Case No. IT-00-41-PT
The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia (hereinafter "the Statute of the Tribunal"), charges:
- PASKO LJUBICIC, a.k.a. Toni Raic, father of Bono, was born
on 15 November 1965 in the village of Nezirovici, municipality of Busovaca,
Bosnia and Herzegovina. His personal identification number ("JMB") is 1511965450104.
- PASKO LJUBICIC served within the Military Police of the Croatian
Defence Council ("HVO") throughout the relevant time periods of the indictment.
- PASKO LJUBICIC joined the Military Police as commander of the First
Company of the Active Battalion of the HVO Military Police ("First Company")
stationed in Central Bosnia in June 1992. Thereafter, an HVO Military Police
Battalion was established within the Central Bosnia Operative Zone ("CBOZ")
which included, inter alia, the municipalities of Vitez and Busovaca.
In January 1993, the First Company became part of the 4th Military Police
Battalion and PASKO LJUBICIC became the commander of the 4th Military
Police Battalion. He remained in this position until 1 July 1993 when he was
replaced temporarily by Vlado Santic. Thereafter, PASKO LJUBICIC became
an Assistant Chief of Military Police Administration for the CBOZ and in that
capacity was in charge of combining military police activities and tasks of
the light assault battalions and the Military Police battalions in the CBOZ.
He commanded these entities until November 1993 when the accused left Central
Bosnia and became the Deputy Chief of the Military Police Administration in
Mostar.
INDIVIDUAL CRIMINAL RESPONSIBILITY
- From January 1993, PASKO LJUBICIC was the highest-ranking member
of all HVO Military Police units in the CBOZ. In this capacity, he exercised
both formal and de facto command and control over members of the First
Company and, later, the 4th Military Police Battalion.
- In his position as commander of the First Company and the 4th Military Police
Battalion, PASKO LJUBICIC was obligated to implement the decisions
and carry out the orders of superior commanders.
- In his capacities as a commander of both the First Company, and later, as
commander of the 4th Military Police Battalion, and as Assistant Chief of
Military Police Administration for the CBOZ, PASKO LJUBICIC had the
authority to discipline and punish subordinates who committed breaches of
military discipline, including all illegal acts damaging to the reputation
of the Armed Forces. In respect of his subordinates who committed illegal
acts, including violations of international humanitarian law, PASKO LJUBICIC
also had the authority to initiate military disciplinary proceedings against
them and had the authority to refer matters to an authorized military prosecutor
for investigation and prosecution.
GENERAL ALLEGATIONS
- At all times relevant to this indictment, a state of armed conflict existed
on the territory of the Republic of Bosnia and Herzegovina.
- In each paragraph charging crimes against humanity, the alleged acts or
omissions were part of a widespread or systematic attack directed against
a civilian population, specifically the Bosnian Muslim population of the towns,
villages and hamlets in the municipalities of Vitez and Busovaca all in the
Republic of Bosnia and Herzegovina.
- PASKO LJUBICIC was required to abide by the mandate of the laws and
customs of war including the Geneva Conventions of 1949 and the additional
protocols thereto.
- PASKO LJUBICIC is responsible for the crimes charged against him
in this indictment, pursuant to Article 7 (1) of the Statute of the Tribunal.
This criminal responsibility includes the planning, instigating, ordering,
committing, or otherwise aiding and abetting in the planning, preparation,
or execution of any of the acts or omissions set forth above.
- PASKO LJUBICIC is criminally responsible as a superior for the acts
of his subordinates, pursuant to Article 7 (3) of the Statute of the Tribunal.
This criminal responsibility involves the responsibility of a superior officer
for the acts of his subordinate if the superior knew or had reason to know
that his subordinate was about to commit such acts or had done so and the
superior failed to take necessary and reasonable measures to prevent such
further acts or to punish the perpetrators thereof.
- The general allegations contained in paragraphs 7 through 11 of this indictment
are re-alleged and incorporated into each of the related counts of the indictment.
ADDITIONAL FACTS
- From May 1992 to July 1993, members of the armed forces of the Croatian
Defense Council ("HVO") of the Croatian Community of Herceg-Bosna ("HZ H-B")
and its agents committed serious violations of international humanitarian
law against the Bosnian Muslim civilian population in the towns, villages
and hamlets of Central Bosnia including, but not limited to, the municipalities
of Vitez and Busovaca all in the territory of the Republic of Bosnia and Herzegovina.
- The HVO was established on 8 April 1992. On 10 April 1992, the Military
Police of the HVO was established.
- In May 1992, HVO Military Police commands were established within each Military
Operative Zone within the HZ H-B.
- The 4th Military Police Battalion operated within the CBOZ, an area that,
by the end of 1992, consisted of the following municipalities: Vitez, Busovaca,
Travnik, Novi Travnik, Zenica, Kiseljak, Vares, Kresevo, Fojnica, Kakanj,
Zepce, Zaviovici, Teslic, Tesanj and Maglaj. Members of the 4th Military Police
Battalion were stationed in each of these municipalities. By the end of 1992,
the numerical strength of the Military Police within the CBOZ was approximately
600.
- The 4th Military Police Battalion was organized into subordinate formations
called companies and platoons and is represented in Diagram 1, attached.
- In late January and early February 1993, a formation called Anti-Terrorist
Group was established within the 4th Military Police Battalion. This formation
was also known as the "Jokers" and was based at the "bungalow" in the village
of Nadioci in the municipality of Vitez.
CHARGES
COUNT 1
PERSECUTIONS
- Between January 1993 and July 1993, PASKO LJUBICIC individually and
in concert with members of the 4th Military Police Battalion who were under
his command and control, and with other members of the HVO, planned, instigated,
ordered, committed or otherwise aided and abetted in the planning, preparation,
or execution of a crime against humanity by persecuting Bosnian Muslims on
political, racial, or religious grounds, in the towns and villages in the
municipalities of Vitez and Busovaca identified in paragraphs 22 to 28 below.
- Between January 1993 and July 1993, PASKO LJUBICIC individually and
in concert with members of the 4th Military Police Battalion who were under
his command and control, and with other members of the HVO, perpetrated these
persecutions in the following ways:
Attacks on Towns and Villages:
- Persecutions were perpetrated by the widespread or systematic attack on
towns and villages, inhabited by Bosnian Muslims, in the municipalities of
Vitez and Busovaca. These attacks include attacks on the towns and villages
identified in paragraphs 22 through 28:
- The town of Busovaca: In the early morning of 25 January 1993, members of
the Nikola Subic Zrinski Brigade (the HVO brigade in the Busovaca municipality),
and 4th Military Police Battalion members, working in concert, attacked the
Muslim part of Busovaca and the environs. PASKO LJUBICIC and his subordinates
directly participated the attack on Busovaca. The attack resulted in the death
of 27 Bosnian Muslims and the destruction and looting of Bosnian Muslim businesses,
which looting was authorized by PASKO LJUBICIC. HVO soldiers and 4th
Military Police Battalion policemen arrested Bosnian Muslim men from Busovaca
and the environs and transported them to the Detention Centre in Kaonik. At
one point, the number of men detained at the Detention Centre was approximately
500. In co-ordination with command of HVO and the Nikola Subic Zrinski Brigade,
these detainees were transported from the Detention Centre to front line positions
by members of the 4th Military Police Battalion to partake in forced labour
such as trench digging.
- The town of Vitez: On the morning of 16 April 1993, Bosnian Muslim villages
and towns in the Lasva Valley, including the town of Vitez, were attacked
by the HVO in a co-ordinated offensive operation. The attacking units included
the 4th Military Police Battalion. PASKO LJUBICIC participated in the
planning of this co-ordinated offensive operation. The planning occurred on
15 and 16 April 1993 at the Hotel Vitez in the town of Vitez and at the "bungalow"
in the village of Nadioici and elsewhere. During and immediately after
the attack on Vitez, Bosnian Muslim civilians were killed, their properties
damaged, destroyed and looted, and Bosnian Muslim men and boys were arrested
by members of the 4th Military Police Battalion and transported to various
detention facilities described in this indictment. At some of these locations,
4th Military Battalion members kept them under armed guard and from these
locations, 4th Military Battalion members, with the knowledge of and under
orders from PASKO LJUBICIC, transported detainees to front line positions
to engage in trench digging and other forms of forced labour.
- The villages of Ahmici, Nadioci, Pirici, and Santici: In the early morning
hours of 16 April 1993, the aforesaid villages were attacked by HVO army units
working in conjunction with the 4th Military Police Battalion. Prior to the
attack on Ahmici, Nadioci, Pirici and Santici, PASKO LJUBICIC, who
had participated in the planning of this military operation, conveyed
orders to his subordinates that all Muslims of military age should be killed
and the civilians expelled. PASKO LJUBICIC directly participated in
the attack on Ahmici. All Bosnian Muslim homes in village of Ahmici were completely
destroyed and both mosques were blown up. Over 100 civilians were killed (a
partial list of the victims is found in Schedule A, attached) and all Bosnian
Muslim residents were expelled from the village.
- The village of Donja Veceriska: This village is a short distance from the
town of Vitez. On the morning of 16 April 1993, it was attacked by the HVO.
Many Bosnian Muslim houses were damaged and destroyed during this attack and
the Bosnian Muslim population was expelled. PASKO LJUBICIC participated
in the planning of the co-ordinated offensive operation that included the
attack on this village.
- The village of Loncari: The village of Loncari is in the municipality of
Busovaca, but only a short distance from the village of Ahmici. On 16 April
1993, HVO soldiers arrived in the village, detained Bosnian Muslim men and
transported them to the Detention Centre in Kaonik. The following day, members
of the HVO entered Loncari and expelled the civilian population. Using flammable
liquids, they set fire to the mekteb (a place used for Muslim theological
instruction) and to every Bosnian Muslim home in the village. They killed
livestock. Three men from Loncari who fled the village, Fuad Kermo, Ibrahim
Pezer and Avdo Sahman, were captured and murdered by Miroslav Bralo, a subordinate
of the accused. PASKO LJUBICIC participated in the planning of the
co-ordinated offensive operation that included the attack on this village.
- The village of Ocenici: On 19 April 1993, the village of Ocenici was attacked
by the HVO. The stated purpose of the attack was to "cleanse" and "demolish"
the village. PASKO LJUBICIC and members of the 4th Military Police
Battalion, in co-ordination with members of the Nikola Subic Zrinski Brigade,
directly participated in this attack. During and immediately after these attacks,
5 female civilians, all family members or relatives of Ibrahim Nuhagic were
killed and other civilians were seriously injured, including Ramiz Nuhagic.
PASKO LJUBICIC individually and in concert with members of the 4th Military
Police Battalion and the HVO committed or otherwise aided and abetted in the
execution of the crimes committed in Ocenici.
- The village of Gacice: The village of Gacice is located a few kilometers
from the town of Vitez. On the morning of the 20 April 1993 the village was
shelled and attacked by infantry units of the HVO. Following the attack, approximately
247 Bosnian Muslim residents were detained and forced to march to the Hotel
Vitez, the HVO headquarters, where they were used as human shields to protect
it from artillery attack. The 4th Military Police Battalion had the responsibility
to protect the Hotel Vitez from 16 April 1993. Thereafter, the villagers of
Gacice were returned to the village and housed in about seven houses. Later,
they were expelled to Zenica. PASKO LJUBICIC participated in the planning
of the co-ordinated offensive operation that included the attack on this village.
Killing and Causing Serious Injury:
- Persecutions were perpetrated during and immediately after the attacks referred
to in paragraphs 24, 26 and 27, by the killing and causing of serious injury
or harm to Bosnian Muslim civilians, including women, children, the elderly
and the infirm. During and immediately after the attacks in Ahmici, Nadioci,
Pirici and Santici that occurred on 16 April 1993, approximately 100 civilians
were killed (a partial list of the victims is found in Schedule A, attached)
and numerous others were seriously injured. Prior to the attack on these villages,
PASKO LJUBICIC conveyed orders to his subordinates that all Muslims
of military age should be killed. During the attack on Ocenici that occurred
on 19 April 1993, 5 female civilians, all family members or relatives of Ibrahim
Nuhagic, were killed. PASKO LJUBICIC and members of the 4th Military
Brigade, acting in concert with the Nikola Subic Zrinski Brigade, directly
participated in this attack. Following the attack on Loncari, three men who
fled the village, Fuad Kermo, Ibrahim Pezer and Avdo Sahman, were captured
and murdered by Miroslav Bralo, a subordinate of PASKO LJUBICIC.
Destruction and Plunder of Property:
- Persecutions were perpetrated during and immediately after the attacks referred
to in paragraphs 22, 24, 26 and 27, by the wanton and extensive destruction,
by fire and explosives, and by the plundering of Bosnian Muslim dwellings,
businesses, institutions dedicated to religion or education, civilians' personal
property and livestock. Prior to the attack on Busovaca in January of 1993,
PASKO LJUBICIC told members of the 4th Military Police Battalion who
were under his command and control that they could take whatever property
they wanted from Muslim homes. Prior to the 16 April 1993 attacks on the villages
of Ahmici, Nadioci, Pirici and Santici, PASKO LJUBICIC conveyed orders
to his subordinates that all Muslim houses were to be burned. The stated purpose
of the attack on the village of Ocenici on 19 April 1993, carried out by units
including members of the 4th Military Police Battalion, was to "cleanse" and
"demolish" the village.
Inhumane Treatment of Civilians:
- Persecutions were perpetrated in the municipalities of Vitez and Busovaca,
by the systematic selection and detention, on political, racial
or religious grounds, of hundreds of Bosnian Muslim civilians and the placement
of said persons in detention facilities controlled by the HVO. These detention
facilities are listed in paragraphs 55 to 59 of this indictment.
- The Bosnian Muslim civilians detained in the locations referred to in paragraphs
55 to 59 were beaten, forced to engage in labour, including digging trenches
at or near the front lines (where some were killed or wounded), were subjected
to physical and psychological abuse, intimidation.
- Members of the 4th Military Police Battalion, on orders of PASKO LJUBICIC,
and with his knowledge, participated in the cruel and inhumane treatment of
detainees by arresting Bosnian Muslim civilians and transporting them to the
detention facilities referred to in paragraphs 55 to 59; by guarding them
at these detention facilities; by transporting detainees from these detention
facilities to front line positions where they were used as human shields or
forced to engage in trench digging and other forms of forced labour; by allowing
members of the 4th Military Police Battalion, including Miroslav Bralo and
Anto Furundzija, and others to physically abuse detainees in their custody.
Forcible Transfer of Civilians:
- Persecutions were perpetrated when Bosnian Muslim civilians were expelled
from their homes and forcibly transferred by the HVO Military Police and other
members of the HVO from the municipalities of Vitez and Busovaca to other
parts of the Republic of Bosnia and Herzegovina. On the morning of 16 April
1993, before commencement of the attacks on the villages of Ahmici, Nadioci,
Pirci, and Santici, PASKO LJUBICIC conveyed orders to his subordinates
that all Muslims were to be expelled. As a result of these attacks, all Bosnian
Muslims in these villages were expelled.
- The persecutions of Bosnian Muslim civilians, as alleged above, were committed
on such a widespread basis, and implemented in such a systematic fashion that
it significantly reduced the Muslim civilian population from those areas of
the municipalities of Vitez and Busovaca where the HVO and the Bosnian Croat
administration had seized control.
- PASKO LJUBICIC knew or had reason to know that members of the 4th
Military Police Battalion were persecuting Bosnian Muslims on political, racial,
or religious grounds, in the towns and villages in the municipalities of Vitez
and Busovaca and in the manner described in paragraphs 21 to 28, or had done
so, and failed to take the necessary and reasonable measures to prevent such
acts or to punish the perpetrators thereof.
By these acts and omissions, PASKO LJUBICIC committed:
Count 1: Persecutions on political, racial, or religious
grounds, a CRIME AGAINST HUMANITY, as recognized by Articles
5(h), 7(1) and 7(3) of the Statute of the Tribunal.
COUNT 2
UNLAWFUL ATTACKS ON CIVILIANS
- PASKO LJUBICIC individually and in concert with members of the 4th
Military Police Battalion under his command and control and other members
of the HVO, planned, instigated, ordered, committed or otherwise aided and
abetted in the planning, preparation or execution of unlawful attacks on civilians
and civilian objects in the towns and villages, identified below:
| TOWN/VILLAGE |
DATE OF ATTACK |
| Ahmici, Nadioci, Pirici, Santici |
16 April 1993 |
| Ocenici |
19 April 1993 |
- In respect of the attack on the villages of Ahmici, Nadioci, Pirici, and
Santici, PASKO LJUBICIC and other members of the HVO participated in
the planning of the attack on these villages and the accused transmitted orders
relating thereto to members of the 4th Military Police Battalion. On the evening
of 15 April 1993 and on 16 April 1993, PASKO LJUBICIC was present at
the "the bungalow," the military police operational base for the attacks which
was located adjacent to the village of Ahmici. On 16 April 1993, PASKO
LJUBICIC conveyed orders to members of the 4th Military Police Battalion
including Anto Furundzija, Miroslav Bralo, Vladimir Santic, Nino Saric, Nikica
Safradin and Josip Jukic, that all Muslims of military age should be killed
and the civilians expelled. PASKO LJUBICIC directly participated in
the attacks on the villages described above and on the civilians therein.
Later in the evening, he met with members of the 4th Military Police Battalion
and with other members of the HVO in "the bungalow."
- In respect of the attack on the village of Ocenici, PASKO LJUBICIC
and other members of the 4th Military Police Battalion, working in conjunction
with members of the Nikola Subic Zrinski Brigade, directly participated in
the attack. The stated objective of the attack was to "cleanse" and "demolish"
the village.
- PASKO LJUBICIC knew or had reason to know that members of the 4th
Military Police Battalion were about to commit unlawful attacks on civilians
and civilian objects in the towns of Ahmici, Nadioci, Pirici, Santici and
Ocenici, or had done so, and failed to take the necessary and reasonable measures
to prevent such acts or to punish the perpetrators thereof.
By these acts and omissions, PASKO LJUBICIC committed:
Count 2: an unlawful attack on civilians, a VIOLATION OF THE
LAWS OR CUSTOMS OF WAR, as recognized by Articles 3, 7(1) and 7(3) of
the Statute of the Tribunal and customary law, Article 51(2) of Additional
Protocol I and Article 13(2) of Additional Protocol II to the Geneva Conventions.
COUNTS 3-6
MURDER AND CAUSING SERIOUS INJURY (AHMICI, NADIOCI, PIRICI, SANTICI)
- PASKO LJUBICIC individually and in concert with members of the 4th
Military Police Battalion who were under his command and control, and other
members of the HVO, planned, instigated, ordered committed or otherwise
aided and abetted in the planning, preparation or execution of the crimes
of murder and the wilful infliction of serious injury and great suffering,
both physical and mental, to Bosnian Muslim civilians in Ahmici, Nadioci,
Pirici, and Santici.
- On 16 April 1993, at "the bungalow," the Military Police operational command
post for the attacks on Ahmici, Nadioci, Pirici, and Santici, PASKO LJUBICIC
conveyed orders to members of the 4th Military Police Battalion who were
under his command and control, including Miroslav Bralo, Anto Furundzija,
Vladimir Santic, Nino Saric, Nikica Safradin and Josip Jukic that all Muslims
of military age should be killed.
- On 16 April 1993, the villages of Ahmici, Nadioci, Pirici, and Santici were
attacked by units of the HVO including the 4th Military Police Battalion.
During and immediately after these attacks, approximately 100 civilians were
killed (a partial list of the victims is found in Schedule A, attached) and
numerous others suffered serious physical and mental harm.
- From 15 April 1993 until November 1993, PASKO LJUBICIC knew or had
reason to know that members of the 4th Military Police Battalion were about
to murder and inflict serious physical and mental injury to civilians in the
villages of Ahmici, Nadioci, Pirici, and Santici, or had done so, and failed
to take the necessary and reasonable measures to prevent such acts or to punish
the perpetrators thereof.
By these acts and omissions, PASKO LJUBICIC committed:
Killings:
Count 3: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
as recognized by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal
and Article 3(1)(a) of the Geneva Conventions.
Count 4: Murder, a CRIME AGAINST HUMANITY, as recognized
by Articles 5(a), 7(1) and 7(3) of the Statute of the Tribunal.
Injuries:
Count 5: Violence to life and person, a VIOLATION OF
THE LAWS OR CUSTOMS OF WAR, as recognized by Article 3, 7(1) and 7(3)
of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.
Count 6: Inhumane acts, a CRIME AGAINST HUMANITY, as recognized
by Article 5(i), 7(1) and 7(3) of the Statute of the Tribunal.
COUNTS 7-10
MURDER AND CAUSING SERIOUS INJURY (OCENICI)
- PASKO LJUBICIC individually and in concert with members of the 4th
Military Police Battalion who were under his command and control, and members
of the Nikola Subic Zrinski Brigade, committed or otherwise aided
and abetted in the execution of the crimes of murder and the wilful infliction
of serious injury and great suffering, both physical and mental, to Bosnian
Muslim civilians in Ocenici.
- On 19 April 1993, the village of Ocenici was attacked by the HVO. The stated
purpose of the attack was to "cleanse" and "demolish" the village. PASKO
LJUBICIC and members of the 4th Military Police Battalion, in co-ordination
with the Nikola Subic Zrinski Brigade, directly participated in this attack.
During and immediately after these attacks, 5 female civilians, all family
members or relatives of Ibrahim Nuhagic were killed and other civilians were
seriously injured, including Ramiz Nuhagic.
- PASKO LJUBICIC knew or had reason to know that members of the 4th
Military Police Battalion were about to murder and inflict serious physical
and mental injury to civilians in the village of Ocenici, or had done so,
and failed to take the necessary and reasonable measures to prevent such acts
or to punish the perpetrators thereof.
By these acts and omissions, PASKO LJUBICIC committed:
Killings:
Count 7: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
as recognized by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal
and Article 3(1)(a) of the Geneva Conventions.
Count 8: Murder, a CRIME AGAINST HUMANITY, as recognized
by Articles 5(a), 7(1) and 7(3) of the Statute of the Tribunal.
Injuries:
Count 9: Violence to life and person, a VIOLATION OF
THE LAWS OR CUSTOMS OF WAR, as recognized by Article 3, 7(1) and 7(3)
of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.
Count 10: Inhumane acts, a CRIME AGAINST HUMANITY, as recognized
by Article 5(i), 7(1) and 7(3) of the Statute of the Tribunal.
COUNTS 11-13
DESTRUCTION AND PLUNDER OF PROPERTY
- From 25 January 1993 to 19 April 1993 PASKO LJUBICIC individually
and in concert with members of the 4th Military Police Battalion who were
under his command and control, and with other members of the HVO, planned,
instigated, ordered, committed or otherwise aided and abetted in the planning,
preparation or execution of the wanton and extensive destruction (mostly by
fire and/or explosives) and plunder of Bosnian Muslim dwellings, businesses,
institutions dedicated to religion or education, civilian personal property
and livestock in the following cities, towns and villages:
| Busovaca |
25 January 1993 to 8 February 1993 |
| Ahmici, Nadioci, Pirici, Santici |
16 April 1993 |
| Loncari |
17 April 1993 |
| Ocenici |
19 April 1993 |
- Prior to and during the attack on Busovaca referred to in paragraph 22,
PASKO LJUBICIC used the Café Bos, located in Busovaca, as the
operational headquarters of the 4th Military Police Battalion for the Busovaca
campaign. Whilst at that location, PASKO LJUBICIC told members of the
4th Military Police Battalion who were under his command and control that
they could take whatever property they wanted from Muslim houses. During and
immediately after the attack on Busovaca, Bosnian Muslim homes and business
establishments were looted and many were destroyed or damaged by fire and
explosives.
- Prior to the attacks on Ahmici, Nadioci, Pirici, and Santici, and whilst
at "the bungalow," PASKO LJUBICIC conveyed orders to members of the
4th Military Police Battalion who were under his command and control, including
Miroslav Bralo, Anto Furundzija, and Vladimir Santic, Nino Saric, Nikica Safradin,
and Josip Jukic, that all Muslim houses were to be burned. During and immediately
after the attack on the aforesaid mentioned villages, Bosnian Muslim homes
were razed to the ground and both mosques in Ahmici were destroyed. PASKO
LJUBICIC directly participated in the attacks on these villages.
- Prior to the attack on Ocenici on 19 April 1993, the stated objective of
the units participating in the attack, including the 4th Military Police Battalion,
was to "cleanse" and "demolish" the village. PASKO LJUBICIC and other
members of the 4th Military Police Battalion, working in conjunction with
the Nikola Subic Zrinski Brigade, directly participated in the attack.
- In respect of the village of Loncari, PASKO LJUBICIC participated
in the planning of co-ordinated military operations that commenced in the
Lasva Valley on 16 April 1993, and late on 16 April 1993, he deployed members
of the 4th Military Police Battalion, including Miroslav Bralo, toward the
hill feature of Kuber on which the village of Loncari is located.
- PASKO LJUBICIC knew or had reason to know that members of the 4th
Military Police Battalion who were under his command and control were about
to engage in the wanton destruction and plunder of Bosnian Muslim dwellings,
businesses, institutions dedicated to religion or education, civilian personal
property and livestock in the towns and villages of Busovaca, Ahmici, Nadioci,
Pirici, Loncari, and Ocenici, or had done so, and failed to take the necessary
and reasonable measures to prevent such acts or to punish the perpetrators
thereof.
By these acts and omissions PASKO LJUBICIC committed:
Count 11: Devastation not justified by military necessity, a
VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Articles 3(b),
7(1) and 7(3) of the Statute of the Tribunal;
Count 12: Destruction or wilful damage to institutions dedicated
to religion or education, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as
recognized by Articles 3(d), 7(1) and 7(3) of the Statute of the Tribunal;
Count 13: Plunder of public or private property, a VIOLATION
OF THE LAWS OR CUSTOMS OF WAR, as recognized by Articles 3(e), 7(1) and
7(3) of the Statute of the Tribunal.
COUNTS 14-15
CRUEL AND INHUMANE TREATMENT OF DETAINEES
- Between January 1993 and July 1993, PASKO LJUBICIC individually and
in concert with members of the 4th Military Police Battalion who were under
his command and control, and with other members of the HVO, planned, instigated,
ordered, committed or otherwise aided and abetted in the cruel and inhumane
treatment of Bosnian Muslim civilians and persons who were hors de combat
at the locations identified in paragraphs 55 to 59.
- Vitez Cinema Complex: This cinema complex became a detention facility following
commencement of the HVO military offensive on 16 April 1993. Between 250-350
men were detained at this location.
- Kaonik Prison near Busovaca: The Kaonik compound accommodated the former
barracks of the Yugoslav People’s Army (JNA) which were used primarily for
the storage of weapons. Initially, it was used as a military prison to detain
individuals incarcerated on the orders of the district military tribunal in
Travnik, but from January 1993, following the attack on Busovaca, it was used
as a detention facility to detain Bosnian Muslims. The 4th Military Police
Battalion had organizational responsibility for guarding the facility. The
entrance to the Kaonik Prison was under military police control. This facility
was the largest permanent detention facility in the Busovaca/Vitez municipalities.
Detainees were physically abused and were taken from this facility to dig
trenches at front line positions.
- Vitez Veterinary Station: This veterinary facility became a detention facility
following 16 April 1993 and was a temporary detention facility. It remained
a detention facility for approximately 3 days during which time approximately
76 Bosnian Muslims were detained at this location. Thereafter, the detainees
were transferred to the Dubravica Elementary School. The detainees at this
facility ranged in age from 16-70. Detainees were taken from this facility
to dig trenches at front line positions.
- Dubravica Elementary School: From 16 April 1993 the elementary school served
as a detention facility for Bosnian Muslims. Approximately 500 persons were
detained at this location, about 100 of whom were women and children. Detainees
were physically abused and were taken from this facility to dig trenches at
front line positions. The school ceased being a detention facility by mid-May
1993.
- SDK Offices in Vitez: The SDK Offices was a small temporary detention facility
that came into existence on 16 April 1993. Detainees in it were guarded by
members of the HVO Military Police. It accommodated approximately 63 prisoners
aged from 12 to 64 years.
- Bosnian Muslim civilians and persons who were hors de combat, who
were detained in the detention facilities identified in paragraphs 55 to 59
above, were beaten, subjected to physical and psychological abuse and intimidation
by, among others, members of the 4th Military Police Battalion under the command
and control of PASKO LJUBICIC. Bosnian Muslims who were subjected to
physical and psychological abuse at the Detention Center at Kaonik include
Sejo Hajdarevic, Edin Osmancevic, Fuad Kaknjo and Besim Kovac.
- Bosnian Muslim civilians and persons who were hors de combat who
were detained in the aforementioned detention facilities were also forced
to dig trenches at or near front line positions in the municipalities of Vitez
and Busovaca by, among others, members of the HVO. Members of the 4th Military
Police Battalion, under the command and control of PASKO LJUBICIC,
removed Muslim detainees from detention facilities, described in paragraphs
55 to 59 above, and escorted them, by threat of force, to the front lines
where they were forced to dig trenches for the HVO units responsible for maintaining
those front line positions. In some instances, members of the 4th Military
Police Battalion, including Miroslav Bralo and Anto Furundzija, directed the
forced labour of the detainees at the front line positions. This occurred,
for example, at Kratine between 22 and 29 April 1993. Bosnian Muslim civilians
and persons who were hors de combat were killed whilst digging trenches
and were also seriously injured and subjected to mistreatment by members of
the 4th Military Police Battalion who were under the command and control of
PASKO LJUBICIC.
- Members of the 4th Military Police Battalion, on orders of PASKO LJUBICIC,
and with his knowledge, participated in the cruel and inhumane treatment of
detainees by arresting Bosnian Muslim civilians and transporting them to detention
facilities described in this indictment; by guarding them at these detention
facilities; by transporting detainees from these detention facilities to front
line positions where they were used as human shields or forced to engage in
trench digging and other forms of forced labour; by allowing members of the
4th Military Police Battalion, including Miroslav Bralo and Anto Furundzija,
and others to physically abuse detainees in their custody. This conduct included:
- On 27 January 1993, members of the 4th Military Police took 13 Muslim
men, including Emin Saracevic, Abdulkerim Sarajlic and Irfan Beslic, from
the Detention Centre at Kaonik and used them as human shields. These prisoners
were tied up in the presence of Zarko Milic, a subordinate of PASKO LJUBICIC.
- On 22 April 1993, 9 Bosnian Muslims, including Sulejman Kavazovic, were
taken from the SDK detention facility by Anto Zabac, a military policeman,
and transported to Rijeka to dig trenches.
- On 22 April 1993, Bosnian Muslims, including Suleman Kavazovic, were transported
from Rijeka to the "bungalow" in Nadioci where they were assigned by Vladimir
Santic, a subordinate of PASKO LJUBICIC, to locations to perform
trench digging and other forms of forced labour.
- On 22 April 1993, 5 Bosnian Muslims, including Sulejman Kavazovic and
Mirsad Ahmic and an individual named Cengalovic, were taken to the area
of Kratine where they were placed in the custody of subordinates of PASKO
LJUBICIC, including Anto Furundzija and Miroslav Bralo, and forced to
dig trenches for the "Jokers" and for other elements of the HVO. They were
also forced to engage in other forms of dangerous forced labour, including
laying land mines. They remained at Kratine until 29 April 1993.
- The locations where these civilians were forced to dig trenches following
the takeover of Busovaca in January 1993 and following the HVO offensive operation
that commenced on 16 April 1993 include, but are not limited to, Kratine,
Kula, Rijeka, Krcevine, Dubravica, Sivrino Selo, Tolovici, Topole, Komare,
Bakije, Gradina, Oblice, Krizancevo Selo, Strane, Putis, Prosje, Rovna, an
area in the direction of Merdani, an area near Nadioci and Pirici, and an
area near Loncari.
- While engaged in forced labour at HVO front line positions, Bosnian Muslim
civilians were subjected to physical abuse by members of the HVO and the 4th
Military Police Battalion, including Miroslav Bralo and Anto Furundzija. Among
those physically abused were Mehmed Beslic, Faik Sarajlic, Nijaz Tulic, Islam
Osmancevic, and Edin Muminovic.
- While engaged in forced labour, a number of Bosnian Muslims were beaten
to death by members of the HVO or killed by gunfire. Those killed include
Muhamed "Cakara," Jasmin Sehovic, Nermin Elesovic, Jusuf Ibrakovic, Hurem
(last name unknown), and Almir Gadjun.
- PASKO LJUBICIC knew or had reason to know that members of the 4th
Military Police Battalion under his command and control engaged in the conduct
described in paragraphs 54 to 65 above, or had done so, and failed to take
the necessary and reasonable measures to prevent such acts or to punish the
perpetrators thereof.