FEDERAL REPUBLIC OF YUGOSLAVIA

Committee for Gathering Data on Crimes Committed

Against Humanity and International Law

BELGRADE

December 1997

 

 

 

 

 

 

 

 

 

 

 

 

GENOCIDE AGAINST SERBS

IN THE REGION OF BOSNIAN POSAVINA

(BRCKO, ORASJE, ODZAK AND BOSANSKI BROD)

1992 and 1993

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Belgrade, December 1997

 

 

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 MUNICIPALITY OF BRCKO..........

3.3.1.       Prison Camp in Rahic.....................

3.3.2.       Prison Camp in the Village of Ulice......

3.3.3.       Prison Camp in Zovik.....................

3.3.4.       Prison Camp in Maoca.....................

3.3.5.       Prison Camp in the Village of Boce.......

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:

  • willful killing of civilian population and prisoners of war, of Serb nationality,
  • detention of civilians population and prisoners of war, of Serb nationality, in camps, inhuman treatment, torture and killing,
  • ethnic cleansing.

 

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:

  • in the territory of the municipality of Brčko, in the form of attacks on civilian population (non-combatants, the elderly, women and children), including killings, infliction of bodily and mental injuries, detention in camps where they were subjected to cruel and inhuman treatment, torture and abuse, as well as destruction of villages, plunder and appropriation of property, burning of houses, churches, desecration of cemetaries, especially in the period from June to September 1992, in the villages of Bosanska Bijela, Bukovac, Bukvik, Vujičići, Gajevi, Lukavac, Vučilovac (in December) and Cerik. In the same region, during the assault of the Muslim and Croat units against the village of Bilište, in April 1993, a number of Serb combatants were captured and tortured and finally killed (the medical documentation - forensic reports - shows that the death of the Serbs - prisoners of war, resulted from decapitation with a stroke of a blade of a heavy mechanical instrument),
  • in the territory of the municipality of Orašje, in May 1992, the 106th brigade of the Croatian Defence Council (HVO) attacked the village of Bukova Greda, killing a large number of Serb civilians,
  • in the territory of the municipality of Odžak, in April, May and June 1992, during the attack on the villages of Donja Dubica, Jezero, Gornji Svilaj and Novi Grad, a number of Serb civilians were killed or wounded,
  • in the territory of the municipality of Bosanski Brod, in March and April 1992, during the attack on the village of Sijekovac, as well as in June 1992, during the attack on the village of Skela, a number of civilians, including children and minors, were killed.

 

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