The Accused   Miroslav KVOCKA, born on 1 January 1957 in Maricka, Prijedor municipality, Bosnia and Herzegovina. Date of detention by SFOR: 8 April 1998. Transferred to ICTY: 9 April 1998. Initial appearance: 14 April 1998, pleaded "not guilty" to all counts. Judgement: 2 November 2001, sentenced to seven years' imprisonment Provisional Release: 19 December 2003 until 19 March 2004 and from 29 March 2004 Appeals Chamber Judgement: 28 February 2005, sentence confirmed Sentence served (Granted early release on the 30 March 2005)  Milojica KOS, born on 1 April 1963 in Lamovita, Prijedor municipality. Date of detention by SFOR: 28 May 1998. Transferred to ICTY: 29 May 1998. Initial appearance: 2 June 1998, pleaded "not guilty" to all counts. Judgement: 2 November 2001, sentenced to six years' imprisonment. Granted early release on 31 July 2002 Sentence served   Mladjo RADIC, born on 15 May 1952 in Lamovita, Prijedor municipality. Date of detention by SFOR: 8 April 1998. Transferred to ICTY: 9 April 1998. Initial appearance: 14 April 1998, pleaded "not guilty" to all counts. Judgement: 2 November 2001, sentenced to 20 years' imprisonment. Appeals Chamber Judgement: 28 February 2005, sentence confirmed Transferred to serve sentence in France: 15 November 2005   Zoran ZIGIC, born 20 September 1958 in Balte, Prijedor municipality. Voluntary surrender: 16 April 1998. Transferred to ICTY: 16 April 1998. Initial appearance: 20 April 1998, pleaded "not guilty" to all counts. Judgement: 2 November 2001, sentenced to 25 years' imprisonment. Appeals Chamber Judgement: 28 February 2005, sentence confirmed. Awaiting transfer   Dragoljub PRCAC, born on 18 July 1937 in the village of Omarska, Prijedor municipality, Bosnia and Herzegovina. Date of detention by SFOR: 5 March 2000. Transferred to ICTY: 5 March 2000. Initial appearance: 10 March 2000, pleaded "not guilty" to all counts. Judgement: 2 November 2001, sentenced to five years' imprisonment. Appeals Chamber Judgement: 28 February 2005, sentence confirmed. Sentence served

The Indictment ("Omarska & Keraterm Camps")

The original Indictment , confirmed on 9 November 1998, consolidated the charges against the four accused who were previously indicted in two separate Indictment s: Kvocka, Radic, Kos and Zigic from the Omarska camp Indictment (IT-95-4), confirmed on 13 February 1995, and Zigic from the Keraterm camp Indictment , confirmed on 21 July 1995 (IT-95-8).

Following the detention of Prcac, the Trial Chamber joined the trial of Prcac (IT-95-4) to that of Kvocka and others on 14 April 2000, under the case number IT-98-30/1.

On 26 October 2000, the Prosecution filed an Amended Indictment consolidating the Indictment s for the accused Prcac and Kvocka, Radic, Kos and Zigic in order to take into account the joinder of the cases against the five accused in a single case further to an order of the Trial Chamber dated 13 October 2000..

Factual allegations:
The Amended Indictment confirmed on 13 October 2000 alleges that between April and August 1992 Bosnian Serb authorities in the Prijedor municipality unlawfully segregated, detained and confined more than 6,000 Bosnian Muslims, Bosnian Croats and other non-Serbs from the Prijedor area of northwestern Bosnia and Herzegovina in the Omarska, Trnopolje and Keraterm Camps.
In the Omarska camp the detainees included military aged males and political, economic, social and intellectual leaders of the Bosnian Muslim and Bosnian Croat population. There were about 37 women detained in the camp. At Keraterm camp the majority of the detainees were military aged males. At Trnopolje camp the majority of detainees were Bosnian Muslim and Bosnian Croat women, children and the elderly.
It is alleged that living conditions at the Omarska and Keraterm camps were brutal and inhumane, interrogations were conducted on a daily basis and regularly accompanied by beatings and torture. Severe beatings, torture, killings, sexual assault and other forms of physical or psychological abuse were commonplace, with camp guards using all types of weapons and instruments to beat and otherwise physically abuse the detainees. At a minimum, hundreds of detainees, whose identities are known and unknown, did not survive.
It is alleged that the conditions at the Trnopolje camp were also abject and brutal. Both male and female detainees were killed, beaten and otherwise physically and psychologically maltreated. In addition, many of the women detainees were raped, sexually assaulted, or otherwise tortured.
Miroslav Kvocka was the first commander of the Omarska camp, becoming deputy commander in June 1992. As commander he was in a position of authority superior to everyone in the camp. As deputy commander, he was in a position of authority superior to everyone in the camp other than the camp commander.
It is alleged that Dragoljub Prcac replaced Miroslav Kvocka as deputy commander of the Omarska Camp in June 1992. As a deputy commander, he was in a position of authority superior to everyone in the camp other than the camp commander.
According to the Indictment , Milojica Kos and Mladjo Radic were appointed as two of the three shift commanders of guards at the Omarska camp. As shift commanders, and when present in the camp, the accused were in a position of superior authority to all camp personnel, other than the commander or deputy commander, and most visitors.
It is alleged that Zoran Zigic entered all three camps during the period of May to August 1992 for the purpose of abusing, beating, torturing and/or killing prisoners.

Charges
The Amended Indictment charges the accused as follows:

Miroslav Kvocka on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and on the basis of superior criminal responsibility (Article 7(3)) with:

Violations of the laws or customs of war (Article 3 – outrages upon personal dignity; murder; torture; cruel treatment) and
Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; inhumane acts; murder; torture).

Dragoljub Prcac on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and on the basis of superior criminal responsibility (Article 7 (3)), with:

Violations of the laws or customs of war (Article 3 – torture; cruel treatment; murder; outrages upon personal dignity), and
Crimes against humanity (Article 5 – persecutions on political, racial, or religious grounds; inhumane acts; murder; torture).

Milojica Kos on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and on the basis of superior criminal responsibility (Article 7(3)) with:

Violations of the laws or customs of war (Article 3 – outrages upon personal dignity; murder; torture; cruel treatment), and
Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; inhumane acts; murder; torture)

Mladjo Radic on the basis of individual criminal responsibility and on the basis of superior criminal responsibility (Article 7(3)) with:

Violations of the laws or customs of war (Article 3 – torture; outrages upon personal dignity; murder; cruel treatment), and
Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; inhumane acts; murder; rape; torture)

Zoran Zigic on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal), with:

Violations of the laws or customs of war (Article 3 – outrages upon personal dignity; murder; torture; cruel treatment), and
Crimes against humanity (Article 5 – persecutions on political, racial or religious grounds; inhumane acts; murder; torture).

Trial

The Kvocka et al. trial commenced on 28 February 2000 but adjourned on 6 March 2000, following the detention by SFOR of Dragoljub Prcac on 5 March 2000. The trial resumed on 2 May 2000, after the joinder of Prcac to the Kvocka and others case. The Prosecution-case-in-chief concluded on 6 October 2000.

Judgement of acquittal

On 6 November 2000, Radic, Kos, Zigic and Prcac (the latter three confidentially) filed motions for judgement of acquittal. A hearing on the matter was held on 28 November 2000.
On 15 December 2000, Trial Chamber I entered a judgement of acquittal in favour of the accused as follows:
(1) Kvocka, Kos, Radic and Prcac on those parts of the Indictment which concern the Keraterm and Trnopolje camps, noting that no evidence had been presented as to any role of the accused in these camps and that the list of victims of Kvocka, Kos, Radic and Prcac concern only prisoners confined in the Omarska camp;
(2) Kvocka, Kos, Radic, Zigic and Prcac on those parts of the Indictment which concerned nine individuals named in a confidential annex to the decision; and
(3) Zigic on those parts of the Indictment which concerned 10 individuals named in a confidential annex to the Decision relating to counts 1-3 and 11-14 of the Amended Indictment , and regarding the allegation of forced fellatio as far as it concerns the other victims mentioned in counts 6-7 and 11-14 of the Amended Indictment .
The Trial Chamber otherwise dismissed the motions for acquittal (see Judicial Supplement No. 21).

The Defence case commenced on 22 January 2001.The closing arguments were heard from 16 to 19 July 2001.

Trial days: 113
Witnesses called:
Prosecution: 51
Defence: Kvocka: 22; Kos: 4; Radic: 22; Zigic: 25; Prcac: 16
Exhibits:
Prosecution: 305
Defence: Kvocka 58; Kos:13; Radic: 35; Zigic: 32; Prcac: 46

Judgement

The Trial Chamber rendered its Judgement on 2 November 2001. (see Judicial Supplement No. 29).

Miroslav Kvocka: found guilty by virtue of his individual criminal responsibility on one count of crimes against humanity and two counts of violations of the laws or customs of war and sentenced to seven years’ imprisonment.
Dragoljub Prcac: found guilty by virtue of his individual criminal responsibility on 1 count of crimes against humanity and two counts of violations of the laws or customs of war and sentenced to five years’ imprisonment.
Milojica Kos: found guilty by virtue of his individual criminal responsibility on one count of crimes against humanity and two counts of violations of the laws or customs of war and sentenced to six years’ imprisonment.
Mladjo Radic: found guilty by virtue of his individual criminal responsibility on one count of crimes against humanity and three counts of violations of the laws or customs of war and sentenced to 20 years’ imprisonment.
Zoran Zigic: found guilty by virtue of his individual criminal responsibility on one count of crimes against humanity and three counts of violations of the laws or customs of war and sentenced to 25 years’ imprisonment. (see Press Release No. 631).

Trial Chamber I:
Judge Almiro Rodrigues, Portugal (Presiding)
Judge Fouad Riad, Egypt
Judge Patricia Wald, United States of America

Counsel for the Prosecution:
Ms. Susan Somers
Mr. Kapila Waidyaratne
Mr. Daniel Saxon

Counsel for the Defence:
For Mr. Kvocka:
Mr. Krstan Simic
For Mr. Kos:
Mr. Žarko Nikolic
For Mr. Radic:
Mr. Toma Fila
For Mr. Zigic:
Mr. Slobodan Stojanoic
For Mr. Prcac:
Mr. Jovan Simic

Appeal

Miroslav Kvocka filed a notice of appeal on 13 November 2001. Dragoljub Prcac and Mladjo Radic filed a notice of appeal against the Trial Chamber Judgement on 14 November 2001. Zoran Zigic and Milojica Kos filed a notice of appeal against the Trial Chamber Judgement on 15 and 16 November 2001 respectively.

On 14 May 2002, Milojica Kos withdrew his appeal from the Trial Chamber Judgement of 2 November 2001. He was granted early release on 31 July 2002.(see Press Release No 692).

On 17 December 2003, Miroslav Kvocka was granted provisional release pending hearing of his appeal. He was released on 19 December 2003. From 19 until 29 March 2004, Miroslav Kvocka remained in the custody of the Tribunal for his hearing on appeal which took place from 23 until 26 March 2004.

Appeals Chamber
Judge Mohamed Shahabuddeen (Presiding), Guyana
Judge Fausto Pocar, Italy
Judge Florence Mumba, Zambia
Judge Mehmet Güney, Turkey
Judge Inés Mónica Weinberg de Roca, Argentina

Counsel for the Prosecution
Mr. Norman Farrell

Counsel for the Defence :
For Miroslav Kvocka:
Mr. Krstan Simic
For Mlado Radic:
Mr. Toma Fila
For Zoran Zigic:
Mr. Slobodan Stojanovic
For Dragoljub Prcac:
Mr. Jovan Simic

APPEALS CHAMBER JUDGEMENT

Miroslav Kvocka filed a notice of appeal against the Trial Chamber judgement on 13 November 2001, Dragoljub Prcac and Mladjo Radic on 15 November 2001, and Zoran Zigic and Milojica Kos filed a notice of appeal on 16 November 2001. On 21 May 2002, Milojica Kos withdrew his appeal. He was granted early release on 31 July 2002 (see Press Release No 692).

On 17 December 2003, Miroslav Kvocka was granted provisional release pending hearing of his appeal. He was released on 19 December 2003. From 19 until 30 March 2004, Miroslav Kvocka remained in the custody of the Tribunal for his hearing on appeal which took place from 23 until 26 March 2004.

The Appeals Chamber rendered its judgement on 28 February 2005 and affirmed all sentences handed down by the Trial Chamber.

COMPLETION OF PROCEEDINGS

Dragoljub Prcac was released on 4 March 2005, having served his sentence in full.

Miroslav Kvocka was granted early release on the 30 March 2005 (see Press Release No. 955).

Credit was given for time served to Mladjo Radic since 8 April 1998 and Zoran Zigic since 16 April 1998.

On 15 November 2005, Mladjo Radic was transferred to serve his sentence in France.

Zoran Zigic is awaiting transfer to serve his sentence.