STANKOVIC (IT-98-23/2)Case Information Sheet 7 October 2004
The Accused
Radovan STANKOVIC,
born on 10 March 1969 in Trebica, Municipality of Foca, Bosnia and Herzegovina.

Apprehended by SFOR: 9 July 2002
Transferred to ICTY: 10 July 2002
Initial Appearance: 12 July 2002, "not guilty" plea entered for all counts on the Indictment.
Further Appearance: 6 March 2003, no plea was entered
Further Appearance: 4 April 2003, “not guilty” plea entered for all added counts on the amended Indictment
Pre-trial stage

Gojko JANKOVIC
See case IT- 98-23/2

Dragan ZELENOVIC
See case IT- 98-23/2

The Indictment ("Foca")

The Original Indictment, confirmed on 26 June 1996, included seven other accused. Dragan Gagovic and Janko Janjic are deceased. The Prosecutor was subsequently granted leave to withdraw Gagovic from the Indictment on 30 July 1999.

Dragoljub Kunarac was severed from the original Indictment in an amended Indictment, confirmed on 19 August 1998. On 3 September 1999, a Second Amended Indictment was confirmed joining Dragoljub Kunarac and Radomir Kovac (IT-96-23).

An amended Indictment was confirmed against Dragan Zelenovic, Gojko Jankovic, Janko Janjic, Zoran Vukovic and Radovan Stankovic on 7 October 1999. Dragan Zelenovic and Gojko Jankovic remain at large, Janko Janjic is deceased, Radovan Stankovic has been arrested on 9 July 2002 and transferred to the Tribunal the next day (see Stankovic case information sheet, IT-96-23/2). Following the detention of Zoran Vukovic, a redacted Indictment was filed on 21 February 2000 containing only the factual allegations and charges against him (IT-96-23/1).

Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, were tried in a joint trial which commenced on 20 March 2000. On 22 February 2001, the Trial Chamber rendered its Judgement, convicting Dragoljub Kunarac to 28 years’ imprisonment, Radomir Kovac to 20 years’ imprisonment and Zoran Vukovic to 12 years’ imprisonment. The Appeals Chamber affirmed these sentences on 12 June 2002.

An amended Indictment against Radovan Stankovic was filed on 5 October 1999. The Prosecution filed a Motion Seeking Leave to Amend the Amended Indictment on 20 November 2002. The Trial Chamber granted leave to amend the Amended Indictment on 28 February 2003.

On 3 March 2003, the Prosecution filed a separate Indictment against Radovan Stankovic and on 8 December 2003, a Third Amended Indictment was filed on 8 December 2003 and confirmed on 24 February 2004..

Factual allegations:
The Second Amended Indictment against Radovan Stankovic was filed on 3 March 2003 following a Decision by the Trial Chamber of 28 February 2003. The Indictment alleges that on 8 April 1992 Serb forces launched a first military attack against the non-Serb population of the town of Foca. The take-over of the town was complete by 16 or 17 April 1992 and the surrounding villages continued to be under siege until mid-July 1992.

Once towns and villages were securely in their control, Serb military, police, paramilitary and sometimes Serb villagers started ransacking or burning Muslim houses and apartments and rounding up and capturing Muslims. The Indictment goes on to allege that some Muslims were beaten or killed in the process.

The Indictment alleges that Serb forces separated the non-Serb men from the women. The Foca Kazneno-Popravni Dom (“KP Dom”) was the primary detention facility for men in Foca. Muslim women, children and the elderly were detained in houses, apartments and motels in the town of Foca or in surrounding villages. There were also detainees at short and long-term detention centres such as Buk Bijela, Foca High School and Partizan Sports Hall. It is alleged that that the women and girls had to live in intolerably unhygienic conditions and that they were mistreated in many ways including, for many of them, being raped repeatedly.

According to the Indictment, some women and girls were taken out of the larger detention centres to privately owned apartments, such as ulica Osmana Djikica 16, Karaman’s house, or the house in Trnovace. They were forced to cook, clean and serve the residents, who were Serb soldiers. These women and girls were also subjected to repeated sexual assaults.

Radovan Stankovic was a soldier in the Miljevina Battalion of the Foca Tactical Brigade. The Miljevina Battalion was commanded by Pero Elez during the times relevant to the Indictment.

Charges:
The Indictment charges Radovan Stankovic on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) with:

Four counts of crimes against humanity (Article 5 – enslavement; rape) and
Four counts of violations of the laws or customs of war (Article 3 – rape; outrages upon personal dignity)

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

Counsel for the Prosecution:
Mr. Jan Wubben

Counsel for the Defence:
Mr. Milenko Radovic