Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 28 November 1997
CELEBICI CASE AND DOKMANOVIC CASE:
PROSECUTION PROCEEDS TO AMEND THE INDICTMENTS
On 20 November 1997 and on 25 November 1997, the Office of the Prosecutor (OTP) filed motions to amend the indictments against Hazim DELIC (Celebici Case) and Slavko DOKMANOVIC (Vukovar) respectively.
1. OTP proceeds to dismiss two counts of the indictment against Hazim DELIC
The Prosecutor is seeking to dismiss Counts 40 and 41 of the indictment against Hazim DELIC: it is "unable to produce evidence supporting this charge because the relevant witness has refused to testify".
The above mentioned counts read as follows:
COUNTS 40 AND 41
Causing Great Suffering or Serious Injury to Miroslav BOZIC
32. On approximately 1 December 1992, after been accused earlier that day by Hazim DELIC of belonging to an enemy military unit, Miroslav BOZIC was selected and then severely beaten by a group of guards for approximately 30 minutes. Hazim DELIC, who was then Commander of Celebici camp, observed the beating, and at one point after initially stating that Miroslav BOZIC could
return to his cell, Hazim DELIC ordered him back against the wall, where the beatings by the guards continued for another ten minutes. In addition to his responsibility as a direct participant in this incident, Hazim DELIC knew or had reason to know that persons in position of subordinate authority to him were about to commit those acts, or had already committed those acts, and failed
either to take the necessary and reasonable steps to prevent those acts or to punish the perpetrators after the acts had been committed. He is also charged as a superior. By his acts and omissions, Hazim DELIC is responsible for:
Count 40. A Grave Breach punishable under Article 2(c) (wilfully causing great suffering or serious injury) of the Statute of the Tribunal; and
Count 41. A Violation of the Laws or Customs of War punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel treatment) of the Geneva Conventions.
2. OTP seeks leave to amend the indictment against Slavko DOKMANOVIC
In order to "further clarify information previously set forth, to provide more accurate information where it has become available and to make all parts of the indictment consistent", the Office of the Prosecutor requests that Trial Chamber II (Judges Cassese, presiding, Judge May and Judge Mumba) grants leave to amend the indictment issued on 7 November 1995 and amended on 3
April 1996, against the accused MRKSIC, RADIC, SLIJVANCANIN and DOKMANOVIC ("Vukovar Hospital").
The main alterations and specifications suggested concern the following:
1. The victims of the mass-killing at Ovcara:
- "approximately 200 Croatian and other non-Serb persons" (instead of "approximately 260 captive non-Serb men")
- the bodies of 198 men and two women were recovered from the Ovcara mass-grave exhumed in September and October 1996
- The list of names of the victims of the mass-killing would be altered so as to delete 10 names (5 persons were alive after the mass-killing, 5 died elsewhere) and to add 3 other names.
2. The identification of the military unit to which Mrksic, Radic and Sljivancanin were assigned: further investigation has revealed that they were in fact assigned to the
"First Guards Motorised Brigade (instead of the "Guards Brigade") which formed the core component of the JNA’s Operational Group South. This Unit was commanded by Colonel Mile Mrksic".
3. The accused’s respective role:
In the two relevant paragraphs, the Prosecution now states (changes are underlined): "...JNA and Serb paramilitary troops, aided and abetted by Slavko DOKMANOVIC, and under the command and supervision of Colonel Mile MRKSIC, Captain Miroslav RADIC and major Veselin SLJIVANCANIN ..."
4. The status and whereabouts of the accused persons:
- Mile Mrskic: "After the defeat of the ARSK by Croatian forces in August 1995, he retired from military service"
- Miroslav Radic: "After the battle of Vukovar, he left military service and entered into a private business in Serbia"
- Veselin Sljivancanin : after his promotion to the rank of Colonel he "was placed in command of a JA brigade in Podgorica, Montenegro. He is currently assigned to the Yugoslav Military Academy in Belgrade".
The full text of the motions are available
upon request at the Press and Information Office