(a) that the prerequisites necessary to sustain a charge under Articles 3 and 5 of the Statute have been satisfied;
(b) that each of the crimes alleged in the Amended Indictment, in particular murder, torture, outrages upon personal dignity, inhumane acts, cruel treatment, and persecution were committed in Omarska camp;
(c) that Omarska camp was a joint criminal enterprise, a facility used to interrogate , discriminate against, and otherwise abuse non-Serbs from Prijedor and which functioned as a means to rid the territory of or subjugate non-Serbs; and
(d) that the primary means of sustaining and furthering the purpose of the criminal enterprise was by persecuting Muslims, Croats, and other non-Serbs held in Omarska camp through various forms of physical, mental, and sexual violence.⁵²⁷

(a) Kvocka’s Position of Authority in the Police Force

(i) The Command Structure of the Police Force

(ii) Kvocka’s Duties and Position in the Police Station

to go out in the field, to meet the people, the locals, to check on the situation out there in the field, to try and prevent the commission of crimes, to see to the law and order in the area, and to collect all the necessary information and everything else in accordance with the rules and regulations.⁵⁵²

The duty officer, as I have already indicated, is a link between the guards and the commander of the department. The duty officer has to transmit the information he has had access to the commander of the police station department. That constitutes the task of the duty officer. In addition to what I have already said, that he had to be on duty at the telephone, at the radio, and so on and so forth.⁵⁹³

He also stated that the duty officer was required to consult with the shift leader about matters of import arising during a shift because the shift leader had wider authority.⁵⁹⁴

As regards shift leaders, they have a wider scope of duties. He is not a managerial type of position. He is in charge of drafting a daily schedule which is decided upon by the department commander. As regards the profession itself, his position is to be a more professional one than that of the duty officer, because the duty officer must consult the shift leader in the station, and the shift leader has wider authority as regards certain orders that he can issue to police officers. For example , he can call on the radio, he can call policemen from one particular area and tell him that something is happening in another street, that he should go there and check on what is going on. This is the kind of authority that he has while he's on duty . […] There is a difference. It's very difficult to measure it, but there is a big difference between a shift leader and a duty officer. ⁶⁰⁵

(a) Mirsad Alisic, a former car mechanic of the Ljubija mines in Tomasica, was on the pista when he saw Kvocka, whom he knew well. He testified that Kvocka addressed the detainees on the pista and said that he was the camp commander.⁶¹⁰

(b) Witness A, who knew Kvocka from before the war, assumed that Kvocka was a superior because of how guards treated him:

my assumption is that they (Kvocka, Radic, Meakic) were some sort of superiors. All the guards would address him (Kvocka), or if a woman needed something from a guard, the guard would tell us to talk to them.⁶¹¹

(c) Witness AJ said that he thought that Kvocka was deputy commander because Kvocka authorized a change in the location in which Witness AJ was be held:

When I left the interrogation, I can't remember which guard was at the door, but I asked whether I could go into Mujo's room and he said, no, the "green house," that is to say, the pista. And I said, "Well, could I go there?" and he said, " Well, there's Kvocka and Kvocka can say whether you can or not." So for me, Kvocka was the person in charge at the time, and he (Kvocka) gave me this chit, piece of paper, which allowed me to go to Mujo's room.⁶¹²

(d) Sifeta Susic, a former colleague, testified that Kvocka had been the deputy commander in the Omarska police station⁶¹³ and that he was the deputy of Zeljko Meakic in the Omarska camp.⁶¹⁴

(e) Azedin Oklopcic, who knew Kvocka before the war, believed that Kvocka and Zeljko Meakic had a particular status because they alternated 24 hour shifts, while the guards and the shift leaders took 12 hour shifts.⁶¹⁵

(f) Witness AI testified that Kvocka introduced himself as the person responsible for the detainees:

After a certain time had elapsed, we went inside and Kvocka addressed us, and he introduced himself, said he was responsible for us, something along those lines, that everything would be fine, that there were no problems, that we would be questioned , and then that we would be returned home.⁶¹⁶

(a) When a group of new detainees arrived at Omarska from the Keraterm camp on 10 June 1992, “Krle” (Kos) gave the list of their names to Kvocka. The list included the name of Nisret Sivac who was in the group of new arrivals. The guards were beating the new detainees when Kvocka interrupted the guards and asked why Nusret Sivac was brought to the camp instead of Nusreta Sivac, a judge in Prijedor and the intended target of arrest and detention. When a guard asked Kvocka what to do, Kvocka went to see Ranko Mijic, one of the investigation coordinators.⁶²¹ When he came back, he ordered the guard to return Nusret Sivac to Prijedor. Nusret Sivac testified that during the incident, Kvocka behaved like a deputy commander .⁶²²

(b) When Sifeta Susic arrived in the camp by bus, Kvocka ordered an individual dressed like Kvocka, whom she later learned was called Kole or Krle, to immediately return her ID and led her to the eating hall; the other new arrivals however were ordered to lean against the wall whereupon they were beaten by guards in front of Kvocka .⁶²³

(c) Witness J testified that she heard Kvocka giving instructions to guards. Asked to comment on Witness J’s statement, Kvocka testified that it was possible that the detainee saw him passing along instructions, which came from Zeljko Meakic.⁶²⁴

(d) Kerim Mesanovic stated that Kvocka would often issue orders to guards, especially with regard to where they should be positioned.⁶²⁵

(a) During the morning of 29 May 1992, when Zeljko Meakic and Kvocka arrived in the camp they saw three or four dead bodies on the grass. Kvocka testified that the guards on duty told them that the bodies belonged to people who attempted to escape during the night. After two days, a van came and removed the corpses.⁶³⁹

(b) Kvocka stated that on 29 and 30 May 1992 people were brought to the camp in buses and the police and military escorts disembarked first and stood on each side of the doors of the buses. Kvocka observed that when the detainees got off, they were forced to sing Serb nationalistic songs and, at times, slap each other for the guards’ entertainment.⁶⁴⁰

(c) Kvocka testified that he observed people with bruises, suggesting that they had been beaten.⁶⁴¹ On one occasion , he saw a man who had been obviously beaten being interrogated in one of the interrogation rooms.⁶⁴² On another occasion, Kvocka saw about fifty men lying on the pista on their stomachs, in the scorching heat.⁶⁴³

(d) During the morning of 10 June 1992, Kvocka was told by Zeljko Meakic that a detainee named Alija Alisic had been shot while trying to escape. Kvocka knew that the guard who shot the detainee was on leave for several days but did not know whether the man was disciplined for the shooting.⁶⁴⁴

(e) Kvocka admitted hearing that detainees were beaten on their way to the toilet . He also heard stories among guards about people coming in from outside the camp at night to abuse detainees. Kvocka said however that he also heard that this kind of abuse was not frequent and that investigations into such incidents were conducted by the military police. He explained that the abuse by outsiders was due to a general confusion at the beginning as to who was authorized to enter the camp. Every one with a uniform was allowed entry at first.⁶⁴⁵ Later, the guards directly posted near the buildings of the camp were specifically told by Zeljko Meakic to prevent entry by unauthorized persons.

(f) Mirsad Alisic testified that when a detainee called Nasic was killed in the eating hall, Kvocka was standing next to the guard who shot Nasic:

A. While Nasic was standing, he said that it was unbearable, that we couldn't -- he couldn't take it any more, that those of us who had been persecuted couldn't take it any more. But we saw -- I saw at the end of the restaurant, that is to say, outside here, I saw a guard. I saw Plavsic and he was called Cvitan. . . . I saw standing next to that guard Miroslav Kvocka; he stood right next to the guard .

Q. Could you say what happened when Nasic was standing and-- when he was standing .

A The guard shot a burst of gunfire and he killed Nasic straight away. He fell down. There were cries and screams, and there were other people who were wounded . Afterwards, Kvocka came up right to this corner where I was standing and he said , "Why don't you make him keep quiet? Why didn't you stop him from saying what he said?" And afterwards the three young men who had been wounded were taken out .⁶⁴⁶

Kvocka acknowledged that he was aware of this incident, which he reported to Zeljko Meakic.⁶⁴⁷

(a) Kvocka complained about the way body searches were conducted on newly arrived detainees, because they were being searched in a humiliating and improper way. He interfered and said to the military officer doing the search, “boy, this is not how it should be done. It should be done properly”. According to Kvocka, the searches were thereafter conducted properly.⁶⁵⁶

(b) On 30 May 1992, around 1700 hours, two or three buses full of detainees arrived . Kvocka testified that as detainees started embarking from the bus, a vehicle stopped beside the buses and an inebriated man got out and started shooting at the detainees . Kvocka, whose version of the incident was corroborated by several Defense witnesses ,⁶⁵⁷ said he stopped the attacker from further shooting. Some detainees were killed; other detainees and police officers were injured. Following this incident, on the morning of 1 June 1992, Kvocka talked to Zeljko Meakic about his personal trauma resulting from the incident and Zeljko Meakic authorized him to take three or four days leave to rest.⁶⁵⁸

(c) Kvocka successfully dealt, on several occasions, with drunken men who tried to enter the camp through the front gate.⁶⁵⁹ Kvocka said that, although he thought it was not his job to deny entry to unauthorized persons, since this was the job of the military police officers, he occasionally intervened because “sometimes to protect people you have to bypass the usual procedure ”.⁶⁶⁰

(d) Witness AK, who knew Kvocka well, testified that Kvocka walked by as he and other detainees were taken to the white house to be beaten.⁶⁶¹ Kvocka said to the individuals escorting him and the other detainees “bring them back here afterwards”. According to Witness AK, Kvocka’s admonition meant that he and the others “should be allowed to live”.⁶⁶²

(a) During the first days of his arrival in the camp, Kvocka observed from the window of the duty office that people getting off buses were made to sing nationalistic songs and ordered to slap each other. He did not interfere because he considered that detainees were under the jurisdiction of their escort until they were accommodated in “appropriate rooms” by guards. However, Kvocka added that he would have interfered if he had seen a really grave offence.⁶⁶⁴

(b) Kvocka noticed that there was insufficient food and toilet facilities,⁶⁶⁵ but he did not attempt to improve these conditions because he said “it really wouldn't have been appropriate to interfere in somebody else's responsibilities because there was a manager of the mine” who was responsible for these conditions.⁶⁶⁶

Q. For instance, if Mr. Kvocka, as a third sector leader, saw some crime being committed or was notified about crime, what would he have to do? What steps would he take as a sector leader, or even as a normal policeman?

A. It depends on the gravity of the criminal offence. If the crime in question is a theft, then perhaps he can do it himself. However, in cases of more serious offences, he would have to call the police, the crime department, who would then take the necessary steps.

Q. A basic, simple example. If Mr. Kvocka sees a person being beaten by another , he could prevent it and take steps against the person, the aggressor or the assailant ? Could he do that?

A. Yes, if it is possible for him to intervene successfully.

Q. Mr. Bujic, if -- going back to about the duties of a policeman, if he can not intervene -- you said if he can not intervene. Should he not report that crime or the act which has taken place?

A. If it is not possible for him to react, then he should call for assistance as soon as possible so that he can receive help in dealing with a case like that .⁶⁶⁷

(a) Kvocka stated that when Nusret Sivac arrived in the camp, the detainees were lined up against a wall and searched in a humiliating way. Kvocka said “he was helpless ” to object and did not interfere, except to inquire why Nusret Sivac was arrested when it was Nusreta Sivac who should have been arrested, not her brother.⁶⁶⁸ Nusret Sivac testified that Kvocka, after consulting with Ranko Mijic, one of the interrogators’ coordinators, ordered his release.⁶⁶⁹

(b) According to Sifeta Susic, when she first asked Kvocka for assistance in obtaining hygienic supplies and antibiotics, he refused. Finally, Kvocka asked one of his neighbors, Fiketa Oklopcic, for the supplies and Fiketa Oklopcic gave him antibiotics for Sifeta Susic.⁶⁷⁰

(a) Superior Responsibility Under Article 7(3) of the Statute

From this time distance, when I look back, it seems to me that they were absolutely out of control, that nobody obeyed anyone. Each of the soldiers or the guards -- when I say "soldier" it is difficult to tell who was a soldier, who was a policeman , and I don't think the uniforms people wore meant anything in those days. Anybody could kill anybody they liked at any time in any shift. It was sufficient for him to call him out, and very often certain personal accounts would be settled in that way from before.⁶⁸⁵

(b) Individual Responsibility Under Article 7(1) of Miroslav Kvocka for Crimes Proved at Trial

(a) that he was aware of the abusive treatment and conditions endured by the non -Serbs detained in Omarska prison camp;

(b) that he continued working in the camp for approximately 17 days;

(c) that the crimes alleged against Kvocka in the Amended Indictment were committed in Omarska during the time that he was employed in the camp;⁶⁸⁶

(d) that Kvocka’s participation as deputy commander in the functioning of the camp was significant, making him liable as a participant in the joint criminal enterprise of Omarska camp; and

(e) that Kvocka was aware of the persecutory nature of the crimes committed against non-Serbs detained in the camp and, based upon his knowing and substantial participation in the system of persecution pervading Omarska camp, Kvocka had the intent to discriminate against the non-Serbs detained in the camp.

(a) Witness F testified that Prcac was seen walking around carrying papers, inside and outside the administration building, on the pista, or moving towards the white house.⁷⁰⁴ She added that sometimes Prcac would tour the areas where the detainees were held, but most often he would just stay in room B5 in the administration building, where the radios were stored .⁷⁰⁵ This room was referred to as the commander’s room.

(b) Nusret Sivac testified similarly that he saw Prcac in August 1992 in room B5 or around the camp “carrying lists and sometimes reading names from those lists and sometimes giving them to the guards to read out names. People would be taken from Mujo’s room, from the pista, or from the garage and would be lined up in front of the pista, then a kind of selection would take place. Some people would move from the garage to the hangar and the other way round”.⁷⁰⁶

(c) Omer Mesan confirmed Nusret Sivac’s statement but declared that Prcac would act independently when he was calling out the names of detainees from his lists and make decisions related to the absence of detainees’ names on lists.⁷⁰⁷

(d) Zlata Cikota saw Prcac in the camp “always handling some kind of papers, some lists. He didn’t seem to do anything special. He didn’t walk around the compound very often, not at least in the area where women were accommodated”.⁷⁰⁸

(e) Witness J testified that Prcac would read out names of detainees to go for interrogations and that Prcac did the same things as Kvocka. Witness J said Prcac worked in Zeljko Meakic’s office when Zeljko Meakic was absent, he carried lists, and gave instructions and assignments to the guards regarding lists of detainees.⁷⁰⁹

(a) Nusret Sivac testified that guards controlled the process of detainee transfer inside the camp, and asked Prcac for instructions in case of problems during this process.⁷¹⁰ Based upon these observations , he concluded that Prcac was deputy commander of the camp. He stressed that Prcac approved the movement of detainees from one room to another and that all the problems that occurred in the second half of July and the beginning of August were addressed by Prcac.⁷¹¹ He recalled that, on one occasion, Mujo wanted to bring a detainee named Duratovic from the white house to his room. Mujo got permission to move Duratovic after the guards received approval from Prcac.⁷¹²

(b) Witness AN also concluded that Prcac was a deputy commander of the Omarska camp because he was in a police uniform, was often seen walking towards the administrative building, and he carried lists. Witness AN added that he learned from other detainees that Prcac was “deputy commander of the Omarska camp, that he was second in command after SreplacingC commander Kvocka”.⁷¹³

(c) Sifeta Susic also concluded that Prcac was deputy commander of the camp after Kvocka had left because Prcac was working in the “commander room” across the corridor from her room.⁷¹⁴

(d) Both Azedin Oklopcic and Witness B noticed that the guards treated Prcac with respect, as a commander, the same way they treated Zeljko Meakic, talking to him and then quietly going to their guard posts.⁷¹⁵

(e) Witness K declared that Prcac had the same authority as Kvocka because Witness K saw Prcac giving assignments to guards and directing them within the camp. Witness K said Prcac carried lists.⁷¹⁶

(f) Witness J saw Prcac, sometimes together with Zeljko Meakic, giving assignments to guards. Witness J also saw them together standing in the cafeteria, or going in the direction of the white house, the garage, or other buildings where detainees were kept.⁷¹⁷

(a) One detainee referred to Prcac as the third commander of the camp.⁷¹⁸ Abdulah Brkic, Kerim Mesanovic, and Omer Mesan said they heard from other detainees that Prcac was deputy commander.⁷¹⁹ Witnesses AT and U also testified that women detained in the camp told them that Prcac was deputy commander of the camp.⁷²⁰ Witness U believed this information after observing the tasks performed by Prcac . He testified under cross-examination that “at the end of our stay in the camp, Mr. Prcac came with a list of women who were to go home and because of that, I concluded that he could be a warden or something of that kind”.⁷²¹

(b) Witness B, a woman detained in the Omarska camp, testified that on one occasion Zeljko Meakic said that he was the “commander of security” and that Prcac was the commander of the camp. Witness B added that the camp personnel and guards treated Prcac in the same way they did Kvocka and Zeljko Meakic. Prcac roamed the camp, spoke to the shift leaders and guards, and was dressed in a police uniform.⁷²²

(c) Witness F testified that Zlata Cikota told her Prcac was deputy commander.⁷²³ However, the Trial Chamber notes that in her own testimony Zlata Cikota did not state that Prcac was deputy commander of the camp. She said only that she saw Prcac and Zeljko Meakic going for a beer and that they had a good relationship.⁷²⁴ She also testified that she would not have survived the camp without the help of Prcac, whom she knew well,⁷²⁵ and that he enabled her to see her husband who was also detained in Omarska.⁷²⁶ She “noticed” that Prcac had influence in the camp.⁷²⁷

(a) Superior Responsibility Under Article 7(3) of the Statute

(b) The Individual Responsibility of Prcac Under 7(1) for Crimes Proved at Trial

(a) that he was aware of the abusive treatment and conditions endured by the non -Serbs detained in Omarska prison camp;

(b) that he continued working in the camp for approximately 22 days;

(c) that the crimes alleged against Prcac in the Amended Indictment were committed in Omarska during the time that he was employed in the camp;⁷⁶³

(d) that Prcac’s participation as an administrative aide to the camp commander in the functioning of the camp was significant, making him liable as a participant in the joint criminal enterprise of Omarska camp; and

(e) that Prcac was aware of the persecutory nature of the crimes committed against non-Serbs detained in the camp and, based upon his knowing and substantial participation in the system of persecution pervading Omarska camp, Prcac had the intent to discriminate against the non-Serbs detained in the camp.

(a) Nusret Sivac saw guards coming to see Kos for instruction. He added that “Krle” appeared to be coordinating things and giving instructions to the guards. If a detainee wanted to go somewhere, he would ask permission from a guard, and the guard would say they had to ask the shift leader. The guards would then talk to whoever was in charge of the shift: Kos, Radic, or Ckalja.⁷⁸¹

(b) Omer Mesan also thought that Kos was a shift leader because of the way he behaved , giving assignments to the guards and moving freely about the camp.⁷⁸²

(c) Kerim Mesanovic testified that he heard Kos issue orders to guards in the camp.⁷⁸³

(d) Witness J described the shift changeovers. She testified that in-coming guards arrived by bus in a group and the out-going guards would usually leave on the same bus. Sometimes this took place in front of the entrance to the administration building , sometimes on the pista and sometimes in the reception area of the administration office.⁷⁸⁴ She saw the guards go upstairs in the administration building and then come back down. The guards talked about reporting to the commander or the deputy prior to the beginning or ending of a shift.⁷⁸⁵

(e) Sabit Murcehajic said that the inspectors would always call Krle, who issued orders to the guards.⁷⁸⁶

(f) Nihad Haskic too assumed Kos was a shift leader. He saw Kos moving around the camp : to the hangar, administration building, cafeteria, and white house, talking to guards and seemingly issuing orders to them.⁷⁸⁷

(a) Witness AK recalled one instance when Asef Kapetanovic was called out in the evening and told to take his things. He feared that he would be killed, but Dr. Esad Sadikovic said “SiCt’s Krle’s shift. I’ll go to see him and ask.” Dr. Sadikovic spoke with Kos directly about Kapetanovic and reported to Witness AK that “SeCverything is all right, stay where you are.”⁷⁸⁸

(b) Sefik Zjakic testified that on another occasion, Kos, while lining detainees in the dining hall, told Mujo Crnalic not to worry because there would be no more beatings that day. Subsequently, there were no more beatings.⁷⁸⁹

(c) Sabit Murcehajic testified that Kos prevented a man from repeatedly shooting a gun at Bajro Cirkin’s brother.⁷⁹⁰

(a) Superior Responsibility Under Article 7(3) of the Statute

(b) The Individual Responsibility of Kos Under 7(1) for Crimes Proved at Trial.

(a) that he was aware of the abusive treatment and conditions endured by the non -Serbs detained in Omarska prison camp;

(b) that he continued working in the camp for well over 2 months;

(c) that the crimes alleged against Kos in the Amended Indictment were committed in Omarska during the time that he was employed in the camp;⁸¹⁵

(d) that his participation as a guard shift leader played a crucial role in the efficient and effective functioning of the camp and his participation was significant , making him liable as a participant in the joint criminal enterprise of Omarska camp;

(e) that he incurred individual responsibility for beating and harassment of detainees in the camp through his active participation or silent approval of the crimes committed in his presence or by guards on his shift; and

(f) that he was aware of the persecutory nature of the crimes committed against non-Serbs detained in the camp and, based upon his knowing and substantial participation in the system of persecution pervading Omarska camp, he had the intent to discriminate against the non-Serbs detained in the camp.

They broke my ribs here. My skin split on the back because of the blows. I was bleeding and my skin was cut. I had wounds there and it crusted later on. They beat me all over except on the head…they had a baseball bat. They also had a whip made of a cable with some metal balls on it. They had some metal rods.⁸⁶⁸

…He pushed me against a wall, and he started touching me on my breasts and on my bottom . . . I was pleading with him to let me go, not to touch me, but he was very rough. He was pushing against me, and I was breathless.⁸⁹³

asked me what I wanted, why I didn’t want to work there and so on. And I said, “ You see, Simo, I grew up with these people. I have friends here. I have my sister’s friends married to Muslims, and I feel very uncomfortable working here. Could I go somewhere else?” Then he raised his voice and said “And who is in command here ?” And I said, “My superior is Meakic and you are probably superior to all of us .”

And then he said, “You’re going to do as you are told.” And to that I had to say “I understand,” and that was it.⁹¹⁴

Well, you see, there was wartime euphoria at the time. Nothing happened to them. But people would go home to dig the maize fields, to collect wood. No one was tied up there. People would abandon their posts. I even heard that some went swimming , but there was nothing I could do about it.

Q. No, I understand. I’m just asking.

A. It depended on the individual and how conscientious he was.⁹¹⁵

(a) Superior Responsibility Under Article 7(3) of the Statute

(b) The Individual Responsibility of Radic Under 7(1) for Crimes Proved at Trial

(a) that he was aware of the abusive treatment and conditions endured by the non -Serbs detained in Omarska prison camp;

(b) that he continued working in the camp for nearly three months, the entirety of the camp’s existence;

(c) that the crimes alleged against Radic in the Amended Indictment were committed in Omarska during the time that he was employed in the camp;⁹²⁵

(d) that Radic’s participation as a guard shift leader played a crucial role in the efficient and effective functioning of the camp, and his participation was significant , making him liable as a participant in the joint criminal enterprise of Omarska camp;

(e) that guards on Radic’s shift committed numerous heinous crimes against detainees and he is also responsible for his active participation in or silent encouragement of the crimes committed in his presence or with his tacit approval;

(f) that Radic physically perpetrated crimes of sexual violence against females detained in the camp; and

(g) that Radic was aware of the persecutory nature of the crimes committed against non- Serbs detained in the camp and, based upon his knowing and substantial participation in the system of persecution pervading Omarska camp, Radic had the intent to discriminate against the non-Serbs detained in the camp.

Let me tell you one thing, all the guards in the camp, in the Omarska camp, it was an attraction for them all when Zigic, Timarac, and Duca turned up, because they knew that at that time when they turned up, they would see something that they couldn’t even see on film. And when it happened that Zigic beat Riza Hadzalic, or anybody else, all the other guards from the surrounding points would come to watch, to experience those incidents.⁹²⁹

Further testimony is examined in detail below.

(a) Beating and Mistreatment of Witness AK, Witness AJ, Asef Kapetanovic, Emir Beganovic and Abdulah Brkic⁹³⁰

[…]Zigic cursed and swore. And at one point, I felt some terrible blows on my back . I don’t know what he was hitting me with, what kind of baton or club, whether it was wooden or metal or whatever. But I felt that blood was coming down my face because I got blows from underneath my face, hit from below. And at one point, I felt that with all this blood that I was spitting out, I was spitting out parts of my teeth as well. ⁹⁴¹

(b) Fatal beating of Becir Medunjanin and beating of Witness T ⁹⁶³

Each blow with this ball provoked such pain that I could hardly see; there were spots in front of my eyes. I tried to protect myself with my hands. Whenever a blow would hit a bone, I felt as if the bones were cracking. I felt blood streaking down my head.⁹⁷⁰

(c) Was Zigic’s Participation in Omarska Camp, a Joint Criminal Enterprise, Significant Enough to Incur Criminal Responsibility?

(a) Zigic’s presence and duties in the Keraterm camp

I remember the first time. It was a Tuesday. A green Mercedes entered where I was . Four or five people stepped out. Zigic was already in the camp, and they started beating up everyone without any reason. They just started beating everybody.⁹⁹⁴

You know, my impression was that he wanted to leave the impression that he do ( ^sic( with each one of us as he pleased, to kill whomever he wanted, beat, take out, or whatever. As a matter of fact, yes, he could do that, and he did do that .¹⁰⁰²

(b) Beatings Resulting in the Death of Emsud Bahonjic and Sead Jusufagic¹⁰⁰⁷

They forced them to jump onto a truck and then jump off the truck again while beating them at the same time. After that, they brought Emsud back to the room, and Zigic gave Car a machine-gun and made him run around the area. After that, he ordered him to dismantle the machine-gun. Car managed to do it. However, he was not able to put it back again. Later on, Car was ordered to call Emsud out so that Emsud could help him put the machine-gun back again. At the same time, they were beating him with their fists, kicking him, hitting him with their rifle butts. After that , Emsud was brought back to the room and Car remained outside, still running around in the area.¹⁰¹⁰

After that Zoran Zigic came back on several occasions, kicking him and saying, ‘ Are you still alive, baljia?’ After that, they left him lying there, and the next day Car died. He was taken out and left by the container.¹⁰¹³

It went on day after day after day for about seven days. In the end, one could simply see that he wouldn’t really live much longer, that he was already half dead. His two uncles asked the guards to give him some water and wash him because he was stinking , there was a terrible odour coming from him. After he was washed, only a few hours later he died.¹⁰²¹

(c) Murder of Jasmin Izejiri¹⁰²³

(d) Murder of Špija Mešic¹⁰²⁷

(e) Beating resulting in the death of Drago Tokmadzic¹⁰³⁰

(f) Mass Murder of the Occupants of Room 3¹⁰³⁸

At one point he came closer to the table. He took the table and moved it away for about 1 metre or 2 metres, and he sat on a chair behind the table. He started swearing at us, telling us that he would kill us all. I saw Zoran Zigic at that time near that table.¹⁰⁴³

There were people with arms missing, half their backs, a small hole in front and behind no back left. I think there were about 120 men. There were people who had no visible wounds but who had choked to death as they fell, one on top of each other .¹⁰⁴⁵

(f) Beating of Fajzo Mujkanovic¹⁰⁵²

(g) Beating of Witness AE and Redzep Grabic¹⁰⁵⁵

As he hit the man on the back or neck, those men would fall down, head forward, on the asphalt. Another soldier was moving between the column and would receive in his hands those individuals that Zigic would hit, and then he would then hit him with his soldier’s boot under the chin or on the face, wherever, so that that individual would again be returned upward, in the upright position. It went on until all of us had passed through it.¹⁰⁶¹

Zigic then ordered the men to fight amongst themselves, threatening that if they refused to do so, he would assault them. Witness AE was ordered fight Redo Grabic .¹⁰⁶² The incident only ended when a man called Kajin, whom the witness thought was probably the shift leader, intervened .¹⁰⁶³

(h) Beating of Jasmin Ramadanovic, nicknamed “Sengin”¹⁰⁷¹

(i) Beating of Zijad Krivdic and Witness V¹⁰⁷⁵

(j) Beating of Witness AD¹⁰⁸²

(k) Beating of Edin Ganic and Husein Ganic¹⁰⁹¹

I can’t say how long it lasted now. It seemed to me to last forever. I know that I lost consciousness several times, and they poured water over me. In the end, Zigic said, ‘you know, guys, he’s got money and he’ll probably get out of here. That’s why we have to incapacitate him.’¹⁰⁹²

When they took my clothes off, they started kicking me, and that is, they started beating me on the legs. And then Zoran Zigic ordered them not to hit me on the head because I was already bleeding through my ears and nose, and they said, ‘don’t hit him anymore, he’s finished.’¹⁰⁹⁴

Husein Ganic was then thrown into a water barrel. A day or two later, both Husein Ganic and Edin Ganic were taken to the hospital.¹⁰⁹⁵

(l) Murder of Vahid Sivac and beating of Huso Sivac

(m) Beating of Safet Taci

(n) Beating of Zeric, Ivo Sikura, and Samir Sistek

Mr. Zeric was a detainee like us, and at one occasion Zigic was walking around the Keraterm compound and he recognised him and immediately started kicking him. And he was cursing his baljia mother, accusing him of selling some hand grenades at the market. And he continued to beat him until the person almost fainted.¹¹¹¹

He also witnessed Zigic beating an elderly man named Ivo Sikura and a young man by the name of Samir Sistek. Zigic also forced the latter to sing “Chetnik” songs .¹¹¹²

(o) Beating of Hase Icic’s brother and a man called “Alic”

(p) Conclusion

(a) Beating of Hasan Karabasic¹¹²⁵

(a) The Individual Responsibility of Zigic under Article 7(1) for Crimes Proved at Trial – Omarska Camp.

(a) that he was aware of the abusive treatment and conditions endured by the non -Serbs detained in Omarska prison camp;

(b) that he regularly entered Omarska camp to abuse detainees;

(c) that Zigic physically and directly perpetrated crimes of physical and mental violence against detainees in Omarska camp;

(d) that the role he played in perpetrating crimes in Omarska camp as part of the joint criminal enterprise was significant, making him liable as a participant in the joint criminal enterprise of Omarska camp; and

(e) that Zigic was aware of the persecutory nature of the crimes committed against non-Serbs detained in the camp and, based upon his knowing and substantial participation in the system of persecution pervading Omarska camp, Zigic had the intent to discriminate against the non-Serbs detained in the camp.

(b) The Individual Responsibility of Zigic under Article 7(1) for Crimes Proved at Trial – Keraterm and Trnopolje camps

(a) Zigic is responsible for the murder of Emsud Bahonjic, Sead Jusafagic and Drago Tokmadzic. Pursuant to Part III, B, on cumulative convictions, count 1, persecution , and count 7, murder, are to be retained.

(b) Zigic is responsible for the torture of Fajzo Mujkanovic. Pursuant to Part III, B, on cumulative convictions, count 1, persecution, and count 12, torture, are to be retained.

(c) Zigic is responsible for the torture of Witness AE¹¹³⁶ and Redzep Grabic. Pursuant to Part III, B, on cumulative convictions, count 1, persecution, and count 12, torture, are to be retained.

(d) Zigic is responsible for the torture of Jasmin Ramadonovic. Pursuant to Part III, B, on cumulative convictions, count 1, persecution, and count 12, torture, are to be retained.

(e) Zigic is responsible for committing an inhumane act against Witness V. Pursuant to Part III, B, on cumulative convictions, count 1, persecution, is to be retained .

(f) Zigic is responsible for committing an inhumane act against Edin Ganic. Pursuant to Part III, B, on cumulative convictions, count 1, persecution, is to be retained .

(g) Zigic is responsible for the cruel treatment of Hasan Karabasic in Trnopolje camp. Pursuant to Part III, B, on cumulative convictions, count 13, cruel treatment , is to be retained.

(a) Persecution (count 1) for the crimes committed in the Omarska camp generally and in particular against Becir Medunjanin, Asef Kapetanovic, Witnesses AK, AJ, T, Abdulah Brkic and Emir Beganovic and for crimes committed in the Keraterm camp against Fajzo Mujkanovic, Witness AE, Redzep Grabic, Jasmin Ramadonovic, Witness V, Edin Ganic, Emsud Bahonjic, Drago Tokmadzic, and Sead Jusufagic.

(b) Murder (count 7) with respect to crimes committed in the Omarska camp generally and against Becir Medunjanin in particular. In the Keraterm camp, murder (count 7) with respect to Drago Tokmadzic, Sead Jusufagic and Emsud Bahonjic.

(c) Torture (count 12), with respect to crimes committed in the Omarska camp generally and against Abdulah Brkic, Witness T, Witness AK, AJ, Asef Kapetanovic, in particular and to crimes committed in the Keraterm camp against Fajzo Mujkanovic, Witness AE , Redzep Grabic, and Jasmin Ramadanovic.

(d) Cruel treatment (count 13) with respect to crimes committed against Emir Beganovic in the Omarska camp and Hasan Karabasic in the Trnopolje camp.