THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Case No.: IT- 97- 25/1-PT

THE PROSECUTOR OF THE TRIBUNAL

AGAINST

MITAR RASEVIC

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:

MITAR RASEVIC

with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as set forth below:

THE ACCUSED

  1. MITAR RASEVIC, son of Dordje, was born on 15 November 1949, in the village of Cagust in the municipality of Foca. He was a teacher of sociology and resided in Foca. Before, during and after the war, MITAR RASEVIC was the commander of the guards at the Foca Kazneno-Popravni Dom (KP Dom).
  2. INDIVIDUAL CRIMINAL RESPONSIBILITY

    Article 7(1) of the Statute of the Tribunal

  3. MITAR RASEVIC is individually criminally responsible for the crimes referred to in Articles 3 and 5 of the Statute of the Tribunal and described in this indictment. The Accused planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of any acts or omissions set forth below. By using the word "committed" in this indictment, the Prosecutor does not intend to suggest that the Accused physically committed all of the crimes charged personally. Physical commitment is pleaded only in relation to the charges of persecutions (Count 1) by prolonged and routine imprisonment and confinement (paragraph 17 (a)), establishment and perpetuation of inhumane conditions (paragraph 17 (b)), prolonged and frequent forced labour (paragraph 17 (e)) and deportation and forcible transfer (paragraph 17 (f); imprisonment (Count 8), inhumane acts (Count 9), cruel treatment (Count 10); enslavement (Count 11), and slavery (Count 12). "Committing" in this indictment includes the Accused’s participation in a joint criminal enterprise as a co-perpetrator or alternatively as an aider or abettor.
  4. MITAR RASEVIC participated in a joint criminal enterprise that came into existence no later than April 1992 and continued until at least October 1994. The purpose of the joint criminal enterprise was to imprison Muslim and other non-Serb civilians from Foca and the surrounding areas in inhumane conditions and subject them to beatings, torture, enslavement, deportations and forcible transfers. The methods and conduct of the joint criminal enterprise developed during the course of its existence. The enslavement of detainees described in paragraph 49 of the indictment started only in May 1992. The systematic killing of detainees described in paragraph 41 of the indictment took place only in the time period from June to August 1992.
  5. The crimes enumerated in Counts 1 to 5 and 8 to 12 of this indictment were within the object of the joint criminal enterprise and MITAR RASEVIC shared the intent either to perpetrate the particular crimes or to further a common concerted system of ill-treatment. Counts 6 and 7 were the natural and foreseeable consequence of the execution of the object of the joint criminal enterprise and the Accused was aware that such crimes were the possible outcome of the execution of the joint criminal enterprise.
  6. Alternatively, the crimes enumerated in Counts 8 to 10 of this indictment were within the object of the joint criminal enterprise and MITAR RASEVIC shared the intent either to perpetrate the particular crimes or to further a common concerted system of ill-treatment. Counts 1 to 7 and 11 to 12 were the natural and foreseeable consequences of the execution of the object of the joint criminal enterprise and the Accused was aware that such crimes were the possible outcome of the execution of the joint criminal enterprise.
  7. A number of individuals participated in this joint criminal enterprise at different times during its existence. Each participant or co-perpetrator within the joint criminal enterprise played his role or roles that significantly contributed to the overall objective of the enterprise. Individuals participating in this joint criminal enterprise included Milorad Krnojelac, Savo Todovic and other known and unknown members of the prison staff, the Yugoslav People’s Army ("JNA"), the Serb Territorial Defence ("TO"), the Republika Srpska ("RS") armed forces ("VRS"), the RS police forces, and Serb paramilitary formations.
  8. MITAR RASEVIC, acting individually or in concert with other members of the joint criminal enterprise, participated in the joint criminal enterprise in the following ways:
    1. As commander of the KP Dom guards, MITAR RASEVIC’s primary duty was to supervise at least 37 prison guards. He exercised effective control over the KP Dom guards including preparing the guard duty schedule and work assignments.
    2. As part of the senior management of the KP Dom prison and in his capacity as the guards’ commander, he was instrumental in establishing and maintaining the living conditions in the detention facility as specified in paragraphs 46 and 47 in the indictment. He communicated with external military and political authorities, especially with regard to prisoner exchanges.
    3. He was in charge of the solitary confinement cells and had the power to release detainees from isolation but, with few exceptions, did not do so.
    4. He participated in establishing a pattern of widespread mistreatment during the day-time, including torture and beatings, whereby guards under his command selected detainees from their cells and took them to interrogation rooms in which they were subjected to severe mistreatment while being interrogated.
    5. He participated in establishing a pattern of widespread mistreatment during the evening whereby guards under his command selected detainees from their cells and took them to special rooms in the administration building in which they were subjected to assaults including beatings, torture and killings by prison guards and by both military and police staff from outside the prison.
    6. He participated in establishing and maintaining a system in which guards beat the detainees even for minor violations of the prison rules and collective punishment was meted out for actions of individual detainees.
    7. He encouraged and gave legitimacy to the mistreatment of detainees by failing to prevent beatings and other inhumane acts that occurred in his presence.
    8. He contributed to a climate of fear at the KP Dom by threatening prisoners with serious bodily harm if they attempted to escape.
    9. He participated in the establishment of a system of forced labour by either personally selecting detainees for work and monitoring their assignments inside and outside the KP Dom or assigning guards to such tasking. To facilitate forced labour outside the KP Dom, he co-operated with military personnel, including the hand-over of detainees to them.
    10. He participated in the forcible transfer and deportation of detainees from the prison in so-called exchanges by selecting detainees from the KP Dom for transfer to locations outside of the Foca municipality, such as Montenegro and Serbia. He was involved in the disappearance of detainees whereby supposed prisoner exchanges were arranged, but after which these detainees were never seen alive again.

  9. MITAR RASEVIC knowingly and wilfully participated in the joint criminal enterprise as stated above. He shared the intent and state of mind required for the commission of each of the crimes charged in Counts 1 to 5 and 8 to 12 of the indictment (Category I JCE), or was aware of the existence of a concerted system of ill-treatment within the KP Dom prison and knowingly and wilfully furthered this system by his conduct (Category II JCE in relation to the Counts 1 to 5 and 8 to 12), and in relation to Counts 6 and 7 was aware of the foreseeable consequences of his actions and the actions of the other participants (Category III JCE). Alternatively, he shared the intend and state of mind required for the crimes charged in Counts 8 to 10 (Category I JCE), or was aware of a concerted system of ill-treatment within the KP Dom prison and knowingly furthered this system by his conduct (Category II JCE in relation to the Counts 8 to 10), and in relation to Counts 1 to 7 and 11to 12 was aware of the foreseeable consequences of his actions and the actions of the other participants (Category III JCE). On this basis, the Accused bears individual criminal responsibility for these crimes under Article 7(1) of the Statute of the Tribunal in addition to his responsibility under that same Article for having planned, instigated, ordered, physically committed or otherwise aided and abetted in the planning, preparation and execution of these crimes.
  10. Article 7(3) of the Statute of the Tribunal

  11. MITAR RASEVIC, while holding the position of commander of the prison guards is also, or alternatively, criminally responsible as a superior for the acts of his subordinates pursuant to Article 7(3) of the Statute of the Tribunal. A superior is responsible for the criminal acts of his subordinates if he knew or had reason to know that his subordinates were about to commit such acts or had done so and the superior failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators.
  12. THE CHARGES

    COUNT 1
    (Persecutions)

  13. From April 1992 until October 1994, MITAR RASEVIC, acting individually or in concert with other known and unknown members of the joint criminal enterprise, as specified in paragraph 6 of the indictment, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the persecution of the Muslim and other non-Serb male detainees at the KP Dom facility. The particulars of the persecutions are provided in the paragraphs below.
  14. Foca city and municipality are located in Bosnia and Herzegovina, southeast of Sarajevo, near the border of Serbia and Montenegro. According to the 1991 census, the population of Foca, which consisted of 40,513 persons, was 51.6 % Muslim, 45.3% Serbian and 3.1 % others.
  15. On 7 April 1992, Serb military forces, comprised of JNA, local Serb TO units and Serb paramilitary soldiers from Bosnia and Herzegovina and elsewhere started the take-over of Foca town, which was completed on 16 or 17 April 1992. Surrounding villages remained under siege until mid-July 1992.
  16. As soon as the Serb forces controlled parts of Foca town, military police, accompanied by local and non-local soldiers, started arresting Muslim and other non-Serb inhabitants. Until mid-July 1992, the Serb authorities continued to round up and arrest Muslim villagers throughout the municipality. The Serb authorities separated the men from the women and unlawfully confined thousands of Muslims and other non-Serbs.
  17. Beginning on or around 14 April 1992, Serb civilian and military authorities began to use the KP Dom prison as the main detention facility for Muslims and other non-Serbs. The prison complex was surrounded by a wall of 3 metres height, with barbed wire on top, and watch towers with machine guns. The inner periphery was mined. Soldiers and prison guards watched the detainees from the towers and regularly patrolled the complex. The detainees were housed in a four-story building which consisted of common prison cells and solitary confinement cells, 3 x 3 metres in size.
  18. The detainees were mostly Muslim males. Among the detainees were intellectuals, doctors, journalists, SDA (Party of Democratic Action) members, and a few Serbs who had tried to avoid military service. Serb detainees were separated from the non-Serb detainees and kept under considerably better conditions than the non-Serb detainees. Because of continuing arrests, the prison was overcrowded during the first few months, with the number of detainees reaching a peak of more than 760. During the remainder of 1992, the camp population averaged about 600 detainees. The majority of detainees were exchanged, released or disappeared during 1992 and 1993. The KP Dom functioned as a detention facility until 5 October 1994.
  19. Most, if not all, detainees were civilians who had not been charged with any crime. The detainees were primarily Muslim men from 16 to 80 years of age, including mentally handicapped, physically disabled and seriously ill persons.
  20. The persecutions in which MITAR RASEVIC participated were based on political, racial or religious grounds and included the following:
    1. the prolonged and routine imprisonment and confinement within the KP Dom facility of Muslim and other non-Serb male civilian inhabitants of Foca municipality and its environs;
    2. the establishment and perpetuation of inhumane conditions against Muslim and other non-Serb male civilian detainees within the KP Dom detention facility as specified in paragraphs 46 and 47 of the indictment;
    3. the repeated torture and beatings of Muslim and other non-Serb male detainees at KP Dom as specified in paragraphs 20 to 37 of the indictment;
    4. the numerous killings of Muslim and other non-Serb male civilian detainees at KP Dom as specified in paragraphs 41 to 43 of the indictment;
    5. the prolonged and frequent forced labour of Muslim and other non-Serb male civilian detainees at KP Dom as specified in paragraphs 50 to 54 of the indictment; and
    6. the deportation and forcible transfer of Muslim and other non-Serb civilians detained in the KP Dom detention facility to Montenegro and other known and unknown places.

    (i) Beginning no later than July 1993 and continuing until October 1994, several groups of detainees were transported to other detention facilities in Kalinovik, Rudo and Kula. By the end of September 1994, over 85 detainees had been taken to these detention centres. At least 187 detainees were transferred in October 1994, after which no detainees remained at the KP Dom. On 4 October 1994, MITAR RASEVIC personally transported 61 detainees to the Kula detention facility.

    (ii) In late August 1992, 35 elderly or ill detainees were deported by bus from KP Dom to Rozaj in Montenegro. On that same day, about 20 Muslim detainees, previously selected with the 35 detainees to be deported to Montenegro, were taken for an alleged exchange in Gorazde. These detainees have never been seen alive again.

    (iii) On or about 17 September 1992, between 35 and 60 detainees were taken out of the prison for the alleged purpose of picking plums. They did not return.

    (iv) From June 1992 until March 1993, at least 200 Muslims and other non-Serbs detained in the KP Dom were deported and transferred in so-called exchanges to unknown places. These detainees have never been seen alive again. The majority of these disappearances occurred from August 1992 to October 1992.

  21. By these acts and omissions, MITAR RASEVIC committed:
  22. Count 1: Persecutions on political, racial and religious grounds, a CRIME AGAINST HUMANITY, punishable under Article 5(h), Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    COUNTS 2 to 5
    (Torture and Beatings)

  23. From April 1992 until October 1994, MITAR RASEVIC, acting individually or in concert with other known and unknown members of the joint criminal enterprise as specified in paragraph 6 of the indictment planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of torture and beatings against Muslim and other non-Serb male detainees at the KP Dom facility. The particulars of the beatings and torture are provided in the paragraphs below.
  24. Beatings Associated with the Canteen

  25. On an unknown date in June 1992, the detainee E. G., who was disabled in one arm and leg, and also suffered from epilepsy, complained about the small food rations. As a result, he was beaten and kicked by three unidentified guards.
  26. On an unknown date at the end of October or beginning of November 1992, in the presence of unidentified guards, unidentified soldiers from Nevisenje assaulted detainees FWS-214 and FWS-113 when they left the canteen.
  27. Arbitrary Beatings

  28. During their confinement, the detainees were subjected to sudden arbitrary beatings by guards or soldiers from outside KP Dom for unknown reasons. These beatings usually occurred during the evenings and nights when local military and paramilitary staff came to the prison. The prison guards led the soldiers to the various cells to select detainees for beatings. These beatings are described in paragraphs 23 and 24 and attached Schedule A.
  29. On 10 June 1992, the detainee Z. B. was beaten severely by a KP Dom guard. After the beating, the detainee was locked in a solitary confinement cell for about one month in inhumane conditions. Due to the beating and the mistreatment, Z. B. became deaf.
  30. On 11 July 1992, two guards called out the detainee FWS-71 from his cell, took him to the solitary confinement cells in the detainees’ building and beat him with various objects for about 20 minutes until he fainted. When he regained consciousness in his cell, he had bruises all over his body.
  31. Torture and Beatings as Punishment

  32. The detainee FWS-54 was in charge of distributing food to the detainees. While giving him this task, Savo Todovic warned him not to give any extra food to detainees. On 8 August 1992, FWS-54 gave an extra slice of bread to a detainee. As punishment, the witness was kicked and beaten with a truncheon by a guard and locked in solitary confinement. MITAR RASEVIC released FWS-54 after four days.
  33. On an unknown date during the summer of 1992, detainees A. M., F. M. and S., who passed messages to one another, were beaten by the guard Dragomir Obrenovic (a.k.a "Dragan" or "Obren") as punishment.
  34. On an unknown date in April or May 1993, at approximately 6:00 in the morning, guards Dragomir Obrenovic and Zoran Matovic called out detainees FWS-71, FWS-76, and I.I. and D.C. from their rooms and led them to the solitary confinement cells in the prisoners’ quarters. In the corridor, these guards beat the detainees as punishment for stealing bread from the canteen the previous day.
  35. On 8 July 1993, E. Z., a Muslim detainee, attempted to escape from the KP Dom, but was re-captured that same day. Upon being returned to the KP Dom, he was severely beaten by a prison guard. He was confined in an isolation cell for 28 days during which time he was mistreated and beaten by Savo Todovic, the deputy warden, and other guards.
  36. On 8 July 1993, FWS-73, FWS-110, FWS-144, FWS-210 and approximately 10 other detainees, all work companions of E. Z. and the detainee in charge of E. Z.’s room, were taken to the administration building and severely beaten by about 10 members of the prison staff. FWS-73 was beaten and kicked in his lower abdominal region for approximately five minutes. FWS-110 was kicked so severely that he lost consciousness. As further punishment, FWS-73, FWS-110, FWS-144, FWS-210, and other unidentified detainees were locked in solitary confinement for various time periods lasting up to 15 days.
  37. Torture and Beatings During Interrogations

  38. Local and military police, in concert with the prison authorities, interrogated the detainees after their arrival at the KP Dom. The interrogations focused on whether the detainee was an SDA member, possessed weapons, or had fought against the Serb forces. During or after the interrogations, the guards and police officials often beat the detainees.
  39. On 24 May 1992, military police arrested FWS-03 and H.D., both members of the SDA, and their neighbour, H. S., and took them all to KP Dom. On the same day, 5 or 6 military policemen interrogated them at KP Dom. The policemen beat all three of them during the interrogation to force them to give a confession. The beatings were so severe that H. S. fainted twice.
  40. From April until July 1992, MITAR RASEVIC with other high-level prison staff at the KP Dom established a daily routine for these beatings. They prepared lists of detainees to be beaten especially during night-time interrogations. The selected detainees were mostly prominent inhabitants of Foca who were suspected of not having told the truth during the daytime interrogations.
  41. On most evenings during this time, guards called out the names of detainees from the lists, took them out of their rooms to the administration building for additional interrogations and beatings.
  42. The guards and soldiers assaulted the detainees with all sorts of weapons, including batons, rifle butts, knives and tools. Some of the detainees returned to their rooms severely injured. Certain detainees were selected for beatings several times. A substantial number of the selected detainees never returned from the beatings and are still missing. These incidents are further described in paragraphs 35 to 37 and attached Schedule B.
  43. In June or July 1992, KP Dom guards seriously tortured Zulfo Veiz, a former policeman, and Nurko Nisic, a former officer from the municipality administration and an SDA member, on at least two occasions. In addition, KP Dom guards severely beat Salem Bico, a former policemen. The three detainees were returned to their cells bruised, bloody and seriously injured.
  44. In June 1992, KP Dom guards tortured and beat detainee S. M., having mistaken him for another detainee whose name appeared on the list of detainees who had been selected for interrogation and torture. The perpetrators beat and cut S. M. with a knife. They threatened to take out his eye. While he was being beaten, MITAR RASEVIC appeared, discovered the mistake, and ordered the guards to stop beating S. M. The victim was returned to his cell, seriously injured and covered in blood.
  45. Between May and July 1992, on at least two occasions, the KP Dom guards and military policemen tortured and beat detainee A. S.. As a result of the torture, A. S. suffered three broken ribs. In addition, KP Dom guards and military policemen severely beat the detainees Vahida Dzemal, a former policeman, Enes Uzunovic, an SDA member, and E. C. Due to the severity of the beatings, Vahida Dzemal’s jaw was broken and he lost several teeth. Three fingers of E. C.’s hand were broken and his body was bruised. After the beatings the victims were kept in solitary confinement for several days and then returned to their cells severely injured. Enes Uzunovic and Vahida Dzemal later were killed as described in paragraphs 41 to 43.
  46. By the acts or omissions described in paragraphs 25 to 37, MITAR RASEVIC committed:
  47. Count 2: Torture, a CRIME AGAINST HUMANITY, punishable under Article 5 (f), Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    Count 3: Torture, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Article 3, Article 7(1) and Article 7(3) of the Statute of the Tribunal.

  48. By the acts or omissions described in paragraphs 20 to 37, MITAR RASEVIC committed:
  49. Count 4: Inhumane Acts, a CRIME AGAINST HUMANITY, punishable under Article 5(i), Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    Count 5: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Article 3, Article 7(1) and Article 7 (3) of the Statute of the Tribunal.

    COUNTS 6 and 7
    (Wilful Killings and Murder)

  50. From April 1992 until October 1994, MITAR RASEVIC, acting individually or in concert with other known and unknown members of the joint criminal enterprise, as specified in paragraph 6 of the indictment, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of wilful killings and murder of Muslim and other non-Serb male detainees at the KP Dom facility. The particulars of the wilful killings and murder are provided in the paragraphs below.
  51. Between June and August 1992, KP Dom guards selected groups of detainees according to lists provided by the prison authorities including MITAR RASEVIC, and took the detainees, one by one, into a room in the administration building. In this room, the guards and soldiers, including members of the military police, would often chain a detainee, with his arms and legs spread, before beating him. The guards and soldiers, including members of the military police, kicked and beat each detainee with rubber batons, axe-handles and fists. During the beatings, the guards and soldiers, including members of the military police, asked the detainees where they had hidden their weapons or about their knowledge of other persons.
  52. After some of the beatings, the guards threw the detainees on blankets, wrapped them up and dragged them out of the administration building.
  53. An unknown number of the tortured and beaten detainees died during these incidents. Some of those still alive after the beatings were shot or died from their injuries in the solitary confinement cells. The beatings and torture resulted in the deaths of the detainees listed in attached Schedule C, as well as the deaths of an unknown number of other unidentified detainees.
  54. By these acts or omissions, MITAR RASEVIC committed:
  55. Count 6: Murder, a CRIME AGAINST HUMANITY, punishable under Article 5 (a), Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    Count 7: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, recognised by Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Article 3, Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    COUNTS 8 to 10
    (Imprisonment, Inhumane Acts and Cruel Treatment)

  56. From April 1992 until October 1994, MITAR RASEVIC, acting individually or in concert with other known and unknown members of the joint criminal enterprise as specified in paragraph 6 of the indictment, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of imprisonment of Muslim and other non-Serb male detainees under inhumane conditions at the KP Dom facility. The particulars of the imprisonment, inhumane acts and cruel treatment are provided in the paragraphs below.
  57. The conditions in the KP Dom were brutal. During their confinement, the detainees were locked in their cells at all times except when they were lined up and taken to the canteen to eat or to work duties. After April 1992, the cells were overcrowded, with insufficient facilities for bedding and personal hygiene. The detainees were fed starvation rations. They had no change of clothes. During the winter, they had no heating. They received no proper medical care. As a result of the living conditions in the KP Dom, the health of many detainees seriously deteriorated. Due to the lack of proper medical treatment, a 40-year old detainee, Enes Hadzic, died in April or May 1992 from a perforated ulcer. Additional incidents are described in the attached Schedule D.
  58. The sounds of torture, beatings and killings, as specified in paragraphs 20 to 43 of this indictment, were audible to the detainees. The solitary confinement cells were used as a source of terror and threats. As a result, the detainees lived in constant fear that they would be the next victims. Due to this psychological pressure, some of the detainees became suicidal, while others simply became indifferent as to what would happen to them. Most, if not all of the detainees, suffered from depression and still bear the physical and psychological wounds resulting from their confinement at KP Dom. These incidents are described in the attached Schedule D.
  59. By these acts and omissions MITAR RASEVIC committed:
  60. Count 8: Imprisonment, a CRIME AGAINST HUMANITY, punishable under Article 5 (e), Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    Count 9: Inhumane Acts, a CRIME AGAINST HUMANITY, punishable under Article 5(i), Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    Count 10: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Article 3, Article 7(1) and Article 7(3) of the Statute of the Tribunal.

    COUNTS 11 to 12
    (Enslavement)

  61. From May 1992 until October 1994, MITAR RASEVIC, acting individually or in concert with other known and unknown members of the joint criminal enterprise as specified in paragraph 6 of the indictment, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of enslavement of Muslim and other non-Serb male detainees at the KP Dom facility. The particulars of the enslavement are provided in the paragraphs below.
  62. From May 1992 until October 1994, approximately 20 to 45 detainees with special skills were subjected to forced labour within and outside of the prison. High-level prison staff at the KP Dom, including MITAR RASEVIC, assigned detainees to perform particular work. The names of detainees subjected to forced labour are provided in attached Schedule E.
  63. The guards called out selected detainees from their cells and either took them to their place of work or handed them over to authorities outside the prison hierarchy to perform various work. The detainees were usually forced to work on a daily basis from 7 a.m. to at least 3 or 4 p.m. The detainees were not paid for their work nor was it voluntary. Even ill or injured detainees were forced to work. During their work, the detainees were under armed supervision either by the regular prison guards or by Serb soldiers.
  64. Within the prison, the detainees had to work in the furniture factory and the metal and mechanical workshop. In the workshop, the detainees had to repair army vehicles. The labour performed by the detainees was challenging and physically exhausting.
  65. Outside the prison, the detainees were forced to perform farming jobs at the prison outpost Brioni, to work in mills and the Miljevina mine, and to clean up rubble of damaged buildings at various places in Foca. MITAR RASEVIC was present while detainees were performing forced labour at the farm. During the winter of 1992 to 1993, detainees were forced to repair the private house of Milorad Krnojelac, the warden of the KP Dom, to install a bar in the house of one of his sons, and to furnish a store for one of his sons.
  66. On 18 September 1992, detainees FWS-109 and G. K. were called out by a KP Dom guard for a supposed prisoner exchange. Instead, Savo Todovic handed the two detainees over to military authorities from outside the prison who took them to the Kalimovik police station to be used as drivers for the detection of land mines. Between September 1992 and March 1993, on at least 5 occasions, they had to drive ahead of Serb convoys to detect land mines. The detainees worked under severe pressure with the danger that every day at work would be their last.
  67. By these acts or omissions, MITAR RASEVIC committed:
  68. Count 11: Enslavement, a CRIME AGAINST HUMANITY, punishable under Article 5 (c), Article 7(1) and Article 7 (3) of the Statute of the Tribunal.

    Count 12: Slavery, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised under the Slavery Convention and International Customary Law, punishable under Article 3, Article 7(1) and Article 7 (3) of the Statute of the Tribunal.

    GENERAL LEGAL ALLEGATIONS

  69. At all times relevant to this indictment, a state of armed conflict existed in the Republic of Bosnia-Herzegovina in the territory of the former Yugoslavia.
  70. At all times relevant to this indictment, MITAR RASEVIC was required to abide by the laws or customs governing the conduct of war.
  71. In each count charging crimes against humanity, the acts or omissions were part of a widespread or systematic attack against a civilian population, specifically the Muslim and Croat population of the municipality of Foca.

 

_________________
Carla Del Ponte
Prosecutor

Dated this 12th day of May 2004
At The Hague, The Netherlands