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Source: ICTY
From May 24, 1992 to August 30, 1992, three thousand Bosnian Muslims and
Bosnian Croats were held under armed guard in what was previously a ceramics
factory and storage area complex in the former Yugoslavia. In this June 21,
1995 indictment, Dusko Sikirica, who was allegedly in charge of the camp, is
charged with violations of the laws and customs of war and crimes against
humanity. These charges relate to the alleged murder, rape and torture of
prisoners. Twelve individuals who are described as acting under Sikirica's
command are charged with the same crimes.
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
Dusko SIKIRICA a/k/a "Sikira"
Damir DOSEN a/k/a "Kajin"
Dragan FUSTAR a/k/a "Fustar"
Dragan KULUNDZIJA a/k/a "Kole"
Nenad BANOVIC a/k/a "Bani"
Predrag BANOVIC a/k/a "Cupo"
Nikica JANJIC
Dusan KNEZEVIC a/k/a "Duca"
Dragan KONDIC
Goran LAJIC
Dragomir SAPONJA
Nedeljko TIMARAC
Zoran ZIGIC a/k/a "Ziga"
INDICTMENT
Richard J. Goldstone, Prosecutor of the International Criminal Tribunal for
the former Yugoslavia, pursuant to his authority under Article 18 of the
Statute of the International Criminal Tribunal for the former Yugoslavia
(hereinafter "the Statute"), charges:
1. From about 24 May to about 30 August, 1992, Serb forces unlawfully seized
and confined more than 3,000 Bosnian Muslims and Bosnian Croats from the
opstina Prijedor, in the Republic of Bosnia-Herzegovina, in inhumane
conditions, under armed guard, in the Keraterm "camp", located in a former
ceramics factory and storage area complex located just outside the town of
Prijedor As set forth below, detainees at Keraterm camp were killed,
sexually assaulted, tortured, beaten, and otherwise subjected to cruel and
inhuman treatment
2. Unless otherwise specified, all acts and omissions set forth in this
indictment took place between 24 May and 30 August 1992.
3. At all times relevant to this indictment, a state of armed conflict and
partial occupation existed in the Republic of Bosnia-Herzegovina.
4. All acts or omissions set forth as grave breaches recognised by Article 2
of the Statute and violations of the laws or customs of war pursuant to
Article 3 of the Statute occurred during that armed conflict and partial
occupation.
5. All of the Bosnian Muslim and Bosnian Croat detainees at Keraterm camp,
and the Bosnian Muslims and Croats of the opstina Prijedor referred to in
this indictment were, at all relevant times, persons protected by the Geneva
Conventions of 1949.
6. All of the accused in this indictment were required to abide by the
mandate of the laws and customs governing the conduct of armed conflict,
including, the Geneva Conventions of 1949
7. In each paragraph charging torture, the acts were committed by, or at the
instigation of, or with the consent or acquiescence of, an official or
person acting in an official capacity, and for one or more of the following
purposes: to obtain information or a confession from the victim or a third
person; to punish the victim for an act the victim or a third person
committed or was suspected of having committed; to intimidate or coerce the
victim or a third person; and/or for any reason based upon discrimination of
any kind.
8. In each paragraph charging crimes against humanity, crimes recognised by
Article 5 of the Statute, the alleged acts or omissions were part of a
widespread or large-scale or systematic attack directed against a civilian
population.
9. The term "Serb" refers to persons of Serbian descent who were either
Bosnian citizens or citizens from any other part of the former Yugoslavia.
The Accused:
10. The persons accused in this indictment were commanders, guards,
interrogators, and others responsible for the conditions and mistreatment of
detainees in Keraterm camp.
10.1. Dusko SIKIRICA also known as (hereinafter a/k/a) "Sikira." Date and
place of birth (hereinafter DPOB): 23 March 1964, Cirkin Polje, Opstina
Prijedor, Bosnia-Herzegovina. Current address: Cirkin Polje. He was in
charge of Keraterm camp and was in a position of superior authority to
everyone else in the camp.
10.2. The following, three men were shift commanders who each supervised one
of the three shifts of guards that operated the camp. As shift commanders,
when on duty, they were in positions of superior authority to all persons
within the camp, second only to the camp commander.
(a) Damir DOSEN a/k/a "Kajin"
(b) Dragan FUSTAR a/k/a "Fustar" DPOB: 28 Mar. 1956, Prijedor,
Bosnia-Herzegovina. Current address: 1 May Street, No. 41, Prijedor.
(c) Dragan KULUNDZIJA a/k/a "Kole" DPOB: 31 July 1966, Gradina,
Bosnia-Herzegovina. Current address: Prijedor.
10.3. The accused listed below were among those who acted as guards or
interrogators in the Keraterm camp:
(a) Nenad BANOVIC a/k/a "Bani" DPOB: 28 Oct. 1969, Prijedor,
Bosnia-Herzegovina. Current address: Skender Kulenovic Street 31, Prijedor.
(b) Predrag BANOVIC a/k/a "Cupo" DPOB: 28 Oct. 1969, Prijedor,
Bosnia-Herzegovina. Current address: Skender Kulenovic Street 31, Prijedor
(c) Goran LAJIC
(d) Dragan KONDIC DPOB: 8 Dec. 1964, Jaruge, Bosnia-Herzegovina. Current
Address: JNA Street b.b., Prijedor.
10.4. In addition to the accused described above who regularly performed
duties in Keraterm camp, others frequently entered the camp and killed, beat
or otherwise abused detainees. while they were in the camp, they were
subject to the authority of Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and
Dragan KULUNDZIJA. Among those who entered the camp were the following:
(a) Nikica JANJIC
Current address: Donji Orlovci, Bosnia-Herzegovina
(c) Dragomir SAPONJA DPOB: 8 June 1965, Prijedor, Bosnia-Herzegovina.
Current address: Marsala Tita Street 56, Prijedor.
(d) Nedjeljko TIMARAC DPOB: 18 Apr. 1954, Donji Orlovci, Bosnia-Herzegovina.
Current address: Donji Orlovci.
(e) Zoran ZIGIC a/k/a "Ziga" DPOB: 20 Sept. 1958, Kozarac,
Bosnia-Herzegovina. Current address: Muharem Softic Street 16, Prijedor; or
Military Detention area, Banja Luka
11. Paragraphs 1 through 10 are re-alleged and incorporated into each of the
charges set forth below.
CHARGES:
I. GENOCIDE
ACCUSED: Dusko SIKIRICA
12. Dusko SIKIRICA, intending to destroy, in whole or in part, the Bosnian
Muslim and Bosnian Croat people as national, ethnic, or religious groups,
was complicit in committing GENOCIDE, a crime recognised by Article 4(3)(e)
of the Statute, by participating in, or being responsible for, the following
acts:
Count:
12.1. killing members of the groups from the opstina Prijedor in the
Keraterm camp (Art. 1(2)(a));
Count:
12.2. causing serious bodily or mental harm to members of the groups from
the opstina Prijedor in the Keraterm camp (Art. (2)(b)); and
Count:
12.3. deliberate infliction of conditions of life on members of the groups
from the opstina Prijedor in Keraterm camp, calculated to bring about their
physical destruction, in whole or part (Art. 1(2)(c)).
II. CRIMINAL RESPONSIBILITY IN THIS CAPACITY AS A SUPERIOR AUTHORITY
ACCUSED: Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR. and Dragan KULUNDZIJA
in their capacity as superiors
13.1. During, the operation of Keraterm camp, the vast majority of the
detainees were held in the Keraterm factory building, in what were
previously four storage areas, known as "room 1, room 2, room 3, and room
4." The overcrowded conditions in the rooms were extreme, to the extent that
on many occasions the detainees could not lie down. Facilities for personal
hygiene were all but non-existent. The toilet facilities were completely
inadequate, so that frequently the toilet area was awash in urine and feces.
The detainees were fed starvation rations once a day, with little time to
eat. The little water they received was ordinarily foul. Detainees had 110
changes of clothing and 110 bedding. They received little or no medical
care.
13.2. On a regular basis, camp guards and others who came to the camp to
abuse the detainees, all of whom were subordinate to Dusko SIKIRICA, Damir
DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA, subjected the detainees to
physical violence, constant humiliation, degradation, inhumane conditions,
and fear of death. Hundreds of detainees were killed by the guards and
others. Severe beatings were commonplace. All manner of weapons were used
during these beatings, including wooden batons, metal rods, baseball bats,
lengths of thick industrial cable that had metal balls affixed to the end,
rifle butts, and knives. The killings, beatings, sexual assaults, and other
cruel and humiliating actions were committed on every shift and were often
inflicted in full view of the other detainees. Many detainees, whose
identities are known and unknown, did not survive. The corpses of detainees
were piled next to a garbage area adjacent to room 4 prior to their removal
from the camp.
13.3. With respect to the acts described above and each act or omission
charged hereafter in this indictment, except those charges where one or more
of these accused is separately charged, Dusko SIKIRICA, Damir DOSEN, Dragan
FUSTAR, and Dragan KULUNDZIJA knew or had reason to know that persons in
positions of subordinate authority to them were about to commit those acts,
or had already committed those acts, and failed either to take the necessary
and reasonable steps to prevent those acts or to punish the perpetrators
after the acts had been committed.
13.4. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA are
criminally responsible for the killing, of Keraterm camp detainees by their
respective subordinates and others subject to their authority, including the
killings described in paragraphs 14, 15, 17 - 20, 24 and 25, and thereby
committed:
Count:
13.1.1. GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 1919 (hereinafter GRAVE
BREACHES), wilful killings, recognised by Articles 2(a) and 7(3) of the
Statute;
Count:
13.4.2. VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, murder, recognised by
Articles 3 and 7(3) of the Statute and by Article (3)(1)(a) of the Geneva
Conventions; and
Count:
13.1.3. CRIMES AGAINST HUMANITY, murder, recognised by Articles 5(a) and
7(3) of the Statute.
13.5. Dusko SIKIRICA is criminally responsible for the torture of Keraterm
detainees by his subordinates and others subject to his authority, including
those described in paragraphs 21, 22, and 30, and thereby committed:
Count:
13.5.1. a GRAVE BREACH, torture, recognised by Articles 2(b) and 7(3) of the
Statutes;
Count:
13.5.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, torture, recognised by
Articles 3 and 7(3) of the Statute and by Article (3)(1)(a) of the Geneva
Conventions: and
Count:
13.5.3. a CRIME AGAINST HUMANITY, torture, recognised by Articles 5(f) and
7(3) of the Statute.
Count:
13.6. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA are
criminally responsible for the wilful causing of great suffering to all the
Keraterm detainees, including those acts or omissions described in
paragraphs 14, 16, 19, 20, 23, 26 - 29, and 31 - 33, by their respective
subordinates and others subject to their authority and thereby committed
GRAVE BREACHES recognised by Articles 2(c) and 7(3) of the Statute.
Count:
13.7. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA are
criminally responsible for the commission of outrages upon the personal
dignity of all the Keraterm detainees, including those described in
paragraphs 14-33, by their respective subordinates and others subject to
their authority, and thereby committed VIOLATIONS OF THE LAWS OR CUSTOMS OF
WAR recognised by Articles 3 and 7(3) of the Statute and Article 3(1)(c) of
the Geneva Conventions.
Count:
13.8. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA are
criminally responsible for the acts of their respective subordinates and
others subject to their authority, who subjected the Bosnian Muslim and
Bosnian Croat detainees of Keraterm, including those described in paragraphs
14 - 33, to persecution on political, racial, and/or religious grounds, and
thereby committed a CRIME AGAINST HUMANITY recognised by Articles 5(h) and
7(3) of the Statute.
Count:
13.9. Dusko SIKIRICA, Damir DOSEN, Dragan FUSTAR, and Dragan KULUNDZIJA are
criminally responsible for the acts or omissions of their respective
subordinates and others subject to their authority, in subjecting the
detainees of Keraterm, including those described in paragraphs 14 - 33, to
inhumane acts and treatment, and thereby committed a CRIME AGAINST HUMANITY
recognised by Articles 5(i) and 7(3) of the Statute.
III. INDIVIDUAL CRIMINAL RESPONSIBILITY
ACCUSED: Dusko SIKIRICA: Damir DOSEN' Dragan FUSTAR; Dragan KULUNDZIJA;
Nenad BANOVIC; Predrag BANOVIC: Nikica JANJIC; Dusan KNEZEVIC; Dragan
KONDIC; Goran LAJIC; Dragomir SAPONJA; Nedjeljko TIMARAC; Zoran ZIGIC
14.1. About 20 July 1992, detainees from an area of the opstina Prijedor
known as "Brdo," which included the villages of Hambarine, Carakovo,
Rakovcani, Biscani, and Rizvanovici, were brought to Keraterm camp. The
detainees from the Brdo area were crowded into room 3. The previous
occupants of room 3, had earlier been transferred to other rooms.
14.2. About 24 July 1992, the detainees in room 3 were not allowed out of
the room. During the day and early evening,, machine guns were set up in
front of the rooms. That night soldiers were brought into the camp and
formed a semi circle around room
14.3. Later that night, the guards and soldiers, including Zoran ZIGIC,
began firing into the room with machine guns and heavy calibre guns. The
firing continued off and on over a period of several hours, alternating
between continuous fire and short bursts of fire. The fire was directed
toward room 3. However, some of the bullets went into at least one of the
other rooms. On that evening, Dragan KULUNDZIJA was the guard shift
commander. He gave orders that the other rooms were not to be fired on. He
gave no orders that room 3 was not to be fired on.
14.4. Dragan KULUNDZIJA, as guard shift commander, Zoran ZIGIC, and camp
guards and others whose identities are unknown, participated in the murder
of at least 140 men from the "Brdo" area detained in room 3, including:
Salko CRLJENKOVIC, Senad CRLJENKOVIC, Muharem SIKIRIC, Fahrudin AVDIC, Halid
ALISKOVIC, another man named Halid ALISKOVIC, Jusuf ALISKOVIC, Kasim FAZLIC,
Adem FAZLIC, Besim FAZLIC, Dzemal FAZLIC, Kemal FAZLIC, Hasan CRLJENKOVIC,
Muharem BEGOVIC, Nazmija BEGOVIC, Mirhad CAUSEVIC, Nihad CAUSEVIC, Suad
ZERIC, "Ita" ZERIC, Cazim MUJADZIC, Hasan MUJADZIC, "Kiba", Mehmed AVDIC,
Mehmedalija SIKIRIC, "Dzole" MEDIC, Nazmija ALISKOVIC, Emsud ALISKOVIC,
Sulejman DZAMASTAGIC, Ferid DZAMASTAGIC, Sefko DZAMASTAGIC, Sulejman
RAMCINOVIC, Karanfil ALISKOVIC, Mehmedalija KARDUMOVIC, Mustafa FAZLIC,
Hasan DZAMASTAGIC, a/k/a Sivi, Damir DZAMASTAGIC, Sejfo DZAMASTAGIC, Samir
KARDUMOVIC, Sakib KARDUMOVIC, Asmir KARDUMOVIC, Saud CAUSEVIC. Mirhad
DURATOVICI a/k/a Mita, Fahrudin AVDIC, Huzeir RAMULIC, Bego AVDIC, Smail
SIKIRIC, Ferid SIKIRIC a/k/a Eka, Fadil HAMULIC, and Fikret MEDIC a/k/a
Jovo. Dragan KULUNDZIJA, by being a superior responsible for the acts of his
subordinates and by direct participation, and Zoran ZIGIC [hereby committed:
Count:
14.4.1. a GRAVE BREACH, wilful killing, recognised by Articles 2(a) and 7(1)
of the Statute, and, with respect to Dragan KULUNDZIJA, also Article 7(3) of
Statute;
Count:
14.4.2. a VIOLATION OF THE LAWS AND CUSTOMS OF WAR, murder, recognised by
Articles 3 and 7(1) of the Statute, and with respect to Dragan KULUNDZIJA
also 7(3) of the Statute, and by Article 3(1)(a) of the Geneva Conventions;
and
Count:
14.4.3. a CRIME AGAINST HUMANITY, murder, recognised by Articles 5(a) and
7(1) of the Statute, and, with respect to Dragan KULUNDZIJA, also Article
7(3) of the Statute.
14.5. Dragan KULUNDZIJA, Zoran ZIGIC and camp guards, and others whose
identities are unknown, participated in wounding, by gunfire, approximately
50 men from the "Brdo" area detained in room 3, including: Safet
CRLJENKOVIC, Dervis CRLJENKOVIC, Ramo CRLJENKOVIC, and Alija HRAPIC. Dragan
KULUNDZIJA, as a superior responsible for the acts of his subordinates and
by direct participation, Zoran ZIGIC, and camp guards and others whose
identities are unknown thereby committed:
Count: 14.5.1. a GRAVE BREACH, wilfully causing great suffering or serious
injury to body or health, recognised by Articles 2(c) and 7(1) of the
Statute, and, with respect to Dragan KULUNDZIJA, also Article 7(3) of the
Statute;
Count:
14.5.2. a VIOLATION OF THE LAWS AND CUSTOMS OF WAR, cruel treatment,
recognised by Articles 3 and 7(1) and with respect to Dragan KULUNDZIJA also
7(3) of the Statute, and by Article 3(1)(a) of the Geneva Conventions; and
Count:
14.5.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Articles 5(i)
and 7(1) of the Statute, and, with respect to Dragan KULUNDZIJA, also
Article 7(3) of the Statute.
15. On or about 25 July 1992, the morning after the attack on room 3, Dusko
SIKIRICA was present with Dragan KUSTAR when FUSTAR told the surviving
detainees of room 3 that six detainees had escaped and that the organisers
of the escapes would be held responsible. Twenty detainees were then
selected, brought outside the room and summarily executed. By being
superiors responsible for the acts of their subordinates and by direct
participation in the killing of 20 detainees, Dusko SIKIRICA and Dragan
FUSTAR thereby committed:
Count:
15.1. a GRAVE BREACH, wilful killing, recognised by Articles 2(a), 7(1) and
7(3)of the Statute of the Tribunal;
Count:
15.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, murder, recognised by
Articles 3, 7(1) and 7(3) of the Statute of the Tribunal and by Article
(3)(1)(a) of the Geneva Conventions; and
Count:
15.3. a CRIME AGAINST HUMANITY, murder, recognised by Articles 5(a), 7(1)
and 7(3) of the Statute of the Tribunal.
16. Around 25 June 1992, a group of detainees including Redzep GRABIC were
frequently called out of room 2. Damir DOSEN, Dusan KNEZEVIC, Zoran ZIGIC
and others then severely beat the group of detainees from room 2 including
Redzep GRABIC with objects, including wooden clubs and metal bars. As a
result of the beatings, Redzep GRABIC lost consciousness. Damir DOSEN, by
being a superior responsible for [he acts of his subordinates and by direct
participation, Dusan KNEZEVIC and Zoran ZIGIC thereby committed:
Count:
16. 1. a GRAVE BREACH, great suffering, recognised by Articles 2(c), 7(1),
and, with respect to Damir DOSEN, also 7(3) of the Statute;
Count :
16.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, cruel treatment, recognised
by Articles 3, 7(1), and, with respect to Damir DOSEN, also 7(3) of the
Statute and by Article (3)(1)(a) of the Geneva Conventions; and
Count:
16.3. a CRIME AGAINST HUMANITY, inhumane acts, recognised by Articles 5(i),
7(1). and, with respect to Damir DOSEN, also 7(3)of the Statute.
17. During the middle of July, 1992, on one evening Besim HRGIC was called
out of room 4 and severely beaten by Predrag BANOVIC, Dusan KNEZEVIC, and
Nikica JANJIC. HRGIC died of the injuries received during that beating. By
their actions, Predrag BANOVIC, Dusan KNEZEVIC, and Nikica JANJIC thereby
committed:
Count:
17.1. a GRAVE BREACH, wilful killing, recognised by Article 2(a) of the
Statute.
Count:
17.2. a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, murder, recognised by
Article 3 of the Statute and by Article (3)(1)(a) of the Geneva Conventions;
and,
Count:
17.3. a CRIME AGAINST HUMANITY, murder, recognised by Article 5(a) of the
Statute.
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