Committee
for Gathering Data on Crimes Committed
Against
Humanity and International Law
December 1997
GENOCIDE AGAINST SERBS
IN THE REGION OF BOSNIAN POSAVINA
(BRCKO, ORASJE, ODZAK AND BOSANSKI
BROD)
1992 and 1993
C O N T E N T S
1. INTRODUCTION
..........................................
2. WILLFUL KILLING OF CIVILIAN
POPULATION AND
CAPTURED PERSONS - MEMBERS OF THE
SERBIAN PEOPLE.......
2.1. BRCKO...........................................
2.1.1. Bosanska Bijela..........................
2.1.2. Bukovac..................................
2.1.3. Bukvik, Vujicici, Gajeva and Lukavac.....
2.1.4. Vucilovac................................
2.1.5. Cerik....................................
2.1.6. KILLING OF SERBS - PRISONERS OF WAR......
2.2. ORASJE..........................................
2.3. ODZAK...........................................
2.5. BROD (BOSANSKI
BROD)............................
3. DEPORTATION OF CIVILIAN POPULATION
OF SERBIAN NATIONALITY AND CAPTURED SERBS TO THE PRISON CAMPS AND INHUMAN
TREATMENT, TORTURE AND KILLINGS........................
3.1. INTRODUCTION....................................
3.2. Manners of Torture, Harassment and
Humiliation
of Inmates of
Serbian Nationality in the
Prison Camps in the Area of
Bosnian Posavina....
3.2.1. Methods of Torture - Body Injury of
Inmates..................................
3.2.2. Methods of Torture - Rape and Sodomy.....
3.2.3. Methods of Torture - Humiliation,
Harassmentand Intimidation
3.3. PRISON CAMPS IN THE AREA OF THE
3.3.1. Prison Camp in Rahic.....................
3.3.2. Prison Camp in the
3.3.3. Prison Camp in Zovik.....................
3.3.4. Prison Camp in Maoca.....................
3.3.5. Prison Camp in the
3.4. PRISON CAMPS IN ORASJE - DONJA
MAHALA...........
3.4.1. Torture - Body Injury Inflicted on
Inmates
and Living
Conditions in the Prison Camp.
3.4.2. Rape of the Women of Serbian
Nationality..
3.4.3. Serb Inmates Killed or Dead from Injuries
Suffered in the
Prison Camps of the
Area of Orasje.................................
3.4.4. Killed and Wounded Serb Inmates During
Digging of Trenches
in the Area of
Orasje....................................
3.5. PRISON CAMPS IN
ODZAK............................
3.5.1. Torture - Body Injury of
Inmates..........
3.5.2. Living Conditions in the Prison Camps in
Odzak:
Accommodation, Food and Hygiene....
3.5.3. Humiliation, Harassment and
Intimidation..
3.5.4. Killing of Serbian Inmates in the Prison
Camps in Odzak...................
3.6. PRISON CAMPS IN BROD (Bosanski
Brod).............
3.6.1. Torture - Body Injury of
Inmates..........
3.6.2. Humiliation, Harassment and Intimidation
of Serbian Inmates...............
3.6.3. Killing of Serb
Inmates...................
3.6.4. Rape of Women, Serbian Inmates in the
Prison Camps in Brod............
3.6.5. Serb Inmates of the Prison Camp in Brod
Taken for Digging of Trenches
at Front Battle
lines During Combat Actions........
3.6.6. Serbs Imprisoned in the Prison Camps in
Brod - Wounded
During Digging of
Trenches..
4. ETHNIC
CLEANSING........................................
4.1. INTRODUCTION.....................................
4.2. BRCKO............................................
4.3. ORASJE...........................................
4.4. ODZAK............................................
4.4.1.
Introduction..............................
4.5. BROD (Bosanski
Brod).............................
ANNEX........................................
1. INTRODUCTION
What was
particularly striking in 1992 and 1993 in the territory of the Republic of
Bosnia and Herzegovina, apart from war operations and horrors, was genocidal
activity of Croat and Muslim military and civilian authorities against the Serb
population (civilians - non-combatants, wounded and sick persons, and prisoners
of war). The present material, containing the data on genocide committed
against Serbs in the territory of Bosanska Posavina (Brčko, Orašje, Odžak
and Bosanski Brod) in 1992 and 1993, testifies to genocidal actions which
acquired mass proportions.
Voluminous
documentation based on personal and material sources of evidence indicates that
persons of Serb nationality, only because they belonged to the Serb national
group and the Orthodox faith, were in a long period of time subjected to massive,
systematic war crimes against civilian population, war crimes against wounded
and sick persons, and war crimes against prisoners of war.
It is true that the
document covers the suffering of the Serb people only in 1992 and 1993 (before
the war in the territory of the Republic of Bosnia and Herzegovina blazed up),
in a relatively small part of the territory of Bosanska Posavina, comprising
three municipalities: Brčko, Orašje, Odžak and Bosanski Brod.
Nevertheless, it is undeniably idicative of the upsurge, scope, pace and
intensity of atrocities, torture and unhuman, cruel treatment to which Serbs
were subjected in this territory.
The entire action in
the mentioned territory was carried out under the influence, instruction and
supervision, or by order or with the knowledge of the official authorities of
the Republic of Bosnia and Herzegovina, but also the Republic of Croatia (as
shown by the witness statement on the visit of the minister of foreign affairs
of the Republic of Croatia Zvonimir Šeparović to the detention camp for
Serbs in Donja Mahala near Orašje in 1992).
A large number of
examples is given of the suffering of Serbs, with accurate identification (in
all possible cases) of the perpetrators and accomplices, and the victims, which
was possible considering that in most cases the perpetrators of inhuman, brutal
crimes, were co-villagers of Muslim and Croat nationality or former residents
of this region, who had previously lived and worked together with persons of
Serb nationality. Nevertheless, it would be pretentious to say that all of the
crimes and their perpetrators have been listed. Numerous attrocities and
criminals have remained undisclosed or valid evidence is still missing.
Considering the number of identified Serb victims and those who have
disappeared under as yet unclarified circumstances, it is, unfortunately,
certain that a large number of crimes, criminals and their victims have not
been included in this report.
All crimes of
genocide covered by this document have been substantiated by evidence and can
be systematized into:
1. Willful killing of civilian
population and prisoners of war, of Serb nationality, by its legal description,
belongs to crimes of genocide and crimes against civilian population, wounded
and sick persons and prisoners of war.
In the territory of
Bosanska Posavina in 1992 and 1993, such crimes were committed:
2. Detention of civilian population
and prisoners of war, of Serb nationality, in camps established especially for
the Serbs, where they were subjected to inhuman, cruel treatment, abuse,
maltreatment, humiliation, infliction of serious bodily and mental injuries,
and finally killed in various ways and by various means.
Under the control
of Muslim and Croat forces, a large number of detention camps was formed in
Bosanska Posavina, intended for placement of civilians and prisoners of war, of
Serb nationality. As many as 35 detention camps were formed in Posavina, only
for the Serbs: eight in Bosanski Brod, nineteen in Brčko, one in Šamac,
four in Orašje and three in Odžak.
Conclusion can be
drawn that the entire Bosanska Posavina was turned into a system of detention
camps. Such camps for Serbs were formed in unsuitable rooms that had been
previously used for various purposes such as: storages, warehouses, secondary
school centers, kayak clubs, football stadiums, industrial plants, local
community centers, garages, elementary schools, sheds. The exact number of the
Serbs who underwent this system of camp torture and extermination in Posavina
during the war has not yet been established, but assumption can be made that it
is large. This is also shown by the document "The List of Detainees in the
School-Prison" in Odžak made by the Croatian Defense Council (HVO),
showing that 618 Serbs passed through this one camp in the observed period.
The Serbs,
civilians and prisoners of war, were captured massively and systematically, in
continuity and in a long period of time, taken to detention camps and kept in
unbearable living conditions. Not even the elementary requirements were met.
The prisoners slept on the concrete or other floor, were given inadequate or
irregular food, of poor quality, which mostly consisted of a slice of bread, a
cup of tea, soup or broth, with insufficient drinking water. The prisoners were
subjected to day- to-day merciless beating by different kinds of weapons and
instruments, different ways and methods of torture, whereby they were brutally
injured, tortured and humiliated, and sustained bodily and mental injuries and
torment, which often ended in murder, turning detention camps into hell on the
Earth.
The above stated is
confirmed by the data on the suffering of the Serbs - civilians and prisoners
of war, in the camps of Rahići, Ulice, Zovik, Maoča, Boče (near
Brčko) and Donja Mahala (near Orašje). Considering the number of
prisoners, the camp capacities did not provide for the minimum conditions for
survival. According to the available data, each prisoners in the detention camp
in the Odžaci Elementary School was given only 0.5m2 of space. Muslim and Croat
soldiers, assisted by the camp management, designed a system of measures and
procedures to destroy and exterminate the Serb people by various forms of
torture, maltreatment, humuliation and abuse.
The methods for
torturing the imprisoned Serbs indicate that imagination in service of hatred
against another nation is inexhaustible. Killings, infliction of serious bodily
and mental injuries and traumas, beating up all over the body, torture and
abuse, were again carried out in a planned manner, like in World War II, and
again in pursuit of the Ustashi ideology.
Furthermore, the
prisoners were taken out to forced labor, to dig trenches, build fortifications,
fill bags with sand, and do other jobs on the front line at the very time of
war operations, as a result of which many of them were killed or wounded by
missiles sent by both sides.
3. Genocide was practically manifested
through all of the above mentioned forms of operation of the Croat and Muslim
forces against the Serb population in the territory of Bosanska Posavina.
Killings, bodily injuries, detention camps for Serbs - women, children, the
elderly, men, wounded and sick persons, and prisoners of war, were not an
objective by themselves. They were all aimed at full or partial extermination
of persons of Serb nationality (ethnicity) in this territory, to be carried out
once and for all, using all possible ways and means to meet the end.
2. WILLFUL KILLING OF
CIVILIAN POPULATION AND
DETAINED PERSONS - MEMBERS OF THE SERBIAN PEOPLE
2.1. B R C K O
In the region of the
Municipality of Brcko from June 11, 1992 to December 12, 1992 Croat-Muslim
armed units executed attacks on the Serbian civilian population, killing Serbs,
plundering their property, burning down their houses, churches, desecrating
their cemeteries, taking them to the prison camps and submitting them to
torture there.
In connection with
these crimes against Serbs in the villages of Bosanska Bijela, Bukovac, Bukvik,
Vujicici, Gajevi, Vucilovac and Cerik there is concrete evidence.
2.1.1. Bosanska Bijela
Several witnesses have testified about the
situation prevailing in the village of Bosanska Bijela prior of June 11, 1992
when the attack was executed on the Serbian population, the witnesses heard
before the investigating judge of the Municipal Court in Brcko.
Witness 617/95-5
testified as follows:
"...Before this war I was living with my
family in the village of Bijela, municipality of Brcko, which was inhabited
with the inhabitants of Serbian nationality. This village is surrounded by the
Serbian villages of Cerik, Bukvik, Spionica, Srnice and others. The villages
bordering on the said villages are populated with Muslim and Croat population.
Immediately prior to the commencement of war, in the first half of 1992,
inhabitants of the Muslim and Croat villages formed their own military units so
that the Muslims had the insignia of the green berets, and the Croats insignia
of the the HVO (Croat Defense Council). Directly following their formation
these units started sending threats to the population of Serbian nationality,
threatening that they will all be killed and expelled. They began placing
barricades and preventing the movement of the Serbian population, and in early
June of that same year from time to time they would erupt into some of the
villages...".
Witness 617/95-1
stated, inter alia, the following:
"...Immediately before the commencement
of war, in the first half of 1992, although we, the inhabitants of Serbian
nationality, had earlier good relations with our neighbors Croats, these
relations started to deteriorate. This was felt first when a neighbor, a Croat,
would be marrying his son or daughter, and they started avoiding to invite to
the festivities us Serbs. They would explain the fact of not inviting Serbs by
saying that their priest was instructing them not to invite Serbs either for
festivities or for funerals...".
On June 11, 1992 an attack was carried out on
the Serbian population, on which occasion the following Serbs were killed:
1) SEKULIC (of father Jakov) MILAN,
born in 1958 (witnesses: 617/95-1, 617/95-5, 6636/95-1,2 and 3).
2) SEKULIC (of father Lazar) MARA,
born in 1925 (witnesses: 617/95-1, 617/95-5, 636/95-1 and 2)
3) LUKIC (of father Stevo) DUSAN,
(witnesses: 617/95-1, 636/95-1,2 and 3)
4) JOVANKA, born in 1932
(witnesses: 617/95-5, 636/95-1 and 2)
5) LUKIC VESELIN, born in 1938
(witnesses: 617/95-5, 636/95-1,2 and 3)
PERPETRATORS of the said crime are the
following persons:
1) DJORDJIC ZVONIMIR,
"Djone" (witnesses: 617/95-1, 636/95-1 and 3);
2) LASTRIC MARJAN, commander of the
unit in the 108th Brigade (witnesses: 617/95-1, 636/95-1 and 2);
3) ANDJIC FILIP, "Irac"
(witnesses: 617/95-1, 636/95-1);
4) STJEPANOVIC IVO, "Peles"
(witnesses: 617/95-1, 617/95-5 and 636/95-1);
5) MENDES DRAGAN (witnesses: 617/95-1
and 636/95-1);
6) MENDES FRANJO (witness: 617/95-1);
7) CANCAREVIC GRGA, "Tahir"
(witnesses: 617/95-1 and 636/95-1);
8) DJORDJIC PETAR (witnesses: 617/95-1
and 636/95-1);
9) DJORDJIC ANDRIJA (witnesses:
617/95-1 and 636/95-1);
10) DJORDJIC IVO, "Supetalo"
(witnesses: 617/95-1 and 636/95-1);
11) FILIPOVIC STJEPAN, former employee of
the Public Safety Station in Brcko (witnesses: 636/95-1 and 2);
12) JURKOVIC IGNJACIJE, former employee
of the Public Safety Station in Brcko (witnesses: 636/95-1 and 2);
13) MENDES (of father Franjo) MATIJA
(witness: 636/95-2);
14) CANCAREVIC ANDRIJA (witness;
636/95-2);
15) CANDAREVIC (of father Andrija) FRANJO
(witness: 636/95-2);
16) GELJIC FRANJO, "Irac"
(witness: 636/95-2);
17) JURKOVIC (of father Savo) IVO
(witness: 636/95-3), and
18) LUKIC (of father Ivo) MATO (witness:
636/95-3).
During the said
attack the following persons were wounded:
1) MICIC ALEKSA (witness:
636/95-2);
2) LUKIC DOBRIVOJE (witness:
636/95-2), and
3) STEVIC MAKSO (witness:
636/95-2)
EVIDENCE: witnesses 617/95-1, 617/95-5, 636/95-1, 636/95-2 and
636/95-3.
The Municipal Public Prosecutor of Brcko
filed with the Municipal Court of Brcko the Indictment Kt.No. 69/93 of July 15,
1994 in connection with the stated crimes and for the criminal acts of the war
crime against civilian population from Article 142, para. 1 of the Penal Code
of the Republic of Srpska - General Part.
2.1.2. Bukovac
Croat-Muslim military units attacked Serbian
population in the village of Bukovac on September 11, 1992.
Several witnesses testified regarding this
situation - and the atmosphere which existed in the said village prior to
September 11, 1992 and also on the geographic location of the village of
Bukovac.
Thus, for example,
the witness 617/95-32, states as follows:
"...The village of Bukovac and another
six villages belonging to the local community of Bukvik were populated
exclusively with the Serbian population. Villages surrounding this area of the
local community of Bukvik on the one side were populated with the Muslim
population, and on the other side with the Croat population. Early in 1992 in
the Muslim and the Croat villages military units were formed which immediately
upon their formation started with sending threats to the inhabitants of the
Serbian villages claiming that they shall all be killed or expelled from that
area. So formed military units were placing barricades around Serbian villages
and in that way making impossible exit of Serbs from and entrance to these
villages. They were holding the Serbian villages under blockade for some six
months, in order to start the attack on September 11, 1992. First they raided
the village of Bukovac. Before erupting into the village, Croat and Muslim
units opened a strong fire and during the entrance started setting fire on
Serbian houses and killing Serbs who were in their homes. Serbian population
escaped to the woods and was hiding there from the Muslim army...".
During the attack on the village of Bukovac
on September 11 and 12, 1992 the following Serbs - civilians were killed:
1) VUJIC MITAR, born in 1945
(witnesses: 617/95-4, 638/95-);
2) PEJIC MARKO, born in 1931
(witnesses: 617/95-4 and 638/95-7);
3) PEJIC CVIJETA, born in 1938
(witnesses: 617/95-4 and 638/95-7);
4) MILOSEVIC (of father Bogoljub)
PETAR, born in 1958 (witnesses: 617/95-19 , 640/95-1 and 4);
5) TANASIC (of father Jovo) NOVAK,
born in 1957 (witnesses: 617/95-19, 640/95-1 and 4);
6) RADIC GOJKO, born in 1957
(witness: 617/95-32);
7) RADIC CVIJETIN, born in 1963
(witness: 617/95-32);
8) BAJIC RISTO, born in 1942
(witnesses: 617/95-34, 640/95-1, 2 and 3);
9) BAJIC ZIVAN, born in 1963
(witnesses: 617/95-34, 640/95-1,2 and 3);
10) BAJIC ILIJA, born in 1938
(witnesses: 634/95-3 and 5, 640/95-1 and 2);
11) PISTALOVIC NIKOLA, born in
1927 (witnesses: 640/95-1 and 2);
12) PEKIC JOVAN, born in 1954
(witnesses: 64/95-1 and 2) and
13) SUBOTIC STEVO, born in 1938
(witnesses: 640/95-1 and 2).
In this case testimony of the witness
617/95-32 is especially outstanding in connection with the killing of his sons
Radic Gojko and Radic Cvijetin and of the witness 617/95-34 in connection with
the killing of her husband Bajic Risto and her son Bajic Zivan.
Thus, the witness 617/95-32 before the
investigating judge of the Municipal Court of Brcko on July 26, 1995, inter alia,
states the following:
"...We were hiding in the woods, myself
and my now deceased sons, the older one Gojko born on March 15, 1957 in Bukovac
of father Janko and the younger one Cvijetin born on July 23, 1963. Gojko was
wounded in the left arm. We had spent the night in the woods, and on the next
day together with the rest of the population, while hiding, we went to Gornji
Bukvik. We have spent two days in that area... When the Croat or Muslim
soldiers found us in the woods in Bukvik, in my presence they called out from
the group my sons Gojko and Cvijetin, and shot the round of gun fire into them.
They took Cvijetin from me because I was holding him under the arm, and then
they shot him. I begged and pleaded with them not to do that, but nothing
helped. Their bodies remained in that forest and until now I do not know
whether someone buried them or not. ..,".
Witness 617/95-34 before the investigating
judge of the Municipal Court of Brcko on July 26, 1995, inter alia, stated the
following:
"...They killed my husband Risto Bajic
born on June 26, 1942 in Bukovac, of father Milos and mother Stana, maiden
Djuric, on the threshold of our new house. They also killed my son Zivan
Bajic born on November 13, 1963 in that same place, because they remained at
home...".
About the killing of Bajic Risto and Bajic
Zivan the witness 640/95-3 before the investigating judge of the Municipal
Court of Brcko on February 2, 1994 states the following:
"...They were taking me some place and
then I saw that we were passing by the house of Risto and Zivan Bajic. I saw
them both coming out of their house with hand in the air, without any weapons,
but one of the soldiers opened fire and killed them both...".
Witness 640/95-1 while testifying about the
attack of the Muslim-Croat forces on Bukovac on September 11, 1992 emphasizes
the following:
"...We were attacked by the Muslim-Croat
forces and I was then with another seven of my neighbors in the hamlet of
Vasiljevici. I remember that we were attacked by our, until that day,
neighbors from the village of Ulovici, because I personally recognized Dzinic
Blazo called "Bajica", Jurkovic Stjepan called "Pepa, Simic
Jozo, Radosevic Zdravko called "Kjesa", Dzinic Zdravko, Filipovic
Niko, Martinovic Luka, Miskovic Zvonko, Miskovic Mirko, Djukic Niko and Simic
Zarko. They executed the attack from the direction of the railway station
while the Muslims attacked us from the direction of Zinic brook...".
EVIDENCE: in connection with the attack on Bukovac, killing of
Serbian population and plunder and setting on fire of Serbian houses -
witnesses: 671/95-2, 617/95-3, 617/95-19, 617/95-32, 617/95-34, 634/95-3,
634/95-5, 617/95-4 and 638/95-7, 638/95-11, 640/95-1, 640/95-2, 640/95-3,
640/95-4.
In connection with the attacks on Serbian
population in Bukovac on September 11, 1992 and the crimes committed against
Serbian population, the Municipal Public Prosecutor of Brcko filed an
Indictment under number Kt. 68/93 of June 9, 1994 with the Municipal Court of
Brcko, against several persons for criminal acts of the war crime against
civilian population from Article 142, para. 1 applied from the Penal Code of
the Socialist Federal Republic of Yugoslavia.
2.1.3. Bukvik, Vujicici, Gajeva and Lukavac
On September 14, 1992, therefore, only three
days after the attack on the village of Bosanska Bijela, the armed Croat and
Muslim units executed the attack on the villages of Gornji and Donji Bukvik,
Vujicici, Gajeva and Lukavac. During that attack they killed a large number of
civilians of Serbian nationality. They were the villages in which Serbian
population was living, and in this case, as in the previous case of Bosanska
Bijela, and as they are to proceed later on in the other places, they were
plundering -taking away the property of Serbs, setting their houses on fire,
burning down the Serbian Orthodox churches, desecrating the cemeteries of
Serbs. One number of Serbs were taken to the prison camps in the village of
Rahic - communal house and the prison camp in the school, in Zovik - premises
of the storage of building material, and in Ulice - in the premises of the
primary school. In these prison camps Serbs were tortured, which shall be
discussed later in this report. The crimes committed in this area by the
members of the Muslim-Croat military units are confirmed by a large number of
eye-witnesses, Serbs, inhabitants of the said villages.
During the attack executed on September 14,
1992 the following persons of Serbian nationality were killed:
1) PEJIC BLAGOJE, born in 1912
(witness: 617/95-4);
2) TODOROVIC MARKO, born in
1932 (witnesses: 617/95-4, 14, 679/95-5, 33, 638/95-7).
3) LUKIC NEDELJKO, born in 1940
(witnesses: 617/95-4, 14, 679/95-5, 33, 638/95-2 and 638/95-7);
4) DJURIC VASO, born in 1940
(witnesses: 617/95-4, 14, 679/95-5, 638/95-2);
5) DJURIC SLADJAN, (witnesses:
617/95-4, 679/95-);
6) PEJIC (of father Tanasije) CVIJETIN,
born in 1957 (witness: 617/95-6);
7) RISTIC (of father Zarije) MIRKO,
born in 1957 (witness: 617/95-6, with the remark that the father of the killed
Ristic Mirko is testifying before court that his son Ristic Mirko and Pejic
Cvijetin were killed in Gornji Bukvik on September 11, 1992 when the raid on
the village was made and at the same time several houses were set on fire);
8) SEKULIC SPASOJE, born in
1955 (witnesses: 617/95-10, 11, 634/95-4, 6 and 8);
9) TANIC GAVRO, born in 1922
(witness: 617/95-14);
10) PURIC (of father Avram) VLAJKO,
(witnesses: 617/95-19, 25, 26, 679/95-9, 634/95-4, 638/95-12);
11) RADIC ZIVAN, born in 1966
(witnesses: 617/95-19, 25, 26, 679/95-9, 634/95-4, 638/95-12 and 640/95-1);
12) RADIC CVIJETIN, born in 1963
(witness: 617/95-19);
13) BRESTOVACKI MILKA, born in
1943 (witnesses: 617/95-22, 634/95-1, 4, 6 and 8, 538/95-2 and 12, 679/95-8);
14) BRESTOVACKI RADOJKA, born in
1933 (witnesses: 617/95-22, 4, 6 and 8, 638/95-2 and 12, and 679/95-8);
15) VESELINOVIC SAVO, born in 1939
(witnesses: 617/95-25, 26, 33, 634/95-12, 679/95-9);
16) VIDOVIC DJOKO, born in 1922
(witnesses: 634/95-8, 638/95-2, 679/95-8);
17) KAURINOVIC ILIJA, called
"Farkas", born in 1918 (witnesses: 634/95-4, 6 and 8);
18) JOVIC DANILO - Danko, born in
1960 (witnesses: 634/95-4, 6 and 8);
19) KAURINOVIC (of father Savo) TRIVO,
born in 1963 (witnesses: 634/95-4, 6, 8);
20) PASIC (of father Gavro) GLIGOR,
born in 1930 (witnesses: 634/95-4, 6, 638/95-2);
21) PASIC (of father Niko) CVIJETIN,
born in 1954 (witnesses: 634/95-4, 6, 8);
22) TANASKOVIC JOVAN, born in 1912
(witnesses: 634/95-4, 638/95-2);
23) TANASKOVIC SAVO, born in 1912
(witness: 634/95-4);
24) MARICIC (of father Savo) JANKO,
born in 1930 (witnesses: 634/95-4 and 6);
25) BAJIC RADOJKA, born in 1948
(witness: 634/95-4);
26) VESELINOVIC PERO, born in 1974
(witness: 634/95-4);
27) KEREZOVIC DJORDJE, born in
1932 (witnesses: 634/95-5, 638/95-2);
28) KEREZOVIC CVIJETA, born in
1932 (witnesses: 634/95-5, 638/95-2);
29) DJURIC MILO, born in 1914
(witnesses: 634/95-8, 638/95-2);
30) MIJATOVIC (of father Mitar) JOVAN,
born in 1953 (witnesses: 638/95-1, 638/95-2);
31) VUJIC VASO, born in 1924
(witness: 638/95-2);
32) PODIJEVIC STEVO, born in 1921
(witness: 638/95-2);
33) PEJIC ILIJA, born in 1974
(witness: 638/95-7), and
39) BLAGOJEVIC
MITAR, born in 1942 (witness: 638/95-7).
On the basis of the gathered evidence it is
established that in the above stated attacks and/or killing of persons of
Serbian nationality, the following persons took part and committed the crimes:
1) LUBINOVIC SEFKET (witnesses:
617/95-10 and 11, 634/95-8);
2) DJAKIC MENSUR (witnesses:
679/95-30, 634/95-8 and 9 - for whom it is stated that he was the leader of the
Muslim army unit which attacked Bukvik);
3) DZINIC BLAZA, "Bajica",
from Ulovici (witness; 634/95-8);
4) BOSANKIC PETAR, from Vitanovici
(witness: 634/95-8);
5) JAKIC LUKA, former policeman from
Brcko (witness: 634/95-8);
6) CARAPIC VJEKOSLAV, from Ulice
(witness: 634/95-8);
7) SARAJCIC NURIJA, from Brka
(witness: 634/95-8);
8) HADZIC (of father Huso) SINAN, from
Ulovici (witness: 634/95-8);
9) HADZIC (of father Mustafa) SADO,
from Ulovici (witness: 634/95-8);
10) KALIC NIJAZ (witness: 634/95-8);
11) SULJIC DAMIR, "Matija"
(witness: 634/95-8), and
12) HASANOVIC MELVUDIN (witness:
634/95-9).
The witness 634/95-8 before the investigating
judge of the Municipal Court of Brcko on December 12, 1993, inter alia, stated
the following:
"...I have personally on September 14
and 15, 1992 recognized persons who were burning down houses and killing
people, and they are...", then he stated the names of perpetrators of the
crimes, from number 1 to 11.
The witness 634/95-9 stated, inter alia,
before the investigating judge of the Municipal Court of Brcko in the minutes
of his testimony taken on January 20, 1994, the following:
"...The attack was under the command of
Mensur Djakic whom I have seen on that day. I have also seen Melvudin
Hasanovic. I was seeing them kill everything that could be killed... I saw them
when they killed a blind young man who was never leaving his home, I saw them
killing old men. None of the victims were members of the territorial defense.
After the killing, they would plunder and set houses on fire. We surrendered
the next day and, together with the others, I was taken to the prison camp of
Gornji Rahic...".
How ruthless were the attackers on the said
villages in committing their crimes is testified in an emotional way by the
witnesses 617/95-10 and 617/95-11, mother and sister of the victim Sekulic
Spasoje.
Thus, the witness 617/95-10 before the
investigating judge of the Municipal Court of Brcko on July 20, 1995, states
the following:
"...My deceased brother Spasoje, born
on June 28, 1954 had a spine disorder and was bed-ridden. He could walk
only by the aid of crutches and for short distances. Muslim soldiers found the
place where we were hiding on September 15, 1992, at a brook close to our
house. I know that they were Muslim soldiers because they were wearing green
bands. When they found us they started swearing at our Chetnik mother, calling
my deceased brother a Chetnik. They took us towards the center of the village
of Bukvik and one Muslim soldier came to us, later we learnt that his name is
Semso Ljubina (it is actually Lubinovic Sefket), but we did not know that
soldier. That soldier was masked, his face was covered with some kind of
paint, he singled out my brother saying that he is a Chetnik, and then fired
two rounds of ammunition into his chest. My mother Netka and myself begged the
soldier not to do that but it did not help. His body remained on the road.
Whether he was buried or not I do not know even now because Bukvik is under the
control of the Croat and Muslim authorities..."
Witness 617/95-11 before the investigating
judge of the Municipal Court of Brcko on July 21, 1995, inter alia, states the
following:
"... The majority of Serbian population
abandoned their houses and escaped into the woods, and so did I with my
daughter and a sick son Spasoje who was bed-ridden because of a spine injury.
He could walk only on crutches and for a short distance. We were hiding in the woods
until September 15, 1992. At some 10:00 hours we were discovered by the Muslim
army and they ordered us to move. During the movement to the center of the
village, one Muslim soldier who had a green band and his face covered so that
no one could recognize him, singled out my deceased son Spasoje from the
column and when he turned his weapons towards him, myself and my daughter
started to beg that soldier and to scream. However, nothing helped. He fired
two rounds of ammunition into Spasoje and ordered us to move towards the
center..."
On the basis of testimonies by several
eye-witnesses it is established that also Puric Vlajko, Radic Zivan and
Veselinovic Sava were ruthlessly killed, having several days previously been
wounded.
Witness 617/95-26, mother of the victim
Radic Zivan stated before the investigating judge of the Municipal Court of
Brcko on July 25, 1995, the following:
"... My son Zivan was wounded in the
manner that a bullet entered his mouth from the right side and exited at the
top of his head. As far as I could see it was an explosive bullet so the
wound was large but he was alive... I saw that Vlajko Puric was wounded in the
left shoulder, and Savo Veselinovic was wounded in the leg, I do not know
exactly where. While I was tending my son and the other wounded, Muslim
soldiers arrived and one of them pointed the gun of the weapon at me at my back
and ordered the others to shoot the wounded. He literally said "kill the
wounded", and in my presence they fired the rounds of ammunition in the chest
of Zivan and the other two wounded. Then they pushed me in the direction of the
center of the villages..."
Witness 679/95-9 before the investigating
judge of the Municipal Court of Brcko on August 17, 1995 states the following:
"... On September 14, 1992 Croat and
Muslim soldiers, after opening fire on Serbian villages, erupted into these
villages and started setting Serbian houses on fire and killing Serbian
population...On that day some 59 inhabitants of Serbian nationality were killed
from the said villages in the area of the local community of Bukvik. Ruthlessly
were being killed aged and women, and among them three wounded persons: Savo
Veselinovic, Vlajko Puric and Zivan Radic, who were close to the house of Cedo
Pajic... This fact is known to all the former inhabitants of the village of G.
Bukvik..."
Witness 679/95-8 testified before the
investigating judge of the Municipal Court of Brcko on August 17, 1995, inter
alia, about the killing of Brestovacki Milka and Brestovacki Radojka.
"... I have personally seen, hidden in
the woods, when the Muslim and Croat soldiers took out Milka and Radojka
Brestovacki on the road and when they fired shots at them. I have also seen
when they took out an older man Djoko Vidovic from D. Bukvik and when they shot
and killed him..."
Witness 638/95-12 before the investigating
judge of the Municipal Court of Brcko on February 15, 1994 also testified about
the killing of Brestovacki Milka and Brestovacki Radojka:
"...While I was withdrawing I personally
heard Brestovacki Milka, who was at the orders of the enemy soldier, while
crying, calling her husband Marko. After that, this soldier killed her on the
road. A bit later he also killed Brestovacki Radojka. Both of them were
civilians and had no weapons what so ever with them..."
Municipal Public Prosecution of Brcko filed
under number Kt. 72/93 of July 25, 1994 an Indictment against several persons
for the criminal acts of war crimes against civilian population from Article
42, para. 1 taken from the Penal Code of the SFRY, in connection with the said
crimes committed in mid September 1992 in the region of the Serbian villages of
Vitanovici, Bukvik Gornji and Bukvik Donji in the municipality of Brcko.
Furthermore, Municipal Public Prosecution of
Brcko of the Republic of Srpska filed under number Kt. 77/93 of July 16, 1994
an Indictment against several persons, Muslims and Croats, for the crimes
committed on September 11, 1992 in the Serbian villages of Vujicici, Gajevi and
Lukavac - for the criminal acts of war crimes against civilian population from
Article 142 para. 1 of the Penal Code of the Republic of Srpska - General Part.
EVIDENCE: witnesses; 617/95-2, 617/95-3, 617/95-4, 617/95-6,
617/95-7, 617/95-8, 617/95-9, 617/95-10, 617/95-11, 617/95-12, 617/95-13,
617/95-14, 617/95-15, 617/95-16, 617/95-19, 617/95-22, 617/95-25, 617/95-26,
617/95-27, 617/95-31, 617/95-33, 617/95-40, 679/95-5, 679/95-8, 679/95-14,
679/95-30, 679/95-33, 634/95-4, 638/95-1, 638/95-2, 638/95-6, 638/95-7,
638/95-8, 638/95-9, 638/95-10, 638/95-12 and 640/95-4.
2.1.4. Vucilovac
On December 12, 1992 Croat army from the
adjacent villages entered the village of Vucilovac - municipality of Brcko and
just like in the above stated villages, started killing civilian population,
plundering property of the Serbian population and setting houses on fire in
which Serbs were living.
Witness 617/95-21 before the investigating
judge of the Municipal Court of Brcko on July 24, 1995 stated the following:
"... In the first half of 1992 when the
war started, from the Croat villages threats were being sent to the Serbian
population in the villages of Vucilovac and Kopanice, saying that all the Serbs
from this area will be expelled or killed. Some time in July or September the
same year Serbian population from the village of Kopanice was expelled and in
November and the first half of December Croat army expelled all Serbs from
Vucilovac. During their entry into the village of Vucilovac Croat army killed
all the inhabitants who did not leave their houses and killed them in their own
homes, on the spot..."
During the attack of the armed Croats on
Vucilovac the following persons of Serbian nationality were killed:
1) MAJSTOROVIC PANTO, born in
1944 (witnesses: 617/95-23, 24, 37, 679/95-1, 12);
2) MAJSTOROVIC MILENKO, born in
1971 (witnesses: 617/95-23, 24, 37, 679/95-1, 10, 11, 12, 220;
3) MAJSTOROVIC ILIJA, born in
1937 (witnesses: 617/95-23, 24, 679/95-1, 11);
4) MARGETIC MARINKO, born in
1942 (witnesses: 617/95-23, 37, 679/95-2, 3, 4, 10, 11, 12);
5) IGNJIC OLJA, born in 1939, a
Croat woman married to a Serb (witnesses: 679/95-1, 6);
6) NIKOLIC RUZA, born in 1926
(witnesses: 617/95-24, 679/95-1,2,3,10 and 12);
7) LUKIC (of father Mika) NETKA,
born in 1928 (witnesses: 617/95-24, 679/95-1);
8) MARGETIC (of father Lazar) MILAN,
born in 1963 (witnesses: 679/95-1 and 679/95-4);
9) KITIC (of father Nikola) PERO,
born in 1953 (witness: 679/95-1);
10) LUKIC (of father Nikola) MICO,
born in 1946 (witness: 679/95-1);
11) MITROVIC SVETISLAV, born in
1968 (witnesses: 679/95-1 and 679/95-7);
12) PETROVIC (of father Bozo) BOZO,
born in 1952 (witness: 679/95-1);
13) MISIC (of father Marko) JOCO,
born in 1973 (witnesses: 679/95-1, 39);
14) OSTOJIC (of father Risto) LAZO,
born in 1946 (witnesses: 679/95-1, 16);
15) LUKIC (of father Petar) RATKO,
born in 1944 (witness: 679/95-1);
16) NIKIC (of father Stanisa) SLADJAN,
born in 1967 (witness: 679/95-1);
17) ARSENIC (of father Niko) KRSTO,
born in 1906 (witnesses: 679/95-7 and 15).
Regarding the perpetrators of the above
stated crimes, the surviving eye-witnesses of Serbian nationality, mostly did
not know the perpetrators of these crimes. They were explaining in detail that
the attack was carried out by the Croat army from the adjacent villages. They
were all in agreement in this respect and the witness 679/95-42 stated before
the investigating judge of the Municipal Court of Brcko on August 25, 1995 the
following:
"...Croats in their villages had formed
the military units bearing the HVO (Croat Defense Council) insignia and started
sending threats to the population of Vucilovac saying that all Serbs will be
expelled and killed... Such a situation lasted until December 12, 1992 when
Croat soldiers entered the village of Vucilovac from the adjacent villages and
started setting on fire Serbian houses and killing Serbian population...As far
as I know Ivo Vincentic called "Konj" ("Horse") took
part in the attack and was especially outstanding in killing and massacring of
Serbs present in Vucilovac..."
EVIDENCE: Witnesses: 617/95-21, 617/95-23, 617/95-24, 679/95-1,
679/95-2, 679/95-3, 679/95-4, 679/95-6, 679/95-7, 679/95-10, 679/95-11,
679/95-12, 679/95-15, 679/95-16, 679/95-22, 679/95-28, 679/95-39 and 679/95-42.
2.1.5. Cerik
On June 11, 1992 and later on August 28, 1992
Muslim and Croat units made an attack on the village of Cerik and members of
Serbian nationality, on their lives and their property.
Witness 636/95-5 stated before the
investigating judge of the Municipal Court of Brcko on December 28, 1993 the
following:
"...On June 17, 1992 in the morning, at
some 06:00 hours, we were attacked by our until yesterday neighbors, Muslims
and Croats, and during the attack Simic Simo 80 years old was killed, killed in
his own front-yard, also Markovic (of father Ilija) Jovo some 20 years old was
slaughtered and Andric (of father Mihailo) Spasoje, 31 years old. The attackers
set fire on eight houses. We organized ourselves and rejected the enemy attack.
The second attack took place on August 28, 1992 at some 17:00 hours. There was
a lot of refugees in the village from Bijela, Spionica, Srbnica and other
Serbian villages which were occupied. We were attacked by our neighbors from
Dubrava and Bijela, and they had heavy artillery. We learnt that the entire
action was planned by the Bijeljina Headquarters and that it was the 108th
Brcanska Brigade of the HVO (Croat Defense Council). On that occasion a large
number of civilians was killed and the village of Cerik practically whipped out
from the face of the earth. Households were pillaged and then the houses and
all other premises set on fire..."
During the attack on June 17, 1992 the
following civilians of Serbian nationality were killed:
1) SIMIC SIMO, born in 1924
(witnesses: 636/95-5,6);
2) MARKOVIC (of father Ilija) JOVO,
born in 19664, who was slaughtered (witnesses; 636/95-5, 6), and
3) ANDRIC (of father Mihailo)
SPASOJE, born in 1962 (witnesses: 636/95-5, 6).
During the attack on Cerik on August 28, 1992
the following Serbs were killed:
1) DZOMBIC (of father Vojin) PETAR,
born in 1942 (witness: 636/95-5);
2) ZARIC (of father Mivo) ZARKO,
born in 1919 (witness: 636/95-5);
3) ILIC (of father Jovo) LAZO,
born in 1933 (witness: 636/95-5);
4) DRAGICEVIC MILUTIN, born in
1925 (witness: 636/95-5);
5) JOVANOVIC RISTO, born in
1926 (witness: 636/95-5 and the minutes on identification of May 27, 1995 -
144/95-3);
6) BRKOVIC MITRA, born in 1937
(witness: 636/95-5);
7) BRKOVIC (of father Radovan)
MILENA, born in 1975 (witness: 636/95-5);
8) MILICEVIC (of father Miko) ACO,
born in 1958 (witness: 636/95-5);
9) SEKULIC (of father Savo)
MILIVOJE, born in 1940 (witness: 636/95-5 and minutes on identification of
May 27, 1995 - 144/95-3);
10) MIJATOVIC DANKO, born in 1939
(witness: 636/95-5 and minutes on identification of May 27, 1995 - 144/95-3),
and
11) MICANOVIC OSTOJA, born in 1939
(witness: 636/95-5 and minutes on identification of May 27, 1995 - 144/95-3).
Witness 636/95-5
stated the following:
"...These people for whom I said that
they were killed, I have personally seen killed and I was burying them..."
Witness 636/95-6 and 144/95-3 stated that,
further to the others, perpetrators of the crimes in the above stated events
were the following persons:
1) FILIPOVIC STJEPAN
2) JURKOVIC IGNJACIJE
3) CANCAREVIC ANDRIJA
4) BOZIC NIKO
5) MENDES MATE
6) MISKOVIC IVO
7) LASTRIC MARJAN
8) VESELCIC JURE
9) LEMESIC MARJAN
10) DEJANOVIC FILIP
11) GELJIC PILJO
12) CANCAREVIC FRANJO
13) CACES LUKA
14) ANTIC MATE
15) JURKOVIC ANDJELKO
16) HRGOVCIC TOMISLAV
17) JURIC IVO
18) JURIC LUKA
19) HRGOVCIC ZLATKO
20) PETROVIC DRAZEN
21) PETROVIC MLADEN
22) TOMIC MISO
23) DJORDIC ZVONIMIR
24) CANCAREVIC GRGA, and
25) GLUHAKOVIC FILIP
Against the above stated persons and some
other persons Municipal Public Prosecution of Brcko filed the Indictment under
number Kt. 67/93 of July 25, 1993 for criminal acts of war crimes against
civilian population from Article 142 para. 1 taken over from the Penal Code of
the SFRY.
EVIDENCE: Witnesses: 636/95-5, 144/95-3, 636/95-6 and 144/95-3.
2.1.6. KILLING OF SERBS - PRISONERS OF WAR
On April 8, 1993 the 108th Brigade
of the so-called Army of Bosnia-Herzegovina under the command of Pljakic
Ramiz carried out the attack on the village of Biliste - municipality of
Brcko and on that occasion captured a number of members of the Republic of
Srpska Army, who were exposed to torture and were then all killed.
On May 7, 1993 at the checkpoint in Dubravice
Republic of Srpska Army took over the earthly remains of the four fighters -
members of the Republic of Srpska Army: Pudic (of father Djoko) Stojan, Jovicic
(of father Ranko) Perica, Padezanin Zeljko and Marjanovic Radovan.
The first two persons named above were
captured after the event of March 8, 1993, and Padezanin Zeljko and Marjanovic
Radovan after the attack which was carried out on April 27, 1993 on the village
of Lipovac, also by the 108th Brigade of the so-called Army of
Bosnia-Herzegovina.
From the autopsy records made at the
Institute for Pathology and Forensic Medicine of the Military Medical Academy
hospital, describing the autopsy made on May 7, 1993 in Brcko under number
BC-S-11 and BC-S-12, the following findings are made:
On the basis of the autopsy made on Budic
Stojan, born in 1953 in the village of Grabovica, municipality of Brcko, and on
the basis of the finds, the opinion is given which states, inter alia, the
following facts:
I - The corpse is in the advance state of
decay and the autopsy alone can not show the real cause of death with any
certainty. However, bearing in mind the autopsy results, it can be determined
with a high degree of certainty that the death was violent and that it took
place because of decapitation.
II - Decapitation was performed most probably
in two parts: in the first part cutting off of the soft tissue of the neck was
done with a blow of a sharp blade of a mechanical weapon, and in the second
part cutting off of the fourth neck vertebra was done with the blow of a sharp
blade of a heavy mechanical weapon.
XII - Pudic Stojan most probably first
suffered the injuries from fire arms in the lower extremities with the entrance
holes on the exterior side of the right knee, exterior side of the right
buttock, interior side of the left buttock and the front exterior side of the
left buttock, described under items 4, 5, 6 and 7 of the exterior find, and
then, while he was flat on his back and alive, his head was cut off by another
person.
XIV - Death was of
an assassination origin.
Together with the above stated autopsy report
BC-S-11 of May 7, 1993, photo-documents are also enclosed.
On the basis of the autopsy report of the
autopsy performed on the deceased Jovicic Perica, born in 1972 in the village
of Grbavica - Brcko, the findings are, inter alia, the following:
On the basis of the exterior find, interior
find, pathological and anatomy diagnosis, the opinion states, among others, the
following:
I - The corpse was in the advanced stage of
decay, and the autopsy alone can not determine with certainty the cause of
death. However, bearing in mind the autopsy report, it may be determined with a
high degree of probability that the death was from violent causes and that it
was caused by decapitation.
II - Decapitation was performed most probably
in two parts: in the first part cutting off was done of the soft neck tissue
with the blade of a mechanical weapon on a swing, and in the other part it was
performed by cutting off the third neck vertebra with the blade of a heavy
mechanical weapon on a swing.
III - Injuries in the part of the left side
of the face, described in item 4, of the exterior find, represent a cutting and
pressing wound caused by the blunt heavy and swung mechanical object, with the
simultaneous double fracture of the left part of the lower mandibular bone,
described in item 2 of the exterior find.
IV - Injury above the left nipple described
in item 6 of the exterior find, is an entrance opening of the bullet cased by a
projectile of a fired hand weapon, most probably from some distance, and its
bottom in the form of a channel continues through the skin, subcutaneous
tissue, IV and V rib on the left side, upper part of the left lung and muscles,
III inter-rib area on the left side, where a deformed metal projectile was
found corresponding to the 7.65 mm pistol ammunition. The direction of the
wound channel is: forward and back, from down upwards, from the right to the
left.
V - Most probably the first injury to be
inflicted on Jovicic Perica was cutting and pressing wound described in item 5
of the exterior find, with double fracture of the left lower mandibular bone,
and then, while he was on his back and alive he was decapitated by another
person.
VI - The injury from fire arms described in
item 6 of the exterior find was inflicted most probably after the death, i.e.
after decapitation.
VII - Death is of
assassination origin.
Together with this autopsy report
photo-documents taken during the autopsy are enclosed.
EVIDENCE: 144/95-9, autopsy reports made at the Institute for
Pathology and Forensic Medicine of the Military Medical Academy hospital of May 7, 1993 under number BC-S-11
and BC-S-12.
The above stated facts show that the
perpetrators of the assassination of the prisoners of war Budic Stojan and
Jovicic Perica committed war crimes against the prisoners of war, which as
above stated, were sanctioned according to the provisions of the Penal Code of
the former Yugoslavia, in accordance with the Geneva Convention on Prisoners of
War of 1949 ratified by the state of the Federal People’s Republic of
Yugoslavia in 1950.
2.2. ORASJE
On May 9 1992 in
Bukova Greda in the municipality of Orasje members of the military police of
the 106th Oraska brigade, under the command of Pero Vincetic called
"Konj" ("Horse") carried out a raid on Serbs on which
occasion the following Serbs were killed:
1) VASILJEVIC LAZAR, of father
Arsenije, born in 1961;
2) GAVRIC MICO, born in 1939 in
Bukova Greda - Orasje;
3) GAVRIC MISO, of father Pero,
born in 1974 in Bukova Greda - Orasje;
4) MAKSIMOVIC ZORAN, of father
Pero, born in 1969 in Bukova Greda - Orasje;
5) MAKSIMOVIC ZARKO, of father
Jovo, born in 1952 in Bukova Greda - Orasje;
6) SVIJANOVIC DRAGO, of father
Pero, born in 1963 in Bukova Greda - Orasje;
7) MAKSIMOVIC MARKO, of father
Jovan, born in 1937 in Bukova Greda - Orasje.
EVIDENCE: Witnesses: 267/94-1, 267/94-6, 267/94-8, 267/94-14
and 396/95-6 and 637/95-3, 396/95-5, 679/95-23, 679/95-24, 679/95-27,
679/95-32, 679/95-35, 679/95-37 and the minutes on identification compiled at
the Municipal Court of Brcko on June 24, 1994 (144/95-12).
2.3. ODZAK
2.3.1. On April 19, 1992 in the village od Donja
Dubica near Odzak which was populated mostly by Serbian population, a Serb,
Djuric Rajko was killed from an ambush, and killing was attempted of Goranovic
Stevo, Bozic Rajko and Bozic Boro.
Perpetrator of this
crime is Ante Andrijevic, a veterinary technician from Vrbovac.
This crime was a
signal for the Serbian population to leave Donja Dubica and Serbian population,
after this event, relocated to the village of Novi Grad.
EVIDENCE: Witness: 554/94-I-193 and 191/94-4.
2.3.2. On May 31, 1992 in the hamlet of Jezero -
Odzak, crime was committed against civilians of Serbian nationality by the
armed persons, at present unknown, and on that occasion the following
inhabitants of Jezero were killed:
1) MLINAREVIC SRETA
2) CURIC ZDRAVKO, and
3) VIDIC VLADO
EVIDENCE: Minutes on the inquest by the Ministry of Interior
of Bosnia-Herzegovina, Public Safety Station Odzak No. 13-8/02-03 of May 31,
1992; 191/94-1 and 191/94-37.
2.3.3. On June 13, 1992 Zvonko Andjelic called
"Kenta" from Gornje Svilaje - Odzak, with the promise that for the
reward of 30,000 Swiss franks he will illegally transport through the Republic
of Croatia to Switzerland Radovan Kovacevic, Bosiljka Kovacevic and Marija
Miletic, all of them from Novi Grad, municipality of Odzak, took the said
persons in his passenger car only to the hill of Kadar in Gornji Svilaj and
there killed the following persons:
1) KOVACEVIC BOSILJKA, called
"Boja", from Novi Grad, municipality of Odzak, born in 1932, of
father Jovo, and
2) MILETIC MARIJA, from Novi
Grad, municipality of Odzak, born in 1932, of father Ljubo, while
3) KOVACEVIC RADOVAN, from Novi
Grad, municipality of Odzak, born in 1930 of father Mitar, whom he wounded, and
the victim escaped to the house of Pavo Gudelj, but was soon discovered so
Zvonko Andjelic also killed him.
In this manner the
above named Serbs had their lives ended.
EVIDENCE: Witness: 280/95-85.
PERPETRATOR:
1) ANDJELIC (of father Jure) ZVONKO,
member of the military police of the 102nd Odzak Brigade of the HVO
(Croat Defense Council).
2.3.4. In early June 1992 in Novi Grad - Odzak
an unidentified person in a camouflage uniform worn by the Croat soldiers,
without any cause killed an aged Serbian woman.
1) ZORKA TATIC, born in 1914,
and she was killed on her own doorstep from the automatic riffle ammunition
round fired in her back.
EVIDENCE: Witnesses: 424/95-13 and 424/95-14.
2.4. BROD (BOSANSKI BROD)
2.4.1. On March 26, 1992 in the afternoon, in
the village of Sijekovac, municipality of Brod (Bosanski Brod) in which the
majority of population was Muslim and Croat and in which there were some 50-60
Serbian houses, entered one unit of the Croat Army headed by Marko Brkaca. Most
of the soldiers were masked, with stockings over their faces so the witnesses
assume that they were their neighbors Croats and Muslims from Sijekovac.
Through the loud-speaker they called upon Serbs to hand over the weapons and
left them the deadline of 10 minutes to do so. The entire area with Serbian
houses was surrounded and the soldiers, even before the deadline, started to
open fire and raid Serbian houses, throwing out the inhabitants who were
inside. They separated men from women and children, and from the group of men
that they had singled out, immediately on the spot, killed from fire arms the
following persons:
1) ZECEVIC JOVO and his sons
2) ZECEVIC MILAN
3) ZECEVIC VASO, and
4) ZECEVIC PETAR
5) MILOSEVIC LUKA and his sons
6) MILOSEVIC ZELJKO and
7) MILOSEVIC DRAGAN, whom they
previously snatched from the arms of his mother
8) TRIFUNOVIC SVETO
9) RADOVANOVIC MARKO
One of the soldiers put the knife to the
throat of S.M. who was then 9 years old, and said: "Do you want me to cut
also your throat?", and then pushed him away and said: "You are still
small, I will not slaughter you", so the boy remained alive, but his
father Luka Milosevic and his two elder brothers were killed. After all this,
the bodies of Milan Zecevic, Petar Zecevic and Vaso Zecevic were thrown at the
waste dump site near the refinery in Brod and the body of their father Jovo was
never found.
EVIDENCE: Witnesses 584/94-1, 584/94-2, 584/94-3, 584/94=4 and
283/94
2.4.2. On April 8, 1992 in the village of
Sijekovac near Bosanski Brod, at some 01:00 hours Croat soldiers came to the
house of Sedlic Novak and killed the following persons:
1) SEDLIC NOVAK, born in 1931,
and his cousin
2) BRKOVIC MILORAD, they took
to the bathroom and beat up, then covered with benzine and set on fire. Milorad
Brkovic succeeded in escaping although they were shooting after him and had
wounded him, and when the witness 584/94-1 wanted to help her husband they did
not let her, saying: "Get back or you will burn just like Milorad and
Novak are burning", so she concluded that the perpetrators knew her
husband and brother and that most probably they were Croats and Muslims from
their village. Later she found only parts of the body of her dead husband Novak
while the most parts of the body was burnt down.
PERPETRATORS:
1) PRKACA MARKO, a Croat from
Slavonski Brod
2) KOVACEVIC ZEMIR, a Muslim from
Sijekovac
3) CAUSEVIC NIJAZ, called
"Nedo", a Muslim from Sijekovac
EVIDENCE: Witness 584/94-1 and other documents
2.4.3. On July 24, 1992 at some 01:00 hours into
the building "C" in the settlement of Skela in Bosanski Brod, came a
group of five Croat soldiers in the HVO uniforms and started banging on the
door of the apartment No. 14 where the resident was a Serb
1) STOJAKOVIC SLOBODAN
with his wife and his 11 years old child. In
fear, the wife with the child went out to the balcony and jumped from the 3rd
floor balcony, when she was seriously injured. She heard the screams of her
husband. When she later returned to the apartment she found traces of blood,
and the next day was called to make identification. At the cemetery she
recognized the corpse of her husband, whose neck was cut and in the area of his
chest he had a large number of knife wounds. After she paid the burial expenses
as she was ordered, together with son she was expelled from Bosanski Brod and
she returned there only after liberation.
PERPETRATORS:
1) KLJAJIC BLAZENKO and other HVO
members
EVIDENCE: Witness 584/94-19.
3 DEPORTATION OF CIVILIAN POPULATION
OF SERBIAN NATIONALITY
AND OF CAPTURED SERBS TO THE
PRISON CAMPS, AND INHUMAN
TREATMENT, TORTURE AND KILLINGS
3.1. INTRODUCTION
During the year 1992 and onwards in the
territories of the then-so-called Bosnia and Herzegovina which were under the
control of the Muslim and Croat armed forces, a large number of prison camps
and prisons were established for imprisonment of civilians of Serbian
nationality who were expelled from their homes, and also for the imprisonment
of the captured Serbs.
Thus, in the area of Bosnian Posavina a
system of 35 prison camps was established (Brod-8, Brcko-19, Samac-1, Orasje-4
and Odzak-3) for Serbian civilian population. It may be said that almost the
entire Bosnian Posavina was transformed into a prison camp for Serbs.
Concretely, the
following prison camps were in existence:
in Brod: 1) Secondary school center "Fric Pavlik", 2)
Tulek, warehouse of "Beograd" Department Stores, 3) storage of
building material of the "GIK" company, 4) Krndija camp (facing the
Fire Department), 5) camp along the Sava river (kayak club), 6) production hall
of the stockings factory "Bosna", 7) camp in the building of the
military police (a former "Jugobanka" building), and 8) city stadium
of the "Polet" soccer club.
in Brcko: 9) Boderiste, "Interplet" factory hall, 10)
Bosanska Bijela, town hall, 11) Bosanska Bijela, plum drying plant, 12)
Bosanska Bijela, private houses, 13) Boce, primary school, 14) Boce, local
community premises, 15) Gornji Zovik, building material storage, 16) Gornji
Rahic, town hall, 17) Gornji Rahic, building material storage, 18) Gornji
Rahic, drying plant in Okrajci, 19) Gornji Rahic, primary school, 20) garage in
the nursery garden between Rahici and Maoca, 21) Donji Rahic, private houses,
22) Maoca, chicken farm, 23) Maoca, "Bolji zivot" cafe, 24) Palanka,
local community library, 25) Rasljani, warehouse, 26) Ulice, primary school,
and 27) Ulice, town hall.
in Samac: 28) village of Domaljevac, primary school
in Orasje: 29) secondary school center, 30) Donja Mahala, camp
in the primary school, 31) Donja Mahala, shed of Mirza Filipovic called
"Deljkovic", and
in Odzak: 32) Posavska Mahala, 33) primary school (the gym),
34) "Strolit" company, and 35) Novi Grad village.
In this document we will present evidence for
some of the crimes committed in the prison camps in the area of the municipalities
of Brcko, Orasje, Odzak and Bosanski Brod.
Immediately it must be said that at present
there is no reliable evidence of a precise number of Serbs who have been taken
from the year 1992 onwards to these camps. As an exception, there is a document
entitle "The List of Detainees in Prison (school building)" in Odzak
compiled by the authorities of the Croat Defense Council (HVO) listing 618
persons, which shall be discussed in more detail in Chapter 4. The fact remains
beyond any doubt, however, that Serbs were in mass, and only because of being
Serbs, deported to the prison camps where the living conditions were
insufferable, on the one hand regarding the accommodation, nutrition and
hygiene, and on the other hand regarding serious torture, humiliation and even
killing of the inmates, many of them having experienced these camps as hell on
earth.
The capacity of the said camps in view of the
number of people who were imprisoned there, most often was even below the
spacial minimum necessary for the most elementary survival. There is evidence
that, for example, in the camp which was located in the primary school building
in Odzak, one detainee was having less than one half of a square meter for
himself!
Serbs - inmates, neither had the necessary
minimum of food and water, so the daily rations they were receiving were one
slice of bread and a cup of tea or of some so-called soup or stew. The inmates
were placed in almost intolerable positions regarding the hygiene. They were
often forced in the same room in which a large number of inmates were detained,
highly overcrowded, to have their physiological needs and bowl movement and
throughout the day to keep in that same closed room the buckets serving as a
WC. The inmates were subjected to various kinds of torture at times so
monstrous that a normal human mind can hardly perceive what a human invention
can come up with, and tortures that were such that in some cases Serbs - the
inmates were trying to take their own lives.
About the said circumstances there will be
more discussion further in this document when the most drastic kinds of
torture, harassment and humiliation of civilian inmates of Serbian nationality
in the prison camps of the area of Bosnian Posavina will be presented. It may
be said that such treatment was in operation, with only some slight
differences, also in the area of the entire so-called Bosnia and Herzegovina
controlled by the Muslim and Croat armed forces.
It is necessary to point out here that
already a special type of killing was conceived for the prison camp inmates of
Serbian nationality, which had the following characteristics: taking of the
inmates to a forced labor, beyond all the rules of the international law and
this to the front battle lines, and during the time of most intensive combat
actions, when they were used for digging trenches and construction of other
fortification structures, for pulling out of the wounded and killed Croat and
Muslim soldiers; and if they should stay alive, during the performance of such
works, they were forced to attend the mutilation of the dead bodies of the
Serbian fighters.
The witness 267/94-9, a former inmate of
Brcko, states that the inmates from the prison camps in Orasje in Donja Mahala
were digging trenches without any protection, that they were exposed from all
the sides to the fire arm bullets and grenades, that they were carrying timber
beams for kilometers, that they were not given any tools - "there were even
persons who had to do the digging with their own fingers". According to
his estimate, some 10% of inmates from Orasje and Bukova Greda were killed, and
he himself had on the spot taken out 5-6 persons who were dead or wounded. Many
inmates in this way had lost their lives, many were seriously wounded and only
through fortunate circumstances remained alive.
3.2. MANNER OF TORTURE, HARASSMENT AND
HUMILIATION OF INMATES OF SERBIAN NATIONALITY IN THE PRISON CAMPS IN THE AREA
OF BOSNIAN POSAVINA
We are presenting
here only a brief survey of some of the observed manners of torture and
humiliation of Serbian population for purpose of better inview. Later in this
document concrete cases will be stated with detailed description of the events.
3.2.1. Methods of Torture - Body
Injury of Inmates
1) Piercing of tongue with knife
was committed in the prison camp of Donja Mahala - Orasje (evidence: 158/95-1,
5 and 6; 637/95-6; 267/94-9);
2) Putting of hands in chains and
squeezing was exercised in the prison camp of Donja Mahala - Orasje
(evidence: 267/94-5 and 396/95-8);
3) Placing of a nude woman on the
burning hot electric stove, executed in the prison camp in Bosanski Brod
(evidence: 584/94-32, 584/94-14, 2667/94-2 and 55/95-2);
4) Piercing of hands and feet by a
knife or a screw-driver, executed in the prison camps in Odzak (evidence:
365/94-1) and in the prison camp of Donja Mahala - Orasje (evidence: 158/95-4
and 6; 55/95-7; 637/95-6);
5) Hitting of testicles with a hard
object, applied on inmates in the prison camp of Donja Mahala - Orasje
(evidence: 267/94-5);
6) Plugging of ears, sexual organs
and fingers to the electric current, executed in the prison camp of Donja
Mahala - Orasje (evidence: 267/94-5, 158/95-1, 2, 3, 4, 5, 6 and 7);
7) Piercing of body with burning hot
iron rod - placing of burning hot iron rod in the mouth of inmates, executed in
the prison camp of Donja Mahala - Orasje (evidence: 158/95-1 and 7);
8) Biting off of ears of inmates by
teeth, committed in the prison camp in Bosanski Brod (evidence: 191/94-38,
280/95-11, 280/95-2, 593/94-31, 55/95-11 and 365/94-III-2);
9) Piercing of ears by wire, then
hanging of a piece of board on the wire or piercing of ears, committed in
the prison camp of Donja Mahala - Orasje (evidence: 95/95-7, 267/94-10,
267/94-8, 424/95-26 and 396/95-10);
10) Breaking of limbs of inmates,
committed in the prison camps in Odzak (evidence: 424/95-26) and in the prison
camp of Donja Mahala - Orasje (evidence: 267/94 and 267/94-9);
11) Stabbing of knife in the knee of
the inmate, executed in the prison camp of Donja Mahala - Orasje (evidence:
267/94-8);
12) Gauging of eyes or attempts at
gauging of eyes of inmates, committed in the prison camp of Rahic
(evidence: 617/95-2, 679/95-17);
13) Suspending inmates in the meat
drying plant, executed in the prison camp of Odzak (evidence: 191/94-35);
14) Hanging inmates by their legs,
then dropping them down so that they will hit the floor with their head,
committed in the prison camp in Bosanski Brod (evidence: 191/94-38, 55/95-26,
267/94-2 and 593/94-10);
15) Beating of inmates with boards,
chairs, electric cables, batons, table legs, executed in all the prison camps
in the area of Bosanska Posavina;
16) Cutting in by knife of the Ustashi
symbol letter "U" into the heads and various other body parts of
inmates, committed in Odzak (evidence: 424/95-42);
17) Piercing of ears by the paper
staple machine or cutting up of the ear lobes, committed in the prison
camps in Rahic (evidence: 679/95-17) and in the prison camp of Donja Mahala -
Orasje (evidence: 267/94-5 and 8, and 396-95-8);
18) Forcing of inmates to run and hit
the head on the wall or to hit the head against some other solid objects,
committed in the prison camps in Rahic (evidence: 617/95-7), in the prison camp
in Odzak (evidence: 55/95-1, 4, 5, 9 - 18, 22, 28, 29 and 43, 280/95-4, 10, 28
and 191/94-5, 30 38) and in the prison camp of Donja Mahala - Orasje (evidence:
267/94-5);
19) Forcing of inmates to jump from
the table to the floor head down, committed in the prison camp in Odzak
(evidence: 55/95-11 and 191/94-5);
20) Forcing inmates to fight each
other until they faint, including fighting between brothers, executed in
the prison camps in Odzak (evidence: 55/95-7, 11, 12, 16 - 18, 22, 424/95-21,
191/94-5, 55/95-13 and 18); in the prison camp in Bosanski Brod (evidence:
424/95-17, 24, 39, 42 and 280/95-76); in the prison camp of Donja Mahala -
Orasje (evidence: 584/94-2); and in the prison camp in the village of Ulice
(evidence: 638/95-2);
21) Forcing of inmates to run and hit the
wall with their heads until they faint, while preserving the eye-glasses which
the inmates are forced to wear in the process, performed in the prison camp of
Odzak (evidence: 280/95-9);
22) Hitting of inmates in such a way that
the guards catch heads of two inmates and start hitting one head against the
other, committed in Odzak (evidence: 280/95-1);
23) Fracturing of jaws of inmates,
committed in the prison camp of Donja Mahala - Orasje (evidence: 267/94-7,
158/95-1);
24) Cutting off of fingers on hands
and toes of inmates, committed in the prison camps of Bosanski Brod
(evidence; 584/94-12) and in the prison camp of Donja Mahala - Orasje
(evidence: 267/94-5, 267/94-14);
25) Cutting off of fingers from hands
- finger by finger, committed in the prison camp in Donja Mahala - Orasje
(evidence: 267/94-5);
26) Pulling out of teeth of inmates by
ordinary pliers and breaking of teeth, committed in the prison camps of
Bosanski Brod (evidence: 584/94-12); in the prison camp of Donja Mahala -
Orasje (evidence: 267/94-5); in Rahic (evidence: 617/95-36, 679/95-19), in the
prison camp in the village of Ulice (evidence: 679/95-21);
27) Placing of a pistol barrel in the
mouth of the inmate with the demand that the inmate bites the pistole with
teeth, then sudden withdrawal of the pistol so that the tooth would be caught
when the aim is pulled out, committed in the prison camp in Odzak (evidence:
55/95-43 and 191/94-11);
28) Jumping on top of inmates lying on
the floor, committed in the prison camp in Odzak (evidence: 55/95-1, 2 and
28);
29) Spraying of eyes of inmates,
committed in the prison camp of Donja Mahala - Orasje (evidence: 55/95-7);
30) Sticking pins, small nails,
stilettoes, safety pins and other under the nails of inmates or between their
fingers on hands and toes, committed in the prison camps of Bosanski Brod
(evidence: 584/94-12) and Rahic (evidence: 679/95-18);
31) Placing of a rod into the inmate’s
anus, impaling, committed in the prison camp in Bosanski Brod (evidence; 584/94-12);
32) Shooting from a hunting riffle
into inmates with a cartridge filled with salt, committed in the prison
camp of Donja Mahala - Orasje (evidence: 158/95-2, 5 and 6);
33) Pushing of the tube down the inmate’s
throat and letting water run through the tube under pressure, committed in the
prison camp of Donja Mahala - Orasje (evidence: 496/95-3);
34) Pulling off of nails of the
inmates, executed in the prison of Donja Mahala - Orasje (evidence: 55/95-7
and 267/94-12);
35) Nailing down of arms of inmates to
the table with the demand that the inmate sings Ustashi songs in the process,
executed in the prison camp of Donja Mahala - Orasje (evidence: 267/94-11 and
396/95-9);
36) Hitting of inmate while previously
a bomb was placed in his mouth, executed in the prison camp in Odzak
(evidence: 476/94-7);
37) Beating of inmate with riffle butt on
the back and other parts of the body, while his hands are tied to the pillar at
the volley-ball grounds at the gym, committed in Odzak (evidence: 280/95-4, 5,
10, 13, 71, 72, 73, 74, 75, 77 and 84, 55/95-1, 2, 4, 7, 10 and 11, 365/94-2
and 5, and 593/94-1);
38) Cutting off of ears of inmates -
pulling ears off with pliers, committed in the prison camp of Donja Mahala
- Orasje (evidence; 267/94-4 and 5);
39) Tying of the belt around inmate’s
neck and strangling of inmate by pulling tight the belt, at the same time
forcing the inmate to imitate dog barking, committed in the prison camp of
Donja Mahala - Orasje (evidence: 2667/94-4);
40) Piercing inmate’s neck with knife,
committed in the prison camp of Donja Mahala - Orasje (evidence: 267/94-5 and
14);
41) Firing of dum-dum bullets into the
inmate’s hand at close range, committed in the prison camp of Donja Mahala
- Orasje (evidence: 2667/94-13, 396/95-2);
42) Cutting in of cross with four letter
"S" with knife into the bodies of inmates, committed in the prison
camp in Bosanski Brod (evidence: 584/94-28);
43) Hitting of a wounded inmate while two
of his own brothers are ordered to hold him, committed in Bosanski Brod (evidence:
191/94-13);
44) Extinction of cigarettes on the
bodies and faces of inmates, in the ears, and placing of burning cigarettes in
the month of inmates, committed in the prison camps in Odzak (evidence:
55/95-3, 424/95-43, 365/94-1) and in Rahic (evidence: 679/95-17 and 18);
45) Kicking of inmates with boots, riffle
butt and similar, while they are previously ordered to stand by the wall with
their arms up, committed in the prison camp of Odzak (evidence: 424/95-9-12,
16, 19, 21, 36 and 37, and 365/94-1);
46) Strangulation of inmates with
hands, committed in the prison camp of Rahic (evidence; 617/95-36);
47) "Stereo" beating up of
inmates (simultaneous boxing of ears of inmates with both fists), committed in
the prison camp of Rahic (evidence: 617/95-36);
48) Cutting off of parts of feet or
parts of bodies of inmates, committed in the prison camp of Rahic
(evidence: 679/95-17, 18);
49) Piercing of chest by timber
punching machine, committed in the prison camp of Rahic (evidence:
679/95-17).
3.2.2. Methods of Torture - Rape and
Sodomy
1) Rape of women of Serbian
nationality, committed in the prison camps in Bosanski Brod (evidence:
584/94-31, 32 and 33, 267/94-2), in the prison camp of Donja Mahala - Orasje
(evidence: 267/94-2 and 16), and in the prison camp in Boca (evidence;
617/95-2, 638/95-12 and 144/95-4);
2) Forcing of women and men to
mutual sucking - licking of sexual organs, or of doing that to the guards,
Bosanski Brod (evidence: 593/94-33, 424/95-30, 191/94-5, Odzak (evidence:
424/95-1), Orasje - Donja Mahala (evidence: 267/94-5 and 9);
3) Forcing of inmates to rape a
retarded woman-inmate, Odzak (evidence: 365/94-1 and 424/95-1);
4) Rape of women-inmates in front of
their husbands or information of the husband-inmate that his wife was raped,
Donja Mahala - Orasje (evidence: 267/94-16) and Bosanski Brod (evidence:
267/94-2);
5) Setting up of a ‘camp wedding’ by
forcing of the selected couple of inmates, a Serb man and a Serb woman, to have
sexual intercourse in the presence of inmates and camp staff, executed in the
prison camp of Odzak (evidence: 191/94-4 and 13).
3.2.3. Methods of Torture -
Humiliation, Harassment and Intimidation
1) Forcing of inmates to put
fingers in the others’ anus then to lick them, (evidence: 424/95-30 and 33,
55/95-9), Bosanski Brod (evidence: 424/95-17, 34 and 42, and 191/94-5);
2) Group bathing of nude inmates even
in front of citizens, by a jet of ice cold water under pressure, Odzak
(evidence: 55/95-8 and 424/95-41);
3) Forcing of inmates to eat the hair
cut off from their head, Bosanski Brod (evidence: 192/94-33 and 584/94-12);
4) Urination in the mouth of
inmates, Donja Mahala - Orasje (evidence: 158/95-2), Bosanski Brod
(evidence: 584/94-16);
5) Detention of inmates in the
basements under water or in the canals filled with water, Rahic (evidence:
638/95-8);
6) Exposure of inmates to hunger,
thirst, cold, prohibition to perform physiological needs, all prison camps
in the area of Bosnian Posavina and evidence given by a large number of
witnesses stated in this document;
7) Deprivation of medical care during
fracture of extremities of inmates, with the intent of having the limbs heel
with deformities, Donja Mahala (evidence: 267/94-7 and 55/95-7);
8) Forcing of inmates to eat nylon
stockings, Bosanski Brod (evidence: 285/95-11);
9) Taking inmates to fake executions,
Rahic (evidence: 617/95-36 and 679/95-18), Bosanski Brod (evidence: 438/94-14);
10) Forcing of inmates to ride each other
while singing Ustashi songs, Bosanski Brod (evidence: 424/94-4);
11) Forcing of inmates to stand for long
periods in the sun, and even on one foot until they faint, Odzak (evidence:
55/95-9) and Rahic (evidence: 617/95-6);
12) Forcing of inmates to lick their
own blood or blood of other inmates from floor and walls, Odzak (evidence:
55/95-1, 3, 4, 7, 8, 9 - 18, 21, 22, 28, 29 and 43, 424/95-17, 25, 36, 37,
191/94-11 and 476//94-7);
13) Forcing of inmates to clean with
their tongues the dirty boots of the guards, Bosanski Brod (evidence:
191/94-5);
14) Forcing of inmates to kiss the
guards’ boots, then kicking of inmates with boots on the heads, committed in
the prison camps in Odzak (evidence: 593/94-12);
15) Forcing of inmates over several
hours to stand while singing Ustashi songs, committed in the prison camps
in Donja Mahala - Orasje (evidence: 267/94-7) and in the prison camp in Odzak
(evidence: 424/95-41 and 280/95-5);
16) Leading around an inmate with a
belt tied to his neck - like an animal, committed in the prison camp of Donja
Mahala - Orasje (evidence: 2667/94-3);
17) Forcing of inmates,Serbs, to learn
Catholic prayers, committed in the prison camp of Bosanski Brod (evidence:
191/94-33, 593/94-12);
18) Throwing bones to a Serb inmate by
the prison camp staff, with the curse that Serbs ‘are no better than dogs’,
committed in the prison camp of Odzak (evidence: 191/94-4);
19) Threatening inmates with slaughter,
committed in the prison camp of Bosanski Brod (evidence: 424/95-33 and 34);
20) Ordering inmates, men, to take off
their clothes, then bringing into the closed room of blood-thirsty dog,
committed in the prison camp of Odzak (evidence: 280/95-39, 191/94-3); and
21) Forcing of inmates to eat grass after
urination on the same, Brod (evidence: 584/94-16).
3.3. PRISON CAMPS IN THE AREA OF THE
MUNICIPALITY OF BRCKO
During the years
1992 and 1993 in the area of the municipality of Brcko a number of prison camps
were set up, prepared for the members of Serbian nationality.
We shall present
here, on the basis of the available evidence, the conditions under which Serbs
lived in the prison camps of Rahic, Ulice, Zovik, Maoca and Boce. We shall also
present concrete torture to which the Serb inmates were submitted in the said
prison camps.
3.3.1. Prison Camp in Rahic
In the prison camp
in the village of Rahic a large number of Serbs was detained. About the
conditions under which they were living in these prison camps numerous
witnesses have given their testimony, those who were lucky enough to get out of
these prison camps alive, although many of them with serious body injuries and
psychological trauma. Reliability of the testimonies of many witnesses is
supported by material evidence.
Testimony of
witnesses shows that in the prison camp of Rahic, the main perpetrators -
torturers of the members of Serbian nationalities, were the following persons:
1) IBRAHIMOVIC NUIK (evidence:
617/95-2);
2) LISIC SAMIR (evidence: 617/95-2);
3) MEHMEDBASIC MIRSAD (evidence: 679/95-18);
4) PELJTO MENSUR (evidence: 617/95-2,
679/95-18; 579/95-17);
5) JURKOVIC ANDJELKO, "Gaga"
(evidence: 634/95-9);
6) "CAR MAKLJA" (evidence:
617/95-2);
7) HADZIC GALIB (evidence: 617/95-7,
13, 14, 36, 679/95-17, 18, 33, 638/95-8, 9, 11, 12 and 640/95);
8) CAUSEVIC OMER (evidence: 617/95-20,
634/95-2 and 9, 6638/95-10, 679/95-18);
9) KELAVA ILIJA (evidence: 617/95-17);
10) BILJIC RASID (evidence: 679/95-18);
11) VESNA from Gunja (evidence:
679/95-17, 679/95-18);
12) LISIC MIRSAD (evidence; 679/95-17);
13) SULJIC DAMIR, "Makija"
(evidence: 679/95-17, 634/95-8);
14) OSMANOVIC OSMAN, "Osmo"
(evidence: 679/95-17);
15) BILIC VINKO, "Bili"
(evidence: 679/95-17);
16) TATAREVICI ASMIR (evidence: 679/95-17
and 679/95-18; 617/95-18);
17) MAJKIC IVICA (evidence: 679/95-19);
18) KOMBIC MEHMED (evidence: 638/95-2);
19) TATAREVIC ARMIN (evidence: 638/95-2);
20) KALIC NIJAZ called "Bego"
(evidence: 638/95-9, 10 and 12);
21) HADZIC NIJAZ (evidence: 679/95-18);
22) IMAMOVIC OSMAN (evidence: 679/95-18);
23) FAZLOVIC NOVALIJA (evidence:
679/95-18);
24) LISIC SENAD (evidence: 617/95-17);
25) FAZLOVIC FERID (evidence: 617/95-18,
638/95-9).
3.3.1.1. The witness 617/95-2 stated before the
investigating judge on July 15, 1995 the following:
"...I was captured
on September 21, 1992 and taken to the village of Rahic where I was placed in
the premises of the school. In the group there were 61 persons, from a
three-year old child up to men 70 years old. In that group were both men and
women. We were detained in the classrooms, because the gym was full and
contained 260 persons. When we were brought there women and children were
separated and we, men, imprisoned together. Immediately after placing us in the
room, Croat and Muslim soldiers arrived and started kicking us and
interrogating. They were kicking us with boots, fists, batons, pieces of
plastic pipes, chairs, riffle butts, knife handles, pistols and other objects.
They were taking us out individually, most often in the night hours and were
beating us until we fainted. On the third evening, a Croat soldier that I do
not know the name of, tried to gauge my left eye with a small knife. That
soldier was cursing my Chetnik mother and demanded explanation why I am wearing
military boots which he called "Serbian women". With the same knife
in his hands he pierced my right foot from the upper side. I was detained in
the school premises for three days and during all that time I was continuously
tortured and harassed. I was beaten by Ibrahimovic Nufik, a certain Lisic
Samir, Peljto Mensur, a certain Car Maklja, Gumeni Ivica and others. I did
not know those persons from before..."
The witness was
later detained in the prison in Tuzla.
In the opinion of the medical commission,
specialists of forensic medicine and neuropsychiatry, which examined this
witness in December 1996 in the Brcko General Hospital, the following is
stated:
"As the consequence of serious physical
injuries and psychological trauma suffered during the imprisonment, the witness
617/95-2 shows: the lumbosacral syndrome and a chronic post-traumatic stress
disorders considerably reducing his general existential and work
capabilities" (784/95-B-17).
3.3.1.2. The witness 617/95-7 from Bukvik, born on
September 7, 1960 stated before the investigating judge the following:
"...After the
arrest Croat soldiers took me first to the village of Rahic and detained me
there in the hall of the village communal building...One of the present
soldiers was hitting my head against the wall and the other one was kicking me
with boots in the stomach and on the knees... During the interrogation I was
beaten by Galib Hadzic from Brcko who was working in the Secretariat for
Interior Affairs. After interrogation I was taken to the garage and the nursery
garden where I was kept for some 12-13 days. During all that time I was taken
out several times and beaten, and especially in the area of the head, knees and
stomach. In Rahic they were distorting my arms, and strangling me by the neck.
I learnt that this was done by some Croat soldier Glisic, I do not know his
first name...".
This witness was
also later in the prison camp in Tuzla.
3.3.1.3. The witness 617/95-17, born on December 17,
1960 was in the prison camp of Gornji Rahic from September 18, 1992 to October
2, 1992 when he was taken to the military penitentiary in Tuzla.Before the
investigating judge this witness on July 21, 1995 stated, inter alia, the
following:
"...After the
search and confiscation of our things, a Muslim soldier Senad Lisic from
G. Rahic entered the hall, whom I had known from before and started beating the
arrested Serbs, cursing their Serbian mother and Chetnik mother. He was also
hitting me several times with an open hand. In the premises of the communal
building I was detained until October 2, 1992. During that time I was taken
very often for interrogation, mostly in the night hours. During interrogation
we were every time beaten mostly with fists, batons, boots. In that hall there
were some 200 detained Serbs from the area of the Local Community of Bukvik.
During all the time of our imprisonment in these premises we were sleeping on
the floor...Food consisted of a cup of tea and a small slice of bread, and
sometimes of several spoons of rice cooked in plain water...".
Medical commission
consisting of specialists in forensic medicine and neuropsychiatrist, after
examination of the witness 617/95-17 on December 25, 1995 gave the following
opinion: "As a consequence of serious physical injuries and psychological
trauma suffered during imprisonment the witness 617/95-17 developed chronic
depression and sleeping disorders in the sense of nightmares and consequent
insomnia, which considerably reduce his existential and work capabilities"
(794/95-B-24).
3.3.1.4. The witness 617/95-18 was born on February
4, 1956 in Obudovac, and testified before the investigating judge about his
sufferings in the prison camp in Rahic, saying the following:
"...Immediately
after detention in the same room they started interrogating me: Osmanovic
Osman and his brother Fehrat, Fazlovic Ferid, Tatarovic Asmir and Peljto
Mensur, all of them from Brcko. I knew them from before from Brcko...During
the interrogation, except for Osman Osmanovic, all the others were beating me.
They were kicking me with boots, and beating me with fists, batons, pieces of
metal rods, riffle butt and other objects. They were hitting me all over the
body but mostly over the head and back. They were beating me every day 3-4
times, mostly at night...They would kick me on the floor, place the pistol
barrel in my mouth, place it on my temples, take a knife and put it on my neck
and similar. Beating lasted all of the 55 days that I was detained in those
premises. During all that time we were lying on bare concrete, without any
mattresses or covers, and were given small quantities of food only once per
day. The food consisted of one slice of bread not bigger than 10-15 grams and
one or two spoonfuls of cooked rice without any spices...They were taking us to
dig out unexploded mortar shells and howitzer grenades...".
3.3.1.5. The witness 617/95-36, born on March 1, 1938
in Lipovac, testifies that in early 1992 Croat and Muslim population of the
village of Lipovac formed its units which were armed ‘to the teeth’. The formed
units started threatening the population of Serbian nationality with claims
that all Serbs from that village and from the other Serbian villages will be
killed or expelled. On May 9, 1992 the witness was taken to the Muslim village
of Gornji Rahic and detained in the garage within the nursery garden. He
testified as follows before the investigating judge:
"...I was
questioned personally by Galib Hadzic from Brcko who was before the war
an investigator at the Secretariat for Interior Affairs. During the
interrogation Galib was cursing my Serbian mother, saying that I was a Chetnik
and was beating me. He was kicking me with boots, and beating me with baton and
fists... They were beating me every day, mostly at night from midnight to 03:00
hours. During every beating they were threatening me that I will be killed...
During the beating that I suffered in Rahic I had six of my teeth broken from
the upper jaw and they made several cuts on the outer part of my right hand.
From the kicks they I received I feel terrible pain in the ribs on both sides
and have headaches because they were hitting me with fists on the head..."
Let us mention that
this witness states that "the village of Lipovac is now located between
the lines, so that one side is controlled by the Serbian units and the other
side by Muslims and Croats. Therefore, the village of Lipovac is inaccessible.
In the village of Lipovac Dusan Djokic, Mirko Djokic and another two persons
were killed, but I do not know their names". (The witness was questioned
before the investigating judge of the Municipal Court of Brcko on July 27,
1995).
After medical
examination of the witness 617/95-36 on December 24, 1995 in Brcko General
Hospital, medical commission of specialists in forensic medicine and
neuropsychiatry gave the following opinion:
"I - Deformity
was detected of the IV finger of the right hand (described under item 3 of the
find) on the basis of the X-Ray, as a consequence of suffered injury of the
bone and joint system in the area of this finger, caused by the action of a
blunt mechanical object (like boots, batons, riffle butts, etc.).
II - Swelling was
detected in the area of the III finger of the right hand (described in item 4
of the find) on the spot of suffered injuries, and on the basis of anamnesis -
most probably caused by a blunt mechanical object (like boots, baton, riffle
butt, etc.).
III - As the
consequence of suffered injuries the witness 617/95-36 has developed ancylosis
of the fingers of the right hand and damages of the elbow nerve reducing his
living and working capabilities". (Find and opinion of the medical
commission of medical experts 794/95-B-8).
3.3.1.6. The witness 638/85-8, 33 years old, a
butcher by profession from Brcko, born in Vujicici, testified, inter alia,
about the behavior of Hadzic Galib called "Gale":
"...Hadzic
Galib called "Gale" was abusing some of my compatriots, and
personally I saw him beating Ilija Dragicevic, Borko Vujicic, a certain Laza
and some others that I do not know their names. He was beating them with
batons..."
3.3.1.7. The witness 638/95-11 was born in 1967 in
Brcko and had spent 17 days in the prison camp in Gornji Rahic and he was also
before the investigating judge especially emphasizing the crimes committed by
Hadzic Galib "Gale". The witness stated the following:
"... During
that time I was beaten up 24 times, and in this the foremost was a certain
Galib...From that period I remember that my co-fighters had passed through
great physical torture: Ilija Dragicevic, Simo Pantelic, Cvijetin Vasiljevic
who were also beaten up and tortured until exhaustion...It should be pointed
out that Galib was very cruel but also very dangerous during interrogation. On the
desk he was keeping knives and scalpels and said to me that he will cut off
three of my fingers on the hand and my toes if I do not confess to what he was
asking me to confess... One day that man Galib took off all of my clothes and
then started to beat me with a baton from feet to head every millimeter of my
body. I had swellings on my arms so my co-fighters were nursing me. This can be
confirmed by Djuric Nikola who is still in prison and by Radic Cvijetin who is
now in Brcko..."
3.3.1.8. The witness 640/95-2 was born in 1928 in
Bukovac and also testifies about the cruelty of Hadzic Galib "Gale in the
prison camp in Gornji Rahic and states, inter alia, the following before the
investigating judge:
"...One
inspector, called "Gale", a former director of "Tesla"
company, slapped me on the face three times asking about my brother Stojan, who
is an employee in the Secretariat for Interior Affairs. He was especially
forward in beating our citizens. I was seeing him with my own eyes beat people
up until they fell, with boots, fists and all sorts of objects, so that people
would faint and he would continue beating them. So he was beating Radic Pavo
and Pantelic Simo. I wonder how these people are still alive..."
3.3.1.9. The witness 638/95-9 is from Zabljak and during
the year 1992 was imprisoned in the prison camps in Maoca and Gornji Rahic.
This witness before the investigating judge stated the following:
"...In Gornji
Rahic we were detained in the hall of the village communal building where we
were questioned by Hadzic Galib and Fazlovic Ferid, and I was harassed
and beaten by Kalic Nijaz called "Bego" and two unknown to me
young men. I would recognize them if I saw them. They were kicking me with
boots, hitting me with fists and riffle butt, so that they caused me serious
body injuries, and from time to time I would faint. They were also beating the
other prisoners. I am now having visible scars on the body, which I wish to
show the court in the area of legs and head..."
Medical commission
of specialists for forensic medicine and neuropsychiatry after examination of
this witness on December 24, 1995 in the Brcko General Hospital, gave its
opinion and find. The commission states the following in its find:
"I - Scars
were observed on the right shin (described in items 3 and 4 of the find) caused
on the places of inflicted injuries in these areas, and on the basis of the
form of scars and anamnesis, most probably on the places of inflicted cuts made
by a blunt mechanical object (like boots, batons, riffle butt, etc.).
II - Bone scars
were observed - calluses on the II, III, IV, V, VI, VII and VIII ribs on the
left side with lightly deformed basis of the said ribs, caused in the places of
fracture. These fractures of the ribs were caused ny blunt mechanical objects
(like the kicking with boots, hitting with riffle butts, batons, etc.) and
these fractures in themselves at the time they were inflicted, were a serious
body injury.
III - As a
consequence of serious physical and psychological trauma suffered during
imprisonment and expulsion from his home the witness 638/95-9 developed an
extended anxiety and depression which considerably reduces his general living
and working capabilities". (794/95-B-6).
3.3.1.10. The witness 634/95-9, born 39 years ago in
Puskovac - Lopare, was taken on September 14, 1992 to the prison camp in Gornji
Rahic. The witness stated the following before the investigating judge:
"...We were
all first searched and everything taken away from us, and then we were taken
for questioning and many were tortured and beaten. I have personally seen Omer
Causevic beating the prisoners, and especially I remember that he was
beating even children, more precisely boys 15-16 years old without any cause,
although they had the duty to bring water and he was hitting them with fist and
kicking them with boots. He was outstanding for his cruel treatment of
prisoners. I wish to point at the behavior also of a certain Andjelko
Jurkovic called "Gago" who was a hard-core Ustashi and was
wearing the sign "U" on his uniform, and every time was saluting with
a raised hand and a shout "for home ready". He was insulting and
beating us the most. I was an eye-witness when he ordered for a young girl to
be brought to him and when she came they threw her on the back seat of his car
and then he also entered the car. I could not watch any longer and I do not
know what was happening. I remember that the girl was crying when she was
brought so she was obviously not willing to go with him, and he did not even
know her name because he said ‘bring me that little dark one’...".
3.3.1.11. The witness 679/95-17 was born on April 7,
1969 in Brcko and during the years 1992 and 1993 was detained in the prison
camps in Rahic, in Maoca and finally in Tuzla. In these prison camps he
suffered great torture which is testified by the finds of the medical
commission of specialists who examined him on December 25, 1995.
The witness
679/95-17 stated the following before the investigating judge:
"...The
director of that prison camp was some Muslim, but I do not know his name. I
know that in that camp was a man called Galeb, a former policeman from Brcko
and Osmanovic Osman who knew me from before. In that camp was also a
certain Mirsad who was called "Zuco" and the others that I do not
know their names. Further to the above stated persons there was also one Croat
in the uniform bearing the HVO insignia who was called Ilija Kelava and he was
from Croatia. They were personally taking out the detained Serbs during the
night into other premises where they would torture them in all the possible
ways. Further to the said persons, also a certain person called
"Sok", and "Kobra" were also taking part in the torture,
and the talk was that they were from Croatia, also Vesna Gunje, who was
before the war working in the cafe "Boem" in Brcko, a certain Asmir
from Brcko, Peljto Mensur, Misic Mirsad, Suljuc Damir called
"Makija", all of them from Brcko and former employees of the Public
Security Service. Among them was also Hadzic Galib called "Gala",
Osmanovic Osman called "Osmo" and Bilic Vinko called
"Bili". I was taken very often to the other premises during the
night by "Sok" and "Kobra" and, while taking me out, first
they cut off a part of my left foot (the tribunal finds that the witness shows
a large cut on his left foot between the middle and the fourth toe and between
the large and the middle toe)... "Sok" and "Kobra" were
piercing my chest from the front side and at the height of my right nipple
towards the right arm-pit with a timber boring machine. Furthermore, with a
knife in several places they had cut my left and right ear lobe and the scars
are still visible. With a special device in the form of a hook they tried to
gauge my left eye and I am still wearing a scar. While taking me out they were
constantly cursing my Chetnik mother, saying that I will be liquidated and that
there is no life for me. The above stated persons were extinguishing their
cigarettes on my spine and I am still having visible injuries, they were
hitting me with pieces of wood some 1 meter long and 5-6 cm in diameter, with
batons, with boots, fists, automatic riffle frames, riffle butts and all the
other objects and over all the parts of my body. They were especially beating
me in the area of kidneys, spine and head. Most often they were beating me
until I would faint and then they would pour water over me and take me away.
Many times they tied my right hand to my left leg with wire and the scars are
even visible today. I was imprisoned in the camp of Rahic for two months and I
do not know how many times I was taken out and beaten up until I fainted during
that time. I do not know whether my ribs were broken in the process, but I do
know that my right side of chest is now lower and from the beatings that I
received I am feeling strong pain in the area of the chest, spine, kidneys even
today...".
This witness was
also speaking about very poor conditions in which the Serb prisoners were
living, further to all the torture, and stated the following:
"...During all
the time of detention in that camp we were lying on bare concrete without any
cover or mattress, and once per day were given a slice of bread because one
loaf of bread were divided on 13 prisoners. With that bread we were given 5-6
spoon-fuls of some cooked food, completely tasteless and without any
spices..."
This witness had a
medical examination on December 25, 1995 at the Brcko General Hospital by a
medical commission, two specialists in forensic medicine and one specialist in
neuropsychiatry.
The find of the
medical commission is the following:
3. "In the area of the nose
bridge in the middle third part there is a deformity in the form of a bone
swelling. Deviation of the nose partition to the right so that the patient has
difficulties in breathing";
4. "In the area of the right
upper arm on the inside in the middle third part, while flexing the arm at the
elbow a bulge appears of the size of an egg, slightly painful to the
touch";
5. "In the area of the right
nipple there are two grey-white scars size 17x15 mm and 10x7 mm, one beside the
other, of an irregular shape and clearly limited from the surrounding area,
while the surrounding skin is slightly wrinkled and coarse ("Pierced with
a screw twice, and then they extinguished cigarettes in that wound");
6. "On the right side of the
chest, in the height of the back pit line, there are oval shaped whitish scars
size 5x6 and 4x5 mm, clearly distinct from the surrounding area";
7. "In the height of the 5th
flank vertebra, in the central line, there is a regular shaped oval inside the
scar size 12x12 mm ("from the screw-driver");
8. "At 4 cm distance to the left
from the central line of the back, in the height of the 4th and 5th
flank vertebra there is an elongated whitish scar, of indistinct limits from
the surrounding area, size 35x6 mm";
9. "On the upper side of the left
foot, between the 1st and the 2nd toe a longitudinal,
regular shaped dry-whitish scar size 10x2 mm ("cut with a knife and on the
same spot extinguishing of cigarettes"), and
10. "On the upper side of the left
foot between the 2nd and the 4th toe a longitudinal,
irregular scar on the skin size 65x7 mm with several lateral scars ("cut,
the wound sawn in the camp").
In the opinion
given on the basis of anamnesis and the objective examination of the witness
679/95-17, medical commission stated the following:
o
deformities found
on the nose, described in item 4 of the find, and X-Ray confirmed bone
thickness of the nose bones, caused by injury of the nose with a blunt
mechanical objects, and on the basis of anamnesis and the shape of the
described deformities on the nose, caused most probably by hits with blunt
mechanical object in the face (kick with fist, boot, riffle butt, etc.);
o
the bulge was
found on the right upper arm as described in item 4 of the find, on the place
of previously suffered injuries in the form of battered skin and subcutaneous
soft tissue, caused by a blunt mechanical object (such as kicking with riffle
butt, boot, baton, etc.);
o
scars found in
the area of the right nipple (described in item 5 of the find) and on the left
foot (described in item 9 of the find), formed from previously suffered
injuries, and on the basis of the shape of these scars and the anamnesis, on
the places of cuts suffered and burns caused simultaneously with a tip and a
sharp edge of a mechanical object and cigarette fire. If the anamnesis is to be
accepted about the manner in which these injuries were inflicted, it may be
concluded that these injuries were followed by pain of a very high intensity;
o
a scar was found
on the right side of the chest, described in item 6 of the find, formed on the
place of previous injury. On the basis of its appearance and anamnesis it is
possible that this scar was formed on the place of the burn caused by a
cigarette. During and after the infliction of this injury there was pain of
high intensity;
o
a scar was found
in the flank area described in item 7 of the find, formed on the place of
inflicted injury, and on the basis of the appearance of the scar and anamnesis,
it is possible that it was formed on the place of injury inflicted by a
screw-driver. During and after the infliction of this injury there was pain of
high intensity;
o
scars were found
on the left flank side described in item 8 of the find, formed on the place of
previously inflicted injuries, and on the basis of the appearance of scars and
anamnesis, most probably on the places of cuts caused by a blunt mechanical
object (including riffle butt, batons, boots, etc.);
o
a scar was found
on the left foot described in item 10 of the find, formed on the place of
previously inflicted injury, and on the basis of the appearance of the scar and
anamnesis, most probably was formed on the spot of previous cut, caused by the
tip and sharp edge of a mechanical object;
As the consequence of serious physical
injuries and psychological trauma suffered during imprisonment the witness
developed nightmares in the second half of the nights’ sleep, with the
accompanying insomnia, which is significantly reducing his general living and
working capabilities (find and opinion of the medical experts 794/95-B-19).
3.3.1.12. The witness 679/95-18 was born on May 8, 1956
in Leblanica - Lopare, and described before the investigating judge on August
8, 1995 the living conditions in the prison camp in the village of Gornji
Rahic, and stated that in the prison camp he found Milenko Radusic, whom he
knew from before and another dozen of the detained Serbs whom he did not know.
The witness, inter alia, stated the following:
"...Asmir
Tatarevic, whom I knew because he was employed in Luka in Brcko, stuck awls
between fingers of my two hands and feet and the scars are still visible today.
After piercing me with the awls, Asmir cut off a part of the muscle from the
interior
side of my left
tight and forced me to eat it. A
group of Croat soldiers was with Asmir, and there was talk about them that they
are from the Paraga units... Because of every day torture, harassment and
beating I had one day with a piece of glass cut my veins on the left hand.
However, the guard noticed that and called a certain doctor Trumic who sawed my
veins and there was no excessive bleeding. After this I was at all times tied
down so that they would prevent me from committing suicide. Croat and Muslim
soldiers during the stay in the said prison camps most often were having their
fun by extinguishing their cigarettes on my back and even today the wounds are
opening. Croat and Muslim soldiers were cutting me up in the area of the chest
in several places with knives, and especially outstanding in this was a soldier
called "Kobra". They were threatening to pull with pliers our nails
out. In the torture and harassment of prisoners the most outstanding were Peljto
Mensur, a carate player from Brcko, Mehmedbasic Mirsad called "Zuco",
a former mailman, a certain Vesna from Gunje who was employed in the suburbs
"Solidarnost" as a waitress, my former neighbor Rasid Biljic who was
taking me out every evening and was beating me up, Causevic Omer, Hodzic Nijaz
a former inspector at the Secretariat for Interior Affairs of Brcko, Hadzic
Galib called "Gale", Imamovic Osman called "Osmo" and
Fazlovic Novalija. I knew them all from before because all of them are from
Brcko..."
Further to the Serb
prisoners, whose names are stated hereinabove and who were in the prison camp
of Rahic, about the conditions of living of Serbs in those camps and their
torture, the following witnesses have given testimony:
EVIDENCE: Witnesses:
617/95-1, 617/95-13, 617/95-4, 617/95-6, 617/95-, 617/95-14, 617/95-20,
617/95-22, 617/95-25, 617/95-27, 617/95-40, 679/95-21, 679/95-30, 679/95-33,
634/95-2, 634/95-3, 638/95-2, 638/95-3, 638/95-4, 638/95-5, 638/95-7,
638/95-10, 638/95-11.
It is necessary to state here that most of
the above stated witnesses suffered torture not only in the prison camp of
Rahic, but also in Maoca, in the village of Ulice, and some of them, as already
stated, also in Tuzla. As the perpetrators of the crimes against them appeared
the same persons in several camps in the area of the municipality of Brcko.
Finally, it is important to underline here
that the Municipal Public Prosecution of Brcko filed the Indictment No. Kt.
70/93 of June 8, 1994 against PLJAKIC RAMIZ, commander of the 108th
HVO Brigade of Bosnia-Herzegovina, AVDI KADRIJA, HADZIC GALIB, CAUSEVIC OMER and
KALIC NIJAZ in connection with establishment of prison camp in Gornji Rahic and
other camps in the area of the municipality of Brcko, for the war crimes
against civilian population from Article 142 para. 1 taken over from the Penal
Code of the Socialist Federal Republic of Yugoslavia.
3.3.2. Prison Camp in the Village of Ulice
According to the
available data in the prison camp in the village of Ulice, municipality of
Brcko, a smaller number of prisoners of Serbian nationality were imprisoned
than in the prison camps of Rahic - Gornji and Donji, most probably because of
a smaller capacity of the buildings where Serbs could be detained.
One number of the
members of Serbian nationality detained in the prison camp of Rahic were at one
time also in the prison camp in the village of Ulice, and some Serbs were
detained in the prison camp in Maoca.
The testimony of
several witnesses confirms that they had the opportunity, unfortunately, of
seeing the same torturers in two or even three prison camps.
What was
characteristic for the prison camps in Rahic and what is also characteristic for
the prison camps for members of Serbian nationality also in the areas of Orasje
and Bosanski Brod, which shall be discussed further hereinafter, was also
characteristic for the prison camp in the village of Ulice.
The living
conditions were unsatisfactory even for the most basic needs, inmates were
sleeping on the floor, they had insufficient and poor quality food, and were at
all times subjected to ruthless beating, various types of torture and were
often grossly injured.
Evidence that
certain Serbs were imprisoned in several prison camps in the area of the
Municipality of Brcko are the witnesses 617/95-40, 634/95-3, 679/95-21,
638/95-2 and others.
On the basis of
testimonies of certain witnesses of Serbian nationality who were detained in
the prison camp in the village of Ulice, the perpetrators of the tortures of
Serbs in the said camp are the following persons:
1) SIMIC MARKO (witnesses: 617/95-13,
617/95-39, 634/95-3 and 638/95-2);
2) PARIC DANIJEL (witness: 638/95-2);
3) IVELJIC ANTO called "Posavac"
(witness: 638/95-2), and
4) KOVACEVIC DUNJA called
"Kundi" (witness: 638/95-2).
3.3.2.1. The witness 617/95-13, born on August 27,
1935 in Bukvik, stated that he was detained in the prison camps in Ulice, Rahic
and finally in Tuzla.
Before the investigating
judge the witness testified on July 21, 1995 to the following:
"...In the
village of Ulice, while we were detained in the promises as I have already
explained, myself and my son were mostly beaten by Marko Simic from the village
of Ulovic which is an adjacent village to ours. I knew him from before and he
was beating me the most. Further to Marko, we were also beaten by the Croat
soldiers and I do not know their names. These soldiers were saying that they
are from Croatia..."
3.3.2.2. The witness 679/95021 born on May 4, 1948 in
the village of Gornja Skakava - Brcko, was detained for 17 days in the prison
camp of the village of Ulice, starting from June 8, 1992.
The witness states
the following:
"...During all that time I was taken out
and beaten often. I was beaten by the soldier named Senad but I do not know
anything else about him. He was tying me down with hand-cuffs and then would
kick me with feet with the boots on, hit me with fists, riffle butt and batons.
From the beating I had a fracture of the teeth in the upper jaw on the left
side, fracture of the 6th and 7th left ribs. From the
beating also the cartilage of my left ear was fractured so my ear is now in an
unnatural position. They were beating me on the head and I still have terrible
pain even today and vertigo. We were lying on the bare floor and were given
food once per day, a slice of bread and 2-3 spoonfuls of some stew..."
The witness 679/95-21 on December 25, 1995
had a medical examination by the medical commission of specialists for forensic
medicine and a neuropsychiatrist. This medical commission, on the basis of
anamnesis, present disorders and on the basis of the objective examination,
gave the following opinion:
I - Scar and deformity of the left ear were
found, as described in item 3 of the find, formed on the place of previously
inflicted injury and on the basis of the appearance of the scar and anamnesis,
most probably from the inflicted cuts and bruises caused by the blunt
mechanical object (such as kicking with boots, riffle butts, batons, etc.) -
(794/95-B-16).
3.3.2.3. The witness 617/95-39 born in Bukvik, stated
before the investigating judge that in the prison camp in the village of Ulica
he had spent 110 days, and regarding the living conditions during that time, he
said the following:
"...The chief
of police which was guarding us in that prison camp was Marko Simic from the
village of Ulovic. Together with Marko was Dadjo from Croatia whom I did not
know before. There was also there a certain Braco from Croatia. They were mostly
the ardent ones in the beating of the detained Serbs. They were hitting me with
a baton all over the body, and mostly over the head. They were taking us out
during the day, but mostly at night and even several times and then they would
beat us...I know that as a consequence of the beatings I had a disorder in the
balance center, so I could not stand up or move... Every day I was taken out
with a group of detainees to dig trenches at the stretch Ulice, Gorice, Laniste
and Donji Rahic..."
3.3.2.4. The witness 638/95-2 born in 1960 in Brcko,
stated that he was detained in the prison camp in the village of Ulice, and
when speaking of the persons who were physically torturing the imprisoned Serbs
this witness stated the following before the investigating judge:
"...In the military police were Simic
Marko, Paric Danijel, Iveljic Anto called "Posavec", Dunja Kovacevic
called "Kundi". The said persons, members of the HOS military
police, started beating us as soon as we arrived. They were beating us with
their feet, batons and other objects, all over our bodies. This was lasting
some one hour and a half, and during that time some twenty persons were beaten
up...During this torture members of the HOS police were forcing us to have a
fight with each other, so I had to fight with V.P....."
EVIDENCE: Witnesses: 617/95-13, 617/95-22, 6617/95-34,
617/95-39, 617/95-40, 638/95-2, 634/95-3 and 679/95-21.
3.3.3. Prison Camp in Zovik
A smaller number of
members of Serbian nationality testified about their detention in the prison
camp in Zovik. The witnesses did not state concretely the names of persons who
were torturing them.
What is a common
feature in the testimony of the heard witnesses are the statements that the
living conditions were bad, that food was poor and insufficient, and it was
individually stated that the inmates-men of Serbian nationality were sent to
dig trenches at the front lines during the combat actions, that the prisoners
were beaten up and that during the arrival at the camps all their valuables
were taken away.
EVIDENCE: Witnesses: 617/95-35, 679/95-5, 679/95-33, 638/95-1,
638/95-5 and 638/95-6.
3.3.4. Prison Camp in Maoca
3.3.4.1. Regarding the living conditions in the
prison camp in the village of Maoca and in the prison camp in Zovik, not many
witnesses - eye-witnesses were heard.
However, from the
testimony of the witnesses that were heard, several concrete persons were
identified as perpetrators of crimes against members of Serbian nationality in
this camp.
Perpetrators of
crimes are the following:
1) PELJTO MENSUR (evidence: 679/95-18)
2) VESNA, from Gunje (evidence:
679/95-18, 671/95-17)
3) CAUSEVIC OMER (evidence: 679/95-18)
4) HADZIC NIJAZ (evidence: 679/95-18)
5) HADZIC GALIB (evidence: 679/95-18,
638/95-9)
6) IMAMOVIC OSMAN "Osmo"
(evidence: 679/95-18)
7) FAZLOVIC NOVALIJA (evidence:
679/95-18)
8) AVDIC KADRIJA (evidence:
679/95-17), and
9) FAZLOVIC FERID (evidence: 638/95-9)
3.3.4.2. The witness 679/95-17, who had the
misfortune of being also the inmate of the prison camp in Gornji Rahic, as
mentioned earlier in this document, and a prisoner of the District Penitentiary
in Tuzla, was also imprisoned in the prison camp in the Muslim village of Maoca
for 2 months during the year 1992.
This witness before
the investigating judge of the Municipal Court of Brcko, on July 18, 1995 gave
his testimony and, inter alia, stated the following:
"...From the
prison camp in Rahic, after spending some time there, I was transferred to the
adjacent Muslim village of Maoca and was detained there in some garage
building. The entire group with which I was in Rahic was located in these
premises. In the group were also P.A. from Brcko, K.D. from D. Miholjac from
Croatia and J.LJ. from Samac. After a few days Serbs from Bijeljina were also
brought there, some five of them. One of them was called M.S. and two had a
family name of Subaric. I do not know other details about these persons. I do
know, however, that one of these Subaric’s was killed in the presence of the
entire group. Vesna from Gunje, who was wearing the uniform with the insignia
of the green berets, slit his throat with a knife. That man was wounded and Vesna
slit his throat in the presence of us all. His body was staying for two days in
front of the room in which we were detained, and afterwards they covered him up
with a rug and took him somewhere. That man was between 35 and 38 years old.
They were treating us very severely, taking us every day out for beating, the
food was as poor as it was in Rahic. We were sleeping on bare concrete and were
kept there for some two months. The director of the prison camp in Maoca was
Kadrija Avdic, a former policeman from Brcko. He was personally torturing us,
prisoners, and was also bringing other soldiers to take us out and beat us up
until we would faint. They were at all times threatening to kill us all and
were saying that there is no life for us. From this group which was detained
with me in the prison camp in Maoca every day the imprisoned Serbs were taken
for forced labor, but I was not taken. I know for sure that Vasiljko Todic and
Aleksandar Pavlovic were taken and upon their return were telling us that they
were forced to extract non-exploded grenades. They will probably testify in
more detail about all this..."
3.3.4.3. One of the inmates - a Serb, imprisoned in
the prison camp in the Muslim village of Maoca was also the witness 679/95-18,
born in 1956. This witness was detained in several prison camps and concretely
was also in the camp of Gornji Rahic and his testimony about the days of
imprisonment is stated above.
This witness on
August 18, 1995 testified before the investigating judge and also stated, inter
alia, the following:
"...During the
detention in the prison camp in Rahic and Maoca, Croat and Muslim soldiers were
taking me out and D.Z. to extract non-exploded artillery grenades of 155 mm
caliber. During the excavation of the grenade I did hit the grenade with the
spade on the fuse so that it would destroy me. However, the grenade did not
explode. I wished it would explode because the torture was of such intensity
that I could not stand it any longer..."
From the testimony
of this witness it is not quite clear whether some of the perpetrators of
crimes were both in the prison camp of Rahic and the prison camp of Maoca,
because he was in both camps, although this possibility is not excluded bearing
in mind, for example, the testimony of the witness 638/95-9 before the
investigating judge stating that he was first interrogated and tortured in
Maoca by Hadzic Galib and Fazlovic Ferid, and that later he was in the camp of
Rahic, where, further to the others, also the above stated persons were
interrogating him and that he was especially beaten by Kalic Nijaz called
"Bego".
3.3.4.4. The witness 638/95-9 born in 1933 in
Zabljak, who was as it was earlier stated, imprisoned in the prison camp of
Rahic, testified before the investigating judge of the Municipal Court of Brcko
that in the prison camp of Maoca he was interrogated and tortured by Hadzic
Galib and Fazlovic Ferid.
3.3.5. Prison Camp in the Village of Boce
In the village of
Boce in the area of the municipality of Brcko, in the premisses of the school
and local community hall, during the year 1992 there was a prison camp where
mostly women, of Serbian nationality, and children were detained.
The evidence gathered
shows that members of Croat and Muslim army had raped women - inmates of the
said prison camp.
The evidence is
available for several cases only but this does not exclude the possibility that
there was a far greater number of rapes of Serbian women imprisoned in this
prison camp. Namely, it is well known that women often because of the
environment in which they live, certain customs and prejudice, are often not
reporting that they were victims of rape.
3.3.5.1. The witness - rape victim 617/95-16, born on
July 18, 1963 in Gunje, testified before the investigating judge of the
Municipal Court of Brcko on July 21, 1995 in the criminal case against NN,
perpetrator of the criminal offense from Article 142 taken over from the Penal
Code of the SFRY.
The witness
617/95-16, having stated that on September 14, 1992 she was present in the
village of Bukvik, that during the attack of the Muslim units on that village
Serbian population abandoned its homes and escaped into the woods, and that she
herself, with young children: a daughter 11 years old and a son 9 years old and
her mother-in-law escaped into the woods, that they were discovered the next
day by the Muslim soldiers and taken to the Muslim village of Rahic and, after
two days of detention, were transferred to the village of Boce populated with
inhabitants of Croat nationality, that they were detained in the school
premises, underlined the following:
"...Croat
soldiers were insulting us, cursing our mother, threatening to have us all
killed and similar. One night, I think it was September 17 or 18, 1992, in the
room in which we were lying on the floor my children beside me and a bit
further from me my mother-in-law and her mother-in-law, entered a woman with a
strong flash light pointed towards us lying on the floor, and after a brief
moment she left. Immediately after that one Croat soldier entered and he called
me to come out of the room. However, I started to cry and he grabbed me by the
hand and took me by force out of the room. He brought me into some corridor and
started to insult me saying that I am a Serbian garbage, then ordered me to lie
down on the floor. Another Croat soldier came and started tearing my clothes
off, placing the barrel of his pistol into my mouth so that I would not shout
and cry, and then he raped me. Immediately thereupon I was raped by the other
soldier who was there and, in the meantime, a third one came but he did not
rape me. This third one said: let us run, our time is up, because the commander
allowed us to stay for only 15 minutes...The next morning Lj.T. from D. Bukvik
asked me whether something had happened to me so I told her ‘yes’ and it was
sufficient for her to know what had happened. I did not know from before the
soldiers who raped me, but I know that they were Croat soldiers, because this
is a Croat village and in that area Croat army was stationed...That same
evening from the room in which I was detained S.S., S.K and her sister that I
do not know the name of, were taken out and raped, all of them are from L..."
The witness
638/95-2 from Brcko, the husband of the rape victim witness 617/95-16, having
confirmed that immediately after September 14, 1992 women and children were
separated from younger men and together with the aged taken to other villages
and to the village of Boce, stated, inter alia, the following:
"...My wife K.
was captured during the escape in Bukvik and together with my mother was taken
to Boce, and a lot of women and children were taken there, as far as I know
there were some 40-50 women and girls in Boce. While I was still in the prison
camp in Ulice I heard that my wife K. was raped in Boce. I heard this from
Carapic Vjekoslav who was in the HOS military police. Afterwards, some time in
September my wife’s brother came, and with the help of one former policeman in
the Secretariat for Interior Affairs of Brcko, he took my wife and children
from Boce. We met in Ulice where my wife told me how she was raped in Boce. She
told me that the main organizer of the rape was a certain woman called Fata who
used to work as a waitress in Boce. My wife told me that this woman Fata came
during the night into the room where women were detained and would look for
them while they were asleep and would take out four by four, to be raped. She
did not know the names of the men who raped her, only she told me that they
were local inhabitants, Croats. She also said that S.S., S.K. and her sister I.
were also raped..."
3.3.5.2. The witness - rape victim 144/95-4 born on
February 14, 1974 in Brcko, on January 25, 1993 gave a written statement
recorded in the Public Safety Station in Brcko, stating, inter alia, the
following:
"...After the
destruction of the bridge in Brcko on April 30, 1992 at some 07:30 hours, the
neighbors Vilic Ramiz, his son Meho, a certain Sefik and another man unknown to
me came into my house in the suburb of "Interaj" in Brcko, while my
parents were away from home. They were in uniforms and were armed with
automatic guns, saying that I must come with them, so that they would allegedly
save me from the war actions...In Gornji Rahic they placed me in the primary
school building where there was a lot of other people, mostly Muslims from
Brcko, and I spent the night there...The next day at some 17:00 hours Ramiz
came to school with Mujkanovic Farid so they took me to Maoca to the Crisis
Staff (Headquarters) which was located in a building adjacent to the communal
hall. They took me to the office on the floor where we remained alone, Ferid
and I, and Ramiz went somewhere. Farid started to question me, asking about my
father and brother who were in the army, and also asking about my family...On
May 1, 1992 in the evening Farid came and told me if I slept with him that no
one will touch me and no one will harm me. When I refused, he came closer and
slapped me on the face, kicked me on the floor and raised my clothes. In spite
of my resistance he raped me, torturing me for some half an hour. After that
Farid left the office, and Vilic Meho entered, son of Ramiz. He did not tell me
anything but started to beat me and he also raped me torturing me like Farid
for some half an hour, and then he left and I remained alone the entire
night...After a certain time in the morning, while I was alone in the office,
three young men came in uniforms, of Croat nationality, saying that they were
sent by Farid to have the talk with me. They were questioning me asking like
Farid about my father and brother. After the interrogation, without any reason
they pushed me down on the floor and started to beat me. One young man was
holding my legs, the other one my arms and the third one raped me, and so they
took turns. After this torture all the three of them left, but came again the
following days, torturing me and asking about my father and brother. On one
occasion the two of them left and the third one remained, who raped me and
kicked me saying that it is better for me to be only with him than to have the
others arrive...In June 1992 after I noticed that I was pregnant, my brother
took me to Novi Sad where I had an abortion..."
The Public Safety
Station of Brcko filed with the Military Prosecution in Bijeljina criminal
charges number: 18-5/02-230-2-8/93 of February 1, 1993 against the following
persons:
1) MUJKANOVIC FARID, son of Hamdija,
born on July 1, 1966 in Maoca, municipality of Brcko, graduate of the Military
Academy in 1987;
2) VILIC MEHMED called
"Meho" from Brcko, residing at 19, Mevludina Capica Street, born on
June 5, 1969 in Brcko, of father Ramiz and mother Sevala, maiden Kladnjakovic,
Muslim by nationality, in connection with the above stated case and for the
criminal offense of a war crime against civilian population, from Article 142
taken over from the Penal Code of the SFRY.
Together with the
criminal charges, inter alia, the written statement of the witness - rape victim
144/95-4, was enclosed as well as the letter of discharge of the victim in
connection with her examination at the Clinic for Gynecology and Obstetrics in
Novi Sad.
3.4. PRISON CAMPS IN ORASJE - DONJA MAHALA
In the month of May
1992 the first arrests of Serb civilians started in the area of Orasje and
practically throughout the period up to July 11, 1992 Serbs were being taken to
the prison camps. In the village of Bukova Greda Serbs were in masses taken to
the camp and, not just by chance, this happened on the Day of Victory over
Fascism - May 9, 1992. Serb civilians from Orasje were detained in the
Secondary School Center in Orasje where Serb women from Bukova Greda were also
detained. In the area of Orasje, as it was already said, four prison camps were
established : Orasje - Secondary School Center; Donja Mahala - a shed of Mirza
Filipovic called "Deljkovic"; in Donja Mahala - Primary School and
Domasevac - Primary School. According to some estimates in these camps there
were some 400 Serbs imprisoned. The majority of Serbs - prison camp inmates,
were civilians and in the prison camps in the area of Orasje a number of
captured members of Serbian nationality were imprisoned who were treated, like
the civilian prisoners, in an inhuman and undignified manner.
It must be pointed
out here that in the prison camps in the area of Orasje the most monstrous
torture on the Serb inmates was applied. Women were raped in groups, men were
cruelly beaten, and not a small number of the prisoners in the prison camps in Orasje
area were killed, or have died in the camps from the suffered serious body
injuries.
The best
illustration of how the Serb inmates, only for being Serbs, were tortured and
murdered and what was their general status in these prison camps, is the testimony
of the two surviving witnesses:
Thus, the witness
267/94-9, 637/95-6 while describing what was taking place in the prison camp of
Donja Mahala, states the following:
"They were
telling us: "You are living like mosquitoes during winter, and even if we
kill someone we will be charged only as we would be charged for killing the
neighbor’s pig".
The other witness
267/94-8 describes the events in the prison camp of Donja Mahala when the
then-Minister of Foreign Affairs of the Republic of Croatia, Separovic
Zvonimir, came for a visit, and saw the state in which the Serb inmates were
in, and when the prison camp commander Vincetic Pero told him that Serbs
detained in the camp are "the worst criminals", and Minister Zvonimir
Separevic commented this by saying "Simply speaking - they are all
Chetniks".
Beyond any doubt the
quoted comment by Minster Separovic in the best way, of course, together with
many other proof and evidence, shows that the official Croatia was directly
involved in the events in the former Republic of Bosnia-Herzegovina, and had a
lot of understanding for all the monstrosities that were inflicted on Serbs
imprisoned in the camps.
A large number of
Serb inmates testified about their own sufferings and the torture of the other
Serb prisoners, and even about the murders committed in the prison camps in
this area, and other evidence of these tortures will also be presented.
3.4.1. Torture - Body Injuries
Inflicted on Inmates and
Living Conditions in the Prison
Camp
3.4.1.1. The witness 267/94-3 describes an event in
the prison camp in the shed of Mirza Filipovic called "Deljkovic" in
Donja Mahala:
"...They are
leading Cedo Cvijanovic, a belt tied around his neck. One Ustasha is holding
the end of the belt, another one is hitting him on the back. Whenever this one
hits him on the back Cedo plunges forward. The other one pulls the belt back.
They were leading him to the shed as if he was not a man but an animal..."
3.4.1.2. The witness inmate 267/94-4 testifies about
the circumstances in connection with the deportation of Serb civilians from the
village of Bukova Greda to the prison camp, who were as himelf deported, and
about the torture inflicted in Donja Mahala:
"...On May 9,
1992 at some 05:00 or 05:30 hours members of military police from Donja Mahala
erupted into the village of Bukova Greda, members of the civilian police from
Orasje, members of the police from Ostra Luka and Boka and members of the
national guard unit from Slavonska Pozega. They surrounded the village and were
advancing from all the directions, fully armed. There were some 50-60 of them.
They crashed into courtyards and into Serbian houses and forced all Serbs that
they found there, to the center of the village - in front of the library. Among
them I recognized: Pero Vicentic called "Pera konj"... Mate Zivkovic
called "Rakijica" ...They took us to Donja Mahala and forced us into
a wooden shed. There were 33 of us in the truck."
The same witness
underlines:
"On that sam day of May 9th
the beating started. For example, Andrija was so much beaten that his jaw was
broken and this time he barely survived. Cedo was tied to a pillar and then he
was beaten, then they tied a belt around his neck. They were dragging him
around the courtyard, and Cedo was forced to imitate barking of a dog. Stevo
was so much beaten that he started to vomit and they were preventing him from
vomiting threatening to kill him. They were pulling the ears with pliers of
Pero Bozic, and from the beating all of his clothes were thorn. They took out
Savo Saric and started beating him with batons on the hands, then they pushed
the baton into his mouth crushing his tooth, then they hit him on the soles of
his feet until they started bleeding. Drago Bozic was kicked by foot by
"Pera konj" in the temples and Drago fell on the floor from the kick,
and Jovica Maksimovic was also beaten up. Such tortures were suffered by the
imprisoned Serbs. The crimes were committed mostly in groups and the main
torturers were: PERO VICENTIC called "Pera konj", MATO ZIVKOVIC
called "Rakijica", ANTO ZIVKOVIC called "Zika", MATO KLAJIC
called "Bandzo", DAMIR KLAJIC called "Dama", ILIJA ZIVKOVIC
called "Bogo", MARKO KNEZEVIC called "Lona", STJEPO DJURIC
called "Stile" and MIRKO VICENTIC called "Sore"... What was
even harder for me to bear besides the pains I was suffering during the
beating, was to hear the screams of my own father from the other room and to
see myself helpless that I could not help him. When they were beating me I did
not scream, so that my father would not hear. On one occasion, Ilija Zivkovic
called "Bogo" pushed a slipper into my mouth and ordered me to hold
the slipper until he comes back from Zupanja. He was beating me with a steel
chair, and Nikola Filipovic called "Nikso" was pressing me with the
legs of the chair. "Bogo" threatened to cut my ear off. He would
catch me by the ear and say: "Not this time, I will do it the next time. I
will tie down you and your father to the pole and will cut you up with the
electric saw".
Similar testimony about the torture in the
said prison camp and the perpetrators of crimes was also given by the witness
679/95-38.
3.4.1.3. The witness 267/94-5 (637/95-2) states the
following:
"... My anguish started on May 9,
1992...Military police expelled our entire family from the house...The men were
taken by truck to Donja Mahala, into the shed of Filipovic Mirza...in the said
shed they pushed us, and there were over 40 of us... The torture was carried
out by PERO VICENTIC called "Konj", MATE "Rakijica", "Bindzo",
"Metko", "Bogo", "Stile", "Dama",
"Josko", Anto Masic, one Bulgarian...as well as by a large number of
the policemen whose names I do not know... They were pushing rubber batons down
our throats, damaging my vocal cords, they would hit us with fists on the
throat, and all over the body with solid objects and boots. On the next day
they transferred us to the gym of the Secondary School Center in Orasje...
After one hour they returned me to Donja Mahala. There I found Cedo Cvijanovic
from Bukova Greda. They had cut off two fingers from his right hand (a thumb
and a small finger). He lost a lot of blood because of this, and in the evening
he was taken for liquidation...Torture and beating were taking place every day
and several times per day...They had broken my head so that now I do not have a
piece of skin on my head the size 15x5 cm. With pliers they were tearing my
ears, piercing my ears with staple machines, breaking my left arm and two
fingers on the left and one finger on the right hand, with a gun having a
tromblon extension they pierced my arm at the elbow, broke all my ribs on the
right side. I will not even mention the kicking with feet and solid objects...
I was forced to sit on a chair naked to the waist and could not get up until
the Ustasha finishes kicking my spine with his boots, hitting vertebra by
vertebra and from every kick I would fall from the chair. My back was so
swollen that I could not even move. They were beating me with iron chain over
my naked body. The greatest tortures were inflicted by "PERO KONJ",
then by MATO "Rakijica", "DAMA", "BANDZO",
"STILE" and IVICA KLAJIC from Donja Mahala. This last one kicked two
of my good teeth out from the upper and four teeth from the lower jaw. The skin
of my head was removed by a pistol hit by Anto Masic, and my arm was broken by
Djuric Stjepo called "Stile" from Boka. From the hitting over the
ears my hearing is now impaired...We were beaten on the sexual organs mostly
with solid objects by Elvira Hadziomerovic from Orasje and Nina Terzic from
Odzak...They were forcing the prisoners to various obscenities, only to
humiliate them. We had to suck each other’s sexual organs... They were forcing
us to fight each other and then they would show us by punches how to do a
knockout. They placed hands of many inmates into clamps, then they would tie
the wires around fingers and let the electricity on. The effects of torture
were not only physical but also psychological. Although I know that I am now in
the free Serbian territory, I can not have a normal sleep. I am again and again
reliving these monstrosities. If I fall asleep, I dream of all these scenes, it
is horrible".
The witness 637/95-2 stated some more details
on the events testified by the other witnesses in connection with torture of
other inmates. The witness states the following:
"...They were inflicting terrible
torture on the prisoners from Borovo. They killed Minja and Klipanovic Milan.
Elvira and "Babo" were piercing them with red hot iron rods and Pero
"Konj" shot in the leg Minja from a shot gun. Damir stabed a knife
through the hand of Damir, and pierced a tongue with a knife of Mirko Vidovic
from Borovo Naselje. He forced him to put his tongue out, the knife vibrating
while the blood was gushing from his mouth. He was piercing hands of Panic
Slobodan and Maksimovic Cvijetin with a knife. The knife would pass through a
hand and the board and they had to sing. Damir called "Dama" and Pejo
Filipovic called "Babo" placed the head of Gavric Andrija from Borova
Greda one day before his death into a bucket of water and were holding it
alternatively so that he had a bowl movement from pain, and while he was lying
unconscious the criminals were laughing out loud..."
the above witness
also underlines the following:
"They were often forcing the Serbs in
the prison camp to confess to their crimes in front of cameras of Croat and
foreign journalists, the crimes that they did not commit. In order to make the
confession more convincing they were not allowed to shave and for that occasion
they would provide traditional Serbian cap and kokarda which, after the
confession of one inmate, they would place on the head of the next inmate, then
on the third, so that they would leave a convincing impression".
The witness 637/95-2 stated that during his
arrival at the prison camp he had 92 kilograms of body weight and that he left
the camp with 58 kilograms.
3.4.1.4. From the contents of a written find and
opinion of the medical commission of specialists for forensic medicine and
neuropsychiatry, and on the basis of the medical examination of the witness
637/95-2, whose testimony was presented in the previous paragraph, and on the
basis of the medical files, it is established that the statements of the
witness regarding the injuries suffered in the prison camp in Donja Mahala are
true. In concrete terms, the find having been previously presented, the
following opinion was given:
"1. Bone scars
were found in the area of the 6th and the 7th right ribs
in the same line of the fracture of these ribs. These rib fractures are the
consequence of at least one action of the blunt mechanical object such as
fists, feet, knee and others, at the time of infliction, which in itself is a
serious body injury. After the fracture of the ribs there was pain of high
intensity followed by fear of high intensity.
2. The bone scar was found on the left
collar bone at the place of fracture caused by direct hit of the blunt
mechanical object such as the riffle butt, rod, baton, etc. This fracture at
the time it was inflicted in itself is a serious body injury, and during its
infliction the witness suffered pain of high intensity. As a direct consequence
of deformed healing of the fracture of the left collar bone its longitudinal
axis having remained deformed, the lifting of the left arm was made impossible
in the shoulder joint of some 90 degrees and the impossibility to bring the
left hand close to the body.
3. Bone scars were found on the 3rd
and 4th metacarpal bone of the left hand at the place of their
fracture caused by direct action of a hit by a blunt mechanical object such as
boots, batons, rods, etc. These fractures at the time of infliction were in
themselves qualified as serious body injury, and upon infliction the witness
suffered pain of high intensity.
4. The present examination shows a
grey-whitish scar on the outer side of the right upper arm (described in item 6
of the find) which could have been formed as a consequence of the suffered
injury - cut caused by a tip and sharp blade of a mechanical object which
injury at the time it was inflicted was qualified as slight body injury.
5. The present examination found the
scar on the top of the head size 12x2 cm (described in item 3 of the find)
which is the consequence of an inflicted injury of all the skin layers and of
the subcutaneous soft tissue in that area, so that hair is no longer growing on
that spot. It is possible that this injury was caused by tangential action of
the blunt hit by a mechanical object such as a baton.
6. As a consequence of the experienced
trauma at the time spent in imprisonment the witness has developed a
depressive-neurotic reaction."
EVIDENCE: Written find and opinion of the medical commission of
medical experts 365/94-III-1.
3.4.1.5. The witness - prison camp inmate 637/95-2,
born on May 14, 1954, was subjected on December 24, 1995 to the new medical
examination at the Brcko General Hospital by the medical commission of
specialists in forensic medicine and neuropsychiatry, and on the basis of the
neurological and psychiatric find the medical commission gave the following opinion:
"As a
consequence of the serious physical and psychological trauma suffered during
imprisonment the witness has developed impaired hearing and a chronic
post-traumatic stress which are considerably reducing his general living and
working capabilities".
EVIDENCE: Fine and opinion of the medical experts commission
794/95-B-5.
3.4.1.6. The prison camp inmate - a Serb 267/94-7
during the testimony on his imprisonment in the prison camp of Donja Mahala,
states the following:
"...During the
interrogation in Donja Mahala Ustashi beat up Andrija Gavric in the way that
they turned around his jaw. He was later begging any of us to kill him... he
could not bear the sufferings any longer."
In connection with
his detention in the prison camp in Orasje, this witness states the following:
"Pero
Vicentic called "Konj" was in the habit of forcing us to sing
Chetnik songs. He was asking us to do that very loudly, or else he was
threatening to kill us all. He was beating Andrija Gavric, Brano Cvijanovic and
Jovo Cvijanovic with the shovel, the flat side. He would say: "I love to
hear this sound when the shovel hits the back...ordering Gavric to sing the
song: "We, Ustashi, all playboys and nice guys, that is why Serbs float
down the Drina". They sing as if he gave them brandy, not a shovel down
their backs..."
EVIDENCE: Witness 267/94-7.
3.4.1.7. The witness 267/94-8 in connection with
torture in the prison camp in Donja Mahala - in the shed of Mirza Filipovic,
states the following:
"...Vincentic
came after half an hour. He ordered me to take off my clothes to the waist.
Then he took a bottle of mineral water and hit me with it on the head, then
with a baton on the temples, cutting up my head. With a staple machine he
was piercing my ears. The skin was broken and my face was covered with
blood. He ordered me to lie down on the floor. He took large leather belts and
started to hit me. I do not know how long this lasted, but I was feeling
terrible pain. The Ustashis were commenting among themselves: "Did you
see how our "Dada" can hit?" Vincentic then took the extension
cable from the cassette player. He was hitting me with that cable several times
and then tied my hands and legs. So tied up he was hitting me against the wall,
and when I would fall on the concrete he wold kick me with boots and would step
on me. My back was burning from the lashes, I was in terrible pain. I told them
to kill me. One of them, I do not know which one, said to me:
"It is easy for us to kill
you, but we want to make you suffer first"
"...The cruelest torturers and abusers
were: PERO VINCENTIC called "konj", MATO ZIVKOVIC called
"Rakica", DAMIR KLJAJIC called "Dama", IVICA KLJAJIC, MIRKO
JURIC called "Kemi", MARKO JURIC called "Jurka", MATA CIKIN
called "Matko" (at one time a deputy of Pero Vincentic), MARKO
MASKALJEVIC called "Dulo", FILIPOVIC NIKOLA called "Nikso"
and his brother FILIPOVIC IVO called "Corak" (also for a while a
deputy of Pero Vincentic), JOVO called "Kreso" (he liked to torture
the inmates from Borovo), ZIVKOVIC ZELJKO called "Zika", KLJAJIC ANTO
called "Badzo" and FILIPOVIC PEJO called "Babo" (the main
torturer - he was driving the military ferry on Sava river, but always at the
time of torture he would be present)... On March 30 and 31, 1993 the policeman
on duty Bakir Pamugdzic from Orasje took us out for beating. He was cursing my
Chetnik mother and from the distance of some 1 meter threw a sharp knife at me.
The knife was stuck in my knee - already injured from many hits, and swollen
again. At the same time Smail called "Smajo"... also a military
policeman with the wire that he had taken out of the cable, was piercing the
ears of Jovo Stevanovic. DURING THIS TORTURE HE WAS TELLING HIM: "I WANT
TO MAKE YOU AN EAR-RING, SO THAT YOU WILL GO PUNK..."
3.4.1.8. The medical commission of medical experts
specialists in forensic medicine and in neuropsychiatry, on the basis of the
examination of the witness 267/94-8 - the victim, born in 1957, who had in the
preceding paragraph described the tortures to which he was subjected in the
prison camp of Donja Mahala, having given the find on found injuries, gave the
following opinion:
"1) On the
basis of the appearance, localization, distribution and other characteristics
of the found small, tiny and numerous scars on both ear lobes (which are
palpatorily very stiff, not flexible, with many knots) described in item 3 of
the find, it may be concluded that it is possible that they were caused as a
consequence of many piercing of the ear lobes and caused by staple machine action.
As a direct consequence of the scars on ear lobes the looks of the witness
267/94-8 are also damaged.
2) Bone scar - callus on the 6th
rib was formed on the place of fracture of this rib, the fracture caused by at
least one blow of the blunt mechanical object such as fist, knee, foot, baton,
rod and others. This fracture in itself is qualified as a slight body injury.
3) The scars found on the skin of
forehead and face (described in item 4 of the find) were formed in the places
of suffered injuries caused by the blunt hit of a mechanical object.
4) The scars found on the body skin
(described in item 5 of the find) were formed in the places of suffered
injuries in these areas, and on the basis of the anamnesis, possibly by the
cuts inflicted with the sharp edge of a mechanical object.
6) As the consequence of the
experienced trauma during the time spent in imprisonment the witness 267/94-8
has developed a depressive-neurotic reaction.
EVIDENCE: Find and opinion of the medical commission of experts
365/94-III-6.
3.4.1.9. The witness 267/94-8 - the victim was
examined again on December 24, 1995 at the Brcko General Hospital by the
medical commission of medical experts in forensic medicine and neuropsychiatry
and on the basis of anamnesis, neurological and psychiatric find, the following
opinion was given:
"As a
consequence of serious physical and psychological trauma suffered during
imprisonment the witness 267/94-8 developed clinical post-traumatic stress and
secondary alcoholism in the toxicomania phase which are significantly reducing
his general living and working capabilities".
EVIDENCE: Find and opinion of the medical commission of experts
- specialists in forensic medicine and specialists in neuropsychiatry
794/95-B-23.
3.4.1.10. The witness 267/94-10 and 396/95-10 the
surviving Serb - inmate, about his sufferings in the prison camp of Donja
Mahala testified the following:
"...The
killings were done by Pejo called "Babo", Mirko called
"Kemi", Mato called "Rakijica", Stjepo called
"Stile" and Damir called "Dama". They were the main
extremists. They were murdering and torturing. They were tearing away parts of
my body with pliers, kicking my teeth out and naked hitting me on the sexual
organs. I was held by four inmates, one from the one arm, the other the other
arm, and two were holding my legs. "Babo" was hitting me on the
sexual organs. Everything in that area of my body was swollen. Torture was
terrible. They were putting the wire inside some inmates’ ears and then they
would hang a board on the wire. I was seeing this with my own eyes. Ustashi
were laughing shouting "Look at the punker". They were forcing us to
fight each other and to a boxing with each other... I am still not fully aware
that I have stayed alive... The chief of police Pero Vicentic was also beating
us. However, he was enjoying more to inflict psychological pain on the inmates.
His idea was to accuse us of the crimes that we did not commit and, under
unprecedented torture, to extract the confession..."
3.4.1.11. The witness 267/95-11 and 360/95-9 born in
1970, who was detained in the prison camp of Donja Mahala up to June 22, 1993,
states that the camp commander in Donja Mahala was the military policeman Pero
Vincetic called "Konj".
"... The main
say had the Croat policemen headed by Vincetic, but among the policemen there
were also Muslims. It was a terrible prison camp... We were tortured and beaten
the most by Pejo Filipovic called "Babo" and his sons Ivica called
"Corak" and Niko called "Nikso", and also by Damir Klajic.
Damir was simply mad, there is nothing he did not do to us. He was piercing my
hand with a knife. Once he nailed my hand down with a knife and ordered me to
sing a Ustashi song. He simply said: "Put your hand on the table".
Then he took the knife and nailed my hand down. Then he continued: "Put
also your other hand". I placed also the other hand on the table but he
gave up. He told me: "You are singing well, I will not nail your other
hand". Further to the above mentioned there were also there Ivica Klajic,
Stjepo called "Stile" from Boka, Mato called "Rakica" and
his brother Zika, they were the worst. We were beaten all the time also by the
chief of police Vincetic..."
While describing
the conditions of detention and hygiene in the said prison camp, witness
267/95-11 and 360/95-9 states the following:
"... We were
sleeping on the floor, practically on bare concrete until November 1992. Then
we were transferred to some other room. We were given food once per day, or
every second or every third day. Before or after the meal they were beating us.
We could go to the WC only when they would open the doors. In the meantime we
had to contain ourselves. We were fortunate that in that room there was a water
basin so we could urinate in it. Regarding the bowl movement we had to suffer
or do it in the nylon bags which we would throw in the garbage cans. When the
doors would open we would throw the bags outside as garbage. During the first
six months of the detention in the prison camp I did not wash myself even once.
I did this for the first time when a team of the International Red Cross was
coming..."
This witness
especially underlines a kind of a very heavy oppression made on him to do
certain acts, and those acts were to present him to the public as a completely
different and a very negative man. He says the following:
"... In my
case, I have suffered and experienced terrible torture. They were forcing me
with beatings to sign a ‘confession’ that I have killed four men, two from the
gun and two that I have slaughtered; that I have raped five women in Luka in
Brcko and similar. They were beating me together with M.C. They would tie our
hand with electric cables and would turn the electricity on. It goes without
saying that everything they coerced me into confess I did not do. But, when I
saw them beating me so terribly and knowing that I will probably be dead from
the torture, I decided ‘to confess’. Since my ‘confession’ had to be public, in
front of the TV cameras, I said to myself: "Let them put me in front of
the cameras, let my people see me, they will know that I am innocent".
That was the only reason for my ‘confession’. My family will know how I have
ended up. Later it turned out that this public ‘confession’ helped me to
survive. When everything became public, they could not kill me just like that. Journalists
were coming non-stop. They were taking my pictures. Whenever they would come
they could see that my nose was broken, ears deformed and my whole face
deformed - my left side was longer than the right one. They asked me what was
my treatment there and whether they were beating me? I would answer that they
are not beating me because a policeman was at all times by my side. Once one
journalist asked me about the injury. My nose was then swollen, the eye closed
as a consequence of a kick with the boot on the head. I answered that I was
working in the WC and that I had fallen. His comment was: "It seems
that you Serbs are having all the time a vertigo and are falling on your
heads". The man knew what it was all about, he knew that I was being
beaten up and he could see this on me. There was a moment when the policeman
who was guarding me went out of the door. I raised my shirt and showed him that
I have bruises all over my body. Journalist grabbed his head, asked me to put
the shirt down so that the policeman would not see me..."
3.4.1.12. The above witness 267/94-11 and 360/95-9 was
submitted to medical examination on December 24, 1995 by the medical commission
of the medical experts, specialists in forensic medicine and in neuropsychiatry
and the commission on the basis of anamnesis, personal anamnesis, the present
disorders and the objective examination of the witness 267/95-11 and 360/95-9
gave its find and opinion.
In the find the
following is stated:
3) On the upper side of the hand,
between the roots of the 2nd and the 3rd finger there is
a longitudinal grey-whitish scar size 15x1 mm, clearly distinct from the
surrounding area, and in the same height on the palm there is a longitudinal
scar with the same features 7 mm long.
4) On the thumb of the right hand on
the upper side an inclined grey-whitish scar clearly distinct from the
surrounding area, 10 mm long is found.
5) In the middle of the front of the
head, at the edge with the hairline, there is an inclined irregular,
grey-whitish scar, size 24x3 cm, not distinct from the surrounding area.
6) Tragus and antitragus on the left
ear lobe swollen and easily deformed and thick.
7) In the flank area near the spinal
column, a skin swelling size 5x4 cm, insensitive to touch, fixed to the
base..."
The commission has
given the following opinion:
1) The found scars on the hands
(described in items 3 and 4 of the find) were formed on the places of inflicted
injuries, and on the basis of the appearance of the scars and anamnesis, most
probably on the places of suffered cuts and stabbings with the tip and a sharp
edge of the mechanical object.
2) The found scars in the area of the
front and the left ear (described in items 5 and 6 of the find) were formed on
the places of inflicted injuries in these parts, and on the basis of the
appearance of the scars and anamnesis, most probably on the places of inflicted
cuts made by the blunt mechanical objects (such as fists, boots, batons, riffle
butt, etc.).
3) The swelling found in the flank
area (described in item 7 of the find) was formed on the place of inflicted
injury and on the basis of its size, appearance and locality this swelling, and
as anamnesis shows, most probably was formed on the place of bruised skin and
subcutaneous soft tissue in the part caused by the hit of a blunt mechanical
arm (such as a kick with a boot, riffle butt, baton, etc.).
4) As the consequence of the physical
and psychological trauma suffered during imprisonment the witness has disorders
in the form of neurological and psychiatric disturbances."
The above stated shows that as perpetrators
of the crimes are designated: PERO VINCETIC called "Konj", commander
of the prison camp and other perpetrators stated in the above testimony of the
witness - the victim.
EVIDENCE: Witness 367/95-11, 396/95-9, 637/95-5 and the find and
opinion of the medical commission 794/95-B-3.
3.4.1.13. The witness 367/94-12 (396/95-3 and 637/95-4)
from Brcko, born in 1955, who was a prisoner in the prison camps in Orasje and
Donja Mahala, while describing the means with which he was tortured and in
general the types of torture, states the following:
"... While I
was in a conscious state I could see the objects with which they were beating
the inmates. They were doing it with batons and feet clad in heavy boots. They
were beating inmates with baseball bats. I remember them profoundly. They were
prepared in a special way - as required by baseball as a sport. Zivkovic was
beating me for days on end with such a bat on the back and sides. They broke my
nine ribs, and extracted nails from my toes. I do not know what they did not
use to beat me. They were stuffing the rubber tube down my throat, and were
even forcing batons down some inmates’ throats. For example, at 2 o’clock in
the morning they would beat me until I almost fainted, then they would take me
out of the prison room. They would take me to the water fountain, turn on the
water and ‘freshen me up’. They would shower me at 2 or 3 hours in the morning,
and then would force the rubber tube down my throat and let the water in under
pressure.
I can freely say
that I was beaten every three hours, and that I was given food every third or
fourth day. When I would get food every third day I was happy..."
The witness
367/94-12 (396/95-3 and 637/95-4) speaks also of the harsh living conditions in
the prison camp of Donja Mahala, which would have in themselves been terrible
enough, even if there was no bestial torture there. The witness states the
following:
"... In Donja
Mahala the conditions were below any decent level of human existance. We were
sleeping on bare concrete. The room was the size of a closet, barely some 10
square meters. There was an average of some 22 of us in the room. When it was
hot the room was terribly stuffy and there was an awful stench. Pera
"Konj" was told by someone to single us out, and that those who are
not "hard cases" should be taken again to Orasje... But Pera
"Konj" did this the other way around. He was destroying us one by
one. From the 22 inmates, only 9 of us remained alive.
3.4.1.14. In the preceding paragraph witness 367/94-12 -
the victim, described in detail all the tortures that he was exposed to.
Medical commission of medical experts in forensic medicine and neuropsychiatry
on the basis of the examination of this witness and the medical documents
gave the following opinion after making a detailed find:
1) The area of Adam’s apple is
deformed because of suffered impressive fracture of the left wing of the
thyroid cartilage whose back part was pressed inward. Such a pressed fracture
of the thyroid cartilage must have caused injuries of internal structures of
the throat in the form of blood swellings of its soft parts - mucus and
sub-mucus tissue, vocal cords, etc., and all this must have caused drying of
the trachea part of the breathing tract and thus difficulties in breathing.
Therefore, all these injuries in the area of the throat (inward fracture of the
thyroid cartilage with swelling of soft throat structures and narrowing down of
the breathing tract and difficulties in breathing), in view of the location,
were caused by active hit of a mechanical blunt object such as a fist, foot,
brit of the palm, baton, etc. qualified as infliction of a serious and a
possible lethal body injury. During the infliction of such injuries of the
throat there was a pain of high intensity followed by fear for life of great
intensity.
2) The present examination found
callus in the area of the 9th, 10th, 11th and
12th left ribs in the same armpit line, with dislocation, formed at
the places of inflicted fractures of these ribs. These fractures with
dislocation were caused at least by one active blow of a blunt mechanical
object such as foot, riffle butt, knee, etc., and are qualified at the time of
infliction as a serious body injury. After the fracture of these ribs there was
a pain of high intensity followed by fear of high intensity.
3) Calluses found in the area of the 8th,
9th and 10th right rib in the same line were formed on
the spots of fracture of these ribs. These rib fractures on the right side were
the result of a blow by a blunt mechanical object such as fist, legs, knees,
riffle butt and similar, and at the time of infliction could be qualified as
serious body injury. After the infliction of these fractures there was pain of
high intensity followed by fear of high intensity.
4) Examination of the patient showed a
regular circular grey-whitish scar on the left flank side of the neck 0.5 cm in
diameter (described in item 5 of the find) which could be the consequence of an
injury inflicted by a projectile, a diabola fired from an air gun which injury
at the time it was inflicted was a slight body injury.
5) The present examination showed a
regular grey-whitish scars 0.9 to 1.1 cm in diameter on the left lower arm and
the right shoulder (described in items 6, 7 and 8 of the find) which could have
been formed as a consequence of the inflicted burns from the cigarettes
extinction and each one of these burns at the time it was inflicted was a
slight body injury. During infliction of these injuries there was pain of high intensity.
EVIDENCE: Find and opinion of the medical commission of medical
experts 365/94-B-1.
3.4.1.15. The witness 267/94-13, 396/95-2 and 637/95-1
from Orasje, now residing in Brcko, born in 1939, while speaking of the
circumstances existing in Orasje on the eve of eruption of the war, and his
sufferings in the prison camp in Orasje, states the following:
"... The main
carriers of the anti-Serbian, anti-army and anti-Yugoslav propaganda and the
supporters of the independent Croat state, in which obligatorily the territory
of the former Bosnia and Herzegovina would be included, and also Sandzak, Kosovo
and Vojvodina as far as Zemun and Montenegro even up to Kotor, were PAVO KOBAS,
PRESIDENT OF THE CROAT DEMOCRATIC COMMUNITY, AND THEN PRESIDENT OF THE
MUNICIPAL ASSEMBLY OF ORASJE, by birth from Vidovica; PAVO DZOJIC called
"Faktor" FROM DONJA MAHALA, IVO ORSOVIC called "Ivsa" FROM
TOLINJA, CHIEF OF THE HEADQUARTERS OF THE TERRITORIAL DEFENSE IN ORASJE, DJURO
MATUZOVIC FROM OSTRA LUKA, MARKO BEKOVIC called "Balkan" AND HIS
BROTHERS JOSIP AND IVICA, ALL OF THEM FROM UGLJANE, DRAGUTIN IVANOVIC FROM
BUKOVA GREDA, CHIEF OF THE GENERAL ADMINISTRATION SERVICE AND SOCIAL
ACTIVITIES, MATO JOZIC, CHIEF OF THE CRIMINAL SERVICES IN THE SECRETARIAT FOR
INTERIOR AFFAIRS, ORESKOVIC MARKO, JUNIOR, FROM TOLISA, CATHOLIC GUARDIAN OF
THE MONASTERY IN TOLISA AND OTHERS...:
The witness stated
the following:
"...Until the eruption of the war
actions I was living in Orasje, where I remained until June 11, 1992 when,
together with the rest of Serbs, I was arrested by the two policemen and taken
to the Secondary School Center in Orasje, where another 40 Serbs were
imprisoned... They would be taking out several inmates for a period of a few
days, and then would return them bak, all beaten up... They were taking us to
the separation lines and there we had to dig trenches and tranches. Soon wounding
and inuring of the prisoners began and among the wounded were M.I. and V.L.
while Ljubomir Stojkov was killed. I was transferred on August 8, 1992 to the
prison camp in Donja Mahala. In September 1992 there remained only some 25 of
us while the others were liquidated, or through the exchange transferred to the
Serbian territory. Among us there were aged and exhausted (Maksimovic Milos
born in 1908, Petar Ostojic born in 1910 and Marko Nikolic also born in 1910),
and they succumbed in the prison camp..."
The witness is describing the manner in which
a serious body injury was inflicted upon him in the prison camp:
"... The Ustashi called
"Drnda" from Vidovica shot me on September 27, 1992 in the right arm
with a dum-dum bullet after an argument that I had with him. I was left without
the right arm. They operated on me at the military hospital in Crna, where they
amputated my arm from the elbow...When I was taken back to the prison camp my
wound would not heal and doctor Krunoslav Vukovic, at my request to give me a
bandage, said "That is not for you"...".
3.4.1.16. The above witness was examined on December 24,
1995 at the Brcko General Hospital by the medical commission of experts -
specialists in forensic medicine and in neuropsychiatry. This medical commission
gave its find and opinion.
In the anamnesis it
was stated that the witness was married to a Croat lady, that he is a teacher
of defectology and before his arrest was editor in chief of the Radio station
and a director of the People’s University in Orasje. He was brought to the camp
in Orasje and then to Donja Mahala. In the prison camp he remained for some
eight months, until the exchange was made on January 17, 1993. From the
beginning of his arrest he was beaten with various objects all over the body
and was mostly tortured alone. He entered the prison camp with 120 kilograms of
body weight and when he was released he had 80 kilograms. Further to being
beaten, he was tortured in the way that he was forced to stand in the sun in an
‘on guard’ position, exposed to thirst and hunger. On several occasions he was
forced to dig trenches at the front battle lines, and on one such occasion from
the grenade explosion his hearing was impaired. The Croats shot his right arm
at close quarters and his right forearm had to be amputated. He was operated
upon at the military hospital on the Croat side with general anaesthesia, and
because the wound was infected there was a re-amputation. He is now wearing a
prosthesis which he obtained in Belgrade at "Rudo". From the beatings
with various blunt objects he was fainting many times and was bleeding.
Conditions in the prison camp were very poor and there were only two field
toilets for 100 inmates. There was medical care but it was very poor. Food was
irregular and poor. General conditions in the cell were poor. Many
international humanitarian organizations visited the prison camp. He was never
brought to trial. He saw and heard torture of the others, and saw dead inmates
being taken out of the camp. In the prison camp there were no children but
there were women, and he has the knowledge that mass rapes were taking place.
On the basis of the
anamnesis, personal anamnesis, the present disorders and objective examination
of the witness, medical commission gave the following opinion:
"I - The found
lack of the right hand and most of the right forearm, by the look and scars on
the remaining stump of the right forearm are the result of a surgical
amputation of this part of the right arm. The anamnesis shows that the witness
had suffered a wound caused by a projectile fired from a hand fire arm from
close quarters, that a surgical intervention was made on the right forearm. On
the basis of anamnesis it results that because of complications in the form of
infection, a second surgery was made - a ‘re-amputation’ but because of the
lack of medical documentation it cannot be concluded how was the first
amputation made and whether it was necessary, and also whether it was necessary
to have the second "high reamputation of the right forearm".
If anamnesis is to
be accepted on the manner of inflicting injury in the area of the right forearm
(a wound caused by a projectile fired from the fire arm at close quarters) and
because of which injury the first amputation was necessary, it may be concluded
that the injury to the right arm, at the time it was inflicted, was a serious
and potentially lethal body injury.
II - As the
consequence of the inflicted injury of the right hand and right forearm and
consequent necessary amputation of the right hand and forearm, the witness now
does not have a right hand and the right forearm and also has a syndrome of a
phantom pain at the place of amputation.
The found bilateral
impaired hearing most probably on the basis of anamnesis, is the consequence of
a long and frequent exposure to strong detonation, which is significantly
making difficult for the witness the daily communication.
Because of the
amputation of the right hand and forearm and impaired hearing in both ears, the
witness has a reduced general living and working capabilities."
EVIDENCE: Written find and opinion of the medical commission of
medical experts, specialist in forensic medicine and neuropsychiatry
794/95-B-7.
The person directly responsible for the crime
committed against this witness is PERO VINCETIC, prison camp commander
(warden).
3.4.1.17. The witness 584/94-20 - inmate who was in the
prison camp in Orasje at the Secondary School Center from October 1992 to June
1993 speaks of the engagement of the prisoners on digging of trenches and that
he himself on December 3, 1992 was wounded in the left leg. The witness also
states that the prison camp commander Vincetic Pero called
"Konj" was often barging in the rooms where the inmates were detained
and was beating them without mercy, and the witness himself was beaten
although he did not yet recover from the wounds, and that the food in the
camp was extremely poor and that the imprisoned Serbs - inmates were receiving
daily one small slice of bread and several spoonfuls of the cooked food, and
that the Croat policemen demanded from the inmates to fight each other and
would only after that give them the food.
3.4.1.18. The witness 267/94-9 (637/95-6), from Brcko,
born in 1952, testified in detail about the circumstances of torture of Serbs
in the Ustashi prison camps in the area of the municipality of Orasje and
testified in detail about various types of torture to which he was exposed and
the other Serbs - inmates in the prison camp in Donja Mahala where he was
detained for several months during the years 1992 and 1993, from May 4, 1992.
The witness states,
inter alia, the following:
"... The most extreme in the rape,
torture and beating was Mato Zivkovic called "Rakijica" not counting
the chief of military police Pero Vincetic called "Konj", who also
had a pseudonym "Viktor Peter". The extreme one was also
"Zika", brother of Mate "Rakijica", and his real name I do
not know. The right hand of Mate Zivkovic was Damir Klajic and with him Mirko
Juric called "Kemi". There were also others but I do not know their
names.
I was not only beaten and tortured, but was
permanently being slowly killed. They did not literally kill me, but with their
beatings I was brought to the threshold of death and not only once and not only
me, but also many others who can testify to that. They were mostly beating with
baseball bats, paddles, some small paddles that they were making themselves,
wooden bats, chairs and other objects. They were crushing us with their feet.
From this crushing six of my ribs were injured and a small finger on my right
hand. The tendon was broken between the forefinger and the middle finger on the
right hand, so that my fingers do not function any more. On the left arm a
muscle broke, my jaws were injured, my eye-balls and my head. I have injuries
of my legs from the kicks, I have scars from the red-hot poker that they were
pressing over my body and the scars from cutting of my veins. We were forbidden
from screaming. I often wished they would kill me... They were forcing us to
suck each others sexual organs, they were breaking wood planks of a cross
section 5 x 2.5 cm and were pushing them into our anus. From this we would be
bleeding for days on end. They were stabbing inmates with knives in the
tongues, then forcing them to sing. of course, that was impossible because the
knife was inserted in the tongue. They were piercing our hands with knives and
again were forcing us to sing. The knife would stand pierced in the hand and
the Ustasha would take it by the handle and swing it left and right. These
were incredible tortures..."
3.4.1.19. The witness was examined by the medical
commission of expert specialists in forensic medicine and neuropsychiatry on
two instances.
During the first
examination, on the basis of the examination and X-Rays, having given its find,
the commission gave the following opinion:
"1) The area
of the Adam’s apple is deformed so that the wings of the thyroid cartilage in
the front part are separated and the Adam’s apple remained even. This is most
probably the consequence of separation of the joint between the wings of the
thyroid cartilage caused as the consequence of the hit by a blunt mechanical
object (such as fists, feet, palm brit, baton, etc.), and on the basis of
localization of the throat (its seclusion) in respect to the out-position of
the surrounding parts of the body, most probably caused by an active blow. Such
a separation of the thyroid cartilage must have caused injuries of the interior
structure of the throat in the form of blood swellings in the soft parts -
mucus and sub-mucus tissue, vocal cords etc., which all together must have
caused narrowing of the breathing tract and difficulties in breathing.
Therefore, all of these injuries in the part of the throat separation of the
thyroid cartilage, at the time of infliction represented a serious and
potentially lethal body injury. After the infliction of these injuries of the
throat there was a pain of high intensity followed by fear of very high
intensity, fear for one’s own life.
2) The present examination found a
scar on the palm of the right hand formed at the place of injury and on the
basis of anamnesis possibly caused by the stab with a tip and a sharp edge of a
mechanical object such as a knife, dagger, bayonet and similar. When the injury
was inflicted there was a pain of high intensity.
3) As a consequence of the experienced
trauma during the time spent in imprisonment the witness has developed
anxiety-depression and neurotic reaction"
EVIDENCE: Written find and opinion of the medical experts
commission 365/94-B-2.
3.4.1.20. On December 24, 1995 examination was made
again of the witness from Brcko at the Brcko General Hospital by the medical
commission of specialists in forensic medicine and neuropsychiatry.
On the basis of the
examination and the presented finds the medical commission has given the
following opinion:
"As the
consequence of serious body injury and psychological trauma suffered during
imprisonment the witness has developed a chronic post-traumatic stress which is
significantly reducing his general living and working capabilities".
The find and
opinion of the medical experts commission confirms the truthfulness of
testimony of this witness - the victim.
EVIDENCE: Written find and opinion of the medical commission
794/95-B-14
3.4.1.21. This witness, however, has given testimony
also in connection with the sufferings of many other concrete persons - Serb
inmates and at certain places it was proposed that this witness should be heard
in connection with the circumstances on which he is giving statements in his
testimony.
It is necessary to
point out that this witness was speaking that the inmates were not allowed to
have adequate medical help and that this had an influence on the fact that many
of them became disabled only because medical assistance was not given in good
time. This witness has also testified that, for example, the inmate
(questioned under 3.4.1.3.) for three months was having his broken arm, that
the Red Cross brought some rods which some doctor was to place in the plaster,
but that this was not done, but the rods were placed by the chief of military
police Pero Vincetic! The witness stated that because of this the said
inmate at the place of fracture had the wound heel in an improper way, bone on
bone, and remained disabled. The opinion of the medical commission of medical
experts in connection with the said victim was previously quoted (under
3.4.1.4. in item 2) and as stated in item 2 "...As a direct consequence of
irregular heeling of the suffered fracture of the left shoulder bone, where its
longitudinal axis was deformed and the deformity remained, that lifting of the
left arm in the left shoulder joint is impossible over 90 degrees, and bringing
of the left hand close to the body also made impossible".
The above obviously
shows that the witness 267/94-9 (637/95-6) is truly a witness whose testimony
may be admitted beyond any doubt.
3.4.1.22. The witness 55/94-7 (280/95-11) born in 1939
gave a truly moving testimony of all the sufferings that he had experienced
during his imprisonment in the prison camps of Bosanska Posavina, and
especially in the prison camp in Donja Mahala, where he was detained from late
October 1992 to May 10, 1993. The witness stated the following before the
investigating judge:
"... I was
detained in that camp for seven months, and during all that time I was taken
several times per day for the beatings. They were beating me with their feet,
fists, riffle butt, legs of broken chairs and with all the other available
objects. Some times they would beat me until I fainted, and then they would
take me back to the room where I was detained. During all that time I was
sleeping on the bare floor and was given food every third or fourth day and
even then only a slice of bread and a bit of some liquid. They were ordering
us, inmates, to slap each other’s faces.
One evening they took
me out and one Ustasha ordered me to stretch my hands and place them on the
table. That Ustasha was called "Pera konj" (Pera, the horse), and I
do not know other details about him, but I think his family name is Vincetic,
but I am not sure. When I placed my hands on the table, he pierced the palm of
my left hand with a screw-driver, and since blood was not flowing, he pierced
also the palm of my right hand. There was no blood even then from that wound,
so he kicked me several times with a leg of a broken chair, and when the blood
started flowing from both hands, he took a lighter and set my beard on fire
because we were not allowed to shave in the camp, and ordered them to take me
away. Before the exchange, they were also beating me on the ribs and on that
occasion had broken my ribs from the left side, I do not know how many. They
were hanging the board from my left ear in the way that they would pierce the
ear with a wire and then hang the board from the wire, and then they would beat
me on the back and other parts of the body. One Ustasha stabbed me in the right
flanks with a tip of his knife. That Ustasha was called "Dama" but I
do not know other details about him. One of them that they called
"Mato" with a nick-name "Rakijica" poured spray into my
eyes so I could not see for two days. I am still having effects even today from
that spray..."
3.4.1.23. The find and opinion of the medical commission
of medical experts, specialists in forensic medicine and neuropsychiatry
confirm the statements of the witness - inmate, and the other prisoner camp
inmates were also speaking of the existence of such types of torture about
which the witness 55/94-7 (280/95-11) has testified.
Opinion of the
medical commission of experts states the following:
1) The callus on the 6th
rib was formed on the place of fracture of this rib, which fracture was most
probably inflicted by an action of the blunt part of a hit by a mechanical
object such as fist, knee, boot, baton, rod, etc. This fracture in itself would
be qualified as slight body injury.
2) The scars found on the skin of the
face and left shank (described in item 3 of the find) were formed on the place
of inflicted injuries in these areas, and on the basis of anamnesis on the
places of possible cuts caused by blunt mechanical objects,
3) The scar found on the spot between
shoulder blades (described in item 4 of the find) was formed on the place of
inflicted injury of this part, and on the basis of anamnesis, on the spot of
possible stab caused with a sharp top or edge of a mechanical object.
4) The scars found on the back of the
left hand (described in item 5 of the find) were formed on the place of
inflicted injury and on the basis of anamnesis of a possible stab caused by the
sharp tip of the mechanical object.
5) The scars found in the size of a
grain on the front and back side of the left ear-lobe were formed most probably
on the place of an inflicted cut, caused by a sharp tip of a mechanical object,
possible a wire.
EVIDENCE: 55/95-7, 280/95-11 and the find and opinion of the
medical commission 365/94-III-7.
3.4.1.24. Prison camps in the area of Orasje were not
hell on earth only for the Serb civilians detained in them, but also for the
Serbs - prisoners of war who were subjected to assassination, torture, inhuman treatment,
infliction of great sufferings, violation of body integrity. This is best
illustrated by the eye-witnesses and victims themselves of serious crimes
committed in these camps, in violation of the rules of international law.
Concretely, 10
Serbs from Borovo who were present at the Orasje battle front in order to help
Serbs, were captured on September 30, 1992 and disarmed, then deported to the
prison camp in the Primary School in Donja Mahala, where also the Serb
civilians were detained. They had the same regime. Most of these prisoners was
imprisoned until September 19, 1993. P.B. who was later in Zagreb, Mostar and
other places - was exchanged on August 30, 1993, and two inmates from that
group (3.4.3.8. and 3.4.3.9.) - Klipanovic Milan and Maksimovic Milivoj called
"Minja" from Borovo have died from the injuries suffered in the
prison camp.
Further to
confirming the facts of the torture and killing of Klipanovic Milan and
Maksimovic Milivoje, who were captured together with them and deported to the
prison camp (in connection with the torture and injuring of Maksimovic Milivoje
they added that Pero Vincentic called "Konj" fired a gun into the
right thigh of Maksimovic Milivoje from close quarters but had previously
filled the bullet with salt instead of lead), they are also testifying on the
one hand on the living conditions, food, hygiene and other in the prison camp,
and on the other hand on the manners of torture of Serb prisoners of war and of
all the other camp inmates.
3.4.1.25. Serb prisoners of war were detained with
another 20 inmates in a room size some 12 square meters, they were sleeping on
the beds made of boards and on concrete, the room during winter was not heated,
glass on the window was broken in part. The inmates were receiving irregularly
food and water, not every day, and even when they would be given some, it was
one eighth of a loaf of bread per inmate and a few liters of water per 10
inmates.
The witness
158/95-1 states the following:
"...It would happen that we did not
receive any food for 8 days and water for 2-3 days, so that some 10 inmates
would receive one liter and a half of water for all of us. When we were given
food, one fourth of a loaf of bread was divided on the two of us and one fish
can... When I was captured I had 96 kilograms and when I was exchanged I had 57
kilograms..."
The witness
158/95-2:
"...The best illustration of the food in
the prison camp is the fact that when I was captured I had 85 kilograms and
when I was once weighed on the balance in the prison camp, when the guard was
away, I saw that I had only 50 kilograms..."
The witness 158/95-4 lost in the camp 25
kilograms of body weight, etc.
The hygiene conditions in the camp where
Serbs were imprisoned were almost insufferable.
The witness 158/95-5
states the following:
"... We were having bowl movement in the
same room in which we were detained and this into some buckets sufficient to
retain 10-12 liters of water. We were taking out feces from that room when they
would let us go outside. It used to happen that the bucket with feces remained
in the same room for seven days on end..."
The same is
testified by witnesses 158/95-6 and 158/95-7.
3.4.1.26. These inmates - prisoners of war were
subjected to terrible torture. They were treated with extreme cruelty. During
the torture knives were used, red hot iron rods, electricity, wood boards,
batons. Almost all of them had passed through extremely inhuman torture and are
having a similar testimony to tell. The heard witnesses were describing in
detail before the investigating judge everything that was happening and in
order to avoid repetition, we are giving only parts of testimonies of
individual inmates - prisoners of war.
3.4.1.27. The witness 158/95-1, prisoner of war, states
the following:
"... I was
beating with fists, feet, batons, all over the body, sometimes by two or three,
but at times even by six or seven of them at once. They were stabbing my hands
with knives, they were heating on the fire iron rods and would burn my hands,
palms and my face... I was forced to do everything that they would order me to
do, so that one who was torturing me and the other inmates told me... to put
out my tongue and make faces at his colleague, which I did, and then that same
Ustasha with a kitchen knife pierced my tongue. There were other tortures
consisting in letting the electricity run through our bodies..."
The same witness
also states:
"... From the beatings and torture my
left ear lobe was broken and my lower jaw which became infected in the camp, so
that I had the extract the puss and broken small bones. There was no medical
help at all for me and neither for the other inmates..."
3.4.1.28. The witness 158/95-2 underlines the following:
"... These men that I have listed were
subjecting us, from Vukovar, to torture every day. Thus, for example, they
would take a staple machine for the paper and would pierce our ears with that
machine and from this piercing both my ears are damaged, then they would
connect these staple machines on to some appliance filled with electricity and
would increase the current...and they would force us to vomit so during
vomiting because the electricity was on, there would be a stress to our
bodies... They did not let us shave, and when ordering us to kiss each other,
because we were plugged on the electricity, our beards would be set on fire...
Maksimovic Milivoje called "Minja", who died of torture in the
camp...when he came into the room his head and body were wet and he told us: "He
was urinating in my mouth". Later we found out that that man was named
Pero Vincentic..."
This witness - the
victim, reveals the following:
"... There was yet another torture
applied on me and the others, when our enemies were heating the wire on the
fire until it was red hot and would then burn our hands and body, and finally
one of them called "Babo" pushed the red hot rod into my
mouth..."
3.4.1.29. The witness 158/95-3:
"... A certain Vincentic Pera was the
warden of the prison camp and his brother, I do not know his name, was the
commander for Posavina. Then there were a certain Matko, Rakijica, Jovanovic
Mico, Zika, Dama, Jurko, Dulo... They broke my nose in the camp, they broke
also two of my ribs, and my left kidney was damaged, i.e. it is not functioning
any more. At least that is what I was told by the doctors at the Military
Medical Academy hospital in Belgrade..."
3.4.1.30. The witness 158/95-4 states the following:
"... The worst was for us a wood board
called "Srbijanka" (Serb woman) with which they were beating us every
day..."
3.4.1.31. The witness 158/95-5 states:
"... I have personally seen when Pero
Vincetic shot Minja in the right thigh from the ‘pumparica’ gun. I think that
he put some salt in the bullet because this can be concluded from the wound. If
he was firing from the distance of 2 meters then in that case the buckshot
would have blown away the leg..."
This witness states that the said witness -
the victim 158/95-1 was tortured by Damir called "Dama" who pierced
his tongue with a kitchen knife.
3.4.1.32. The witness 158/95-6 - prisoner of war, stated
the following:
"... The
commander of the camp was a certain Pera Vincetic, and his brother was the
commander for the entire Posavina... Further to the two of them the duties were
carried out by a certain Mato, Jovanovic Mica, a certain Rakijica, Zika, Jurko,
Dama named Damir, Gorac, Dule... They were beating us with a wood board called
"Srbijanka" some 1 meter in length and 4.5 cm thick. The witness
158/95-1 for example had his tongue pierced with a kitchen knife and I think
that this was done by Damir called "Dama"..."
3.4.1.33. The witness 158/95-7 stated the following:
"...To this boy who came today in court
they pierced the tongue with a kitchen knife, and I think this was done by
Damir - Dama. Pero Vincentic from the gun fired at close quarters... Minja into
the right thigh and the bullet was filled with salt or poison so his skin and
tissue were injured... They were beating him on that wound and he died from
beating on December 19, 1992..."
EVIDENCE: The witnesses 158/95-1, 158/95-2, 158/95-3, 158/95-4,
158/95-5, 158/95-6, 158/95-7.
3.4.1.34. A large number of Serbs - inmates further to
the ones that have already been mentioned, testified about the torture to which
they were subjected by Vincetic Pero called "Konj", warden of the
prison camp in Donja Mahala - Orasje, then by Klajic Damir "Dama",
Mato Zivkovic "Rakijica" and the others, so here only the
witnesses are quoted who testified about the behavior of the prison camp warden
and the other staff, and they stated the following:
3.4.1.35. The witness 365/94-2 and 424/95-5 born in 1963
gave his testimony before the investigating judge and, inter alia, stated the
following:
"... The
warden of the prison camp in Donja Mahala was a certain Pero called
"Konj". That Pero was the cruelest and was torturing us the worst. In
the evenings when we would return to the camp in Mahala from labor, Pero was
waiting for us and would hit every one of us with fists, feet or anything else,
and in the night he would call us out, take us out and beat us up. No reason
was necessary for being taken out at night for the beating, simply he was taking
any one who would cross his mind and would beat him up..."
EVIDENCE: The written find and opinion of the medical
commission of medical experts 365/94-III-11.
3.4.1.36. The witness 365/94-5:
"... On October 7th they
transferred us to Orasje because Bosanski Brod was captured by the Serbian
army. There, during the first two days, they were systematically beating us up,
and all of us so that I was also beaten. The one that was beating us the
most was Pero Vincetic called "Konj" from Donja Mahala - Orasje,
who was the commander of this prison camp. After two days they forced us to dig
trenches on the line towards our army near Orasje, Crknica, Grednice, Obudovac,
etc. During our labor on December 2, 1992 while we were working at Lepnica near
Umcari the fighting was taking place, so one grenade flew and exploded near the
place where we were working and on that occasion T.Z. was seriously wounded and
I was injured and another five prisoners... I was wounded in such a way that a
geler pierced my frontal bone and remained there, but my brain was not
damaged..."
EVIDENCE: The witness 365/94-5 and the find and opinion of the
medical commission of medical experts 365/94-III-10.
3.4.1.37. The witness 55/95-2 stated that in the prison
camp he was imprisoned from the end of 1992 to March 30, 1993. He testified,
inter alia, to the following:
"... That hall
was visited very often by a certain policeman whom they called Damir and his
nick-name was "Dama" and he would torture the detained Serbs. He
would order them to take off all of their clothes and stand naked and then he
would beat them with a baton in the area of the sexual organs, having
previously placed a rag in their mouth so that they will not scream, and then
he would beat them. A certain "Babo" also took part in the
beatings, he was a ferry driver and was wearing three letters "U" on
his cap. Torture of the detained Serbs was inflicted in different ways and most
often by beating, breaking of bones and similar..."
This witness stated
that in the prison camps in Odzak, Bosanski Brod and Orasje in 14 months he
lost 38 kilograms of body weight.
The witness also
states:
"...About the detention in the said
prison camp an entire book could be written if one would wish to describe all
the sufferings that he had endured. Ustashi and the Croat army were applying
various methods calculated at complete liquidation of the arrested
Serbs..."
EVIDENCE: The witness 55/95-2
3.4.1.38. The witness 424/95-1 while speaking of the
behaviors of the prison camp staff in Donja Mahala, states the following:
"...They were
breaking arms and legs of the inmates..."
EVIDENCE: The witness 424/95-1
3.4.1.39. The witness - inmate 424/95-19 who was
detained in this camp from October 6, 1992 to January 29, 1993, states the
following:
"...In that prison
camp the commander Pero Vincetic called "Konj" was inflicting
terrible beating with his group. They were hitting me with riffle butt and
boots during beating and have broken several of my right ribs..."
EVIDENCE: 424/95-19
3.4.1.40. The witness 424/95-38 who was in the prison
camp in Donja Mahala from October 6, 1992 to July 1993 states the following:
"...In this
prison camp the commander was Pero Vincetic called "Konj" who
was with his policemen inflicting terrible torture on the inmates. He was beating
us all the time, day and night, and was taking us to dig the trenches in the
adjacent places both during the day and at night. During digging of trenches a
large number of inmates were killed, mostly they were killed when they were
forced to take out the bodies of the dead Croat soldiers from the front battle
lines..."
EVIDENCE: 424/95-38
3.4.1.41. The witness 424/95-26 while speaking of the
behavior of Pero Vincentic, states the following:
"... The
commander of this camp was Pero Vincetic called "Konj". He was
with his team of Ustashi torturing terribly all of us, the inmates. He was
taking us out of the halls, kicking us with boots on the head, he was jumping
over the inmate’s body, cursing our mother, threatening to kill us and
similar..."
EVIDENCE: 424/95-26
3.4.1.42. The witness 191/94-11 was detained in the
prison camp in Donja Mahala from October 1992 and testifies as follows:
"...When we
came to the prison camp in Donja Mahala, they were taking us one by one for the
beating. They were beating us for as long as we could stand it. We were beaten
the most by Pero Vincetic and Damir called "Dama", and with them
was also "Babo", Juso Hasanovic or Hadziefendic, Zivkovic Mate
"Rakijica" from Donja Mahala and others..."
This witness further
states:
"...I was exchanged in Dragalic on July
15, 1993. In the Ustashi prison camps of Odzak, Novi Grad, Bosanski Brod,
Slavonski Brod and Donja Mahala I had spent 1 year 2 months and 7 days. I
survived I do not even myself know how. Further to what I have stated here, I
also had six of my ribs broken, two lumbar vertebra damaged and three teeth
broken. About all the pain that remains in my soul and that I shall bear as a
stigma all my life, it is very hard to talk..."
EVIDENCE: 191/94-11
3.4.1.43. The witness 191/94-13 was in the prison camps
in Bosanska Posavina from May 8, 1992 to January 29, 1993. About the prison
camp in Donja Mahala - Orasje, he states the following:
"...There we
were mostly tortured by Pera called "Konj", Damir called
"Dama", a certain "Babo", a certain "Maks", Elvira
Hadziomerovic and others..."
EVIDENCE: 191/94-13
3.4.1.44. The witness 55/95-27 who was in the prison
camp of Donja Mahala from early October 1992 for the next 8 months, stated
before the investigating judge the following:
"...When we
came to this prison camp we were terribly beaten, and the most outstanding in
the beatings was a certain "Pero konj" in the Ustashi black uniform
with the Ustashi insignia. We were also beaten by a certain Mato
"Rakijica", another one that they called "Dama"...I was
sent with another 24 inmates and one woman called R.M. to Ljubuska. Before the
departure "Pero konj" hit me with the baton 250 times on my back, on
the chest and the knees...."
EVIDENCE: 55/95-27
3.4.1.45. The witness 55/95-43 states the following
about his detention in the prison camp of Donja Mahala - Orasje in the year
1992:
"...I wish to underline here also that
during the detention in the prison camp of Donja Mahala the Croat army in the
Ustashi uniforms was taking us, inmates, outside of the camp presenting us as
Chetniks, so the civilians were kicking us and spitting on us. They were
constantly forcing us to sing Ustashi songs, to shout "Heil Hitler"
and were torturing us in various ways... In that camp the commander was Pero
Vincetic called "Konj" who was beating and torturing us all the
time..."
3.4.2. Rape of Women of Serbian
Nationality
3.4.2.1. The witness 267/94-2 who was previously in
the prison camp in the area of Bosanski Brod and over there, as it will seen
later, she was in different ways abused and raped and who was later detained in
the prison camp for Serbs in the Primary School in Donja Mahala, testifies as
follows:
"... I was
raped by Mato Baotic called "Cikin" and Damir Klajic called
"Dama". Then one Ustashi came in the age between 28 and 30 years. He
was tall and slim and had brown hair. He came drunk. He grabbed R.M. and
myself. I resisted even if he would kill me. I was already out of my mind and
completely destroyed. I did not care whether he will kill me or not. He raped
R. on the table while I was squatting there completely naked. When he finished
his abuse of her, he grabbed me by the hair. Brutally and in a savage way he
raped me on a bench.
Among those who
were raping me in the prison camp of Donja Mahala were Pero Vincetic called
"Pera konj" and Mato Zivkovic called "Rakijica". Rape was
also done by the others in that prison camp, mostly by the younger soldiers. I
do not know their names. When I mention the younger soldiers as perpetrators of
the rape, I can not omit to say that in the prison camp in Brod I was raped by
one soldier who was going to school together with my daughter. I begged him not
to do it, saying that I could be his mother and that my daughter was his
class-mate. He answered me: "I know your daughter, she was a good girl,
but this changes nothing. I will do with you what I have in mind and what I
have to do". Then he raped me.
In the prison camp
of Donja Mahala rape was done every day, as a rule, always in a group.
Therefore, this was never done by only one man. There were always more of them.
Rape was preceded by torture. They were beating us and humiliating us. Rape was
done mostly at night and during the day we had to wash their uniforms and clean
the camp premises. In that hell I had spent one month and a half... This is all
that I have to state for now about my sufferings and the sufferings of others
in the prison camps, because those atrocities can never be completely
described. The tale of them is buried somewhere deep in the heart and I shall
bear the stigma of this anguish for the rest of my life.
The testimony of
the witness 267/94-2 - the victim, shows that the perpetrators of the crimes
were the following persons:
1) MATO BAOTIC, called
"Cikin"
2) DAMIR KLAJIC, called
"Dama"
3) PERO VICENTIC, called "Pera
konj"
4) MATO ZIVKOVIC, called
"Rakijica, and the other, at present non-identified perpetrators.
3.4.2.2. The witness 267/94-16 states the following:
"... On June 11, 1992 from the village
we were deported to the prison camp in Orasje. The tortures of all kinds in
that camp lasted till June 30, 1992. In the hall of the prison camp we from
Bukova Greda were separated from the inmates from Orasje... I do not know if
even one woman was spared the torture. First they were taking us out one by
one, allegedly for questioning. They took me to a room and immediately several
of them grabbed me. They were slapping me on the face, cursing my Chetnik
mother, threatening to slit my throat. I was crazed out of my mind. Then they
grabbed me and pushed me on the floor. I was fighting them and crying. I was
begging them to let me go. All was in vain. Every one from that group raped me,
and they were 11. There were some that I did not know, but among the ones that
I know the most brutal were:
Mato Zivkovic, called "Rakijica",
Damir Klajic, called "Dama", Nikola and Ivo Filipovic, sons of Pejo
Filipovic called "Babo", who was also abusing women. They were
forcing me to various odious acts, they were pushing their sexual organs into
my mouth.
They were doing the same with the other
women. We all knew each other, so we could complain to each other. Rape was
done by Pero Vincetic called "Pera konj". He was the chief in the
camp, a very cruel and merciless man. The rapes were an every day occurrence in
the prison camp. These were not men but beasts. After their torture of us we
could not stand on our feet. One woman from the village of Gajevo near Orasje
was raped in front of her husband... Before the rape all the women were beaten
and tortured. The women raped were also: R.B., A.S., I.D. who became mad
from the tortures. During the exchange I. was shouting: "Do not enter any
more, please, why are you torturing me, let me go, you are coming again one by
one". Poor I. did not know that she was being set free. She though she was
still in the prison camp. From the tortures Radojka Bozic died in the
hospital in Vinkovci. This can not be described. They raped one woman whose
husband was a Montenegrin. They had a restaurant in Orasje. Members of the
Union of the National Guard plundered all the valuables from my home. In the
prison camp they took away my gold wedding ring and money, and from my husband
they took 5,500 DEM..."
Perpetrators:
1) VINCETIC PERO, called
"Konj", commander of the prison camp
2) ZIVKOVIC MATO, called
"Rakijica"
3) KLAJIC DAMIR "Dama"
4) FILIPOVIC NIKOLA
5) FILIPOVIC IVO, and
6) FILIPOVIC PEJO, called
"Babo"
EVIDENCE: 396/95-4
The responsible perpetrators: VINCETIC PERO
called "Konj", commander of the prison camp and direct perpetrators
KLAJIC DAMIR called "Dama", ZIVKOVIC MATO called
"Rakijica",, FILIPOVIC PEJO called "Babo" and JURIC MIRKO
called "Jurka", CIKIN MATA called "Matko", FILIPOVIC NIKOLA
called "Nikson", FILIPOVIC IVICA called "Corak" and the
other, at present non-identified perpetrators.
3.4.3. Serb Inmates Killed or Dead
From Injuries Suffered in
the Prison Camps
in the Area of Orasje
A number of Serb inmates, civilians and
prisoners of war, were killed in the prison camps in the area of Orasje. We
shall state here only those cases which are supported by evidence, but
unfortunately, the number of actual cases is certainly considerably higher.
3.4.3.1. DANILOVIC MILORAD, killed on December
8, 1992, from Gnionica - Odzak, born in 1944, of father Simo, was detained in
the prison camp of Donja Mahala in the area of Orasje. On that day he was with
the other inmates - Serbs G.J. and S.T. taken to dig trenches for the
ammunition. Then one of the guards approached the trench in which were G. and
S. and threw a pack of cigarettes, and when they took each one one cigarette
they threw the pack of cigarettes to Danilovic, when he came to take a cigarette,
three Croat soldiers came and one of them fired a round of ammunition in the
direction of Danilovic, hitting him, and then ordered this witness and the
inmates who were with him to bury the body of Danilovic, and immediately
afterwards to take him out and transfer him to a passenger car in the rear of
the front line, and the guard ordered them not to say anything to anyone, but
only to say that "Danilovic was killed by Serbs".
This killing in a
special way confirms how much, objectively speaking, taking of Serb
civilians-inmates to dig trenches and do the jobs at the front battle lines
even during combat actions, was dangerous for their lives and was a violation
of all the norms of the international war law, because they were exposed to
lethal danger both from the other battle line and from the soldiers guarding
them.
EVIDENCE: 280/96-56, 593/94-10, 280/95-12, 593/94-12.
3.4.3.2. GAVRIC PERO, born in 1947 of father
Milan, from Bukova Greda, killed in the prison camp in Orasje in May 1992 and
then hanged in the bathroom of the gym, to appear as if he committed suicide
(they having previously killed his sons Gavric Misa and Toma).
The witness -
inmate, 267/94-14, 396/95-6 and 637/95-3 states the following:
"...Pero
Gavric was hanged by Mato Zivkovic called "Rakijica" in the Secondary
School Center in Orasje. This happened in the night between May 10 and 11,
1992..."
EVIDENCE: 267/94-14, 396/95-6 and 637/95-3, 267/94-4 and
396/95-7, 267/94-5 and 396/95-8, 679/95-37 and 396/95-6.
3.4.3.3. CVIJANOVIC ACIM, born in 1937, of
father Milan, from Bukova Greda - killed after heavy beating on July 14, 1992
in the prison camp of Orasje, by Klajic Ivica and Klajic Damir called
"Dama", members of the military police for the Orasje area.
The witness
267/95-11 states the following:
"... One Ustashi policeman took a broken
broom handle and with it pierced the back of Acim. After two hours Acim bled to
death... Before this they were beating him with batons and chains..."
The witness
267/94-14 and 637/95-3 testifies as follows:
"... Acim Cvijanovic had his left eye
gauged with a lock tied to a chain. On July 14, 1992 he was killed by Damir
Klajic "Dama" and Ivica Klajic by beating him to death. They were
beating him with batons and bats used in the physical education lessons..."
About the killing of Cvijanovic Acim also the
witness - inmate and Serb 679/95-37 testifies, who stated before the
investigating judge of the Municipal Court of Brcko on August 24, 1995, inter
alia, the following:
"... Acim Cvijanovic had his skin cut
with a knife on his head and they gauged out first his left eye, and then the
right one. I was nursing his eyes..."
EVIDENCE: 267/94-4,
267/94=5, 267/95-11, 267/94-12, 267/94-14 and 637/95-3, 679/95-23, 679/95-35,
679/95-37, 679/95-38.
3.4.3.4. STOJNIC RANKO, born in 1956, from
Omarska, killed in the prison camp of Donja Mahala on August 17, 1992, after
having been seriously beaten by Juric Mirko called "Kemi", Klajic
Damir called "Dama" and Zivkovic Mate called "Rakijica" -
all of them members of the military police for the Orasje area.
The witness
267/94-4 and 396/95-7 testifies as follows:
"...They were beating him so much that
his thorax was broken. He could hardly breathe, it was more like hissing. He
was buried by the inmates in Bukova Greda..."
EVIDENCE: Witnesses 267/94-4, 396/95-7 and 267/94-8
Perpetrators: JURIC MIRKO called "Kmei", KLAJIC DAMIR
called "Dama", ZIVKOVIC MATO called "Rakijica.
Responsible also: VINCETIC PERO called "Konj" as the
commander of the prison camp.
3.4.3.5. CVIJANOVIC PERO, born in 1928 of
father Stevo, from Bukova Greda, killed in the prison camp of Orasje, killed by
ZIVKOVIC MATO called "Rakijica" who slit his throat on an
unidentified date in the year 1992.
EVIDENCE: Witnesses 267/94-4, 296/95-7, 267/94-14, 396/95-6,
637/95-3, 679/95-23 and 679/95-35.
3.4.3.6. GAVRIC ANDRIJA, of father Dusan, born
in 1949 in Bukova Greda, killed in October 1992 in the prison camp of Donja
Mahala, after several days of torture and beating.
The witness
267/94-14 (637/95-3 and 396/95-6) before the investigating judge of the
Municipal Court of Brcko on May 15, 1995 stated, inter alia, the following:
"...I
underline also that in connection with my imprisonment in the said prison camps
I have given a statement to the Commission for Investigation of War Crimes on
April 9, 1994 and that I fully support and uphold the given statements... I
remember only some details and they are: "that Andrija Gavric succumbed on
October 29, 1992 in the room in which I was detained. A Croat soldier in the
Ustashi uniform with the Ustashi insignia pushed the baton in its entire length
in his throat and after this Andrija died..."
EVIDENCE: Witnesses 267/94-4, 637/95-5, 396/95-7, 267/94-11,
396/95-9, 267/94-14, 637/95-3, 396/95-6, 267/94-8, 679/95-32 and 679/95-35.
3.4.3.7. MALINKIC MANOJLO, from Bosanska
Gradiska, died of injuries in 1992 in the prison camp of Donja Mahala, after
many days of beating. They were injecting gasoline into his veins.
The witness
267/94-9 and 637/95-6 states the following:
"...Killing was mostly done by beating.
However, they also had other ways of killing. They beat to death a certain
Manojlo, captain, a Montenegrin, and then they injected with the injection
gasoline in his veins. Soon he died..." This witness described in detail
how they were injecting gasoline into the veins also of the other inmates -
Serbs, and that he was also given such an injection.
EVIDENCE: 267/94-4, 267/94-9, 637/95-6, 267/94-14, 637/95-3 and
statements by the above stated witnesses 396/95-6, 396/95-7 and 396/95-9.
3.4.3.8. KLIPANOVIC MILAN from Borovo,
prisoner of war, killed on an unidentified date, in summer of 1992, in the
prison camp of Donja Mahala, after many days of torture - beating.
The witnesses are
claiming that together with Maksimovic Milivoje, also a prisoner of war from
Borovo, he was tortured the most by the members of the military police of the
106th Orasje Brigade: HADZIOMEROVIC ELVIRA called
"Amazonka" and FILIPOVIC PEJO, the guard. They were stabbing the
prisoners with red hot rods in various parts of the body, on the head, cheeks,
ears, and the victim was given injection of gasoline.
Responsible
persons: PERO VINCETIC called "Konj" commander of the prison camp,
HADZIOMEROVIC ELVIRA called "Amazonka", FILIPOVIC PEJO, a guard and
other at present unidentified persons.
EVIDENCE: 267/94-4,
396/95-7, 267/94-8, 267/94-9, 637/95-6, 267/94-11, 637/95-5, 396/95-9,
267/94-14, 637/95-3, 396/95-6, 158/95-1-7, 637/95-2, 158/95-1, 158/95-2,
158/95-3, 158/95-4, 158/95-5, 158/95-6, 158/95-7, 191/94-11 and 422/95-1.
3.4.3.9. MAKSIMOVIC MILIVOJE, called
"Minja", prisoner of war from Borovo, killed in the prison camp of
Donja Mahala on an unidentified date in summer of 1992, by torture committed,
along with the others, by Hadziomerovic Elvira called "Amazonka" and
Filipovic Pejo, who were stabbing him with a red hot rod in the various parts
of the body, the cheeks, ears, and Pero Vincentic, the prison camp commander,
from the buckshot gun shot him in the leg. He was hitting him all the time on
the wound on the leg so that he would have excessive bleeding, while Klajic
Damir called "Dama" was piercing Maksimovic’s hands with a knife. He
was also given an injection of gasoline.
For this crime the
responsible persons are: VINCETIC PERO called "Konj", commander of
the prison camp, as a direct perpetrator and as direct perpetrators also
HADZIOMEROVIC ELVIRA called "Amazonka", FILIPOVIC PEJO, KLAJIC DAMIR
called "Dama" and other, at present, unidentified persons.
EVIDENCE: Witnesses: 267/94-4, 396/95-7, 637/95-2, 267/94-5,
267/94-9, 637/95-6, 267/94-8, 267/94-11, 637/95-5, 396/95-9, 267/94-14,
637/95-3, 158/95-1-7, 414/95-1, 191/94-11, 158/95-1, 158/95-2, 158/95-3,
158/95-4, 158/95-5, 158/95-6, 158/95-7, 191/94-11 and 422/95-1.
3.4.3.10. RISTANIC ZARKO (of father Savo), from
Orasje, born in 1955, tortured and killed in the prison camp of Donja Mahala on
February 3, 1993 after four days of beating. He was beaten mostly by Benkovic
Marko called "Balkan", and was killed by Juric Mirko called
"Kemi".
The witness
679/95-38 from Loncari, who was also detained in the prison camp in Donja
Mahala, testified before the investigating judge of the Municipal Court of
Brcko, inter alia, to the following:
"... I know
that from beating and torture in various ways Zarko Ristanic from Orasje also
died. They were cutting with a knife his hair and beard, the fingers on his
hands..."
For this crime the
responsible persons are: VINCETIC PERO called "Konj", commander of
the prison camp of Donja Mahala, and the direct perpetrators are: JURIC MIRKO
called "Kemi" and BENKOVIC MARKO called "Balkan".
EVIDENCE: Witnesses: 267/94-4, 396/95-7, 267/94-8, 267/94-11,
396/95-9, 267/94-9, 637/95-6, 267/94-14, 637/95-3, 396/95-6, 679/95-31 and
679/95-38.
3.4.3.11. ARSENIC IGNJATIJE, from Vucilovac -
Brcko, killed on an unidentified date during the year 1992 in the prison camp
of Donja Mahala, after many days of beating. This was committed by the, at
present, unidentified members of the military police.
EVIDENCE: 267/94-4,
396/95-7, 267/94-11, 396/95-9, 267/9-14, 637/95-3, 396/95-6, 267/94-8 and
679/95-15.
3.4.3.12. BLAGOJEVIC BOGDAN, from Jasenica -
Srebrnik, succumbed from the injuries on an unidentified date during the year
1992 in the prison camp of Donja Mahala, after torture by the, at present,
unidentified members of the military police.
EVIDENCE: The witness 267/94-4 and 396/95-7.
3.4.3.13. NIKOLIC MARKO from Vucilovac - Brcko,
born in 1910, died of torture inflicted upon him in the prison camp of Donja
Mahala on January 30, 1993.
EVIDENCE: Witnesses 267/94-4, 396/95-7, 637/95-1 and 617/95-21.
3.4.3.14. OSTOJIC PETRA, from Vucilovac - Brcko,
born in 1910, died from consequences of torture in the prison camp of Donja
Mahala on an unidentified date in the year 1992.
EVIDENCE: Witnesses 267/94-4, 396/95-7 and 637/95-1.
Persons responsible for the crimes under
items 3.4.3.6; 3.4.3.7; 3.4.3.(11-14) - PERA VINCETIC called "Konj"
commander of the prison camp and, at present, unidentified perpetrators.
3.4.3.15. CVIJANOVIC CEDO, from Bukova Greda -
Orasje, of father Mladen, killed on May 10, 1992 after torture in the prison
camp of Donja Mahala, when two fingers of his right hand were cut off (the
thumb and the small finger). From this he had excessive bleeding, and in the
evening was taken out of the camp and liquidated. The murder was committed by Zivkovic
Mato called "Rakijica" member of the military police of the 106th
Orasje Brigade.
EVIDENCE: Witnesses 267/94-5, 637/95-2, 267/94-14, 637/95-3,
396/95-6, 396/95-8, 637/95-35 and 679/95-37.
Responsible persons: VINCETIC PERO called "Konj" commander of
the prison camp of Donja Mahala and ZIVKOVIC MATO called "Rakijica"
member of the military police of the 106th Orasje Brigade.
3.4.3.16. GAJIC MAKSO, from Loncari - Orasje, was
killed in the prison camp in Donja Mahala on May 12, 1992.
The witness
267/94-5 (637/95-2) movingly testifies about this event in the prison camp of
Donja Mahala:
"...Dragan
Kalinic came to the camp with Pero "Konj" (Pero Vincentic, commander
of the camp) and Pero asked him: "Whom do you want?" And he answered:
"This one!", taking out the knife with his right hand and catching
Gajic Makso by the hair with his left hand and stabbing the knife through
Makso’s throat. The knife passed through the throat in the way that the blunt
part of the knife was upwards and the blade downwards. Gajic did not let even a
sound from himself, looking him straight in the eye, while blood was pouring
down his body from the entrance and the exit wounds. We were all appalled with
this event. Pero called "Konj" tells him: "Fuck your Jesus, I do
not want to dirty my car". Kalinic answers: "I started the job, I
will finish it". They took him so covered with blood and had him liquidated..."
This witness also
states the following:
"...I wish to say that it is not only
terrible when they are torturing you. There is also pain and terror from such
scenes and the feeling that you will be the next one who will be killed in such
a cruel way..."
The witness 367/94-14 (637/95-3 and 396/95-6)
states the following:
"... Marko Gajic was slaughtered on May
12, 1992. The crime was committed by the member of the Union of the National
Guard from Osijek - Kalinic..."
Perpetrators: VINCETIC PERO called "Konj" commander of the
prison camp and KALINIC DRAGAN member of the Union of the National Guard from
Osijek.
EVIDENCE: Witnesses: 267/94-5, 637/95-2, 267/94-11, 637/95-6,
396/95-9, 367/94-14, 637/95-3, 396/95-6, 267/94-8, 679/95-38 and 679/95-37.
3.3.4.17. PETROVIC ALEKSANDAR called
"Aco", born in 1951 in Bukova Greda - Orasje, killed on June 13, 1992
in the prison camp of Donja Mahala after several days of beatings, mostly
tortured by Pero Vincentic called "Konj", then Marko called
"Lono" and Maskovljevic Marko called "Dulo".
EVIDENCE: 267/94-8,
267/94-11, 396/95-9, 267/94-12, 396/95-13, 267/94-14, 396/95-6, 637/95-3,
679/95-23 and 679/95-35.
3.4.3.18. PEKIC LUKA, born in 1963, of father
Janko, from Bukovac - Brcko, killed in the prison camp of Donja Mahala on May
26, 1992.
The witness
267/94-8 states the following:
"...They killed him and since he was
working in Austria (he had his own hotel and a high life insurance policy) they
placed him in a bag so that they may have some benefit from it. They were
plugging electricity on him, they were placing his head in clamps, they were
beating him with wood boards, they were pressing his toes so much that the toes
were turned into skin, he could not speak. His body was blue, as if he was
wearing a blue tee-shirt..."
According to the testimony of another
witness, 267/94-9 and 637/95-6, a bullet was fired into Pekic from the
"pumparica" gun loaded with hunting cartridges. Cartridges were
filled with salt so the wounds could not heal easily. And when they were to
heal, they were hitting him on the wounds. His death was imminent.
"...I think that they have thrown into
the Sava river Ranko Stojnic and Luka Pekic. I am drawing this conclusion
because we were the ones who were burying the killed and dead inmates. Since we
did not bury Luka and Ranko they were probably thrown into Sava..."
Responsible for the crimes committed against Petrovic Aleksandar
and Pekic Luka: PERO VINCETIC called "Konj" commander of the prison
camp and the other, at present, unidentified perpetrators.
EVIDENCE: Witnesses 267/94-8, 267/94-9, 637/95-6, 267/94-10,
267/94-11, 396/95-9 and 679/95-38.
3.4.3.19. SARIC SAVO, from Bukova Greda, born in
1940, of father Djuro, died after beating inflicted upon him in the night between
June 6 and 7, 1992 by Klajic Anto called "Bandzo", Zivkovic Zeljko
called "Zika" and Zivkovic Ivo called "Bogo". The victim
was also tortured with thirst.
The witness
637/95-3 (267/94-14 and 396/95-6 and 9) stated the following:
"...They took
Savo Saric out in the night between June 6 and 7, 1992 and were beating him up
all the night so that he died in the morning. He was killed by Klajic Anto
called "Bandzo", Zivkovic Zeljko called "Zika" and Zivkovic
Ivo called "Bogo"...’
The witness
679/95-37 stated before the investigating judge of the Municipal Court of Brcko
on August 24, 1995 the following:
"...Savo Saric
died from the injuries, he was some 48 years old and was of father Djuka. They
were pushing the baton down his mouth and throat, I have seen that
personally..."
The witness
267/94-11 and 496/95-9 states:
"...Nothing helped Savo, not even when
he was desperate from thirst drinking his own urine thinking that he might save
himself..."
EVIDENCE: Witnesses 267/94-11, 496/95-9, 637/95-3, 267/94-14, 396/95-6,
396/95-9, 679/95-23 and 679/95-37.
3.4.3.20. BOZIC RADOJKA, maiden Saric, born in
1932, died in 1992 from the injuries inflicted upon her while she was
imprisoned in the prison camp.
EVIDENCE: Witnesses 396/95-5, 679/95-34, 679/95-37 and 267/94-16.
Persons responsible for the crimes under
3.4.3.19. and 3.4.3.20 are Vincetic Pero called "Konj"
commander of the prison camp and, at present, unidentified perpetrators.
3.4.4. Killed and Wounded Serb
Inmates During Digging of Trenches
in the Area of
Orasje
3.4.4.1. During taking out of Serb inmates from the
prison camps in the area of Orasje for digging trenches and labor at the time
of combat actions, the following persons were killed:
1) NINKOVIC OSTOJA, born in
1966 in Novi Grad - Odzak, of father Milo;
2) PAVIC VID, born in 1956 in
Novi Grad - Odzak, of father Milenko;
30 LESIC STOJAN,
born in 1955 in Novi Grad, of father Mihailo;
4) MILOJEVIC CEDO, from Lipik -
Odzak, full identification is under way;
5) STOJKOVIC LJUBOMIR,
veterinarian from Orasje
6) CVIJANOVIC BRANISLAV, born
in 1969 of father Pero from Bukova Greda - Orasje, and
7) STOJANOVIC LJUBO, from
Slavonski Brod - full identification is under way.
EVIDENCE: Witnesses 637/95-1, 365/94-7, 55/95-6, 55/95-16,
55/95-28, 55/95-43, 424/95-8 and 424/94-26.
3.4.4.2. During the digging of trenches and during
the time of combat actions in the area of Orasje, further to the
persons-inmates listed in the preceding paragraph, also the following persons
were killed:
8) TATIC ZIVKO, from Novi Grad
(evidence: 593/94-11, 365/94-5, 55/95-28),
9) MILIVOJEVIC MILIVOJE, from
Donja Dubica, born in 1940 (evidence: 55/95-5, 55/95-13, 55/95-22), and
10) BJELIC SLOBODAN, from Donja
Dubica (evidence: 55/95-5, 55/95-22), who were also detained in the prison camp
of Donja Mahala - Orasje.
3.4.4.3. During the digging of trenches at the time
of combat actions the following Serbs - inmates detained in the prison camp in
the area of Orasje - Donja Mahala, were wounded:
11) PAVIC CEDA
12) RAKIC BORO
13) SISLJAGIC OSTOJA
14) TOMIC ZELJKO
15) VUKOVIC MILORAD
16) KALABIC MIKO
17) PAVIC RADE
18) TESIC BRANKO
19) VASILJEVIC LUKA
20) MAKSIMOVIC ILIJA
21) STEVANOVIC STOJAN
22) RISTANIC SPASOJE
23) DJURKANOVIC CVIJETIN
24) VLADISAVLJEVIC MARKO
25) ZARIC ZORAN
26) MARIC NEDELJKO
27) DRAGOJLOVIC SRETKO
28) TATIC MILAN
29) KRSIC BOZIDAR
30) VUKOVIC ILIJA
31) GORANOVIC STEVO
32) LAZIC MIHAILO
33) POPOVIC RADOVAN
34) DJURIC RADIVOJE, and
35) JELICIC VOJISLAV
Full identification
is now under way.
EVIDENCE: Witnesses 593/94-14, 593/94-12, 424/95-5, 365/94-5,
55/95-9, 55/95-28, find and opinion of the medical commission of medical
experts 365/94-III-11; 365/94-III-13, 584/94-20, 637/95-1 and 679/95-23.
3.4.4.4. FINALLY, IT IS NECESSARY TO SAY THAT THE
MUNICIPAL PUBLIC PROSECUTION IN BRCKO OF THE REPUBLIC OF SRPSKA, UNDER NUMBER
KT. 68/94 OF DECEMBER 29, 1994 FILED AN INDICTMENT WITH THE MUNICIPAL COURT OF
BRCKO AGAINST A NUMBER OF PERSONS, ORGANIZERS OF THE ESTABLISHMENT OF THE
PRISON CAMPS FOR CIVILIAN POPULATION OF SERBIAN NATIONALITY IN DONJA MAHALA,
FOR GIVING ORDERS TO APPLY MEASURES OF TORTURE AGAINST THE PERSONS DETAINED IN
THIS PRISON CAMP, FOR INHUMAN BEHAVIOR, INFLICTION OF GREAT SUFFERINGS, BODY
INJURY AND VIOLATION OF BODY INTEGRITY AND HEALTH AND FOR WILLFUL KILLING, THE
INDICTMENT BEING FILED AGAINST A NUMBER OF PERSONS APPEARING AS DIRECT
PERPETRATORS OF THE WAR CRIMES AGAINST CIVILIAN POPULATION FROM ARTICLE 142
TAKEN FROM THE PENAL CODE OF THE SFRY, AS STATED IN THE INDICTMENT.
The Indictment
concretely designated the following persons:
1) MATUZOVIC DJURO, called
"Tusa", from Ostra Luka - Orasje, some 45 years old,
2) BENKOVIC BRANKO, called
"Lindra", from Ugljare, Municipality of Orasje, some 45 years old,
3) MINKOVIC MARKO, from Telisa,
Municipality of Orasje, some 40 years old,
4) VINCENTIC ILIJA, called
"Ilja" from Donja Mahala - Orasje, some 33 years old,
5) ORSULIC IVO, called
"Ivso", from Tolisa, some 45 years old,
6) KNEZEVIC TOMO, from Vidovica, some
34 years old,
7) KOBAS PAVO, from Vidovica,
municipality of Orasje, some 40 years old,
8) DJOJIC PAVO, called
"Faktor" from Donja Mahala, municipality of Orasje, some 45 years
old,
9) JOZIC MATO from Brcko, some 33
years old,
10) ORSULIC TADO, from Ostra Luka, some
34 years old, a former chief of the Public Safety Station in Orasje,
11) HADZISPAHIC MUSTAFA, from Orasje,
some 48 years old, a civil engineer,
12) DELIC NEHO, from Foca, some 42 years
old,
13) MAHMUTSPASIC HUSEIN, called
"Cviko",
14) REDZEPOVIC TAHIR, from Orasje, some
44 years old,
15) SINANOVIC SEFKET, from Orasje, some
45 years old,
16) MEHMEDOVIC ESAD, called
"Beban", from Orasje, some 42 years old,
17) KOPIC HASAN, called "Kopo",
from Orasje, some 46 years old,
18) KLEMIC HUSEIN, called
"Huso", from Orasje, some 66 years old,
19) HECIMOVIC SINAHID, from Orasje, some
48 years old,
20) KAMBEROVIC MIRSAD, from Orasje, some
45 years old,
21) BANKOVIC ILIJA, called
"Caja" from Ugljara - Orasje, some 55 years old,
22) NEDIC JOSA from Tolisa, Municipality
of Orasje, some 42 years old,
23) NAUTOVIC EKREM, called
"Eko" from Orasje, some 43 years old,
24) KRZNARIC MATE from Obrovac, some 47
years old, before the war a director of the "Mehanika" company from
Orasje, and
25) SIMIC MATE, from D. Rahic - Brcko,
some 57 years old, before the war a secretary for sports and physical culture
in Orasje.
26) VINCETIC PERO called "Konj"
27) VIKTOR PETAR, from Donja Mahala -
Orasje, some 30 years old,
28) KNEZEVIC MARKO, called
"Lona" from Ugljara - Orasje, some 30 years old,
29) ZIVKOVIC MATO, called
"Rakijica" from Donja Mahala - Orasje, some 40 years old,
30) KLAJIC DAMIR called "Dama",
from Donja Mahala, some 22 years old
31) KLAJIC IVICA from Donja Mahala -
Municipality of Orasje, some 25 years old,
32) JURIC MIRKO, called "Kemi"
from Donja Mahala - Orasje, some 20 years old,
33) FILIPOVIC PEJO, called
"Babo" and "Wolf from Sava", from Donja Mahala - Orasje,
some 65 years old,
34) MARKOVIC MIROSLAV, called
"Sikan", from Ugljara municipality of Orasje, some 35 years old,
35) FILIPOVIC IVICA, called
"Corak", from Donja Mahala, Municipality of Orasje, some 32 years
old,
36) FILIPOVIC NIKO, called
"Nikso" from Donja Mahala, Municipality of Orasje, some 35 years old,
37) ZIVKOVIC ANTO, called
"Zika" from Donja Mahala, Municipality of Orasje, some 23 years old,
38) DJURIC STJEPAN, called Stile"
from Donja Mahala - Orasje, some 25 years old,
39) BALTIC MATO, called "Cikan"
from Donja Mahala - Orasje, some 27 years old,
40) KABAKLIC AHMET, called
"Grga" from Orasje, some 37 years old,
41) HRUSTEMOVIC SMAIL, called
"Smajo" some 28 years old,
42) HADZIOMEROVIC ELVIRA, merchant from
Orasje, some 35 years old, of father Alija,
43) TERZIC NINA, from Odzak, now from
Donja Mahala, some 23 years old,
44) PAMUKCIC PAKIR, from Orasje, some 30
years old, of father Vuceta,
45) AGANCETOVIC ZIJAD, called
"Zijo" and "Beca" from Orasje, some 27 years old, of father
Mehmed,
46) BECEVIC SAMIR, called
"Suke" from Orasje, some 23 years old, of father Zulfaga,
47) ZIVKOVIC ZIVO, called
"Bogo" from Orasje, some 25 years old.
3.5. PRISON CAMPS IN ODZAK
Serbian population
from Gornji Svilaj, Donja Dubica, Struka, Trnjak and Novi Grad in the area of
the municipality of Odzak and Odzak itself, was deceived and instead of finding
itself in the liberated territory, was deported on May 8, 1992 to the two
established prison camps in the area of Odzak - to the Primary School in Odzak
and to the premises of the "Strolit" company. At the same time, their
property was plundered and their houses burnt down. Otherwise, a number of
Serbs - inmates who were lucky enough to survive, passed through several prison
camps in the area of Bosnian Posavina - they were in the camp in Odzak, then in
Bosanski Brod, then in Orasje - Donja Mahala, depending on how the Serbs in
time were liberating certain areas.
Hereinafter we shall
present those few surviving cases in respect to the overall enormous perdition
of the Serbian people in these prison camps, but they will, nevertheless, show
what inhuman treatment was inflicted upon Serbs - inmates, and how they were tortured
and even killed in these camps.
3.5.1. Torture - Body Injury of Inmates
At the very beginning, to make, perhaps,
easier better understanding of the origin of so much sick imagination that the
perpetrators of the atrocious crimes committed against Serbs have shown in the
prison camps in Odzak - we shall state one detail from the testimony of the
witness PANIC MILAN (born in 1942), who is confirming the statements by many
other inmates about the conditions of living for Serbs - civilians in the prison
camps of Odzak, and also states one truly interesting fact.
This witness, inter
alia, states the following:
"...Ante Golubovic in June 1992 was
showing some manual of the Foreign Legion, saying that in that book there are
explanations of all the ways how to beat, torture and kill. He was saying that
the Ustashi spirits are resurrected from the World War Two and that they will
carry out the ideas of the Ustashi ideology to the end..."
Hereinafter in this report, beyond any doubt
it will be seen that Ante Golubovic, unfortunately, did apply well indeed his
knowledge acquired from the said manual, and turned its instructions into a
daily routine of the prison camp.
3.5.1.1. In the prison camp of Odzak in the month of
June 1992 all the Serb inmates with the family name of Ninkovic were called
out, some 15 of them, and when they approached, they were ordered to knock
their heads against the wall until they started bleeding. One of them, who was
not kicking his head hard enough against the wall, was hit with a pistol on the
forehead by the commander of this torture ordeal, and those who remained
conscious he was forcing to hit each other.
Perpetrator of this
crime is DJOJIC TOMO, member of the group "Fire Horses" within the
formation of the second combat 102nd Odzak Brigade.
EVIDENCE: Witnesses 191/94-38, 280/95-10, 280/95-72, 280/95-73
and 191/94-5.
3.5.1.2. In the prison camp in the Primary School in
Odzak during the year 1992 the Serb inmates were forced to stand at attention
and sing the song "Here is dawn, here is day" even fifty times in a
row, so many were fainting from exhaustion.
For this torture of
Serbs the responsible person is GOLUBOVIC ANTO - commander of the prison camp.
EVIDENCE: witness 280/95-5
3.5.1.3. In the prison camp in the Primary School in
Odzak in May-June 1992 DJOJIC TOMO ordered nine of the inmates "to sit
close to the wall, to put their hands on the floor and to lower their
heads", and then he would pass along them in one direction and would kick
every Serb inmate with the sole of his boot in the temple from one side, and
then would return from the other direction and would do that again. Then he
would order an inmate to do the same on one side, what he was doing. The same
member of the already mentioned extremist group "Fire Horses" would
order the inmates, when he had previously placed the glasses on their heads, to
kick their heads against the wall, but not to break the glasses.
EVIDENCE: witness 280/95-9
Perpetrator of the crime :
DJOJIC TOMO
Responsible
person: GOLUBOVIC ANTO, camp
commander.
3.5.1.4. The witness 365/94-1 (191/94-29 and
280/95-67) from Novi Grad, Municipality of Odzak, who was detained in the
prison camps located in Odzak, then in Novi Grad near Odzak, in Bosanski Brod,
and finally in the prison camp in Slavonski Brod from May 8, 1992 to September
16, 1992, is one of the many who were subjected to various terrible tortures
and humiliations, but one of the few who left the camp alive. His testimony
confirms the following:
The witness
described several types of torture:
The witness stated that even after beating
the inmates were not promptly returned to the hall, but in that terrible state
had to run.
Several times in such a situation the witness
could not walk but had to crawl, and one of the torturers in such situations
would ride on him saying: "Come on, Cedo, the faster you get there, the
less beating you will get".
The witness described yet another type of
torture and humiliation, mentioned also by the other witnesses.
In the prison camp in Odzak, once the
commander Golubovic Anto came, and Tolic Josip and Bozic Jurica, chiefs of the
guard shifts were already there, and took the witness into a room where a
completely naked S was already lying on the floor, some 22-23 years old girl
from Novi Grad and a mentally disturbed person. He was ordered to take off all
of his clothes and to lick the sexual organ of S, which he did, while the
torturers were laughing. S. did not react at all. Then they forced S to suck
his sexual organ, which she did, while Tolic Josip all the time was hitting her
on the behind and back with the baton.
The witness stated the names of other inmates
who were forced to have a sexual intercourse with S.L.
Finally, the witness specified that he was
beaten, as well as the other inmates, by Golubovic Ante, Tolic Josip, Bozic
Jurica, Cindric Damir, but also by: Ahmetovic Ibrahim called "Ibe",
Ahmetovic Bahrija, Hodzic - Mehic Nerman, Hodzic - Mehic Sead, Topolovac Simo,
"and I heard that he was raping women who were in the camp", Djojic
Tomo, member of the HVO, Saldic Omer, Puzic Enes, Nikolic Zdenko, Terzic
Albina, called "Nina" and Hodzic Adisa.
EVIDENCE: Witness 365/94-1; 191/94-29 and 280/95-67.
Responsible person for the crimes is
GOLUBOVIC ANTO, commander of the camp and all the persons stated in the
testimony of the witness 365/94-1 (191/94-29 and 280/95-67).
3.5.1.5. The witness 365/94-1 was examined by the
medical commission of the medical experts - specialists in forensic medicine
and the commission submitted its written find and gave its opinion:
On the witness
365/94-1 regular-shaped circular grey-whitish scar was found on the root of the
left hand, 1x1 cm in diameter, that could have been caused by a burn from the
cigarette, and at the time of infliction that injury may be qualified as a
slight body injury, that it was followed by pain of high intensity, that the
callus on the 8th left rib was caused by the fracture of this rib
which was caused by a blow with a blunt mechanical object, such as fist, knee,
foot, baton, rod, etc, and that this fracture is a slight body injury, that on
the left hand scars were found and also on the thigh and right shin, and on the
right temple, caused from the inflicted injuries, on the basis of anamnesis,
after possible cuts caused by blows of a blunt mechanical object, such as baton,
riffle butt, boot, etc.
The contents of the
said written find and opinion of the medical commission of medical experts and
all the other evidence, confirm that the testimony of this witness is
admissible beyond any doubt.
EVIDENCE: written find and opinion of the medical commission of
medical experts 365/94-III-9.
3.5.1.6. Several of the former prison camp inmates -
witnesses stated that Golubovic Anto was beating and torturing them -
hitting them with baton, feet, iron chairs, ordering an inmate from the
distance of 5 meters to run and hit his head on the wall and do it five times
in a row - until he faints, that on several occasions both in the prison camp
in Odzak and later in Bosanski Brod he was calling out entire families for
beating.
EVIDENCE: Witnesses 365/94-2, 365/94-4, 365/94-5, 365/94-7,
593/94-10, 593/94-3, 593/94-14, 55/95-3, 55/95-18, 55/95-2, 55/95-39 and
280/95-4.
Perpetrator of the crimes: GOLUBOVIC ANTO, camp commander
3.5.1.7. A large number of witnesses - Serbs, former
inmates, states that Tolic Josip, chief of the guard shift in the prison
camp in Odzak, and later in the prison camp in Bosanski Brod, was beating and
torturing inmates, so the witness 280/95-8 testified that Tolic Josip was
kicking him with a boot in the back, witness 280/95-66 testified that Tolic
Josip was one of those beating him the most, witness 280/95-1 testified that
Tolic Josip was taking out several times groups of inmates to be subjected to
torture, concretely that he was taking part in the beating of COJIC SPASOJE
from Trnjak, GORANOVIC SAVO from Donja Dubica, DEVIC BRANKO from Novi Grad, and
especially stated that in late May or early June 1992 he forced him to fight
with a baton JAGODIC OBRAD from Donja Dubica, and since he was not satisfied
with the intensity of blows, he took the heads to the two men and hit one head
against the other, so that both of them fainted, while the witness 280/95-5
testifies that Tolic Josip was one of the persons who were in different ways
beating and torturing the inmates.
EVIDENCE: Witnesses 365/94-2, 365/94-4, 365/94-5, 365/94-7,
593/94-10, 280/95-8, 280/95-66, 280/95-1 and 280/95-5.
Perpetrator of the crimes: TOLIC JOSIP, chief
of the guard shift in the prison camp in Odzak.
3.5.1.8. Here we shall present very concrete
testimonies of a large number of inmates of the prison camp in Odzak, who were
in large numbers detained within a small area, who were mercilessly tortured
only because they were Serbs, and had to suffer not only their own agony but
also endure the sufferings of their compatriots. Most often they are mentioning
the following persons as their main torturers, as is confirmed by the
testimonies of the said witnesses, and many others they did not even know:
1) GOLUBOVIC ANTO, prison camp
commander
2) TOLIC JOSIP, chief of the guard
shift
3) BOZIC JURICA, chief of the guard
shift
4) DJOJIC TOMO
5) DJOJIC ANTE
6) NIKOLIC ZDENKO
7) AHMETOVIC IBRAHIM called
"Ibe"
8) HODZIC - MEHIC NERMAN
9) HODZIC - MEHIC SEAD
10) TOPOLOVAC SIME
11) TERZIC ALBINA called "Nina"
12) HODZIC ADISA
13) CINDRIC DAMIR
14) KLAJIC IVICA
15) RAJCEVIC IVICA
16) DZANANOVIC NEFRID
It is necessary to bear in mind here that all
of these Serbs - witnesses, victims, are to be found "on the list of
detainees in the prison (school)" which was complied by the Croat Defense
Council of Odzak, which was found and which shall be discussed in more detail
while speaking of the ethnic cleansing of Serbs from these areas (evidence:
191/94-document 11), which is an integral part of this report.
3.5.1.9. The witness 476.94-2 (55/95-29) born in
1941, in his testimony given before the investigating judge, stated that in the
prison camp in the Primary School in Odzak no one was spared various forms of
torture. They were beating the inmates with batons, fists, boots. In the prison
camp in Odzak the witness was Imprisoned from early May to July 9, 1992, and
was then transferred to the prison camp in Bosanski Brod where he remained
until June 1, 1993.
According to the
anamnesis that the witness gave to the medical commission of medical experts,
on June 28, 1992 in the prison camp in Odzak they threw a school desk on his
head when he suffered injury of the spine and could not walk for two weeks.
The find and
opinion of the medical commission of medical experts confirms the following
state of the witness 476/94-2:
"...fracture
of the extension of the 7th cervical vertebra as a consequence of a
blow by a blunt mechanical object. In view of veracity of the anamnesis that
the witness after the fracture could not walk for a certain time, it may be
concluded that together with a fracture of the 7th cervical vertebra
there was a disturbed function of the center and routes of spinal marrow at
that height, which all together at the time of infliction represents a serious
body injury. During the infliction of the injury there was a pain of high
intensity. As a direct consequence of these injuries the witness now
experiences a limited mobility of the head followed with pain and crepitation
in the neck area, and it is possible that for this reason he is "not
feeling the first three fingers of his left hand".
EVIDENCE: witnesses 476/94-2; 55/95-29, find and opinion of the
medical commission of medical experts, specialists in forensic medicine and
neuropsychiatry (365/94-III-3).
3.5.1.10. The witness 424/95-10 (born in 1940) was
detained in the prison camp in the Primary School in Odzak from May 8, 1992 to
August 25, 1992.
The witness stated
the following before the investigating judge:
"...They were ordering us to stand by
the wall with our arms up and would curse our Serbian mother, Chetnik mother
and would threaten that we shall all be killed, that for Serbs there is no more
life. They were kicking us with boots, riffle butt, wood boards, rods, batons,
fists, pieces of metal pipes of 70-80 cm in length, pieces of cable for
electricity conducting and all possible other objects. If anyone would fall
down they were stumping him with feet. The groups that were beating us were
headed by Ivica Klajic, Josip Tolic, Tomo Djojic, a certain "Vauga"
and the others that I do not know their names. They were all wearing black
Ustashi uniforms with Ustashi insignia and were demanding to be addressed as
"Mister Ustasha". They were forcing us to sing the Ustashi songs for
several hours on end, and were beating us every day several times, most often
at night... After the release from the prison camp I was sent for medical
treatment to Belgrade at the Military Medical Academy hospital because my bones
had healed with deformities so they had to be broken again and treated..."
EVIDENCE: Testimony of the witness 424/95-10, the victim.
The find and opinion of the medical
commission of medical experts specialists in forensic medicine and
neuropsychiatry regarding the witness 424/95-10 confirm that testimony of this
witness can be admitted beyond any doubt.
From the find and opinion of the said
commission it is determined that the callus on the right shoulder bone was
formed on the spot of its fracture, which fracture was caused by a blow of a
blunt mechanical object and in itself at the time of infliction represented a
serious body injury, and that the determined calluses on the lower end of the
left shoulder bone were formed on the places of its fracture, which fractures
were caused by blows of a blunt mechanical object. These fractures at the time
of infliction are qualified as serious body injuries.
Medical specialists in forensic medicine and
neuropsychiatry gave the opinion that as a direct consequence of heeling of the
said fractures the witness 424/95-10 suffered a limited extension movement of
the left elbow joint.
EVIDENCE: Find and opinion of the medical experts - specialists
in forensic medicine and neuropsychiatry (365/94-III-4).
3.5.1.11. One of the victims of the prison camp in
Odzak, and also camps in Bosanski Brod and Orasje was also the witness
424/95-11 (born in 1952) detained from May 8, 1992 to November 5, 1992.
The witness
describes torture in the camp in Odzak and, inter alia, states the following:
"...In the
beatings of the detained Serbs especially outstanding was a certain Cindric
from Slavonski Brod, and with him were Ante Golubovic, Josip Tolic, Ivica
Klajic, Tomo Djojic, Zdenko Nikolic and others. I knew them all from before at
sight, because they were the neighbors from the adjacent villages... During the
imprisonment in the prison camp in Odzak, one day when I was taken out to be
beaten, Croat soldiers were jumping on my chest and on that occasion several of
my ribs were broken both on the left and on the right side, and I had many
injuries in the area of the spine and other parts of the body. I was examined
by the medical experts in Samac and a medical documentation was then made..."
EVIDENCE: 424/95-11.
The written find and opinion of the medical
commission of medical experts, specialists in forensic medicine and
neuropsychiatry confirms that the testimony of this witness 424/95-11 may be
admitted as evidence beyond any doubt.
From the find and opinion of the medical
commission it is determined that the described calluses on the 8th
and the 9th left ribs in the same line were formed on the places of
fractures of these ribs, which fractures were caused by at least one blow by a
blunt mechanical object such as fist, knee, foot, baton, rod, etc. These
fractures themselves are qualified as slight body injury. The opinion was given
that the callus on the 8th right rib formed on the place of fracture
of this rib was caused in a similar way as the fracture of the left rib and
this fracture in itself is qualified as slight body injury.
EVIDENCE: The written find and opinion of the medical
commission of medical experts 365/94-III-5.
3.5.1.12. The witness 55/95-3 (born in 1962) was
detained during the year 1992 in the prison camps in the area of Bosnian
Posavina, and in the prison camp of Odzak starting from May 8, 1992. The
witness was also detained in the prison camp in Split.
The witness 55/95-3
testified before the investigating judge and described beatings suffered in the
prison camp in Odzak, specifying the following:
"...They were
beating us until we fainted, and afterwards they would drag us to the gym and
would leave us there... Croat soldiers in the Ustashi uniforms and with such
insignia were torturing us in such a way that they would sit on our chest and
wait to smoke a cigarette and then they would extinguish cigarettes on our arms
and other parts of the body. They were even ordering some of us to open our
mouth and would extinguish the cigarettes on the tongues. They were
extinguishing their cigarettes on my left forearm, and I am having today
visible scars..."
The witness
underlined that on September 25, 1992, during the transfer of inmates from the
prison camp in Bosanski Brod to Slavonski Brod he found a mine and after its
explosion he lost his left leg.
This witness was
also subjected to medical examination by the medical commission of specialists
in forensic medicine and neuropsychiatry and from the written find and opinion
of the medical commission the following is concluded:
That the witness
55/95-3 suffered explosive injuries of the left and the right leg, so that the
amputation of the left leg had to be performed, so that it may be concluded
with certainty that these injuries at the time of infliction in themselves are
qualified as serious body injuries and potentially lethal body injuries. There
was also intensive pain and fear of high intensity, and the witness because of
this is completely incapable of performing his job as an electrician and needs
constant care by other persons.
In the written find
and opinion it is stated that the examination showed a reduced mobility of the
left arm in the shoulder joint with visible atrophy of the muscles, most
probably as a consequence of the injuries suffered in the form of sprain of the
left shoulder, which injury at the time it was inflicted in itself represents a
serious body injury. This injury was caused by a blow of a blunt mechanical
object, such as a riffle butt, and upon infliction it was accompanied by pain
of high intensity.
Finally, in the
written find and opinion of the medical commission the found scars on the skin
of left forearm and the left hand show that they are the consequence of the
injuries suffered in these areas, and on the basis of anamnesis it is possible
that the cuts were inflicted by a blow with a sharp edge of a mechanical
object, and the detected regular shaped circular grey-whitish scars on the left
hand could have been caused as a consequence of burns from extinguishing
cigarettes. Each one of these burns at the time it was inflicted was a light
body injury and during the infliction of the injury there was pain of high
intensity.
EVIDENCE: Testimony of the witness 55/95-3 and the written find
and opinion of the medical experts 365/94-III-8.
3.5.1.13. Another witness - victim, a Serb, testifies
about his agony at the time of his detention in the prison camps in the area of
Bosnian Posavina - in Odzak, then in Bosanski Brod and in Orasje.
The witness 365/94-5
(born in 1970) was detained in the prison camp in Odzak from May 8, 1992 to
July 9, 1992.
The witness
describes one event in the prison camp in Odzak in the following way:
"...While I
was detained in Odzak, one night I was taken out with another ten inmates by Ivica
Klajic and with him were also Ante Golubovic, Josip Tolic and some other
Croats and Muslims that I do not know. They took us out into the corridor,
placed us next to the wall with our faces turned towards the wall, and then
started to bestially beat us all over the body, with batons, chairs that they
could grab and feet with the boots on. If anyone would fall they would jump on
him, and then they ordered some inmates to take out the fallen one to wash his
face... After the beating I felt terrible pain and had bruises..."
This witness while
he was detained in the prison camp of Donja Mahala was taken to dig trenches
during the combat actions, where he was injured by a grenade so that the geller
of the grenade pierced his frontal bone and remained there, but his brain was not
damaged. Another several inmates were killed or wounded.
The witness
365/94-5 was also an eye-witness of the torture and injuring of the other
inmates and in the corresponding sections of this report the number of the
minutes on the testimony of this witness is recorded as evidence.
The validity of
testimony of this witness is confirmed by the find and opinion of the medical
experts, specialists in forensic medicine and neuropsychiatry.
Namely, from the
written find and opinion of the medical commission of medical experts it is
confirmed that the witness 365/94-5 suffered injuries in the right frontal part
caused by explosive dispersing agent when the fracture of the bone of this part
occurred, followed by the injuries of the scull cavity so that the patient had
submitted to surgery. Injury at the time of infliction in itself is
qualified as a serious and possibly lethal body injury. The medical experts
have concluded that because of the injuries suffered the witness 365/94-5 must
take daily PHENOBARBITONE for prevention of post-traumatic epilepsy and as
the consequence of suffered head injuries the witness is showing signs of
post-traumatic syndrome.
EVIDENCE: The written find and opinion of the medical
commission of medical experts 365/94-III-10 and the minutes 365/94-5.
3.5.1.14. The witness 424/9-5 (born in 1963) was
detained from May 8, 1992 to January 12, 1993 in several prison camps - first
in the camp in the premises of the Primary School in Odzak. While he was in the
prison camp in Orasje - Donja Mahala, he was forced to take part in digging of
trenches even during the combat actions and was wounded on November 8, 1992 in
the head, near the village of Grebnica. He lost sight on his right eye.
About the situation
in which the Serb inmates were in and he himself, the witness states the
following before the investigating judge:
"... After our
imprisonment Croat and Muslim soldiers started to take out groups of Serbs from
the hall and when they would return, they were beaten up, bruised and bloody.
The group of soldiers which was beating us was headed by Ante Golubovic from
Odzak, whom I knew from before, then by Josip Tolic from Novo Selo, Ilija
Klajic from Vrbovac and a certain Ivica who was from Bijele Bare, but I do not
know other details about him..."
The medical
commission of medical experts, specialists in forensic medicine and
neuropsychiatry, gave its opinion on the basis of examination of the witness
424/9-5 and corresponding medical documentation that the witness suffered an
injury on the right frontal part of the head caused by explosive dispersive
agent, that there was a fracture of the bones of this part of head and face
with the injuries to the contents of the skull cavity and the right eye,
because of which he was operated, that they are serious and potentially lethal
injuries at the time of infliction, that as a consequence the witness 424/9-5
has a 30% reduced vision and because of the injuries suffered in the right part
of the head and face he is deformed. Finally, as a direct consequence of the
suffered injuries and the loss of the right eye and deformities, the witness
424/9-5 is experiencing psychological suffering especially manifested in an
inactive and depressive reaction.
EVIDENCE: The written find and opinion of the medical commission
of medical experts 365/94-III-11 and the minutes on the hearing of witness
424/9-5 before the investigating judge.
3.5.1.15. The witness 424/95-29 (born in 1957) was
detained from May 8, 1992 to July 5, 1992 in the prison camp in the school
premises in Odzak.
In his testimony
before the investigating judge this witness stated that the inmates were
"terribly tortured" and during the beatings - torture, no objects
were neglected. The witness states the following:
"...They were
beating us several times during the day and most often in the late night hours.
They would enter the hall and would step on us lying on the floor and from this
I suffered the injury in the form of fraction of my ribs on the left side and
the injury of my right eye..."
This witness stated
that the inmates were being told that they are a lower class and that there
will be no life for them in this state, that they will all be liquidated by
slaughter, killing and torture by hunger. The witness was an eye-witness to the
tortures and to even inflicting of lethal injuries to the other inmates -
Serbs, and in this report in appropriate sections hearing of this witness is
proposed.
The witness
424/95-29 was subjected to the medical examination by the medical commission of
specialists in forensic medicine and neuropsychiatry.
The written find
and opinion of the medical commission of medical experts determines that the
witness 424/95-29 has calluses on the 7th and the 8th
left ribs in the height of the armpit line, that there are longitudinal whitish
scar in the middle of the cranial bone size 5x0.3 cm. In the area of the navel
the existence of a hernia was found the size of a walnut, and the right eye
ball and the entire right cheekbone space of the face is pushed backwards, so
that there is a clear disproportion in respect to the left side of the face.
The given opinion is that the found deformation of the right side cheekbone
side of the face in the form of pressing backward is the consequence of the
inflicted fracture of the face bones in this area, which is a serious body
injury at the time of infliction and during the infliction followed by pain of
high intensity and fear of high intensity.
Because of the
suffered deformity the witness 424/95-29 is now deformed. Finally, the opinion was given that the found scars on
the cranial part and on the 7th and the 8th left ribs are
the consequence of at least one blow by the blunt mechanical object, such a
fist, knee, foot, riffle butt, etc., and that they are slight body injuries,
but that the witness 424/95-29 suffered pain of high intensity.
EVIDENCE: Witness 424/95-29 and the opinion of the medical
commission of medical experts 365/94-III-12.
3.5.1.16. The witness RAKIC BORO (born in 1964) was
detained with a large number of other Serbs who were before the war living in
Novi Grad, Municipality of Odzak, in several prison camps in the area of
Bosnian Posavina - in Odzak from May 8, 1992 to July 9, 1992, a shorter time in
the prison camp in Slavonski Brod, then in Bosanski Brod up to October 6, 1992
and from that time to January 29, 1993 when he was released and exchanged, in
the prison camp of Donja Mahala - Orasje. In all of these camps he was beaten
and tortured. Like many other Serb inmates, he was beaten by various solid
objects that came handy to the torturers. This witness, inter alia, while
testifying about the torture in the prison camp in Odzak, states the following:
"...We were
all blue from bruises, covered with blood and swollen, and the soldiers who
were beating us were forcing us to lick the blood from the floor and to sing
the Ustashi or Muslim songs..."
While speaking of
the time spent in the prison camp of Bosanski Brod the witness underlines that
the Croat soldiers were cutting him up with the tip of the knife on the chest
and were threatening to slit his throat. When he was taken to the prison camp
he had 106 kilograms of body weight and when he was released he had some 70
kilograms.
This inmate was
also subjected to the examination by the medical commission of medical experts
in forensic medicine and neuropsychiatry and after the examination of the
witness 424/95-19 the commission concluded that there are scars on the front
part of his chest and was of the opinion that they were formed on the places of
inflicted injuries in this part and on the basis of anamnesis, from the
possible cuts inflicted by the blow of a sharp edge of the mechanical object.
EVIDENCE: Witness 424/95-19 and the written find and opinion of
the medical commission of medical experts 365/94-III-14.
3.5.1.17. The witness 365/94-4 (born in 1943) testified
about his detention in the prison camp in Odzak and before the investigating
judge stated the following:
"...In beating
of the prisoners especially outstanding was Toma Djojic from one village near
Odzak. He was beating me on several occasions and several times he broke my
nose so that I had abundant bleeding. He had his own group which was beating us
together with him..."
EVIDENCE: 365/94-4
3.5.1.18. Just how ruthless and inhuman was the
treatment of Serbs detained in May 1992 in the prison camp of
"Strolit" in Odzak, may be seen from the detailed testimony of the
witness 593/94-4 (born in 1920):
It was demanded
from the witness 593/94-4 to "confess" that during World War Two he
slaughtered the priest, honorable Trujo. He did not wish to confess, of course,
to something that he did not do, so he was subjected to various tortures at the
orders of Dujak Andrija, chief of the Croat police in Odzak.
The witness stated
before the investigating judge, inter alia, the following:
"...When I was
brought into the same room to which I was taken two days ago, there was Andrija
Dujak seated with a group of Croat soldiers... One of these policemen was Ivan
Bozic called "Papan", and the other one was Jure Bozic called
"Valuga". Andrija Dujak said that I do not want to confess to
anything, and the said Bozic said:
"...Oh yes he
will, of course he will confess!"..."
The witness further states that Bozic Ivan
struck him several times with a baton on the head. One soldier with a large
dagger threatened to cut off his ear, two other soldiers placed a cable around
his neck, tightened the cable, and said to Andrija Dujak: "Look, chief,
how his eyes will bulge". The witness further states that one day a
soldier came in, dressed in a black uniform with the Ustashi insignia and told
the witness that he has a task to shoot him. He took the witness outside, asked
him to tie a scarf around his eyes, which the witness refused, and the soldier
pointed the automatic gun at the witness in his direction, pressed the triget,
and then told him: "I was only joking". On another occasion they were
placing the barrel of a Kalashnikow gun into his mouth, then were pressing the
trigger, having previously taken out the ammunition, which fact the witness, of
course, did not know. On one occasion they pushed the tube into the witness’s
mouth and poured the liquid chlorine. They were beating the witness with the
fists, they were pulling his hair, once he was struck on the nose, blood gushed
out, then he was stabbed with a knife in the head, so he was also bleeding
there, and was forced to eat the food into which his own blood was pouring.
Finally, this witness stated that many
persons were beating him in the said camp, that the torturers were entering
into the room in which he was detained both during the day and at night, that
they were beating also the other inmates. He says that the room was entered by Golubovic
Ante, Dzananovic Nefrid from Odzak, Kelava Anto, Stanic Perica and others. The
names of the said persons he learnt from the detained Serbs, and those who
knew them well, because this witness is not from Odzak. Otherwise, during the
time of torture the witness had 73 years of age and, as he stated, during 56
days of detention he lost 27 kilograms.
EVIDENCE: 593/94-4
3.5.1.19. The witness 593/94-26 (born in 132) testified
about his sufferings in the prison camp in Odzak, and stated the following
before the investigating judge:
"... I was
taken out on June 13, 1992 and was beaten up by Tomo Djojic and on that
occasion he broke my left forearm which was healed without any medical
help...so that now my left arm is crooked, the part of the forearm. Further to
the fracture of the arm I was kicked with feet and my liver was damaged and I
have suffered a number of other injuries all over my body..."
The witness further
states:
"...Further to Toma Djojic, in the
beatings especially outstanding was also Ante Golubovic. he was one of
the terrible torturers... I wish to point out that the Ustashi, when they would
enter the sports hall where we were detained, would force Serbs to hit their
heads against the wall, for as long as they would not faint and fall down.
Furthermore, Tomo Djojic and Ante Golubovic were forcing the detained Serbs to
sit by the wall and then recite "Our Father...", the Lord’s Prayer.
Who would not know to recite would be kicked in the head with a boot, so
afterwards everyone was covered with blood...I know also that the Ustashi were
entering the sports hall and were extinguishing cigarettes on the bodies of the
detained Serbs...and if the wounds would be covered by a band-aid Toma Djojic
and Ante Golubovic would enter and mostly hit those parts of the body with
their fists and other objects, so that there was terrible bleeding..."
EVIDENCE: 593/94-26
3.5.1.20. The witness 55/95-1 born in 1965 was detained
in the prison camp in Odzak from May 8, 1992 to July 15, 1992 and his testimony
also confirms the inhuman treatment of Serbs - civilians, the inmates of the
said camp for the sole reason that they were Serbs.
This witness
underlines the following;
"...I had many injuries on the back and
the other parts of my body, my nose bones were also broken and even today I am
having visible injuries... I wish to underline that the Croat soldiers during
our detention in the camp, before starting with the beating, were ordering us
to lie down on the floor, then they would step on our backs and other parts of
the body and from this even today I feel pain in the area of my spine..."
EVIDENCE: 55/95-1
3.5.1.21. Testimony of the witness 55/95-2 (born in
1957) confirms also how much Serb civilians were exposed to physical and
psychological torture by the staff in the prison camp in Odzak. The said
witness states the following:
"...They were
beating us, especially a certain Cindric and they were saying that he is
from Slavonski Brod, also by Ante Golubovic, for whom they were claiming
that he is from Odzak, although I did not know him from before. The Croat
soldier immediately upon arrival to this camp struck me with a riffle butt and
broke four of my teeth on the right side on the lower jaw. Croat soldiers who
were beating us were mostly dressed in black uniforms with a "U"
letter insignia or were presenting themselves to us as a Ustashi..."
EVIDENCE: 55/95-2
3.5.1.22. The witness 280/95-13 in his testimony states
the following:
"...During our
detention in the prison camp in Odzak Cindric Damir was coming frequently,
and in the hall on several occasions was beating regularly the inmates with a
baton on the head, and whenever he came he would force all the inmates to stand
at attention and sing the song "Here is Dawn, Here is Day", for
several tens of times in a row, while he was sitting with his friends in the
nearby cafe drinking beer. If singing was not loud enough to be heard he would
enter the hall and would beat us with the baton demanding that we sing
louder..."
EVIDENCE: 280/95-13.
3.5.1.23. The witness 55/95-9 (born in 1943) testifies
about the torture of the Serb civilians in the prison camp in Odzak and their
humiliation. The witness states the following:
"...They were
cursing our Serbian mother saying that we all be killed and that there is no
life for us..."
The witness further
states:
"...The prison camp commander in Odzak
was Ante Golubovic, born in the village of Osjecak and was living in Odzak.
Further to Ante, in this camp was also his deputy Josip Tolic from
Bijele Bare and a certain Ivica. There was also with them Tomo Djojic,
Ustasha from Novo Selo who was forcing the detained Serbs to hit their heads
against the wall and was especially torturing them. Torture in the said prison
camp was of various kinds, among other things the inmates were forced to stand
for long hours in the sun, they were closed under the canvas when temperature
was over 30 degrees Celsius and were holding them there until they were
comatose..."
EVIDENCE: 55/95-9
3.5.1.24. About the mass and ruthless physical torture
of the Serb inmates in the prison camp in Odzak the witness 55/95-10 (born in
1940) testifies before the investigating judge by stating the following:
"...After we
were brought into the sports hall (gym) the Croat soldiers in the Ustashi
uniforms started taking the arrested Serbs in group to the classrooms of the
school and there they were first forcing us to bang our heads against the wall,
and then were hitting us with feet, fists, riffle butt, batons and wooden
chairs. Every one of us would start bleeding from the hitting from various
parts of the body, and then they would force us to lick our own blood from the
floor, cursing our Chetnik and Serbian mother. Especially outstanding in the
beating was the prison camp commander Ante Golubovic, and also Toma Djojic,
Josip Tolic, Ivica Rajkovacic and the others..."
EVIDENCE: 55/95-10
3.5.1.25. Members of Serbian nationality, father and
son, 55/95-13 (born in 1932) and 55/95-18 (born in 1968) are giving a truly
moving testimony before the investigating judge:
The witness
55/95-13 states the following:
"...I was forced to look while they were
beating my sons and when they were ordering them to hit each other. Together
with me also my son (witness 55/95-18) was exchanged, who was terribly tortured
during the detention in Odzak. Ustashi were cutting him up on the neck with the
axe and on the chest, they broke his skull bones, etc. In the prison camp in
Odzak in the beatings especially outstanding were Toma Djojic, Ante Golubovic,
Jurica Bozic, Josip Tolic, Ivica Rajcevic, a certain Resad from Odzak. They
were all wearing the black Ustashi uniforms with the insignia of the letter
"U" and on their chest on the uniforms it was written
"1941" and then "Ante Pavelic"..."
The witness 55/95-18, the son of the witness
55/95-13, who was detained in the prison camp in Odzak from May 8, 1992 to July
4, 1992 confirms the statements of his father, and especially describes the
tortures to which he was submitted in the said camp.
"...After 18 days of detention in that
camp one soldier in a black Ustashi uniform and with the Ustashi insignia, hit
me on the head with a riffle but, so that he broke my skull bones. Before he
hit me with the riffle but he was cutting me up on the neck threatening to slit
my throat, and with the tip of the knife pierced me under the beard, and I am
having the scars even today. On the chest with the tip of the knife he was
drawing the letter "U" and made a cut so that I am having even now
the scar. He was cutting me with the knife on the upper and lower sides of my
right forearm, and I am also having the scars there... I wish especially to
underline that the most difficult thing during the detention in the camp was
the knowledge that in that same prison camp also my father and my younger
brother were detained. Ustashi were forcing the two of us to fight each other
and our father had to watch. After this the Ustashi were beating both of us and
our father also had to watch this..."
EVIDENCE: 55/95-13 and 55/95-18
3.5.1.26. The witness 55/95-43 (born in 1958) stated the
following before the investigating judge:
"...in the
beating of the detained Serbs the most outstanding were Tomo Djojic...Ivica
Klajic...Ante Golubovic...Josip Tolic...They were all in black uniforms and
had a letter "U" on their cap and on their chest it was written
"Ante Pavelic 1941". While they were beating me they were cursing my
Serbian and Chetnik mother, threatening that we shall all be killed, they were
placing a knife and a pistol barrel into our mouth forcing us to bite the
barrel with out teeth and then they would suddenly pull out the barrel and the
tooth caught in the aim would be extracted..."
EVIDENCE: 55/95-43
3.5.1.27. The witness 424/95-23 (born in 1909) stated
that from May 8, 1992 for two and a half months he was detained in the prison
camps in Odzak - premises of the Primary School and in Bosanski Brod.
This witness, who
at that time was 83 years old, testifies that even he was not spared the
beating and torture. He says the following:
"...I was
personally kicked with boots and hit with fists and a metal chair by Ante
Golubovic from Osjecak. He was beating me all over the body cursing my Serbian
and Chetnik mother, threatening that we shall be killed...Life was very harsh
in the prison camps in which I was detained, because they were beating us every
day and torturing us, forcing us to sing Ustashi songs. The Croat army had no
respect for the elderly persons, but was equally treating both young and
old..."
EVIDENCE: 424/95-23
3.5.1.28. The witness 424/95-26 (born in 1951) confirms
the truthfulness of the testimonies by many witnesses regarding the crimes
committed by Ante Golubovic, Josip Tolic, Tomo Djojic, Ferid Halilovic, Jurica
Bozic and states before the investigating judge the following:
"...They were
entering in the hall with knives in their hands, and they were stabbing me with
a knife in the knee, cutting my left ear, and had broken my rib on the left
side..."
EVIDENCE: 424/95-26
3.5.1.29. The witness 424/95-43 (280/95-28), born in
1965, suffered great torture during the year 1992 from early June 1992 in the
prison camp in Odzak and his testimony is truly moving:
The witness
describes that on one occasion in early June 1992 he was called by Tolic Josip,
chief of the guard shift in the prison camp and when some of the soldiers
started beating him, Cindric Damir reacted in the way that the witness
describes as follows:
"...Then
Cindric Damir said "Go away, this is nothing. Now you shall see how the
Ustashi can beat". Then he placed me on my back side and Milos Marko on
the front side parts of the broken classroom furniture from which the nails
were sticking out, they started kicking with other objects these boards
simultaneously. When I fell on the floor Cindric jumped all over my body with
boots on, and Milos Marko was beating me with the riffle butt and with his
boots on the kidneys and in the area of sexual organs. Then they took me to the
camp, they lifted me to my feet and both of them simultaneously grabbed my hair
and started hitting my head against the blackboard for as long as the skin was
not broken and the blood started flowing. Then they threw me again on the floor
and continued to beat me with iron rods, so that I lost all feeling of time. I
can not understand how, when they stopped beating me, I could go on my own two
feet, back to the hall..."
How tragic the
position of Serb civilians in the prison camps in Odzak really was, is also
confirmed by the detail referring to the reactions of the physician at the
Medical Center of Odzak, where the witness after the torture was taken, and it
was not the first time that he was taken to the Medical Center. The witness
424/95-43 states the following:
"...I remember
that at that time a doctor named Stipo was angry at the policemen who brought
me and told them: "Either kill him or leave him alone, I can not patch him
any longer, and it is a waste to give him medicaments..."
EVIDENCE: 424/95-43 and 280/95-28
3.5.1.30. The witness 424/95-45 (born in 1922) described
in detail and very movingly her sufferings and tortures endured in the prison
camp in Odzak.
Certainly every torture is a hard experience
for everyone, and especially for the innocent victim. It is hard and unjust to
make a difference between one or the other form of torture, but it is certainly
necessary especially to point out at the ruthlessness expressed by the
torturers in the prison camp in Odzak in respect to the now deceased Dragic
Rajko from Donja Dubica and his mother, the witness 424/95-45.
The witness 424/95-45, an old women 73 years
old, was taken on May 8, 1992 to the prison camp located at the Primary School
in Odzak, together with her husband and an ailing son born in 1942, who was
disabled from birth and was bed-ridden.
The witness 424/95-45
testifies before the judge as follows:
"...That same evening in the hall where
we were lying on the floor, came a group of the Ustashi and started, while we
were lying, to hit us with feet and fists. The next day one Ustasha entered
with a lighted cigarette and started to push the lighted end of the cigarette
into my son’s mouth. I begged him not to do that, because my son was ill, but
he did not show any intention of giving up from pushing the cigarette into my
son’s mouth. Rajko was crying but it did not help. Ustasha was having his fun
for as long as he wished. The present women were begging him not to do that,
but all the pleading was in vain. On that same day a group of the Ustashi
entered the hall and all of them started to extinguish their cigarettes on the
face of my son, then they took some object which was obviously plugged into the
electrical current and with that object they were touching him on the face.
This was done in the presence of women who were in the same room and in my
presence. You can imagine how I was feeling during that situation..."
EVIDENCE: 424/95-45, 476/94-5.
3.5.1.33. The witness 476/94-7 (born in 1960) testifies
about the sufferings in the prison camp in Odzak from May 8, 1992 and later on
in Bosanski Brod and other camps, and in connection with his detention in the
prison camp in Odzak states the following:
"...When I
entered in Golubovic’s office I found there Josip Tolic and Jurica Bozic.
Golubovic asked me whether I want the exchange. I answered that I do. Golubovic
said: "Oh, Cedo, but freedom must be paid for. If you have 300 DEM we will
put you on the list for the exchange, and if you do not have you go in front of
the wall for further treatment..."
This witness also
confirmed that the inmates were tortured, beaten and that the most outstanding
in this were Golubovic Ante, Tolic Josip, Bozic Jurica "Ibe",
Ferid, Djojic Anto called "Kelin" (he was putting the bomb into
his mouth and while the witness was holding the bomb in the mouth, the guards
were beating him). He had to hit his head against the wall, and once Djojic
caught his head and was hitting the head against the wall until the witness
fainted.
EVIDENCE: 476/94-7
3.5.1.34. Many Serbs - former inmates from the area of
Bosnian Posavina, especially from the area of the Municipality of Odzak and
especially the village of Novi Grad, confirmed in their testimonies that the
tortures in the prison camps in Odzak were every day occurrence and performed
in masses and ruthlessly, that they were themselves tortured in different ways
and that they were eye-witnesses to the sufferings of others, and in their
testimonies confirmed that the greatest torture was inflicted on the inmates by
the following persons:
GOLUBOVIC ANTE,
TOLIC JOSIP, BOZIC JURICA, CINDRIC DAMIR, DJOJIC TOMO, DJOJIC ANTO, MIKULIC
ZDENKO, TERZIC ALBINA, HODZIC ADISA, HALILOVIC FERID, KLAJIC IVICA and others
stated in the testimony of witnesses and all of them are responsible for the
crimes committed against the civilian Serbian population, aimed at execution of
genocide of the Serbian people in the area of Bosnian Posavina.
Responsible
perpetrators: GOLUBOVIC ANTE, prison camp commander for all the cases of
committed crimes and all the persons stated in the testimony of
witnesses-victims, designated as direct perpetrators.
This is confirmed,
further to the above, also by the witnesses who have given their testimony in
the minutes: 55/95-4, 55/95-5, 55/95-6, 55/95-7, 55/95-8, 55/95-11, 55/95-12,
55/95-14, 55/95-15, 55/95-17, 55/95-23, 55/95-27, 55/95-28, 55/95-29, 424/95-1,
424/95-2, 424/95-3, 424/95-5, 424/95-6, 424/95-7,424/95-8, 424/95-9, 424/95-27,
424/95-20, 424/95-21, 424/95-24, 424/95-25, 424/95-27, 424/95-31, 424/95-33,
424/95-34, 424/95-35, 424/95-36, 424/95-37, 424/95-38, 424/95-41, 424/95-42,
191/94-4, 191/94-11, 280/95-72, 280/95-73, 280/95-74, 280/95-75, 280/95-76,
280/95-77, 280/95-83, 593/94-10 and 593/94-14.
3.5.2. Conditions of Living in the Prison Camps
in Odzak: Accommodation, Food and Hygiene
3.5.2.1. In the prison camp in Odzak located in the
Primary School, in the gym, during the year 1992 and in a small area some 700
inmates were detained of Serbian nationality who were being starved to death.
The inmates were receiving only a small slice of bread per day (one loaf of
bread was divided on 15-20 inmates) and a cup of tea. This was testified by a
large number of witnesses - former inmates of the prison camp in Odzak.
3.5.2.2. The witness 593/94-1 born in 1950 describes
conditions of living of Serbs in the prison camp "Strolit" in Odzak
in the year 1992, and also testifies about the torture inflicted on the Serb
inmates.
While speaking of
the accommodation and hygiene, or better the lack of the same, this witness
states before the investigating judge, inter alia, the following:
"...They took
us to a room size 5x4 meters in which 30 Serbs were detained. Since the room
was small and there was a lot of us, we could neither lie down nor sit properly
on the floor. In that room there was a bucket and we were all having our
physiological needs in it, and we were not given any water. We were given once
per day a slice of bread and a bit of soup or some tea. The slice of bread was
perhaps some 50-100 grams and the tea or soup 2-3 spoonfuls... They were
beating us and torturing only because we were Serbs...and very often brothers
Djojic would enter the camp room, I do not know anything further about them,
but there was talk that they are from Odzak, and they would beat us
mercilessly, cursing our Chetnik mother and humiliating us in different ways...
In that camp I remained for 32 days and during that time I lost 25 kilograms of
body weight..."
3.5.2.3. The witness 593/94-2 also testifies before
the investigating judge about the prison camp of "Strolit" in Odzak
and states the following:
"...During the
detention in the prison camp I lost weight so at the time of the exchange I had
only 30 kilograms of body weight. No one from my family and acquaintances could
even recognize me..."
For such a position
of Serbs in the prison camps in Odzak the most responsible person in Golubovic
Anto - prison camp commander.
Further to the
above stated witnesses, about the harsh conditions of living in the prison
camps of Odzak also testified the following: 365/95-3, 365/94-5, 365/94-7,
593/94-9, 593/94-10, 593/94-14, 593/94-25, 593/94-26, 593/94-30, 593/94-33,
55/95-1, 55/95-2, 55/95-3, 55/95-4, 55/95-5, 55/95-6, 55/95-7, 55/95-10,
55/95-11, 55/95-12, 55/95-13, 55/95-14, 55/95-15, 55/95-16, 55/95-18, 55/95-22,
55/95-28, 55/95-29, 55/95-43, 424/95-1, 424/95-2, 424/95-3, 424/95-4, 424/95-5,
424/95-6, 424/95-7, 424/95-8, 424/95-9, 424/95-10, 424/95-11, 424/95-15,
424/95-16, 424/95-17, 424/95-18, 424/95-19, 424/95-20, 424/95-21, 424/95-24,
424/95-27, 424/95-29, 424/95-30, 424/95-31, 424/95-33, 424/95-34, 424/95-35,
424/95-36, 424/95-38, 424/95-41, 424/95-42, 424/95-43, 191/94-5 and 191/94-13.
3.5.3. Humiliation, Harassment and Intimidation
The testimonies of all the former inmates of
the prison camps, of Serbian nationality, given before the court, confirm that
further to the above almost impossible living conditions regarding
accommodation, food and hygiene in which the Serbs were living as inmates of
the prison camps in Odzak which were beneath any human dignity, further to a
multitude of forms of torture - body injuries inflicted on the inmates (as
described hereinabove), and harassment of the inmates which shall be discussed
further in this report, members of the Serbian nationality were also in
different ways exposed to humiliation and intimidation.
We shall state here several concrete examples
of humiliation and intimidation.
3.5.3.1. In the month of May 1992 in the prison camp
located in the premises of the Primary School in Odzak, Hodzic Adisa, member of
the military police of the 102nd Odzak Brigade ordered the Serb
inmate G.Z. to take off all of his clothes and then brought into the room a
German boxer dog and took off the dog’s protection basket but the dog on that
occasion did not hurt the inmate.
EVIDENCE: witness 280/95-39
3.5.3.2. In the prison camp located in the premises
of the Primary School in Odzak during the year 1992 the inmates were ordered to
hit each other, to lick the blood off the floor, to lick the boots of the
staff, to hit the blackboard or the wall with their heads.
EVIDENCE: witness 280/95-7
3.5.3.3. In the prison camp in the Primary School in
Odzak during the year 1992 Terzic Albina called "Nina" member of the
HVO military police, ordered the inmates to take off their pants and underwear
and her dog the big Dane would sniffle their sexual organs.
EVIDENCE: witness 191/94-13.
3.5.3.4. In the prison camp in Odzak during one
"interrogation" during the month of May - June 1992 Nikolic Zdenko,
member of the HVO military police of the 102nd Odzak Brigade, who
was physically torturing on several occasions the inmate 191/94-4 from Trnjak,
threw in front of him several pork bones that he was eating, saying:
"Eat this,
curse your Chetnik mother, this is for you, you are no better than the
dogs".
EVIDENCE: witness 191/94-4
3.5.3.5. GOLUBOVIC ANTO, as the prison camp commander
in Odzak, TOLIC JOSIP, as the chief of the guards shift and TERZIC ALBINA
called "Nina", several times organized the so-called "Camp
Wedding" - of a woman inmate and a man inmate, members of Serbian
nationality, with the music and in their presence and the presence of other
inmates, forcing them to have a public sexual intercourse.
EVIDENCE: 191/94-4 and 191/94-13
3.5.3.6. The witness 476/94-7 (born in 1960)
testifies, inter alia, that in the prison camp in Odzak the following was
happening:
"...They took
out J.G. and Dj.K. In front of every body they were forcing J to suck the
sexual organ of Dj, and then to put a finger in each other’s anus and lick the
fingers..."
This witness,
certainly under the impression of everything that he suffered in the prison
camps, is saying:
"...The other
martyrs can not complete this picture of humiliation and torture by their
testimonies. They were killed. That is why I can say only one thing: those
Serbs who are again in favor of the false brotherhood and unity, I wish to God
that they will fall into the hands of their "brothers"..."
3.5.3.7. It should be mentioned that in the presented
survey of the methods of torture - humiliation, harassment and intimidation
committed against the members of Serbian nationality in the prison camps in the
area of Bosnian Posavina, in this report in the section 3.2. presentation was
given for the said forms of humiliation, harassment in the prison camps of
Odzak as well and the evidence numbers quoted, so we shall not repeat this
here.
Furthermore, from
the said presentation it is determined that in the prison camps in Odzak the
other forms of humiliation, torture and intimidation were present.
We shall state here
several of them:
For all the stated crimes against civilian
population - members of Serbian nationality, the direct responsible
perpetrators are, of course, the individuals whose names were stated, and
certainly Golubovic Anto as the prison camp commander.
3.5.4. Killing of Serbian Inmates in the Prison
Camps in Odzak
Further to the already presented various
types of torture - body injuring of inmates, members of Serbian nationality in
the prison camps in Odzak, the presented poor, almost impossible, living
conditions in these camps, and presentation of humiliation, torture and
intimidation of the Serb inmates in the prison camps in Odzak, as far as it was
determined until now, several Serb inmates were also killed in the said camps.
3.5.4.1. In the month of July 1992 in the prison camp
located in the Primary School in Novi Grad - Odzak, several military policemen
were beating Cvetkovic Simo called "Drinic" from Gornji Svilaj -
Odzak, born in 1931, and the last one to beat him was Golubovic Anto, who broke
a chair while beating Cvetkovic Simo with it, Simo fainted and from the
inflicted injuries died on that same night on July 12, 1992.
EVIDENCE: Witnesses: 593/94-33, 55/95-9, 55/95-19, 424/95-11,
424/95-15, 424/95-17, 324/95-26, 424/95-33, 424/95-34, 424/95-36, 191/94-13,
191/94-14 and 280/95-73.
3.5.4.2. In the month of July 1992 in the prison camp
for Serbs, located in the premises of the Primary School in Odzak, Golubovic
Anto, Tolic Josip and Halilovic Ferid, the first one in his capacity of the
prison camp commander, the second one in the capacity of the chief of the
guards shift and the third one in the capacity of the member of the military
police of the 102nd Odzak HVO Brigade - guard in the camp, on
several occasions were beating the inmate TOMANOVIC RADE, with fists, boots and
other objects. Then they tied his hands to the volley-ball pillar, and were
beating him so tied up. Halilovic Ferid was hitting him with a riffle but on
the back. From the inflicted injuries he soon died, still tied to the pillar,
on June 24, 1992.
One of the
eye-witnesses of the death of Tomanovic Rade was also the witness 55/95-14,
also an inmate, who stated the following before the investigating judge:
"...I was
present when they were beating Rade Tomanovic from Novi Grad, for as long as he
did not succumb to the injuries. After he died his body was kicked by Ante
Golubovic who was saying: "TAKE THIS DOG AWAY!"
EVIDENCE: witnesses: 365/94-2, 365/94-5, 593/94-13, 593/94-14,
53/94-40, 593/94-31, 593/94-33, 55/95-1, 55/95-2, 55/95-4, 55/95-7, 55/95-10,
55/95-11,55/95-14, 55/95-16, 55/95-18, 55/95-22, 55/95-28, 55/95-43, 280/95-72,
280/95-73, 280/95-74, 280/95-75, 280/95-76, 280/95-77, 280/95-84, 424/95-1,
424/95-2, 424/95-4, 424/95-5, 424/95-9, 424/95-11, 424/95-15, 424/95-17,
424/95-19, 424/95-20, 424/95-24, 424/95-26, 424/95-27, 424/95-29, 424/95-30,
424/95-31, 424/95-33, 424/95-34, 424/95-35, 424/95-36, 424/95-37, 191/94-4,
191/94-5, 191/94-13 and 22/97.
3.5.4.3. In the month of May 1992 in the prison camp
of "Strolit" in Odzak, Golubovic Anto, camp commander, together with
Djojic Tomo, Culap Mirko and Tolic Josip - members of the HVO police, several
times wa beating the Serb inmate Dervenic Svetozar called "Ceta".
Several days before his death Golubovic Anto allowed the members of the HVO
police to take Dervenic away. When he was returned to the camp, in the trunk of
the car, and while he was still giving signs of life, they were beating him,
and that same night he died. Previously, during the torture, they hanged him by
the hands in the meat drying chamber.
EVIDENCE: witnesses: 593/94-13, 593/94-31, 55/95-1, 55/95-2,
55/95-4, 55/9515, 55/95-7, 55/95-9, 55/95-10, 55/95-11, 55/95-14, 55/95-16,
55/95-18, 55/95-22, 55/95-28, 55/95-43, 424/95-4, 424/95-5, 424/95-9,
424/95-11, 424/95-17, 424/95-18, 424/95-25, 424/95-37, 191/94-4, 191/94-11 and
191/94-13.
In connection with the murder of DERVENTIC
SVETOZAR called "Ceta" the witness 55/95-8 has direct knowledge of
the circumstances being himself tortured in the prison camp of
"Strolit" in Odzak and stated in connection with the death of his
brother DERVENTIC SVETOZAR the following:
"... My brother was so much beaten up
that he could not move, so I tried to save him. However, he died in my
arms..."
The witness 55/95-8
also states:
"...I wish to mention that I had a
special treatment after the death of my brother in "Strolit" the
prison camp in the hall of the Primary School in Odzak. They were taking me out
daily for the beating and were beating me without mercy, and were especially
interested how I had experienced the death of my own brother..."
3.5.4.4. On July 3, 1992 in the prison camp for Serbs
in the premises of the Primary School in Odzak, Golubovic Anto, in the capacity
of the prison camp commander, Tolic Josip and Bozic Jurica, in the capacity of
the chiefs of the guards shift were many times mercilessly beating the Serb
DERVENTIC RADE called "Sila" and from the inflicted injuries he died
on July 4, 1992.
The witness
365/94-5 testifies before the court about the torture of Derventic Rade in the
prison camp in Odzak, and about his own sufferings and sufferings of the other
Serb inmates.
The witness states
the following;
"...They took him to the cellar and all
of them were beating him, in my estimate for at least two hours. We could hear
his screaming. While this was taking place several of the inmates had to go to
the WC so they forced them to jump on their own heads. I was also among the
inmates, so when I went out into the corridor I saw them beating Derventic.
Then they order me to stand at attention and to jump as if I was jumping into the
water, but I had to keep my arms close to my body. So I jumped once and hit my
head well on the concrete, then they forced me to do in once again, and I did
it again...After the beating they returned Rade into the gym and he was lying
there unable to move, so they placed him on the stretcher, took him out into
the corridor and there he died after 2-3 hours."
That Derventic Rade called "Sila"
was killed in the prison camp in Odzak is also confirmed by the following
witnesses: 365/94-3,
593/94-13, 593/94-31, 55/95-1, 55/95-3, 55/95-4, 55/95-5, 55/95-7, 55/95-9,
55/95-10, 55/95-11, 55/95-12, 55/95-14, 55/95-16,55/95-18, 55/95-22, 55/95-28,
55/95-43, 424/95-1, 424/95-4, 424/95-11, 424/95-15, 424/95-17, 424/95-19,
424/95-26, 424/95-27, 424/95-30, 424/95-31, 424/95-33, 424/95-34, 424/95-36,
424/95-37, 191/94-4, 191/94-5, 191/94-13, 191/94-29, 191/94-35, 280/95-72,
280/95-73, 280/95-78 and 424/95-84.
3.5.4.5. During the year 1992 in the prison camp of
Odzak tortured and killed, further to Cvetkovic Sima, Tomanovic Rade, Derventic
Svetozar and Derventic Rade, was also GORANOVIC NIKOLA from Donja
Dubica.
Several witnesses confirmed before the
investigating judge that in the said camp GORANOVIC NIKOLA was tortured
and killed.
EVIDENCE: witnesses: 55/95-5, 55/95-12 and 55/95-22.
Golubovic Anto, prison camp commander, is
responsible as well as for all the previously stated crimes, also for the
killing of CVETKOVIC SIMO, TOMANOVIC RADE, DERVENTIC SVETOZAR, DERVENTIC
RADE and GORANOVIC NIKOLA, and for the above stated cases also the direct
perpetrators whose names are stated hereinabove in this report.
3.6. PRISON CAMPS IN BROD (Bosanski Brod)
The Muslim and Croat
units during their withdrawal, when the Republic of Srpska Army liberated the
area of Odzak, deported Serbs detained in the prison camps in Odzak into the
prison camps in Brod (Bosanski Brod), as follows: to the Secondary School
Center "Fric Pavlik", to the suburb settlement of "Tulek" -
building material storage, to the prison camp "Stadion" and to the
prison camp in the premises of the local kayak club.
Everything that was stated about the living
conditions of Serbs, civilian inmates, in the already stated prison camps of
Bosnian Posavina, also refers to the prison camps in Brod.
It is necessary to
underline here several facts.
Firstly, some persons - perpetrators of war
crimes against members of Serbian nationality who were committing crimes in the
prison camps in Odzak, were committing such crimes also in Brod. Thus, for
example, in the testimony of surviving witnesses - inmates, the names are
mentioned of GOLUBOVIC ANTE, TOLIC JOSIP, BOZIC JURICA called
"Bajica" and others.
Secondly, it derives from the contents of the
gathered evidence that in the prison camps in Brod there was rape of female
inmates, who were detained only because of their Serbian nationality, and that
such rape was, so to say, a daily occurrence. It is necessary to point out here
- and will be presented more concretely from the contents of the given testimony
- the force, torture and the usual threats by far had exceeded the limits
otherwise necessary for the very act of rape to be executed. In this case, the
most ruthless torture and humiliation were an end unto themselves irrespective
of the very act of rape. Humiliation of the Serbian women - inmates was having
truly incomprehensible dimensions.
Thirdly, it was observed that, just like in
the area of Orasje, a large number of Serb inmates was taken to the front
battle lines and during the combat actions was forced to dig trenches. Under
such circumstances a large number of Serb - inmates was killed or injured.
In connection with the living conditions of
the Serb inmates in these prison camps, the poor accommodation, hygiene, poor
quality and scarce food a large number of former inmates of Brod prison camps
gave their testimony.
EVIDENCE: Witnesses: 55/95-2, 55/95-3, 55/95-6, 55/95-7,
55/95-8, 55/95-9, 55/95-10, 55/95-12, 55/95-15, 55/95-16, 55/95-22, 55/95-27,
55/95-28, 55/95-43, 424/95-3, 424/95-5, 424/95-6, 424/95-8, 424/95-9,
424/95-15, 424/95-17, 424/95-26, 424/95-27, 424/95-30, 424/95-33, 424/95-35,
424/95-38, 191/94-11, 584/94-16, 584/94-32, 584/94-1, and others
3.6.1. Torture - Body Injuring of the Inmates
3.6.1.1. In the prison camp in Brod, at the request
of Terzic Albina called "Nina", a member of the HVO military police,
Culap Mirko, also a member of the HVO military police, first burned the face
with the cigarette of the Serb inmate witness 593/94-31 from Donja Dubica, and
then extinguished the cigarette on his face, then started biting the ear of
this inmate, while at the same time Lepen Drago, member of the 101st
Bosnian-Brod Brigade, was biting the other ear, so they were pulling his head
with their teeth, pulling each one to the other side, until Culap Mirko did not
completely bite his ear off.
This testimony,
given before the investigating judge by the witness - inmate 593/94-31 and
before the other state authorities, as well as the testimony of a large number
of other witnesses speaking of the torture of this Serb, was confirmed as true
also by the find and opinion of the medical commission of medical experts in
forensic medicine and neuropsychiatry.
Concretely
speaking, the medical commission of medical experts examined the witness 593/94-31
and found that he is lacking the lobe of the left ear and that in its part the
skin is bearing a star-like scar of grey-whitish color. The following opinion
was given:
"The present
examination found a star-like grey-whitish scar on the lower part of the left
ear lobe which could have been formed because of "biting off" of its
lobe, which injury at the time it was inflicted on the witness 593/94-3 caused
him to suffer pain of high intensity. As a direct consequence of the inflicted
injury and the lack of the left ear lobe and the formation of the star-like
scar of irregular shape, the witness 593/94-31 was deformed..."
EVIDENCE: witnesses 55/95-11, 593/94-31 and the find and
opinion of the medical commission of medical experts 365/94-III-2.
Perpetrators: TERZIC ALBINA called "Nina", CULAP MIRKO
and LEPAN DRAGO, all of them members of the HVO military police.
3.6.1.2. In the prison camp in Brod during the year
1992 Cindric Damir called "Cindra" and "Nindza" in the
capacity of the military policeman and one other person were beating the Serb
inmate witness 55/95-26 from Gornji Svilaj with fists, feet clad in boots and
wood objects. Cindric was pushing the pistol barrel into his mouth, then they
were tying his left leg and suspended him from the structure of the basket pole
in the sports hall (gym), ordering another inmate to pull the rope and thus,
pull him up or lower him down, while they were beating him all the time. The
moment the rope broke the witness 55/95-26 fell head down and fainted. This inmate,
further to the other injuries during his detention in the prison camps in
Bosnian Posavina, also had a cross cut in into his back.
EVIDENCE: witnesses 191/94-38, 55/95-26 and 267/94-2.
Perpetrators of
the crime: CINDRIC DAMIR called
"Cindra" and "Nindza" and one at present unidentified
perpetrator.
3.6.1.3. During the summer of 1992 in the prison camp
in Bosanski Brod Golubovic Anto, prison camp commander, Tolic Josip and Bozic
Jurica called "Bajica", all of them members of the HVO military
police of the 102 Odzak Brigade, singled out while the inmates were digging
trenches on the front battle line during the combat action, three brothers
Pavic from Novi Grad, on of them PAVIC JADRANKO was wounded, so they
ordered his two other brothers Pavic RADE and STEVO to hold their wounded
brother and during that time they were beating him with batons, riffle butt and
fists, until he fainted.
EVIDENCE: witness 191/94-13.
Perpetrators of the crime: GOLUBOVIC ANTE, TOLIC JOSIP and BOZIC JURICA.
3.6.1.4. One of the inmates, member of Serbian
nationality, who had the misfortune to be detained in the prison camp in Odzak,
in the prison camp of Donja Mahala, and also in the prison camps in Brod, the
witness 593/94-10 and 280/95-56, born in 1967 (gave the testimony about his
sufferings before the Public Safety Station in Doboj, then before the
investigating judge of the Municipal Court in Modrica, when he stated that he
upholds everything stated at the Public Safety Station in Doboj) and his
sufferings in the prison camps in Brod, where he was first detained in the camp
of "Tulek" and then in the premises of the Secondary School Center,
testifies as follows:
"...During the
detention in the camp of Tulek I was treated very strictly. They were beating
us both during the day and at night, they were forcing us to sing Ustashi
songs, to read "Our Father..." the Lord’s Prayer, to kiss the
baseball bat before they start beating us with it, to kiss feet, hands and
similar of the Croat soldiers. During all that time they were constantly
threatening that they will kill us all and saying that there is no life for
us..."
Furthermore, when
the witness is speaking of the time of his detention in the prison camp in the
Secondary School Center in Brod, he underlines:
"...I was
several times physically abused and beaten but the hardest torture was on
October 5, 1992 in the Secondary School Center in Brod, when Sisljagic Miroslav
and Cukic Ilija escaped from the camp. They were beating then Sisljagic
Djordje, Sisljagic Simo and myself and several other inmates and the beating
was with all possible objects, starting with fists and boots, up to rubber
batons, wooden boards and baseball bats. Among other torture, they would tie
our legs and suspend us from the basketball structures, then they would beat us
all over the body, or simply so tied up would lift us up to the height of one
or two meters, and then let us drop on our heads...The harassment and physical
torture that I have endured and survived together with the other inmates on
October 5, 1992 as I have described, was executed by the military policemen
from Bosanski and Slavonski Brod, and concretely I was beaten that day with
various objects, wooden boards and spades by Cindric Damir and Jozic Luka,
so that serious body injuries were inflicted upon me in the form of fracture of
several ribs. I am feeling the consequence even today..."
EVIDENCE: witness 593/94-10 and
280/95-56
Perpetrators of the crime: CINDRIC DAMIR and JOZIC LUKA
3.6.1.5. In the month of July 1992 in the prison camp
in Brod, at the city stadium Klajic Blazen, member of the HVO entered the room
in which the witness 584/94-28 born in 1956 was detained, and started kicking
him with feet, cursing him, threatening to slit his throat, ordered him to take
off all of his clothes and lie flat on his stomach, then with the tip of the
knife had the cross and four letters "S" cut in into his back. The
witness reiterated with a curse convinced that Klajic will kill him, because in
view of everyday torture and beatings he did want to be killed to stop his
sufferings. Klajic did not kill him, but threatened to kill him by a bullet
from the pistol and then beat him up again.
EVIDENCE: witness 584/94-28
Perpetrator of the crime: BLAZEN KLAJIC, member of the HVO
3.6.1.6. In the month of June 1992 in Brod, in the
prison camp whose commander at that time was Jozic Luka called
"Lukica", he asked the witness 584/94-16 (born in 1955) who he is and
what he is doing, and when he answered that he is a Serb, he answered:
"That is who we need", and then called Drago Lepan, Petar Lepan, Mate
Condric and Zdenko Miljak, who were all in the HVO uniforms, and Jozic gave
them each the orders who will and with what beat the witness - Miljak to hit
him on the face, Lepan Dragi to hit him with fists, and when he falls on the
floor Lepan Petar to continue with beating. They started executing the orders
until the witness fainted. After that the commander Jozic beat him so much with
the boots and fists that he was covered with sweat. When the witness regained
consciousness, Jozic called Vrbanjan Indira who was employed as a jurist in the
municipality in Brod and told her: Now you know what to do next". She
ordered the witness to take off all of his clothes, and was beating him on the
naked body with fists, feet and baton until he fell, and then kicked him with
feet in the area of his sexual organ. Later she ordered him to kiss the
chess-board flag which was on the wall and to shout: "Long live Ante
Pavelic". The witness was also beaten during the following days.
The witness
584/94-16 testified before the investigating judge and described the scene that
he saw in the prison camp immediately following his above described torture.
The witness states
the following:
"
...The beating lasted until 21:00 hours, and
then at the orders of Luka Jozic, Drago Lepan took me to the cellar in which
there were some 15 other detained Serbs. All of these people were so much
beaten up that they looked awful. They were covered with blood and bruises and
swollen. Among those Serbs I recognized Drago Trifkovic from Brod, Branislav
and Pero Dujanic from Brod, Andrija Dzudznovic from Barice, Jovo Sekulic from
Barice, Ranko Dzaic from the village of Vinska, Brod, Sreto Pavlovic from the
village of Vinska. In that room they placed on two bricks a narrow board and we
were lying on that board without any mattress or cover. The floor of that room
was covered with water so in the morning we were getting up all wet..."
Perpetrators: JOZIC LUKA, called "Lukica", LEPAN DRAGO,
LEPAN PETAR, VRBANJAN INDIRA, CONDRIC MATO.
EVIDENCE: witness 584/94-16
3.6.1.7. In the period between April and June 1992 in
Brod, Stuc Ante and Lepan Drago, both military policemen, were torturing in the
prison camp in the building of the military police, a Serb - the witness
584/94-12 (born in 1927) in various ways. They took him to the room in which
there were several sharpened pegs, pliers, needles and batons, asking him what
are these things used for, and when he answered that he does not know, they
ordered him to take off all of his clothes and they pushed the tip of the
sharped peg into his anus, then they pulled out his teeth with pliers, caught
his ears, and were beating him with fists and boots. Stuc Ante pulled out with
pliers his upper teeth. Only one tooth remained which was ‘moving’ at the time
of giving the testimony".
The witness
especially speaks of the sufferings of Serb inmates in the prison camp in the
stadium in Brod, where he had spent only a few days. The witness states as
follows:
"...Anto
Stuc came to that camp, and he was the main torturer. He was taking people
out, hitting them on the sexual organ, ordering them to take their clothes off
and was beating them naked then was ordering them to take showers in ice cold
water every night at midnight. After the shower they were returned to the rooms
and would have high fever the next day or would fall in agony. They were
beating Pero Trivic with his own stick because he was an invalid and was
carrying this stick, and they beat him until the stick was completely broken
against his body. The stick was thrown away when it was broken into pieces
20-30 cm..."
Finally, the
witness 584/94-12 before the investigating judge stated also the following:
"...About my
detention in the prison camp and torture of Serbs I was writing in various
magazines and I am enclosing the clippings and the newspapers "Narodna
rec" to the minutes and I wish this to be an integral part of the minutes
taken on my testimony..."
Perpetrators of
the crime: STUC ANTE and LEPAN DRAGO
EVIDENCE; witness 584/94-12
3.6.1.8. The witness 438/94-14 was born in 1952, and
was detained in several prison camps and in all of them tortured, and he states
that from the end of June 1992 he was in the prison camp in Brod, in the
warehouse of the Department Store "Beograd" and, inter alia, states
the following before the investigating judge:
"...A special
type of torture and harassment was when they called the inmate and when he
would approach the two HVO persons would hit him on the sides on the ribs, two
HVO members from the back on the kidneys, and one in front of the inmate is
awaiting him with the baseball bat on which a large letter "U" is
written, which the inmate first has to kiss, and then he would be beaten with
that bat. I was twice within two days treated in this way...."
Otherwise, this
witness stated that immediately when he was brought to this camp he and the
other inmates were beaten "until they fainted with the baseball bats,
simple batons, riffle butt and truncheons..."
EVIDENCE: witness 438/94-14
3.6.2. Humiliation, Harassment and Intimidation
of Serbian Inmates
This form of inhuman behavior towards the
members of Serbian nationality detained in the prison camps in Brod was also
present in the other prison camps in the other places in the area of Bosnian
Posavina.
3.6.2.1. A large number of members of Serbian
nationality who were detained in the prison camps in Brod underline that one of
the forms of humiliation of Serbs was forcing them, under the most serious
threat of death and use of force, to perform sodomy among themselves, or the
Serbs were forced to do that with the prison camp staff.
Thus, the witness -
inmate 593/94-33 before the investigating judge states the following:
"...In the
prison camp in Bosanski Brod, in the suburb of "Tulek", the arrested
Serbs were brought from the prison camp in Odzak and were beaten up even more
fiercely than in Odzak... They were forcing the inmates to suck each other’s
penis, to hit each other with fists, to eat paper or anything else that was at
hand...I was mostly unconscious from the constant beating and torture. I had a
lot of my ribs broken and a fracture of the left shoulder bone..."
Of course this
testimony of the witness shows on yet another example how ruthless was the
treatment of Serb inmates and how the force was used against them.
The witness
584/9-16, born in 1955, testified in detail before the investigating judge
about all the horrors through which he had passed, and inter alia, while
testifying about the prison camp of Brod, he underlined the following detail:
"...A group of
Croat soldiers in the camp in the suburb of "Tulek" was performing
sodomy against the arrested male Serbs. This group was headed by Oldobasic
Dedo from Brod, Damir Cuma from Brod, Dragan Lepan and others. They were
forcing us to suck the penises of that group and were threatening to kill us if
we refused..."
EVIDENCE: 593/94-33 and 584/94-16
3.6.2.2. In the year 1992 in the prison camp of the
suburb of "Tulek" in Brod, the Serb inmates were ordered: 1) to sing
the Ustashi songs, 2) to read "Our Father...." prayer in the version
of the Catholic faith, 3) to kiss the baseball bat with which they were then
beaten, 4) to kiss the feet of the HVO soldiers.
Thus, the witness
593/94-13 states before the investigating judge the following:
"...In that
camp they were forcing us to read the Catholic prayer "Our
Father...", to kiss the feet of the Croat soldiers who were beating us, to
kiss the baseball bats on which the letter "U" was written, and then
they would hit us with that bat..."
The witness
593/94-33 gave the following testimony:
"...In the prison camp in Bosanski Brod
in the suburb of "Tulek" the arrested Serbs , deported from the camp
in Odzak, were beaten even more fiercely than in Odzak. In the rooms in which
we were detained Ante Golubovic with a group of Ustashi, who would first of all
beat up the half of the group of the arrested Serbs, and the other part of the
group would have to lick the blood. They were forcing us to sing the Ustashi
songs, to read the prayer "Our Father..." according to the Catholic
faith rites, to kiss the picture of Ante Pavelic, and were beating us with the
baseball bats on which the letter "U" was engraved..."
EVIDENCE: 593/94-13, 593/94-33
3.6.2.3. In the year 1992 in the prison camp in Brod,
further to the other types of torture, the inmates were ordered to eat a nylon
stocking, to take off all of their clothes all of them and to stand naked for
as long as three hours. For several months on end they would have no
opportunity to have a bath.
evidence: 280/95-11
3.6.2.4. The witness 584/94-16, born in 1955,
testified before the investigating judge not only about the physical torture to
which he was subjected, as it was already stated in this report, but also
testified to the incomprehensible humiliation to which he was submitted in the
prison camp in Brod.
The witness states
that Miljak Zdenko from Brod, whom he knew from before and who, like the other
staff in the camp, was dressed in the HVO uniform, inter alia, did the
following:
"...Zdenko
Miljak personally urinated into my mouth. The Croat soldier whose nick name was
"Britva" was urinating on the grass and was then forcing me to eat
this grass..."
3.6.3. Killing of the Serb Inmates
In the prison camps in Brod certain members
of Serbian nationality, further to terrible torture, injuring, humiliation,
have also lost their lives in those camps.
3.6.3.1. The witness 584/94-12 and 584/94-26 from
Brod, testified that in the month of July 1992, while they were in the prison
camp in the stadium, lethal injuries were inflicted upon RADOVANOVIC MILAN,
KOSTADINOVIC PEJO and CEREK SLAVKO from Brod, by origin from Lijesce.
The witness
584/94-12 states:
"...I wish to underline that the Croat
soldiers on July 12, 1992 when the Serbian army took over Odzak, took out five
of the detained Serbs, among them were Milan Radovanovic and Pajo Kostadinovic.
The entire group was beaten all the night with metal objects and all the five
of them succumbed to the injuries. They were beaten by Ante Opacak from Vrela
called "Paraga", they were also beaten by Ivica Klajic, a Croat
soldier from the village of Kricanova..."
The witness
584/94-26 stated before the investigating judge:
"...When I came to the camp Stadium,
from the injuries inflicted by constant beating Slavko Cerek from Brod died, by
birth from Lijesce. During my further stay in that camp also Milan Radovanovic
from the village of Zboriste died, and also one young man from Brod died who
was previously a bus driver, but I do not know his name..."
EVIDENCE: 584/94-12, 584/94-26
3.6.3.2. From the testimony of the witness 584/94-12,
born in 1927, it is determined that from the torture inflicted upon him in the
prison camp in Brod died KUSLJIC ZDRAVKO from Brodsko Polje -
Municipality of Brod.
Concretely, the
witness 584/94-12 stated before the investigating judge of the Municipal Court
of Derventa on November 17, 1994 the following:
"...I have
personally seen when Ante Stuc castrated Kusljic Zdravko from Brodsko Polje,
Municipality of Brod. He died as the consequence of castration..."
EVIDENCE: 584/94-12
3.6.3.3. PAJIC MIRKO, professor of music from
Derventa died from the injuries suffered in the prison camp in Brod, while he
was detained in the prison camp in the Secondary School Center "Fric
Pavlik" in the month of August 1992.
Golubovic Anto, Tolic Josip and Bozic
Jurica called "Bajica"
organized and took part in the beating of Mirko Pajic. As the witness 280/95-7
testifies, they took him to the adjacent room "and after some twenty
minutes he was brought into the hall all beaten up and after twenty minutes he
died".
From the testimonies of several witnesses it
is determined beyond any doubt that professor Pajic was killed because he tried
to send a piece of paper to the International Red Cross delegation about the
conditions of life in the camp, that there are also Serbian women in the camp,
that they are hidden and that there are other prison camps in Brod.
The witness 280/95-68, a Serbian woman, who
was raped by Golubovic Anto and who later received a letter from him
blackmailing her that she must live with him, inter alia, stated the following:
"...When I was with him in the apartment
of Brekalo Goran, Anto told me that he had beaten to death a certain Serb from
Derventa, who told members of the delegation of the International Red Cross that
Croats are hiding the arrested women..."
A number of witnesses - Serb inmates
testified about the lethal beating to which the professor from Derventa, Pajic
Mirko, was subjected in the prison camp in Brod, located in the Secondary
School Center "Fric Pavlik". It is stated here that another two
witnesses explained closer why the said Serb was so beaten up that soon after
the beating he was dead from the injuries.
The witnesses 55/95-9 and 55/95-11 stated
before the investigating judge that Serb inmates were ordered during the visit
of the representatives of the Red Cross and the press to say that they are
voluntarily going to dig trenches, that they have good food, and that they do
not wish to be exchanged, that they are of their own free will in these prison
camps, that they are going from the camp to repair the houses in Brod
"which were damaged by the Chetniks by their grenades" and similar.
During one visit of the representatives of the International Red Cross,
professor Pajic Mirko simply did not adhere to that order and had sent the
piece of paper with the message that was not up to the liking of the prison
camp command and he was immediately beaten up - practically murdered.
EVIDENCE: witnesses:
365/94-3, 55/95-2, 55/95-9, 55/95-11, 55/95-16, 55/95-28, 55/95-38, 55/95-43,
424/95-1, 424/95-2, 424/95-1, 424/95-10, 424/95-11, 424/95-15, 424/95-26,
424/95-34, 191/94-5, 280/95-68, 280/05-73, 280/95-74, 280/95-75, 584/94-16.
Perpetrators of the crimes: GOLUBOVIC ANTO, TOLIC JOSIP and BOZIC JURICA.
3.6.4. Rape of Women, Serbian Inmates, in the
Prison Camp in Brod
Testimonies of many witnesses show that in
the prison camps in Brod the rape of Serbian women inmates was numerous. In
this, as it was already stated, the treatment of women was extremely inhuman.
Before stating the specific cases of rape of
Serbian women - inmates in the prison camps of Brod, we shall state an example
illustrating that it was sufficient not only for the female inmate to be a Serb
so that she would be subjected to all kinds of torture and rape, but that it
was sufficient for any female that there is any, no matter how unjustified
suspicion, that she has any connection with Serbs.
3.6.4.1. The witness 584/94-14, a Muslim woman,
testified before the investigating judge of the Municipal Court of Derventa on
November 16, 1994. She stated that in early June 1992 she was arrested and
deported to the prison camp in Brod, in the premises of the stadium. She was
told that, as she says, she was accused of "having some kind of a connection
with the Chetniks from Kobasa Bosanski". The witness denied that she had
any connection in the said sense with any Serbs. She was subjected to terrible
torture. Various types of torture were applied on her, she was raped, and
sodomized and this simultaneously by several men - the prison camp staff.
The witness
584/94-14 especially singled out VRBANJAC INDIRA as the commander of the
women’s camp and the already in this report mentioned LEPAN DRAGO.
Finally, the
witness stated a number of details in connection with the torture and rape of
women of Serbian nationality, which shall be further discussed in the report.
3.6.4.2. The witness 584/94-33, a Serbian woman, born
in 1928, was detained in the prison camp in Brod at the city stadium, and was
interrogated before the investigating judge of the Municipal Court of Derventa
on November 10, 1994, and she described in detail the treatment of the Serb
women - inmates, the humiliation that they were exposed to and at the same time
she confirmed the truthfulness of the testimony of the Muslim woman - witness
584/94-14, stated in the preceding paragraph.
The witness
concretely, inter alia, stated the following:
"... In the prison camp located in the
stadium premises women were detained, but in other premises also were detained
the male inmates. In the room in which I was detained during the night Croat
soldiers were coming and were ordering us to take off all of our clothes, and
then were raping the younger women, and us, the older ones, were forcing to
suck their penis and were torturing us in different ways. In that room there
were two of us, older women, and the others were younger, and they were raped.
They were raped in the presence of all of us others in the room, and were
taking out some outside of the room and were raping them there. These women
would tell us, when they returned that even seven Croat soldiers would rape
them in a row. In my presence they raped a muslim woman F. She gave a statement
for the "intervju" and her statement is fully correct. I have the
copy of that "Intervju" but I would like to keep it for myself, as a
document... During my detention at the prison camp in the stadium, the
commander of the women’s part of the prison camp was a Croat policewomen Indira
Vrbanjac, whom I knew personally. She was especially beating the arrested
Serbian women and was humiliating them in different ways. She was bringing the
Croat soldiers who were in her presence raping the younger women of Serbian
nationality. I have seen with my own eyes when they raped K., M, H. and the
others..."
This witness also stated another detail from
the period when she was detained in the said camp. She stated the following:
"...Croat soldiers were beating us all
the time, they were cursing our Serbian and Chetnik mother, and were
threatening to send us "down the Sava river to Belgrade", and
similar..."
Finally, the witness 584/94-33 stated that
during the time she was detained in the prison camp, for a period of two
months, she lost 20 kilograms of body weight because when she was arrested she
had 80 kilograms and when she was released she had some 60 kilograms.
EVIDENCE: witnesses 584/94-33, 584/94-14, 584/94-24, 584/94-31.
For these crimes the responsible person is:
VRBANJAC INDIRA, commander of the women’s part of the prison camp at the City
Stadium in Brod, who was participating in the raping or was bringing the
soldiers in who were in her presence raping, and the responsible are also the
other, at present, unidentified perpetrators.
3.6.4.3. The witness 267/94-2 *584/94-32), a Serbian
woman, born in 1954, gave two times her testimony in connection with the rape
committed on her and on the other Serbian inmates in the prison camp in Brod.
She stated that in the prison camp in the stadium she was detained from
September 11, 1992 when she was taken to the prison camp together with her
husband.
The witness states
the following:
"...In this room came Drago Cabrajic
from Novo Selo. He caught me by the hair and very roughly took me to another
room. He started beating me and threatening to slit my throat. He was cursing
my Chetnik mother. He asked me: "What relations is priest Djujic to
you?". Then he added: "I want to make a small Ustasha". He was
the first one, in a series of the Ustashi torturers, who had committed rape
against me. After him, another 11 of them came into the room. They were
raping me all - one by one. They were all i uniforms bearing the insignia
of a "chess-board".
This pack of beasts in a human form, further
to the already mentioned Cabrajic from Bosanski Brod, consisting of the
following persons:
Ivica Glavic from Sijekovac, Taib Slabic from
Bosanski Brod, Ivica Blazevic called "Cedo" from Novo Selo, Jurkovic
called "Mangas" from Bosanski Brod, Kadrija Mlivic from Sijekovac,
Drago Lepan from Bosanski Brod, Tadija Lepan from Bosanski Brod, Lukica Jozic
from Kovac, Adam Antolovic from Bosanski Brod, Blazevic from Sijekovac and a
certain "Cicak" from Sijekovac. Every evening they were raping, both
myself and the other women detained with me.
I will remember for ever Ivica Glavic from
Sijekovac for his murderous way of not being satisfied with only raping me. He
would take me to Luscani, at the front combat fire lines where I was raped by
the soldiers. They would come out of the trenches - like ghosts, and one by one
they would rape me...From this incessant violence I was fainting and did not
know how long they were torturing me or how many they were... Further to the
rape and other physical torture, I was also forced to endure various
psychological torture and humiliation. For example, they were forcing me to
watch my husband being tortured. They were humiliating both him and me by their
statements that they were raping me. In this, special pleasure was enjoyed by
Ivica Glavic. His cynical words are deeply inserted in my memory, the words he
spoke to my husband in my presence: "My grand-father was a Ustasha, and I
am even a greater one than he. Here is your wife - have a good look at her. We
have all fucked her, she is now like a cow"..."
The witness before the investigating judge of
the Municipal Court of Derventa on November 10, 1994 stated the following:
"...My husband Z. passed through all the
prison camps in Croatia and in them he had spent 11 months. He was all broken
up and is now living somewhere in Novi Sad, but I do not know his
address..."
It is not difficult to assume what tragic
consequences occurred in those women who suffered all these terrors and in
their marriages and in the lives of their families.
The witness 267/94-2 testified about the
anguish of other women - of Serbian nationality in the said prison camp.
Finally, the witness
spoke also of Vrbanjac Indira.
"...During my detention in the prison
camp at the stadium in Brod, Indira Vrbanjac was coming and she was in the
Croat police and was interrogating and beating the women..."
EVIDENCE: witnesses 584/94-32 and
267/94-2, 584/94-31
3.6.4.4. BLAGOJEVIC DESANKA, a nurse from
Tesanj, was killed during the transfer of the Serb inmates from the prison camp
in Bosanski Brod to the prison camp in Slavonski Brod. Mlivic Kadrija from
Sijekovac, member of the 101st Bosnian Brdska Brigade killed her
from fire arms. Previously she was detained in the prison camps in Brod - at
the stadium and in the Secondary School Center. Her liquidation was preceded by
the most ruthless torture and rape perpetrated by Mlivic Kadrija, together with
Jurkovic called "Mangas", also a member of the 101st
Bosnian Brdska Brigade.
About the torture
to which Blagojevic Desanka was subjected testified several witnesses:
The witness
584/94-14 stated the following before the investigating judge:
"...I also
know that at the prison camp in the stadium there was a medical nurse Desa
Blagojevic from Tesanj, I think she was born in 1946. She was raped in front of
us in the room in which I was detained. I remember that upon the return from
interrogation on one occasion she was all burnt up. Her posterior was all
burnt and she told us that they forced her to sit on a red hot stove and that
they were placing the red hot fire on the other parts of her body. I saw
myself her burnt up posterior because I was personally washing her up together
with a certain M. I do not know her family name. That woman was washed also by
a certain M.R.. I think she is from Odzak...During the transfer to Slavonski
Brod, since Desa was all beaten up and burnt up, she could not move without
assistance from others and she was helped by M.R. Suddenly a round of
ammunition was fired and afterwards M.R. told us that Desa was killed by a
certain Kadrija Mlivic who was transferring us. She told me that I will not
have to wash Desa any more..."
The witness 267/94-2
(584/94-32) testifies as follows:
"...Lukica Jozic from Kovac was
the commander in chief of the prison camp in the stadium. In that Ustashi
bestial lard I had spent about one month. In that period they brought also
Desanka...she was working abroad and was going home. She fell into the Ustashi
hands and experienced a terrible fate. She was not only raped. They pulled all
the hair from her head, so that she was bald. They were placing her naked on
the red hot electric stove. She was all burnt up. They were literally frying
her posterior, elbows and knees. She was lying immobile. The burnt up parts of
her body were stinking - the live meat on her body started to putrefy...Before
they killed her they raped her and so deformed...on the red hot stove they
fried her - Jurkovic called "Mangas" from Bosanski Brod, Ustashi with
the nick name of "Bekan" and "Cicak", both from Sijekovac.
I will remember for ever her terrible screams, how she cried the terrible
insufferable screams of anguish. She was taken out by a Ustasha who came
with a huge dog...During the liberation of Brod by the Republic of Srpska Army
in early October 1992, Ustashi ordered us all, suffering and exhausted, to
cross the bridge by running between Bosanski and Slavonski Brod. So burnt up
and physically completely destroyed Desanka could not walk. She was killed
by Kadrija Mlivic and Jurkovic called "Mangas". They both shot at
her from their guns and this I have seen with my own eyes and have
remembered as one of the terrible images that I shall forever have on my
mind..."
The witness 593/94-29 (280/95-45), born in
1951, stated, inter alia, the following:
"... In late September 1992 the said
group was transferred to the Secondary School Center "Fric Pavlik" in
Brod where the prison camp was located from the people from the area of Brod
and Odzak and where we remained until October 6, 1992, when the inmates were,
on foot and in a column, taken over the bridge on Sava river to Slavonski Brod.
During the crossing of the bridge, I was helping a woman, some 40 years old, I
think she was called Desanka, who was from rape and torture almost unable to
move, and furthermore her skin on knees and elbows was all in wounds because
she was roasted on the stove. During the last day she was talking without much
sense. Then I took her across the bridge in a group with the other inmates.
She could no longer walk and although it was raining, she lied down in the wet
grass close to the bridge. Then a certain Kadrija from Sijekovac, approached, a
younger man and of medium height, of poor under nourished build, with short
brown curly hair, later I heard in Orasje that his family name is Mlivic or
Milvic, and with him were another two or three to me unknown persons, military
policemen who were escorting the column of inmates. After he had approached us,
Kadrija started cursing and told me "You go on, we will take care of her".
After I crossed some hundred meters, I heard two or three shots, I can not say
whether they were fired from a pistol or some other weapon, but I remember that
they were individual shots. After that I did not see Desanka again. That same
day, M., myself, N. and some other women were transferred to the prison camp in
Orasje where the conditions were the same as in the other prison camps..."
EVIDENCE: witnesses: 55/95-2, 267/94-2, 584/94-32, 593/94-29,
280/95-45 and 584/94-14.
3.6.4.5. The witness 584/94-21, born in 1941, before
the investigating judge of the Municipal Court of Derventa stated on November
10, 1994, the following:
"...Before the
war I was living in Brod until July 7, 1992 when two policemen came in the
uniforms of the HVO and arrested me and my husband, and then took us to the
premises of the stadium (soccer playgrounds in Brod). There they separated
us...In that group there were younger women, and I remember their names. There
was G. from the village of Polje, Derventa, S. the worker at the factory
"Carapana" in Brod, and another one S. working in
"Carapana" and both of them were somewhere from Serbia. In this group
was also R. I think from Modrica. There was also there a certain K, a Croat
woman from Modrica, her husband was a Serb... They were mostly women from the
age of 25 to 40... Immediately after we were brought into the said room, in
which there were five or six beds on each one of them two women sleeping, Croat
soldiers started to arrive, ordering us to take off all of our clothes. They
raped us in front of all the other inmates, but before the rape they beat us
up. They were threatening to kill us all if we should resist, and then they
raped us...The younger women they were taking to the front lines, and upon their
return they were telling us that there were raped there by six to ten soldiers
in a row. These women looked terribly upon their return because they were both
raped and beaten. I did not know personally the Croat soldiers and policemen
who raped me because for 25 years I was absent from Brod, living and working in
Germany. However, S. and other women who were detained and M. were telling that
this was being done by the same group of Croat soldiers from Bosanski Brod and
the surrounding villages. M. and S. were mentioning the names claiming that
they know them personally. I can not remember the exact number of the Croat
soldiers who raped me, but in any case there were many of them. For example,
they would take me out into the room in which some ten Croat soldiers are
waiting and then the first five or six would rape me, and the rest would order
me to suck their sexual organs, placing at the same time the pistol barrel into
my vagina. Therefore, further to the rape they were also torturing in
various other ways and during all that time were cursing my Serbian mother,
calling me a Chetnik and similar...I wish to add only that I had a lot of
injuries in the form of bruises and swellings all over the body, but not the
bone fracture. I suffered psychological trauma because of which I am even now
experiencing terrible difficulties, I can not sleep and similar..."
The witness
584/94-33 who was, as already stated, herself a victim in the prison camp in
Brod, stated before the investigating judge the following:
"...I have
seen with my own eyes when they raped K. from Brod, M. also from Brod...and the
others..."
Responsible
persons for crimes: JOZIC LUKICA,
commander of the prison camp at the stadium in Brod and persons stated in the
testimony of the witness 584/94-32.
3.6.4.6. One of the victims in the prison camp at the
stadium in Brod was also the witness 584/94-24, born in 1945, who was detained
in the said camp from June 25, 1992 to July 20, 1992.
The witness before the investigating judge on
November 12, 1994 stated the following:
"...Myself and the wife of the brother
of my husband S. were arrested and brought to the camp located at the soccer
stadium "Polet". When we were brought there we were inquiring where
they were taking us, and the soldier in the HVO uniform told us that he is
taking us to a place from where we shall never return. Upon the arrival at the
stadium we were placed, the two of us, in the room used before as the dressing
room for athletes. The first to be taken there was S. and the Croat soldier by
the name of Ante entered with her, they called him "Britva". I do not
know other particulars about him, and in front of the entrance, together with
me, remained another solider whose name I do not know. After a short while in
front of the room, I entered into that room, but at that time I did not know
that the soldier who brought S. in had already raped her. This I learnt later
from the talk with S... The second day in which we were detained, S. and
myself, N. was brought from Brod. That same evening N. and S. were taken
several times out of that room and when they were returning they were exhausted
and told me that they were raped..."
Furthermore, the
witness 584/94-24 the following:
"...During my entire detention until
July 20, 1992 in that room of the prison camp at the stadium, every day myself
and the other women detained there were taken out 3-5 times to the other
rooms where the Croat soldiers were waiting and we were raped. I certify
that they had no mercy at all towards women, regardless of their age or their
ability for sexual relations. During all that time i was constantly bleeding
because of psychological harassment and the physical one as well. I do not
remember the names of the persons who raped me in that prison camp. But I do
know that I was raped by Drago Lepan, and the other names I do not know. It is
certain that this was happening every day, in the other room and in the most
cruel of ways and four even five times in a row..."
The witness
underlines:
".... The most vivid case which I shall
never forget was when one Croat soldier took me to the bathroom in which
another soldier was taking a bath and from the windows a multitude of other
Croat soldiers were watching. This Croat solider ordered me to take off my
clothes, to have a shower with them, then ordered me to lie down on the floor
of ceramic tiles. Then he stood above me and masturbated so the semen fell into
my mouth. After that he lowered himself on me and raped me, and the on-lookers
were satisfying themselves shouting degrading words. This was also done to all
the other women detained in this prison camp, and when I left the prison camp
on July 20,1992 another 12 women still remained there..."
Finally this witness claims that the
witnesses 584/94-33, 584/94-31 and 584/94-14 were also in the prison camp in
Brod.
EVIDENCE: witnesses: 584/94-24, 584/94-31, 584/94-14,
584/94-33.
Perpetrators of this crime: LEPAN DRAGO and
persons - perpetrators stated in the testimony of the witness 584/94-32.
3.6.5. Serb Inmates of the Prison Camp in Brod
Taken for
Digging of
Trenches at the Front Battle Lines
During the
Combat Actions
It was already stated that in the area of
Brod, the inmates - members of Serbian nationality were taken in large numbers
to dig trenches at the front lines and even during the combat actions.
Such behavior towards Serbs civilians,
inmates, resulted directly in the death of a large number of persons and
injuring of a large number of inmates - civilians of Serbian nationality, and
the inmates who only through some lucky chance remained uninjured and alive.
It is certain, however, that in respect of
them in the heads of the organizers of such operations when Serb civilians were
forced to assume such roles - there was at least present the acceptance of
their death.
According to the evidence gathered so far
during the digging of trenches at the front combat lines in the area of Brod,
the following Serb inmates were killed:
1) DRAGIC TOMISLAV, from Donja
Dubica, born in 1949, of father Sreto;
2) STANKOVIC MILAN, from Novi
Grad, born in 1952, of father Stevo;
3) MARKOVIC SIMO, from Donja
Dubica, born in 1952, of father Simo;
4) NINKOVIC MILIVOJE, born in
1955 in Trnjak, of father Stevo;
5) KRSIC SPASOJE, born in 1943
in Novi Grad, of father Bogdan;
6) TOPIC STEVO, born in 1942 in
Vrbovacki Lipik, of father Mihailo;
7) SISLJAGIC MISO, from Novi
Grad, born in 1967 in Novi Grad, of father Jovan;
8) DJURIC PETAR, who further
identity at present is not known;
9) BUMBIC MISA, of father Rade,
from Novi Grad - Odzak;
10) STANIC MARKO
11) PAVIC JADRANKO, from novi Grad
- Odzak,
12) BOROJEVIC MILENKO, from Donja
Dubica - Odzak.
EVIDENCE: witnesses: 365/94-4, 365/94-5,
365/94-7, 593/94-14, 55/95-5, 55/95-8, 55/95-9, 55/95-10, 55/95-11, 55/95-12,
55/95-16, 55/95-7, 55/95-22, 55/95-28, 55/95-43, 424/95-1, 424/95-2, 424/95-1,
424/95-6, 424/95-8, 424/95-9, 424/95-10, 424/95-11, 424/95-16, 424/95-19,
424/95-20, 424/95-21, 424/95-26, 424/95-27, 424/95-28, 424/95-30, 424/95-33,
424/95-34, 424/95-35, 424/95-36, 424/95-38, 424/95-42, 55/95-23, 191/94-11,
191/94-5, 280/95-64, 476/94-7.
3.6.5.1. From the testimony of a number of witnesses
it is confirmed that during their imprisonment in the prison camp in the suburb
of "Tulek" in Brod, the inmates were doing labor, digging trenches
and that on July 9, 1992 in the village of Visnik, between Brod and Derventa -
doctor Dusan Marceta from Derventa was killed.
Thus, the witness 438/94-9 testified before
the investigating judge of the Municipal Court of Derventa on October 15, 1994
as follows:
"...During the detention in that camp
groups were formed and taken to dig trenches and to build fortification
structures, as well as to fill the sand bags serving as protection from the
combat actions. During the execution of these jobs, doctor Dusan Marceta from
Derventa was killed. Dusan was killed when the Croat soldiers asked: "Is
there anyone here from Drvar?", and when he responded - they killed
him..."
Such killing of doctor Dusan Marceta from
Derventa can not be qualified in any other way but as a classic murder, with,
of course, all the elements of a war crime in the function of genocide. The
murder only shows, further to the already stated, to what risk the Serb
civilians detained in the prison camps in Brod were exposed, and that they were
taken to dig the trenches and perform other job at the front combat lines and
during the combat actions.
3.6.6. Serbs Imprisoned in the Prison Camps in
Brod - Wounded During Digging of Trenches
3.6.6.1. A number of members of Serbian nationality,
the inmates in the prison camps in Brod, were taken for digging trenches during
the intensive combat actions and were then injured or even seriously wounded.
They are the
following persons:
"...During the digging of trenches on
September 26, 1992 at the front combat line, when a grenade exploded, I
received seven wounds in the area of my left and right legs, temple bone and in
the area of the right arm in two places. on that occasion a Croat soldier
forced me to move, and since I could not move, he stabbed me with the knife in
the area of the ribs on the right side, towards the spine..."
The investigating judge concluded in the
minutes that the witness has cuts in the rib area on the right side towards the
spine in the length of 3 cm.
EVIDENCE: witness 593/94-13
"...On October 5, 1992 when Bosanski
Brod was under attack, I was forced by the guard, with a group of Serbs, to
stand between the combat positions of Serbs and Croats. Also the Croat army was
shooting at us so I was wounded in the shin of the left leg and the thigh of
the right leg. I had a bullet wound in the thigh as well. I was not given any
medical care and neither the other wounded by the Croat soldiers, so the wounds
just healed naturally. From those wounds I am feeling consequences even
today.."
EVIDENCE: witness 593/94=33 - the victim.
"...The Ustashi were forcing us to dig
trenches even during the combat actions. In the group in which I was there was
also my father who was wounded at Zboriste during digging of trenches in the
stomach and the left leg..."
EVIDENCE: witness 55/95-7
EVIDENCE: witness 55/95-17
"...From that camp we were taken to dig
the trenches in the village of Zboriste, Kolibe and Bijelo Brdo, and the other
villages. During the digging of trenches in late August 1992 and during the
combat actions I was wounded in the area of the left shoulder blade..."
EVIDENCE: witness 55/95-27
EVIDENCE: witness 424/95-17
EVIDENCE: witness 424/95-42.
4. ETHNIC CLEANSING
4.1. INTRODUCTION
Killing of innocent
civilian Serbian population in the entire territory of the Republic of Bosnia
and Herzegovina, then deportation of the Serbian civilian population to the
prison camps established only for them, certainly were not an end unto itself.
These activities had a by far more reaching aim - the aim which is also a
specific type of genocide, stipulated in the Convention on Prevention and
Prosecution of the Crime of Genocide, its Article 2, (under item c). Against
the members of Serbian nationality in the entire territory of the former
Republic of Bosnia and Herzegovina preparations started even before the year
1992 when, in that year, the implementation began of the methods for ethnic
cleansing of the members of Serbian nationality and their forcible exile from
the territories in which they lived. Ethnic cleansing was in the function of
genocide against Serbian people.
Methods of ethnic
cleaning of the territories from the Serbian population were implemented also
in the areas of the municipalities of Brcko, Orasje, Odzak and Brod (Bosanski
Brod). There were well planned and organized actions for spreading fear and
intimidation among Serbs, both regarding the preservation of their elementary
physical integrity and the fear for their future, if they were to remain in
their centuries-old homes. Many crimes were committed by the members of the
military formations. Killing of civilians of Serbian nationality - only because
they were Serbs, numerous rapes where the victims were selected along the same
principe, mass deportation and even deportation of the entire population from
certain places into prison camps, destruction or confiscation of the property
of Serbs - all these were the activities (further to some other ones such as
the destruction of the cultural heritage of the Serbian people, of its
religious edifices, cultural and historical monuments of the Serbian people,
cemeteries) aimed at and in the function of ethnic cleansing of Serbs from
these areas, and, directly, this was a simultaneous execution of genocide
against the Serbian people. One of the direct consequences of such treatment is
the fact that several hundreds of thousands of members of Serbian nationality
from the regions of former Bosnia and Herzegovina were forced to abandon their
homes, and proportionally, a large number of Serbs was forced to do the same
from the territory of the above stated four municipalities.
Further hereinafter
we shall state some concrete evidence, some events which pertain to the
treatment of the members of Serbian nationality in the areas of the
municipalities of Brcko, Orasje, Odzak and Brod (Bosanski Brod).
4.2. BRCKO
We shall reiterate
here some parts of the testimony of witnesses 617/95-5 and 617/95-1 which
testimony was quoted when before the investigating judge they were testifying
about the attack of the Croat and Muslim armed units on the day of June 11,
1992 on the village of Bosanska Bijela - in connection both with the relations
that existed before the war, and the circumstances which were obviously leading
to what pertained to the members of Serbian nationality during the year 1992
and onwards.
Namely, from the
testimony of these two witnesses both the circumstances and the conditions
leading to the ethnic cleansing of Serbs can be assessed, and the ethnic
cleansing not only of the said village but of the other villages and places in
the area of the municipality of Brcko. Therefore, further in this report it
will not be necessary to repeat the circumstances in respect to the other
places.
It is recalled:
The witness 617/95-5 stated the following
before the investigating judge of the Municipal Court of Brcko:
"... Before the beginning of this war I
was living with my family in the village of Bijela, Municipality of Brcko,
which was populated by the inhabitants of Serbian nationality. This village is
surrounded by the Serbian villages of Cerik, Bukvik, Spionica, Srnice and the
others. The villages adjacent to the said villages are populated by the Muslim
and Croat nationalities. Shortly before the war started in the first half of
1992, inhabitants of Muslim and Croat villages formed their own military units,
and thus the Muslims were bearing the insignia of the green berets, and the
Croats the insignia of the HVO (Croat Defense Council). Immediately upon the
formation of these units, they started sending threats to the Serbian
population, threatening to have them all killed and exiled. They started
placing barricades and preventing free movement of the Serbian population, and
in early June 1992, from time to time, were raid certain villages..."
The witness 617/95-1
testifies as follows:
"...Directly before the war started in
the first half of 1992, the relations between us Serbs and our neighbors Croats
started to deteriorate, although we used to have very good relations.
Deterioration of the relations was mostly felt during the occasions when the
neighbors Croats would be marrying a son or a daughter and would not invite
Serbs to the wedding party. THEY WERE EXPLAINING THIS BY SAYING THAT THEIR
PRIEST TOLD THEM THAT SERBS SHOULD NOT BE INVITED EITHER FOR CELEBRATIONS OR
FOR FUNERALS..."
We shall state here some concrete cases -
testimonies, in connection with the destruction and confiscation of the
property of Serbs, demolition of the Serb Orthodox churches, and desecration of
Serbian cemeteries.
4.2.1. The witness 617/95-1, further to the
above stated, while speaking of the attack carried out on June 11, 1992 by the
detachment of the 108th HVO Brigade on Bijela, states the following:
"I wish to
emphasize that the part of the village of Bosanska Bijela, populated with 70%
of Serbian inhabitants, was burnt down and their property previously plundered
by the Croat army. Furthermore, the village church was mined and completely
destroyed..."
4.2.2. The witness 636/95-2 testified, also in
connection with the event of June 11, 1992, as follows:
"...The enemy
side was firing mortar shells from all the sides and on that occasion in one
place alone some 40 shells had fallen, and a total of some 300 shells fell on
the entire village. The buildings were set on fire and also the Serb Orthodox
church. It was destroyed later, not entirely during that attack."
4.2.3. The witness 638/95-2 testified in
connection with the attack on the villages belonging to the local community of
Bukvik on September 13, 1992. The witness, inter alia, stated the following:
"When the
village of Bukvik and the surrounding villages were seized, all the houses and
other buildings were burnt down, and the livestock directed towards Rahic and
Brka. The pigs were killed and the other livestock sent to the said villages. I
can say that in Bukvik many houses were set on fire and other buildings and as
far as I can remember only nine houses were not burnt down, but they were also
plundered. The same was the case with the other villages such as Vitanovici,
Gajevi, Vujicici, Lukavac, Bukovac and the other hamlets..."
4.2.4. The witness 617/95-11 testified on July
21, 1995, speaking previously of the attack carried out on Bukvik on September
14, 1992:
"... The
village of G. Bukvik, as well as the other Serbian villages in the local
community of Bukvik, are now under the occupation of the Muslim and the Croat
army. There is no more Serbian population in these seven villages. We were told
that all the houses were burnt down and destroyed and that the cemeteries in
the Serbian villages are destroyed and excavated. All the property of the
Serbian population is destroyed and in the area of that local community, during
the attack by the Croat and the Muslim army, some 70 civilians of Serbian
nationality were killed. Among the killed there were women, children and
aged..."
4.2.5. The witness 617/95-25 states the
following:
"...I wish to add only that all those
villages that were belonging to the local community of Bukvik and the village
of Skakava now are under the occupation of the Croat and Muslim army. In these
villages and in that area there is no more Serbian population, and I do not
know what had happened to the cemeteries and churches. There is talk that all
of the cemeteries are excavated and that the churches are demolished..."
4.2.6. The witness 617/95-7, who was living
before the war in the village of Vujucici - local community of Bukvik, stated
before the investigating judge on July 20, 1995, the following:
"...The
village of Vujicici and all the villages that I have mentioned were populated
with Serbian inhabitants, but the Croat and Muslim army had completely cleansed
these villages of Serbs so they are now under the control of the Croat and
Muslim authorities..."
4.2.7. The witness 617/95-40 who was before the
war living in the village of Vitanovici in the area of the local community of
Bukvik, stated the following:
"All the
property that I had in the village of Vitanovici Muslim and Croat soldiers
plundered and the buildings set on fire. I do not know what is the value of the
property but I know that it is a high value. My father was working in Germany
for 22 years and all his earnings he invested in the house and auxiliary
buildings, but now everything is destroyed. The village of Vitanovici is now
under the occupation of the Croat army, as well as the other Serbian
villages..."
4.2.8. During the procedure conducted before the
Municipal Court in Brcko against NN, perpetrator of the criminal offenses from
Article 142 taken from the Penal Code of Yugoslavia, a large number of
witnesses were heard, members of Serbian nationality, who were living in the
village of Vucilovac prior to the attack on that village on December 12, 1992,
and had there their families and their property. We shall state here the parts
of testimonies of several from amongst a number of heard witnesses.
4.2.9. The witness 679/95-42 stated the
following:
"...All the property which remained in
Vucilovac was plundered by the Croat army, Serbian houses were destroyed and
burnt down. The church was demolished and the cemetery completely destroyed.
The village of Vucilovac is under the occupation of the Croat army and there is
not a single Serbian family now there. I had in Vucilovac a new house, a well
equipped workshop, 3.5 hectares of farming land, a livestock barn and all the
other appurtenant buildings. I had one auxiliary building, one tower and the
rest. Separately I had a pig-sty, and the value of total property that remained
there and the tools is one million DEM and I am filing a restitution
(reparation) claim for that amount. I wish especially to underline that I have worked
in Germany for 23 years and everything that I have saved I have brought home
and invested in the house and other buildings..."
4.2.10. The witness 679/95-6 states as follows:
"...The village of Vucilovac is now
under the occupation of the Croat army so that there is not a single inhabitant
there of Serbian nationality. The village church in the village of Vucilovac
was demolished, and the Serbian cemetery excavated by the Croat army.
Therefore, the threats that were sent to us have come true one hundred percent.
Serbian property is plundered, and houses destroyed or burnt down. I was the
owner of 6 hectares of farming land, I had a good house, all the necessary
auxiliary buildings, a pig breeding farm with always 400 to 500 pigs in it, and
all the agricultural machinery. According to an even most modest estimate, the
value of my property is some two million DEM and I am filing claim for
reparations for that amount..."
4.2.11. The witness 617/95-23 states the following:
"...The village of Vucilovac is now
under the occupation of the Croat army and in that village there is not a
single Serbian family now. There is talk that the Serbian cemetery is
completely excavated, and all the houses burnt down, plundered and
destroyed..."
4.2.12. The witness 679/95-10 stated the following
before the investigating judge on August 17, 1995:
"...The
village of Vucilovac is now under the occupation of the Croat army and in the
village there is not a single inhabitant of Serbian nationality now. The bodies
of all the killed persons were exchanged on January 30, 1993 and most of them
were buried at the cemetery in Brcko and in the other places around Brcko. All
the Serbian property in the village of Vucilovac was plundered, houses were
burnt down. The church was demolished, the cemetery excavated and a road
constructed running over it. Therefore, the threats that they were sending us
from the Croat villages are now completely fulfilled. I was living together
with my father and we had two houses, all the auxiliary buildings, agricultural
machinery and a car. We have 5.5 hectares of the first-class farming land and a
forest. The total value of property that my father and I owned was around one
million DEM for which amount I am filing the reparations claim..."
4.2.13. The witness 679/95-11 stated before the
investigating judge of the Municipal Court of Brcko:
"...Before the
war I was living in the village of Vucilovac, Municipality of Brcko. In the
village of Vucilovac there were some 800 inhabitants of Serbian nationality,
and the villages surrounding Vucilovac were populated with exclusively Croat
population...The village of Vucilovac is under the occupation of the Croat army
and in it there is no longer even one Serbian family. All the Serbian houses
were plundered and destroyed. The church is also destroyed and the cemetery
excavated. The threats of the Croat army, i.e. of our Croat neighbors have come
completely true..."
4.2.14. The witness 619/95-16 stated on July 18,
1995 the following:
"...Before the
war I was living in the village of Vucilovac Municipality of Brcko with my
family... The Croat army looted all the property which we have left during our
escape, and the house was burnt down and destroyed. I had a large new house
with an upper story, because I was working in Germany for 20 years. I was the
owner of some 4 hectares of the farming land and I had all the necessary
agricultural machinery and the auxiliary buildings around my house. The value
of all that property was around one million and a half DEM and I am filing the
reparations claim for that amount..."
4.2.15. The witness 679/95-39 who was living in the
village of Vucilovac before the war, inter alia, stated the following:
"...The church
in Vucilovac was destroyed, the cemetery, it is said, is completely destroyed.
All my property that we had was plundered and burnt down. I had a house in
Vucilovac, two auxiliary buildings, a barn, a tractor and all the other
machines, I had 2 hectares of farming land because I was a farmer. I can not
say what is the value of the property that I had..."
In view of what has
happened to the members of Serbian nationality in the area of the Municipality
of Brcko - killing of civilian population during the attack on the villages,
their annihilation while they were detained in the prison camps - it is obvious
that also the destruction of Serb property, Serb churches, desecration of their
cemeteries - should have created an objective situation that those who survived
would not have a place to return to!
Such a behavior, of
course, in the other places of the four municipalities subject of this report -
had the same function.
4.3. ORASJE
In the area of the
Municipality of Orasje certain actions were also undertaken for purpose of
making impossible for the members of Serbian nationality to freely live in
their centuries-old homes. In early May 1992 the arrests started of civilians
in Orasje and they lasted until June 11, 1992 when practically all the Serbs
from Orasje "found refuge" in the prison camp located in the
Secondary School Center in Orasje. The raid was made also on the village of
Bukova Greda on May 9, 1992 and Serb civilians were arrested and deported, as
was already mentioned, to the prison camps in Donja Mahala, the shed of Mirza
Filipovic called "Deljkovic", and some of them to the camp located at
the Primary School in Donja Mahala. According to the available evidence, in the
prison camps in Orasje and Donja Mahala between 350 and 400 Serbs were
detained.
In order to
understand better the behavior of Croats and Muslims in respect to the members
of Serbian nationality, although this may well be assessed from this report so
far, illustrative is the testimony of the witness 267/94-13.
The witness
267/94-13 stated, inter alia, the following:
"... In the prison camp in Orasje I have
spent eight months, in hell and in filth. All the Serbian houses and apartments
in Orasje were looted, and not a few houses were demolished" (267/94-13);
Regarding this witness, in connection with
the conducting of the ethnic cleansing of this concrete territory at the
detriment of the Serbian people, his following testimony should be had in mind:
"...The euphoria of chauvinism was
insufferable, loud speakers at rallies were noisy, and in the game were various
propaganda materials - pamphlets, graffiti, tee-shirts with
"chessboard" insignia and Ustashi emblems. It was a real deluge of
all this. And all this was introducing anxiety among Serbs, because the threats
were as follows:
"Serbs have nothing to look for here -
in Posavina (Sava River valley) there will be no Serbian ear, from Derventa to
Brcko and inland to Majevica".
The most important is that all these threats
were public...Dismissal started of Serbs from public and social functions and
economic posts (in education, health care, municipal administration
authorities, commercial enterprises). Everything was cleansed... There was open
talk that there will be war and its soon spilling over to Bosnia and
Herzegovina, then to Kosovo and that it will be the end of Serbs. Serbs living
in the city of Orasje, during the day were working in firms and during the
night would go to sleep in the villages from which they came to Orasje... but
on April 27, 1992 it was impossible to leave the city of Orasje..."
(267/94-13, 396/95-2).
What was the situation in which the Serbs
found themselves in early 1992 is also illustrated by a detail from the minutes
on the testimony of the witness 267/94-8 from Bukova Greda, in which he
describes the dialogue between himself and Zivkovic Marko called
"Bogo" in the prison camp where the witness was detained - in the
Secondary School Center in Orasje. The witness states that this person, the
staff of the prison camp, kicked him in the stomach saying:
"EVEN IF YOU ARE NOT GUILTY, YOU ARE
STILL A SERB, RIGHT? I SAID THAT I AM, AND THEN HE AGAIN TOLD ME: "SO YOU
SEE, THIS IS ENOUGH FOR ME TO KILL YOU, ONE PART OF YOU WE SHALL KILL, ONE PART
DEPORT..." (witness 267/94-8).
Such warnings, of course, are very well known
to us. Since a long time ago Serbs could hear this in these areas and in some
other areas of former Yugoslavia, only previously it was ‘scheduled’ that one
third of Serbs will be killed, one third deported, and one third converted into
Catholicism.
In the area of Orasje, just like in the area
of the municipality of Brcko, mass confiscation of property of Serbs was
carried out, and also the destruction of their property. There are testimonies
of numerous witnesses confirming this. Hereinafter we shall states parts of
testimonies of only a few witnesses.
4.3.1. The witness 267/94-1 from Bukova Greda
where she lived until the year 1992, stated the following:
"...On May 9,
1992 all the men from Bukova Greda were deported to the prison camp. Women remained
in the village. On that same day a large group of armed Ustashi came into the
village. They entered my courtyard. One part of that group entered the big
house and smashed everything. The glass was breaking...Afterwards the Ustashi
were coming every day looting the property of Serbs. Josko, the veterinarian,
came and ordered us to milk the cows in the village which belonged to the Serbs
detained in the prison camp..."
4.3.2. The witness 267/94-15 was earlier living
in Orasje, and is now living in Brcko, and she stated the following;
‘...On May 5, 1992
I went to visit my daughter in Zupanja, and on May 9, 1992 Cica Cvijanovic told
me that all the people from Bukova Greda were deported to the prison camp... We
came to the village. It was empty. The police was breaking into the houses,
collecting suckling pigs and objects - everything. Windows on the houses were
broken - everywhere horror and anguish. I came in front of the house of my
father-in-law. Everything was taken from the house or broken...In front of the
house of my father-in-law I saw the car of my son and broken things in it -
scattered around - their clothes. I went to the house of the two neighbors
Stojan and Rista Saric and their houses were also plundered..."
4.3.3. The witness 679/95-23 in front of the
investigating judge of the Municipal Court of Brcko on August 22, 1995 stated
the following:
"...I was
living in the same household with my brother’s son T. and we had 13 hectares of
the farming land, two houses and all the auxiliary buildings necessary for a
farming household. We owned all the agricultural machinery and the total value
of our property was around one million DEM and in that amount I am filing the
reparation claim. In the village of Bukova Greda now are settled the Muslims
from Modrica and Odzak. There is talk that the Serbian cemetery is completely
destroyed..."
4.3.4. The witness 679/95-24 stated before the
investigating judge of the Municipal Court of Brcko on August 22, 1995 the
following:
"...A certain
number of Serbian families in April and early May 1992 abandoned their houses
and went to Obudovac and other places to their relatives, because it was
expected that the Croat army will realize its threats sent to the Serbs.
Together with my family I also left my home and property on April 28, 1992 and
went to Obudovac...I had a house in the village of Bukova Greda, auxiliary
buildings there, 1.5 hectares of farming land and all the agricultural
machines. All that property remained in Bukova Greda and its total value is
some 400,000 DEM and this is the amount of my filed reparation claim..."
4.3.5. The witness 679/95-27 born in 1928 stated
before the investigating judge the following:
"...I have
with my family, remained in the village until May 9, 1992. On that day the
Croat army entered the village and started killing Serbs who were there, in
their own homes...I had a house in Bukova Greda and all the necessary auxiliary
buildings for the farming purposes. I owned livestock, agricultural machines
and I had 6.5 hectares of the farming land. The value of all that property is
some 600,000 DEM which is the amount of reparation claim that I am
filing..."
4.3.6. The witness 679/95-31 testified before
the investigating judge about the situation persisting immediately before the
witness left Orasje and the property that was left there.
The witness stated
the following:
"...The relations between Serbian and
Croat and Muslim population before the war were rather good. There were no
conflicts at all on the national basis until the beginning of the year 1992,
i.e. the formation of the political parties HDZ (Croat Democratic Community)
and the SDA (Party of Democratic Action). After the formation of these parties
the relations suddenly deteriorated because the Muslims and the Croats formed
their units from the ranks of the local population and thus, the Croats were
wearing the HVO insignia and the Muslims the green berets. Both the ones and
the other started sending threats to the population of Serbian nationality
claiming that they will be exiled or killed. They were saying even that they
shall form a special unit to raid Serbian houses and slaughter Serbs. In the
vicinity of the Serbian houses they were listening in on the conversations and
were threatening and ordering the tenants to abandon as soon as possible their
houses. The threats were every day growing, and the anxiety of the Serbian
people was increasing every day. Such a situation lasted until April 16, 1992
when I was forced, together with my husband and son, to leave my house and property
and to depart from Orasje. At the head of the Croat formed units was Marko
Benkovic, of father Maros, born in 1953 in the village of Ugljara Municipality
of Orasje. Marko was the main organizer of the pogrom and expulsion of
Serbs...In Orasje I left my house one story high, with two shops on the ground
floor and its value is some 200,000 DEM..."
4.3.7. Similar testimony is given also by the
witness 679/95-32, born in 1968, whose father was killed in the prison camp in
Donja Mahala, which was stated hereinabove, and also several members of his
family were killed. His testimony is similar to the testimony of the previous
witness. The witness states the following before the investigating judge:
"...The
threats were multiplying every day so that in April 1992 a large number of
Serbian inhabitants of Bukova Greda abandoned their homes and left. I left my
house with my family on April 20, 1992 and went to the village of Loncare...In
Bukova Greda I left my house and all the auxiliary buildings. I left my farm with
250 pigs, I left also 4 hectares of the farming land and all the agricultural
machinery. The value of property that remained in B. Greda is between 400,000
and 500,000 DEM. I am filing the reparations claim to that amount. The village
of Bukova Greda is under the occupation of the Croat army and in that village
there are no more Serbian families. In the Serbian houses now have moved the
Muslims from the area of the Municipality of Odzak - now called
Vukosavlje..."
4.3.8. The witness 679/95-35 was born in 1953,
and states the following:
"...I think that in Bukova Greda only
three Serbian families remained, but what has happened to them I do not know.
Serbian church in Orasje was demolished, and the Serbian cemetery in Bukova
Greda was excavated. Into our houses in Bukova Greda Muslim families were
settled from the area of Modrica and Novi Grad. The village of Bukova Greda is
now under the occupation of the Croat army. I was the owner in Bukova Greda of
13 hectares of the farming land, two tractors, maize picker and all the other
agricultural machinery. I had a house and all the auxiliary buildings and
livestock. The value of this property is some one million DEM and in this
amount I am filing my claim for reparation..."
Finally, it is necessary to bear in mind that
the newly constructed Serbian Orthodox church in Orasje was destroyed, that the
Serbian Orthodox cemeteries in Bukova Greda were desecrated. Bearing in mind
the testimonies of the said witnesses - it is clear with what intention, by
committing crimes against them, the members of Serbian nationality in this area
were treated.
4.4. ODZAK
4.4.1. Introduction
Ethnic cleansing of
Serbs in the area of the Municipality of Odzak which started on May 8, 1992, on
the basis of the gathered evidence, was conducted not only in the manner as
stated hereinabove, but also through the rape of women, civilians, members of
Serbian nationality, which was aimed at forcing them to abandon with their
families their homes.
About the treatment
of the members of Serbian nationality in this municipality, due to
circumstances, certain material and written evidence was gathered which shall
be discussed later.
On May 8, 1992
Serbian population found itself detained in the prison camps which were
certainly planned and prepared well in advance. In this it is necessary to
state that members of Serbian nationality were grossly deceived, because
according to the agreement reached with the members of the Croat authorities,
Serbian population from Odzak, Trnjak, Struka, Donja Dubica, Novi Grad and
Gornji Svilaj were to be transferred to the free territory.
Serbian population,
however, instead of finding itself in the free territory, found itself in the
prepared prison camps - one located in the gym of the Primary School in Odzak,
and the other one in the premises of the "Strolit" company in Odzak.
In the prison camps
in Odzak, according to the documentation complied by the Croat Defense Council
(HVO) of Odzak - there were 618 Serbian detained inmates.
Document in
question is entitled "The List of Detainees in the Prison (School)".
It is obvious that
the name of this list, the use of inadequate term, was aimed at deceiving the
public in respect to the fact whether in a concrete case it is a prison for
‘detainees’, and whether it was actually in that building, on what basis and
according to what criteria.
This name certainly
has the aim to conceal the fact that it was a prison camp designated
exclusively for the members of Serbian nationality.
In connection with
this document and its very title, and regarding its contents something more
should be said.
Concretely, on this
list only Serbs are to be found, which is evident at the very first glance by
reading the names and surnames of the ‘detainees’.
Furthermore, all of
the 618 Serbs were deported to the prison camp on one and the same day - on May
8, 1992, and there is no evidence that there were any legal grounds to place in
custody any of them, not even one of these persons of Serbian nationality, and
imprison them in the camp, let alone all of the 618 of these persons.
Even a superficial
analysis would soon show the obvious result: from 618 Serbs on the list, 105 of
them were above 60 years of age, or more concretely: 67 persons were between 60
and 70 years old, 29 persons were between 70 and 80 years old and 9 persons
were over 80 years old. The youngest male Serb - an inmate, had in this
particular case 17 years of age (item number 10) and the oldest 85 years (item
number 200).
Mass deportation of
the almost entire Serbian population from the area of the Municipality of
Odzak, and everything that is to follow in the prison camps, bearing in mind
the torture inflicted on the members of Serbian nationality and the mass
destruction of Serbian property, burning down of their houses, confiscation of
property, already mentioned rape of women - members of Serbian nationality -
clearly show that all this was aimed at preventing Serbs from living ever again
in the area of this municipality.
There is further
written evidence shedding more light on the essentials - why were Serbs treated
in the manner in which they were treated.
The contents of the
document 91/94-1 - document 1, reveals that in the conclusions of the Crisis
Staffs of the municipality of Odzak No. 07/92 of May 12, 1992 it is confirmed
that burning down of the Serbian village of Donja Dubica and plunder of the
property of the inhabitants of the Serbian villages of Novi Grad and Donja
Dubica was committed by the 139th Brigade. This document shows also
that the members of the 139th Brigade, without the knowledge of
civilian and military authorities of the Municipality of Odzak, were taking out
the civilians - members of Serbian nationality from the prison camps in unknown
direction and were liquidating them.
Furthermore, from
the report of the Ministry of Interior of the Republic of Bosnia and
Herzegovina - Municipal Secretariat for Interior Affairs of Odzak (document
191/94-1 - document 2), on "the burnt down residential and other buildings
in Donja Dubica and Novi Grad", it is determined that the team of
authorized employees of the Public Safety Station together with the
representative of the Crisis Staff, visited the site on May 11, 1992 (which
means only three days after the mass deportation of Serbian population to the
prison camps) and concluded the following:
Immediately at the first glance it was be
noticed that practically many Serbs who were on May 8, 1992 already having a
provided prison camp for them, at the same time remained deprived of their own
homes, and not a lot of effort is needed for these two facts to be connected
and concluded what was the purpose, on the one hand, of the deportation of
Serbs to the prison camp, and on the other hand simultaneous burning down of
their houses.
Numerous witnesses, members of Serbian
nationality from this municipality, have testified that during their deportation
to the prison camp on May 8, 1992 and when they started on the move towards the
promised free territory together with their mobile property, all their
valuables: cars, tractors, various valuables, all better items were taken from
them, and members of Serbian nationality empty handed were taken to the prison
camp (witnesses, for example: 280/95-1, 280/95-3, 280/95-5, 280/95-9,
280/95-65, 280/95-88, 280/95-89).
We have stated only a few examples of the
mass confiscation of the property from Serbs.
It is necessary to underline that the
following were also destroyed: Serbian Orthodox church of Saint Peter and Paul
in Novi Grad and Serbian Orthodox church of Holy Virgin in Donja Dubica.
EVIDENCE"
witnesses: 593/94-33, 55/95-1, 55/95-2, 55/95-4, 55/95-1, 55/95-7, 55/95-8,
55/05-9, 55/95-10, 55/95-11, 55/95-12, 55/95-13, 55/95-14, 55/95-15, 55/95-16,
55/95-17, 55/95-18, 55/95-22, 55/95-23, 55/95-28, 55/95-29, 55/95-43, 424/95-2,
424/95-20, 424/95-23, 55/95-25, 55/95-26, 55/95-29, 55/95-34, 55/95-35,
55/95-36, 55/95-37, 55/95-39, 55/95-40, 55/95-42, 55/95-42, 55/95-43, 55/95-45,
191/94-14, 191/94-15, 191/94-16.
4.4.2. We shall present here concrete events
which, together with the already stated evidence, are clarifying further that
in the area of Odzak authorities of the area of this municipality activities
were undertaken obviously aimed at the ethnic cleansing of Serbs from these
areas and were in the function of genocide of members of Serbian nationality.
Such a conclusion derives from concrete actions aimed at intimidation of Serbs
and at creation of such a social climate in which Serbs will feel that there is
no more place foro them in those locations. In the implementation of the said
target certain role was to be played by rape of women of Serbian nationality,
at this at the time when Serbian men were imprisoned in the camps. We shall
also state further examples of destruction of Serbian property in this
municipality.
4.4.3. The witness 424/95-1 from Novi Grad -
Odzak, described before the investigating judge in what living conditions were
the inhabitants of the village of Novi Grad - Municipality of Odzak, in early
1992. His testimony is similar to the testimony of many other Serbs from Novi
Grad, given before the investigating judge or before some other state
authorities.
The witness
424/95-1 underlines the following:
"...The village of Novi Grad was
inhabited exclusively with Serbian population, and the surrounding villages are
Croat. Immediately before the war the inhabitants of the Croat villages formed
military units bearing the insignia of the HVO (Croat Defense Council) and were
arming themselves.
The already formed Croat units and Croats -
civilian population, in the first half of 1992 started sending threats to the
inhabitants of Serbian nationality, saying that all Serbs will be killed and
expelled from their homes and that there is no place for them to live with the
Croat and other nationalities. On the borders of the village they started
digging trenches and then they closed the exists from the village of Novi grad,
so the Serbian population was prevented from going out of the village. The
threats were growing every day and on May 8, 1992 the Croat army announced that
all Serbs present in the village of Novi Grad from the surrounding places, must
leave the village and move in the direction of Odzak..."
What is the follow is the already well known
story of the deceit of Serbian population and instead in the free territory -
Serbs found themselves in the prison camps in Odzak with all their property
confiscated.
4.4.4. The witness 191/94-17, born in 1967 from
Gornji Svilaj - Odzak, was were concrete in his testimony:
"...Ustashi
occupation and sufferings of the Serbian people in gornji Svilaj did not happen
by chance. Occupation was preceded by a number of measures and actions
organized and conducted by the members of the Croat Democratic Community (HDZ
party) as a pro-Fascist democratic party. One of such members in Gornji Svilaj
was Juric Luka called "Babe Ivke" and I wish especially to underline
his activities.
He was one of the
organizers of the Croat Democratic Community in Gornji Svilaj. he joined the
actions of the supply and transport of armament for the needs of the Ustashi
para-military formations. With the military uniform having ‘the chess-board’
insignia of that formation, he was moving around even before the combat actions
started. He was intimidating Serbs in Gornji Svilaj, firing shots through the
village from fire arms and on countless occasions, while shooting through the
village streets, was challenging and provoking his Serbian neighbors. He was
one of the loudest fomenters of the armed conflict and clashes with the Serbian
population..."
EVIDENCE: witness 191/94-17
4.4.5. The married couple witnesses 593/94-24
(280/95-89), the husband born in 1935, and 593/94-28 (280/95-65) the wife born in
1941, both of them from the village of Vrbovacki Lipik - Municipality of Odzak,
described in detail the anguish that they have suffered in the month of June
1992, only because they are Serbs.
On June 3, 1992
into their courtyard came a group of armed persons in the camouflage uniforms
(Ivica Mutavdzic from the village of Donji Svilaj, Ilija Juric called
"Bekrija" and others), set on fire their barn, ordered the head of
the household T to set free all the livestock from the barn. Then they ordered
him and his wife to sit on a stack of hay, Mutavdzic Ivica took off the panties
of his wife and then successively with matches they were setting hay on fire,
the flames were spreading and then he allowed them to get us. Soon on that same
day, Ivica Mutavdzic came again to the house of the said couple with some other
members of HOS and on that occasion he sodomized by force and raped the
housewife.
The husband, a Serb,
witness 593/94-24, states the following:
"...After setting my barn on fire, Ivica
Mutavdzic came with a group of Croat soldiers. They were beating me and my wife
with the pestle (a metal tube some 10 mm in diameter and 30 cm in length, with
a metal handle attached to its end). They were beating us with this object all
over the body, so we were both bruised and covered with blood. As a
consequence, I could not open my mouth and eat for almost one month. They were
especially beating us on the kidneys and posterior..."
EVIDENCE: 593/94-24, 280/95-89, 593/94-28 and
280/95-65.
4.4.6. The events of June 3, 1992 in the village
of Novi Grad - Odzak obviously show that the members of Serbian nationality in
Bosnian Posavina were intimidated by very diversified crimes and were forced to
abandon their homes, if they were not, of course, deported to the prison camps
or killed previously. On the stated date members of the group "Fire
Horses" of the 102nd Odzak Brigade, headed by BRNIC MARJAN,
from the house of V.M. took away the underage P. and L. who they later raped.
The other Serbian women and children some 15 of them, they pushed into the
house, locked the front door, set the house on fire, and the women saved
themselves and children by jumping from the windows.
EVIDENCE: witnesses 380/95-43, 280/95-68 and 280/95-69
4.4.7. The testimonies of many witnesses, especially
women from the area of Odzak, proves beyond any doubt that planed and
systematic persecution, harassment and rape of women and girls of Serbian
nationality, was directly in the function of ethnic cleansing of Serbs and in
the final instance, in the function of genocidal behavior of the local
authorities against Serb population. Together, of course, with the plunder of
their property burning down and mining of their houses, as already mentioned in
this report. Their testimonies are very moving, they are similar to each other,
because their sufferings and everything that they have endured are very
similar.
From their
testimonies, inter alia, and as verified by extensive other evidence, it is
disclosed that Serbs from Novi Grad and from the other places in the area of
Odzak, were ordered to abandon their homes with the promise that they are free
to go to the free territory of Bosanski Samac. When the Serbian civilians
arrived in Odzak, Serb men were separated from their wives and children,
imprisoned in the prison camps, while women and children were located and
accommodated in private houses in Odzak, with the prohibition of leaving
without the permission of the authorities.
Several cases of
torture and rape are presented against women of Serbian nationality and only
because they were Serb women, in order to achieve the said target of the
perpetrators of these crimes and their superiors.
4.4.8. In the night between June 5 and 6, 1992
members of the group "Fire Horses" of the 102nd Odzak
Brigade, in which were BRNIC MARJAN, BARUKCIC JOZO, GLAVAS ILIJA, GLAVAS PAJO,
JURIC ILIJA called "Bekrija" and others, dressed in camouflage
uniforms, broke down the entrance door of the house of Ninkovic Drago in Novi
Grad - Odzak, expelled all the persons from the house into the courtyard,
cursed them and harassed the witness 593/94-21 (280/95-41) (born in 1955),
separated her from her two children, beat her up with riffle butt. Barukcic
Jozo took from her 1,400 DEM. They placed her in a vehicle and took her to a house
in Novi Grad, ordering her to call be owners of the house, and when she did
that, they entered the house shooting from the fire arms, harassing the persons
present. They singled out M. born in 1963, sister of the witness, mother of
three small children N. who was born in 1950 and S. born in 1969 , and they
took them all to Posavska Mahala where they placed them in three houses, then
raped and sodomized them, and in the morning hours released them ordering them
to start running naked towards Novi Grad.
The witness
593/94-21 (280/95-41) - the victim, states the following:
"...When they took me into a room they
started beating me with fists and pistol handle on the head, back and legs,
then they forced me to take off all of my clothes, and then they raped me. Besides
Brnic Marjan, Barukcic Joza, Glavas Ilija, Glavas Pava and Juric Ilija, I was
also raped by Tipura Matan from Potocanski Lipik and another persons - each one
of them twice..."
All that time they were beating me and
forcing me to say that I love them and that I am enjoying myself.
At down BRNIC MARJAN expelled me naked out of
the house in which they raped me and ordered me to run to my home. Since I
could not walk, I was crawling slowly. Then J.M. came by and took me in his car
back home to Novi Grad..."
Finally, the witness - victim stated that
Barukcic Jozo took away from her 1,400 DEM.
EVIDENCE: witness 593/94-21 and 280/95-41
The witness 593/94-23 whose husband, born in
1960, was killed by the Croat soldiers in Novi Grad on April 22, 1992, confirmed
the testimony of her sister - witness 592/94-21, and while speaking of her
children which were taken by force away from her before she will be raped, she
says the following:
"...My oldest child was 8 years old at
that time, the younger one was 6 and the youngest was only 9 months
old..."
In connection with the circumstances under
which she was raped, she states the following:
"...In the group of Croat soldiers who
took me to the place of rape, me and the other women, whose names I have
already mentioned, was also MARJAN BRNIC from the village of Vrbovica, a
croat, municipality of Odzak...Marjan raped me and was beating me the most
before the rape. He was threatening to kill me... In that group which took away
myself and the other women were ILIJA GLAVAS and his brother Pavo
Glavas, from the village of Ljestrak - municipality of Odzak and a certain Juric
called "Bekrija".
I was conscious while six of the Croat
soldiers raped me, after that I fainted.
At some 04:30 hours when I regained my
consciousness, Croat soldiers expelled me and S. naked outside, and threw our
clothes after us, ordering us to run and started shooting after us..."
There is an amazing
detail in the testimony of this witness:
"...When I returned home I had terrible
bleeding, so I reported the case to the offices of the Red Cross... They took
me to the hospital in Odzak, but the medical staff of the hospital, IN
PARTICULAR, DOCTOR ZIZA, I DO NOT KNOW OTHER DETAILS OF HER IDENTITY, TOLD ME
THAT SHE WILL NOT GIVE ME MEDICAL HELP BECAUSE I AM A SERB...
The witness after the rape lost over 20
kilograms of body weight and had treatment in Austria and in Banja Luka.
EVIDENCE: witness 593/94-23.
The witness 593/94-17 and 280/95-57 - the
victim (born in 1935) from Novi Grad, mother of two children, also confirmed
the statements by L., Dj. and S. but said that she did not recognize any of the
men who took part in their abduction and rape, because everything was happening
in the dark, and she does not know well the inhabitants of this area.
The witness
593/94-17 (280/95-57) testifies as follows:
"...When we arrived at Posavska Mahala
they took us out of the car and one unknown Ustasha took me into the house on
the floor and on some bed there he was beating me with hands on the head, chest
and other parts of the body, demanding that I take off my clothes which I did
and he raped me. Previously, he took away from me 4,000 DEM which I was keeping
in the leather belt around my waist and hidden under my clothes, and he found
them when I took off my clothes. Then the same person from that house took me
to another house where they had previously taken Dj. and S...Another three
persons came and they also raped me... They were demanding various perversions
from me, i.e. that I cuk their penis. During the sexual intercourse they were
beating me demanding that I say that I feel nice and that I am enjoying all
that.
In the early morning after dawn they expelled
out Dj., S. and myself from the house and ordered us to run through the forest
and fields in the direction of Novi Grad..."
EVIDENCE: witness 593/94-17 (280/95-57)
The witness 593/94-18 (280/95-42) born in
1969 in Novi Grad - Odzak, also confirms the anguish endured by the said
victims during the event in the night between June 5 and 6, 1992.
The witness states
the following:
"...It was dark and there was no light
in the room, so I did not recognize anyone except Brnic Marjan, but I
know that four Ustashi came into my room. They cursed my Chetnik mother, threatened
me with weapons and knife and ordered me to take off all my clothes, and then
all the four of them raped me...At some 04"45 hours myself, N. and M. were
expelled from the house and forced to run through the forest in the direction
of Novi Grad, while they were shooting after us from automatic guns..."
EVIDENCE: witness 593/94-18 and 280/95-42.
4.4.10. In the end of May 1992 BRNIC MARJAN, GLAVAS
PAVO and another four, at present, unidentified persons, in the night at some
01:00 hours came with a vehicle van on which it was written "Fire
Horses" in front of the house of L. in Potocanski Lipik, broken down the
entrance door, started shooting from fire arms to frighten the tenants, cursed
and insulted them, and from the group of women singed out the witness 280/95-43
from Potocanski lipik, born in 1957, by force pushed her into the van and drove
off to Posavska Mahala, took her to the house of Barbara Joza and under threat
of fire arms and knives all the six of them raped her, and during the very act
of rape were also psychologically torturing her. They were threatening to slit
her throat.
The witness states:
"...THEY WERE SAYING THAT WE SERBIAN
WOMEN MUST GIVE BIRTH TO USTASHI CHILDREN..."
EVIDENCE: witness 280/95-43
4.4.11. On July 3, 1992 at some 23:00 hours in novi
Grad BRNIC MARJAN, BRNIC MATO, KAURINOVIC MARKO called "Patak", JURIC
ILIJA called "Bekrija", BARUKCIC JOZO with another several, at
present, unidentified members of the group "Fire Horses" of the 102nd
Odzak Brigade, came in front of the house of the Serb V and took out from the
house the girls, women and children, who had gathered in that house to be more
safe. They were firing from fire arms and by force singled out the minor
witness 593/94-20 (280/95-49), born in October 1977, which means that she was
not even 15 years old, and took her in the direction of Posavska Mahala. They
took her out of the van, brought her into a tow-story building and in a dark
room on the ground floor, with occasional light from the torch, five or six of
them started beating her with fists and riffle butt, forced her to take off her
clothes, and then first Brnic Mato raped her, who performed defloration of the
witness 593/94-20, and then she was raped by Brnic Marjan. The others did not
succeed in raping her because in the meantime at the request of her mother, one
member of the HVO military police intervened, a friend of her father.
EVIDENCE: witness 593/94-20, 280/95-49, 280/95-43
4.4.12. On July 12, 1992 members of the same group
"Fire Horses" KAURINOVIC MARKO called "Patak" and another
several persons, among them a certain "Cutura" (whose real name is
assumed to be MARIC MATIJA, son of Ante and Strazija, born on May 7, 1962 in
Novo Selo), came in two cars to the center of Novi Grad to a house in which
were the girls from the village who have gathered in the basement of that
building to be safer. They singled out the already mentioned witness 593/94-20
(280/95-49) who was the victim of the event of July 3, 1992 as described
hereinabove, also T. from Gornji Brezik and another girl with the family name
of M. They took them to a house in novo Selo, and when the said girl of the
family name of M. suffered an attack of epilepsy ("she had foam on her
mouth") Kaurinovic returned her back, while the witness 593/94-20
(280/95-49) with the use of force, was subjected to rape by a certain
"Cutura" and then by Kaurinovic Marko.
The witness
593/94-20 (280/95-49) states the following:
"...On that same evening at some 23:00
hours in front of the house in which I was came a truck full of Croat soldiers
and then "Patak" told me that he will give me to those thirty of them
to rape me. In the room first entered an elderly man from Novo Selo, I do not
know his family name, called Marko and I know that he was on good terms with my
father and was coming to our house. In spite of the dark, he lighted matches
and recognized me and since I was naked he told me to dress up...The next day
the said Marko returned us in front of a certain house, so the two of us hid in
the nearby woods and were hiding also in the corn fields and the adjacent
lands, and on May 3rd in the evening we were found by the Serbian
army which entered Novi Grad on that day".
The witness 593/94-20 (280/95-49) stated also
that she heard the screams of T. who was first raped by a certain Marko and
then by another six men.
EVIDENCE: witness 593/94-20 (280/95-49)
4.4.13. Several examples are given in connection
with causing of damage to property owned by members of Serbian nationality.
The witness
593/94-15 from the village of Novi Grad - Odzak (born in 1960) stated before
the investigating judge that his father Zivko was killed during the forced
labor on digging of trenches at the front battle lines, that he was previously
in the prison camp in Donja Mahala, and that he himself was imprisoned in the
prison camp in Odzak, that his wife was also imprisoned in the prison camp and
when they were exchanged they returned to Novi Grad. The witness states the
following:
"...I saw that
my house was burnt down, and that all my property was looted. The house was a
new one with one story, with rooms in the attic. Its size was 10x10 meters,
fully furnished. The value of the furnished house was some 500,000 DEM..."
EVIDENCE: witness 593/94-15
4.4.14. The witness 593/94-17 from novi Grad -
Odzak, born in 1950, stated the following:
"...I wish to
emphasize that the Croat soldiers, among other things, also confiscated our new
"Mercedes" car worth 60,000 DEM, that they burnt down our house and
thus caused us damages in the amount of some 500,000 DEM..."
EVIDENCE: witness 593/94-17
4.4.15. The witness 191/24-26, born in 1947 in
Gornji Svilaj, explained in detail the manner in which Serbian houses were
destroyed and plundered in the place where she lived - in Gornji Svilaj.
"...On April
23, 1992 together with the other villagers, I escaped from the village and on
May 1st return home. Everything I owned remained in my house. I had
cows and pigs and I wanted to let them out. I wish to God I never returned. On
May 15, 1992 the plundering, burning down and mining of Serbian houses started.
I think that two or four days after the exodus from the village the Serbian
church was also mined. There were two terrible explosions...The ones plundering
the most were Branic Stjepo and his sons Ilija and Zvonko, and also the
others. I was seeing them the most. They were transporting the looted things
during the night from the house of Tomo and Pero Zecevic..."
The witness
191/94-26 underlines that neither was her house spared, that it was looted,
that the doors of the house were pierced with rounds of fire although they knew
that she was in the village.
EVIDENCE: witness 191/94-26
4.4.16. The witness 424/95-32 born in 1955 in Novi
Grad, while describing the events of early June 1992 when the Croat soldiers
tried to rape her in a van vehicle in the area of Posavska Mahala, underlines
the following:
"...They were
driving us in that vehicle in the direction of Bosanska Mahala and while
passing through the hamlet of "Brezik" they stopped the van and Pavo
Sicic went out and set on fire the houses of VASO PANIC, of his mother, of
SVETOZAR PANIC, VIDA SJEKIC and ZORKA SISLJAGIC.
The witness
explained that Pavo Sicic was from Bosanska Mahala and that he was working with
her at the slaughter house "Klaonica" in Novi Grad.
EVIDENCE: witness 424/95-32
4.4.17. The witness 55/95-19, born in 1934 in
Gornji Svilaj - Odzak, who was imprisoned in the prison camp in Odzak,
underlines that in the month of May 1992 he was taken out of the camp with another
four inmates and explains how the Croat soldiers were looting the property of
Serb in Gornji Svilaj.
"...The next day the five of us returned
to Gornji Svilaj, of course with their escort. They ordered us first of all to
break down the doors on the Serbian houses. Immediately after breaking down of
the doors on a house the Croat soldiers would enter the house to make a search,
allegedly looking for weapons, and would take away all the valuable objects,
jewelry, gold, money, and others..."
EVIDENCE: witness 55/95-19
The witness 55/95-25, born in 1930, from
Gornji Svilaj, confirmed the testimony of the witness 55/95-19.
4.5. BROD (Bosanski Brod)
Similar to the areas
of Brcko, Orasje and Odzak, in the places within the Municipality of Brod
(Bosanski Brod) behavior was observed in respect to Serbs pointing out at the
fact that the persecution of Serbs and especially the attempts to have them
relocate from their homes, has been planned long in advance.
The witness
593/94-35, who was during the year 1991 at responsible functions in the
Municipal Assembly of Bosanski Brod, described in detail the conditions under
which the Serbs were living on the eve of the last war. The witness stated the
following:
"Even during
the year 1991 the presence was felt of preparations among the Croat population
for the taking over of Bosanski Brod. This could especially be noticed because
in Slavonski Brod units of the HVO, HOS and green berets were formed. These
units started to send threats to the Serbian population living in the area of
Slavonski Brod. The threats were very often sent that all Serbs will be killed
and slaughtered and expelled from that area, claiming that there is no life for
Serbs in the territory of Croatia. For a time Serbs were prohibited from
crossing from Bosanski Brod to Slavonski Brod and on the posters placed in
certain locations it was written:
"NO PASSAGE FOR SERBS AND
DOGS"
The witness further
states:
"...From Croatia into the Serbian
villages in the area of Bosanski Brod and the vicinity people were infiltrated
with the intent to spread anxiety among Serbian population, to send
threats...At that time the columns of refugees from Pakrac and other refugees
from Slavonija were passing every day, and this was showing that the genocide
of Serbian people had already started..."
Finally, this
witness spoke of the event of March 3, 1992:
"...On March 3, 1992 seeing all the
preparatory actions taking place in the area of Bosanski Brod, I convened a
meeting which was attended by the representatives of the then-Government of
Bosnia and Herzegovina: Ejup Ganic, Dr. Nikola Koljevic, Jerko Doko, Avdo
Hebib, Petko Cancar and others. The Minister of Interior Mustafa Delimustafic
was also present and General Kukanjac...The conclusion was...that measures
should be undertaken to calm the situation down..."
However, immediately after this meeting the
witness was wounded while he was driving in his car, and was shot with two hits
in the shin of the left leg and one hit in the knee of the right leg, and the
attackers were members of HOS from Slavonski Brod.
The witness
explains:
"...That night I was post festum
informed that the HVO units from Croatia entered Bosanski Brdo and that they
have seized the city..."
EVIDENCE: witness 593/94-35
In connection with these events from early
March 1992 testimony was heard by the witness 162/96-4, having M.A. degree in
law, who was before the war employed at the Ministry of Interior of Bosnia and
Herzegovina and was an inspector there.
The witness testified before the
investigating judge of the Municipal Court of Sokolac on February 22, 1996 and
in connection with various circumstances, inter alia, confirmed the testimony
of the witness 593/94-35 in connection with the events between March 2 and 3,
1992. He testified about the role of Avdo Hebib, physician-psychologist by
profession, he was holding the post of the assistant chief of militia in the
Ministry of Interior Affairs (MUP) of Bosnia and Herzegovina, who was
considered to be one of the most extreme persons, insisting on fight against
the JNA (Yugoslav People’s Army) and "Chetniks", and who "disappeared
somewhere" during the meeting. He also testified that a group of some 200
members of HOS in black suits, was surrounding the hotel in which the witness
was staying and that the witness was, for a moment, in a direct danger of being
killed, and only by some good chance, as he explained, he remained alive.
EVIDENCE: witness 162/06-4
4.5.1. We shall state here several examples of
the attempts to conduct ethnic cleansing of the Serbian population in the area
of Brod.
Specifically, on March 26, 1992 strong Muslim
and Croat forces surrounded a part of the village of Sijekovac near Brod where
Serbs were living as a minority population in that village and on that occasion
a number of male Serbs were killed, as already stated hereinabove. On this
occasion the following persons were killed: ZECEVIC JOVO, his three sons
ZECEVIC MILAN, ZECEVIC VASA and ZECEVIC PETAR, also MILOSEVIC LUKA and his sons
MILOSEVIC ZELJKO and MILOSEVIC DRAGAN, TRIFUNOVIC SVETA and RADOVANOVIC MARKO.
On the said occasion further to the killing
of the innocent civilian population, several houses were set on fire, owned by
the members of Serbian nationality, and even those of Serbs killed, as was
already stated, in their own homes on March 22, 1992.
All these circumstances were explained during
the testimony of several eye-witnesses.
Thus, the witness 584/94-4, the wife of the
killed Zecevic Milan and the daughter-in-law of the killed Zecevic Jovan,
having previously testified to the killing of her husband and father-in-law
before the investigating judge of the Municipal Court of Derventa on November
23, 1994, stated the following:
"...The property that I owned was
plundered and taken away by the Croat soldiers and the house was mined and set
on fire. The house was size 10x10 meters and had one story with a large cellar.
Further to the house there was a garage and other auxiliary buildings. We owned
two passenger cars a "Mercedes 240 D" and a "Zastava 750",
one tractor "Ursuz" which was later found in front of the house of Causevic
"Medo" but not in running condition, and that tractor had all the
appliances, but they were not found. The value of all this property that we had
and which was looted was some 500,000 DEM, including the buildings and machines
on our property. I think that the value of all this is between 700,000 and
800,000 DEM.
I remained with two minor children without
anything at all and I am now living only from the Red Cross aid..."
EVIDENCE: witness 584/94-4
Before the investigating judge of the
Municipal Court of Derventa the testimony was given by the witness 584/94-2,
the wife of the killed Milosevic Luka. Having testified on the circumstances in
connection with the killing of her husband, she also stated, inter alia, the
following:
"...The house which was burnt down was
9x7 meters in size. Also the ground=floor auxiliary building was burnt down as
well as the pig-sty, garage and a car. The value of the house, auxiliary
buildings and the car is some 300,000 DEM. In the killing of my husband and
sons, and of the other neighbors whose names are stated, our neighbor a Muslim
Zemir Kovacevic from Sijekovac took part and i knew him from before. I
recognized him although he was masked and had a stocking over his face. The
other participants in this crime I could not recognize because they were well
masked..."
EVIDENCE: 584/94-2
The witness 584/94-1, wife of the killed
Sedlic Novak in the event described earlier in this report, stated the
following before the investigating judge:
"... After the house of Zecevic and
Milosevic family was surrounded, and the members of the household having hidden
themselves in the cellar, the soldiers entered the house of Zecevic family and
slaughtered Jovo Zecevic and his three sons Milan, Vaso and Petar...That same
evening, together with my husband Novak Sedlic, who was an invalid because his
right leg was broken, I went to my brother Milorad Brkovic. As I was nearing
his house, since there was no shooting, we came to the house very cautiously,
because there was no Croat army there. I went with my husband to my brother
because my house and the houses of Zecevic, Milosevic and a number of other
houses of other families in the immediate vicinity, were set on fire that
evening and destroyed. That evening the houses were also burnt down of the
families Trifunovic, Vasic, Kusljic and Sukurmi. I stayed with my husband in
the house of my brother Milorad Brkovic until April 8, 1992..."
EVIDENCE: 584/94-1
Perpetrators of the crimes: CAUSEVIC NIJAZ called "Medo", KOVACEVIC
ZEMIR from Sijekovac, and the other, at present, unidentified perpetrators.
EVIDENCE: 584/94-1, 584/94-2, 584/94-3, 584/94-4.
GENOCIDE
Article
141
Any person who, in the intent to fully or in
part annihilate a national, ethnic, racial or religious group, shall order
killing or serious body injuries or severe damage to the physical or mental
health of the members of a group, or forcible displacement of population, or
for a group to be reduced to such living conditions leading to a complete or
partial annihilation of such group, or shall order interim measures to be
imposed preventing procreation amongst the members of the group, or shall
execute compulsory relocation of children into some other group or any person
in the same intent, or who shall commit any of the stated acts, shall be
punished by no less than five years or 20 years of imprisonment.
This Article gives effect to the provisions
of the Geneva Convention Relative to Preventing and Prosecuting the Crime of
Genocide from the year 1948, ratified by the Federal People’s Republic of
Yugoslavia in 1950. The said provisions were in force during the years 1992 and
1993 and later on in the area of the former republic of Bosnia-Herzegovina
within the former Yugoslavia.
WAR CRIMES AGAINST CIVILIAN POPULATION
Article
142
1) Any person in violation of the
international law during the time of war, armed conflict or occupation, who
shall order or execute an attack on civilian population, settlements,
individual civil persons or persons unfit for fighting, which shall result in
death, serious body injury to body and health; attack at random, striking
civilian population; criminal acts including killing, torture or inhuman
treatment of civilian population, biological, medical or some other scientific
experiments on humans, taking of tissue or organs for purpose of
transplantation, causing great suffering or serious bodily injury to body and
health; unlawful forced deportation or forced de-nationalization or conversion
into another religion; forced compulsion to prostitution or rape; use of
measures of intimidation and terror, taking of hostages, collective punishment,
unlawful deportation to concentration camps and other unlawful confinement,
deprivation of right to a proper and fair trial; forced service in the armed
forces of the enemy force or in its intelligence services or administration;
forced labor, starvation of population, confiscation of properly, plunder of
property of population, unlawful and willful destruction or expropriation on a
large-scale of property not justified by military requirements, taking of
unlawful and disproportional large contribution and requisition, devaluation of
the value of local currency or unlawful issue of money, or any person
committing any of the above stated crimes shall be punished by not less than
five years or by 20 years of imprisonment.
2) Penalty from para. 1 of this
Article shall be pronounced on any person who in violation of the international
law during the time of war, armed conflict or occupation shall order: execution
of an attack on the buildings specially protected under international law and
buildings and structures containing dangerous substances such as the dams,
embankments and nuclear power plants; striking at random civilian targets which
are under special protection of the international law, undefended places and
de-militarized zones; a long-term and a large-scale destruction of environment
which may cause hazard to health or survival of population, or any person
committing any of these crimes.
3) Any person who shall, in violation
of the international law during the time of war, armed conflict or occupation,
as an occupier, order or commit displacement of part of his civilian population
into an occupied territory, shall be punished by a penalty of not less than
five year of imprisonment.
It is underlined here that the provisions of
this Penal Code are concordant with the Geneva Convention Relative to the
Protection of Civilian Persons in Times of War, of the year 1949 ratified by
the state of the Federal People’s Republic of Yugoslavia in 1950, and in view
of legality of its provisions in the area of the former Yugoslav Republic of
Bosnia-Herzegovina the same applies as stated in the provisions of Article 141
of the Penal Code of Yugoslavia.
WAR CRIMES AGAINST SICK AND WOUNDED
Article
143
Any person violating provisions of the
international law during war or armed conflict, who shall order against sick,
wounded, shipwrecked or medical or religious persons killing, torture, inhuman
treatment, biological, medical or some other scientific experiments, taking of
tissue or organs for purpose of transplantation, or who shall order infliction
of great sufferings to body and injuries to bodily integrity or health or shall
unlawfully and willfully order destruction or confiscation on a large-scale of
material, means of medical transport and stocks of medical institutions or
units which is not justified by military requirements, and who shall commit any
of the above stated crimes, shall be punished by a penalty of not less than
five years and a penalty of 20 years of imprisonment.
Provisions of this Article are concordant
with the Geneva Conventions: for the improvement of the status of sick and
wounded of the ground forces and for the improvement of the status of sick and
wounded and shipwrecked of the naval forces of 1949, which the state of the
Federal People’s Republic of Yugoslavia has ratified in the year 1950.
Regarding the validity of these provisions in
the territories of the former Yugoslav Republic of Bosnia-Herzegovina, they are
still applicable and are in force.
WAR CRIMES AGAINST PRISONERS OF WAR
Article
144
Any person violating rules of the international
law, who shall order against prisoners of war killing, torture, inhuman
behavior, biological, medical or some other scientific experiments, taking of
tissue or organs for purpose of transplantation, infliction of great sufferings
or injury to bodily integrity or health, forced service in the armed forces of
the enemy, deprivation of right to a correct and fair trial, or who shall
perpetrate any of the above stated crimes, shall be punished by a penalty of
not less than five year or 20 years of imprisonment.
Provisions of this Article are concordant
with the Geneva Convention on Prisoners of War of 1949 which the state of the
Federal People’s
Finally, it is pointed out that further in
this report we shall present the concrete crimes, perpetrators and victims of
these crimes, circumstance in which the said crimes were committed, and bearing
in mind the above stated provisions for the said crimes against humanity and
international law, it may be concluded what criminal acts concretely are in
question.
While speaking of some concrete crimes
committed in the areas of the
In this report the materials gathered so far
have been used and the evidence which is available in the Committee for
Gathering of Data on Crimes Committed Against Humanity and International Law in