interrogations, the guards and
police officials often beat the detainees.
- On 24 May 1992, military police arrested FWS-03 and H.D., both members of
the SDA, and their neighbour, H. S., and took them all to KP Dom. On the same
day, 5 or 6 military policemen interrogated them at KP Dom. The policemen
beat all three of them during the interrogation to force them to give a confession.
The beatings were so severe that H. S. fainted twice.
- From April until July 1992, MITAR RASEVIC with other high-level prison
staff at the KP Dom established a daily routine for these beatings. They prepared
lists of detainees to be beaten especially during night-time interrogations.
The selected detainees were mostly prominent inhabitants of Foca who were
suspected of not having told the truth during the daytime interrogations.
- On most evenings during this time, guards called out the names of detainees
from the lists, took them out of their rooms to the administration building
for additional interrogations and beatings.
- The guards and soldiers assaulted the detainees with all sorts of weapons,
including batons, rifle butts, knives and tools. Some of the detainees returned
to their rooms severely injured. Certain detainees were selected for beatings
several times. A substantial number of the selected detainees never returned
from the beatings and are still missing. These incidents are further described
in paragraphs 35 to 37 and attached Schedule B.
- In June or July 1992, KP Dom guards seriously tortured Zulfo Veiz, a former
policeman, and Nurko Nisic, a former officer from the municipality administration
and an SDA member, on at least two occasions. In addition, KP Dom guards severely
beat Salem Bico, a former policemen. The three detainees were returned to
their cells bruised, bloody and seriously injured.
- In June 1992, KP Dom guards tortured and beat detainee S. M., having mistaken
him for another detainee whose name appeared on the list of detainees who
had been selected for interrogation and torture. The perpetrators beat and
cut S. M. with a knife. They threatened to take out his eye. While he was
being beaten, MITAR RASEVIC appeared, discovered the mistake, and ordered
the guards to stop beating S. M. The victim was returned to his cell, seriously
injured and covered in blood.
- Between May and July 1992, on at least two occasions, the KP Dom guards
and military policemen tortured and beat detainee A. S.. As a result of
the torture, A. S. suffered three broken ribs. In addition, KP Dom guards
and military policemen severely beat the detainees Vahida Dzemal, a former
policeman, Enes Uzunovic, an SDA member, and E. C. Due to the severity of
the beatings, Vahida Dzemal’s jaw was broken and he lost several teeth. Three
fingers of E. C.’s hand were broken and his body was bruised. After the beatings
the victims were kept in solitary confinement for several days and then returned
to their cells severely injured. Enes Uzunovic and Vahida Dzemal later were
killed as described in paragraphs 41 to 43.
- By the acts or omissions described in paragraphs 25 to 37, MITAR RASEVIC
committed:
Count 2: Torture, a CRIME AGAINST HUMANITY, punishable under
Article 5 (f), Article 7(1) and Article 7(3) of the Statute of the Tribunal.
Count 3: Torture, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
as recognised by Article 3(1)(a) of the Geneva Conventions of 1949, punishable
under Article 3, Article 7(1) and Article 7(3) of the Statute of the Tribunal.
- By the acts or omissions described in paragraphs 20 to 37, MITAR RASEVIC
committed:
Count 4: Inhumane Acts, a CRIME AGAINST HUMANITY, punishable
under Article 5(i), Article 7(1) and Article 7(3) of the Statute of the Tribunal.
Count 5: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, as recognised by Article 3(1)(a) of the Geneva Conventions of
1949, punishable under Article 3, Article 7(1) and Article 7 (3) of the Statute
of the Tribunal.
COUNTS 6 and 7
(Wilful Killings and Murder)
- From April 1992 until October 1994, MITAR RASEVIC, acting individually
or in concert with other known and unknown members of the joint criminal enterprise,
as specified in paragraph 6 of the indictment, planned, instigated, ordered,
committed or otherwise aided and abetted in the planning, preparation or execution
of wilful killings and murder of Muslim and other non-Serb male detainees
at the KP Dom facility. The particulars of the wilful killings and murder
are provided in the paragraphs below.
- Between June and August 1992, KP Dom guards selected groups of detainees
according to lists provided by the prison authorities including MITAR RASEVIC,
and took the detainees, one by one, into a room in the administration building.
In this room, the guards and soldiers, including members of the military police,
would often chain a detainee, with his arms and legs spread, before beating
him. The guards and soldiers, including members of the military police, kicked
and beat each detainee with rubber batons, axe-handles and fists. During the
beatings, the guards and soldiers, including members of the military police,
asked the detainees where they had hidden their weapons or about their knowledge
of other persons.
- After some of the beatings, the guards threw the detainees on blankets,
wrapped them up and dragged them out of the administration building.
- An unknown number of the tortured and beaten detainees died during these
incidents. Some of those still alive after the beatings were shot or died
from their injuries in the solitary confinement cells. The beatings and torture
resulted in the deaths of the detainees listed in attached Schedule C,
as well as the deaths of an unknown number of other unidentified detainees.
- By these acts or omissions, MITAR RASEVIC committed:
Count 6: Murder, a CRIME AGAINST HUMANITY, punishable under
Article 5 (a), Article 7(1) and Article 7(3) of the Statute of the Tribunal.
Count 7: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
recognised by Article 3(1)(a) of the Geneva Conventions of 1949, punishable
under Article 3, Article 7(1) and Article 7(3) of the Statute of the Tribunal.
COUNTS 8 to 10
(Imprisonment, Inhumane Acts and Cruel Treatment)
- From April 1992 until October 1994, MITAR RASEVIC, acting individually
or in concert with other known and unknown members of the joint criminal enterprise
as specified in paragraph 6 of the indictment, planned, instigated, ordered,
committed or otherwise aided and abetted in the planning, preparation or execution
of imprisonment of Muslim and other non-Serb male detainees under inhumane
conditions at the KP Dom facility. The particulars of the imprisonment, inhumane
acts and cruel treatment are provided in the paragraphs below.
- The conditions in the KP Dom were brutal. During their confinement, the
detainees were locked in their cells at all times except when they were lined
up and taken to the canteen to eat or to work duties. After April 1992, the
cells were overcrowded, with insufficient facilities for bedding and personal
hygiene. The detainees were fed starvation rations. They had no change of
clothes. During the winter, they had no heating. They received no proper medical
care. As a result of the living conditions in the KP Dom, the health of many
detainees seriously deteriorated. Due to the lack of proper medical treatment,
a 40-year old detainee, Enes Hadzic, died in April or May 1992 from a perforated
ulcer. Additional incidents are described in the attached Schedule D.
- The sounds of torture, beatings and killings, as specified in paragraphs
20 to 43 of this indictment, were audible to the detainees. The solitary confinement
cells were used as a source of terror and threats. As a result, the detainees
lived in constant fear that they would be the next victims. Due to this psychological
pressure, some of the detainees became suicidal, while others simply became
indifferent as to what would happen to them. Most, if not all of the detainees,
suffered from depression and still bear the physical and psychological wounds
resulting from their confinement at KP Dom. These incidents are described
in the attached Schedule D.
- By these acts and omissions MITAR RASEVIC committed:
Count 8: Imprisonment, a CRIME AGAINST HUMANITY, punishable
under Article 5 (e), Article 7(1) and Article 7(3) of the Statute of the Tribunal.
Count 9: Inhumane Acts, a CRIME AGAINST HUMANITY, punishable
under Article 5(i), Article 7(1) and Article 7(3) of the Statute of the Tribunal.
Count 10: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF
WAR, as recognised by Article 3(1)(a) of the Geneva Conventions
of 1949, punishable under Article 3, Article 7(1) and Article 7(3) of the
Statute of the Tribunal.
COUNTS 11 to 12
(Enslavement)
- From May 1992 until October 1994, MITAR RASEVIC, acting individually
or in concert with other known and unknown members of the joint criminal enterprise
as specified in paragraph 6 of the indictment, planned, instigated, ordered,
committed or otherwise aided and abetted in the planning, preparation or execution
of enslavement of Muslim and other non-Serb male detainees at the KP Dom facility.
The particulars of the enslavement are provided in the paragraphs below.
- From May 1992 until October 1994, approximately 20 to 45 detainees with
special skills were subjected to forced labour within and outside of the prison.
High-level prison staff at the KP Dom, including MITAR RASEVIC, assigned
detainees to perform particular work. The names of detainees subjected to
forced labour are provided in attached Schedule E.
- The guards called out selected detainees from their cells and either took
them to their place of work or handed them over to authorities outside the
prison hierarchy to perform various work. The detainees were usually forced
to work on a daily basis from 7 a.m. to at least 3 or 4 p.m. The detainees
were not paid for their work nor was it voluntary. Even ill or injured detainees
were forced to work. During their work, the detainees were under armed supervision
either by the regular prison guards or by Serb soldiers.
- Within the prison, the detainees had to work in the furniture factory and
the metal and mechanical workshop. In the workshop, the detainees had to repair
army vehicles. The labour performed by the detainees was challenging and physically
exhausting.
- Outside the prison, the detainees were forced to perform farming jobs at
the prison outpost Brioni, to work in mills and the Miljevina mine, and to
clean up rubble of damaged buildings at various places in Foca. MITAR RASEVIC
was present while detainees were performing forced labour at the farm.
During the winter of 1992 to 1993, detainees were forced to repair the private
house of Milorad Krnojelac, the warden of the KP Dom, to install a
bar in the house of one of his sons, and to furnish a store for one of his
sons.
- On 18 September 1992, detainees FWS-109 and G. K. were called out by a KP
Dom guard for a supposed prisoner exchange. Instead, Savo Todovic handed the
two detainees over to military authorities from outside the prison who took
them to the Kalimovik police station to be used as drivers for the detection
of land mines. Between September 1992 and March 1993, on at least 5 occasions,
they had to drive ahead of Serb convoys to detect land mines. The detainees
worked under severe pressure with the danger that every day at work would
be their last.
- By these acts or omissions, MITAR RASEVIC committed:
Count 11: Enslavement, a CRIME AGAINST HUMANITY, punishable
under Article 5 (c), Article 7(1) and Article 7 (3) of the Statute of the
Tribunal.
Count 12: Slavery, a VIOLATION OF THE LAWS OR CUSTOMS OF
WAR, as recognised under the Slavery Convention and International Customary
Law, punishable under Article 3, Article 7(1) and Article 7 (3) of the Statute
of the Tribunal.
GENERAL LEGAL ALLEGATIONS
- At all times relevant to this indictment, a state of armed conflict existed
in the Republic of Bosnia-Herzegovina in the territory of the former Yugoslavia.
- At all times relevant to this indictment, MITAR RASEVIC was required
to abide by the laws or customs governing the conduct of war.
- In each count charging crimes against humanity, the acts or omissions were
part of a widespread or systematic attack against a civilian population, specifically
the Muslim and Croat population of the municipality of Foca.