The Indictment ("Medak Pocket")

The two Indictments against Rahim Ademi and Mirko Norac (IT-01-46 and IT-04-76) were joined pursuant to a Decision of Trial Chamber I of 30 July 2004 confirming the Consolidated Indictment filed by the Prosecution with its 27 May 2004 Motion for Joinder (see Press Release No. 879).

Factual allegations:
The Indictment alleges that Rahim Ademi served in the Ministry of the Interior in Croatia from 1991. On 5 December 1992, he was appointed the Chief of Staff of the Gospic (Lika) Military District under the Command of Brigadier Izidor Cesnaj. In 1993, Brigadier Cesnaj was Commander of the Gospic Military District. In April or May 1993, following Brigadier Cesnaj being on sick leave, Rahim Ademi was appointed Acting Commander. This command he held throughout the Medak Pocket military operation, which occurred from 9 September 1993 to on or about 17 September 1993.

The Indictment alleges that in August 1990, Mirko Norac joined the Ministry of Interior. In September he joined the Lucko Anti-Terrorist Unit. He was appointed Commander of the 118th Brigade of the Croatian Army (“HV”) on 12 or 13 September 1991.
In November 1992, Mirko Norac was appointed Commander of the 6th Guards Brigade of the HV. The 6th Guards Brigade was renamed the 9th Guards Motorised Brigade in 1993. Mirko Norac remained Commander of the 9th Guards Motorised Brigade at the time of the Croatian military operation in the Medak Pocket. During this operation he was appointed Commander of Sector 1 – a combat group formed for the purposes of conducting the operation.

According to the Indictment, Rahim Ademi and Mirko Norac are individually responsible for the crimes charged against them pursuant to Article 7(1) of the Statute of the Tribunal. Mirko Norac is also, or alternatively, criminally responsible as a superior for the acts of his subordinates pursuant to Article 7(3) of the Statute of the Tribunal. By virtue of their high ranking position, the Indictment states that Rahim Ademi and Mirko Norac “had the power, authority and responsibility to prevent or punish serious violations of international humanitarian law committed during the Medak Pocket operation”.

According to the Indictment, the Medak Pocket was approximately five kilometers wide and six kilometers long and situated within the self-proclaimed “Republika Srpska Krajina”. Prior to the attack, approximately 400 Serb civilians inhabited the area. The Indictment alleges that the Croatian attack on the Medak Pocket commenced on 9 September 1993. After approximately two days of fighting, the Croatian forces comprising HV units from the Gospic Military District, including the 9th Guards Brigade, 111th Brigade, Gospic Home Guard Battalion, Lovinac Home Guard Battalion and units of Special Forces of the MUP had taken control of Divoselo, ^itluk, part of Pocitelj, after which the Croatian advance halted. The Indictment states that as a result of the Croatian military operation, “…the Medak Pocket became uninhabitable. The villages of the Pocket were completely destroyed, thereby depriving the Serbian civilian population of their homes and livelihood.”

According to the Indictment “before and during the Croatian military operation in the Medak Pocket, from 9 September to on or about 17 September 1993, Rahim Ademi and Mirko Norac, acting individually and/or in concert with others including Janko Bobetko, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of persecutions of Serb civilians of the Medak Pocket on racial, political or religious grounds.”

The Indictment alleges that the crime of persecutions was perpetrated through the following:

the unlawful killing of Serb civilians and captured and/or wounded soldiers from the Medak Pocket;
cruel and inhumane treatment of Serb civilians and captured and/or wounded soldiers from the Medak Pocket, by inter alia, causing serious injuries by means of shooting, stabbing, cutting of fingers, severe beatings with rifle butts, burning with cigarettes, jumping on bodies, tying bodies to a car and dragging them along the road, mutilation and other forms of mistreatment;
terrorising the predominantly Serb civilian population of the Medak Pocket by, inter alia, the mutilation and desecration of the body of Boja Pjevac; the public killing of Boja Vujnovic by burning her alive whilst mocking her; expressing an intention to kill all civilians; placing racist graffiti on buildings; and leaving sinister and menacing messages on a destroyed building, all of which resulted in the civilian population being forced to abandon their homes and property and to leave the area permanently;
the destruction of personal property belonging to Serb civilians of the Medak Pocket, in that on or after 9 September 1993, the Croatian forces in the area systematically destroyed up to 164 homes and approximately 148 other buildings;
the systematic plunder of Serb civilian property during and after the military operation in the Medak Pocket by elements of the Croatian forces, in conjunction with Croatian civilians.

Charges:
The Indictment charges Rahim Ademi and Mirko Norac on the basis of their individual criminal responsibility (Article 7(1) of the Statute) and on the basis of his criminal responsibility as a superior for the acts of their subordinates (Article 7(3) of the Statute) with:

One count of crimes against humanity (Article 5 of the Statute – persecutions on political racial or religious grounds), and
Two counts of violations of the laws or customs of war (Article 3 of the Statute –plunder of public or private property; wanton destruction of cities, towns or villages).

The Indictment charges Rahim Ademi and Mirko Norac on the basis of their criminal responsibility as a superior for the acts of their subordinates (Article 7(3) of the Statute) with:

One count of crimes against humanity (Article 5 of the Statute – murder), and
One count of violations of the laws or customs of war (Article 3 of the Statute – murder).

Two counts of crimes against humanity (Article 5 - persecutions on political, racial or religious grounds; murder)
Three counts of violations of the laws and customs of war (Article 3 - murder; plunder of public or private property; wanton destruction of cities, towns or villages).

Trial

The Ademi and Norac case is at the pre-trial stage. No date for the commencement of the trial has been set as yet.

Provisional release:
On 20 February 2002, the Trial Chamber granted Rahim Ademi’s Motion for Provisional Release filed on 14 December 2001. Rahim Ademi was released on 21 February 2002 (see Press Release No. 661).

Trial Chamber I:
Judge Liu Daqun, China (Presiding)
Judge Amin El Mahdi, Egypt
Judge Alphons Orie, Netherlands

Counsel for the Prosecution:
Mr. Mark Ierace

Counsel for the Defence:
Mr. Cedo Prodanovic for Rahim Ademi
Mr. Zeljko Olujic for Mirko Norac