Kunarac, Vukovic and Kovac - Judgement

III. EVIDENCE

A. General background

The parties have agreed that an armed conflict existed between the Serb and Muslim forces in the area of Foca.²⁶ The Defence submitted, however, that its admission was limited to the municipality of Foca.²⁷ The existence of an armed conflict is relevant to charges under both Article 3 and Article 5 of the Tribunal’s Statute.
The three accused denied that the incidents alleged in the Indictment were part of a widespread or systematic attack against the civilian population of the Foca municipality and surrounding municipalities of Gacko and Kalinovik.²⁸ The requirement of the existence of a “widespread or systematic attack against any civilian population” is relevant to charges brought under Article 5 of the Tribunal’s Statute.
Several Prosecution witnesses stated that in the months leading up to the attack on Foca on 8 April 1992, Muslim workers stopped receiving their salary and that some others were professionally ostracised or simply told that there was no work for them.²⁹ One Defence witness said that the working relationship at the hospital remained cordial.³⁰
Other witnesses said that the freedom of movement of Muslim citizens was increasingly restricted, their communication limited and their gatherings banned.³¹ Public announcements prohibiting gatherings and informing the Muslims that they were not free to move around their villages were made.³² Roadblocks were set up, Muslim villagers were prevented from moving around town, and were sometimes put under house arrest.³³
Some Defence witnesses stated that the Muslims also set up roadblocks. Defence witness Rajko Markovic said that some of these roadblocks were manned by the “SUP ”, the Serb-controlled Ministry of the Interior or police.³⁴ If they wanted to leave their town or village, the Muslims had to obtain an exit permit from the authorities.³⁵ In the days leading up to the war, Serb families left the region in great numbers, unhindered.³⁶
The tension was accompanied and prompted by an ever more aggressive nationalistic propaganda, a hardening of the ethnic divide and the organisation of political rallies .³⁷ Even prior to the war, the two ethnic groups had created independent administrative structures. Thus, the Serbian side had its own Municipal Assembly.³⁸ Both parties established so-called Crisis Staffs.³⁹
Both sides were also preparing for war. Various witnesses stated that weapons had begun pouring into the region and were being distributed.⁴⁰ The JNA (“Yugoslav People’s Army”) military depot at Livade was under the control of the Serb authorities, which started handing over weapons to Serb fighters.⁴¹ People started carrying weapons openly and wearing military uniforms. Guards were organised in villages and apartment blocks. Men started organising themselves and Serbs began occupying the strategic high points around Foca. Thus, when the fighting broke out, the parties were ready for battle. In the meantime, the police had been de facto divided along ethnic lines and were no longer in a position to do anything about these developments.
Lured by the promise of a peaceful arrangement, many Muslim men accepted to surrender their weapons when asked to do so.⁴² Only a few managed to keep their guns or hunting rifles; Muslim houses were often searched.⁴³ They were sometimes asked to sign a loyalty statement on the understanding that they would then not be attacked .⁴⁴ As a consequence, when they were eventually attacked, Muslim civilians were generally unarmed and unable to defend themselves.⁴⁵
Shortly before fighting started in Foca, Muslim houses were being set on fire . Sporadic shooting started. Those who could leave the region did so. The others decided to hide in the woods for fear of being burned in their houses while they were sleeping.⁴⁶
On 8 April 1992, fighting broke out in Foca. The Serbs used heavy artillery to shell the town and para-militaries to clean out the remaining pockets of resistance .⁴⁷ By mid-April, Foca had been taken over by the Serb forces. Fighting continued until mid-July in the surrounding villages and municipalities. In the course of those villages being taken or as soon they had been taken, Muslim inhabitants were systematically subjected to the pattern of abuses described next.
The military take-over of villages and towns around Foca was typically achieved without much fighting but did involve futile violence. According to many witnesses , Muslim inhabitants were methodically rounded up and brought to collecting points from which they would then be transported to different buildings or schools and detained there.⁴⁸ The villages of Trosanj and Mješaja, for example, were taken in that way on 3 July 1992.⁴⁹ FWS-75, who lived in Trosanj, stated that she saw the accused Radomir Kovac during the attack on her village.⁵⁰ The village of Jelec had been taken in a like manner on 4 May 1992.⁵¹ Between the end of June and the beginning of July 1992, Gacko and its surrounding villages were attacked in the exact same manner. In some cases, there was no fighting at all, such as in the village of Trnovace and Trbušce, south of Foca, at the end of June 1992,⁵² in Kalinovik in early August 1992,⁵³ or in Miljevina and its surrounding villages at the beginning of September 1992.⁵⁴ Muslim civilians were simply removed by soldiers from their homes and kept in various facilities.⁵⁵ These brutal methods were not one-sided and Muslim forces used similar violence on Serb villages and villagers.⁵⁶
Those who could tried to flee en masse. Following the attack on their village, the inhabitants of Gacko, a village located in the municipality of Gacko , fled towards Borac. On their way, they were joined by many other fleeing Muslim civilians. A group of several hundred of them then headed towards the town of Konjic which was believed to be held by the Muslim forces. FWS-185, FWS-186, FWS-192, FWS-191 and FWS-190 were part of the group of fleeing villagers from Gacko. They were also part of the group which was eventually captured in Ulog and placed in the school there, before being transferred to the Kalinovik High School.⁵⁷ Other Muslim civilians from Kalinovik and Nevesinje were soon brought to the school and kept with them. FWS-52 described how he fled his village, Mješaja, in a similar fashion through the mountains with a group of 22 villagers and how they joined 1 .500-2.000 Muslims who were fleeing the region of Sutjeska.⁵⁸
Many Prosecution witnesses stated that, in the course of their capture, civilians were frequently brutalised, beaten and sometimes even killed.⁵⁹ FWS-75 stated that when her village was attacked, she was hiding in the woods with other villagers, including her father, mother and brother. None of them had weapons and a lot of children were among this group of people. They were shot at by the arriving soldiers as they tried to flee. Three of the villagers, including the witness’s mother, were shot dead when they tried to run away. The soldiers only stopped shooting when they eventually encircled the group of civilians. The soldiers then proceeded to beat the seven male members of the group for about half an hour . The witness was also beaten while another girl was hit with the butt of a rifle .⁶⁰ When the exodus of Muslims from the region was almost completed, the Presidency of the Republika Srpska tried to distance itself from the crimes which were still being committed and ordered that the remaining non-Serbs of the Gornje Podrinje area be protected. The order remained unimplemented and without any effect. Several witnesses also recounted that the men were separated from the women as they were captured,⁶¹ and that the former were sometimes killed on the spot.⁶²
Witnesses FWS-105, D.B., FWS-48, FWS-75 and FWS-87 described the events after their capture in the woods: the men, seven of them, were separated from the women . At some point, while they were being led away, the women were told to lie down and bursts of gunfire were heard coming from the place where the men had been detained . They later learnt that these men had been killed, and these witnesses never saw those men again.⁶³ Prosecution witness Osman Subasic, who was responsible for collecting intelligence for the Bosnian Muslim army, also said that he made numerous reports about bodies of Muslim civilians floating in the Drina river, sometimes with their hands tied and a bullet in the back of the skull.⁶⁴
Witnesses stated that the men who survived were generally detained at KP Dom prison.⁶⁵ Detainees at KP Dom came from a large geographical area covering Foca, Gorazde, Cajnice, Ustikolina, Tjentiste , Miljevina and Jelec.⁶⁶ During the relevant period, prisoners numbered between 350 and 500 with peaks at about 750.⁶⁷ According to the testimony of some witnesses, none of the detainees was ever charged with a crime or accused of having committed one. Nor were they given any reason for their detention.⁶⁸ Muslim men were simply interned as a matter of principle, sometimes for periods of up to two and a half years.⁶⁹ Defence witness General Radinovic, however, stated that the men who were kept at the KP Dom had been found to possess weapons and that they had been brought to KP Dom for questioning .⁷⁰ Some of the prisoners were taken out for forced labour,⁷¹ while some others were taken out and never seen again.⁷² Serb prisoners including, according to FWS-75, for a short period of time, the accused Radomir Kovac,⁷³ were also detained at KP Dom during the conflict. However, they were kept in a different section of the prison. FWS-78 stated that during his internment at KP Dom, he saw and talked to the accused Zoran Vukovic, whom he knew from before the war.⁷⁴ The accused, Zoran Vukovic, had come to have his vehicle repaired.
Two Prosecution witnesses described the conditions at KP Dom as precarious.⁷⁵ Food was scarce, hygiene facilities were minimal, there were no beds apart from foam mattresses and cover sheets, which were in insufficient number. FWS-65 told the Trial Chamber that in the three months that he spent at KP Dom he lost 40 kilograms .⁷⁶ In 40 days at KP Dom, FWS-78 said he lost about 15 kilograms.⁷⁷ Witness DP said that food could not be brought freely to detainees at KP Dom.⁷⁸ Several Defence witnesses mentioned that there were food shortages in Foca.⁷⁹ Provocation, insults, beatings and other deprivations were commonplace at KP Dom .⁸⁰
Women were kept in various houses, apartments, gymnasiums or schools. Even prior to their being brought to those detention centres, some witnesses who testified before the Trial Chamber said that they had been physically abused or raped by the soldiers who had captured them. Thus, FWS-50, FWS-48, FWS-75 and FWS-87 stated that they were raped at Buk Bijela, a settlement south of Foca where they had been taken after their capture.⁸¹ FWS- 75 was taken away from the group by a man of 40-50 years who proceeded to rape her . She was subsequently raped in this very same room by approximately 10 other men . She fainted after the tenth man.⁸² FWS-50 was taken by the accused Zoran Vukovic who was armed and in uniform, allegedly for questioning.⁸³ Zoran Vukovic took her to another room in one of the prefabricated barracks and he raped her.⁸⁴ This rape is not charged in Indictment IT-96-23/1. Therefore, the Trial Chamber will not take these facts into account for conviction or sentencing purposes, but it is relevant to the identification of Zoran Vukovic by FWS-50 in relation to the rape of FWS-50 with which he is charged in the Indictment. Some other women were spared but were either told about those rapes or were able to judge for themselves what had transpired considering the condition in which those girls and women were brought back.⁸⁵ Girls, women and some elderly men who were at Buk Bijela were then transported by bus to Foca and kept in the Foca High School, which was situated in the Aladža neighbourhood of Foca.
Living conditions at Foca High School were described by many witnesses as extremely poor.⁸⁶ FWS-62 said that detainees were fed only once every three days and in insufficient quantity;⁸⁷ there were no washing facilities and no blankets or cushions to sleep on. One old man was also beaten.⁸⁸
Several Prosecution witnesses said that the conditions were even worse at Partizan Sports Hall, where most women from Foca High School were transferred next.⁸⁹ According to FWS-105, the conditions at Partizan were “90% worse” than at the Foca High School:⁹⁰ They were more often provoked, raped and taken out, and there were no hygiene facilities and even less food. Several of the witnesses confirmed that food was scarce, of poor quality and provided erratically.⁹¹ One woman , FWS-95, was occasionally allowed to go to town to buy some food, as she knew one of the guards.⁹² Detainees, in particular children, were affected by this regime.⁹³ Sanitary conditions were almost non-existent and only a few gym mattresses were available to sleep on, with detainees squeezed against each other. Violence, including sexual violence, continued with increased intensity.⁹⁴ FWS-62 described how, one night, the woman sleeping next to her was raped in full view of the other detainees and her ten-year old son at her side.⁹⁵ FWS-75 summarised the conditions at Partizan as “dreadful”.⁹⁶
Conditions at the Kalinovik High School, where civilians from Gacko, Kalinovik and neighbouring villages were kept, were, according to several witnesses, appalling .⁹⁷ Detainees had to sleep on mattresses infested with lice, and there were almost no hygiene facilities. FWS-192 said that there was just one toilet for all the detainees, approximately 70 people, and that she did not have a bath and could barely wash for about two months.⁹⁸ In the initial 10-15 days of their detention, some women were allowed to leave the school to get some food, but this stopped eventually and food became scarce.⁹⁹ Some of the detainees were also beaten, while some others were taken out and never brought back.¹⁰⁰
The witnesses said that they could not leave the premises. At Foca High School , there were one or two guards working in shifts who would prevent the detainees from escaping, but they would not prevent soldiers from entering the facilities.¹⁰¹ The detainees felt at the complete mercy of their captors. When asked why she did not try to escape, FWS-51 described the helpless situation in which they found themselves .¹⁰² FWS-50 described the general climate of extreme fear that had been instilled.¹⁰³ Defence expert General Radinovic generally described those facilities where women were kept as “collection centres”, as opposed to “detention centres”, that is, facilities in which supervision is minimal and mainly concentrated on keeping unauthorised persons from entering the premises.¹⁰⁴ This witness also said that his conclusions are based solely on the documents of the Herzegovina Corps, and that he never toured those premises or even talked to former detainees.¹⁰⁵
The same restrictions on the movement of detainees applied at Partizan and Kalinovik High School.¹⁰⁶ FWS-87 said that at Partizan, they were allowed to go in the courtyard in front of the hall but not any further.¹⁰⁷ FWS -95, who knew one of the guards, mentioned, however, that she was sometimes allowed to go to town to do some shopping but that no other woman was allowed to do the same.¹⁰⁸ The same applied at Kalinovik High School apart from the first 10-15 days when some detainees were allowed to go out to buy some food for the people held there.¹⁰⁹
According to various witnesses, all this was happening in full view and with the knowledge of the local authorities. FWS-192 stated that the chief of the police and the president of the SDS (“Serb Democratic Party”) in Kalinovik came to the school to inspect it.¹¹⁰ Likewise , on their way from Buk Bijela to Foca High School, the buses with the Muslim women stopped for several minutes in front of the SUP, the local police station. Some of the soldiers who were in the bus got off and entered the police station or talked to the chief of Foca’s police, Dragan Gagovic, in front of the buses.¹¹¹ In addition, several witnesses saw Dragan Gagovic at or in the vicinity of Partizan .¹¹² When they tried to seek the protection of the police, the women were treated rudely and their complaints were ignored. FWS-95 said that she went twice to the police with FWS-48 and FWS-51 to complain about their treatment.¹¹³ On the second occasion, FWS-48 personally complained to Dragan Gagovic. However , no action was taken to address the women’s complaints and the conditions did not improve.¹¹⁴ One night in mid-July , as she was trying to escape, FWS-183 tried to seek refuge in the police building but as she was approaching it, the policeman standing guard hit her with the butt of his rifle.¹¹⁵
Numerous witnesses stated that soldiers and policemen would come constantly , sometimes several times a day; they would point at women and girls or call them by their names and take them out for rape. The women had no choice but to obey those men and those who tried to resist were beaten in front of the other women.
Witnesses described how, as soon as they arrived at Foca High School, women and girls were either taken out of the school, or into the classrooms where they were raped.¹¹⁶ They would sometimes be raped together. Each one of them would be assigned to a soldier and raped by him. Thus, in early July, FWS-50, FWS-75, FWS-87 and FWS-95 were taken together from the main room at Foca High School and brought to another classroom where they were raped by several soldiers.¹¹⁷ FWS-50, FWS-75, FWS-87, FWS-95, FWS-48, FWS-105 and many other women recounted being raped at least once or on several occasions during their time at Foca High school .¹¹⁸ The girls and women were generally taken for a few hours and returned, sometimes overnight, and some of them were taken away every day. After about 10-15 days, most of the women were transferred to Partizan Sports Hall.
At Partizan, witnesses testified that the pattern of rapes was similar and the frequency of rapes and number of soldiers even higher. FWS-51, FWS-50, FWS-75 , FWS-87, A.S., FWS-95, FWS-48, FWS-105 and D.B. testified that they and many other women and girls were taken out to be raped, most of them many times.¹¹⁹ Some women who testified before the Trial Chamber had been taken out so often, by so many soldiers, that they were consequently unable to assess with precision the number of times they had been raped. FWS-95 roughly estimated that during the entire period of her detention at both Foca High School and Partizan, that is, about 40 days, she was raped approximately 150 times.¹²⁰
Some of the soldiers who came to Partizan to take out women had also been to Foca High School.¹²¹ For example , the chief of Foca’s police, Dragan Gagovic, was seen by some witnesses at both locations.¹²²
The guards at Partizan, as had been the case at Foca High School, did not try to prevent soldiers from entering the hall. FWS-95 stated, however, that one guard once tried without success to stop soldiers from entering the hall. The soldiers told him that they had a document signed by Dragan Gagovic which allowed them to enter the hall and to take women out; the document allegedly stated that soldiers needed to have sexual intercourse to improve their fighting spirit.¹²³ FWS-48 stated that some soldiers told her that they were ordered to rape their victims .¹²⁴ The process of selection was similar to that at Foca High School: soldiers entered the hall, pointed at women or called their names, took them out, raped them and brought them back. As their stay at Partizan was drawing to an end, the women and girls continued to be taken out more and more often.¹²⁵ FWS- 95 stated that the night before she and the other detainees were released from Partizan , she was taken out together with FWS-90, brought to a stadium and raped by many soldiers, mostly by two at the same time.¹²⁶
The house at Ulica Osmana Đikica no 16 served as the soldiers’ headquarters and meeting point. Some of the men lived there more or less permanently; among them were Dragan or Dragutin/Dragomir Vukovic (aka “Gaga”), Miroslav Kontic (aka “Konta”), DP 7, DP 8, Jure Radovic, Dragan Toljic (aka “Tolja”), Bane, Miga and Puko.¹²⁷ FWS-50, FWS-75, FWS-87, FWS-48, FWS-95, D.B. and FWS-105 were all brought to this house at some point and raped.¹²⁸ Some other women and girls were also taken to this house on several occasions for similar abuse.
Some of the women from Partizan and Kalinovik High School were at some point moved to different houses and apartments where they continued to be raped and mistreated . In particular, at “Karaman’s house” in Miljevina, soldiers had easy access to women and girls whom they raped. FWS-75, FWS-87, A.S., FWS-132, FWS-190, D.B. and other women were kept in this house for some time.¹²⁹ There, they were raped many times by many different soldiers. On 3 August, FWS- 75, FWS-87, D.B. and FWS-190 were taken from Aladza to Miljevina where they were handed to DP 3, the man who appeared to be in charge of “Karaman’s house”.¹³⁰
Some women were kept in private apartments. Some spent a few days in one place before being moved to another apartment, generally with different soldiers. Thus , for example, according to their testimony on or about 30 October 1992, FWS-75, FWS-87, A.S. and A.B., a girl aged twelve years at the time, were moved from “Karaman’s house” and taken to a apartment in the so-called Lepa-Brena block in Foca.¹³¹ FWS-75 and A.B. spent about 20 days in this apartment during which they were constantly raped by the two occupants of the apartment and by other men who visited.¹³² In mid-November, the two women were taken to a house near the Hotel Zelengora. They stayed in this house for approximately 20 days during which they were continually raped by a group of soldiers. This group of soldiers subsequently took them to yet another apartment where they continued to rape them for about two weeks.¹³³ On or about 25 December 1992, they were brought back to the apartment in the Lepa Brena block. A.B. was sold for 200 DM and never seen again; FWS-75 was handed to DP 1.¹³⁴ While in the Lepa Brena apartment, the women were locked in and permitted no contact with the outside world .¹³⁵
Similarly, FWS-186 and FWS-191 were kept in a house in Trnovace for several months. On 2 August 1992, they, together with five other women, were taken out of the Kalinovik High School and brought to a house in Aladza.¹³⁶ FWS-191 was told that the women were “rewards” for the Serbs who had captured the Rogoj pass that very day.¹³⁷ FWS -186, FWS-191 and J.G. were then transported from that house in the Aladza neighbourhood to a house in Trnovace.¹³⁸ After only three to five days, J.G. was taken to “Karaman’s house”. The other two women stayed in the Trnovace house for approximately six months. During this period, the women had no control whatsoever over their lives and choices.¹³⁹
In the meantime, Muslim houses and apartments in Foca and neighbouring municipalities were targeted, destroyed and burnt down.¹⁴⁰ FWS-52 described how, in the course of the attack on her village, Muslim houses were systematically set on fire by Serb soldiers. According to him, out of the 40 Muslim houses in the village, only six remained intact.¹⁴¹ FWS-33 said that two thirds of the Muslim houses in the Donje Polje area of Foca were burnt,¹⁴² while FWS-65 describes how the fire brigade remained idle whilst a Muslim house was burning.¹⁴³ He also said that the burning of Muslim houses continued at least until May 1992 , that is, well after the end of the actual fighting in Foca, when he would see one or two houses being set on fire every day.¹⁴⁴ Serb properties were generally spared.¹⁴⁵ FWS-78 stated that the fire brigade was protecting Serb houses from the spreading fire.¹⁴⁶ Witness DA said that Serb houses burned too, in particular in Prijeka Carsija, Aladza and Sukova,¹⁴⁷ and that entire Muslim villages were burnt down.¹⁴⁸ He stated that he was not aware of any criminal proceedings being initiated against the arsonists.¹⁴⁹ Generally, attacks concentrated on Muslim neighbourhoods and villages,¹⁵⁰ although witness DA said that some ethnically mixed neighbourhoods such as Sukovac and Prijeka Carsija were also targeted.¹⁵¹
Muslim shops or apartments were looted¹⁵² and valuables were taken away from the Muslims.¹⁵³ In addition, several witnesses stated that before they were allowed to leave, Muslim civilians were sometimes forced to relinquish their properties by signing formal title deeds.¹⁵⁴
Prosecution witnesses testified that every mosque in Foca was destroyed, one after the other.¹⁵⁵ FWS-65 saw the mosque in Donje Polje burning and the fire brigade doing nothing to stop the fire .¹⁵⁶ The last standing mosque in Foca, the Aladza mosque, was blown up on 1 August 1992, well after the end of the fighting and at a time when the town was securely under Serb control.¹⁵⁷ Defence witness Velimir Djurovic said that, when this mosque was blown up, there were no Muslim fighters left in town. He suggested that there might have been an ammunition cache in the mosque which would have justified targeting it.¹⁵⁸ Defence witness DQ stated, however, that two mosques were actually still standing in Foca at the time of trial, including one in Donje Polje.¹⁵⁹ The aerial photos taken after the fighting show the destruction of every single mosque during that period.¹⁶⁰ Defence witness Velimir Djurovic said that he heard on Radio Foca that places of worship should not be destroyed and that Muslims should not be expelled; he could not say if anyone was ever prosecuted for their destruction.¹⁶¹ Likewise, Defence witness DA, who at some point was a member of a commission charged with assessing damages, also mentioned the existence of orders prohibiting arson and damage to religious buildings, but admitted that they were not followed, adding that he could not explain how the mosques were destroyed or burnt.¹⁶²
As a consequence of the concerted effect of the attack upon the civilian population of Foca and surrounding municipalities, all traces of Muslim presence in the area were effectively wiped out. Muslim civilians, but for a handful, had been one way or another expelled from the region. According to the 1991 Census, Foca municipality had a pre-war population of about 40,513 inhabitants of whom 52% were Muslim. According to the Prosecutor’s evidence, only about ten Muslims remained at the end of the conflict.¹⁶³ Witness DR conceded that none of her Muslim friends lived in Foca anymore.¹⁶⁴ In January 1994, Foca was renamed Srbinje by reference to the fact that it is now almost exclusively inhabited by Serbs.¹⁶⁵ The town is now part of Republika Srpska.

B. Role of the accused

1. Background of the accused
(a) Dragoljub Kunarac
The accused Dragoljub Kunarac, nicknamed “Zaga”, was born on 15 May 1960 in Foca as the son of Alekso and Stojka Kunarac. Before his surrender to the International Tribunal he lived in Unjaza Nikole 2-5 in Foca. For several years before the war in 1992 he had lived in the town of Tivat in Montenegro. He received his nickname , which translates as “saw”, from the fact that as a child he used to play with a saw in the compound of his father, who was a carpenter and woodworker by profession . During his time in the army, prior to the war, he had been trained in mine clearing and the use of explosive devices.
The accused Dragoljub Kunarac stipulated that he was the leader of a permanent reconnaissance group of about 15 men (including Montenegrin soldiers), the actual members of which changed, and that he would choose the soldiers for any particular field assignment himself. In addition, he admitted that this group was part of the local Foca Tactical Group or brigade. An order by the commander of the Foca Tactical Group of 7 July 1992¹⁶⁶ to break the siege of Goražde mentions an instruction to the “Independent Zaga Detachment ” to participate in the mopping-up of settled areas in the direction of the 5th Battalion’s attack.
At least four soldiers from Montenegro, among them Dragomir “Gaga” Vukovic, Jagos Kontic, and DP 7, who were members of this group, lived in the house at Ulica Osmana Dikica no 16 in the Aladza neighbourhood of Foca. The accused Dragoljub Kunarac had free access to it.¹⁶⁷ It is not clear from the evidence, however, that it served as the accused’s headquarters as charged in the Indictment. Dragoljub Kunarac also stipulated that rapes may have occurred at Ulica Osmana Dikica no 16, although he denied having heard about them before 3 August 1992.¹⁶⁸
(b) Radomir Kovac
Radomir Kovac was born on 31 March 1961 in Foca as the son of Milenko Kovac . His nickname is “Klanfa”. He was a permanent resident of Foca, living in Samoborska Street. During the armed conflict, Radomir Kovac was a member of a military unit , formerly know as the “Dragan Nikolic unit”, and led by DP 2.¹⁶⁹
(c) Zoran Vukovic
Zoran Vukovic, son of Milojica, was born on 6 September 1955 in Brusna, a village in the municipality of Foca. He lived in Foca and worked as a waiter and driver before the armed conflict. During the armed conflict, according to witnesses FWS -190, FWS-191 and Osman Subasic, he was a member of the same military unit as the accused Radomir Kovac.¹⁷⁰

2. Evidence related to the charges
(a) FWS-87

(i) Testimony of witness FWS-87

In April 1992, witness FWS-87 was about 15˝ years old. She is the sister of witness D.B.¹⁷¹
On 3 July 1992, FWS-87’s village, Trosanj, was attacked by Serb forces and the Muslim villagers were captured by the Serb soldiers. The men were taken to one side and the girls and women, including the witness, were taken from the woods near Trosanj down to Buk Bijela.¹⁷² From Buk Bijela, the witness was transferred to the Foca High School, and from there to Partizan.¹⁷³
FWS-87 could not remember with any precision the dates alleged in paragraph 5.2 of Indictment IT-96-23 (between 13 July and 1 August 1992) during her testimony in court. Nor could she remember the dates of her previous witness statements to the Prosecution, which were introduced by the Defence.¹⁷⁴ FWS-87 testified that she was transported from Buk Bijela to Foca High School, on 3 July 1992.¹⁷⁵
She stayed at Foca High School for about two weeks from 3 July 1992, and thereafter at Partizan Sports Hall until 2 August 1992.¹⁷⁶ She recalled being taken to the Brena block by Dragan Zelenovic on one occasion, but that apparently happened while she was still at Foca High School, not during her time in Partizan. More importantly, she did not remember the accused Zoran Vukovic at all in connection with the events that happened during her stay at Partizan .¹⁷⁷
This witness stated that at Foca High School girls were taken out very frequently , almost every other night, by soldiers. She recalled being taken out several times herself,¹⁷⁸ including one occasion on which Dragan Zelenovic took her to the Brena building.¹⁷⁹ On other occasions that she could not identify with more precision, she was taken out with other girls.¹⁸⁰ She could not remember having been raped by the accused Zoran Vukovic on any occasion when she was taken out.¹⁸¹
On one occasion, the exact date of which the witness was not able to remember , five soldiers entered the main classroom of the Foca High School; among them were Dragan Zelenovic, Zoran Vukovic and DP 1. The names of five women were called and those women were taken to another classroom, including FWS-50 who was immediately taken out of the room by one of the soldiers. The witness herself, FWS-75, FWS- 88 and D.B were also called out, although D.B. was returned to the large room and replaced by FWS-95. Dragan Zelenovic ordered each of the girls to go to a certain place in the room, and assigned a soldier to each of them. FWS-87 recalled that she was assigned to Zoran Vukovic. He ordered her to lie down, took off her clothes and raped her vaginally. The other women were being raped at the same time in that room; the witness could hear sounds of somebody beating someone coming from the corner where FWS-95 had been told to go, and that DP 1 was swearing at her. Afterwards the women were returned to the main classroom.¹⁸²
The witness recalled seeing Zoran Vukovic twice: once when she was raped by him at Foca High School and later when he came to Radomir Kovac’s apartment to have Radomir Kovac’s uniform cleaned.¹⁸³ FWS-87 did not remember any involvement of the accused Zoran Vukovic in the rapes apart from the incident mentioned above. She stated that she did not know him from before the war, but that some other women from the group at Foca High School knew him and told her who he was.¹⁸⁴ This testimony seems to contradict a previous statement by her to the Prosecution on 19 and 20 January 1996,¹⁸⁵ when she had said that she knew him by sight, as well as his wife who used to work in a tobacco store and news kiosk. In another statement of 4 and 5 May 1998 she had stated that she did not know him personally before the war.¹⁸⁶ When asked in court about this discrepancy she said she did not know what she had meant to say, but that perhaps she had seen him prior to the war.¹⁸⁷
FWS-87 recalled being taken out from Partizan, where she had been transported after her two-week stay in Foca High School, to a house situated in the street Ulica Osmana Dikica by the accused Dragoljub Kunarac at least twice; once around 2 August 1992, which forms the basis of the charges under paragraph 5.4 of the Indictment , and once prior to that. She was unable to testify with any accuracy as to the latter date but her testimony falls within the period under paragraph 5.2. FWS- 87 could not, however, remember what happened on this earlier occasion, with whom she was taken to the house, if she was assaulted and, if so, by whom.¹⁸⁸
FWS-87 stated that she was taken by the accused Dragoljub Kunarac in his car to Ulica Osmana Dikica no 16 about a day or two before she was taken to Miljevina . With her were FWS-75, FWS-50 and D.B. When they arrived at Ulica Osmana Dikica no 16, FWS-190 was already there, as were several Montenegrin soldiers.¹⁸⁹ It appeared to her that the accused Kunarac had authority over the soldiers assembled there.¹⁹⁰
On that night, FWS-87 said, she was raped by the accused Kunarac in a room next to the kitchen, by an older man whose name she did not remember, and by another with the name of Toljic (nickname “Tolja”). Her testimony did not refer specifically to an event mentioned by FWS-75, namely, the rape of FWS-87 by “Bane” which allegedly took place in the car, nor did FWS-87 mention that she informed FWS-75 about this .¹⁹¹
The next morning, FWS-87 testified, she was taken from Ulica Osmana Dikica no 16 to Karaman’s house in Miljevina by DP 3 and two other men, whose names she did not remember.¹⁹²
FWS-87 testified that she stayed at Karaman’s house for a period close to two months, and during that time was continuously raped by Serb soldiers, as were the other girls in the house. They were also forced to do household chores like washing , cooking, laundering and cleaning. She recalled that three soldiers lived in the house more or less permanently, namely Radovan Stankovic, Nedzo Samardzic and a certain Nikola. DP 3 appeared to be in charge of the house. At the beginning, D.B., FWS-75 and FWS-190 were brought there with her, but FWS-190 was taken away shortly thereafter. Later A.S., A.B., who was about 12 years old at the time, FWS -132 and another woman¹⁹³ joined them there.¹⁹⁴
All that the witness could remember in court about the accused Kunarac is that she once saw him at Karaman’s house, when he had a cast on his body. On that occasion he took her to a room on the upper floor of the house and raped her vaginally.¹⁹⁵
However, in a statement dated 20 January 1996,¹⁹⁶, she did not mention the accused Dragoljub Kunarac at all with respect to any events in Karaman’s house. In another previous statement to the Prosecution dated 5 May 1998,¹⁹⁷ she had explained that the rape occurred not long after she was brought to Karaman’s house, and that Dragoljub Kunarac had a plaster on that occasion. In addition, in the same statement she declared that Dragoljub Kunarac was there “very often, less than five times” during her detention.¹⁹⁸
FWS-87 stated that after about two months at Karaman’s house she was taken away from there together with FWS-75, A.S. and A.B. by Dragan Zelenovic, DP 6 and , she believed, DP 1, to a fish restaurant in the Ribarsko settlement, and then the day after to the apartment of Radomir Kovac in the Lepa Brena building.¹⁹⁹ She recalled that this move took place sometime around the end of September or beginning of October.²⁰⁰ In an earlier statement dated 20 January 1996,²⁰¹ she had placed the events around the middle of October 1992.
The witness did not know the accused Dragoljub Kunarac before the war. She first saw him at Partizan when he came to pick up girls.²⁰² He would come from time to time, every third night, with other soldiers. He would pick up a couple of girls and take them with him. The witness was personally taken by Kunarac on at least two occasions to Ulica Osmana Dikica no 16, and he raped her on both occasions. He also brought her to a house in front of the bus station , before she was ever taken to the house in Ulica Osmana Dikica no 16. She also recalled that “Zaga” took her away from Partizan on other occasions but she did not recall whether she was raped by him on those other occasions.²⁰³
FWS-87 testified that she stayed at the apartment of Radomir Kovac in the Lepa Brena block for about four months, and had almost daily contact with him. She was raped by him vaginally and orally almost every night, and sometimes also by Jagos Kostic who lived in the apartment together with the accused Kovac. FWS-75 was also raped by Radomir Kovac, and A.S. would generally be raped by Jagos Kostic.²⁰⁴ During her time in the apartment, the girls were frequently threatened with murder ; they were locked up and had no contact whatsoever with the outside world.²⁰⁵ While in the apartment, the girls were obliged to cook, clean and wash clothes.²⁰⁶
During the Prosecution’s case in rebuttal, FWS-87 reaffirmed that apart from A.S. and herself there were two other girls kept in Radomir Kovac’s apartment. She added that these two girls only stayed for a short period, perhaps 7 days.²⁰⁷
FWS-87 recalled several incidents when she had to strip in front of Radomir Kovac. She stated that on one occasion in Radomir Kovac’s apartment, she, FWS-75 , A.S. and A.B. had to undress and stand beside each other, while Radomir Kovac and Jagos Kostic, who were both armed at the time, looked at them.²⁰⁸
On another occasion, Radomir Kovac forced her alone to undress, climb on a table and dance to music. While he was watching her, he pointed a gun at her. FWS-87 was frightened and ashamed; she had the feeling that Radomir Kovac owned her.²⁰⁹
A third incident took place in another apartment, the location and date of which the witness could not remember. She recalled that again the women were made to undress and get on a table. Radomir Kovac threatened to take them to the river and kill them. He actually walked them to the river, although the witness recalled that they were allowed to put on clothing; he eventually returned them to the apartment .²¹⁰
In her evidence in rebuttal, regarding her alleged relationship with Radomir Kovac FWS-87 stated that she went out to cafés with Kovac because he wanted her to go, not because she herself enjoyed it. She said that she was never introduced to other people on these occasions and could not remember him introducing her as his girlfriend.²¹¹ FWS-87 denied that she ever cried when she heard about Kovac’s injury and that she ever asked to go to see him at the hospital.²¹² FWS-87 explicitly rejected all Defence allegations that she told others that she had been saved by Kovac, that she was in love with him and that she had sent him a love letter from Montenegro via a man from Foca nicknamed “Panta” to thank him .²¹³ FWS-87 underlined that she had no reason to be grateful to Kovac since he and Jagos Kostic, the other resident of Kovac’s apartment had raped her and Kovac had sold her.²¹⁴ FWS-87 stressed that there was not much difference between her situation in Karaman’s house, in Kovac’s apartment or in Montenegro where she ended up after being sold .²¹⁵ To FWS-87, the only difference were the number of people who raped her at each location.²¹⁶
As to her alleged freedom of movement, FWS-87 repeated during the rebuttal case that the girls were locked in Kovac’s apartment and that there was no way for them to get out.²¹⁷ She stated that she knows FWS-191 but that she never went to any café together with her.²¹⁸ She recalled that they received food from Kovac’s neighbour, witness DK, several times.²¹⁹ The food was passed to the girls on a rope through the windows of the apartment. FWS-87 denied having told DK that they had lost they keys to the apartment as they never had any keys in the first place.²²⁰ FWS-87 further denied that Kovac’s mother or children came to bring food for the girls.²²¹ FWS-87 recalled that Kovac would leave some food behind when he would leave for periods of up to 7 or 14 days.²²² FWS-87 further recalled that they had no sanitary supplies and she never received hygiene towels from Kovac.²²³
Sometime in February 1993, she and A.S. were sold by Radomir Kovac to two Montenegrin soldiers for 500 Deutschmarks each. Those soldiers took them eventually to Niksic and Podgorica in Montenegro where they were also raped and had to work as waitresses in cafés; they managed to escape around 5 April 1993.²²⁴ During the rebuttal case, FWS-87 added that she and A.S. overheard a conversation between Kovac and two Montegrins who had come to Kovac’s apartment, in which they were discussing the sale of the girls. FWS-87 rejected the Defence submission that Radomir Kovac might have paid these men for taking the girls to Montenegro.²²⁵ In particular, FWS-87 stated that Radomir Kovac had not sold his TV before they left for Montenegro.²²⁶

(ii) Supporting evidence
Other witnesses testified about the relevant dates and the events recounted by FWS-87 in her testimony. FWS-105 testified that her village was attacked on 3 July 1992²²⁷ and that FWS-87, along with FWS-75, FWS-88 and D.B., was taken with her to Buk Bijela, from where they were taken to Foca High School, where they stayed about 13-15 days before being transferred to Partizan.²²⁸ This sequence of dates and events is confirmed by D.B., who said that she was with FWS -87 for 10-15 days at Foca High School before being taken with FWS-87 to Partizan .²²⁹
Several witnesses explained that Foca High School served as a facility where Muslim women were housed for a short period after the town of Foca had been taken over by the Serbs. Serb soldiers guarded the area outside the school and two guards patrolled the corridors. Among the women held there, according to their testimony before the Trial Chamber, were witnesses FWS-51, FWS-62, FWS-50, FWS-75, FWS-95, FWS-96, FWS-48, D.B. and FWS-105.²³⁰
The incident in Foca High School, in which soldiers called women out of the main classroom, took them to another classroom and raped them, was also referred to by FWS-75 and FWS-50 in their respective testimonies. FWS-50 recalled the incident to have taken place on her second day at Foca High School; she further explicitly mentioned FWS-87 as one of the women who were called out and raped.²³¹ FWS-75 was not sure of the date when the incident took place but clearly recalled that FWS-87 was among the victims who were raped. FWS-75 testified, however, that FWS-87 was raped by a man unknown to FWS-75. FWS-75 had seen Zoran Vukovic, the man that FWS-87 claimed had raped her in the Foca High School, at Buk Bijela when he led her uncle away.²³² FWS-96 recalled that some women were taken to another room during her very first night at Foca High School. She testified that FWS-88, FWS-75, FWS-87, FWS-74 and FWS- 95 were amongst these women, and that they were in a terrible state when they were returned from the adjacent room. FWS-96 did not mention Zoran Vukovic in this context .
FWS-96 testified that FWS-87 was taken out of Foca High School almost every day, mostly by DP 1.
FWS-75 and D.B. both stated that they were taken by Dragoljub Kunarac and “ Gaga” Vukovic to Ulica Osmana Dikica no. 16 together with FWS-87. FWS-50 also recounted this incident but did not mention that it was the accused Kunarac who took the women there. Further, FWS-75 did not mention Kunarac as having raped FWS-87. However , she recalled having seen FWS-87 being raped by a certain “Bane”. D.B. recalled seeing Kunarac in the house only before the explosion of the Aladža mosque, when he came to the kitchen.
Several witnesses further testified that women and girls who were held at Partizan were assaulted or taken out by Serb soldiers and raped on a regular basis.²³³ FWS-75 expressly recalled that she and FWS-87 were very often taken out by soldiers . FWS-62 stated that Serb soldiers would frequently come and take women away.²³⁴ On one particular occasion she saw three soldiers storming into Partizan, one of whom proceeded to rape a woman who was sleeping next to her 10-year-old child.²³⁵ FWS-51 declared that “there was never any peace for us” and that women were being led away all the time, some of whom never returned.²³⁶ FWS-50 testified that soldiers would come to Partizan almost every day and pick out girls. They were kept for periods ranging from a few hours to several days. She herself was taken out very often, although not necessarily every day, but then sometimes three days in a row.²³⁷ Similar statements were made by FWS-95, FWS-96, D.B. and FWS-105 relating to themselves and to others detained in Partizan.²³⁸ FWS-50, FWS-75, D.B., FWS-95, FWS-48 and FWS-105 further testified that they were taken to the house in Ulica Osmana Dikica no 16 where they were raped.²³⁹
The testimony of FWS-75 further supports the statement of FWS-87 that they were taken together by Dragoljub Kunarac in a car to Miljevina. FWS-75 recalled having seen Kunarac in Karaman’s house taking a woman with him to another room but could not remember whether this woman was FWS-87 or D.B.²⁴⁰ D.B. did not see Kunarac take a woman into a room, but confirmed that she saw him with FWS-87 in the living room.²⁴¹
Whereas the testimonies of FWS-87 and FWS-75 differ slightly in respect of the length of their stay in Karaman’s house and the approximate dates they were taken to Radomir Kovac’s apartment, both witnesses testified that they were brought to Kovac’s apartment in the Lepa Brena building together with A.S. and A.B. FWS -191 recalled that she saw three girls, including FWS-87, in Kovac’s apartment when she went there, but was not sure about a fourth one.²⁴²
FWS-75 further testified that all four girls were sexually assaulted and raped while in Radomir Kovac’s apartment.²⁴³ A.S. confirmed that FWS-87 had to sleep in a room with Kovac and that FWS-87 not only had “obviously” been raped, but that she, FWS-87, had confirmed this fact to A.S. later. In addition, A.S. testified that she could hear when Kovac raped FWS -87, since she herself was sleeping in the next room.²⁴⁴
FWS-191 supports the testimony of FWS-87 as to the girls being locked up in the apartment. FWS-191 clearly denied that she ever went to café Leonardo with FWS-87. She further underlined that it is inconceivable that FWS-87 or for that matter any Muslim girl could have moved around Foca freely and that she herself only felt secure enough to walk about alone at the end of 1993.²⁴⁵
Like FWS-87, witness A.S. recalled one incident, which she could not tie to an exact date, when she, together with FWS-87 and A.B. was ordered to strip by Radomir Kovac and forced to dance naked. A.S. could not recall, however, whether FWS-75 was amongst this group and whether there were other soldiers besides Kovac and Jagos Kostic.²⁴⁶
The testimony of FWS-87 concerning her sale to other soldiers for 500 Deutschmarks is supported by A.S. who testified that she and FWS-87 were sold by Radomir Kovac to two Montenegrin soldiers and were, eventually, taken to Niksic and then to Podgorica in Montenegro.²⁴⁷

(iii) Defence evidence of the accused Dragoljub Kunarac

The Defence for the accused Kunarac relied upon a defence of alibi for the following periods:²⁴⁸
(a) from 7 July 1992 until 21 July 1992;
(b) from 23 July 1992 until 26 July 1992;
(c) for 2 August 1992; and
(d) from 3 August 1992 from 5 pm until 8 August 1992.
The allegations against the accused Kunarac covering this period of time relate to several witnesses but the alibi evidence will be discussed together. The fourth period will be presented below in the context of the evidence given by FWS-191.

a. From 7 July 1992 until 21 July 1992
According to the testimony of the accused, he spent the period from 7 July 1992 until 21 July 1992 in and around Cerova Ravan, an area which the Serb side was trying to control. Prosecution Exhibit 2, an Order from Colonel Marko Kovac relating to the liberation of Goražde mentions Kunarac’s unit as “Zaga’s Independent Detachment” and refers to its involvement in the above-mentioned operation. Prosecution witness Osman Subasic also said that Dragoljub Kunarac and his unit were involved in military operations in the Cerova Ravan area at the time.²⁴⁹
During his testimony, Dragoljub Kunarac said that on 7 July 1992, he and his group were ordered to go to Cvilin;²⁵⁰ he said that he spent that day and the night nearby, in Sorlaci.²⁵¹ Apart from his reconnaissance duties, Kunarac said that he also undertook to re- supply the troops with food. As the road had been cut off near Odrina by a landslide due to the rain, Kunarac stated that he could only go that far, and that from there he would load the food in his car and go back again. The truck which was supplying the food from the other side of the slide would return straight away, in the opposite direction.
Witness Blagojevic, also a member of the 5th Battalion, mentioned that on 7 July 1992, an operation was launched by Serb forces against Cerova Raven which was held by the Muslim forces.²⁵² On the morning of 7 July, he saw Dragoljub Kunarac in this area.²⁵³ He did not know him prior to this encounter but had already heard about his reputation as a fighter. He also knew that his nickname was “Zaga”. Someone from Blagojevic’s unit told him who he was. On that occasion, the witness said that Kunarac was with 5 to 6 other men whom the witness did not know.²⁵⁴ He heard that they were volunteers from Montenegro and was able to hear the names or nicknames of some of them, including “Miga”, “Gaga” and Goran Ilindzic.²⁵⁵ They were dressed in various types of uniforms or civilian clothing, without noticeable insignia. The witness added that they were carrying automatic weapons and bombs and that Kunarac also had a radio transmitter.
Witness Blagojevic recalled that on 7 July 1992, rain poured heavily.²⁵⁶ At that point they were in Gradina, after which they went to Sorlaci, approximately 3 to 4 kilometres away, to dry their clothes and spend the night there.²⁵⁷ They all went on foot apart from Dragoljub Kunarac and his men who had a vehicle .²⁵⁸ However, they too eventually had to proceed on foot due to a problem on the road.²⁵⁹ On the morning of 8 July 1992, Dragoljub Kunarac stated that he was in Gabelic Kosa .²⁶⁰ He said that from that day onwards, food was transported by car to the village of Gabelic and from there it was carried to every individual soldier. Kunarac said that he was the one who would generally drive the car to get the food. The first time he did so was on 9 or 10 July 1992.²⁶¹ He had also been ordered to check the condition of the section of the road from Gabelic to the stream, near a house known as the house of “Branko” towards Gabelic Kosa; the road was impassable .²⁶² He then received the order to drive his car along that section as he had done the day before with food and ammunition.
Witness Blagojevic said that on 8 July 1992, they went back to the Gabelic Kosa and the Gradina and that they stayed there.²⁶³ Due to the disruption of the road, food and other supplies were brought to Odrina and from there would be taken over and distributed by Dragoljub Kunarac.²⁶⁴ Dragoljub Kunarac would bring food to Gabelic Kosa.²⁶⁵ He would do that just before nightfall or early morning and would generally be shot at when doing so.²⁶⁶
The accused Dragoljub Kunarac said that, because of the heavy rain, the road needed first to be cleared in order for a self-propelled howitzer to reach them and get into action. Clearing and enlargement of the road took place on two sections of the road: first, the bulldozer arrived at Gabelic Kosa between 18 and 19 July 1992 but did not get into action before 21 July 1992.²⁶⁷ The section of the road up to Gabelic Kosa was cleared on 18 July. Prior to that , the bulldozer had been enlarging a section of the road between Cvilin and the stream.²⁶⁸ The bulldozer then went on to clear the road towards Cerova Ravan which went round about via Josanica.²⁶⁹ According to Kunarac, they needed an extra 2 kilometres to connect the two roads together and allow the howitzer to reach Cerova Ravan. The vehicle started coming towards them on 14 or 15 July, it first went to Gabelic Kosa (on 18 July) and then was moved to Cerova Ravan (21 July). On 21 July 1992, the howitzer eventually entered into action and shelled the enemy.²⁷⁰ Kunarac and 10 volunteers were given an assignment to launch an infantry attack on the bunkers that had been destroyed by the howitzer. Kunarac said that he himself stormed the first of these bunkers.²⁷¹
Asked about witness Subasic’s comment that on 19 July 1992, seeing the howitzer arriving, the Muslim fighters left the area, Dragoljub Kunarac conceded that it might have been true as Muslim infantry’s resistance was indeed weak. Kunarac also acknowledged that they did not find a single dead enemy.²⁷² However, he questioned witness Subasic’s testimony regarding the timing of the bulldozer’s arrival. Kunarac said that the bulldozer was visible to the Muslim forces only from 15 July until the end of the attack, that is, 21 July.²⁷³
Dragoljub Kunarac claimed that he spent the night of 7 July 1992 in Sorlaci and all the other nights until 21 July at Gabelic Kosa just like all the other men .²⁷⁴ He asserted that during that period, they tried to attack the enemy’s position but that they could do nothing without the howitzer. The attack had started on 9 July but it only ended on 21 July.²⁷⁵
During the period from 6 to 21 July, Dragoljub Kunarac said that he passed only once through Foca.²⁷⁶ He claimed that on 21 July 1992 he went back to Foca for the first time since 23 June.²⁷⁷ He testified that on that day he brought a soldier named Miletic to the hospital after this man had been injured during the fighting. In order to support this claim , the Defence produced a letter of discharge from the Hospital in Foca concerning a soldier named Goran Mirjacic who was hospitalised on 21 July.²⁷⁸ Witness Blagojevic testified that the man in question was called Goran Ilincic.²⁷⁹ Kunarac said that after taking the man to the hospital, he went home to his mother’s where he spent the night of 21 to 22 July.²⁸⁰
Witness Blagojevic said that on 21 July, the howitzer went into action and Cerova Ravan was taken.²⁸¹ He explained that, before the vehicle could reach them, the road had to be enlarged for the vehicle to pass. He added that the fact that the bulldozer was exposed to enemy fire slowed their action and it took 2 to 3 days to clear it, starting from 17 July.²⁸² The witness also stated that on that day, Goran Ilincic, one of Kunarac’s men was injured²⁸³ and that he was taken away personally by Kunarac in his car to Foca.²⁸⁴
Witness Blagojevic added that he saw Dragoljub Kunarac during the whole period between 7 July and 21 July because Kunarac was attached to his company.²⁸⁵ He said that sometimes Kunarac would go towards the Muslim positions to reconnoitre , but added that Kunarac could not have gone to Foca without the witness noticing .²⁸⁶ He said that Kunarac was a source of confidence for everyone and that soldiers would have felt insecure if he had left. During that whole period, he said that they would generally spend the nights in tents. Kunarac slept on the terrain with them for the duration of the operation.²⁸⁷ This witness added that Dragoljub Kunarac’s tent was just next to his.²⁸⁸ He conceded, however, that he could not see what happened in the tent nor did he follow Kunarac while the latter was reconnoitring.²⁸⁹ He argued nevertheless that there would be guards positioned around the tents, in shifts of 2 to 3 soldiers.²⁹⁰ He said that before midnight no one would sleep and afterwards guards were organised until 4 or 5 am in the morning.²⁹¹ After the completion of the operation, on 21 July, the witness rarely saw Kunarac .²⁹²
On 22 July 1992, Dragoljub Kunarac claimed that he went back to the hospital and from there to his headquarters where he was given oral orders by the battalion commander to go to the Dragocava position near Slatine²⁹³ and that he should leave on 23 July. He spent the night from 22 to 23 July at his parents’ house again which was located near the church next to the orthodox cemetery in Foca.²⁹⁴

b. From 23 July 1992 until 26 July 1992
The accused Dragoljub Kunarac said that on 23 July a siren sounded calling soldiers to report. He therefore went to the secondary high school where the 5th battalion was assembling.²⁹⁵ On his way, Kunarac said that he came across soldiers and spontaneously volunteered to join them on a reconnaissance mission in the direction of Previla.²⁹⁶ Together with these men, Kunarac drove to the 2nd battalion command in Previla where he arrived at around 8.30 am. That day, Kunarac said that he was operating within the areas of responsibility of the 2nd and 3rd battalions. Since he was not able to find the commander of the 2nd battalion, he decided to act on his own authority but he insisted that he acted in accordance with the orders of the brigade commander .²⁹⁷
Witness Gordan Mastilo said that he first met Dragan “Zaga” Kunarac on 23 April 1992, between 9 am and 9.30 am in Milotina when he introduced himself to Dragoljub Kunarac.²⁹⁸ The witness agreed with Defence counsel when it was put to him that the events recounted took place on 23 July rather than on 23 April.²⁹⁹ He said that Kunarac was with 4 or 5 men who were wearing different types of uniforms and carrying arms. He said that Kunarac could only have come from Previla/ Foca .³⁰⁰ Previla, where the command of the Tactical group Foca was located, was just 40 minutes away on foot from the witness’s village on a macadam road.³⁰¹ This witness said that on that day, 23 July, Serb forces, including the accused Kunarac, recovered about 5 to 6 bodies of the Serb villagers that had been killed .³⁰² He said that Dragoljub Kunarac spent the night of 23 July in Podstijena,³⁰³ whereas the witness himself slept in the nearby village of Kolakovici because it was not possible for all of them to sleep in Podstijena. The witness conceded that between midnight and 6 am he did not see Dragoljub Kunarac.³⁰⁴
Witness DJ also met Dragoljub Kunarac on 23 July 1992 in Podstijena, in the morning between 9 am and 10 am,³⁰⁵ when Kunarac introduced himself. On that occasion, the accused Kunarac was with 5 or 6 other men who allegedly came to help the villagers find their dead.³⁰⁶ They wore different kinds of uniforms; Kunarac had a camouflage uniform and a brown leather jacket. All were armed. On that day, they found about 15 to 16 dead people . Kunarac was with the witness all day, at all times.³⁰⁷ The witness spent the night in the village of Podstijena.³⁰⁸ Kunarac and some of his men were there, too. Witness DJ said that he could not sleep that night and claimed that Kunarac did not leave the house they were in that night.³⁰⁹
During the period from 24 to 26 July 1992, Dragoljub Kunarac claimed that he stayed in the area of Jabuka, about 20 km from Foca, with existing connecting roads .³¹⁰ There, he and his men spent some time looking for dead villagers. Kunarac said that he spent the night of 23 July in Kosanj.³¹¹ The other two nights he was out on the terrain searching for bodies and sleeping wherever they found themselves at night,³¹² somewhere in the Jabuka region.
Dragoljub Kunarac said that he did not go to the Hotel Zelengora during that period. He conceded that there were a lot of refugees in this hotel and that it could have been a good place to gather information.³¹³ Nevertheless, Kunarac was adamant in his testimony that he only went there on 3 August with the journalist, Gordana Draskovic.³¹⁴
Witness Mastilo said that on 24 July 1992, they moved from Kolakivici up to Podgrade.³¹⁵ He said that they found about 15 bodies that day and buried them. They spent the night wherever they found themsleves at nightfall; that night in particular they were in Podstijena, near Rosulje field.³¹⁶
Witness DJ testified that on 24 July they set out early to continue looking for the dead in the area of Kolakovici, Kozalj, Podstijena and Rosulje.³¹⁷ They found about 4 to 5 bodies. Dragoljub Kunarac was present the whole time, checking bodies for booby-traps. According to this witness, Kunarac would be called if a body was found and he would be the first to check it. They finished working late in the evening and spent the night in Rosulje.³¹⁸ Kunarac was there with the witness that night.³¹⁹
The next day, on 25 July, witness Mastilo claimed that they continued their search for bodies in the direction of Stojkovici and Jamici. Dragoljub Kunarac was still with them.³²⁰ During those four days, they would start their search very early in the morning, about 5 am, and that they would continue all day, apart from a lunch break; they would eat tinned food brought by Kunarac. This witness also confirmed that Kunarac would be the first to turn over the bodies to check them for booby-traps. On the night of 25 July, they slept in woods near the villages of Stojkovici and Tahuljici.³²¹
Witness DJ confirmed that on the morning of 25 July, the villagers, Dragoljub Kunarac and his men headed towards Jamici and Previla.³²² They found about 10 corpses that day and finished their work at nightfall. He said that they spent the night in that same area, in the hamlet of Podjgrade.³²³ Again, the witness said that Kunarac was there with him.³²⁴
Finally, Gordan Mastilo said that on 26 July, they headed towards Jamici and at sunset went back towards Podrinje.³²⁵ Witness DJ said that on that day they went to Jamici and its surroundings³²⁶ where they found 7 to 8 bodies, including the body of the witness’ brother. Kunarac was with him that day, too.³²⁷ After burying his brother at about 10 pm, they all went back to Previla, and with Kunarac continuing back to Foca around midnight.
Witness Mastilo concluded that between 23 and 26 July³²⁸ they searched an area of approximately 15 kilometres in length located within the zone of responsibility of the 2nd Battalion;³²⁹ it was a hilly and difficult area, with streams and woods.³³⁰ The men were divided into several small groups. The witness said that he was in Kunarac’s group but he conceded that Kunarac would have to leave to check the bodies found by other groups for booby-traps; the other groups would mark the place and then Kunarac and his men would inspect them. The witness also confirmed that during this period they would eat tinned food that Kunarac had brought. However, he reiterated his claim that during those four days, apart from the first night (23 July), Kunarac never left his side.³³¹ He also stated that during this time, not once did he see Kunarac report to or receive any orders from the command.³³²
Witness DJ added that Dragoljub Kunarac could not have left the area at night between 23 to 26 July without him noticing it.³³³ With respect to the provision of food, the witness stated that during these four days they would either eat tinned food or receive food from villagers.³³⁴ The witness conceded that the group was divided, but he insisted that these groups were next to one another,³³⁵ and that when Kunarac would go to examine a body, the witness would accompany him to help bury the dead. In relation to the sleeping arrangements, the witness stated that they would generally spend the night under the open sky as they did not have tents.³³⁶
Dragoljub Kunarac claimed that on 27 July 1992, he went back directly to the brigade headquarters in Foca where he reported to the commander of the brigade.³³⁷ He then went to Dragocevo where he remained until 29 July,³³⁸ spending the nights of 27 and 28 July in the woods near the village of Brusana.³³⁹ In the morning hours of 29 July there was fighting in Preljuca (above Cerova Ravan ) and he moved to Godina and was subsequently transported toVelecevo.³⁴⁰ He remained in Preljuca until 31 July.³⁴¹
Preljuca is at a distance of about 12 to 13 kilometres from Foca.³⁴² When he arrived at Cerova Ravan between 10 am and 11 am, he was told that an attack had taken place at the break of dawn.³⁴³ He continued on and reached Preljuca at noon, when he found that the enemy had in fact taken the village.³⁴⁴ He received a telegraph ordering him to stay there and was told that a counter-attack would be launched soon. Kunarac and his men started firing at the enemy just after noon on 29 July as they were incensed by Muslim soldiers burning the corpses of dead Serb soldiers.³⁴⁵ The rest of the forces arrived around 1 pm and the fighting lasted until between 4 pm and 5 pm when the location was recaptured.³⁴⁶ Kunarac stayed at Preljuca that night and until 31 July.³⁴⁷ He spent 30 July looking for 2 missing men and the night of 30 July in Preljuca itself.³⁴⁸
Asked to comment about witness Subasic’s assertion that the order from Colonel Marko Kovac of 7 July 1992³⁴⁹ was found by Muslim forces on 29 July in Preljuca, Dragoljub Kunarac agreed that it was possible that all documentation of the Serb command at Preljuca was removed before they recaptured the area.³⁵⁰
Dragoljub Kunarac said that he was called to the battalion command on 31 July 1992 and was told that the Rogoj pass had fallen and that he should go to Kalinovik .³⁵¹ He therefore set out for Kalinovik with 6 or 7 men and arrived there between 2 pm and 3 pm. He was told that the enemy forces were manning a piece of artillery that had been taken from the Serbs.³⁵²
After reaching Kalinovik on 31 July, he immediately left for Dobro Polje to carry out reconnaissance towards the Rogoj pass.³⁵³ From Dobro Polje, he returned to Kalinovik to report and asked to be assisted by locals who would know the terrain. Kunarac and these locals arrived at Rogoj just after 8 pm, just before dark.³⁵⁴ Kunarac said that he saw the 6 Howitzers still aimed at the Muslim positions. He was told to carry on with his reconnaissance during the night. In the early hours of 1 August, he reported to his command. He was told that preparations for the counter-attack were under way.³⁵⁵ On the afternoon of 1 August, between 5 pm and 6 pm, he was told that Serb forces had arrived in Dobro Polje and that he should go back and brief them about the situation in Rogoj. Kunarac spent the night of 1 August in Rogoj³⁵⁶ and was still there at daybreak on 2 August.

c. 2 August 1992
Dragoljub Kunarac said that Serb forces were offered an exchange of prisoners on the morning of 2 August 1992 which was to take place by noon.³⁵⁷ He was told that if the exchange had not happened by then, the Serb forces were under orders to carry out a counter attack. Fighting broke out around noon.³⁵⁸ Kunarac participated in the attack which continued until nightfall around the plateau of Rogoj.³⁵⁹ Serb forces then pursued the enemy and took positions below Rogoj Pass to prepare for a possible counter- attack. These activities continued until 4 pm.³⁶⁰
After Rogoj was recaptured, Dragoljub Kunarac sent a message to inform his command. He was told to secure a position further towards Trnovo. He set out on the anti-aircraft gun, captured from the Muslims, after 8 pm and arrived in Dobro Polje at about 8.30 pm. From Dobro Polje the column continued towards Velecevo, about 2 kilometres away from Foca, eventually arriving at approximately 11 pm. Kunarac said that they were not able to use the asphalt road from Dobro Polje to Miljevina because some sections of the road were mined and others were blocked by rocks.³⁶¹ In Velecevo, Kunarac immediately went to the brigade headquarters where he was told that he could take a rest and report the next day at 7 am.³⁶²
The command at Velecevo lent him a vehicle to go to Foca. On his way to his parents’ house, Dragoljub Kunarac heard a powerful explosion when he passed near Livade between 11.30 and 11.45 pm.³⁶³ As he reached the Aladza settlement, he saw people rushing out of buildings.³⁶⁴ He continued on his way and passed the Cehotina bridge where he saw glass on the road, then passed by the SUP and asked a police officer what had happened. He went around town again towards Livade where he saw clouds of smoke coming from the Alad za mosque.³⁶⁵ He got out of his car and realised that the mosque had been blown up. He therefore decided to go back to the headquarters in Velecevo to return the car in case they needed it to go to Foca to investigate the explosion.³⁶⁶
Back at headquarters, he briefed the commander about what had happened; Dragoljub Kunarac said that he also rang the duty officer at the police station. He was told that an investigation would be carried out.³⁶⁷ While the investigation was underway, Kunarac stayed at headquarters where he waited for about 45 minutes before the security officer returned from the scene of the explosion. At that point, they had a conversation until about 3 am about what had happened in Rogoj. Kunarac then went to sleep at the headquarters’ compound.³⁶⁸ At about 7.30 am the next morning, he had breakfast and then left.
Witness DD said that he saw Dragoljub Kunarac on 2 August after the battle of Rogoj in the Velecevo compound as he was in charge of the reception desk.³⁶⁹ He said that Kunarac arrived between 9.30 pm and 10 pm in the evening.³⁷⁰ At the time, the witness was on guard duty and he saw Kunarac on an anti-aircraft vehicle.³⁷¹ All the soldiers entered the compound for celebration. The witness did not go in with them, as he could not leave his post.
Later that evening, between 11 pm and 11.30 pm, the witness saw Dragoljub Kunarac again, leaving in the direction of Foca - possibly with another soldier - in a Lada car.³⁷² This witness testified that there were several vehicles available at the command.³⁷³ He stated that the road taken by Kunarac was the only way out of the compound. A few minutes later, the witness said that he heard a powerful explosion and soon after, Kunarac came back to tell them what had happened.³⁷⁴
This witness testified that he saw Dragoljub Kunarac again at about midnight when the witness went to sleep in the dormitories.³⁷⁵ He insisted that Kunarac stayed at Velecevo that night, but he conceded that during the time he was guarding the door he did not see him, he only saw him later at about 11 pm.³⁷⁶
In relation to 2 August 1992, witness DE said that he did not see Dragoljub Kunarac fighting in the Rogoj pass that day but that he only saw him after the fighting , during the celebration or, to be more precise, he saw him coming back from Rogoj .³⁷⁷ The celebration at Dobro Polje lasted about an hour.³⁷⁸ He said that it may have been 6 pm and 7 pm when they arrived at Dobro Polje, at the crossroads between the roads towards Foca and Kalinovik where the witness lived.³⁷⁹ He saw Kunarac between 7 pm and 8 pm.³⁸⁰ The witness said that they then left and took the forest road towards Kalinovik via Miljevina as the other road was unsafe because of skirmishes.³⁸¹
Witness Radosav Djurovic testified that he went towards the Rogoj Pass to take food and cigarettes to the soldiers on 2 August. The witness remembers the date precisely as it is his wedding anniversary and a Muslim and Serb holiday but also because he went to deliver food towards the Rogoj Pass.³⁸² At about 4 pm, he arrived in Donje Polje. At around 5 pm, the first Serb soldiers arrived from Rogoj saying that they had recaptured the pass.³⁸³ Sometime around 6 pm, he recalled that Kunarac arrived on a truck with an anti-aircraft gun mounted on it.³⁸⁴ There were another 5 or 6 men with him on the truck. Between 7 pm and 7.30 pm, the column set out for Foca via Velecevo, with Kunarac at the front of the column.³⁸⁵ The witness stated that they arrived at Velecevo between 9.30 pm and 10 pm.³⁸⁶ They went to the parking lot of the compound and then to the building for celebration . Kunarac was still present.³⁸⁷ The witness went to his room in the compound at around 11 pm, but only went to sleep at midnight.³⁸⁸ At some point, while in his room, he heard a powerful explosion.³⁸⁹ He conceded that from 11 pm onwards that night, he did not know where Kunarac was and that he could not have noticed if Kunarac had left Velecevo.³⁹⁰ This witness also stated that there were several vehicles at the disposal of the command, including a red Lada car.³⁹¹
Witness Radivoje Pavlovic, who worked as a driver at the Velecevo compound,³⁹² recalled that while on duty on 2 August, he saw Dragoljub Kunarac at about 10 pm approaching the gate on a truck.³⁹³ He recalled this date with precision because 2 August 1992 is an Orthodox holiday for the prophet Alidza and because the Rogoj pass was recaptured that day.³⁹⁴ After that, the witness went to his room where he spent the rest of the evening before sleeping.³⁹⁵
On 2 August, when he came back from hospital, witness Mirko Przulj saw the refrigerator truck he used to drive before the war by the road side.³⁹⁶ He stopped and asked the driver of that truck what he was doing with the vehicle ; the man told him to mind his own business.³⁹⁷ The witness left and went to the police to report the theft of the vehicle. The witness suggested that it must have been stolen earlier that day, possibly around noon,³⁹⁸ but he could not remember when he last saw the truck and conceded that he had not seen it for several days prior to 2 August.

d. From 3 August 1992 from 5 pm until 8 August 1992
On the morning of 3 August 1992, whilst still in Velecevo, Dragoljub Kunarac was offered a car by a man called Drinac, a police officer whom he knew.³⁹⁹ The accused was seen by both witness DD and witness Radosav Djurovic again at breakfast at around 7 am on 3 August at the Velecevo compound.⁴⁰⁰ Dragoljub Kunarac stayed for about 15 minutes. Later, a colleague of witness DD told him that Kunarac had taken his car and left.⁴⁰¹ On his way to his parents’ house, Kunarac saw a car and someone waiving at him. He stopped for a few moments to talk to that person, a journalist called Gordana Draskovic, whom he knew.⁴⁰² He declined to give her an interview about the Rogoj pass operation, but accepted an invitation to go to the Hotel Zelengora that was a few hundred meters away.⁴⁰³
Gordana Draskovic told Kunarac about the rumours that he raped young girls and mentioned Partizan Sports Hall.⁴⁰⁴ Kunarac told her that he knew nothing about those stories and denied having ever been to Partizan. Kunarac said that he was upset and asked the journalist to name the persons who spread those rumours; she mentioned the names of four girls,⁴⁰⁵ namely FWS-75, FWS-87, D.B. and a fourth.⁴⁰⁶ Kunarac said that he wrote down those 4 names and went to Aladza to see these men pretending to be his. Kunarac insisted that he decided to go there because the story mentioned his men and Montenegrin soldiers and because two of the men living in this house actually operated with him in the field.⁴⁰⁷ When he arrived at Ulica Osmana Dikica, he sounded his horn in front of the house next to Ulica Osmana Dikica no 16 and three men came out; he asked them if they knew anything about Partizan and about the house next door, Ulica Osmana Dikica no 16. They said they did not. He then went straight to Ulica Osmana Dikica no 16 and asked the men who were there to come out. They said they did not know anything about Partizan or about rumours involving “Zaga” Kunarac.⁴⁰⁸
Dragoljub Kunarac and “Gaga”, his deputy, who lived at Ulica Osmana Dikica no 16, went to Partizan by car to investigate the report. They arrived there just after 8.30 am. Kunarac said that that was the first time he entered the yard and the hall of Partizan. Prior to that he had had no idea that people were being kept there. Dragoljub Kunarac said that he entered Partizan and told the people there that he wanted to speak with those women who had talked to Gordana Draskovic, the journalist. When no one reacted, he took his notebook and called out the names given to him by the journalist.⁴⁰⁹ The girls followed him out to the yard where he asked them whether they knew him . Kunarac said that their answer was negative, but that when they heard a local Serb woman call him “Zaga”, the girls blushed.
Kunarac said that D.B. and FWS-75 eventually acknowledged that they had talked to the journalist and FWS-75 added that they had indeed been taken to Aladza where they had been raped. According to Kunarac, the girls said that they would recognise the men who took them there, whom they conceded they still believed to be Zaga’s men.⁴¹⁰ Dragoljub Kunarac said that he sent the other two girls, FWS-87 and the fourth girl, back to the hall and that he set out for Aladza with D.B. and FWS-75 because he wanted these girls to confront the men living there.⁴¹¹ It was conceded in the Defence Final Brief that they “did not present evidence which would corroborate allegations of the accused to this effect”.⁴¹²
According to Dragoljub Kunarac, when they arrived in Aladza, the girls showed him the house which they had been taken to, Ulica Osmana Dikica no 16. They entered the yard and Kunarac called the men who were there and asked whether they recognised each other.⁴¹³ None of them did so. It was Kunarac’s second time at the house that day. Kunarac claimed that he then went into the house to talk to those men who were there to discover who the culpable party might have been.⁴¹⁴ The girls were invited to have a shower at the house and were invited to help themselves to clothes that were in the cupboards. Kunarac said that he stayed in one of the rooms where, he claimed, D.B. soon joined him. Kunarac said that D.B. took the initiative, unbuttoning his clothes and kissing him. They eventually had sexual intercourse which, Kunarac said, was completely unexpected for him.⁴¹⁵
Dragoljub Kunarac said that he left the house between 11 am and 11.30 am.⁴¹⁶ He, together with “Gaga”, D.B. and FWS-75 went back to Partizan. But before doing so they circled the town twice in order to find Gordana Draskovic to confront her with the girls. Having failed to find her, he said he eventually dropped the girls at Partizan and went back to town. Later, just after noon, he was told that Gordana Draskovic had gone to Miljevina where she had an apartment. Kunarac therefore decided to go back to Partizan where he took FWS-75 and D.B. again and, possibly, another woman.⁴¹⁷ As he arrived in Partizan , he was also told that FWS-87 had already been taken somewhere else. He told the girls that he wanted to confront them with the journalist.⁴¹⁸ So they went to Miljevina together in Kunarac’s car. As they reached Miljevina, a guard at a checkpoint told them that DP 3 would be able to tell them where Gordana Draskovic lived and indicated that DP 3 was at a café nearby. That was at about 1 pm-1.30 pm. Kunarac approached DP 3 who told him, “Gaga” and the girls to sit down while one of his soldiers would go and get Gordana Draskovic.⁴¹⁹
At that point, Dragoljub Kunarac heard a radio communication on DP 3’s radio that he, Dragoljub Kunarac, was required to report urgently to his command.⁴²⁰ He was told that the Rogoj pass had fallen again.⁴²¹ He was also told that the commander’s driver, a man named Pavlovic, would come to Miljevina to take him back to Foca. From Miljevina, they took the old road to Kalinovik where Kunarac reported to the command of the Kalinovik brigade.⁴²² According to Dragoljub Kunarac, in the car together with him were “Bano”, “Miga” and “Puko”, three soldiers who had been picked on the way in Aladza. “Gaga” was also there.⁴²³
Witness Radijove Pavlovic claimed that at about noon on 3 August 1992, he went towards Foca with his commander, Colonel Marko Kovac, with a Lada Niva; news had arrived that the Muslims had retaken the Rogoj pass.⁴²⁴ Colonel Kovac did not tell his driver beforehand where they were going but guided him as they went. They went directly to Aladza, on a street close to the mosque ; the witness believes that the street is called “Ivan Goran Kovacic”, a side street of Ulica Osmana Dikica.⁴²⁵
Radijove Pavlovic and Colonel Kovac stopped in the Aladza settlement where the anti-aircraft truck was parked. Witness Radijove Pavlovic remembered that he had not seen that vehicle in Velecevo that morning.⁴²⁶ There were several men with Montenegrin accents around it as they arrived.⁴²⁷
After picking up these men, they then headed towards Miljevina and stopped in front of a hotel,⁴²⁸ where they saw Dragoljub Kunarac. According to Radijove Pavlovic, Kunarac came towards them (possibly with another man) and told him they would go towards Kalinovik.⁴²⁹ The witness cannot remember whether Colonel Kovac gave orders directly to Dragoljub Kunarac, but stated that he definitely saw them speaking together.⁴³⁰ The witness insisted that, although he did not mention this man in his earlier statement , another man came in the car with Kunarac in addition to those already inside.⁴³¹ They took the macadam road from Miljevina and arrived in Kalinovik at about 4 pm .⁴³² The soldiers got out and the witness went back on his own.⁴³³ Witness Radijove Pavlovic did not see any girls at the Hotel in Miljevina, but admitted that he did not really pay attention.⁴³⁴ The witness said that he saw Kunarac again that day when the accused Kunarac had a car accident with his Polonez car about a kilometre from the Velecevo command.⁴³⁵ He said that Kunarac slightly injured his ribs on that occasion.⁴³⁶
Witnesses DE and DD confirmed that on 3 August, the Muslim forces had pushed back the Serb forces in Rogoj.⁴³⁷ Witness DE said that he thought he saw Dragoljub Kunarac on that day.⁴³⁸ He said that Kunarac could only have come from Kalinovik as it was the only possible way; he added that Kunarac, accompanied by his men, had asked two villagers to take him towards the Muslim positions, near Boljanovici. The next day, on 4 August, he said that some of Kunarac’s men returned to ask for food.⁴³⁹ Apart from that occasion, he had no further contact with them and only saw Kunarac again on 7 August in the evening when he talked to him.⁴⁴⁰

e. Dragoljub Kunarac’s visit at Karaman’s house
During his testimony, the accused Kunarac conceded that he went to Karaman’s house on 21 or 22 September 1992.⁴⁴¹ He said that he came across DP 3 at a funeral and went together with him to Karaman’s house. That is where Dragoljub Kunarac claimed he saw D.B. and 87. Only then, Kunarac claimed, did he realise that D.B. had not been returned to Partizan.⁴⁴² Kunarac said that he made a sign to FWS-87 and that they went upstairs where they talked.⁴⁴³ He insisted, however, that the only reason for him taking her upstairs was to find out who had brought her to this house.⁴⁴⁴ Shortly afterwards , D.B. told him that she had been brought there after he had taken them to Miljevina . When he supposedly offered to take her with him, he said that she refused as she said she had a man and that those men in the house were dangerous.⁴⁴⁵ According to Kunarac, FWS-87 looked like a “vegetable”, depressed. According to the accused, she told him that she did not expect him just to want to talk, but expected to be raped by him like the others did. Kunarac asked her however, to unbutton her shirt a little bit so that if a man came in he would not be suspicious . In fact, Kunarac said that he believed that these men might have wounded “Gaga ” when he tried to re-take the girls.⁴⁴⁶ Kunarac claimed that he had no sexual intercourse with her at the time, and left the room after a while.

(iv) Defence evidence related to the accused Radomir Kovac
The Defence for the accused Radomir Kovac objected to several aspects of FWS -87’s testimony concerning her stay at Kovac’s apartment. Concerning FWS-87’s relationship with Kovac, the Defence case was that FWS-87 and Radomir Kovac were in love with each other and that FWS-87 stayed with him of her own free will. Secondly, FWS- 87 and the other girls were actually free to move about as they wished and, in relation to food, they were not worse off than any other inhabitant of Foca. Further, the Defence submitted that the allegations of mistreatments and forced naked dancing were pure fantasy. Finally, the Defence submitted that FWS-87 and A.S. were not sold by Kovac as they claimed, but that instead he paid for their safe transfer to Montenegro.
The accused Radomir Kovac did not testify.

(v) FWS-87’s alleged relationship with Kovac
Several Defence witnesses testified that they saw the accused Radomir Kovac together with FWS-87. Some of them said that they were even introduced to FWS-87 , who was sometimes presented to them as Kovac’s girlfriend. Several Defence witnesses described the way in which Kovac and FWS-87 behaved towards one another, and some witnesses mentioned a letter with a heart drawn on it, which FWS-87 allegedly sent to Kovac after she had been transferred to Montenegro.
Witness DK, a cousin of the accused who also worked as an investigator for Radomir Kovac’s Defence team, told the court that FWS-87 looked happy with Kovac .⁴⁴⁷ Radomir Kovac later told her that after FWS-87 had left, she had sent Kovac a postcard. The witness recalled that sometime in 1994, Kovac’s wife displayed the postcard saying that FWS-87 had written it.⁴⁴⁸
Likewise, witness DL, who lived in the same apartment building as Radomir Kovac , stated that the two girls who were staying in Radomir Kovac’s apartment came to her place on several occasions. This witness thought that one of them was Kovac’s girlfriend.⁴⁴⁹ The witness first said that FWS-87 told her that she was in love with the accused Kovac, but eventually conceded that it was Kovac, not FWS-87, who had told her about the nature of their relationship.⁴⁵⁰
Witness DM, a cousin of the accused’s father, claimed that Radomir Kovac came to visit her with a girl, FWS-87, whom he introduced as his girlfriend.⁴⁵¹ This happened at the end of November 1992. According to the witness, that evening FWS-87 behaved “beautifully, wonderfully, nicely”, “like all of us”, and danced.⁴⁵² The witness said that she was a bit embarrassed when she found out that this girl was a Muslim.⁴⁵³ She claimed that she saw FWS-87 again on several occasions in the street, at the market or in cafés . In particular, she recalled seeing her at Café Leonardo with two other girls.⁴⁵⁴ Finally, she said that Kovac later told her that he had received a letter from FWS -87 in which she expressed her gratitude for what he had done for her. The witness conceded, however, that she had never seen the letter.⁴⁵⁵
Another witness, DH, a cousin of the accused Radomir Kovac who also lived in the apartment building to which Radomir Kovac moved in the autumn of 1992 testified that Kovac lived on the top floor of the block with a girl whom he introduced as his girlfriend.⁴⁵⁶ The witness saw the two of them at a party at DM’s place. Witnesses DI, a saleswoman who knew Kovac from before the war and DK, a cousin of the accused who worked as an investigator for the Defence team, were there too, she claimed. She said that judging from Kovac’s and the girl’s behaviour, she had no doubt that they were a couple.⁴⁵⁷ She did not talk to the girl on that occasion nor did she ask Kovac how they had met.⁴⁵⁸ In late December 1992, the witness went to visit Kovac after he had been injured. The girl was still there and she came out of the building with the witness, as she had to do some shopping .⁴⁵⁹ Finally, the witness referred to a letter which Kovac claimed to have received from FWS-87 in which she expressed her gratitude. The witness could not remember whether she saw the letter or not .⁴⁶⁰
Witness DV was a nurse who worked with Radomir Kovac’s unit during the conflict . She recalled that she once provided medicine and sanitary towels which Kovac had requested for his girlfriend.⁴⁶¹ Later, on 14 November 1992, she met the girl in question at Café Leonardo, a café where the members of Kovac’s unit would gather. Kovac arrived with two girls, FWS -87 and FWS-191, whom he introduced to the witness. The next day, the witness saw Kovac again. He allegedly asked her how she liked his girlfriend, the “little one ” as he called her. The witness added that Kovac looked in love at the time.⁴⁶² In mid-December, DV visited Kovac after he had been injured. She only saw FWS-87 once out of the two occasions when she went to his apartment.⁴⁶³ She saw the girl on two other occasions, including once when FWS-87 was leaving the block to do some shopping. According to the witness, Kovac and the girl had a good relationship.⁴⁶⁴ She also referred to a letter that Kovac had received from FWS-87.⁴⁶⁵
Witness DI saw Radomir Kovac during the war at DM’s place shortly before or after Archangel’s day (ie 21 November).⁴⁶⁶ DM and DH were there. She could not remember DK being at the party or rather she said she was not there. That evening, Kovac arrived at around 7 pm with a girl, FWS-87, whom he introduced as his girlfriend.⁴⁶⁷ The witness recalled that Kovac and the girl were in a good mood that night. She said that on the basis of what she saw, she concluded that she indeed must have been his girlfriend.⁴⁶⁸ She conceded however that she had no reason to observe FWS-87 as she was behaving like any other person.⁴⁶⁹ The witness saw FWS-87 again, about 4 times, in the street or in the Café Leonardo; on two occasions, she said that she was accompanied by her girlfriend,⁴⁷⁰ on one she was accompanied by Kovac.⁴⁷¹ However, the witness did not talk to her.
Witness DN, the owner of Café Linea and a childhood friend of the accused, said that he once saw Radomir Kovac at his café, Café Linea, during the conflict . On that occasion, he recalled that Radomir Kovac was accompanied by Jagos Kostic , not by witness DO as he had originally claimed in his statement.⁴⁷² Two girls accompanied them.⁴⁷³ The witness sat with them for a while. Kovac introduced one of the girls as his girlfriend . The witness commented that it seemed “incredible” that she could be a Muslim.⁴⁷⁴ The witness conceded that having a girlfriend of this ethnic background was highly unusual in those days for a Serb and remarked that the two girls were the only Muslim customers in his café.⁴⁷⁵ The witness said that Kovac behaved very nicely towards this girl. The witness saw Kovac again two days later in his café. They talked about the girl and the witness asked him whether it was normal to have that kind of girlfriend, meaning a Muslim girlfriend , to which Kovac answered that it was his own business. The witness claimed that he saw the girls again about 15-20 times at his café, sometimes on their own, sometimes with other company.⁴⁷⁶ He said that he paid particular attention to them so that no one would bother them.⁴⁷⁷ In particular, the witness recalled seeing Kovac and the girl at the orthodox New Year’s Eve (13th January 1993), when they were allegedly dancing at his café. From the end of December 1992 onwards, he continued to see FWS-87, but not the other girl.⁴⁷⁸ He said that she would generally come by herself or with Kovac.⁴⁷⁹
Witness DO, a friend of the accused Radomir Kovac, recalled seeing Kovac sometime in November 1992. Kovac told him about his girlfriend and appeared to be very much in love.⁴⁸⁰ Kovac had actually told the witness that he was in love with this girl.⁴⁸¹ In December of that same year, the witness met Kovac, his girlfriend and another girl at Café Leonardo.⁴⁸² It was the only occasion on which he exchanged a few words with this girl. All were in a good mood, he said. The witness acknowledged that Café Leonardo was a meeting point for young people and soldiers.⁴⁸³ He saw Kovac again after the accused had been wounded in combat. Kovac asked the witness not to tell FWS-87 about his injury so that she would not be worried.⁴⁸⁴ Later, on 8 January 1993, he saw Kovac again. The latter told him that he had had problems with a soldier breaking into his apartment, and that he had to report to the headquarters for disarming him.⁴⁸⁵ Kovac also told him that he had received a letter with a heart drawn on it from one of the girls who he had seen off to Montenegro, who was expressing her gratitude to Kovac. The witness said that he actually saw the envelope, which supposedly contained the letter, but he conceded that he did not read the letter.⁴⁸⁶

(vi) Conditions at Radomir Kovac’s apartment
The Defence suggested that due to the war, there was a general lack of food in Foca. Although they might not have received all they could wish for, the girls were not worse off than any other person in Foca at the time. They were even probably better off considering that Radomir Kovac and several members of his family allegedly made sure that the girls would receive sufficient food.
Several Defence witnesses claimed that during the conflict there was a general and widespread lack of supplies: food was difficult to get hold of, electricity was intermittent and conditions of living were difficult for everyone, Serbs and Muslims.⁴⁸⁷ The Defence argued that the alleged lack of food in Kovac’s apartment was not due to his negligence vis -ŕ-vis the girls but a consequence of the general shortage of food. During closing arguments, Defence counsel mentioned, however, the existence of a food lifeline from Foca to Montenegro.⁴⁸⁸
Witness DI, who worked in a shop, said that although her shop re-opened in the autumn 1992, there was nothing to sell.⁴⁸⁹ Witness DM stated, however, that she was able to go to Montenegro to buy supplies for her shop in town.⁴⁹⁰ She would simply have to ask for a permit to travel to Montenegro which was easy to obtain .⁴⁹¹
Witness DK, a cousin of the accused who lived in the apartment just below Radomir Kovac’s, testified that Kovac would provide the girls with food. She recalled seeing him in front of the building with plastic shopping bags in his hands.⁴⁹² In addition, she once provided the girls with some food and medicine, passing them through the window of her apartment. This witness claimed that FWS-87 had told her that they had lost the key to the entrance door and were therefore unable to get out of the apartment.⁴⁹³ She said that in general, Kovac or his mother would bring food to the girls.⁴⁹⁴ Witness DH stated that Kovac was on good terms with the business manager of the army, which made it easier for him to obtain military food supply. Despite Kovac’s privileged supply, the witness nevertheless brought food to Kovac as it was of better quality than the food he would receive at the military. Witness DH added that she and Kovac were so close that she would take food from her own children to make sure that Kovac would have sufficient food, and that she would bring food to the girls while Kovac was not there.⁴⁹⁵ She said that FWS-87 would generally open the door, take the food and close the door again. The witness would not go inside.⁴⁹⁶ Witness DO likewise stated that Kovac would take food for FWS-87 every time he could . The witness stated that Kovac’s aunt, witness DH, would keep food for him too .⁴⁹⁷
Several Defence witnesses stated that the girls were able to leave the apartment and that they would be seen wandering around town on their own. Witness DK stated that the girls continued to use Radomir Kovac’s apartment even when the latter was absent. She added that she did not think that their movement was otherwise restricted and that, on the contrary, they were able to move freely.⁴⁹⁸
Likewise, witness DH denied that the girls were locked in.⁴⁹⁹ Witness DL testified that the girls came to her apartment on their own on 5 or 6 occasions.⁵⁰⁰ Witness DN said that the girls would come to his café sometimes on their own, sometimes with company.⁵⁰¹ Witness DM told the Trial Chamber that she saw FWS-87 about 10 times on her own in the street, in the market place and in cafés.⁵⁰² In particular, she recalled seeing three girls on their own, one of which was FWS -87, at Café Leonardo.⁵⁰³
Regarding the mistreatments other than the rapes, such as threats, constant exposure to fear, psychological pressure, beatings and forced naked dancing, the Defence denied that the girls were ever beaten or mistreated, but it presented no evidence in this respect.

(vii) Removal of FWS-87 and A.S. from Radomir Kovac’s apartment
The Defence contended that, contrary to FWS-87’s and A.S.’s testimonies, they were not sold to two Montenegrins, but rather helped out of Foca by Radomir Kovac who ensured their safe departure for Montenegro.
Several Defence witnesses testified that Radomir Kovac had sent the girls away to Montenegro. All these witnesses had heard this from Kovac himself.⁵⁰⁴ Witness DK heard rumours that the girls had actually been killed. When she went to see Kovac, he at first did not deny the rumours but eventually said that he had seen them off to Montenegro and that he had paid Montenegrins for this service. The witness said that earlier, FWS-87 had told her that Radomir Kovac promised to move her to Montenegro.⁵⁰⁵ Witness DO said that Kovac started thinking about the security of FWS-87, as his unit was moving further away from Foca.⁵⁰⁶ The witness said that following his recovery from injury, Kovac returned to his unit in February 1993. He stayed for about two weeks and left again to take care of the girls.⁵⁰⁷ Soon he returned to the frontline. Kovac told the witness that some Montenegrins had helped him to transfer the girls to Montenegro. Kovac further told him that it cost him 200 -300 Deutschmarks each, and that he had had to sell his TV set and his ski boots to finance it.⁵⁰⁸ FWS-87 gave evidence in rebuttal that when she was taken away from Radomir Kovac’s apartment, his TV set was still there.⁵⁰⁹ In closing argument, and without presenting any evidence, Defence counsel changed the account given by the witness and said that Kovac had sold his parents’ TV, not his own.⁵¹⁰ Witness DO stated that Kovac could not have taken them himself because he would have had to ask his commander to leave the area.⁵¹¹ The witness conceded, however, that some soldiers had been permitted to leave for Montenegro, but he added that it was more difficult to do so for people active at the frontline; he could not recall whether any member of his unit ever received such permission.⁵¹² Likewise, witnesses DH,⁵¹³ DM,⁵¹⁴ DL⁵¹⁵ and DV⁵¹⁶ testified that they were told by Radomir Kovac that he had arranged for these girls to be sent away to Montenegro.

(viii) Defence evidence related to the accused Zoran Vukovic

The accused Zoran Vukovic did not testify.
The Defence claimed that the identification of the accused Zoran Vukovic was generally “uncertain”.⁵¹⁷ The Defence underlined the fact that there were 11 men named Zoran Vukovic living in Foca at the time.⁵¹⁸ The Defence also pointed at what it considered to be discrepancies and contradictions in the testimonies of several Prosecution witnesses with respect to the identification of the accused Zoran Vukovic.
In particular, the Defence suggested that FWS-87 contradicted herself when she identified the accused Zoran Vukovic as the man who raped her at Foca High School on two occasions as described in paragraphs 6.6 and 6.7 of Indictment IT-96-23/1 . During her testimony, FWS-87 had said that she learnt Zoran Vukovic’s name through other detainees at the school who knew him. She did not remember, however, exactly who mentioned his name. The Defence suggested that the name of the accused could only have been suggested by FWS-48 “because no other witness knew […] Zoran Vukovic [from] before the war”. Consequently and because of the doubts cast on the reliability of FWS-48’s testimony,⁵¹⁹ the Defence suggested that FWS-87’s identification of the accused Zoran Vukovic was unreliable .⁵²⁰ No evidence supporting the suggestion that FWS-48 mentioned the accused’s name to FWS-87 was put forward by the Defence. With respect to paragraph 6.7 of the Indictment, the Defence pointed out that FWS-87 could not remember this event and did not mention it during her testimony.
(b) FWS-75

(i) Testimony of FWS-75
When her village was attacked on 3 July 1992, the witness, aged about 25 years at the time,⁵²¹ was hiding in the woods with other villagers, including her father, mother and brother. None of them had weapons. They were shot at when trying to flee from the arriving soldiers. Three of them, including the witness’s mother, were actually shot while running away. A lot of children were among the group of people being chased. The soldiers pursuing them stopped shooting when they arrived near the group.⁵²² Once they were captured, men and women were separated, and the women taken downhill to Buk Bijela. That same day, the witness was transported from Buk Bijela to Foca High School, where she spent about 15 days, and was frequently sexually assaulted . The first time it happened – the witness was not sure whether it was on the first night or later⁵²³ - Dragan Zelenovic came in with his group and took about six women to another classroom. Among them were FWS-87, FWS-95, FWS-51, FWS-74, FWS-88 and another woman; the witness did not mention FWS-50 but her mother, FWS-51. The witness herself remained in the same room together with FWS-87 and FWS-95, while the other women were taken somewhere else. FWS-75 recalls being raped by Dragan Zelenovic and another man. FWS-95 was held at gunpoint by a certain “Zelja” while DP 1 raped her. FWS-87 was raped by a man the witness did not know. All three of them were raped in the same room at the same time.⁵²⁴ She did not mention the accused Zoran Vukovic in this respect.
Although FWS-75 did not mention Zoran Vukovic in connection with the events at Foca High School, she recalled that she met Vukovic for the first time at Buk Bijela in one of the barracks adjacent to the motel. As she came out of the room where she had been questioned, she saw Vukovic with her uncle who had apparently just been beaten.⁵²⁵ She described him as: “short, a small man, blond, (…( fair-haired”, but she could not remember his face. She did not know him prior to the war and only found out about his name later when he came to Radomir Kovac’s apartment.⁵²⁶ On that occasion, Radomir Kovac ordered the witness to go into the kitchen with Vukovic, who locked the door behind them. There Vukovic and FWS-75 had a conversation during which he admitted to having killed her uncle at Buk Bijela whilst the latter was allegedly trying to flee. She then had to arouse Vukovic who proceeded to rape her orally.⁵²⁷ This incident was , however, not charged in the Indictment that is before the Trial Chamber and the Trial Chamber makes no finding on it. FWS-75 also knew another Zoran Vukovic, nicknamed “Kifla” who lived in Brod and who raped her while she was detained in the apartment of a man named Todovic sometime in January or February 1993.
FWS-75 stated that she stayed at the Foca High School for 15 days from 3 July 1992. During her time at the Foca High School she was taken out almost every night , with the possible exception of two nights. Usually Dragan Zelenovic would come , sometimes together with Dragan Stankovic (nicknamed “Dragic”), and take women out. FWS-75 and FWS-87 would be taken out very often.⁵²⁸ They were taken to apartments (mostly an apartment in the Lepa Brena block or a house in Gornje Polje), where other men would be waiting to rape them. She was raped every time she was taken out.⁵²⁹ Again, the witness did not mention the accused Zoran Vukovic.
After having been transferred to Partizan Sports Hall, FWS-75 recalled being taken out from Partizan, together with D.B.,⁵³⁰ by the accused Dragoljub Kunarac, whom she knew by his nickname “Zaga”, by Dragomir “Gaga” Vukovic and a certain “Bane”, and being brought to a house in the Aladza neighbourhood near the Foca High School, where a group of men was already waiting . She identified the house from Prosecution photographs as being the one in Ulica Osmana Dikica no 16.⁵³¹ Other soldiers joined them there later. She recalled the date as having been a few days before 2 August 1992.⁵³²
FWS-75 testified to having been taken to a separate room by “Gaga”, who ordered her to have sex with a 16-year-old boy whose nickname she recalled as “Zuca”. However , the boy did not come into the room. Instead, FWS-75 stated that she was gang- raped vaginally and orally by a group of soldiers who were mostly Montenegrins, and amongst whom she recognised Jure Radovic, DP 7 and DP 8. One of the men threatened to cut off her breasts.⁵³³
D.B. had been taken to another room directly adjacent to the one she was in , by the accused Dragoljub Kunarac.⁵³⁴ The witness felt that the accused Dragoljub Kunarac appeared to have control over the other soldiers and whatever was happening in that house.⁵³⁵
The witness identified Dragoljub Kunarac as being the one of the men who took her and D.B. from Foca High School to a Muslim house in Aladza, near the High School and the mosque.⁵³⁶ She said that at some point while she was being raped by “Bane”, Kunarac entered the room and told her to get dressed because they had to leave.⁵³⁷ He brought her back to Partizan.⁵³⁸ She was taken a second time to this house by Kunarac and raped there by his men. The witness actually learnt his name as they were returned to Partizan after her stay at Ulica Osmana Dikica no 16, when she told other people that they had gone there with someone referred to as “Motorka” which is synonymous to “Zaga”.⁵³⁹ Therefore, when she was taken by him again to Ulica Osmana Dikica no 16, she knew his name, surname and nickname.⁵⁴⁰ The witness says that his soldiers were referring to Kunarac as “Zaga”.⁵⁴¹ She described him as being “tall, quite slim, ugly. He had sort of curly hair. I know that when I met him, I didn’t look at him. He looked so frightening”.⁵⁴²
FWS-75 testified that a few days after the events described above, to her memory on 2 August 1992, she was taken out again from Partizan to Ulica Osmana Dikica no 16 by the accused Dragoljub Kunarac and “Gaga” Vukovic. She set the date as the day before the Aladza mosque was blown up.⁵⁴³ Prior to that, a woman had come to Partizan, posing first as a journalist from Sarajevo but finally admitting that she was from Pale. FWS-75 told the woman what had happened to her previously. Other women also talked to her. Some time after the woman had left, Dragoljub Kunarac and “Gaga” came to Partizan and took those women away who had talked to the alleged journalist, ie, FWS-75 and witnesses FWS-87, FWS-50 and D.B.⁵⁴⁴
When she arrived at Ulica Osmana Dikica no 16, three women from Gacko were already there, one of them was FWS-190; another of the women was 8 months pregnant .⁵⁴⁵ The accused Dragoljub Kunarac and “Gaga” abandoned the witnesses to the men present there. FWS-75 stated that she was first raped by three Montenegrin soldiers, whom she identified as Jagos Kontic (nicknamed “Konta”), DP 7 and DP 8. DP 8 locked her in a room and raped her the entire night vaginally, anally and orally. The other two soldiers raped her separately at dawn, and finally “Gaga” raped her in the morning.⁵⁴⁶
During that night just before midnight, according to the testimony of FWS-75 , the Aladza mosque was destroyed by an explosion. Witnesses FWS-87, FWS-190 and D.B. were still in the house at that time.⁵⁴⁷
FWS-75 saw FWS-87 in a car with “Bane”; FWS-87 later told her that she had been raped by him.⁵⁴⁸ Also a certain “Vasiljevic” came into the house at some stage and took away FWS-50 and one of the women from Gacko.⁵⁴⁹
On the next morning, Dragan Stankovic and some other men arrived and wanted to take them away, but eventually the accused Dragoljub Kunarac took them (herself , FWS-87, D.B. and FWS-190) in a car to Miljevina. The witness was not clear as to whether DP 3 was also in the car, but mentioned his presence from the time they arrived at Miljevina. FWS-75 thought they were to be confronted with the journalist there, but the latter never arrived. DP 3 finally ordered their removal to an abandoned Muslim house, called “Karaman’s house”.⁵⁵⁰
FWS-75 was taken to this house⁵⁵¹ in Miljevina by Misko Savic, and some soldiers were present when she arrived: Radovan Stankovic, “Rasa”, Nedzo Samardzic and Nikola Brcic, nicknamed “Rodjo”.⁵⁵² During the stay in the house, the women were repeatedly raped.⁵⁵³ Other girls were brought in after FWS-75 had arrived, namely FWS-132, A.S., A.B. and J.G.⁵⁵⁴
The witness recalled that Dragoljub Kunarac, or “Zaga”, came to the house two or three times to eat. The first time he came there, he took a woman with him to another room, although the witness did not remember whether it was FWS-87 or D.B .⁵⁵⁵
FWS-75 spent about three months at Karaman’s house until she left on 30 October 1992, when she was taken away with A.S. and A.B. by DP 6, DP 1 and Dragan Zelenovic .⁵⁵⁶
FWS-75 testified that she was taken to the Brena apartment block in Foca around 30 October 1992, together with FWS-87, A.S. and A.B., by Radomir Kovac and Jagos Kostic. The apartment appeared to be that of Kovac and was located on the fourth floor.⁵⁵⁷ The witness had mentioned the same date before in a previous statement to the Prosecution, which was entered into evidence by the Defence.⁵⁵⁸ FWS-75 stated that the accused Kovac was one of the men who took part in the attack on her village on 3 July 1992. She did not know him at the time but she recalled him from that occasion and recognised him later when she was brought to his apartment .⁵⁵⁹
FWS-75 testified that all four of the girls taken to the apartment of Radomir Kovac were sexually assaulted and raped. FWS-75 herself was raped by Kovac the day after her arrival in the apartment. In addition, she was raped by Kovac every evening of the first week there, on one occasion together with FWS-87 while the Swan Lake was playing.⁵⁶⁰
Radomir Kovac also raped A.B. in the apartment, which FWS-75 was told about by A.B. herself.⁵⁶¹
As mentioned above, FWS-75 said that she saw Radomir Kovac, nicknamed “Klanfa ”, in the vicinity of her village following the attack. The witness described Kovac as being “tall, he had a receding hairline, his hair was dark”.⁵⁶²
FWS-75 described that she was also raped by other men in the apartment, among them, as mentioned earlier, the accused Zoran Vukovic, who raped her orally in the kitchen.⁵⁶³ This incident has not been charged and is not the basis of a conviction by the Trial Chamber. On another occasion, FWS-75 was told to go with a certain Slavo Ivanovic, but refused to do so, and Radomir Kovac sent A.B. instead.⁵⁶⁴
FWS-75 and A.B. were told by Vojkan Jadzic that they would have to go to a house near the Hotel Zelengora, where they would have to cook and clean for some other men. After a few days,⁵⁶⁵ FWS-75 and A.B. were taken there and subsequently spent about 15 days in the house near Hotel Zelengora, where they were constantly raped by about 10-15 soldiers from Serbia. Radomir Kovac would come along from time to time to find out how they were and pretend that he was sorry for them.⁵⁶⁶
From that house, FWS-75 and A.B. were taken to another apartment in Pod Masala by Serbian soldiers, where they had to stay for seven to ten days, and where FWS -75 was again sexually abused, but she did not see the accused Radomir Kovac there .⁵⁶⁷
FWS-75 and A.B. were then taken back to the Brena apartment of Radomir Kovac by Vojkan Jadzic, and on their arrival they found that FWS-87 and A.S. were still there.⁵⁶⁸
The rapes continued after their return. On the evening of their arrival, Vojkan Jadzic tried to rape FWS-87, which Radomir Kovac prevented him from doing despite having first promised that he could sleep with her. “Zeljko”, another Serb soldier , abused A.B. and Jagos Kostic raped A.S.⁵⁶⁹ During the night, A.B. was taken to the apartment in Pod Masala by “Zeljko”, and A.S. was taken to an apartment in Donje Polje by Jagos Kostic.⁵⁷⁰ The next morning, when Kovac and Vojkan Jadzic were still asleep after a night of heavy drinking, DP 1 entered the apartment and took FWS-75 and FWS-87 away. Vojkan Jadzic, who woke up, followed them. They were brought to the apartment of DP 1 on the other side of the Brena block, where Vojkan Jadzic “was persistent in raping ” FWS-87.⁵⁷¹ Around noontime, Kovac appeared at the apartment with a knife and ordered FWS-87 and FWS-75 to get up and follow him. Neither Vojkan Jadzic nor DP 1 offered any resistance.⁵⁷²
FWS-75 and FWS-87 were eventually taken back to the apartment in Pod Masala , where A.B. was waiting.
FWS-75 recalled that after returning to the apartment in Pod Masala, they ( FWS-75 and FWS-87) found A.B. there. All three of them had to take off all their clothes and stand on a table for about half an hour while Radomir Kovac was lying on a sofa.⁵⁷³ Afterwards Radomir Kovac took them, still naked, to the Drina River and threatened to cut their throats and throw them in the river. He was stopped from carrying out this threat by Jagos Kostic⁵⁷⁴ and the women were taken back to the apartment.
FWS-75 recalled that she spent about a month in the apartment of Radomir Kovac , including the times when she was at the house near Hotel Zelengora and in Pod Masala. During that time, the girls had to perform household work, such as cleaning up, cooking and washing the men’s clothes. When the men were not present, they would be locked in the apartment.⁵⁷⁵
Eventually one morning, Radomir Kovac announced that A.B. would be sold to a certain “Dragec”, and that FWS-75 would be taken away by DP 1 and a certain “Zelja ”. Dragec came, paid 200 Deutschmarks for A.B. and took her away. Later on that day FWS-75 was taken by DP 1 and Zelja to the apartment of Dragec, who told her that he had saved her life because she was about to be killed. Dragec would rent them to others as prostitutes while they were there. After some time (the witness’s evidence varies from 15 days to about two months) at Dragec’s apartment, A.B. was taken away by Jasko Gadzic and never seen again. FWS-75 was eventually sold to a certain man named Todovic, who kept her in an apartment in the Mahala area of Foca; she was able to flee from Foca with the help of two Serbs on 5 March 1993.⁵⁷⁶

(ii) Supporting evidence
FWS-87, FWS-62, FWS-50 and FWS-95, amongst others, recalled that women were taken out and were sexually assaulted very often during their stay at Foca High School.⁵⁷⁷ FWS-87 specifically recalled that FWS-75 was amongst the women who were called out and that they were raped in the same classroom of Foca High School during the incident described by FWS-87.⁵⁷⁸ FWS-95 also recalled that FWS-75 was ordered out on this night but she could not recall what happened to the other women in her classroom while she herself was being raped by DP 1.⁵⁷⁹
D.B. recalled being taken out from Partizan and brought to Ulica Osmana Dikica no 16 by Dragoljub Kunarac together with FWS-75.⁵⁸⁰ Both witnesses, FWS-75 and D.B., recalled that upon their arrival there was already a group of soldiers waiting. D.B. testified, as FWS-75 did, that Dragoljub Kunarac appeared to have control over the soldiers at the house. D.B. further confirmed the testimony of FWS-75 that the two of them were taken to separate rooms in the house. D.B. also stated that FWS-75 was barely able to walk and that she appeared terrified when the girls were returned to Partizan together after the incident.⁵⁸¹
The testimonies of FWS-87, FWS-50 and D.B. further support FWS-75’s statement that the four women were taken again to the house in Ulica Osmana Dikica no 16.⁵⁸² While both D.B. and FWS-87 recalled that they were taken there by Dragoljub Kunarac and “Gaga”, FWS-50 only referred to Kunarac once they were at the house.⁵⁸³
D.B. further recalled that she was taken to Miljevina by Dragoljub Kunarac together with FWS-75.⁵⁸⁴ FWS-87, A.S., and FWS-132 recalled that FWS-75 stayed with them in Karaman’s house.⁵⁸⁵ The testimony of FWS-75 as to the continuous rapes she and other women had to endure while held in Karaman’s house is reflected in other testimonies.⁵⁸⁶ FWS-87 and A.S. recalled that they were continuously raped; D.B. similarly stated that she was constantly raped by Radovan Stankovic.
As to the presence of Dragoljub Kunarac at Karaman’s house, D.B. recalled that she saw the accused in Karaman’s house.⁵⁸⁷ D.B. did not confirm that she was taken to a room by Kunarac, but testified, that she saw Kunarac in the living room with FWS-87, her sister.⁵⁸⁸ Since FWS-87 testified that she was raped by Kunarac in Karaman’s house, the testimony of FWS-87 and D.B. together correspond with the testimony of FWS-75 that she watched Kunarac take either D.B. or FWS-87 to another room in Karaman’s house.
Whereas the testimony of FWS-75, A.S. and FWS-87 differs with respect to the alleged period of time they spent in Karaman’s house and the approximate date on which they were transferred to Radomir Kovac’s apartment, the three witnesses congruently described that they were taken together to Kovac’s apartment with A.B. and that they were raped continuously during their stay in Kovac’s apartment.⁵⁸⁹ FWS-87 specifically referred to the fact that FWS-75 was raped by Kovac in her testimony .⁵⁹⁰
An incident, during which FWS-75 was forced to stand naked on a table together with FWS-87 and A.B. while Radomir Kovac was lying on the sofa, was similarly mentioned by witnesses FWS-87 and A.S.⁵⁹¹ FWS-87 recalled several incidents of that kind. She recalled one incident in which FWS-75 was amongst the women who had to undress, though she placed the incident in Kovac’s apartment,⁵⁹² whereas FWS-75 had tied the incident to the apartment in Masala.⁵⁹³
FWS-87 further recalled witness A.S. as being one of the women who where subjected to this treatment,⁵⁹⁴ while FWS-75 did not mention A.S.⁵⁹⁵ A.S. herself recalled such an incident, too, but neither could put a certain date to it nor remember if FWS-75 was amongst the women involved.⁵⁹⁶

(iii) Defence evidence related to the accused Dragoljub Kunarac
The alibi defence of the accused Dragoljub Kunarac described above also covers the allegations involving FWS-75.

(iv) Defence evidence related to the accused Radomir Kovac
The Defence argued that, apart from FWS-75’s statement, there was no evidence that the accused Radomir Kovac took part in the attack on the villages of Trosanj and Mjesaja on 3 July 1992. The Defence claimed that, from 25 June 1992 onwards and for a period of ten days, Radomir Kovac was on sick leave.
Several Defence witnesses stated that they saw or heard that only two girls , namely FWS-87 and A.S., were living in Radomir Kovac’s apartment. The Defence does not contest, however, that FWS-75 and A.B. spent some time in Radomir Kovac’s apartment, but claims that their stay was extremely brief.
Witness DK said that she went to Radomir Kovac’s apartment a couple of times during the conflict. She said that two girls resided with him, FWS-87 and another girl, A.S.⁵⁹⁷ The witness first saw the girls towards the end of the summer of 1992, when Kovac moved to this apartment in the Lepa Brena Block; she saw them again later.⁵⁹⁸ One girl, whom Radomir Kovac introduced as his girlfriend, was tall with dark-brown hair, with a build similar to the witness; the other girl was shorter, more petite , had blonde hair with a short haircut and light coloured eyes.⁵⁹⁹ Apart from those two, she said she did not know of any other girl who stayed in this apartment. However, she said that she gathered from her conversation with the two girls that another girl had come to visit from time to time.⁶⁰⁰
Witness DH, who testified that she went to Radomir Kovac’s apartment several times to bring some food, told the court that she knew that FWS-87 was living with Radomir Kovac but she never heard of any other girl living there too.⁶⁰¹ Witness DO said that Kovac told him that he was living with his girlfriend and another girl. Kovac had told the witness that he could not separate the two of them.⁶⁰² This witness never actually went to Kovac’s apartment while those women were there , but had met them in a café and described what they looked like.⁶⁰³
Finally, witness DV declared that she went to Radomir Kovac’s apartment in mid-December, after Kovac had been wounded. She actually went there twice. She said that she saw FWS-87 on the first occasion, but that she did not see her on the second visit.⁶⁰⁴ The witness first stated that she also saw another girl at the apartment, but later seemed to retract this statement.⁶⁰⁵
The Defence further argued that FWS-75’s statement that she was brought back at some point to Radomir Kovac’s apartment and then sold together with A.B. is not credible either. The Defence based its conclusion on the fact that FWS-75 recalled an event which happened the day before they were allegedly sold, an event – namely , being walked naked through town and then forced to stand naked on a table while Kovac was watching - which, according to the Defence, FWS-87 and A.S. could not remember. According to the Defence, the event during which the girls allegedly had to walk through town naked could not have taken place on 24 or 25 December since the accused Kovac was wounded on 24 December, admitted in hospital the next day and discharged on 29 December. This is based on a letter of discharge regarding Kovac issued by the Regional Medical Centre, Foca, dated 11 January 1993.⁶⁰⁶ The letter states that the accused Radomir Kovac was wounded on 24 December 1992 , admitted to the hospital on 25 December and released on 29 December. In addition , the Defence introduced Ex D111a, a certificate issued by the Military Post 7141 Foca on 2 September 1993 (Number 05-1/553) signed for the Commander, Marko Kovac , stating that Kovac had been injured in combat and sent to Foca for treatment. Witness DH claimed that Kovac had been wounded sometime after Saint Nikolas Day, possibly on 24 December 1992, that he spent a few days in hospital and that he was released a day or two before the new year.⁶⁰⁷ The witness claimed that he went to see Kovac at the hospital.⁶⁰⁸ Witness DV stated that she went to his apartment sometime in mid-December after he had been wounded.⁶⁰⁹
(c) A.S.

(i) Testimony of A.S.
A.S., who was about 19 years old at the time of the events and who is the daughter of FWS-152,⁶¹⁰ recalls seeing FWS -87, FWS-75, A.B., D.B. and J.G. at Karaman’s house.⁶¹¹ A.S. lived a very short distance from that house before the war and identified it from a photograph in court.⁶¹² A .S. did not remember anybody named “Zaga” or Dragoljub Kunarac at the house at all .⁶¹³
A.S. was continuously raped while she lived at the house. She had to perform household duties and was not free to go where she wanted to.⁶¹⁴
Witness A.S. testified that after she and other women from her village, Miljevina , had been ordered to vacate their houses and had been transported to Partizan sometime in mid-August, she spent about one to three months in Partizan itself; she was not able to be more specific about the time. From there, she, FWS-87 and probably A .B. were taken by DP 1 to an apartment, where he introduced them to two soldiers who they were told they had to stay with. She did not recall whether FWS-75 was also taken on that occasion, and when precisely A.B. arrived. The two men, “Jagos ” and “Klanfa”, took them to an apartment in the Lepa Brena building, which she identified from a Prosecution photo.⁶¹⁵
A.S. stayed for about a month or two in Radomir Kovac’s apartment and saw him on an almost daily basis.⁶¹⁶ She would sleep in one room with Jagos Kostic, while Radomir Kovac slept with FWS-87 in another room.⁶¹⁷
A.S. recounted before the Trial Chamber that on their first day at the apartment , Jagos Kostic forced her to go out on the town with him and to take his arm while doing so. She was taken to a café and then returned to the apartment; in the meantime FWS-87 had obviously been raped by Radomir Kovac, as FWS-87 herself confirmed to her later.⁶¹⁸ A.S. herself was also raped by Jagos Kostic on the first day.⁶¹⁹
A.S. stayed in Radomir Kovac’s apartment for about a month or two. She had the impression that Kovac had control over what happened in the apartment. During her stay she would sleep in one room with Jagos Kostic, while FWS-87 would sleep in the same room as Kovac; she could hear when he raped FWS-87.⁶²⁰ Jagos Kostic would rape her anytime he wanted, orally and vaginally, and she had no choice but to comply with his demands; he would also sometimes beat her and once threatened to cut her throat.⁶²¹ Both women had to obey every command, because the two men were armed at all times with knives, rifles or pistols. The apartment was locked and there was no access to the outside world.⁶²² The women had to do household work like cleaning the apartment and the men’s clothes, as well as serving them food and drinks.⁶²³
Witness A.S. recalled one incident, which she could not tie to a certain date , where she, FWS-87 and A.B. were ordered to strip by Radomir Kovac and Jagos Kostic , and forced to dance. She was not sure whether there were other soldiers present , nor if FWS-75 was there as well.⁶²⁴
Radomir Kovac was not present all the time when she was raped, but he certainly knew what was happening to her.⁶²⁵ Radomir Kovac never raped her himself.⁶²⁶
After a month she and FWS-87 were taken away by a certain “Misko” and another man, both of whom were from Montenegro. She later learnt that they had been sold for 500 Deutschmarks each and a truckload of washing powder. The men who had bought them mocked them for having been bought at such a price. They were taken first to Niksic and then to Podgorica.⁶²⁷

(ii) Supporting evidence
FWS-87 testified that she was taken to the apartment of Radomir Kovac together with A.S., FWS-75 and A.B.⁶²⁸ FWS -87 further described that A.S. would be raped by Jagos Kostic while FWS-87 herself would be raped by Radomir Kovac. FWS-87 also confirmed that the women had to do household chores during their stay in the apartment and that they were locked up in the apartment without any contact to the outside world.⁶²⁹ FWS-87’s testimony, also supports A.S.’s statement that the two women were sold together by Radomir Kovac for 500 Deutschmarks each to two Montenegrin soldiers and were subsequently taken to Niksic and Podgorica in Montenegro.⁶³⁰
(d) D.B.

(i) Testimony of D.B.
D.B. was about 19 years old when the events occurred. She is the sister of FWS-87. Before the war she lived in the village of Trosanj.⁶³¹ Her village was attacked in the early morning of 3 July 1992 when she was sleeping in the woods above the village.⁶³² After D.B. was captured in the forest, she was taken to Buk Bijela.⁶³³ From there, she was transported to Foca High School together, amongst others, with her mother and her sister FWS-87.⁶³⁴ D.B. stayed in Foca High School for about 10 to 15 days.⁶³⁵ She recalled having seen soldiers taking girls out of the classroom there. D.B. testified that FWS-87, FWS-75, FWS-50 and FWS-88 were taken out this way.⁶³⁶ After these 10 to 15 days at Foca High School, D.B. was taken to Partizan.⁶³⁷
D.B. recalled being taken away from Partizan about 10 days after her arrival there (towards the end of July), together with FWS-75, by the accused Dragoljub Kunarac, whom she heard being addressed by other soldiers as “Zaga”. She later learnt his real name when he introduced himself to her.⁶³⁸ With him was “Gaga”, Dragomir Vukovic.⁶³⁹ They came by Partizan at around 8 pm with a red Lada, which was being driven by the accused Kunarac.⁶⁴⁰ The two of them were taken to the house in Ulica Osmana Dikica no 16, which she recognised in the Prosecution photographs.
Upon their arrival at Ulica Osmana Dikica no 16, FWS-75 and D.B were taken straight upstairs, where about 10 other soldiers were already waiting.⁶⁴¹ D.B also got the impression that “Zaga” and “Gaga” were in charge, and she was told by one soldier that the accused Dragoljub Kunarac was in fact their commander. Some of the soldiers had Montenegrin accents, and she remembered the names of some of them, namely “Tolja” and Jure,⁶⁴² although it appears that she learned the latter’s name later on from FWS-75, who knew him from before the war.⁶⁴³
D.B. further testified that she was separated from FWS-75 and taken to a corner room on the left side of the house, that Jure followed her into the room, undressed her and raped her vaginally.⁶⁴⁴ Then “Gaga” entered the room and raped her, too. Finally, a boy of 15 or 16 years of age came in and raped her as well.⁶⁴⁵
After these events, “Gaga” told her to have a shower because his commander was coming, and he threatened to kill her if she did not satisfy the commander’s desires. He repeated this when the accused Dragoljub Kunarac walked in.⁶⁴⁶ D.B. took off the trousers of the accused, kissed him all over the body, and then had vaginal intercourse with the accused. D.B. said she felt terribly humiliated because she had to take an active part in the events,⁶⁴⁷ which she did out of fear because of “Gaga’s” threats earlier on; she had the impression that the accused knew that she was not acting of her own free will, but admitted after a question by Defence counsel that she was not sure if there would have been intercourse, had it not been for her taking some kind of initiative.⁶⁴⁸ After some time, “Gaga” returned to the room and asked the accused whether he was satisfied, addressing him as “commander”, to which the latter did not reply.⁶⁴⁹ Both FWS-75 and D.B. were then returned to Partizan. FWS-75 appeared terrified and was barely able to walk, but apparently did not tell D.B. what had happened to her.⁶⁵⁰
D.B. testified that on the day when the Aladza mosque was blown up, she was again taken to the house in Ulica Osmana Dikica no 16. She hesitated for a while in her testimony whether it was 1 or 2 August 1992, but finally thought that it actually happened on 2 August 1992.⁶⁵¹ Together with her were FWS-87, FWS-75 and (probably) FWS-50. They were taken away in a red Lada by Dragoljub Kunarac and “Gaga”; some other soldiers who had come with Dragoljub Kunarac to Partizan did not return with them.⁶⁵²
D.B. also recounted the previous visit of a female who introduced herself as a journalist who worked for the TV in Bosnia and Herzegovina, and whom D.B. told about what happened to the women in Partizan, including that she had been raped by the accused Dragoljub Kunarac. This conversation made the journalist angry and nervous and, in answer to a specific question of the Prosecution, D.B. stated that she later heard soldiers say that the accused Kunarac had an affair with this woman . On the same day, Kunarac came to Partizan and left with the journalist.⁶⁵³
When they arrived at Ulica Osmana Dikica no 16, approximately 10 soldiers were already waiting there. She and FWS-75 had to prepare dinner for them. When the explosion occurred, windows in the house were shattered. Some soldiers went out and when they came back reported that the Aladza mosque had been destroyed.⁶⁵⁴
After the explosion, she was taken to another room on the right side of the house by a certain “Jure” and raped by him vaginally.⁶⁵⁵ She stayed with him for the rest of the night. She did not see the accused Dragoljub Kunarac in the house later that night, only before the explosion when he came to the kitchen and stayed for about 10 minutes before leaving. In the morning, there were only a few soldiers, FWS-75 and FWS-87 present.⁶⁵⁶
Around lunchtime, the accused Dragoljub Kunarac returned with the red Lada. The witness, FWS-87 and FWS-75 were put in the car, and driven by Kunarac and another soldier, whose name she did not remember, to a restaurant in Miljevina. There, DP 3 was already waiting together with some soldiers whom the three girls were told to sit with. Afterwards she was taken to a house in Miljevina.⁶⁵⁷
D.B. recalled that she was brought to the house in Miljevina⁶⁵⁸ by a certain “Misko”. She knew the daughter of the house’s previous owner from school.⁶⁵⁹ When she arrived, there were other girls standing in front of the house, who later told her that “Zaga” came to the house as well, but she did not see him then.⁶⁶⁰ As she later also learned, some soldiers stayed in the house permanently: Radovan Stankovic, who told her his name, Nedzo Samardzic and Nikola Brcic. DP 3 came to the house from time to time.⁶⁶¹ Upon her arrival, each soldier took one girl exclusively for himself. The witness herself was selected by Radovan Stankovic, who raped her constantly during her stay in the house.⁶⁶² The women could not leave the house and had no choice or control over their fate.⁶⁶³
D.B. testified that she saw Dragoljub Kunarac at the house at a later stage , when he allegedly came to visit the girls. He sat in the living room with them and talked with them. She remembers that his arm was bandaged and that someone among the soldiers told her that he had had a car accident. She did not see him taking a woman into a room, but confirmed that she saw him with her sister, FWS- 87, in the living room.⁶⁶⁴ In her testimony in court she did not remember the exact date when this happened, but she thought it was about a month after she had been brought to the house in Miljevina , ie, after 3 August 1992.⁶⁶⁵
D.B. did not know Dragoljub Kunarac from before the war, but she heard other soldiers addressing him as “Zaga”. D.B. said he was wearing a camouflage uniform and was armed the first time she saw him.
D.B. was taken away from Karaman’s house by Radovan Stankovic and brought to his apartment in the Lepa Brena block, where she stayed for about 15 days, when on 3 November 1992 Stankovic helped her across the border and she was able to take a bus to Brod.⁶⁶⁶ During her time in the apartment she did not see FWS-75, A.S. or FWS-87.⁶⁶⁷ She agreed under cross-examination by the Defence that she felt protected by Stankovic , but only insofar as she was safe from being raped by other soldiers, too.⁶⁶⁸

(ii) Supporting evidence
The description by FWS-75 matches the description given by D.B. regarding the incident when they taken together to Ulica Osmana Dikica no 16 by Dragoljub Kunarac .⁶⁶⁹ FWS-75’s testimony could not confirm, however, the rapes inflicted upon D.B. during the night at the house since she herself was in a different room, being gang-raped by a group of soldiers.⁶⁷⁰

(iii) Defence evidence
Kunarac testified that he went to the house in Ulica Osmana Dikica no 16 on 3 August 1992, and that he went in one of the rooms upstairs. After 15-20 minutes , D.B. and “Gaga” entered the room. Dragoljub Kunarac told D.B. to sit down on the couch but instead he said that she sat next to him on the bed.⁶⁷¹ D.B. told him what had happened to her during the previous month, her rapes and mistreatments, and that she was with her sister at Partizan.⁶⁷²
The conversation allegedly continued for 1 ˝-2 hours. She then fell on him and put her head on his chest and started kissing him. Dragoljub Kunarac said that he felt very confused⁶⁷³ and that he tried to repel her, but to no avail. Dragoljub Kunarac insisted, however, that he did nothing to compel her to make such advances. He said the following: “[I had sex] against my will […] without having a desire for sex”;⁶⁷⁴ and further, “I cannot say that I was raped. She did not use any kind of force but she did everything”.⁶⁷⁵
Dragoljub Kunarac added that she took the initiative, that she unbuttoned his trousers and initiated the intercourse.⁶⁷⁶ Dragoljub Kunarac said that he did not understand at the time the reasons for her behaviour.⁶⁷⁷
Dragoljub Kunarac claimed that, because he later learnt why she behaved in such a way, he had a guilty conscience and that is why he volunteered to give interviews to the Prosecution after he surrendered.
Dragoljub Kunarac insisted that, at the time, he did not know that D.B. had been threatened by “Gaga” or anyone else and that he only learnt that later on 13 August,⁶⁷⁸ when he had a discussion with “Gaga” about what FWS-191 had told him.⁶⁷⁹ On that occasion, “Gaga” admitted that he was to blame for D.B.’s behaviour⁶⁸⁰ and that he had told her that she should please Kunarac and deflect him from trying to find out who was responsible for the rapes. According to Kunarac, “Gaga” wanted to protect Kunarac from finding out who was responsible. Dragoljub Kunarac said that “Gaga” had gone alone to Partizan to fetch D.B. and FWS-75 to free them so as to avoid any altercation with those responsible for their detention. When he learnt that they were in Miljevina, “Gaga” allegedly decided to go there and get them but was wounded in the event. Kunarac said that he talked to “Gaga” again on 13 August, who once again took the blame for all that happened.⁶⁸¹
(e) FWS-50

(i) Testimony of FWS-50
FWS-50 was about 16 years old when the events occurred. Her mother is FWS- 51, her father is FWS-52. FWS-62 is FWS-50’s grandmother.⁶⁸² Before the war, FWS-50 lived in the village of Mjesaja in the Foca municipality.⁶⁸³ At the beginning of May 1992, FWS-50 and her family began to live in the woods because they were afraid they might be burned in their home, which had started to happen in surrounding villages.⁶⁸⁴ When Mjesaja was attacked in the early morning on the 3 July 1992, she was in the shelter in the woods.⁶⁸⁵ FWS-50 was captured on 5 July in the woods with a group of people, amongst others, her mother, two brothers and her sister.⁶⁸⁶ She was then taken to Buk Bijela with a group of women and children and two elderly men.⁶⁸⁷
At Buk Bijela, she was raped orally by Zoran Vukovic.⁶⁸⁸ This incident was not mentioned by the witness before and consequently was not charged in the Indictment before the Trial Chamber. The Prosecution chose not to amend the Indictment against the accused Zoran Vukovic. The Trial Chamber does not base a conviction on this incident.
FWS-50 testified that on 5 July 1992 the group of captured civilians she was with was taken from Buk Bijela to Foca High School.⁶⁸⁹ On her second day at Foca High School soldiers came in and took about eight women , including herself, D.B., FWS-87, FWS-75, FWS-95 and FWS-88 and a woman who had the same name as her own mother, to another room adjacent to the main room in which they generally stayed. In that adjacent room each girl was picked by a soldier. One armed soldier told the witness to follow him and took her to yet another room , where she was ordered to undress and lie down. He raped her, whilst swearing at her. Afterwards she was brought back to the main room. She was not taken out again while at Foca High School, although she saw other girls being taken out frequently .⁶⁹⁰
The witness did not mention any names of the men who raped the women.
FWS-50 recalled that she was taken to Partizan about 11 days after she had been brought to Foca High School on 5 or 6 July 1992.⁶⁹¹ She was taken out from there by the accused Zoran Vukovic, whom she already knew from Buk Bijela, and another soldier, both of whom were looking for her about two days after her arrival. She tried to hide in the bathroom, but her mother came to get her because she was afraid of what might happen to the other detainees if she did not come out. Vukovic took her and FWS-87 to an abandoned apartment, where Vukovic took her to a room and raped her. She did not mention whether FWS-87 was raped by the other soldier at that time.⁶⁹²
FWS-50 testified that during the second rape, Zoran Vukovic made a comment about his daughter being of the same age than FWS-50.⁶⁹³ She said she might have seen him before the war, but could not be sure that she knew him.⁶⁹⁴ She was not sure either whether she knew his name before the war, but she heard it several times during the war.⁶⁹⁵
FWS-50 testified that on 2 August 1992 she was taken from Partizan to a house in the Aladza neighbourhood, together with FWS-87, FWS-75 and D.B. She did not mention that the accused Dragoljub Kunarac took her there. According to her, when they arrived there were only soldiers present, no other women or girls.⁶⁹⁶ Her first encounter with the accused Dragoljub Kunarac took place at Ulica Osmana Dikica no 16 on 2 August 1992.⁶⁹⁷ She saw him again at Partizan when he came to pick up girls.⁶⁹⁸
In the house, the accused Dragoljub Kunarac took her away from the others and into another room, where he raped her on a sofa. FWS-50 described him as having been very forceful on that occasion. The Indictment does not charge the accused Dragoljub Kunarac with this particular act of rape. Consequently, the Trial Chamber does not base a conviction on this incident. When Kunarac was finished with her , he took her back to the main room where all the other soldiers were sitting.⁶⁹⁹
FWS-50 recounted being raped again on the same night in a workshop attached to the house, by an old Montenegrin soldier who wielded a knife and threatened to draw a cross on her back and to baptise her. FWS-50 said that he raped her “in a beast-like manner”.⁷⁰⁰
She was returned to Partizan that night, while the other girls stayed at the house.⁷⁰¹

(ii) Supporting evidence
FWS-87 testified that FWS-50 was amongst the women who were called out and raped during the incident at Foca High School, although neither FWS-75 nor FWS-95 mentioned FWS-50 in this context.⁷⁰²
FWS-87 was not able to recall an incident described by FWS-50 during which the two women were taken out by Zoran Vukovic to an abandoned apartment where FWS -50 subsequently was raped by the accused Vukovic. FWS-87 recalled seeing Zoran Vukovic only twice: once when she was raped by him at Foca High School and later when he came to Radomir Kovac’s apartment.⁷⁰³
FWS-87 and FWS-75 confirmed that FWS-50 was amongst the women who were taken from Partizan to a house in the Aladza neighbourhood.⁷⁰⁴ D.B. testified that FWS-50 probably was amongst these women.⁷⁰⁵

(iii) Defence evidence
Concerning the events described in paragraph 7.11 of Indictment IT-96-23/1 in which Zoran Vukovic is accused of having taken out FWS-87 together with FWS-50 from Partizan and then of having raped the latter, the Defence emphasised that, contrary to what is alleged in the Indictment, FWS-87 could not remember the accused Zoran Vukovic with respect to this specific event or, for that matter, any event apart from the one described in paragraph 6.6 of the Indictment. The Defence added that FWS-50, the other alleged victim, did not mention FWS-87 in her recounting of this instance because, the Defence suggested, she was aware of the fact that FWS-87 could not remember being part of it.⁷⁰⁶ Furthermore, the Defence contended that FWS-50’s recounting of the events before the Trial Chamber were “totally different […]” the events described in paragraph 7.11 of the Indictment.
The Defence further contended that an injury incurred by the accused Zoran Vukovic on 15 June 1992 rendered him temporarily impotent for a period of “at least three weeks” which made him incapable of having an erection. Consequently, the Defence concluded, he could not have raped anyone during that period of time.
Several witnesses testified about the accident or the injury allegedly sustained by Zoran Vukovic. Witnesses DV and DP said that the accident probably took place in June 1992.⁷⁰⁷ Witness DV said that she brought Vukovic some medicine. However, she conceded that she was unable to assess the long-term effect of such an injury.⁷⁰⁸ The witness, a nurse, added that she did not think that these were serious injuries and that Vukovic might have exaggerated it in order not to be sent to the front.⁷⁰⁹ This witness also said that the log book kept at the brigade level concerning the injuries sustained by its members did not contain any reference as to the nature of Vukovic’s injury.⁷¹⁰ Witness DP claimed that he saw Vukovic’s injury and that he brought Vukovic to the hospital that day.⁷¹¹
Professor Dušan Dunjic, medical expert for the Defence, stated that a rupture of the testis can have lasting effect for 1-2 months and can make it “virtually impossible” for a man to have sexual intercourse.⁷¹² He noted, however, that such an injury would not stop the desire to have sexual intercourse,⁷¹³ but it would make it “impossible to reach an erection”.
Doctor Yvan de Grave, the Registry’s appointed medical expert, and Professor Dunjic were later called to give their expert opinion in regard of Zoran Vukovic’s injury.⁷¹⁴ Doctor de Grave stated that an epididymical cyst such as the one found in Vukovic’s scrotum was a common feature in about a third of the male population.⁷¹⁵ He said that such a cyst would generally be caused by a disease or could be congenital . He also agreed that it could be the consequence of a traumatic event such as an accident.⁷¹⁶ Considering the case history as described by the accused Zoran Vukovic and his examination of Vukovic , Doctor de Grave concluded the following: “Either there is a mistake in the case history or something else is wrong, but the two things don’t go together’.⁷¹⁷ He added that if the cyst had been caused by a trauma of the sort and severity described by the accused Vukovic he would have found other post-traumatic signs of the accident on the accused’s testicles and scrotum, which in this case did not exist.⁷¹⁸ The doctor also acknowledged that temporary impotence could result from such a traumatic experience but added that it would not last longer than 3 days and that such impotence could not result from the trauma as described in the medical history.⁷¹⁹
Dušan Dunjic also stated that an epididymical cyst could be congenital or form as a result of a disease or a trauma. He said that each type of cyst had its own characteristics and, depending on the way they occur and where they are localised , they give a certain clinical picture.⁷²⁰ According to Professor Dunjic, the accident as described by Zoran Vukovic could have given rise to such a cyst⁷²¹ and that, at a minimum, such a causal relationship could not be ruled out. He put forward the four elements which led him to such a conclusion: the very presence of a epididymical cyst, the increased painful sensitivity of the right testicle as described by the accused during examination, the description by the accused of his fainting following the accident and, more generally, the case history.⁷²² Professor Dunjic stated that on the basis of the information available to him, he could not make definitive conclusions as to whether temporary impotence could have resulted from such an accident. In any case, he said that such a cyst could in theory lead to temporary impotence.⁷²³ In any case, he said that because of the nature of the injury, it would make it extremely painful for someone to have an erection, despite the possibility that the desire might exist. Professor Dunjic conceded that both with respect to the case history and the increased sensitivity of the testicle, his conclusions were based on Zoran Vukovic’s own statements and thus dependent on the truthfulness of the information he received from the patient.⁷²⁴ With respect to the fainting, the doctor also conceded that someone witnessing a fainting of the kind described would likewise be able to describe the symptoms of this fainting.⁷²⁵ Although he insisted that there was scientific evidence that such a cyst could be caused by a trauma, he conceded that he could not scientifically ascertain that the accident indeed happened.⁷²⁶
(f) FWS-191

(i) Testimony of FWS-191
Before the war, FWS-191, who is the daughter of FWS-192 and who was about 17 years old when the events occurred,⁷²⁷ lived with her family in Gacko.⁷²⁸ They left Gacko around 20 June and went first to Borac and, later, to Zelengora.⁷²⁹ From Zelengora they fled through the woods in the direction of Konjic but were captured in the area of Ulog on 4 July 1992.⁷³⁰
FWS-191 stated that she was first taken to a school in Ulog and, after two or three days there, was brought to Kalinovik school on 7 July 1992, where about 130-140 Muslim civilians from Gacko were being held, among them her mother. She stayed there until 2 August 1992. On that day she was taken away from the school , together with about seven or eight other girls, among them J.G., FWS-186 and FWS -190, by soldiers in camouflage uniforms. She later learnt that the men who took her out were Dragoljub Kunarac, nicknamed “Zaga”, and “Gaga”, also nicknamed “Montenegrin ”. When she asked one of the guards at the school to protect them, the latter said that he could not do anything because “Zaga” was in overall control.⁷³¹
In the car, “Gaga” and “Zaga” sat in front, and all the girls in the back seats . They drove for about 10-15 minutes, passing through Kalinovik, and then were transferred on to a refrigerator truck, which eventually took them to Foca. They finally arrived in the Aladza area, which the witness did not know at the time, but found out when talking to other women afterwards. When they arrived, there were soldiers waiting, but she did not remember if Dragoljub Kunarac was also present at that time. She had the impression that the soldiers were Serbs or Montenegrins , and recalled the name of one of them, Jure Ivanovic.⁷³²
About 30 minutes or an hour later, “Zaga” came back with DP 6, and both were greeted with respect by the other soldiers, from which the witness concluded that “Zaga” was in charge.⁷³³ They were not mistreated in that house. “Zaga” told FWS-191, FWS-186 and J.G. to get in the car again, and took them to Partizan. Dragoljub Kunarac got out of the car and spent some 5-10 minutes talking to one or two girls, after which he returned to the car.⁷³⁴ From Partizan they drove to a house in Trnovace, which FWS-191 recalled was DP 6’s house.⁷³⁵
“Zaga” left for about 40 minutes or an hour and, when he returned, there were the three girls, Dragoljub Kunarac, DP 6 and “Gaga”, present in the house. DP 6 told everyone where to sleep. J.G. went with “Gaga” up to the first floor, FWS-186 went to the second floor with DP 6. The girls obeyed any order they were given and did anything they were ordered to do.⁷³⁶
“Zaga” came to the room in which she was and introduced himself to her. FWS -191 told him she was a virgin and Dragoljub Kunarac said that he would then be the first. He undressed and ordered her to do the same, which she did. He had put a bayonet on the table which frightened the witness very much. Kunarac tried to penetrate the vagina of FWS-191 but did not entirely succeed, because she was rigid with fear. They spent the rest of the night together in that room.⁷³⁷
FWS-186 told her that DP 6 had taken out a pistol and put it next to them, before he raped her. J.G. said that she had not been raped by “Gaga” because she had her period.⁷³⁸
When “Zaga” told FWS-191 his name, he also showed her his tag with his name on it.⁷³⁹ He boasted to the witness that before the war he went to France where he lived off the looting of boutiques .⁷⁴⁰ He also told that her he was a drug addict at some point. Before coming to Foca, he told her he had fought on the Croatian front. Before the war, he seems to have been employed in a pharmaceutical company.
She spent about 5-6 months in a house in Trnovace. During the first 1-1 ˝ month, approximately, she was raped by “Zaga”. She described him in the following terms:⁷⁴¹ “Tall, thin, and his hair was not very short; it was longish. I think he had a rough face, big eyes. His hair was brown.”
After having been taken away from the house in Trnovace by her future husband , she never spoke to “Zaga” again, although on one occasion he asked her husband to see her, which she refused. However, she later saw him in the period after the war, as her children and his were going to the same school in Foca. The last time she saw him was just before he surrendered to the Tribunal.⁷⁴²
FWS-191 testified that “Zaga” came to the house in Trnovace until the end of September. Each time he came he would rape her. He tried to rape her anally at one point but had to desist because it was too painful for the witness. She felt like she was his property. FWS-186 had to have sex with DP 6 whenever he was at the house and until the summer of 1993, when they had already left the house. FWS -191 was convinced that “Zaga” was also aware of what was going on between DP 6 and FWS-186.⁷⁴³
Both girls were not free to go where they wanted to, although at some point they were given keys to the house. They were forced to use Serb names and to do household chores. They actually asked DP 6 to be allowed to stay in the house because they were very much afraid of being taken to Karaman’s house and what might happen to them there.⁷⁴⁴ At some stage FWS-191 was allowed to write a letter to her mother, FWS-192.⁷⁴⁵
The soldiers of DP 6 and Dragoljub Kunarac would come to the house. Dragoljub Kunarac admitted to her himself that he was the commander of a reconnaissance unit , but she had the impression that DP 6 outranked him, and that his unit was stronger than that of Dragoljub Kunarac.⁷⁴⁶
Other girls were brought into the house by “Zaga” around the first half of August 1992, namely FWS-175 and MK (RK). Both of them were raped at the house in Trnovace. FWS-190⁷⁴⁷ was brought there by DP 1.⁷⁴⁸
FWS–191 recalled that “Zaga” had an accident, she thought with an armoured carrier, sometime in September 1992. He broke his arm and probably a rib. An acquaintance of Dragoljub Kunarac, a woman named Jadranka, came to the house and took her to the hospital to see “Zaga”, and on that occasion he tried to rape her as well, but was stopped by DP 6 or Jadranka. Despite his injuries, he continued to rape her when he came back to the house. FWS-191 estimated that she was raped by Dragoljub Kunarac more than 20 times in the period from August 1992 to September 1992.⁷⁴⁹
She was also raped by DP 6 and another soldier called Zoran Nikolic. The latter raped her twice, once when “Zaga” was in the house, while DP 6 raped her once.⁷⁵⁰ Other soldiers also attempted to rape her.⁷⁵¹
After about two months, in late September, Dragoljub Kunarac went to Montenegro for 5 to 7 days. During that time her future husband took her and FWS-186 away and to an apartment in Foca where he hid her from Kunarac. Although Kunarac tried to find and contact her after that, he never succeeded in speaking to her. Although she could have been exchanged in Pale, she refused because she was pregnant and did not want to leave her husband; she had also heard that she would be forced to have an abortion were she to leave for Sarajevo. She left Trnovace in January 1993 , and Foca on 23 April 1998.⁷⁵²
FWS-191 testified that she met Radomir Kovac, nicknamed “Klanfa”, on various occasions while in Foca. According to the witness, he was in “DP 2’s Unit”, and the witness had previously been a good friend of DP 2, the leader of that unit.⁷⁵³ She also knew that Radomir Kovac lived in the Brena apartment block. She went to his apartment to get her clothing that had been taken there in October 1992 when she was not with “Zaga” anymore.⁷⁵⁴ On that occasion, she saw three girls in Radomir Kovac’s apartment, including FWS -87. FWS-191 could not remember if there was a fourth girl.⁷⁵⁵ She remembered that prior to this event Kovac once brought FWS-87 to the apartment of his aunt where FWS-191 stayed for a while with her future husband.⁷⁵⁶ FWS-191 recalled that DP 1 told her that he had found FWS-87 under a bridge.⁷⁵⁷ This event took place in approximately mid-October 1992.⁷⁵⁸ In rebuttal, FWS-191 stated that she never was at café Leonardo with FWS-87 on their own and that it is inconceivable that FWS-87 or any Muslim girl could have moved around town freely; everybody knew about her situation.⁷⁵⁹ FWS-191 added that despite the fact that she was married to a Serb, she, as a Muslim woman, would never go to a café on her own, let alone café Linea where soldiers would gather. FWS-191 recalled that she was too frightened to even walk alone in Foca because she did not feel safe; only towards the of 1993 did she feel secure enough to walk out alone.⁷⁶⁰ She would go to the Brena building to visit FWS-190, who was living with DP 1 in the Brena block.⁷⁶¹ She also went once to Kovac’s apartment with DP 1.⁷⁶²
Witness FWS-191 knew Zoran Vukovic.⁷⁶³ She said he was also in DP 2’s Unit. She saw him frequently and talked to him. She knew his family, children and wife.⁷⁶⁴ He was friendly with her.⁷⁶⁵

(ii) Supporting evidence
FWS-192, the mother of FWS-191, confirmed that on 2 August 1992 a soldier came to Kalinovik school and took away her daughter. She recalled having learnt from one of the guards that this man was called “Zaga”. FWS-192 further recalled having asked “Zaga” when she met him again where her daughter was and having heard him answer that FWS-191 was at his place and that he would not bring her back. FWS- 192 recalled that she received the letter written by FWS-192 from “Zaga” and DP 6. FWS-192 further testified that she did not see her daughter again before 2 August 1994.⁷⁶⁶
FWS-186 recalled in her testimony that she was told by FWS-191 that FWS-191 had been raped by Dragoljub Kunarac during the same night that FWS-186 herself was raped by DP 6 in another room of the Trnovace house.⁷⁶⁷ FWS-186 further confirmed that FWS-191 was raped subsequently by Dragoljub Kunarac for about one and a half to two months and that, once, she saw Kunarac with a plaster on his arm.⁷⁶⁸
FWS-190 testified that she saw Dragoljub Kunarac raping FWS-191 at Trnovace .⁷⁶⁹
FWS-175 testified that she noticed after her return to the house in Trnovace that FWS-191 was with “Zaga” whereas FWS-186 was with DP 6. She further stated that she could see from the expression on her face that FWS-191 was being raped during the time she stayed at the house.⁷⁷⁰

(iii) Defence evidence
During his testimony, the accused Dragoljub Kunarac said that he started monitoring Rogoj on 3 August 1992 in the afternoon at about 4.30 pm.⁷⁷¹ On 4 August he was on his way to Dobro Polje where he stayed until the morning of 8 August.⁷⁷² During that period, he said that he slept in the woods around Rogoj.⁷⁷³ On 7 August in the evening, he was told to report to the commander of the brigade . In the early hours of the morning of the 8th he and his men started out for Foca and arrived in Kalinovik at about 7 am. There, he took a car at the Kalinovik SUP and left the car at the Foca SUP. Dragoljub Kunarac said that he dropped off his men in Aladza and went on to the brigade headquarters where he arrived at 7.10 am .⁷⁷⁴ He was then tasked to go to Papretna.⁷⁷⁵ However, he said that he had an accident on his way, sometime around 7.30 am,⁷⁷⁶ that he broke his ribs and was bruised and had to go to the hospital. Kunarac said that he left the hospital that very same day and went straight to his parents’ house from where he went to a funeral where he saw DP 6.⁷⁷⁷
On the night of 9 August, Dragoljub Kunarac claimed that he went to the house in Trnovace with DP 6 and “Gaga” where FWS-191 and FWS-186 were staying.⁷⁷⁸ It was also, he said, the first time that he met the men who, together with DP 6 , allegedly raped those two girls.⁷⁷⁹ Kunarac said that he slept there that night, alone. On the morning of 10 August , he talked to the girls. He said that they told him that DP 6 and “Gaga” had gone . They also recounted their stories to him and said that they had been brought there by “Gaga” and DP 6 on 2 August.⁷⁸⁰ Kunarac said that he stayed in this house again between 10 and 11 August, in a room with FWS-191. Kunarac insisted, however, that nothing happened.⁷⁸¹
“Gaga”, DP 6 and the man who allegedly also raped FWS-191⁷⁸² had come back from Foca with a woman called Jadranka.⁷⁸³ Kunarac said that after dinner, DP 6 had a heart attack,⁷⁸⁴ and because the two other men had gone again, he had to go to the hospital to ask them to come back and take DP 6 as Dragoljub Kunarac could not carry him because of his broken ribs.
Dragoljub Kunarac claimed that he talked to FWS-191 about 4 or 5 times, as he claimed she was a good source of information about the situation in Zelengora , but that he never raped her. He said that, on 9 August, he had two broken ribs and was barely able to sit as a consequence.⁷⁸⁵ He said that 9 August was the first time he saw her.⁷⁸⁶ He continued to see her up to the last day even after she was married.
The accused Dragoljub Kunarac also stated that when he went to Trnovace, only FWS-191 and FWS-186 were at the house; he did not see FWS-190⁷⁸⁷ or any other girls who testified that they were there at the time. In particular , he said that he did not see FWS-190, contrary to her assertion that she came to the house with DP 1.⁷⁸⁸ He did not see FWS-175 or RK either.⁷⁸⁹
Dragoljub Kunarac testified that on 14 August he went to see Dragan Gagovic at the SUP to report about what FWS-191 had told him; Kunarac claimed that he wanted to take FWS-191 and the rest of her family to his family in Tivat, Montenegro.⁷⁹⁰ Dragan Gagovic accepted and gave him permits for both FWS-191 and FWS-186. When offered the possibility to leave for Montenegro, FWS-191 said that she had to ask her mother; so she wrote a letter addressed to her which Dragoljub Kunarac, together with DP 6, brought to her mother in Kalinovik school.⁷⁹¹ The authorities at the school said, however, that the mother could not leave because she was to be exchanged. But Kunarac had an opportunity to talk to her and told her how she could get hold of her daughter in Tivat by giving her his private number in Tivat. Kunarac said that the mother wrote a letter to her daughter, saying she had talked to Kunarac and that she would look for her under the Serbian name she had used in the letter. Defence Ex D86 is a newspaper interview given by the mother of FWS-191, mentioning the telephone number in question.
According to Dragoljub Kunarac, when he came back from Montenegro sometime in September 1992 to take FWS-191, a Serb soldier who would later become FWS-191’s husband told him not to bother and that she was now with him.⁷⁹²
(g) FWS-186

(i) Testimony of FWS-186
At the beginnning of the war in 1992, FWS-186 was about 16 ˝ years old. FWS -185 is her mother.⁷⁹³ Before the war, she lived in Gacko town but in May 1992 she went back to her parents who lived in Ravne.⁷⁹⁴ Her village was attacked on the 28th or 29th of June. She was with a group of 200 people, amongst them only 10 to 15 men, in the village of Ulog, when she tried to flee to Konjic.⁷⁹⁵ After their surrender, the group was first taken to the school in Ulog where they stayed for one or two nights.⁷⁹⁶ On 2 August 1992, all persons under the age of 55 years, including FWS-186, were transported to Kalinovik school whereas older people were released. FWS-185 was not released since she did not want to leave her family.⁷⁹⁷
FWS-186 testified that on 2 August 1992, the accused Dragoljub Kunarac and “Gaga” stormed into the Kalinovik school, where she was being held together with other women, and told her to follow them. She went into the hall with FWS-191, FWS-190 and J.G., all of whom were from Gacko.⁷⁹⁸ J.G. was about 14 years old at that time.⁷⁹⁹
FWS-186 did not know the name of the accused Dragoljub Kunarac at the time, but she later learnt it during her time in the house in Trnovace.⁸⁰⁰
Together with three other girls from Kalinovik they were taken in the direction of Foca in a red Lada car, by Dragoljub Kunarac and DP 6. In Miljevina, they were transferred onto a refrigerator truck and ultimately brought to a house in Foca, where a number of soldiers were present. The witness did not remember whether Dragoljub Kunarac was there, when they arrived, but she stated that she believed he and DP 6 took them to the house in Trnovace later.⁸⁰¹ None of them was abused in Foca. After about one or two hours, the witness, FWS -191 and J.G. were taken to a house in Trnovace by Dragoljub Kunarac and DP 6 in a car. FWS-186 identified the house in Trnovace.⁸⁰² It appeared to her that DP 6 owned it.⁸⁰³
On the first evening in the house, the three of them were there with DP 6. They had to prepare food. Later, Dragoljub Kunarac and “Gaga” came at around 1 am or 2 am. DP 6 told them in which room they would sleep. DP 6 came to the room to which FWS-186 had gone, locked the door from the inside and raped her. J.G. later told her that she had been raped by “Gaga”, and FWS-191 said she had been raped by Dragoljub Kunarac.⁸⁰⁴
FWS-186 did not know Dragoljub Kunarac from before the war.⁸⁰⁵ When he came to take her away from Kalinovik High School, it was the first time she had ever seen him.⁸⁰⁶ She learnt his name at the house in Trnovace⁸⁰⁷ but recalled that “Zaga” only came to that house for 1 ˝ to 2 months. She described him as “tall, dark, big eyes, skinny”.⁸⁰⁸ She would address him as “Zaga”.⁸⁰⁹ She saw his photo in the press when he surrendered to the Tribunal and recognised him immediately.⁸¹⁰ She had not mentioned him in her first statement given on 26 November 1993,⁸¹¹ a day after her exchange, because she wanted to protect FWS-191 and J.G..⁸¹²
FWS-186 testified that she stayed at the house in Trnovace for about five months . During that time she was required to have sexual intercourse with DP 6 continuously , when he was not away in Montenegro or on the frontlines. FWS-191 was raped by Dragoljub Kunarac for about one and a half to two months. At some point she recalled seeing him with a plaster on his arm. J.G. stayed at the house only for a few days .⁸¹³ About a month after the departure of Dragoljub Kunarac from the house, Dragan Dzurovic arrived to live in the house .⁸¹⁴
During her stay, other soldiers would come to the house, which the witness thought were DP 6’s and Dragoljub Kunarac’s men. However, these soldiers were not allowed to touch the women.⁸¹⁵ She was not able to ascertain the relationship of rank between DP 6 and Dragoljub Kunarac .⁸¹⁶
At a later stage, other women were brought to the house, namely FWS-175 and MK (also known as RK), but only stayed for 20 days.⁸¹⁷ At the request of FWS-186, FWS-190 was also brought there some time later, because they were good friends. FWS-190 stayed for about two days, and then was moved to Foca to stay with DP 1. FWS-190 told FWS-186 that she had been raped by “Vojvoda ” while the two of them were separated.⁸¹⁸
At the beginning of January 1993, FWS-186 and FWS-191 were taken to the apartment of DP 6 in Foca, where FWS-186 remained until she was exchanged at Sarajevo Airport on 25 November 1993. During that time she was raped once or twice by DP 6.⁸¹⁹ FWS-191 had in the meantime formed a relationship with Dragan Dzurovic, whom she married eventually, and did not want to be exchanged.⁸²⁰ FWS-186 could not remember having seen Radomir Kovac or Zoran Vukovic in Trnovace .⁸²¹

(ii) Supporting evidence
FWS-175 confirmed that FWS-186 was already at the house in Trnovace when she arrived together with RK (MK). She further noticed that FWS-186 was with DP 6. In addition, FWS-175 recalled that FWS-186 and FWS-191 were raped during the time she stayed at the house and explained that although she never saw the rapes themselves she could deduce from the expression on the faces of the girls what had happened .⁸²²
The evidence given by FWS-186 as to being moved with J.G and others from Kalinovik school to a house in Trnovace on 2 August 1992 by Dragoljub Kunarac and “Gaga”, and the subsequent incidents is further supported by the testimonies of FWS-190 and FWS-191. FWS-191 confirmed that at the Trnovace house FWS-186 had to go to the second floor with DP 6.⁸²³ She further recalled that FWS-186 had to have sex with DP 6 whenever he was at the house and until the summer of 1993. FWS-191 further recalled, as did FWS-186, that J. G had to go with “Gaga” to a room on the first floor.⁸²⁴ As to the rape of J.G., however, FWS-186 recalled that J.G. told her afterwards that she had not been raped by “Gaga” because she had her period.⁸²⁵
FWS-192, the mother of FWS-191, testified that she was present when DP 6 admitted to FWS-185, the mother of FWS-186, that her daughter was with him and told FWS-185 to give him clothes for her daughter.⁸²⁶
(h) FWS-190

(i) Testimony of FWS-190
FWS-190, who was about 16 years old when the war started,⁸²⁷ testified that she was taken by car from Kalinovik school to Miljevina on 2 August 1992 by DP 3, the Samardzic brothers and another soldier. Whether Dragoljub Kunarac or another girl were also in the car she did not fully remember, because of the state of shock she was in after having been raped. She thought that FWS-87 and D.B. were with her, and possibly FWS-75. In Miljevina, they were taken to a hotel and from there to Karaman’s house. At the house two other girls were there, who left when they arrived. During the time of her stay, JB and J.G. were also present . The women were distributed among the soldiers present, who appeared to her to be the favourites of DP 3. She was given to Radovan Stankovic, who did not mistreat her during her entire stay there. She first testified in court that she was there for about a month, but on cross-examination by Defence counsel conceded that it might have been as short as 7-10 days.⁸²⁸
She learnt only later that the men who took her away from Kalinovik school were actually “Zaga’s” men, when she got to know them. Among the persons who took them away was DP 7, whose name she learnt because he introduced himself later.⁸²⁹
They were taken in a car to Miljevina they changed to a refrigerator truck. DP 7 was with them in the car, but she did not remember any other soldier. When they were transferred to the truck, there were other soldiers present. After their arrival in the Aladza area of Foca she was taken away immediately by DP 7 to another house, near a bus station, and raped there. When she returned to the first house , the other girls had already disappeared.⁸³⁰
The house she was brought back to appeared to her to be a base for “Zaga’s” soldiers, and he appeared to be in control, as they would obey his orders.⁸³¹ When she returned, girls and women from Partizan had been brought into the house and were being raped. Among them were FWS-87 and D.B., possibly also FWS-50.⁸³² She herself was raped by a man called “Vojvoda”. During that time, the witness recalled that “Zaga” was in the main room looking at weapons. She was not quite certain when she first saw him in the house on that day, but she thought it was during the morning and around noontime.⁸³³ She had the impression that he must have been aware of what was going on in the house.⁸³⁴
On that same day she heard an explosion and saw that the Aladza mosque had been blown up. DP 7 said that “Zaga” had “done it again”.⁸³⁵
It appears that the witness first met “Zaga” when he came to Kalinovik school with the journalist Gordana Draskovic, although it was not clear whether she already knew him at the time.⁸³⁶ Another encounter with him took place at the house in Aladza, which the witness described as a gathering place for Dragoljub Kunarac’s soldiers.⁸³⁷ She was not sure that he was present as she arrived at the house, but saw him after she was brought back by DP 7 who had just raped her.⁸³⁸ She saw him again after she had been taken out of Karaman’s house by DP 7. “Zaga ” and a female took her away from DP 7’s place. From there, he brought her to DP 1.⁸³⁹ At Trnovace she saw Dragoljub Kunarac raping FWS-191.⁸⁴⁰ She declared that she did not see him on TV when he was brought to The Hague.⁸⁴¹ However, in an earlier statement she had given to the Prosecution, she had said she saw “Dragan Kunarac” on TV when he was brought to the seat of the Tribunal. When asked to comment on this discrepancy, she could not remember with certainty if she had or had not seen him on TV on that occasion.⁸⁴²
FWS-190 testified that “Klanfa” was the accused Radomir Kovac.⁸⁴³ He seemed to be in the same unit with DP 1, and would come to DP 1’s apartment.
Under cross-examination, Defence counsel for the accused Radomir Kovac questioned her credibility by putting to her that she had not mentioned Radomir Kovac in an earlier statement dated 1998 given to the Prosecution. The Prosecutor introduced two statements made in 1993⁸⁴⁴ into evidence, which had been given to the Bosnian authorities and which dealt about what happened to her, which she mentioned the accused Radomir Kovac. She also testified that she visited Radomir Kovac’s apartment to see FWS-87 and another girl who was there.⁸⁴⁵
Witness FWS-190 also met Zoran Vukovic.⁸⁴⁶ According to her memory, he belonged to the same unit as DP 1, whose commander appeared to be DP 2.⁸⁴⁷ She described Zoran Vukovic as being of “medium height, light brown hair. I don’t know about any details ”.⁸⁴⁸ He came to DP 1’s place (his family was in the same building and she met his family). She once saw pictures of Foca burning, taken at the beginning of the war, which show a man with a cowboy hat whom she thought was the accused. She testified that Zoran Vukovic personally admitted to her that it was him in the pictures.⁸⁴⁹ Zoran Vukovic also came to the apartment of DP 1’s aunt while she was there.⁸⁵⁰ According to the witness, Radomir Kovac, Zoran Vukovic and DP 1 were part of DP 2’s unit. The witness did not know any other Zoran Vukovic.⁸⁵¹

(ii) Supporting evidence
FWS-87 and FWS-75 both recalled that FWS-190 was already at Ulica Osmana Dikica no 16 when they arrived.⁸⁵²
FWS-190’s testimony regarding her transfer from Kalinovik school on 2 August 1992 to a house in Trnovace is reflected in the testimonies of FWS-191 and FWS-186 .⁸⁵³
FWS-186 further testified that FWS-190 was brought to the Trnovace house again upon request of FWS-186 because the two women were close friends. FWS-186 recalled that, during her two-day stay, FWS-190 told her that she had been raped by a certain “Vojvoda” while the two of them were separated.⁸⁵⁴ FWS-191 also recalled that FWS-190 was brought to the house by DP 1.⁸⁵⁵
(i) FWS-95

(i) Testimony of FWS-95
FWS-95, who was about 27 years old when the events occurred,⁸⁵⁶ stated that after her capture in the woods near her village of Mjesaja, she was brought to Buk Bijela and, after having spent one night there, to Foca High School . She did recall being questioned at Buk Bijela on 5 July 1992.⁸⁵⁷
On the first night during her stay at Foca High School, a man came in and ordered some women to come out. They were FWS-88, D.B., FWS-90, FWS-75, FWS-87 and another woman. Although the witness first mentioned FWS-87, she withdrew that comment when asked by the Prosecution, only to mention FWS-87 again in cross-examination as having been one of the girls taken out with her.⁸⁵⁸ FWS-95 said that they were led to another classroom where four men were waiting. Each of them took one woman, and she herself was ordered by DP 1 to take her clothes off. He had to slap her before she obeyed. She was then raped by him, but she could not recall what happened to the other women as she “withdrew into herself”. She did not mention the presence of the accused Zoran Vukovic.⁸⁵⁹
FWS-95 was taken to Partizan after about 15 to 20 days at Foca High School. From the day of her arrival, women were taken out from Partizan by soldiers on a regular basis to be raped. She recalled that one of the guards at Partizan tried to stop them from doing so, but was told that the soldiers had the authorisation of the local chief of police, Dragan Gagovic.⁸⁶⁰ FWS-95 stated with regard to the sexual relationships that they were forced to have with the soldiers: “It wasn’t sex with pleasure, it was with fury. They were taking it out on us”.⁸⁶¹
The witness recounted two occasions on which she was taken from Partizan to a house in the Aladza area, which was situated about 200 metres from the mosque. She did not recall whether Dragoljub Kunarac took her there, but she clearly remembered that she was raped by him on both occasions.⁸⁶² In a previous statement to the Prosecution, she had said that he took her out more often, about five or six times.⁸⁶³ As to the dates, the witness did not state these with precision during her testimony in court, but in an earlier statement she had described the fact that before 2 August 1992, when she was taken for rape to the house in the Aladza area, she could see the mosque; after that date she could not see it anymore.⁸⁶⁴ She was not certain that during her second stay in that house the mosque was still intact.⁸⁶⁵
On the first occasion on which she was taken to the house in the Aladza area , according to her testimony before the Trial Chamber, two other soldiers were present , over whom Kunarac appeared to have control. FWS-105 and FWS-90 were also taken there. The accused Kunarac took FWS-95 to a room where he raped her. While she declared in court that she was not raped by any other man then,⁸⁶⁶ this is in conflict with her first witness statement in which she did not mention the accused Kunarac at all as having raped her or having taken part in the rapes .⁸⁶⁷ Furthermore, in her second statement to the Prosecution, which was tendered by the Defence in cross-examination , she declared that every time Dragoljub Kunarac took her out, he and sometimes his soldiers would rape her. In addition, she said that after Kunarac raped her on the first occasion she went to Aladza, three soldiers came into the room where she and Dragoljub Kunarac were, he left her and the soldiers proceeded to rape her . No other mention is made with respect to the accused Dragoljub Kunarac as far as the house in Aladza is concerned.⁸⁶⁸
The witness could not remember the second occasion on which she was taken to the house in the Aladza area. She declared that she was taken there with other women, but could not recall the names. Dragoljub Kunarac ordered her to go into a room and raped her again. There is no mention of another rapist in her testimony before the court, as was alleged in the Indictment.⁸⁶⁹ In her second statement she mentioned that on both occasions she was raped by two or three soldiers, but it would appear that the accused Dragoljub Kunarac only raped her the first time.⁸⁷⁰
The witness testified that Dragoljub Kunarac was one of the men who raped her while she was at Partizan.⁸⁷¹ She said that his first name was “Dragan” and that he was known as “Zaga”.⁸⁷² She did not know him from before the war. FWS-90, who had relatives who knew Dragoljub Kunarac, told the witness who he was.⁸⁷³ Because of the poor quality of the photos she was shown by the Prosecution prior to the trial, she could at that time not say whether it was indeed Dragoljub Kunarac who was in the pictures, but said that now she had no doubt about it, stating in court that “it’s easier to recognise someone when you see them live than on a photograph . “Kunarac” is the same as he was”.⁸⁷⁴
The witness did not know Zoran Vukovic before the war.⁸⁷⁵ She learnt his name in the course of her detention, and connected his face and the name as she saw him in the courtroom.⁸⁷⁶ She said that she recognised him as soon as she entered the courtroom: “I am 100 per cent certain that it is him”, although she thought that he had had longer hair at the time.⁸⁷⁷

(ii) Supporting evidence
The incident in the classroom of Foca High School was recalled by several witnesses who were amongst the women called out and raped at night.⁸⁷⁸ FWS-95’s statement that she was raped by DP 1 was confirmed by FWS-75.⁸⁷⁹ FWS-95’s memory that DP 1 slapped her before she obeyed is further supported by FWS-87’s memory that she heard sounds of somebody beating someone from the corner where FWS-95 had been told to go. She also recalled hearing DP 1 swearing at FWS -95.⁸⁸⁰
FWS-105 recalled an incident in which she was taken with FWS-95 to a house in the Aladza neighbourhood where she saw the accused Dragoljub Kunarac. She could not, however, give any evidence relating to what happened to FWS-95.⁸⁸¹ FWS-105’s testimony concerning another incident where she and FWS-95 were gang-raped in the same room did not match the descriptions given by FWS-95.⁸⁸²
(j) FWS-48

(i) Testimony of FWS-48
Before the war, FWS-48, who in 1992 was about 35 years old and who is related to FWS-75,⁸⁸³ lived in Trosanj. In the early morning of 3 July 1992, her village was attacked.⁸⁸⁴ The villagers who had fled to the nearby woods were soon surrounded, captured and beaten up.⁸⁸⁵ From the woods, they were brought to the meadow where men and women were separated.⁸⁸⁶ The witness saw many Serb soldiers, including Zoran Vukovic, whom she knew from before the war.⁸⁸⁷
From the meadow, the women were taken to Buk Bijela.⁸⁸⁸ There, the witness was raped by DP 1.⁸⁸⁹ From Buk Bijela, they were transported to Foca High School in Foca.⁸⁹⁰
In her testimony in court, FWS-48 did not remember the exact date upon which the incident charged in paragraph 6.1 of Indictment IT-96-23 took place. In a previous witness statement to the Prosecution made in 1995, she had stated that she was brought to Partizan after about 8 days at Foca High School. From that statement it appears that this would have been around 11 or 12 July 1992, because she had been brought to the school around 3 July 1992. The events charged in the Indictment thus appear to relate to those she described in her statement as having taken place on her very first night at Partizan.⁸⁹¹ She said that she was taken out from Partizan about 100 times.⁸⁹²
FWS-48 recalled being called out of a bathroom in Partizan by soldiers that night, and when she arrived in the main hall, she saw the accused Dragoljub Kunarac , who told her to follow him.⁸⁹³ At first, when examined in-chief by the Prosecution, she said that she thought she had been taken to a house in Donje Polje, but after her previous statement of 1995 was read out by counsel for the Prosecution, she stated that she was actually taken to the Hotel Zelengora.⁸⁹⁴ Dragoljub Kunarac allegedly raped her twice and ejaculated on her face, telling her from now on she would be giving birth to Serb babies and that there would be no Muslims left in Foca. Dragoljub Kunarac added that there was no need for her to cry and that it was not the first, nor would it be the last time.⁸⁹⁵
Although the following evidence refers primarily to the accused Zoran Vukovic , it is also relevant to the reliability of FWS-48’s testimony with respect to the accused Dragoljub Kunarac. FWS-48 could not at first remember whether, after being raped by Kunarac, she had subsequently also been raped by the accused Zoran Vukovic . Only after the Prosecution had refreshed her memory by reading her previous statement of 1995 did she recall that Zoran Vukovic entered the room and raped her vaginally as well as orally. She declared that Dragoljub Kunarac came back to the room at some stage but was told by Zoran Vukovic to wait; she thought that Dragoljub Kunarac most probably knew what had been going on in that room.⁸⁹⁶ FWS-48 testified that after having been raped by Zoran Vukovic, she was taken back to Partizan.⁸⁹⁷ She was not able to recognise Zoran Vukovic in court as the man who had raped her.⁸⁹⁸
The Trial Chamber does not regard her evidence as reliable enough to find the accused Zoran Vukovic guilty of rape on those allegations. In relation to paragraph 7.9 of Indictment IT-96-23/1 against the accused Zoran Vukovic, the Trial Chamber stated in its Decision on Motion for Acquittal of 3 July 2000 that the co-accused Zoran Vukovic had no case to answer with regard to the charges based on the evidence of FWS-48, because it was too unreliable to allow a reasonable Trial Chamber to find the accused guilty beyond reasonable doubt and to convict him.⁸⁹⁹
FWS-48 testified that she had learned the name of the accused Dragoljub Kunarac and his nickname “Zaga” from other soldiers who referred to him by that name. She identified the accused Dragoljub Kunarac in the courtroom, but admitted that she had seen his picture on TV when he was arrested and had identified him earlier on a photograph shown to her by investigators of the Prosecution.⁹⁰⁰ When cross-examined, she described the man she believed to be “Zaga” as being about 1.77 m tall and 45-46 years old at that time⁹⁰¹ but could not say whether he was taller or smaller than herself. She also declared not to have spoken to him during her confinement, and denied having heard about him at Zelengora, which appears to be in contrast with her previous statement of 1995.⁹⁰² This again is in contrast with the interview she gave on 24 September 1998 to the investigators of the Prosecution , in which she stated categorically that she saw “Zaga” and Zoran Vukovic at the Hotel Zelengora at the time she was raped there.⁹⁰³ Furthermore, while she mentioned in the 1995 statement that Dragoljub Kunarac spoke with a Montenegrin accent, she did not remember in court having said that, nor, as was already said, did she recall that she had ever spoken to him during her imprisonment .⁹⁰⁴ The latter is also not consistent with her 1995 statement, in which she mentioned that she had asked Kunarac for how long he intended to mistreat her.⁹⁰⁵
FWS-48 was not able to put a date to the events charged under paragraph 6.2 of Indictment IT-96-23 in court. However, in her previous statement of 1995 she had mentioned that on 16 July 1992, or the fourth day after she had been taken to Partizan, she and some other women went to see Dragan Gagovic, the local police chief, to complain about the treatment they received. The witness testified that the events set out in the charge related to paragraph 6.2 took place on the night of the next day, 17 July 1992. The witness also described the attack on her village on 3 July 1992, being brought to Foca High School on the same day, staying there for about 8 days and then being taken to Partizan, from which point onward she gives a day-to-day narrative of the events, which puts this charge on the night of the fifth day at Partizan, which could be 16 or 17 July 1992, depending on whether the 8 days at the High School include the day of arrival.⁹⁰⁶
In court, FWS-48 testified that on the night after her visit to Gagovic, DP 6 took herself, FWS-95 and FWS-105 to a house near a bus station in Foca. Three other soldiers came and discussed who should go with whom. Dragoljub Kunarac was one of them. She did not remember whether they went to another house or whether they stayed where they were, but she did recall being taken into a room by the accused Dragoljub Kunarac. She was not able to recall if she was actually raped that night by the accused Dragoljub Kunarac. She only recalled one incident in a house in Donje Polje when he raped her.⁹⁰⁷
In her previous 1995 statement, however, she described being raped by Dragoljub Kunarac after having been taken by him to another house, which was about a 15-20 minute walk away. FWS-105 and FWS-95 had been taken out as well, but were left at the first location. The house was in Donje Polje and looked partially burnt. He took her into a room and raped her orally and vaginally, he bit her neck so that she suffered bruises, and he pinched her nipples, which were still sore from a prior occasion when a soldier, allegedly the accused Zoran Vukovic, had bitten her.⁹⁰⁸

(ii) Supporting evidence
Neither FWS-105 nor FWS-95 were able to put a date to the event mentioned by FWS-48.⁹⁰⁹
(k) FWS-105

(i) Testimony of FWS-105
FWS-105 recalled an instance when she was taken with FWS-95 to a house in the Aladza neighbourhood, but could not put a time to it, apart from the fact that she thought it happened between 2 am and 3 am. She saw the accused Dragoljub Kunarac there, but did not give any evidence as to what happened to FWS-95.⁹¹⁰ She testified about another incident when she was taken to another house in the Aladza area, which had an apartment on the ground floor. FWS-95 was also present and they were gang-raped in the same room.⁹¹¹ This event does not, however, match the evidence of FWS-95 herself, nor the description in Indictment IT-96-23.
The witness said that she first saw Dragoljub Kunarac when she was taken to a house in the Aladza neighbourhood; she heard the other men addressing him as “ Zaga”.⁹¹² She had heard his nickname while she was at Foca High School from the other girls. She did not see him at the school, but she heard that “Zaga” came to the High School from FWS-75, FWS-50 , FWS-87 and D.B.⁹¹³ Referring to an earlier photograph identification, she thought she had recognised “Zaga” on that occasion, but she was not told by the investigators whether she had positively identified him or not.⁹¹⁴ She stated that he had no Montenegrin accent, but that they said he was from Montenegro.⁹¹⁵

(ii) Supporting evidence
FWS-95 recalled that she had been taken out once by Dragoljub Kunarac together with FWS-105 but could not tie the incident to any date or recall details as to what happened to FWS-105.⁹¹⁶ The incident described by FWS-105 as a gang-rape of her and FWS-95 in the same room in another house in the Aladza area is neither matched by the evidence given by FWS-95 nor by the description of Indictment IT-96-23.⁹¹⁷
(l) FWS-132

(i) Testimony of FWS-132
In 1992, FWS-132 was about 15 years old.⁹¹⁸ She recalled that on 18 or 19 August 1992, soldiers came to FWS-132’s house in Miljevina and took her and her father away.⁹¹⁹ On that occasion, they beat her father with an electric cable and took him to the Miljevina police and subsequently to KP Dom where he stayed until January 1993.⁹²⁰
FWS-132 testified that on that day, the 18 or 19 of August 1992, she was taken to a house where she stayed for a while. Serb soldiers then transferred her to Karaman’s house.⁹²¹ She spent several hours in this house before being taken for interrogation to the police station in Miljevina.⁹²² Afterwards, she was returned to Karaman’s house where she spent the rest of the day. In Karaman’s house , there were already seven other girls: D.B., FWS-87, FWS-75, A.S., A.B., JB and J.G.⁹²³ After spending that night at Karaman’s house, FWS-132 was taken back to her home.⁹²⁴ She stayed there until the beginning of September when she was taken out of the house by three soldiers and transferred back to Karaman’s house where she stayed until 21 March 1993.⁹²⁵ The witness said that DB, FWS-87, FWS-75, AS, AB, J.G. and JB were still there.⁹²⁶
FWS-132 was continuously raped while she lived at Karaman’s house.⁹²⁷
FWS-132 recalled seeing “Zaga” come to the house on a number of occasions, amongst other soldiers.⁹²⁸ FWS-132 described “Zaga” as “tall, well-built. He had a bony face, with high cheekbones , prominent cheekbones. The colour of his hair and eyes, I just cannot remember ”,⁹²⁹ and she said that she had heard about the nickname from the other girls.⁹³⁰ She saw him at Karaman’s house a few times.⁹³¹ Once he came to take cattle away from a nearby place.⁹³²
FWS-132 stated that at some stage during her own stay at Karaman’s house, although not being able to recall the exact time, she saw FWS-75, FWS-87, A.B. and A.S. being taken away. She thought that when that happened, DP 3, a man referred to as Kovac , “Zaga”, DP 1 and a man named Janko Jankovic were present, although she admitted in cross-examination by the Defence that she was not altogether certain about “Zaga’s ” presence.⁹³³
The witness recalled hearing about a person named Kovac as a man of authority or high rank⁹³⁴ but never met that person herself. She was thus not asked to identify the accused Radomir Kovac in court.

(ii) Supporting evidence
The evidence given by witness A.S. supports the testimony of FWS-132 since the descriptions of the general living conditions of the girls correspond. Like FWS-132, A.S. recalled that the women were continuously raped and that they had to perform household duties while they were staying at Karaman’s house.⁹³⁵ A.S. further testified that the girls were not free to go where they wanted while they were kept in the house.⁹³⁶
(m) FWS-183

(i) Testimony of FWS-183
FWS-183 was born in 1954 and was the neighbour of witness FWS-61. She testified that around 15 July 1992, when she was in her neighbour’s apartment, three Serb soldiers came knocking on her door and that of FWS-61. When FWS-61 opened the door , one of them asked who was the wife of a certain man and FWS-183 replied that it was her. She was then accused of transmitting radio messages and that because of her activities men had been killed. One of the soldiers grabbed her and took her downstairs. She later realised that this soldier was “Zaga”, as she was told the name by FWS-61, who in turn had heard it from a Serb friend. FWS-183 tried to flee to the police station but was hit by a policeman or soldier there with a rifle butt . “Zaga” then put her in a red Lada, where both of them waited for the other two soldiers to return to the car. These two soldiers had been looting her apartment in the meantime. When they returned to the car, all four of them set off in the direction of Velecevo and finally stopped at the Cehotina river, near a small forest .⁹³⁷
There the soldier who had put her in the car, who introduced himself as the son of Lekso Kunarac, threatened her and said that he knew her very well. He took 100.000 Dinars from her and asked her how many Deutschmarks she had; he also told her that if she had lied, he would have cut her head off and killed her son.⁹³⁸
He then told her to undress and forced her to touch his penis with her hand , telling her she should enjoy being “fucked by a Serb”. She complied and he raped her vaginally. She put her hands across her eyes out of shame and fear, but he told her to look at him. She was very afraid for her son. While she was being raped, the other two soldiers watched from the car, laughing. Dragoljub Kunarac told them to wait for their turn. When he had finished, the next soldier raped her orally and vaginally. After he had had his way with the witness, Kunarac told her that she would carry a Serb baby, but never know who the father was. The third soldier then raped her as well.⁹³⁹
FWS-183 did not offer resistance because she was afraid, especially for the well being of her son. “Zaga” had told her that if she did not tell the truth, she would have to drink the blood of her son.⁹⁴⁰
She was then brought back to the apartment and required to give all her valuables to them. She had hidden 800 Deutschmarks and about $200-300 in her son’s trousers , which she told Dragoljub Kunarac, who proceeded to rip the trousers open. He also took her jewellery, camera, fur coat, leather jacket, and the jewellery of FWS-61 and another refugee. He told her to make some coffee and finally left between 2 am and 3 am.⁹⁴¹. She was left with nothing but roughly 200 Deutschmarks.
She left Foca on 13 August 1992 with a permit from the local police station out of fear for her life; she was forced to work as a waitress in Montenegro to earn some money in order to go to another area.⁹⁴²
In addition to the soldier identifying himself as the son of Lekso Kunarac, witness FWS-183 said that she knew Dragoljub Kunarac’s father who had done some woodwork in her cottage. The witness stated that Dragoljub Kunarac’s father lived in Cohodor Mahala, and that she had at once gone to his house.⁹⁴³ The witness was not sure she would recognise the man who raped her as she only saw him once.⁹⁴⁴ She identified the accused Dragoljub Kunarac in the courtroom saying that she thought he was “Zaga”, firmly pointing at the accused.⁹⁴⁵
The accused Dragoljub Kunarac was found not guilty of plunder under Count 13 by the Trial Chamber’s Decision on Motion for Acquittal of 3 July 2000.⁹⁴⁶ The acquittal was based on legal issues relating to the definition of plunder, not on the evaluation of the facts.

(ii) Supporting evidence
The evidence given by FWS-183 is supported by FWS-61’s testimony. FWS-61 testified that a soldier told her that the man who had taken FWS-183 away was called “Zaga ”.⁹⁴⁷ She testified that FWS-183 looked confused and as if she had been crying when she was returned. FWS-61 further recalled that FWS-183 told her that she had been threatened by the soldiers with a knife, that she had to touch them sexually and that she had to do “impossible things”.⁹⁴⁸

(iii) Defence evidence
The Defence for the accused Dragoljub Kunarac claimed that Dragoljub Kunarac did not see FWS-183 during the period from 7 July to 21 July 1992. As outlined above under the testimony of FWS-87, the Defence claimed that Dragoljub Kunarac had an alibi during the period when the acts were alleged to have taken place. Dragoljub Kunarac pointed out during his testimony that FWS-183 said that she only knew his family, not him personally. In addition, Dragoljub Kunarac suggested that FWS-183 chose to mention the individual named Tadic as a witness to these alleged events because she knew that he had been killed on 8 August and was therefore unable to contradict her statements.⁹⁴⁹
(n) FWS-61

(i) Testimony of witness FWS-61
FWS-61, who was born in 1957, testified that when the three soldiers came to her apartment, which she thought might have been towards the end of July, they asked for the name of FWS-183’s husband. They then went together into the apartment of FWS-183, where two other women and children were already present. One soldier took FWS-183 to a room, while the second stayed with the three women and the third with the two children. They stayed for about 30 to 40 minutes, during which time they searched her handbag under the pretence of looking for a radio transmitter. The soldiers then began to take jewellery, household appliances (stereo and radio) and money from her apartment and that of FWS-183. FWS-183 was then taken from the apartment at around 1 am.⁹⁵⁰
FWS-61 went back to the apartment and was told by a Serb soldier named Tadic that the man who had taken FWS-183 off was called “Zaga”. She thought that this soldier had actually warned them before that “Zaga” might come to their place.⁹⁵¹
Between 2 am and 2.30 am, FWS-183 was returned to the apartment by the same three soldiers, who stayed for another 20 to 30 minutes. FWS-183 looked confused and as if she had been crying. FWS-183 told FWS-61 that she had had to give all her valuables to them. Later she told FWS-61 that they had held a knife to her throat and asked where her money was. She also told her that she had to touch them at their “shameful places” and that she had to do “impossible things, things that are difficult to do”.⁹⁵²
Judging by the way that they behaved towards him, FWS-61 had the impression that one of the soldiers was superior to the others. He was the man whom the Serb soldier named Tadic identified as “Zaga”.⁹⁵³
FWS-61 also left Foca on 13 August 1992, having obtained an exit permit and been asked to leave. She had some jewellery and about 200 Deutschmarks left. While still in Foca, her house was burnt down.⁹⁵⁴
As was mentioned above, FWS-61 had been told by the Serb soldier Tadic that the man who took FWS-183 away was “Zaga”.⁹⁵⁵ She had never heard of “Zaga” before. She described him as “very tall”.⁹⁵⁶ The witness did not know of anyone called Dragoljub Kunarac from before the war.⁹⁵⁷ She had been shown a photo spread (black and white photographs) in 1998 ⁹⁵⁸ and recalled that she pointed at one of the photos.⁹⁵⁹

(ii) Supporting evidence
The testimonies of FWS-61 and FWS-183 support each other in all substantial aspects.⁹⁶⁰
(o) FWS-192

(i) Testimony of FWS-192
FWS-192, who was about 37 years old at the time the events occurred and who is the mother of FWS-191,⁹⁶¹ confirmed that on 2 August 1992 a soldier came to Kalinovik School and took away her daughter . She learnt from one of the guards that this man was called “Zaga”, whose real name the guard did not know, and that he was a member of the “White Eagles” (Beli Orlovi) from Foca.⁹⁶² The witness saw “Zaga” twice over the next week, first when he came to Kalinovik school with DP 6 and some other soldiers, and the second time with “Gaga”.⁹⁶³ On that occasion she asked “Zaga” where her daughter was, and he replied that she was at his place and that he would not bring her back.⁹⁶⁴ On one occasion - the witness did not remember whether it was one of the two just mentioned - she was called to another room, where “Zaga” and DP 6 showed her a letter from her daughter. She wrote that she was fine and that FWS-192 should send her some clothes through the two men, which FWS-192 did, along with some money.⁹⁶⁵ She was also present when DP 6 admitted to FWS-185, the mother of FWS-186, that her daughter was with him and that she should give him clothes for her daughter.⁹⁶⁶ “Zaga” also gave her a telephone number at some stage, which appeared to be that of his family’s house in Tivat, Montenegro.⁹⁶⁷
FWS-192 did not meet her daughter again until 2 August 1994, when she appeared to be still in detention. They were not reunited until after the Dayton Agreement had been signed.⁹⁶⁸
The witness saw “Zaga” on TV when he was brought to The Hague and recognised him, remembering his face and eyes.⁹⁶⁹

(ii) Supporting Evidence
FWS-191 testified that FWS-192 was amongst the civilians who were brought to Kalinovik School. FWS-191 further confirmed that Dragoljub Kunarac and “Gaga” took her away from the school and from FWS-192 on 2 August 1992.⁹⁷⁰ FWS-191 recalled that she once was allowed to write a letter to her mother while she was kept in the house.⁹⁷¹
(p) FWS-205

(i) Testimony of FWS-205
FWS-205, who was about 22 years old when the war started in 1992,⁹⁷² lived in the village of Jelasca in the municipality of Kalinovik before the war.⁹⁷³ On 25 June 1992, her father and about 70 other Muslim men were detained in the Kalinovik High School.⁹⁷⁴ They were subsequently moved to other places. On 1 August 1992, FWS-205 and the women from the Kalinovik area were taken and detained in the Kalinovik High School.⁹⁷⁵ Women and girls from Gacko were already in the school.⁹⁷⁶ FWS-205 stayed there until 2 August.
FWS-205 was one of three women from Kalinovik, together with FWS-101 and JB , and four women from Gacko who were taken out from Kalinovik School. On 2 August 1992, all seven of them were taken out by three armed men with Montenegrin accents ; one of the men was addressed by the name “Zaga”.⁹⁷⁷
From Kalinovik school they were taken to a gas station in Kalinovik, where they were transferred to a refrigerator truck. They then stopped again in Miljevina , where JB was taken away. She recalled only “Zaga” from that time. They finally stopped at a house in Foca, next to a mosque, where they got out of the truck, lined up and were taken into the house. “Zaga” was there when they arrived. She was taken into a kitchen by “Zaga” and some soldiers when she heard a loud explosion ; some of the soldiers said that the last mosque in Foca had been blown up.⁹⁷⁸
FWS-205 was not quite certain what happened to the four girls from Gacko, who had been brought there together with her, but she recalled that they were taken away, and referring to a previous statement she had given to the Prosecution and the fact that she thought her memory had been fresher then, she testified that it was actually “Zaga” who took them away.⁹⁷⁹
FWS-205 recalled that “Zaga” was present at the house, although not necessarily continuously, until the day after her third night at the house, when she was taken away by a man called “Gica” to an apartment in Brod, with the consent of “Zaga”. Before that, she had been raped several times, although never personally by “Zaga ”. On the first and third night, girls from Partizan had been brought to the house .⁹⁸⁰ FWS-205 was convinced that “Zaga” knew about the rapes.⁹⁸¹
Apart from the witness learning “Zaga’s” name, which is described above, she testified that she saw him on TV when he was brought to The Hague and immediately recognised him.⁹⁸²

(ii) Supporting evidence
There is no supporting evidence specifically referring to FWS-205.
(q) FWS-175

(i) Testimony of FWS-175
FWS-175 was aged about 16 years old when the events occurred.⁹⁸³ Before the war, FWS-175 lived in Miljevina.⁹⁸⁴ The witness recalled DP 3 and a man named Orlovic who was the chief of police of Miljevina coming to pick her up at her house in Miljevina. FWS-175’s mother had asked DP 3 to protect her daughter. They brought her to another house in Miljevina about 10 meters away from Karaman’s house.⁹⁸⁵ When she arrived, another girl, RK, her aunt and uncle, two children and the old grandmother were already there.⁹⁸⁶ FWS-175 stayed in the house until the beginning of August when the cellar of the house was broken into.⁹⁸⁷
As a result of this, they were brought to Karaman’s house.⁹⁸⁸ When she arrived at Karaman’s house, FWS-175 saw several men including the accused Dragoljub Kunarac and several girls and women: FWS-87, D.B., FWS-190 and a fourth one she did not know.⁹⁸⁹
FWS-175 testified that she was taken to the house in Trnovace by “Zaga” right away, at the beginning of August, together with RK (MK), in an old Lada car. She identified the house from a Prosecution photograph.⁹⁹⁰ She did not know “Zaga” from before the war, but learned his nickname later, and his full name after the war, when her uncle’s wife told her.⁹⁹¹
When they arrived, FWS-186, FWS-191 and J.G. were already there, together with DP 6. The latter was referred to as “major” and she had the impression that he and “Zaga” were of the same rank and would “agree on everything”.⁹⁹² FWS-175 and RK only stayed in the house for a short while and were then taken to a house in Brod by a certain “Puso”, where he raped RK,⁹⁹³ and from there she was transferred to the apartment of a certain “Gica”, where she stayed for about two or three days; she was raped there, too.⁹⁹⁴
FWS-175 and RK were then taken to a cottage by two men nicknamed “Veso” and “Aco”, but as there was no warm water or electricity, DP 6, who had come there in the meantime, told them that they could have a bath at his place and thus both women were returned to the house in Trnovace about three days after they had first been there.⁹⁹⁵
When they arrived, FWS-186, FWS-191 and J.G. were still there, as were DP 6 , “Zaga”, “Gaga”, “Aco” and “Veso”.⁹⁹⁶ FWS-175 noticed that FWS-186 was with DP 6, FWS-191 with “Zaga” and J.G. with “Gaga ”, although she was not quite sure about that anymore. FWS-175 and RK (MK) were also women for “Gaga”.⁹⁹⁷ She stayed there for about five or six days.⁹⁹⁸ On the evening of her arrival and for at least the evenings of the entire following week, “Zaga”, “Gaga” and DP were at the house.⁹⁹⁹
During the first night, FWS-175 and RK were not molested. However, on the second evening, “Gaga” told FWS-175 that he had been with J.G. the previous night , and that he would now be with her. She was raped orally and vaginally, at times in the presence of RK (MK), and had to spend the night in the same room as “Gaga ”, who raped her again in the morning.¹⁰⁰⁰ She testified that FWS-191 and FWS-186 were also raped during her time at the house , although she never saw anything but the expression of those girls, from which she deduced what had happened.¹⁰⁰¹ FWS-175, after being asked specifically by the Prosecution, confirmed that “Zaga ” was aware of what was happening at the house.¹⁰⁰²
Sometime around the middle to the end of August 1992, she was taken to another house, the Hrbinic house, and from there to Titovo Usice in Serbia, where she had to work in cafés, until she returned to Bosnia on 9 April 1997.¹⁰⁰³
FWS-175 did not know “Zaga” from before the war but learnt his nickname later , and after the war she was told his full name by her uncle’s wife,¹⁰⁰⁴ because the latter knew him from a time when “Zaga’s” father had worked as a builder in her house.¹⁰⁰⁵ She saw him on TV when he surrendered and recognised him, underlining his eyes when asked by the Prosecutor if there was anything outstanding in his appearance.¹⁰⁰⁶ She described him as “tall, thin, with brown curly hair. He then had longish hair . He had a deep voice and big eyes”.¹⁰⁰⁷

(ii) Supporting evidence
FWS-186 recalled that FWS-175 together with RK (MK) was brought to the house in Trnovace while she, FWS-186, was staying in this house.¹⁰⁰⁸
(r) FWS-51

(i) Testimony of FWS-51
FWS-51, the mother of FWS-50 and daughter of FWS-62, who was 35 years old in 1992,¹⁰⁰⁹ stated that her daughter was taken out from Foca High School on several occasions and was once beaten up.¹⁰¹⁰
When asked whether anyone in the courtroom seemed familiar to her, witness FWS-51 pointed at the accused Zoran Vukovic,¹⁰¹¹ saying she thought she had seen him somewhere before. However, she did not identify him as a perpetrator of any crime that she would have witnessed. The witness said that she probably recalled him from Foca High School:¹⁰¹² “I know his face. I know that I saw him, but I only could have seen him in Foca while we were detained, this Zoran Vukovic”, but maintained that she was not 100 per cent sure that the Zoran Vukovic present in court was the Zoran Vukovic referred to in her previous statement to the Prosecution.¹⁰¹³

(ii) Supporting evidence
In contrast to FWS-51’s testimony, FWS-50 recalled that she was taken out only once while being at Foca High School, namely, on her second day at the High School when soldiers came in and took out several women, including D.B., FWS-87, FWS-75 , FWS-95, FWS-88 and another woman.¹⁰¹⁴
(s) FWS-96

(i) Testimony of FWS-96
FWS-96, who was born in 1948, testified that she was taken to Buk Bijela and from there, via a stop at Partizan, to Foca High School in the afternoon of 3 July 1992.¹⁰¹⁵ On that night, soldiers entered the school, among them DP 1, Slavo Ivanovic and DP 6, and took some women out to another room. She recalled that FWS-88 was taken away by DP 1; FWS-88 did not return all night. The other women were FWS-75, FWS-87, FWS-74 and FWS-95. When they returned from the adjacent room they were in a horrible state.¹⁰¹⁶ The witness did not mention the accused Zoran Vukovic.
FWS-96 further testified that FWS-87 would be taken out almost every day or every other day, generally by DP 1.¹⁰¹⁷

(ii) Supporting evidence
The incident in Foca High School mentioned above, when soldiers called women out of the main classroom, took them to another classroom and raped them there, was also referred to by FWS-87, FWS-75 and FWS-50 in their testimonies.¹⁰¹⁸ FWS-87 testified that among the women who were called out and raped were herself , FWS-75, FWS-88, D.B. and also FWS-50.¹⁰¹⁹ FWS-50 recalled the incident to have taken place on her second day at Foca High School, she further explicitly mentioned FWS-87 as one of the women who were called out and raped.¹⁰²⁰ FWS-75 was not sure whether it happened on the first or a later night at Foca High School but clearly recalled that FWS-87 was amongst the raped women that night.¹⁰²¹ Like FWS-96, FWS-75 did not mention the accused Zoran Vukovic in this context but testified that FWS-87 was raped by a man unknown to FWS-75.¹⁰²² As was also mentioned above, FWS-75 had seen Zoran Vukovic at Buk Bijela.¹⁰²³ FWS-87 herself testified that she was taken out of Foca High School several times .¹⁰²⁴
(t) FWS-62

(i) Testimony of FWS-62
When the war broke out, FWS-62 was living in Mjesaja.¹⁰²⁵ On 3 July 1992, following the attack on her village, villagers were rounded up and brought to Buk Bijela. The witness testified that in Buk Bijela she saw Zoran Vukovic taking her husband away.¹⁰²⁶ The witness knew Zoran Vukovic from sight from before the war.¹⁰²⁷ However, when asked to say if she recognised him in the courtroom, she was not able to do so.¹⁰²⁸
(u) Osman Subasic

(i) Testimony of Osman Subasic
Witness Osman Subasic stated that there were three main roads leading up to Cerova Ravan and that, depending which road is used, it takes from an hour and a half to two hours to go from Cerova Ravan to Foca.¹⁰²⁹
Witness Osman Subasic testified that Zoran Vukovic was a member of DP 2’s Unit , and that he knew Zoran Vukovic from before the war as a friend; he said he was a “nice person”.¹⁰³⁰ The witness , however, never saw him in the unit but the information he received from refugees from Foca indicated that he was there. Numerous refugees knew Zoran Vukovic personally , were aware of his professional background as a waiter and then as a driver, and mentioned one of his nicknames, “Mikser”.¹⁰³¹ He knew that there were 10 to 11 other men named Zoran Vukovic in Foca at the time , but he confirmed that it was the accused Zoran Vukovic who was in DP 2’s unit.¹⁰³²