02

Bombing of Residential Houses
in Towns and Villages

Surdulica

Kri. No.84/99

INVESTIGATION REPORT

Made on 27 April 1999 by the investigative judge of the Surdulica Municipal Court relating to the criminal bombing by the aggressor forces of NATO Alliance led by the United States of America, on the same day between 12.15 and 12.30 p.m., of the Yugoslav Army barracks in Surdulica and of some civilian houses in the close proximity of the Army barracks in Jovan Jovanović Zmaj Street in Surdulica, which caused the death of a large number of civilians due to the bombing of houses on the said street, as well as extensive material damage on civilian houses on the same street, and those located in Drinska Divizija Street, Jugoslovenska Street and other streets in the vicinity of the Army barracks, due to the detonation of about a dozen missiles dropped on the above facilities and to the fragmentation effect of the material from the hit facilities within the military barracks compound, which makes necessary the conduct of an investigation.

IN THE PRESENCE OF

Investigative judge Public Prosecutor

Dragiša Adžemović Desimir Zdravković

Forensic Technician

of the Department of the Interior in Surdulica

Stanimir Pavlović

The investigation started at 2.10 p.m.

I PRELIMINARY REMARKS AND INFORMATION

The Surdulica Department of the Interior service on duty, through its authorized officers, and on the basis of the information provided by the Service of this Court on duty which was established following the proclamation of the state of war in the Federal Republic of Yugoslavia by the Government of the Federal Republic of Yugoslavia because of the aggression of the "NATO Alliance" forces, led by the United States of America against the Federal Republic of Yugoslavia, informed the Investigation Section of this Court about 1.45 p.m. after the bombing of the Yugoslav Army barracks and of civilian houses on the afore-mentioned streets and those in the wider area around the military facilities, that the bombing of civilian houses on the said street caused the death of several persons. Also, that enormous material damage was inflicted due to the destruction caused by the bombing and that it is necessary to conduct an investigation. However, in view of the fact that the damage is extensive in a wider area around the Yugoslav Army barracks, and in order to complete the procedure more rapidly and efficiently, it is necessary that the investigation be conducted by at least three investigative judges and appropriate teams. This approach was approved by Public Prosecutor Desimir Zdravković and by the head of the Department of the Interior Dragan Stanković.

The President of the Court, acting at the same time in the capacity as an investigative judge, made sure that the investigation in the affected parts of the town be conducted by three judges, including the President of the Court, with the support of appropriate teams to be present during the investigation.

Information has been also received that appropriate measures have been taken by other municipal authorities, in particular by the crisis committee and the committee of the Municipality, to start urgently the clearing of the debris and the search for the victims of the bombing in Jovan Jovanović Zmaj Street, where a civilian house was hit and several civilians were killed as a result. Other necessary measures will also be taken.

II DESCRIPTION OF THE SCENE AND EVIDENCE INCLUDING
THE DESCRIPTION OF DAMAGE ON CIVILIAN FACILITIES - HOUSES
ON JUGOSLOVENSKA STREET FROM INTERSECTION WITH DRINSKA DIVIZIJA STREET RIGHT OPPOSITE TO THE ARMY BARRACKS MAIN ENTRANCE DOOR TO THE EAST WHERE THIS STREET CONVERGES
ON TOMA IVANOVIĆ STREET IN STOJAN STAMENKOVIĆ STREET
AND MIROLJUB STANKOVIĆ STREET IN SURDULICA

Upon the arrival of the investigative judge and Municipal Public Prosecutor Desimir Zdravković, and forensic technician of the Surdulica Department of the Interior Stanimir Pavlović, the investigative judge inspected Jugoslovenska Street from the intersection with Drinska Divizija Street to the east where it converges on Toma Ivanović Street. He noted large quantities of scattered rubble on the roadway. The rubble consists of stone blocks weighing 5 to 100 kg including brick, mortar and concrete segments reinforced with metal framework broken most probably as the result of the bombing of the Army barracks facilities and of ensuing detonation. He also noted that the roadway and pavement of this street are completely blocked by felled birch and poplar trunks which grew within the compound of the Army barracks close to the building razed to the ground. According to the available information the building housed a first-aid station- patient ward. As a consequence no traffic is possible on this street.

In addition to the above described roadway of the section of Jugoslovenska Street there are also approximately 4 m wide pavements viewed from the direction of west towards east, with no asphalt layer. They are located opposite the building used
as a patient ward within the Army barracks, which was completely demolished so that the passage is blocked. Along the left pavement concrete pillars carrying low-voltage cables were erected but it has been noted that the said low-voltage grid in this section
of the street has been completely demolished. The grid cables have been cut, as well
as those supplying electricity to private houses. At the time of the investigation the
teams on duty of the Electricity Company, Surdulica branch, began repairing damage and fixing the grid.

The investigative judge then proceeded to inspect marks and damage on civilian houses in the section of Jugoslovenska Street, north from the Army barracks. On the basis of his inspection he has noted on civilian houses the damage which will
be described below, outlining the most distinctive details. No estimate of the damage caused on each house will be made at this stage. It will be done subsequently by experts in civil engineering:

1. Jugoslovenska street

1. House No. 51, owned by MILO IGNJATOVIĆ, from Surdulica, has sustained the following damage caused by the bombing: completely destroyed roof of the building i.e. the rafters, laths and tiles, so that on the basis of this inspection it could be said that the building sustained extensive or total damage. The approximate surface of the house is 150 sq. meters.

2. House No. 53, owned by STOJAN PETKOVIĆ on the same street has sustained damage on the roof, i.e. broken tiles on the entire roof structure facing Jugoslovenska Street; broken all panes on two windows facing the street and completely demolished plastic blinds on all windows; pieces of concrete block and bricks of 2, 3 and even of 5 kg in weight in the backyard.

3. House No. 53A, owned by SLAVKO PETKOVIĆ on the same street has also sustained damage on the roof structure, such as broken tiles the number of which will be determined subsequently; the owner has been advised to report the exact number of damaged tiles to the investigative judge; cracked ceilings of the rooms in the house; doors blown out of their frames; smashed windows blown out of frames; all panes broken and plastic blinds torn with visible holes of different size caused by fragments of brick and similar material which fell into the backyard of the house after the bombing and detonation. The total space of houses Nos. 53 and 53A which are attached to each other is 210 sq. meters; the house at No.53A is a new building built of solid material.

4. House No. 55, owned by VASILIJE TASIĆ, sustained the following visible damage: the windows blown out of their frames and their panes broken, completely twisted blinds. The ground floor and upper floor of the house are built of solid material. This newly built house is practically completely demolished because it is located opposite to the above-mentioned patient ward within the compound of the Army barracks, which has been razed to the ground. The approximate surface of the building is 150 sq. meters.

5. House No. 57, owned by SLAVKO VELJKOVIĆ from Surdulica, is completely demolished because it is located just across the targeted patient ward within the compound of the Army barracks. According to the information available to the investigative judge those two completely destroyed houses sustained extensive damage also in the previous bombing of the Army barracks on 6 April 1999.

6. House No. 52, owned by VELJA MOMČILOVIĆ from Surdulica, has been totally demolished. This house consisting of the ground floor and the upper floor and built of solid material is situated in the close proximity of, and opposite to, the patient ward and first-aid station within the Army barracks compound. In its backyard there is a large quantity of rubble blown into it as a result of the blast within the compound of the barracks. The surface of the house is between 70 and 90 sq. meters.

7. House No. 61, property of DOBRIVOJE BOŠKOVIĆ, about 80 sq. meters, sustained large-scale damage since and has been completely destroyed. It is in close proximity of the bombed facility within the Army barracks compound, as is clearly visible from the direction of Jugoslovenska Street.

8. House No. 63, owned by BRANKO RADOJIČIĆ, approximate area of 240 sq. meters, built of solid material and consisting of the ground floor, upper floor and attic, has sustained the following damage: the roof has been completely destroyed so that not only the tiles have to be replaced but also some parts of the roof structure; all windows facing Jugoslovenska Street have been blown out of their frames; plastic blinds have been heavily damaged and blown out of place. The fragmented pieces of the material blown from the struck facility within the Army barracks compound damaged the facade of the house and the mortar fell off in places.

9. House No. 65 on the same street, owned by LJUBIŠA KOSTIĆ, has sustained the following damage: the roof is completely demolished, windows blown out of their frames; window panes broken. The approximate area of the house is 200 sq. meters.

10. House No. 65A, owned by ACA STANKOV, has sustained the following damage: the entrance door pulled out of frames; plastic blinds on the windows facing Jugoslovenska Street are completely deformed and blown out of their frames. This house consisting of the ground and upper floors has been built of solid material. The approximate area of the house is 150 sq. meters. The roof has also been damaged: tiles on its northern side have been broken by fragmented material from various targeted facilities within the Army barracks. According to a rough estimate about 100 tiles or more have to be replaced.

11. House No. 67, owned by SLOBODAN STANKOVIĆ, consisting of the ground floor and the upper floor, approximate area between 150 and 200 sq. meters, built recently of solid material, has sustained the following damage: windows have been blown out of their frames; all window panes broken; the entrance door on the upper floor distorted and blown out of its frame; on the east side of the house there are holes made by the blows of fragmented material which came from the facilities within the Army barracks compound; roof structure of the house has been extensively damaged because almost all tiles on the part of the roof facing Jugoslovenska Street have been broken.

In the backyard there is a "Zastava 101" car, registration plate No. VR 545-43, and its front windshield has been broken by fragments of material, concrete or bricks, blown up by the detonation within the barracks compound. The approximate area of this house is 120 sq. meters.

12. House No. 69, owned by VOJISLAV NAJDANOVIĆ from Surdulica, built recently of solid material, consisting of the ground floor, upper floor and a part of attic, sustained the following damage: the roof of the house has been completely destroyed since the tiles over the entire roof have been broken; plastic blinds on all windows both on the ground floor and upper floor facing Jugoslovenska Street have been blown out of their frames and distorted; the glass on all windows broken; visible cracks on the ceilings caused most probably by detonation. The approximate area of the house is 190 sq. meters. The ceiling damaged in rooms and in the bathroom. It has been noted that a part of the house is occupied by Branko Najdanovic, the son of Vojislav, i.e. the eastern wing of the house with separate entrance, which has also been damaged as described above.

13. House No. 71, owned by BRANKO BOŽILOVIĆ from Surdulica, recently built of solid material, approximate surface 160 sq. meters, sustained the following damage on the basis of observation: damaged roof, i.e. many tiles have been broken on the side of the roof facing Jugoslovenska Street; broken window panes; facade damaged by blows of fragments of the material from the facilities within the Army barracks compound dispersed all around. It has also been noted that plastic blinds on the windows have been blown out of place and completely demolished; the ceiling in the rooms and hall damaged; partial damage visible also on the northern side of the house.

14. House No. 72, owned by MILAN ARIZANOVIĆ, approximate area of 90 sq. meters, has been also built of solid material. The owner said that the bombing of the Army barracks facilities on 6 April 1999 caused only partial damage and broke some window glass. However, during the present inspection it has been noted that the bombing caused also the following damage: tiles on the roof structure broken; window frames blown out of place; the number of broken roof tiles could not be determined for reasons earlier stated in this report. Therefore, this owner and other affected owners have been advised to make a statement subsequently before the investigative judge of this Court and to report the exact number of the broken tiles.

15. House No. 73, owned by VLADA JANKOVIĆ and ŽIVKO JANKOVIĆ, consisting of the ground floor and built of solid material sustained the following damage: broken roof tiles; broken window glass; damaged ceilings in the living room, bedroom and other rooms. The area of the house occupied by Vlada Janković is approximately 60 sq. meters while the space of the house occupied by Živko Janković is approximately 55 sq. meters.

16. House No. 75 located on the said street, owned by SLAVOLJUB JANKOVIĆ, total area 60 sq. meters, sustained the following damage: ceiling and wall fissures inside the house; roof tiles partially broken and their number will be determined subsequently.

17. House No. 77, owned by LJUBOMIR MOMČILOVIĆ, consisting of the ground floor and upper floor, recently built of solid material, approximate area 180 sq. meters, sustained the following damage: broken tiles along the entire western side of the roof; blinds broken and blown out of their frames on the windows facing Jugoslovenska Street and opposite to the hit Army barracks facility. In addition, the following damage has also been noted on the house: main entrance door has been blown out of its frame and opaque glass broken.

18. House No. 79, owned by JOVAN ARIZANOVIĆ, from Surdulica, approximate area 240 sq. meters, built of solid material, consists of the ground and upper floor. The owner of the house said that 100 roof tiles have been broken.

19. House No. 104 on Jugoslovenska Street, owned by ZORAN ILIĆ, consists of the ground floor, upper floor and attic and is still under construction. It is the nearest house on the right-hand side of Jugoslovenska Street viewed from the direction of west towards east and is practically bordering on the Army barracks compound. It has sustained the following damage: tiles broken on the entire west side of the roof facing the Army barracks compound; windows on the same side blown out of their frames, broken window panes; some plastic blinds blown out of their frames on the ground and upper floor windows facing Jugoslovenska Street.

20. House No. 83, owned by SRETEN ARIZANOVIĆ, area 100 sq. meters, sustained damage in the form of broken glass on the doors and windows.

21. House No. 85, owned by MILORAD ARIZANOVIĆ, located on the left-hand side of Jugoslovenska Street, approximate area 150 sq. meters, recently built, consisting of the ground and upper floors. The owner was not at home but the investigative judge noticed at the main entrance door a piece of paper with lines, probably torn out of a notebook, with the following message: "I am at the place of my son-in-law in Žitoradja. We are all safe and sound".

The investigative judge has noticed the damage on the roof where a certain number of tiles have been broken and a relatively small number of broken window panes (four or five) on the upper floor. There was no other visible damage.

22. House No. 85 on the same street, owned by SIMO MIHAJLOVIĆ, has an approximate area of 250 sq. meters. The following damage has been noted: frames of the entrance door on the upper floor facing Jugoslovenska Street have been blown out; visible damage in the attic where the doors and plastic blinds have been blown out of their frames; damaged roof of an outbuilding in the backyard.

The roof structure has been also damaged since the tiles are broken, but the scope of the damage cannot be determined because the owner was not at home.

23. House No. 87, owned by BRANKO ARIZANOVIĆ, located in the same street, a ground floor house, built of solid material, approximate area 100 sq. meters, sustained the following damage as a result of the bombing: ceiling fissures inside the house; broken glass on the windows facing Jugoslovenska Street; plastic blinds blown out of their frames.

24. House No. 89 located in the same street, owned by VLADIMIR PETROVIĆ, approximate area 60 sq. meters. The following damage has been noted on the basis of inspection: plastic blinds on the upper floor facing Jugoslovenska Street blown out of their frames; about 50 roof tiles broken .

25. House sharing the same No. 89, attached to the previously described house and practically under the same roof, owned by VOJISLAV PETROVIĆ, built of solid material, sustained the following damage: the blinds on the two windows facing Jugoslovenska Street blown out of frames. The house is approximately of the same size as the previously mentioned house, about 60 sq. meters.

26. House No. 89 in Jugoslovenska Street owned by STOJAN PETROVIĆ, built recently of solid material, consisting of the ground and upper floors, sustained the following damage caused by the bombing: plastic blinds are twisted, broken and blown out of their frames on all windows facing Jugoslovenska Street; all panes on these windows have been broken; window frames damaged and partially blown out; some tiles on the roof structure facing Jugoslovenska Street have been broken. Approximate surface of this house is between 150 and 160 sq. meters.

27. House No. 112 on the same street, owned by VELJA DIMITROV, sustained the following damage: plastic blinds on the ground floor are deformed, torn down and blown out of the frames: fragments of rocks and bricks from the bombed facilities within the barracks compound have pierced some blinds; glass has been broken on all windows facing Jugoslovenska Street; "opaque" glass (60 cm x 30 cm) on the iron front door has been broken; wall on the western side has been damaged there is a puncture of 20 cm x 10 cm wide and almost 5 cm deep caused by the blow of a missile fragment or by a piece of concrete block or similar material following the detonation and fragmentation of the material from the barracks compound; the glass on the iron door in the basement is also broken; entrance door (2m x 0.40 m) on the upper floor is broken; bathroom door damaged; window frames in the bathroom and rooms are damaged and partly blown out. The approximate area of the house is 100 sq. meters.

28. House No. 108, owned by SLAVKO ILIĆ, sustained the following damage: about 20 30 tiles on the west side of the roof are broken; plastic blinds on doors and windows broken; window panes broken. Approximate area of the house is 120 sq. meters.

29. House with the same No. 108 as the previous one is the property of DRAGOLJUB ILIĆ. It is practically attached to the previous house and its space is approximately the same. It has sustained the following damage: approximately 20-30 roof tiles are damaged while the windows are partially blown out of place.

With reference to the marks and damage on the mentioned houses on Jugoslovenska Street the investigative judge notes in particular that during his on-site investigation he entered both into the backyards and into the houses where the owners were present; he did not enter into other houses where it was not possible to do so; the descriptions of the damage have been made on the basis of observation. He has noticed that in all inspected houses there is a large quantity of fragmented material scattered around after the bombing of the facilities within the Army barracks compound , also that there is a thick layer of dust and of other material which fell in the backyards and in other parts of the houses.

Furthermore, the investigative judge notes that there is no other damage either on the roadway or on the houses themselves on this street; he continued his observation of the damaged houses on Stojan Stamenković Tajko Street in Surdulica. That street is parallel with Jugoslovenska Street and is located to the north of it. The damage on civilian houses on that street could be clearly seen from Jugoslovenska Street because of the configuration of the ground.

II ESTABLISHED DAMAGE ON HOUSES AND OTHER OBJECTS
ON STOJAN STAMENKOVIĆ TRAJKO STREET

1. Coming from Jugoslovenska Street from the north to the house No. 40 on Stojan Stamenković Street owned by PAVLE ARIZANOVIĆ from Surdulica, the investigative judge has noticed on the lot of Slobodan Stojanović, nicknamed Džavorac, from Surdulica, a van painted red all over except the beige roof, parked with the front end facing Jugoslovenska Street. Its front windshield has recently been completely smashed. Inside the vehicle there are pieces of fragmented material from the bombed facilities similar to the material found in the backyards of the houses on Jugoslovenska Street. There is no doubt that the damage has been caused by the fragmented material coming from the bombed facility within the Army barracks compound .

The investigative judge learned from Pavle Arizanović that the van is owned by Zoran Arizanović from Stojan Stamenković Tajko Street, Surdulica.

2. During further observations on Stojan Stamentković Street from the house No. 40 owned by PAVLE ARIZANOVIĆ, from Surdulica, the investigative judge established, on the basis of the statement of the owner, that the approximate area of the house is 160 sq. meters; the house has the ground and upper floors, and it has been finished recently and built of solid material. The investigative judge has noted the following damage and marks on the house: on the northern side a window on the ground floor blown out of place; window blinds on the northern side have been also blown out of the frames; glass on the windows and doors broken; about 50 roof tiles are damaged by missile fragments or by material from the bombed facility within the Army barracks compound.

Near the house, in front of the garage which is on its northern side, the investigative judge has found a Zastava 101 passenger car, registration plates No. VR 11084, of red colour, partly covered by a tarpaulin. There are visible fresh marks on the left side of the car caused by missile fragments or by pieces of material fragmented by bombing. The left front door of the car has been broken.

3. House No. 109 on Stojan Stamenković Street, owned by DUŠAN MARINKOVIĆ. The investigative judge has established that its approximate surface is 150 sq. meters and that it has been damaged: broken panes on a window and smashed glass of 40 cm in diameter on a metal door.

4. House No. 36 on the same street, owned by PETAR LJUBISAVLJEVIĆ. The investigative judge has noted that its approximate area is 60 sq. meters and that it has been recently built of solid material. It has been further noted that two panes on a window (1.20 x 0.30 cm) have been broken on the ground floor. The investigative judge has also noted that 4 window panes (0.50 x 0.40 cm) have been broken on the upper floor on the northern side of the house.

The outbuilding of the owner in the backyard has also been damaged: glass has
been broken on a 1m x 0.50 m window; a wall damaged by a missile fragment or by a piece of material which came from the barracks compound and made a 0.20 x 0.10 m wide puncture.

5. House No. 34 on the same street is owned by DOBRIVOJE STOJKOVIĆ. The investigative judge has noted that its area is 60 sq. meters and that it has sustained damage: 60 tiles broken on the roof of the house; partially damaged roof on the outbuilding which is covered by salonite visible punctures (10) from 10 x 0.30 m to 0.40 x 0.20 m in diameter; window blinds on the upper floor completely deformed and blown out of the frames and glass on the same window broken; a 0.20 x 0.30 m shrapnel has been found on the window on the west side of the house which broke 0.30 x 2.60 m wide window pane; a bar of the metal fence has been damaged by the blow of an object or by a missile fragment that also hit the metal structure of the fence on the western side of the house.

6. House No. 30 on the same street, owned by BORA STANKOVIĆ, approximate area of 50 sq. meters, sustained damage: 100 tiles broken on the roof of an outbuilding; damaged tiles on the roof of the house built of solid material consisting of the ground and the upper floors; door and window frames of the house blown out.

7. House No. 28 owned by MILAN STANKOVIĆ, approximate area of 90 sq. meters, built recently of solid material, sustained damage on the southern part of the house facing Jugoslovenska Street: broken window panes; plastic blinds blown out of the window frames.

8. House No. 17, owned by SRETEN CVETKOVIĆ, located on the same street, consisting of the ground and upper floors, built in the past includes an auxiliary building used as a stable and also an outbuilding towards north used as a shed. The investigative judge has noted by observation that the roof structure of the shed is damaged, its rafters and tiles are completely destroyed by a blow of a fragment of material, i.e. of piece of reinforced concrete weighing about 50 kg, which probably came from some bombed and demolished facilities within the Army barracks because this piece is similar to the material found in Jugoslovenska Street.

9. House No. 24, owned by RADOSAV MILUTINOVIĆ from Surdulica, sustained damage: the roof structure of the house built of solid material in an early period 30 roof tiles broken on the northern part of the house; a part of the roof structure with gutter broken off probably by the blow of a piece of material which came from the bombed military facilities within the barracks compound. Since there was no one at home it was impossible to carry out inspection inside the house.

10. House No. 27 on the same street, owned by STOJAN JANKOVIĆ, built of
solid material, approximate area of 100120 sq. meters, sustained damage: about 100
roof tiles broken.

11. House No. 24 on the same street, owned by PAVLE STOJKOVIĆ sustained the following damage: 100 roof tiles broken.

12. On the house No. 22 on the same street, owned by RADISAV ILIĆ, the following damage has been noted: about 50 tiles broken on the northern side of the roof structure; damaged wall on the same side; windows blown out of the frames; blinds deformed; window panes broken; on the upper floor: window panes smashed and blinds broken and blown out of their frames. The house of approximate area of 200 sq. meters has been built recently.

13. House No. 20 on the same street, owned by MENKA RADOJKOV, built of solid material, consists of the ground floor and upper floors. The following damage has been noted: broken plastic window blinds; broken window panes; damaged roof structure of this house which is still under construction about 50 tiles broken. Approximate area of the house is 100 110 sq. meters.

14. House No. 21 owned by MILAN NIKOLIĆ and ZORAN PEJKOVIĆ. Noted damage: broken blinds and window panes on the upper floor; 100 roof tiles broken. Approximate area of the house is 100 sq. meters.

15. House No. 19 on the same street, owned by SLOBODAN DJORDJEVIĆ, built recently of solid material, consists of the ground floor and the upper floor. Established damage: completely demolished plastic blinds which have been blown out of their frames; smashed window panes; torn parts of the structure with punctures of different size; more than 100 roof tiles broken. Approximate area of the house is 200 sq. meters.

16. House No. 18 owned by BORIVOJE KOSTIĆ: damaged walls on the western side, probably by blows of the material from the barracks compound. A large quantity of scattered material originating from the targeted facilities within the barracks compound have been found on this street, not only in the backyards but also on the macadam roadway, including almost 2 m long pieces of rafters from the roofs on the facilities within the barracks compound, as well as pieces of reinforced concrete weighing up to 100 kg. The approximate distance between this house and the barracks is about 200 m.

17. House No. 16, owned by STANIŠA DIMITRIJEVIĆ, approximate area of 150 sq. meters. Established damage: partially damaged roof structure and about 100 roof tiles broken; windows and doors blown out of their frames. The house is of recent date and built up of solid material.

18. House No.7, owned by DUŠAN CVETKOVIĆ, approximate area of 100 sq. meters, built recently of solid material has sustained damage: visibly damaged windows facing the street, i.e. plastic blinds and window panes broken; up to 50 roof tiles broken; all window glass smashed.

19. House No. 4, owned by BORIVOJE IVANOVIĆ, approximate area of 100 sq. meters. The following marks and damage have been noted: demolished roof structure including broken tiles on all sides and all segments of the roof (rafters and laths); all windows smashed and blown out of their frames; plastic blinds broken; furniture in some premises of the house covered with tiles and plaster from the ceilings; a large quantity of material originating from the bombed facilities within the barracks compound; garage door broken and blown out of its frame. The investigative judge has been informed that the door was damaged (a hole in the door) in the first bombing which took place on 6 April 1999.

There are visible marks of damage on the facade of the house such as punctures in the mortar caused by the blows of the pieces of concrete and bricks as a result of the detonation and bombing of the facility within the barracks compound.

20. On the house No. 5, owned by MILAN DIMITRIJEVIĆ and MILORAD DIMITRIJEVIĆ, on the same street the following marks of damage have been noted: before entering into the backyard one can notice, next to Stojan Stamenković Street, that the metal fence has been broken by the blow of a piece of reinforced concrete, so that almost the entire 2 x 2 m wide panel of the fence has been put out of its place. It has been also noted by further observation that on the ground floor of the house owned by Milan Dimitrijević there are visible marks that the fence on the terrace is damaged by the blow of a piece of reinforced concrete weighing about 150 kg which has been found in the backyard; also that the said fence has been completely broken down and separated from the remaining part of the terrace fence. Windows have been completely blown out of their frames and blinds have been smashed on the ground floor, the upper floor and in the attic. All window panes have been smashed on the side of the house facing the street.

On the basis of the observation made from the southern side of the backyard it has been noted that there are visible marks of damage on the roof structure and the attic, such as broken tiles on the entire southern side of the roof. On the basis of the observation of the northern side of the house which is owned by Milorad Dimitrijević visible damage has been noted : blinds on all windows have been smashed and blown out of their frames. In front of the main entrance shared by both owners of the house, there is a 1.5 m long beam which probably fell from the roof of some facility within the barracks compound.

On coming into the attic through the premises of the house and the main entrance door and upon observation of the roof structure from the attic the following distinctive damage has been noted: a 2 x 1.5 m wide hole in the roof and completely smashed rafters and laths on that section of the roof probably caused by the blow of a piece of concrete fragmented from the bombed facility within the barracks compound. Cracks in the walls of the house are also visible on the facade. The approximate area of the house is 200 sq. meters.

21. On the house No. 12 on the same street, owned by STOJAN and DUŠKO STEVANOV, approximate area of 100 150 sq. meters, the investigative judge has noted the following damage: windows facing the street have been deformed and blown out of their frames; plastic blinds on the windows torn down; window panes broken; damaged gutter facing the street; roof structure totally demolished since all roof tiles have been broken. On the southern side of the house facing the Army barracks located in Jugoslovenska Street there are visible marks of damage on all windows of the house consisting of the ground floor, the upper floor and the attic and built of solid material, such as: windows blown out of their frames and all panes and glass broken. On the southern side, 5 meters away from the house there is a piece of reinforced concrete which made a 1 x 1m wide crater in the ground; since the ground was wet the piece of reinforced concrete of at least 50 kg in weight threw the earth and mud on the southern facade of the house. During the inspection, a room looking like a workshop has been found on the ground floor. The present co-owner Stojan Stevanov explained that this is a shoemaker's shop of his brother Dušan and that some tools and machines on the window on the southern side have been damaged.

In front of the house there is an Opel Kadet passenger car, registration plates VR 110-964, owned by Stojan Stevanov, of red colour, with fresh and visible marks of damage caused by the bombing of the mentioned facilities within the barracks and by the blow of pieces of the fragmented material from the barracks. The back windshield has been smashed and almost all parts of the body of the car are damaged, particularly the hood which is completely dented by concrete and brick fragments. The investigative judge has further noted a radial crack on the front windshield made of security glass; also a thick layer of dust and other material all over the vehicle most probably as a result of the blast and bombing of the facilities within the barracks compound. Approximate area of the house is 110 115 sq. meters.

Upon the inspection of the attic the investigative judge has noted a 5 x 5m wide hole on the roof with no laths, rafters and tiles on that roof section.

22. On the house No. 3 located in the same street, owned by BUDA STOILJKOVIĆ, the following damage has been noted: roof structure of the house facing the street has been extensively damaged, i.e. broken laths and tiles the number of which cannot be determined with certainty but at least 100 roof tiles have been broken; damaged and deformed plastic blinds on doors and windows since the doors and windows have been blown out of their frames; deformed metal garage door. Inside the house there are ceiling fissures in some rooms on the ground floor. The house covering the area of approximately 80100 sq. meters has been built of solid material.

23. On the house No. 10 on the said street, owned by MIROLJUB DIMITRIJEVIĆ, the investigative judge has noted that there are visible marks of damage on the facade, i.e. on the part of the house facing the Army barracks, in the form of punctures in the plaster probably caused by the blows of fragmented concrete, bricks or other material from the demolished facilities as a result of the bombing of the barracks compound. The windows on the ground floor are deformed due to partially blown out frames. Two pieces of concrete weighing about 100 kg have been found next to the house. The investigative judge has also established that the terrace fence on the upper floor has been damaged and that about 5080 roof tiles have been broken. The house covers the area of approximately 120 sq. meters.

24. House No. 1 is owned by MIODRAG STANKOVIĆ who was not at home at the time of the inspection. The investigative judge has noted the damage on the roof tiles but it has not been possible to determine the exact number of the broken tiles. The investigative judge could not get the information about the exact size of the house either.

25. On the house No. 6 , owned by MILIĆ STANKOVIĆ, the following damage has been established: in the backyard of the house the investigative judge has found a piece of concrete block weighing about 100 kg reinforced with 16mm thick wire, which made a 2 x 2 m wide crater on the ground throwing the mud on the facade of the house. The windows are deformed; blinds and window panes have been smashed; roof tiles are broken.

26. House No. 4, owned by IVAN NIKOLIĆ who was not at home at the time of inspection. The investigative judge has noted that the roof has been damaged; 150 roof tiles are broken.

27. House No. 2 on the same street, owned by BRANISLAV TOMIĆ who was not at home at the time of the inspection. The house consisting of the ground floor, the upper floor and the attic, covering the area of approximately 200 sq. meters, has been recently built of solid material. The investigative judge has noted that the blinds of so-called French windows have been damaged; also that the roof is partly damaged but the number of broken tiles could not be determined by observation from the street.

III DAMAGE ESTABLISHED ON MIROLJUB STANOJEVIĆ STREET

1. On the house No. 4 on Miroljub Stanojević Street, owned by DUŠKO MIHAJLOVIĆ, it has been noted that 200 roof tiles have been damaged; also that the blinds on the windows have been blown out of the frames and torn down, in particular on the northern side of the house; main entrance door broken; the plastic blinds on the southern side of the house are also damaged.

The investigative judge has noted that the owner repaired the roof partly before the inspection; the broken tiles were replaced, as confirmed to the investigative judge by the owner.

In the backyard the investigative judge has found a Zastava 750 passenger car of white colour, registration plates VR 30376, rather used. The body of the vehicle has been recently scratched and dented leaving marks of different shapes probably caused by the blows of fragmented material from the demolished facilities during the bombing of the barracks compound.

2. The house No. 8 on the same street, owned by SLOBODAN NIKOLIĆ, sustained the following damage: 100 tiles on the roof damaged; inside the house there are visible cracks on the ceilings in almost all rooms.

3. On the house No. 8 on the same street, owned by SLADJAN NIKOLIĆ from Surdulica, and attached to the previously described part of the house, the investigative judge has noted fissures on the ceilings in two rooms and in the kitchen; damaged plastic blinds which have been blown out of their frames; broken all window panes. The house covers the area of about 150 sq. meters.

During the on-site inspection by the investigative judge, the present forensic technician from the Department of the Interior in Surdulica, Stanimir Pavlović, photographed all civilian houses on the above indicated streets described in this report which have been damaged by the bombing of the Yugoslav Army barracks by criminal forces of the NATO Alliance, led by the United States of America as stated in the report of 27 April 1999. All the documentary evidence and other forensic documentation collected by the Department of the Interior in Surdulica constitute an integral part of this Investigation Report.

The investigative judge has also noted that all other statements to be made before the investigative judge who carried out this investigation, by civilians who may subsequently report the sustained damage as a result of the bombing but who were not at home at the time of the on-site investigation or who have not been included in this investigation, or by those who sustained bodily injuries as a result of the bombing, will constitute an integral part of this Report.

The investigation was concluded at 6.00 p.m.

IV OTHER INFORMATION

During the investigation and at the time of the arrival at the scene, the investigative judge received no information from authorized officers of the Department of the Interior in Surdulica on any injured civilians in the inspected houses on the indicated streets; during the investigation no civilian from those streets or from the streets nearby, has reported to the investigative judge that he/she had been injured as a result of the bombing of the Army barracks or of other civilian facilities on the said date.

In view of the conclusion contained in the previous information and confirmed in this Investigation Report that, because a large area has been affected by the bombing of the aggressor forces of the NATO Alliance led by the United States of America, on 27 April 1999, causing extensive damage on civilian facilities, as well as civilian casualties, it was not possible to conduct investigation by one investigative judge only. Consequently, the investigation has been conducted by three investigative judges. They included the President of the Court acting as investigative judge, who prepared this Investigation Report. However, although practically three investigation reports have been prepared under Nos. Kr.84, Kr.85 and Kr. 86/99, all these reports should be considered to be one integrated Investigation Report on the bombing referred to the above since the same event is covered by the reports.

The investigative judge, in cooperation with the members of the Department of the Interior in Surdulica has recommended that all civilians disposing of any information in respect of damaged civilian facilities or injuries should make statements either before the investigative judge who prepared this report or before other investigative judges who conducted the investigation. All these statements will constitute an integral part of the Investigation Report as pointed out above.

Investigative Judge

(sgd) Dragiša Adžemović

Kri. No. 85/99

INVESTIGATION REPORT

Made by the investigative judge in the Municipal Court of Surdulica on 27 April 1999 relating to the bombing of the town of Surdulica and some civilian residential areas by the aggressors of the NATO Alliance on the same day between 12.15 and 12.35 p.m. which caused extensive material damage: the destruction of several family houses and the damage on a large number of family houses, as well as the death of several persons, i.e. children, women and men

IN THE PRESENCE OF

Investigative judge Deputy District Public Prosecutor

MilČa Todorov Biljana Marinković

On behalf of the Municipal Department
of the Interior Surdulica

Dragoslav Ivanović,
Criminal investigation police officer

Milan Dimitrijević,
Criminal investigation police officer

Saša Stanković,
Criminal investigation technician, Secretariat of the Interior Vranje

The investigation started at 2.20 p.m.

On 27 April 1999, between 12.15 and 12.35 p.m. the town of Surdulica and several of its residential areas were bombed. The bombing caused extensive material damage and the death of persons. Therefore, several investigative judges conduct investigation in selected residential quarters. Investigative judge MilČa Todorov has undertaken to conduct the investigation in the residential quarter which includes the following streets: Zmaj Jova St, Branislav Nušić St, Drinska Divizija St, Jugoslovenska St. and 5 September St. Two other investigative judges of this court conducted investigation in other parts of the civilian residential areas in Surudulica which were bombed. They will make their own investigation reports marked with Kr. numbers. All reports concerning the conducted investigation in individual civilian residential areas which were bombed by the aggressor on the said day, will constitute one investigation report on the consequences of the bombing.

Prior to the beginning of the investigation in respect of the bombing, a number of strong explosions were heard in the town of Surdulica. Authorized services of the police in Surdulica and other authorized services have informed the investigative judge that several missiles fired by the aggressors have struck directly the house of the Milić family from Surdulica, No. 11 Zmaj Jova Street, and that all members of this family and several other persons lost their lives in the room used during the bombing as a shelter; that there were 20 persons in the said room in the basement and that only one of them survived with severe bodily injuries, who has been transported to the hospital in Surdulica for treatment; that this seriously injured person has been further taken to a hospital in Niš; that the rescue teams of the Civil Defence Headquarters from Surdulica, of the Surdulica fire brigade and of the Yugoslav Army in Surdulica, as well as a large number of residents of Surdulica immediately began to pull out the victims buried under the ruins of the said house destroyed in the bombing, and help survivors, if any.

It has been noted that at the time of the bombing of the town of Surdulica and the mentioned residential areas of this town, as well as at the time of the investigation, the weather was fine: these was no precipitation and it was sunny and partially cloudy.

The investigative judge carries out an investigation of the destroyed and damaged houses on Zmaj Jova Street beginning from the intersection of this street with Jugoslovenska Street, southwards; on Drinska Divizija Street beginning from the intersection of this street with Jugoslovenska Street southwards to the end of this street; on Branislav Nušić Street beginning from the intersection of this street with Drinska Divizija Street until the intersection with Vojvoda Mišić Street; and on 5 September Street from the intersection with Drinska Divizija Street to its end eastwards.

All houses on both sides of the above mentioned streets which will be described separately in this report have been recently built of solid material. They consist of ground floor, upper floor and attic while some of them have also basement and cellar. In the backyards of some family houses there are auxiliary buildings, as well as passenger cars and freight vehicles. All houses in the mentioned streets are damaged: those which have been closer to the place of the explosion sustained more extensive damage, those hit by missiles are completely demolished, while the houses not in the close proximity of the site of the explosion are also considerably damaged, so that almost all houses in the mentioned streets are uninhabitable. In some family houses furniture in some rooms has been damaged. All houses on the said streets have sustained damage: all window panes smashed; windows blown out of the frames; blinds broken; fissures on the walls; parts of houses collapsed, such as roof structures, concrete eaves and other parts of construction material. As it has been noted above, the house of the Milić family which was directly hit by missiles which exploded has been razed to the ground, as well as another house on the same street which is north of the house of the Milić family. The house in the same street opposite the house of the Milić family towards the west has been completely destroyed and almost all walls of the rooms on the upper floor and those of the ground floor have been blown out.

The investigative judge has started his investigation with the inspection of the damaged houses at the intersection of Zmaj Jova Street and Jugoslovenska Street on the right-hand side of Zmaj Jova Street southwards.

House No. 94 is on the very right corner of the intersection of the mentioned streets. The investigative judge has been informed that Stanko Mitić and Slaviša Mitić are co-owners and that each one owns a half of the house.

This house consisting of the ground and the upper floors has been recently built of solid material.

All glass on the windows is smashed or cracked, including the glass on the skylight.

The blinds are also broken.

Roof tiles of the house are moved apart almost on all parts of the entire roof structure.

House No. 12 on Zmaj Jova Street owned by Dragica KovaČević is located from this house southwards or on the right-hand side viewed from the mentioned intersection towards the south. This is a new house built of solid material. It has the ground floor and the upper floor.

All window glass is cracked or broken; all window blinds are distorted and broken; front door and the door of the garage within the house are damaged; parts of the doors are broken or torn down. Roof tiles are apart and a number of them fell to the ground and broke. Wooden covering of the eaves is damaged and broken. The house is almost uninhabitable.

House No. 14 owned by Slobodan Stojanović is located next to the previously described house on the same side of the street. This is also a new house consisting of the ground and the upper floors. The house has sustained extensive damage: all window panes are broken or cracked; front door and garage door are blown out of the frames; roof tiles are apart and partly broken.

House No. 16 owned by Dragiša Ivanović is farther away on the same side of the street . This is also a newly-built house of solid material.

This house has also been considerably damaged: all window panes are cracked or broken; blinds on the windows are distorted and broken; roof tiles are apart and some are broken. The part of the southern side of this house, owned by Leposava Ivanović, sustained the same damage like the part of the house owned by the mentioned Dragiša because it is a house with two entrances.

House No.18 owned by Stojimen Radulović is next to the previously described house on the same side of the street.

This house consisting also of the ground and upper floors has been built of solid material. It has sustained considerable damage: all window glass is cracked or broken; window blinds are torn down; front door and inside doors are blown out of place; walls are damaged with fissures; roof tiles are blown down and broken; roof structure is damaged; auxiliary buildings in the backyard are also damaged. Parts of construction material blown out during the bombing of the family houses are scattered along the mentioned street.

Two vehicles have been noticed in the backyard of this house: a passenger car, make Zastava 101, and a freight vehicle, make Raba, which are damaged. At the time of the investigation there were no registration plates on the vehicles which had probably fell off as a result of the blast caused by missile explosion.

House No. 22 owned by Miodrag Andjelković is farther down the street. This house is almost completely destroyed. Windows and doors have been blown out. There is almost no tile on the roof. The tiles and other parts of the roof structure have been blown away, broken by the blast and scattered around the backyard and on the street. There are fissures on the walls so that the house is uninhabitable.

This ground floor house of earlier date has been built of solid material. A vehicle, make Rega 100C, registration plates VR 873-85, has been found in the backyard of the house. The investigative judge has been informed that this vehicle is owned by Aleksandar Milić who lost his life in the bombing of his house, which will be described separately in this report. The vehicle is completely damaged and deformed. Almost all auxiliary buildings in the backyard of this house are either demolished or damaged and cannot be used .

On the same side of this street farther down towards south is a house bearing no number, owned by Stanko Milošević from Surdulica. This house is almost completely demolished: all windows and doors have been blown out; the roof is damaged and it has partly collapsed; there are fissures on some walls; glass on all windows is broken or cracked. There is a vehicle, make Opel Export, with no registration plates, in the backyard; the vehicle is almost completely damaged. The investigative judge has been informed that the owner of this vehicle is a person who was killed during the bombing in the basement of the Milić family house where he found shelter. The name of this person is Staniša Djordjević from Surdulica, whose body has been identified after forensic examination together with other bodies of the victims.

Farther away is the house of Stanko Ivanov bearing no number. The roof of this house has completely collapsed; all tiles have been blown away; windows are blown out; all window glass is broken. The house is uninhabitable like the previously described house.

This house, like the others is newly built of solid material. It has the ground and upper floors.

House No. 16 owned by Staniša StaniČić on the same street. This house is almost totally demolished: windows are blown out; all glass is broken; doors are damaged and broken; walls have fissures. This is also a newly built house of solid material; due to the sustained damage it is now uninhabitable.

The next house is the house No. 28 owned by Miodrag Mihajlović. It has sustained extensive damage: all windows are blown out of the frames and deformed; all glass is broken; entire roof is deformed; auxiliary buildings in the backyard have also been damaged. The furniture in this house is almost totally destroyed while all window blinds are broken and deformed.

On the same side of the street is the house No. 30 owned by Aleksandar Rašić. This is a new house which has the ground and upper floors. All glass on the windows is broken. All blinds are torn down and deformed. The tiles are moved apart on the entire roof structure.

Next to the above house in the same direction which marks the end of Zmaj Jova Street, because it is farther closed for traffic as a dead-end street, there is the house No. 37 owned by Ratko Ilić which belongs to Osma Srpska Brigada Street. This house is newly built of solid material. It consists of the ground and upper floors. It has sustained serious damage: all window glass is broken; window blinds are broken or damaged; roof is distorted; walls are cracked.

At the end of this street there is a house with no number, owned by Vasil Vasilev, which house makes Zmaj Jova Street a dead-end street. This house sustained considerable damage: all window panes are broken; blinds are torn down; tiles on the roof moved apart; front door damaged; fissures on walls.

During the investigation the investigative judge has inspected and described the houses on the left-hand side of the mentioned street viewed from the direction of north towards south from where the houses on the right-hand side were also viewed. Next to the house, i.e. of the above described property of the mentioned Vasil, is the house No.13 owned by Vidosav Djordjević. This is a new house built of solid material. All window glass is broken; roof tiles are moved apart; there are fissures on the walls.

Next in the row is the house No. 15 owned by Radosav Nešić which is also a new house. It sustained extensive damage: all window glass is cracked; roof tiles are moved apart and partly broken; there are fissures on walls. Next to this house is the house No. 17 owned by Srdjan Milovanović and Goran Milovanović with No. 9. This house consisting of the ground and upper floors is also new and built of solid material like the rest.

It sustained the following damage: all glass is broken; doors of the house have been blown out; furniture in some rooms is damaged or destroyed; windows on this house are damaged; the wall on the northern side of the house is considerably damaged with punctures.

On the left-hand side from the above mentioned house towards north is the house No.11 owned by Aleksandar Milić who lost his life in the bombing on the mentioned day while the house was razed to the ground. At the time of the investigation rescue teams were pulling out the bodies of the victims from the rubble and transported them to the mortuary within the Surdulica hospital for identification. The investigative judge has been informed on the scene that this house consisting of the basement-cellar, ground floor and the upper floor has been recently built of solid material, i.e. that this was a new house, which can also be concluded on the basis of the rubble and construction material.

Further information has been also provided that this house was struck by a missile during an air-raid and that all persons inside the house lost their lives and that their identity will be determined subsequently, after forensic examination.

No crater is visible in the ruins of the said house because it has been covered by segments of concrete slabs of the demolished house. Furthermore, no fragments of exploded missiles can be found around the destroyed house. But small fragments of missiles are visible on the street, to the south of this demolished house.

Information has been provided at the time of the investigation that all members of the Milić family were killed there. The clearing of the rubble of the house was continued during the following day in order to find more victims which may not have been pulled out of the rubble during the day in the wake of the bombing.

Next to the above described house razed to the ground is the house No. 7 owned by Dragi Stevanović which has been almost completely demolished. It was a new house built of solid material. Two vehicles in the backyard of the house have been almost completely damaged: Lada Riva, registration plates VR 891-45 and a vehicle Golf 1, registration plates VR 896-44.

Next is the house No. 5-a owned by Stanko Rašić and the attached house No. 5 owned by Dragiša Rašić. It is a house with two entrance doors. All window panes are broken; blinds are torn down; there are fissures on the walls; roof is distorted; furniture inside the house is damaged. This two entrance house is now uninhabitable.

Next to this house is the house No.3 owned by Vlastimir Milenković. This house is also newly built of solid material. It has sustained considerable damage: all glass on the windows is broken; roof is distorted; entrance door and the doors inside the house are blown out of the frames and deformed; all blinds are torn down.

On the same street is also the house No. 1 owned by Nenad Nikolić and Velibor Nikolić. This new house has also sustained extensive damage: windows are blown out; roof is distorted; auxiliary buildings in the backyard are damaged; there are fissures on the walls of the house and outbuildings; blinds are completely broken. This house damaged in the bombing is also uninhabitable and has to be repaired.

At the very corner of this street and Jugoslovenska Street there is the house No. 96 owned by Rade Stojković. It is also a new house built of solid material. It has been extensively damaged: all glass is broken or cracked; blinds are broken; doors are blown out; there are cracks on the walls; tiles on the roof are moved apart and partly broken.

During the investigation the following family house located on the right-hand side of Jugoslovenska Street from the intersection with Zmaj Jova Street viewed from the east, has been inspected. This is the house No. 98 owned by Čedomir Radenković, which is also new and built of solid material. It consists of the ground and upper floors. It sustained the following damage: all glass is broken; blinds are disjoint; walls are damaged; roof tiles moved apart and partly broken. The entire house must be repaired.

The next house, No. 100, owned by Kocan Marinković, has been also damaged: all panes on the windows are broken and roof tiles are moved apart. It is also a newly built house.

Next to this house in the same direction is the house No. 102 owned by Miroslav Marković and Stojan Marković. It is also a new house and built of solid material. This house consisting of the ground and upper floors has sustained extensive damage: all
glass on the windows is cracked or broken; blinds are broken; roof tiles are moved apart and partly broken.

Farther down in the same direction from this house is the house No. 104 which is at the very corner of Jugosloven