834. The Trial Chamber will proceed to sentence each of the accused pursuant to the findings of guilt pronounced.
835. The Prosecutor made submissions regarding sentence in her Closing Brief, filed on 5 November 1999, as well as oral submissions in the hearing of 9 November 1999 . Written submissions on sentencing were made on behalf of the following accused : Zoran Kupreskic,982 Dragan Papic,983 Mirjan Kupreskic,984 Vladimir Santic985 and Drago Josipovic.986 No express written submissions on sentencing were made on behalf of Vlatko Kupreskic.987 No oral submissions were made on behalf of any of the accused.988
B. Sentencing Provisions
836. The Statute and the Rules contain certain provisions relating to sentencing that are to be considered by the Trial Chamber.
837. Article 23 (“Judgement”) of the Statute provides that “[t]he Trial Chambers shall pronounce judgements and impose sentences and penalties on persons convicted of serious violations of international humanitarian law”. Article 24 of the Statute and Rule 101 of the Rules of Procedure and Evidence deal with the penalties a Trial Chamber may impose.
838. Read together, Article 24 and Rule 101, as supplemented by Rule 85(A)(vi), allow for factors other than those expressly mentioned to be considered when determining the proper sentences to be imposed.
C. Factors to be Considered in Sentencing
1. SFRY Criminal Code Provisions
839. Pursuant to Article 24(1) of the Statute, the Trial Chamber “shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia ” in determining the terms of imprisonment. Rule 101(B) also requires the Trial Chamber to “take into account” such general practice.
840. It is clear from these provisions - in particular the phrase “have recourse to” and “take into account” - that the Trial Chamber is not bound to follow the sentencing practice of the courts of the former Yugoslavia. Reference should be made to the said sentencing practice as an aid in determining the sentences to be imposed by the Trial Chamber.
841. In general terms, Article 41 (“General principles in determining punishment ”) of the Criminal Code of the Socialist Federal Republic of Yugoslavia (“SFRY Criminal Code”) sets out the various factors to be taken into account in determining sentence .989 This Article is essentially similar to the sentencing provisions of the Statute and the Rules of the International Tribunal.
842. Articles 38, 48 and 142 of the SFRY Criminal Code should also be considered . Article 38 (“Imprisonment”) of the SFRY Criminal Code reads in part:
(1) The punishment of imprisonment may not be shorter than 15 days nor longer than 15 years.
(2) The court may impose a punishment of imprisonment for a term of 20 years for criminal acts eligible for the death penalty.
(3) For premeditated criminal acts for which the punishment of fifteen years imprisonment may be imposed under statute, and which were perpetrated under particularly aggravating circumstances or caused especially grave consequences, a punishment of imprisonment for a term of 20 years may be imposed when so provided by statute.
[…]
(6) A convicted person who has served half of his term of imprisonment, and exceptionally a convicted person who has served a third of his term, may be excused from serving the rest of his term on the condition that he does not commit a new criminal act by the end of the period encompassed by his sentence.
Capital punishment was abolished by constitutional amendment in 1977 in some of the republics of the SFRY other than Bosnia and Herzegovina. Since then, the maximum sentence has been 20 years imprisonment.990 A 20 year prison sentence may only be imposed for the most serious types of criminal offences.991
843. Article 48 (“Combination of criminal acts”) of the SFRY Criminal Code deals with the question of punishment of offenders found guilty of several offences.992
844. Chapter Sixteen of the SFRY Criminal Code is entitled “Criminal Acts Against Humanity and International Law”. Article 142(1) (“War crimes against the civilian population”) of the SFRY Criminal Code falls within the said Chapter, and it provides the following:
Whosoever, in violation of rules of international law effective at the time of war , armed conflict or occupation, orders an attack on civilian populations, an inhabited area, individual civilian persons or persons hors de combat which results in death, serious injury or serious deterioration of health [… or], causing immense suffering or a violation of bodily integrity or health; displacement or resettlement [...]; forcible prostitution or rape; introduction of measures of intimidation and terror, [...], imposing collective punishment, [...]; confiscation of property, plunder of property belonging to the civilian population, unlawful and arbitrary destruction or large-scale appropriation of property not justified by military necessity, […] or whosoever commits any of the foregoing acts, shall be punished by imprisonment of not less than five years or by the death penalty.
845. As has been held in the Tadic Sentencing Judgement, this Article gives effect in the former Yugoslavia to the provisions of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and its Protocols , which is incorporated into the jurisdiction of the International Tribunal by Article 2 (“Grave breaches of the Geneva Conventions of 1949”) of the Statute.993 There appear to be no provisions of the SFRY Criminal Code which give specific effect to those crimes against humanity referred to in Article 5 (“Crimes against humanity”) of the Statute. However, genocide, itself a specific category of crime against humanity, is dealt with in Article 141 of the SFRY Criminal Code.994 Article 141 also prescribes imprisonment for not less than five years or the death penalty. Further, Article 154 of the SFRY Criminal Code deals with racial and other discrimination, which, in some respects, could be said to relate to the counts on persecution as a crime against humanity. Article 154(1) reads as follows:
Whoever on the basis of distinction of race, colour, nationality or ethnic background violates basic human rights and freedoms recognized by the international community , shall be punished by imprisonment for a term exceeding six months but not exceeding five years.
846. As has already been made clear, the provisions of the SFRY Criminal Code serve as a guide. In particular, the Trial Chamber is not bound to impose a maximum sentence of 20 years imprisonment only. According to Rule 101, the Trial Chamber may impose a sentence of life imprisonment.
847. Article 33 of the SFRY Criminal Code provides for three reasons for the imposition of sentences, namely,
(1) preventing the offender from committing criminal acts and his rehabilitation ;
(2) deterrent effect upon others not to commit criminal acts;
(3) [...] influence on the development of the citizens’ social responsibility and discipline.
2. General Sentencing Policy of the International Tribunal
848. The Trial Chamber is of the view that, in general, retribution and deterrence are the main purposes to be considered when imposing sentences in cases before the International Tribunal. As regards the former, despite the primitive ring that is sometimes associated with retribution,995 punishment for having violated international humanitarian law is, in light of the serious nature of the crimes committed, a relevant and important consideration. As to the latter, the purpose is to deter the specific accused as well as others , which means not only the citizens of Bosnia and Herzegovina but persons worldwide from committing crimes in similar circumstances against international humanitarian law.996 The Trial Chamber is further of the view that another relevant sentencing purpose is to show the people of not only the former Yugoslavia, but of the world in general, that there is no impunity for these types of crimes. This should be done in order to strengthen the resolve of all involved not to allow crimes against international humanitarian law to be committed as well as to create trust in and respect for the developing system of international criminal justice.
849. The Trial Chamber also supports the purpose of rehabilitation for persons convicted in the hope that in future, if faced with similar circumstances, they will uphold the rule of law.
3. Factors Relevant to Sentencing in Respect of Each Accused
850. The Trial Chamber will next consider the various factors which influence the determination of appropriate sentences for each accused convicted, in accordance with the provisions of Article 24 of the Statute and Rule 101 of the Rules of Procedure and Evidence.
(a) Zoran Kupreskic and Mirjan Kupreskic
851. Zoran Kupreskic and Mirjan Kupreskic have been found guilty on Count 1 (persecution as a crime against humanity under Article 5(h) of the Statute).
852. The sentences to be imposed must reflect the inherent gravity of the criminal conduct of the accused. The determination of the gravity of the crime requires a consideration of the particular circumstances of the case, as well as the form and degree of the participation of the accused in the crime. Zoran and Mirjan Kupre skic have been found guilty of persecution in the form of the expulsion of Muslim civilians, including women and children from Ahmici-Santici and its environs, the destruction of Bosnian Muslim homes and property and their active presence in the area whilst armed. In particular, they entered the house and expelled the family of Suhret Ahmic. This is in spite of the fact that even as late as March 1993 both attended Muslim holiday celebrations. Of the two accused, Zoran Kupreskic played a more leading role as the local commander.
853. The fact that Zoran Kupreskic and Mirjan Kupreskic voluntarily surrendered to the International Tribunal on 6 October 1997 is a factor in mitigation of their sentence.
854. Vlatko Kupreskic has been found guilty on Count 1 (persecution as a crime against humanity under Article 5(h) of the Statute).
855. Vlatko Kupreskic has been found guilty of persecution in the form of aiding and abetting, by helping in the preparation of the attack on Ahmici, such as unloading weapons in his store and allowing his house to be used in the attack. He was also present near the house of Suhret Ahmic, shortly after the attack on the latter’s house. Thus he was clearly supportive of the attack.
856. It is noted that prior to the conflict this accused was on good terms with Muslims and displayed no nationalist or ethnic prejudice.
857. Unlike the other accused, Vlatko Kupreskic did not surrender to the International Tribunal. He was arrested on 18 December 1997. During the arrest there was an exchange of fire with the arresting forces.
858. Drago Josipovic has been found guilty on Count 1 (persecution as a crime against humanity under Article 5(h) of the Statute); Count 16 (murder as a crime against humanity under Article 5(a) of the Statute); and Count 18 (other inhumane acts as a crime against humanity under Article 5(i) of the Statute).
859. As far as persecution is concerned, Drago Josipovic played an active role in the killing of Bosnian Muslim civilians in Ahmici, the destruction of Bosnian Muslim homes and property and the expulsion of Bosnian Muslims from the Ahmici-Santici region. In particular, Drago Josipovic participated in the attack on the Pušcul house, during which the house was burnt down and Musafer Pušcul was killed and the family was expelled from their home after having been forced to witness the murder of Musafer Pušcul. He also participated in the attack on the house of Nazif Ahmic in which Nazif and his 14-year old son were killed and he was actively involved in the burning of private property. The attack was launched in the early hours of the morning, allowing the victims no opportunity whatsoever to escape.
860. In mitigation, the evidence shows that Drago Josipovic lent an HVO army vest to Mr. Osmanovic, a Muslim, to assist him to escape. During the attack on 16 April he stopped other soldiers from killing Witness DD. Another factor in mitigation is that he voluntarily surrendered to the International Tribunal on 6 October 1997 .
861. Vladimir Santic has been found guilty on Count 1 (persecution as a crime against humanity under Article 5(h) of the Statute); Count 16 (murder as a crime against humanity under Article 5(a) of the Statute); and Count 18 (other inhumane acts as a crime against humanity under Article 5(i) of the Statute).
862. Concerning the conviction on the persecution count, Vladimir Santic’s role was most serious, since he was a commander, who assisted in the strategic planning of the whole attack. He also passed on orders from his superiors to his subordinates , which amounted to the reissuing of the orders that were illegal in the circumstances . This role renders particularly grave his participation in the offences committed . Furthermore, he played an active role in the killing of Bosnian Muslim civilians in Ahmici, the destruction of Bosnian Muslim homes and property and the expulsion of Bosnian Muslims from the Ahmici-Santici region. In particular, Vladimir Santic participated in the attack on the Puscul house, during which the house was burnt down, Musafer Puscul was killed and the family was expelled from their home after having been forced to witness the murder of Musafer Puscul. The attack was launched in the early hours of the morning, allowing the victims no opportunity whatsoever to escape.
863. Vladimir Santic voluntarily surrendered to the International Tribunal on 6 October 1997 which is treated by the Trial Chamber as a mitigating circumstance.
D. The Sentence to be Imposed for a Multiple Conviction
864. Drago Josipovic and Vladimir Santic have been convicted on more than one count .
865. The Trial Chamber has dealt with the problems relating to multiple convictions above. Here it will suffice to say the following: Article 48 of the SFRY Criminal Code, on the one hand, provides for the imposition of a single or composite sentence where an accused has been convicted for more than one criminal act based on the commission of one deed or several deeds. It also provides that a court shall first assess the sentence for each of the criminal acts before determining the composite sentence.
866. Where an accused has been convicted on more than one count based on the commission of one or several deeds, the practice of the International Tribunal, on the other hand, has been to impose sentences on each count to be served concurrently.997
867. In practice, there is no real difference in effect between the imposition of concurrent sentences for multiple sentences and one composite sentence for multiple offences. In the unlikely event of there being uncertainty about the length of the concurrent or consecutive sentences to be served, the State of imprisonment could approach the International Tribunal for clarification. Similarly, if a convicted person is eligible for pardon or commutation of sentences according to the law of the State of imprisonment, the State must inform the President of the Tribunal, who will determine whether pardon or commutation is appropriate. Further, in the event of a succesful appeal on any count, there would be no problems with the sentences .
868. The Trial Chamber will thus follow the sentencing practice of the International Tribunal.
FOR THE FOREGOING REASONS, having considered all of the evidence and the arguments of the parties, the Statute and the Rules, the Trial Chamber finds, and imposes sentence, as follows.
1. Dragan Papic
With respect to the accused, Dragan Papic:
Count 1: NOT GUILTY of a Crime against Humanity (persecution).
2. Zoran Kupreskic
With respect to the accused, Zoran Kupreskic:
Count 1: GUILTY of a Crime against Humanity (persecution).
For persecution as a Crime against Humanity, the Trial Chamber sentences Zoran Kupre skic to 10 years’ imprisonment.
Count 2: NOT GUILTY of a Crime against Humanity (murder).
Count 3: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 4: NOT GUILTY of a Crime against Humanity (murder).
Count 5: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 6: NOT GUILTY of a Crime against Humanity (murder).
Count 7: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 8: NOT GUILTY of a Crime against Humanity (murder).
Count 9: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 10: NOT GUILTY of a Crime against Humanity (other inhumane acts).
Count 11: NOT GUILTY of a Violation of the Laws or Customs of War (cruel treatment ).
3. Mirjan Kupreskic
With respect to the accused, Mirjan Kupreskic:
Count 1: GUILTY of a Crime against Humanity (persecution).
For persecution as a Crime against Humanity, the Trial Chamber sentences Mirjan Kupreskic to 8 years’ imprisonment.
Count 2: NOT GUILTY of a Crime against Humanity (murder).
Count 3: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 4: NOT GUILTY of a Crime against Humanity (murder).
Count 5: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 6: NOT GUILTY of a Crime against Humanity (murder).
Count 7: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 8: NOT GUILTY of a Crime against Humanity (murder).
Count 9: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 10: NOT GUILTY of a Crime against Humanity (other inhumane acts).
Count 11: NOT GUILTY of a Violation of the Laws or Customs of War (cruel treatment ).
4. Vlatko Kupreskic
With respect to the accused, Vlatko Kupreskic:
Count 1: GUILTY of a Crime against Humanity (persecution).
For persecution as a Crime against Humanity, the Trial Chamber sentences Vlatko Kupreskic to 6 years’ imprisonment.
Count 12: NOT GUILTY of a Crime against Humanity (murder).
Count 13: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 14: NOT GUILTY of a Crime against Humanity (other inhumane acts).
Count 15: NOT GUILTY of a Violation of the Laws or Customs of War (cruel treatment ).
5. Drago Josipovic
With respect to the accused, Drago Josipovic:
Count 1: GUILTY of a Crime against Humanity (persecution).
For persecution as a Crime against Humanity, the Trial Chamber sentences Drago Josipovic to 10 years’ imprisonment.
Count 16: GUILTY of a Crime against Humanity (murder).
For murder as a Crime against Humanity, the Trial Chamber sentences Drago Josipovic to 15 years’ imprisonment.
Count 17: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 18: GUILTY of a Crime against Humanity (other inhumane acts).
For inhumane acts as a Crime against Humanity, the Trial Chamber sentences Drago Josipovic to 10 years’ imprisonment.
Count 19: NOT GUILTY of a Violation of the Laws or Customs of War (cruel treatment ).
6. Vladimir Santic
With respect to the accused, Vladimir Santic:
Count 1: GUILTY of a Crime against Humanity (persecution).
For persecution as a Crime against Humanity, the Trial Chamber sentences Vladimir Santic to 25 years’ imprisonment.
Count 16: GUILTY of a Crime against Humanity (murder).
For murder as a Crime against Humanity, the Trial Chamber sentences Vladimir Santic to 15 years’ imprisonment.
Count 17: NOT GUILTY of a Violation of the Laws or Customs of War (murder).
Count 18: GUILTY of a Crime against Humanity (other inhumane acts).
For inhumane acts as a Crime against Humanity, the Trial Chamber sentences Vladimir Santic to 10 years’ imprisonment.
Count 19: NOT GUILTY of a Violation of the Laws or Customs of War (cruel treatment ).
B. Concurrence of Sentences
The sentences of Drago Josipovic and Vladimir Santic are to be served concurrently , inter se.
C. Credit for Time Served
Pursuant to Rule 101(D) of the Rules, a convicted person is entitled to credit for the period, if any, during which the convicted person was detained in custody pending surrender to the Tribunal or pending trial or appeal.
1. Zoran Kupreskic
Zoran Kupreskic surrendered to the International Tribunal on 6 October 1997. Accordingly , 27 months and 8 days shall be deducted from the sentence imposed on Zoran Kupre skic, together with such additional time as he may serve pending the determination of any final appeal. In accordance with Rule 102 of the Rules, Zoran Kupreskic’s sentence, subject to the above mentioned deduction, shall begin to run from today .
2. Mirjan Kupreskic
Mirjan Kupreskic surrendered to the International Tribunal on 6 October 1997. Accordingly , 27 months and 8 days shall be deducted from the sentence imposed on Mirjan Kupre skic, together with such additional time as he may serve pending the determination of any final appeal. In accordance with Rule 102 of the Rules, Mirjan Kupreskic ’s sentence, subject to the above mentioned deduction, shall begin to run from today .
3. Vlatko Kupreskic
Vlatko Kupreskic was arrested on 18 December 1997. Accordingly, 24 months and 28 days shall be deducted from the sentence imposed on Vlatko Kupreskic, together with such additional time as he may serve pending the determination of any final appeal. In accordance with Rule 102 of the Rules, Vlatko Kupreskic’s sentence, subject to the above mentioned deduction, shall begin to run from today.
4. Drago Josipovic
Drago Josipovic surrendered to the International Tribunal on 6 October 1997. Accordingly , 27 months and 8 days shall be deducted from the sentence imposed on Drago Josipovic, together with such additional time as he may serve pending the determination of any final appeal. In accordance with Rule 102 of the Rules, Drago Josipovic’s sentence, subject to the above-mentioned deduction, shall begin to run from today .
5. Vladimir Santic
Vladimir Santic surrendered to the International Tribunal on 6 October 1997. Accordingly , 27 months and 8 days shall be deducted from the sentence imposed on Vladimir S antic, together with such additional time as he may serve pending the determination of any final appeal. In accordance with Rule 102 of the Rules, Vladimir Santic’s sentence, subject to the above-mentioned deduction, shall begin to run from today .
D. Enforcement of Sentences
Pursuant to Article 27 of the Statute and Rule 103, Zoran Kupreskic, Mirjan Kupre skic, Vlatko Kupreskic, Drago Josipovic and Vladimir Santic will serve their sentences in a State or States designated by the President of the International Tribunal.
The transfer of Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic, Drago Josipovic and Vladimir Santic shall be effected as soon as possible after the time-limit for appeal has elapsed. In the event that notice of appeal is given, the transfer of the accused Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic, Drago Josipovic and Vladimir Santic, if compelled by the outcome of such an appeal, shall be effected as soon as possible after the determination of the final appeal by the Appeals Chamber . Until such time as their transfer is effected, Zoran Kupreskic, Mirjan Kupres kic, Vlatko Kupreskic, Drago Josipovic and Vladimir Santic shall remain in the custody of the International Tribunal, in accordance with Rule 102.
E. Immediate Release of Dragan Papic
Pursuant to Rule 99(A), the Trial Chambers orders the immediate release of Dragan Papic from the United Nations Detention Unit. This order is without prejudice to any such further order as may be made by the Trial Chamber pursuant to Rule 99(B ).
Done in English and French, the English text being authoritative.
_______________________________
Antonio Cassese
Presiding
___________________________
Richard May
_______________________________
Florence Ndepele Mwachande Mumba
Dated this fourteenth day of January 2000,
At The Hague,
The Netherlands.
(Seal of the Tribunal)
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
IN THE TRIAL CHAMBER
Before:
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Mumba
Registrar:
Mrs. de Sampayo Garrido-Nijgh
Date Filed: 09 February 1998
THE PROSECUTOR
v.
ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
DRAGAN PAPIC
VLADIMIR SANTIC also known as “VLADO”
AMENDED INDICTMENT
The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the Tribunal, charges :
ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC, DRAGO JOSIPOVIC, DRAGAN PAPI C and VLADIMIR SANTIC
with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as set forth below:
Background
1. On 03 March 1992, Bosnia and Herzegovina declared its independence; it was recognised as an independent state by the European Council on 06 April 1992.
2. From at least 03 July 1992, the Croatian Community of Herzeg-Bosna (“HZ-HB”) considered itself an independent political entity inside Bosnia and Herzegovina.
3. From at least October 1992 until at least the end of May 1993, the HZ-HB armed forces, known as the Croatian Defence Council (“HVO”), were engaged in an armed conflict with the armed forces of the government of Bosnia and Herzegovina.
4. From the outset of hostilities in January 1993, the HVO systematically attacked villages chiefly inhabited by Bosnian Muslims in the Lašva River Valley Region in Central Bosnia and Herzegovina. These attacks resulted in the death and wounding of numerous civilians.
5. The persecution of Bosnian Muslim civilians escalated in frequency throughout the early part of 1993, culminating in simultaneous attacks throughout the Lašva River Valley Region on 16 April 1993.
6. On 16 April 1993, at approximately 0530 hrs., HVO forces attacked the town of Vitez and the nearby villages of Donja Ve~eriska, Sivrino Selo, Santici, Ahmici, Nadioci, Stara Bila, Ga~ice, Pirici and Preo~ica. All the villages are within a ten kilometre radius from the village of Ahmici.
7. During the attacks, groups of HVO soldiers went from house-to-house killing and wounding Bosnian Muslim civilians and burning houses, barns and livestock. The offensive, which lasted several days, was a highly co-ordinated military operation involving hundreds of HVO troops.
8. When the HVO forces attacked the villages and towns in the Lašva River Valley on 16 April 1993, the village of Ahmici experienced significant killing and destruction . Located approximately five kilometres east of Vitez, Ahmici had a pre-attack population of approximately 466 inhabitants, with approximately 356 Bosnian Muslims and 87 Bosnian Croats. After the attack, there were no Bosnian Muslims left living in Ahmici.
9. ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC, DRAGO JOSIPOVIC, DRAGAN PAPIC and VLADIMIR SANTIC helped prepare the April attack on the Ahmici-Santici civilians by: participating in military training and arming themselves; evacuating Bosnian Croat civilians the night before the attack; organising HVO soldiers, weapons and ammunition in and around the village of Ahmici-Santici; preparing their homes and the homes of their relatives as staging areas and firing locations for the attack ; and, by concealing from the other residents that the attack was imminent.
10. The HVO attack on Ahmici-Santici targeted houses, stables, sheds and livestock owned by Bosnian Muslim civilians. The HVO first shelled Ahmici-Santici from a distance, then groups of soldiers went from house-to-house attacking civilians and their properties using flammable tracer rounds and explosives. The HVO soldiers deliberately and systematically fired upon Bosnian Muslim civilians. The HVO soldiers also set fire to virtually every Bosnian Muslim-owned house in Ahmici-Santici.
Approximately 103 Bosnian Muslim civilians were killed in and around Ahmici-Santici. Of the 103 persons killed, approximately 33 were women and children. The HVO soldiers destroyed approximately 176 Bosnian Muslim houses in Ahmici-Santici, along with two mosques.
The Accused
12. ZORAN KUPRESKIC, son of Anto and brother of Mirjan, was born on 23 September 1958 in the village of Pirici. He was a HVO soldier in the Ahmici area. Before the war, he operated a business in Ahmici with his cousin, VLATKO KUPRESKIC.
13. MIRJAN KUPRESKIC, son of Anto and brother of Zoran, was born on 21 October 1963 in the town of Vitez. He was a HVO soldier in the Ahmici area, together with his brother, ZORAN KUPRESKIC, and cousin, VLATKO KUPRESKIC.
14. VLATKO KUPRESKIC, son of Franjo, was born on 01 January 1958 in the village of Pirici. Before the war, he lived and worked in Ahmici where he operated a business with his cousin, ZORAN KUPRESKIC. He was a HVO soldier in the Ahmici area, together with his cousins, MIRJAN KUPRESKIC and ZORAN KUPRESKIC.
15. DRAGO JOSIPOVIC, son of Niko, was born on 14 February 1955 in Santici. Before the war, he was a chemical worker by profession. He was a HVO soldier in Santic i.
16. DRAGAN PAPIC was born in the village of Santici on 15 July 1967. He lived in Ahmici, Vitez and was a HVO soldier.
VLADIMIR SANTIC, also known as “VLADO”, was born on 01 April 1958 in Donja Ve~eriska . Before the war he lived in Vitez and was a policeman by profession. He was a HVO soldier in Vitez.
General Allegations
18. At all times relevant to this indictment, the accused were required to abide by the laws or customs governing the conduct of war.
19. Each of the accused is individually responsible for the crimes alleged against him in this indictment, pursuant to Article 7(1) of the Tribunal Statute. Individual criminal responsibility includes committing, planning, instigating, ordering, or otherwise aiding and abetting, in the planning, preparation or execution of any crimes referred to in Articles 2, 3 and 5 of the Tribunal Statute.
Charges
20. From October 1992 until April 1993, ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC, DRAGO JOSIPOVIC, DRAGAN PAPIC and VLADIMIR SANTIC persecuted the Bosnian Muslim inhabitants of Ahmici-Santici and its environs on political, racial or religious grounds by planning, organising and implementing an attack which was designed to remove or “cleanse” all Bosnian Muslims from the village and surrounding areas.
21. As part of the persecution, ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRES KIC, DRAGO JOSIPOVIC, DRAGAN PAPIC and VLADIMIR SANTIC participated in or aided and abetted:
(a) the deliberate and systematic killing of Bosnian Muslim civilians;
(b) the comprehensive destruction of Bosnian Muslim homes and property; and
(c) the organised detention and expulsion of the Bosnian Muslims from Ahmici-Santici and its environs.
22. By their participation in the acts described in paragraphs 9, 10, 20 and 21, ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC, DRAGO JOSIPOVIC, DRAGAN PAPI C and VLADIMIR SANTIC committed the following crime:
Count 1: A CRIME AGAINST HUMANITY, punishable under Article 5(h) ( persecutions on political, racial or religious grounds) of the Statute of the Tribunal .
23. When the attack on Ahmici-Santici commenced in the early morning of 16 April 1993, Sakib Ahmic was residing with his son, Naser Ahmic, Naser’s wife, Zehrudina , and their two children, Elvis (age 4) and Sejad (age 3 months).
24. Armed with an automatic weapon, ZORAN KUPRESKIC entered the Ahmic house and shot and killed Naser Ahmic. ZORAN KUPRESKIC then shot and wounded Zehrudina Ahmic.
25. MIRJAN KUPRESKIC then entered the Ahmic house and poured flammable liquid onto the furniture to set the house on fire. Then MIRJAN KUPRESKIC and ZORAN KUPRESKI C, aiding and abetting each other, directed gunfire at the two children, Elvis and Sejad Ahmic. When Sakib Ahmic fled the burning residence, Zehrudina, who was wounded , was still alive, but ultimately perished in the fire.
26. Naser Ahmic, Zehrudina Ahmic, Elvis Ahmic and Sejad Ahmic all died and Sakib Ahmic received burns over his head, face and hands.
27. By the foregoing acts, ZORAN KUPRESKIC and MIRJAN KUPRESKIC, aiding and abetting each other, committed the following crimes:
Count 2: By killing Naser Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC committed a CRIME AGAINST HUMANITY, punishable under Article 5(a) (murder) of the Statute of the Tribunal.
Count 3: By killing Naser Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable by Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (murder) of the Geneva Conventions.
Count 4: By killing Zehrudina Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKI C, committed a CRIME AGAINST HUMANITY, punishable under Article 5(a) (murder ) of the Statute of the Tribunal.
Count 5: By killing Zehrudina Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKI C, committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable by Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (murder) of the Geneva Conventions.
Count 6: By killing Elvis Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a CRIME AGAINST HUMANITY, punishable under Article 5(a) (murder) of the Statute of the Tribunal.
Count 7: By killing Elvis Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable by Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (murder) of the Geneva Conventions.
Count 8: By killing Sejad Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a CRIME AGAINST HUMANITY, punishable under Article 5(a) (murder) of the Statute of the Tribunal.
Count 9: By killing Sejad Ahmic, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable by Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (murder) of the Geneva Conventions.
Count 10: By killing Sakib Ahmic’s family before his eyes and causing him severe burns by burning down his home while he was still in it, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a CRIME AGAINST HUMANITY, punishable by Article 5(i) (inhumane acts) of the Statute of the Tribunal.
Count 11: By killing Sakib Ahmic’s family before his eyes and causing him severe burns by burning down his home while he was still in it, ZORAN KUPRESKIC, and MIRJAN KUPRESKIC, committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR , punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (cruel treatment) of the Geneva Conventions.
28. Before the 16 April 1993 attack, HVO soldiers armed with automatic rifles congregated at the residence of VLATKO KUPRESKIC in Ahmici. When the attack commenced, several HVO units used VLATKO KUPRESKIC’s residence as a staging area. Other HVO soldiers shot at Bosnian Muslim civilians from VLATKO KUPRESKIC’s house throughout the attack .
29. As the shooting continued, members of the Pezer family, who were Bosnian Muslims , gathered in their shelter to hide from HVO soldiers. Shortly thereafter, the Pezer family, along with other Bosnian Muslims who had taken refuge in the shelter , decided to escape through the forest.
30. As the Pezer family, with other Bosnian Muslims, ran by VLATKO KUPRESKIC’s house toward the forest, VLATKO KUPRESKIC and other HVO soldiers in front of VLATKO KUPRE SKIC’s house yelled at the fleeing civilians. VLATKO KUPRESKIC and the HVO soldiers , aiding and abetting each other, shot at the group from in front of VLATKO KUPRE SKIC’s house. As the Pezer family fled toward the forest, VLATKO KUPRESKIC and other HVO soldiers, aiding and abetting each other, wounded Dženana Pezer, the daughter of Ismail and Fata Pezer, and another woman. Dženana Pezer fell to the ground and Fata Pezer returned to assist her daughter. VLATKO KUPRESKIC and the HVO soldiers , aiding and abetting each other, then shot Fata Pezer and killed her.
31. By the foregoing acts and omissions, VLATKO KUPRESKIC committed the following crimes:
Count 12: By participating in or aiding and abetting the killing of Fata Pezer, VLATKO KUPRESKIC committed a CRIME AGAINST HUMANITY, punishable under Article 5(a) (murder) of the Statute of the Tribunal.
Count 13: By participating in or aiding and abetting the killing of Fata Pezer, VLATKO KUPRESKIC committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR , punishable by Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (murder) of the Geneva Conventions.
Count 14: By participating in or aiding and abetting in the shooting of Dženana Pezer, VLATKO KUPRESKIC committed a CRIME AGAINST HUMANITY, punishable by Article 5(i) (inhumane acts) of the Statute of the Tribunal.
Count 15: By participating in or aiding and abetting in the shooting of Dženana Pezer, VLATKO KUPRESKIC committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR , punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (cruel treatment) of the Geneva Conventions.
On 16 April 1993 numerous HVO soldiers, including DRAGO JOSIPOVIC and VLADIMIR S ANTIC attacked the home of Musafer and Suhreta Puscul, while the family, which included two young daughters, was sleeping.
33. During the attack, DRAGO JOSIPOVIC, VLADIMIR SANTIC and other HVO soldiers, aiding and abetting one another, forcibly removed the family from their home and then killed Musafer Puscul.
34. As part of the attack, the HVO soldiers, including DRAGO JOSIPOVIC and VLADIMIR SANTIC, vandalised the home and then burned it to the ground.
35. By the foregoing acts, DRAGO JOSIPOVIC and VLADIMIR SANTIC committed the following crimes:
Count 16: By killing or aiding and abetting the killing of Musafer Puscul , DRAGO JOSIPOVIC and VLADIMIR SANTIC committed a CRIME AGAINST HUMANITY, punishable under Article 5(a) (murder) of the Statute of the Tribunal.
Count 17: By killing or aiding and abetting the killing of Musafer Puscul , DRAGO JOSIPOVIC and VLADIMIR SANTIC committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable by Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (murder) of the Geneva Conventions.
Count 18: By forcibly removing the Puscul family from their home and holding family members nearby while they killed Musafer Puscul, and burned the family home , DRAGO JOSIPOVIC and VLADIMIR SANTIC committed a CRIME AGAINST HUMANITY, punishable by Article 5(i) (inhumane acts) of the Statute of the Tribunal.
Count 19: By forcibly removing the Puscul family from their home and holding family members nearby while they killed Musafer Puscul, and burned
the family home, DRAGO JOSIPOVIC and VLADIMIR SANTIC committed a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (cruel treatment) of the Geneva Conventions .
Date: Signed:
Graham T. Blewitt
Deputy Prosecutor
ANNEX B – Map of the Ahmici Region
ANNEX C – Aerial Photograph of Ahmici with Highlighted Landmarks