THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
CASE NO. IT-95-9
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
SLOBODAN MILJKOVIC a/k/a LUGAR,
BLAGOJE SIMIC,
MILAN SIMIC,
MIROSLAV TADIC a/k/a MIRO BRKO,
STEVAN TODOROVIC a/k/a STIV a/k/a STEVO a/k/a MONSTRUM,
SIMO ZARIC a/k/a SOLAJA
INDICTMENT
Richard J. Goldstone, Prosecutor of the International Criminal
Tribunal for the Former Yugoslavia, pursuant to his authority under Article 18
of the Statute of the International Criminal Tribunal for the former Yugoslavia
(Tribunal Statute), charges:
1. In 1991, almost 17,000 Bosnian Croats and Muslims, of a total
population of about 33,000, lived in the municipality of Bosanski Samac in the
Republic of Bosnia and Herzegovina. By May 1995, fewer than 300 of the Bosnian
Croat and Muslim residents remained.
2. On 17 April 1992, Serb military forces from Bosnia and elsewhere
in the former Yugoslavia seized control of the town of Bosanski Samac.
3. Because of its location at the northwestern edge of the "Posavina
Corridor," control of Bosanski Samac was important to Serb efforts to create
a Serb-controlled land bridge between Serbia and the Krajina Serbs in Croatia
and western Bosnia and Herzegovina.
4. After seizing control in the military takeover, Serb authorities
undertook a campaign of terror designed to force most Bosnian Croat and Muslim
residents to leave the area.
5. Beginning on 17 April 1992, Serb military and political authorities
coordinated and carried out the following actions as part of that campaign of
terror:
a) arrested and detained most of the Bosnian Croat and Muslim men
in the municipality, particularly the political, economic, professional, academic,
and civic leaders;
b) established and operated, primarily under the authority of the
Serb police, detention camps where prisoners were killed, beaten, tortured, sexually
assaulted, and otherwise mistreated;
c) permitted units of paramilitary soldiers from Serbia to enter
the detention camps to kill and beat the prisoners;
d) forced Bosnian Croat and Muslim residents to leave their homes,
and permitted Serb residents to move into the vacated homes;
e) expelled, through force or intimidation, Bosnian Croat
and Muslim residents of the municipality to other countries and other parts of
Bosnia and Herzegovina;
f) required Bosnian Croat and Muslim men, women, and children to
work on forced labor projects, such as digging trenches and other work at military
confrontation lines;
g) robbed Bosnian Croat and Muslim residents of their cars, cash
and valuables, and looted their homes;
h) looted and dismantled equipment and inventories from Bosnian
Croat and Muslim businesses;
i) issued orders prohibiting Bosnian Croats and Muslims from congregating
in public and requiring Bosnian Croats and Muslims to wear white arm bands to
identify themselves as non-Serbs;
j) confiscated the bank accounts of many Bosnian Croats and Muslims
and blocked the funds in those accounts;
k) mobilised Bosnian Croat and Muslim men into the Bosnian Serb
army and sent them to the front lines;
l) created such an atmosphere of fear and oppression among the non-Serb
population that most Bosnian Croat and Muslim residents fled the area.
THE ACCUSED:
6. Slobodan MILJKOVIC, a/k/a Lugar, born in 1953, from Kragujevac,
Serbia, was the Deputy Commander of the 2nd Posavina Brigade, also known as the
"Gray Wolves," a paramilitary unit from Serbia.
7. Blagoje SIMIC, born in 1960, is a medical physician from
Kruskovo Polje, Bosanski Samac municipality who is the president of the Serbian
Democratic Party (SDS) in Bosanski Samac and was Vice-Chairman of the town assembly
from 1991 through 17 April 1992. From 4 November 1991 through at least 30 November
1992, Blagoje Simic was the Deputy of the Assembly of the self-declared "Serb
Autonomous Region of Northern Bosnia," later called the "Serb Autonomous
Province of Semberija and Majevica," of the "Serb Republic of Bosnia
and Herzegovina." In March 1992, Blagoje Simic declared himself head of
the "Serb Municipality Bosanski Samac." After the military takeover
of Bosanski Samac on 17 April 1992, Blagoje Simic became Chairman of the Bosanski
Samac Assembly, Chairman of the local SDS Crisis Staff and President of the Wartime
Presidency.
8. Milan SIMIC, born in 1958, a cousin of Blagoje SIMIC,
trained as an economist, was a member of the Fourth Detachment, and after
17 April 1992 became Chairman of the Executive Board of the Bosanski Samac Assembly;
9. Miroslav TADIC, a/k/a Miro Brko, born in 1937, from Odzak
municipality, formerly a teacher, ran the cafe "AS" in Bosanski Samac
and served as Simo Zaric's deputy in connection with the Fourth Detachment. After
17 April 1992, Miroslav Tadic became chairman of the Bosanski Samac "Exchange
Commission."
10. Stevan TODOROVIC, also known as (hereafter a/k/a) Stiv, Stevo
or Monstrum, born in 1957, from Donja Slatina, Bosanski Samac municipality,
was appointed Chief of Police for Bosanski Samac after the 17 April 1992 military
takeover. Before then, Stevan Todorovic was an executive in a bamboo furniture
factory.
11. Simo ZARIC, a/k/a Solaja, born 25 July 1948, from Donja
Dubica, Odzak municipality, was a former police chief of Bosanski Samac and State
Security Service (SDB) agent who, from 1 January 1992 through at least 31 August
1992, organised and supervised a Serb territorial defence unit known at first
as the Fourth Detachment and later renamed the 5th Battalion of the 2nd Posavina
Brigade.
GENERAL ALLEGATIONS:
12. Unless otherwise set forth below, all acts and omissions alleged
in this indictment took place between about 17 April and 20 November 1992 in
Bosanski Samac municipality in the Republic of Bosnia and Herzegovina in the
territory of the former Yugoslavia.
13. At all times relevant to this indictment, a state of armed conflict
and partial occupation existed in the Republic of Bosnia and Herzegovina.
14. At all times relevant to this indictment, all persons described
in this indictment as victims were protected by the Geneva Conventions of 1949.
15. At all times relevant to this indictment, all of the accused
in this indictment were required to abide by the laws and customs governing the
conduct of war, including the Geneva Conventions of 1949.
16. In each paragraph of this indictment charging torture, the acts
were committed by, or at the instigation of, or with the consent or acquiescence
of, an official or person acting in an official capacity, and for one or more
of the following purposes: to obtain information or a confession from the victim
or a third person; to punish the victim for an act the victim or a third person
committed or was suspected of having committed; to intimidate or coerce the victim
or a third person; and/or for any reason based upon discrimination of any kind.
17. All acts and omissions charged as crimes against humanity were
part of a widespread, systematic or large-scale attack against the Croat and
Muslim residents of the municipality of Bosanski Samac.
18. 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 liability includes committing, planning, initiating,
ordering or aiding and abetting in the planning, preparation or execution of
any crime referred to in Articles 2 to 5 of the Tribunal Statute.
19. Paragraphs 12 through 18 are realleged and incorporated into each of the charges set forth below.
CHARGES:
COUNTS 1 - 2
(DEPORTATION AND TRANSFER)
20. From about 17 April 1992 through at least 4 September 1992,
Simo ZARIC and Miroslav TADIC participated in the planning of,
and preparation for, the unlawful deportation and forcible transfer of hundreds
of Bosnian Croat and Muslim residents, including women, children and the elderly,
from their homes in the Bosanski Samac municipality to other countries or to
other parts of the Republic of Bosnia and Herzegovina not controlled by Serb
forces. By these actions Simo ZARIC and Miroslav TADIC planned,
instigated, ordered or committed:
Count 1: a GRAVE BREACH of the Geneva Conventions
of 1949 (hereafter Grave Breach) recognised by Article 2(g) (unlawful
deportation or transfer) of the Tribunal Statute;
Count 2: a CRIME AGAINST HUMANITY recognised by Article
5(d) (deportation) of the Tribunal Statute.
COUNTS 3 - 8
(KILLINGS AT CRKVINA)
21. On about 6 May 1992, approximately 50 Bosnian Croat and Muslim
detainees who had been detained at the Bosanski Samac Territorial Defence (hereafter
TO) building were moved by the Serb authorities to an agricultural cooperative
building in the nearby village of Crkvina. On about 7 May 1992, Slobodan MILJKOVIC,
together with several other paramilitary soldiers, came to the agricultural
cooperative building and ordered the detainees to line up against a wall. Slobodan
MILJKOVIC then directed the soldiers to shoot and himself participated in
the shooting and killing of 16 of the detainees: Ivan Agatic, Jozo Antunovic,
Ivan Bartolovic, Luka Blazanovic, Niko Brandic, Luka Gregurevic, Sead Hurtic,
Franjo Mandic, Ilija Matic, Ivo Mijic, Josip Orsolic, Ivo Tuzlak and four unknown
males. At the same time, Slobodan MILJKOVIC caused fear of immediate death
and great mental suffering among the other 34 detainees, including Juro Basic,
Ibro Taletovic, Mato Tufekovic, and Vinko Tufekovic. By these actions, Slobodan
MILJKOVIC ordered or committed:
Counts 3 and 4: GRAVE BREACHES recognised by Article
2(a) (wilful killing) and Article 2(c) (wilfully causing great suffering) of
the Tribunal Statute;
Counts 5 and 6: VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (murder)
(cruel treatment) of the Geneva Conventions;
Counts 7 and 8: CRIMES AGAINST HUMANITY recognised by Article 5(a) (murder) and Article 5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 9 - 11
(KILLING OF ANTO BRANDIC)
22. On about 26 April 1992, at the Bosanski Samac TO building and
yard, Slobodan MILJKOVIC killed Anto Brandic a/k/a Dikan by beating him
repeatedly with a wooden club and shooting him. By these actions, Slobodan
MILJKOVIC committed:
Count 9: a GRAVE BREACH recognised by Article 2(a)
(wilful killing) of the Tribunal Statute;
Count 10: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (murder)
of the Geneva Conventions;
Count 11: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal Statute.
COUNTS 12 - 14
(KILLING OF BARTOL KLJAJIC)
23. On about 7 July 1992, after beating several detainees at the
gymnasium of the Bosanski Samac secondary school, Slobodan MILJKOVIC shot
Bartol Kljajic in the head. By these actions, Slobodan MILJKOVIC committed:
Count 12: a GRAVE BREACH recognised by Article 2(a)
(wilful killing) of the Tribunal Statute;
Count 13: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (murder)
of the Geneva Conventions;
Count 14: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal Statute.
COUNTS 15 - 17
(KILLING OF MARKO EVIC)
24. On about 7 July 1992, after beating several detainees at the
gymnasium of the Bosanski Samac secondary school and shooting Bartol Kljajic
in the head, Slobodan MILJKOVIC ordered one of the guards to beat
Marko Evic, and the guard shot and killed Marko Evic. By these actions, Slobodan
MILJKOVIC instigated, ordered, or otherwise aided and abetted:
Count 15: a GRAVE BREACH recognised by Article 2(a)
(wilful killing) of the Tribunal Statute;
Count 16: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (murder)
of the Geneva Conventions;
Count 17: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal Statute.
COUNTS 18 - 20
(BEATINGS)
25. On several different occasions between 17 April 1992 and 30
June 1992, at or near the Bosanski Samac police headquarters (hereafter SUP)
and TO buildings, Slobodan MILJKOVIC beat Croat and Muslim detainees who
were confined there, including Muhamed Bicic, Esad Dagovic, Dragan Lukac, Father
Jozo Puskaric, Sulejman Tihic, and Grgo Zubak by kicking them and hitting them
with many different implements, including a police baton, a large metal wrench,
an automobile shock absorber, and an automobile jack. By these actions, Slobodan
MILJKOVIC committed:
Count 18: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 19: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (cruel treatment)
of the Geneva Conventions;
Count 20: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 21 - 23
(BEATING OF FATHER JOZO PUSKARIC)
26. On about 8 June 1992, Slobodan MILJKOVIC took
Father Jozo Puskaric, a Roman Catholic priest, from the SUP building where Father
Puskaric was being detained to a nearby building housing a radio transmitter,
where Slobodan MILJKOVIC beat Father Puskaric and broke a bone in his
face by striking him with a hard object. By these actions, Slobodan MILJKOVIC
committed:
Count 21: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 22: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (cruel treatment)
of the Geneva Conventions;
Count 23: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 24 - 26
(BEATING OF MUHAMED BICIC)
27. On an occasion sometime between about 1 June and 30 June 1992,
in the hallway of the gymnasium of the Bosanski Samac primary school, Milan
SIMIC and several others kicked Muhamed Bicic and beat him repeatedly with
iron bars and chair legs. By these actions, Milan SIMIC committed or otherwise
aided and abetted:
Count 24: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 25: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (cruel treatment)
of the Geneva Conventions;
Count 26: a CRIME AGAINST HUMANITY recognised by Article 5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 27 - 29
(KILLING OF ANTO BRANDIC)
28. On about 29 July 1992, in the hallway of the SUP building in
Bosanski Samac, Stevan TODOROVIC and others killed Anto Brandic
a/k/a Antesa by repeatedly beating and kicking him with police batons and heavy
boots. By these actions, Stevan TODOROVIC committed or otherwise
aided and abetted:
Count 27: a GRAVE BREACH recognised by Article 2(a)
(wilful killing) of the Tribunal Statute;
Count 28: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (murder)
of the Geneva Conventions;
Count 29: a CRIME AGAINST HUMANITY recognised by Article
5(a) (murder) of the Tribunal Statute.
COUNTS 30 - 32
(BEATINGS IN THE SUP BUILDING)
29. On about 29 July 1992, in the hallway of the SUP building in
Bosanski Samac, Stevan TODOROVIC and others repeatedly beat and
kicked Enver Ibralic, Hasan Jasarevic, Omer Nalic, and Father Jozo Puskaric with
police batons and heavy boots, thereby causing the victims physical injury. By
these actions, Stevan TODOROVIC committed or otherwise aided and
abetted:
Count 30: a GRAVE BREACH (wilfully causing great suffering)
recognised by Article 2(c) of the Tribunal Statute;
Count 31: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (cruel treatment)
of the Geneva Conventions;
Count 32: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 33 - 35
(BEATING OF SILVESTAR ANTUNOVIC)
30. On about 15 July 1992, in the gymnasium of the Bosanski Samac
primary school, Stevan TODOROVIC and others repeatedly beat Silvestar
Antunovic with a large wooden club. As a result of the beating, Silvestar Antunovic
suffered partial paralysis and other serious physical injury. By these actions,
Stevan TODOROVIC committed or otherwise aided and abetted:
Count 33: a GRAVE BREACH recognised by Article 2(c)
(wilfully causing great suffering) of the Tribunal Statute;
Count 34: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (cruel treatment)
of the Geneva Conventions;
Count 35: a CRIME AGAINST HUMANITY recognised by Article
5(i) (inhumane acts) of the Tribunal Statute.
COUNTS 36 -38
(SEXUAL ASSAULT)
31. On about 13 June 1992 in the hallway of the Bosanski Samac SUP
building, Stevan TODOROVIC forced Witness A and Witness B to perform
sexual acts upon each other in the presence of several other prisoners and guards.
By these actions, Stevan TODOROVIC instigated, ordered, and committed:
Count 36: a GRAVE BREACH recognised by Article 2(b)
(inhuman treatment) of the Tribunal Statute;
Count 37: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(c) (humiliating
and degrading treatment) of the Geneva Conventions;
Count 38: a CRIME AGAINST HUMANITY recognised by Article 5(g) (rape, which includes other forms of sexual assault) of the Tribunal Statute.
COUNTS 39 - 41
(TORTURE OF OMER NALIC)
32. On about 19 June 1992, at the Bosanski Samac primary school,
while questioning Omer Nalic about a radio transmitter, Stevan TODOROVIC
ordered three men to beat Omer Nalic. By these actions, Stevan TODOROVIC
instigated, ordered, committed or aided and abetted:
Count 39: a GRAVE BREACH recognised by Article 2(b)
(torture) of the Tribunal Statute;
Count 40: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Article 3 of the Tribunal Statute and Article 3(1)(a) (torture)
of the Geneva Conventions;
Count 41: a CRIME AGAINST HUMANITY recognised by Article
5(f) (torture) of the Tribunal Statute;
COUNTS 42 - 56
(SUPERIOR AUTHORITY)
33. After about 17 April 1992, Blagoje SIMIC was the highest
ranking civilian official in the municipality of Bosanski Samac, and as such,
was in a position of superior authority to Stevan TODOROVIC, the
newly-appointed Serb Chief of Police.
34. With respect to the acts and omissions of Stevan TODOROVIC
set forth in this indictment, Blagoje SIMIC knew or had reason to know
that Stevan TODOROVIC was about to commit such acts or had done
so, and Blagoje SIMIC failed to take the necessary and reasonable measures
to prevent such acts or to punish Stevan TODOROVIC. By these acts
or omissions, Blagoje SIMIC was criminally responsible for the actions
of Stevan TODOROVIC and committed:
regarding the killing of Anto Brandic described in paragraph 28:
Count 42: a GRAVE BREACH recognised by Articles 2(a)
and 7(3) (wilful killing) of the Tribunal Statute;
Count 43: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute and Article (3)(1)(a)
(murder) of the Geneva Conventions;
Count 44: a CRIME AGAINST HUMANITY recognised by Articles
5(a) and 7(3) (murder) of the Tribunal Statute.
regarding the beatings described in paragraph 29:
Count 45: a GRAVE BREACH recognised by Articles 2(c)
and 7(3) (wilfully causing great suffering) of the Tribunal Statute;
Count 46: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, recognised
by Articles 3 and 7(3) of the Tribunal Statute and Article (3)(1)(a) (cruel treatment)
of the Geneva Conventions;
Count 47: a CRIME AGAINST HUMANITY recognised by Articles
5(i) and 7(3) (inhumane acts) of the Tribunal Statute.
regarding the beating of Silvestar Antunovic described in paragraph
30:
Count 48: a GRAVE BREACH recognised by Articles 2(c)
and 7(3) (wilfully causing great suffering) of the Tribunal Statute;
Count 49: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute and by Article (3)(1)(a)
(cruel treatment) of the Geneva Conventions;
Count 50: a CRIME AGAINST HUMANITY recognised by Articles
5(i) and 7(3) (inhumane acts) of the Tribunal Statute.
regarding the sexual assault described in paragraph 31:
Count 51: a GRAVE BREACH recognised by Articles 2(b)
and 7(3) (inhuman treatment) of the Tribunal Statute;
Count 52: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
recognised by Articles 3 and 7(3) of the Tribunal Statute and by Article (3)(1)(c)
(humiliating and degrading treatment) of the Geneva Conventions;
Count 53: a CRIME AGAINST HUMANITY recognised
by Articles 5(g) and 7(3) (rape and other forms of sexual assault) of the Tribunal
Statute.
regarding the torture of Omer Nalic described in paragraph 32:
Count 54: a GRAVE BREACH recognised by Articles 2(b)
and 7(3) (torture) of the Tribunal Statute;
Count 55: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised
by Articles 3 and 7(3) of the Tribunal Statute and by Article (3)(1)(a) (torture)
of the Geneva Conventions;
Count 56: a CRIME AGAINST HUMANITY recognised by Articles 5(f) and 7(3) (torture) of the Tribunal Statute.
__________________________________
Richard J. Goldstone
Prosecutor