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The International Criminal Tribunal for the former Yugoslavia (ICTY) confirms that Dragoljub KUNARAC, an indicted person , surrendered himself on Wednesday 4 March 1998, and was transferred that same day into the custody of the International Tribunal to be held at the ICTY’s Detention Unit.
Dragoljub KUNARAC surrendered voluntarily at about 3 p.m. on Wednesday 4 March 1998 to French S-For soldiers at Filipovici, near Fo~a. He then was taken to
Mostar and is expected to arrive in The Hague late on Wednesday evening.
The next legal step is the first appearance of the accused before a Trial Chamber in order to enter a plea of guilty or not guilty on each of the counts he is charged with in the indictment against him.
BACKGROUND ON THE INDICTMENT
Dragoljub KUNARAC is one of the eight individuals named in the first indictment, issued in June 1996, dealing with sexual offences. This significant indictment (“Foca indictment”) covers the brutal regime of gang-rape, torture and enslavement which Muslim women of Foca and elsewhere were subjected to between April 1992 and February 1993 by Bosnian Serb soldiers, policemen and members of paramilitary groups, including some coming from Serbia and Montenegro.
According to the indictment, the municipality of Foca was taken over by the Bosnian Serb Army, assisted by paramilitaries units, between April and July 1992. The soldiers separated men and women.
The former were mostly detained in the Foca Kazneno-Popravni Dom (KP Dom ), one of the largest prison facilities in the former Socialist Federal Republic of Yugoslavia.
The KP Dom is one of several detention facilities mentioned in the indictment issued on 25 July 1995 against Radovan Karadzic and Ratko Mladic.
Muslim women, children and elderly persons were detained in houses, apartments and motels in the town of Foca or surrounding villages, and in short and long-term detention centres, such as Buk Bijela, Foca High School and Partizan Sports Hall. Additionally, several women were held in houses and apartments, which were run in the manner of brothels, by groups of mainly paramilitary soldiers.
Many of the detained women, some as young as 12 years of age, endured inhumane conditions of detention and were subjected to “humiliating and degrading conditions of life, to brutal beatings and to sexual assaults, including rapes . . .Ó.
The indictment charges crimes committed against at least 14 victims, referred to in the indictment by code names and by initials.
These and other women were subjected to almost constant rape and sexual assaults; torture; and other abuses. According to the indictment: “The physical and psychological health of many female detainees seriously deteriorated as a result of these sexual assaults. Some of the women endured complete exhaustion, vaginal discharges, bladder problems and irregular menstrual bleedings. The detainees lived in constant fear. Some of the sexually abused women became suicidal. Others became indifferent as to what would happen to them and suffered from depression . . . .“
“Many women suffered permanent gynaecological harm due to the sexual assaults. All the women who were sexually assaulted suffered psychological and emotional harm; some remain traumatised.”
BACKGROUND ON THE ACCUSED AND THE CHARGES AGAINST HIM
Dragoljub KUNARAC a/k/a “Zaga” and “Dragan”, son of Aleksa, was born on 15 May 1960 in Foca. He lived in Tivat, Montenegro prior to the April 1992 attack on Foca. Dragoljub Kunara} was the commander of a special volunteer unit of non-local irregular Serb soldiers mainly from Montenegro. He had his headquarters in a house in the Alad`a neighbourhood in Foca at Ulica Osmana \iki}a no. 16. There, he stayed with at least ten Montenegrin soldiers after the take-over of Foca.
It is alleged that in his capacity as commander of these soldiers, Dragoljub KUNARAC was responsible for the acts of soldiers subordinate to him and knew or had reason to know that his subordinates sexually assaulted Muslim women at his headquarters. It is also alleged that he was personally involved in sexual assaults of women at his headquarters.
Torture and Rape of FWS-48, FWS-75, FWS-87, FWS-95 and other women at Partizan Sports Hall
9.3 The same night, after Janko Janjic returned the women to Partizan, Dragoljub KUNARAC took the same three women to the Hotel Zelengora. FWS-48 refused to go with him and Dragoljub KUNARAC kicked her and dragged her out. At Hotel Zelengora, FWS-48 was placed in a separate room and both Dragoljub KUNARAC and Zoran VUKOVIC raped her (vaginal penetration and fellatio). Both perpetrators told her that she would now give birth to Serb babies.
9.8 On two occasions, Dragoljub KUNARAC took FWS-87 to the Montenegrin headquarters in the Alad`a area, knowing that she might be sexually assaulted there. On both occasions, two Montenegrin soldiers were present and raped FWS-87.
9.9 Among the men who frequently sexually assaulted FWS-87 at Partizan were Janko JANJIC, Gojko JANKOVIC and Dragoljub KUNARAC. Due to the frequent sexual assaults, FWS-87 became suicidal, during her detention at Partizan. .../...
9.10 Dragoljub KUNARAC took FWS-75 and D.B. at least five times to his headquarters, that housed a group of Montenegrin soldiers in the Alad`a neighbourhood at Ulica Osmana \ikica No. 16. Dragoljub KUNARAC commanded these soldiers. In mid July 1992, FWS-75 and D.B were brought to this house for the first time. When they arrived at the headquarters, a group of soldiers were waiting. Dragoljub KUNARAC took D.B. to a separate room and sexually assaulted her, while FWS-75 was left behind together with the other Montenegrin soldiers. For about 3 hours, FWS-75 was gang-raped by at least 15 soldiers (vaginal and anal penetration and fellatio). They sexually abused her in all possible ways. The soldiers put their penises into her hands and ejaculated all over her. During the sexual assault, one soldier took out a knife and threatened to cut off her breast, but another soldier prevented him from doing so. This incident was the only gang-rape FWS-75 experienced in the Montenegrin headquarters. At other times in the headquarters, one to three soldiers, in turn, raped her.
9.12 On or around 18 July 1992, Gojko JANKOVIC took FWS-48, FWS-95 and B.P. to a house near the bus station. From there, FWS-48 Dragoljub KUNARAC took her to another house in the Donje Polje neighbourhood where he raped her (vaginal penetration and fellatio).
9.15 On 2 August 1992, Dragoljub KUNARAC took FWS-75, FWS-87, FWS-50 and D.B. to the Montenegrin headquarters. Some women from the Kalinovik women’s detention camp were also present. On this occasion, Dragoljub KUNARAC and three other soldiers raped FWS-87. Several unidentified perpetrators raped FWS-75 during the whole night. A Montenegrin soldier who raped FWS-50 (vaginal penetration) threatened to cut her arms and legs and to take her to church to baptise her.
9.20 From July 1992 to 13 August 1992, FWS-95 was removed to different houses and apartments, almost every night by groups of soldiers, commanded by Dragoljub KUNARAC , Janko JANJIC and Dragan ZELENOVIC. Sometimes, she was taken alone, sometimes together with other women. On each of these occasions, FWS-95 was raped, (vaginal penetration and fellatio). Sometimes, she was gang-raped. Dragoljub KUNARAC, Janko JANJIC, Gojko JANKOVIC and Dragan ZELENOVIC were among the soldiers who frequently assaulted her.
9.21 On or about 2 August 1992, Dragoljub KUNARAC , in concert with Pero Elez, a Serb paramilitary leader in a position of regional authority, transferred FWS-75, FWS-87 and two other women from Partizan to Miljevina.
9.23 By the foregoing acts and omissions in relation to the victims FWS-48, FWS-50, FWS-75, FWS-87 and FWS-95, described in the paragraphs 9.3, 9.8, 9.9, 9.10, 9.12, 9.15 and 9.21, Dragoljub KUNARAC committed:
A CRIME AGAINST HUMANITY punishable under Article 5(f) (torture) of the Statute of the Tribunal;
A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal; .../...
A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
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)(torture) of the Geneva Convention.
Draguljub KUNARAC is both charged with the crimes he allegedly committed himself and with the crimes allegedly committed by his subordinates.
International Criminal Tribunal for the former Yugoslavia
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