The Prosecutor of the International Criminal Tribunal for the
former Yugoslavia, pursuant to her authority under Article 18 of the Statute
of the International Criminal Tribunal for the Former Yugoslavia (hereafter:
Statute of the Tribunal), charges:
- Enver HADZIHASANOVIC, son of Besim and Refija (née SARAJLIC),
was born on 7 July 1950 in Zvornik, municipality of Zvornik, Republic of Bosnia
and Herzegovina (hereafter: Bosnia and Herzegovina).
- Enver HADZIHASANOVIC is a former professional military officer of
the Yugoslav People’s Army (hereafter: JNA). He graduated from the Belgrade
Land Forces Military Academy in 1973 and was thereafter assigned to JNA posts
in Tuzla and Sarajevo. With the rank of Captain First Class he attended the
Staff Officer’s College in Belgrade. After completion, he was promoted to
the rank of Major and was assigned as the Commander of a Military Police battalion
within the Military Police of the 7th Army. In 1988, Enver HADZIHASANOVIC
was transferred to the post of Chief of Staff of the 49th Motorised
Brigade. Subsequently, this brigade was transformed into a mechanised brigade
and in late 1989, he was appointed as its commander. Whilst in this position,
Enver HADZIHASANOVIC achieved the rank of Lieutenant Colonel.
- In early April 1992, the JNA placed Enver HADZIHASANOVIC under house
arrest in Sarajevo. On 8 April 1992, he managed to escape and subsequently
deserted from the JNA. Immediately after leaving the JNA, Enver HADZIHASANOVIC
joined the Territorial Defence (hereafter: TO) of Bosnia and Herzegovina.
On 14 November 1992, Enver HADZIHASANOVIC was made the Commander
of the 3rd Corps of the Army of Bosnia and Herzegovina (hereafter:
ABiH). He retained this position until 1 November 1993, when he was promoted
to Chief of the Supreme Command Staff of the ABiH. In December 1993, Enver
HADZIHASANOVIC was further promoted to the rank of Brigadier General.
As such, he became a member of the Joint Command of the Army of the Federation
of Bosnia and Herzegovina. In May 1997, Enver HADZIHASANOVIC achieved
the rank of Division General. He was subsequently promoted to the rank of
Major General. Enver HADZIHASANOVIC retired in April 2000.
- Amir KUBURA, son of Nazif, was born on 4 March 1964 in Kakanj, municipality
of Kakanj, Bosnia and Herzegovina.
- Amir KUBURA is a former professional military officer of the JNA.
After completion of training at the Academy for Ground Forces, he served for
five years as an active military officer of the JNA in Dakovica. In 1992,
Amir KUBURA left the JNA with the rank of Captain.
- In 1992, Amir KUBURA joined the ABiH whilst it was being formed as
the Deputy Commander of a detachment in Kakanj. Later on, he was assigned
as the commander of an ABiH Mountain Battalion in the same area. On 11 December
1992, Amir KUBURA was posted as Assistant Chief of Staff for Operations
and Instruction Matters of the ABiH 3rd Corps 7th Muslim
Mountain Brigade. He became the ABiH 3rd Corps 7th Muslim
Mountain Brigade Chief of Staff on 1 January 1993. From 1 April 1993 to 20
July 1993, Amir KUBURA acted as the substitute for Asim KORICIC, the
then assigned ABiH 3rd Corps 7th Muslim Mountain Brigade
Commander who was absent during this period. On 21 July 1993, he was appointed
Commander of the ABiH 3rd Corps 7th Muslim Mountain
Brigade. On 16 March 1994, holding the rank of Colonel, Amir KUBURA
was made ABiH 1st Corps 1st Muslim Mountain Brigade
Commander. He was named as the ABiH 4th Corps 443rd
Brigade Commander on 16 December 1995. In June 1999, Amir KUBURA served
in the Command of the ABiH 1st Corps.
GENERAL ALLEGATIONS:
- All acts and omissions alleged in this indictment occurred between January
1993 and 16 March 1994 in the territory of Bosnia and Herzegovina.
- At all times relevant to this indictment, an armed conflict existed in the
territory of Bosnia and Herzegovina.
- At all times relevant to this indictment, Enver HADZIHASANOVIC and
Amir KUBURA were required to abide by the laws and customs governing
the conduct of armed conflicts, including the Geneva Conventions of 1949 and
the Additional Protocols thereto. Furthermore, Enver HADZIHASANOVIC and
Amir KUBURA were responsible for ensuring that military units under
their command and effective control respected and applied these rules of international
law. Moreover, Enver HADZIHASANOVIC and Amir KUBURA were obliged
by superior order to initiate proceedings for legal sanctions against individuals
under their command and effective control who had violated the international
law of war.
- Enver HADZIHASANOVIC and Amir KUBURA, while holding the positions
set out in the preceding paragraphs, are criminally responsible for the acts
of their subordinates, pursuant to Article 7(3) of the Statute of the Tribunal.
A superior is responsible for the acts of his subordinate(s) if he knew or
had reason to know that his subordinate(s) were about to commit such acts
or had done so and the superior failed to take the necessary and reasonable
measures to prevent such acts or to punish the perpetrators thereof.
BACKGROUND:
- On 23 August 1992, the Presidency of Bosnia and Herzegovina issued an order
on the adoption of the "Rules of the International Laws of War by the Armed
Forces of Bosnia and Herzegovina". This order came into force on 5 September
1992. The order stipulated the following:
- All unit commanders and individual members of the Armed Forces were responsible
for putting the rules into practice;
- Senior officers were to take steps prescribed in the rules against anyone
who breached the laws;
- All members of the Armed Forces were to undergo training in order to familiarise
themselves with the rules;
- The planning and preparation of military actions by the Armed Forces were
to comply with the rules and laws.
- On 1 August 1992, a law on service in the ABiH was introduced via Presidential
Decree. Under the law, non-Bosnian citizens were allowed to join the ABiH
and be promoted during times of war. On 14 April 1993, again by Presidential
Decree, amendments were made to the law on Service in the ABiH allowing non-Bosnian
citizens to be promoted to Superior Officer ranks during times of war.
- On 18 August 1992, the President of the Presidency of Bosnia and Herzegovina
made a "Decision on the Establishment of the ABiH Corps". The document outlines
the division of Bosnia and Herzegovina into five military areas of responsibility
known as Corps and defines the municipalities, which fall within each Corps.
Based on this decision, the ABiH 3rd Corps with its Headquarters
was established in Banja Luka - however Zenica was listed and used as temporary
ABiH 3rd Corps Headquarters.
- The following municipalities were listed under the ABiH 3rd Corps
area of responsibility: Banja Luka, Bosanska Dubica, Bosanska Gradiska, Bugojno,
Busovaca, Celinac, Donji Vakuf, Gornji Vakuf, Jajce, Kakanj, Kotor Varos,
Kupres, Laktasi, Mrkonjic Grad, Novi Travnik, Prnjavor, Skender Vakuf, Srbac,
Sipovo, Travnik, Vitez, Zavidovici, Zenica, and Zepce.
- On 9 November 1992, the ABiH Chief of the General Staff issued an order
for the creation of specific types of units within ABiH 3rd Corps
allowing for the various TO units and headquarters to merge.
- On 19 November 1992, the 7th Muslim Mountain Brigade was formed
with its Brigade Headquarters located in Zenica. The 7th Muslim
Mountain Brigade was created and used as an infantry manoeuvre unit, consisting
of three battalions which were located in Travnik (1st Battalion),
Zenica (2nd Battalion) and Kakanj (3rd Battalion).
- The ABiH 3rd Corps 7th Muslim Mountain Brigade was
an all-Muslim unit. Soldiers within this unit were required to strictly adhere
to Islamic beliefs. Recruits had to swear an oath, which included that they
would follow the example of a proper Muslim soldier as set out in the booklet
titled "Instructions to the Muslim Fighter". The "Instructions to the Muslim
Fighter" was initially published in 1993 and subsequently 20,000 copies were
distributed within the ABiH 3rd Corps’ area of responsibility.
Further publications of the booklet were made in 1994. The booklet contains
the following headings and commentary:
- Subordination: "A Muslim fighter primarily takes orders from the supreme
commander and only then from his superior officer".
- War Booty: "… it is clear that a fifth of war booty shall fall to the
State treasury and the other four-fifth belong to the soldiers. However,
in situations where the soldiers receive pay and in which the State has
assumed the obligation to care for the soldiers and their families … all
war booty shall be placed at the disposal of the State ... Because of this
the most proper way for the State to dispose of war booty is through its
army officers".
- Prisoners of war: "… the killing of women, children and priests who do
not participate at all in the war and who do not directly or indirectly
assist the enemy, is forbidden … Islam likewise forbids the torture and
brutalisation of prisoners of war and the mutilation of enemy wounded and
dead … These are general rules which are binding for our soldiers. However,
if the commanding officer assesses that the situation and the general interest
demand a different course of action, then the soldiers are duty-bound to
obey their commanding officer. For instance, if their officer or a higher
commander assesses that in the interests of defence, the protection of his
own people or higher goals it is best to set fire to certain buildings,
crops or woods, then this is permitted ... It is also left to the military
command’s discretion to decide whether it is more useful or in the general
interest to free, exchange or liquidate enemy prisoners of war".
- Foreign Muslim fighters, who referred to themselves as "Mujahedin" or "Holy
Warriors", began arriving in Bosnia and Herzegovina sometime during the middle
of 1992. The "Mujahedin", who were principally from Islamic countries, were
prepared to conduct a "Jihad" or "Holy War" in Bosnia and Herzegovina against
the enemies of the Bosnian Muslims.
- After its formation on 19 November 1992, the 7th Muslim Mountain
Brigade incorporated and subordinated "Mujahedin" within its structure.
- The "Mujahedin" were heavily involved in the 7th Muslim Mountain
Brigade’s combat activities and frequently spearheaded its operations.
- On 13 August 1993, the Commander of the ABiH Supreme Command Staff ordered
the establishment within the ABiH 3rd Corps area of responsibility
of the "El Mujahed" unit comprised of foreign volunteers, with immediate effect,
but not later than 31 August 1993. This unit was subordinated to Enver
HADZIHASANOVIC, who ordered its subordination to units under his command
for specific combat operations.
- By order of Enver HADZIHASANOVIC on 8 March 1993, the following four
OGs were created within ABiH 3rd Corps: OG "Lasva" with its Headquarters
in Kakanj; OG "Zapad" with its Headquarters in Bugojno; OG "Bosna" with its
Headquarters in Zavidovici and OG "Bosanska Krajina" with its Headquarters
in Travnik.
- With its formation, Mehmed ALAGIC was appointed as the commander
of the OG "Bosanska Krajina".
- On 8 March 1993, the 7th Muslim Mountain Brigade, the 17th
Krajina Mountain Brigade, the 305th Mountain Brigade Jajce, the
27th Motorised Brigade and the Municipal Defence Headquarter Jajce
with its units were placed under the command of the OG "Bosanska Krajina".
On or around 16 April 1993, the 306th Mountain Brigade, the 308th
Mountain Brigade, and the 312th Mountain Brigade were also attached
to the OG "Bosanska Krajina". On or about 12 July 1993, the 7th
Muslim Mountain Brigade was re-subordinated under immediate command of the
ABiH 3rd Corps as it was prior to 8 March 1993.
- At all times relevant to this indictment, the 301st Mountain
Brigade Zenica, the 303rd Brigade Zenica, the 314th
Mountain Brigade Zenica, the Municipal Defence Headquarters Zenica with its
units and all staff units of the Corps were under the direct subordination
of the ABiH 3rd Corps.
CHARGES:
- In 1993 (and until 18 March 1994), the ABiH participated in an armed conflict
with the Croatian Defence Council (hereafter: HVO) and the Army of the Republic
of Croatia (hereafter: HV). In particular, in April 1993 and in early summer
1993, ABiH 3rd Corps units launched a series of heavy attacks against
the HVO including, but not limited to, the municipalities of Bugojno, Busovaca,
Kakanj, Maglaj, Novi Travnik, Travnik, Vares, Vitez, Zavidovici, Zenica and
Zepce. The ABiH operations culminated in a massive attack between 7 and 13
June 1993 within, inter alia, the municipalities of Kakanj, Travnik
and Zenica.
- Within the municipalities listed in paragraph 26) ABiH 3rd Corps
units attacked towns and villages mainly inhabited by Bosnian Croats. Predominately
Bosnian Croat but also Bosnian Serb civilians, including women, children,
the elderly, and the infirm, were subjected to wilful killings and serious
injury. In the course of, or after the attacks, at least 200 Bosnian Croat
and Bosnian Serb civilians were killed and many more were wounded
or harmed while attempting to hide or escape. In several instances, ABiH forces
killed HVO troops after their surrender.
- Mainly Bosnian Croats, but also Bosnian Serbs, were unlawfully imprisoned
and otherwise detained in ABiH detention facilities. Imprisoned and otherwise
detained Bosnian Croats and Bosnian Serbs were killed and beaten, subjected
to physical and/or psychological abuse, intimidation and inhuman treatment,
including being confined in overcrowded and unsanitary conditions, and suffered
inhumane deprivations of basic necessities, such as adequate food, water and
clothing. They were provided little or no medical attention.
- ABiH forces plundered and destroyed Bosnian Croat and Bosnian Serb property
with no military justification. Mainly Bosnian Croat, but also Bosnian Serb
dwellings and buildings, as well as civilian personal property and livestock,
were destroyed or severely damaged. In addition, Bosnian Croat buildings,
sites and institutions dedicated to religion were targeted for destruction
or otherwise damaged or violated.
- The allegations contained in paragraphs 1) through 10) as well as the allegations
in paragraphs 26) through 29) are re-alleged and incorporated in each charge.
INDIVIDUAL CRIMINAL RESPONSIBILITY:
Enver HADZIHASANOVIC:
- At the time Enver HADZIHASANOVIC took over the command of the ABiH
3rd Corps, he was experienced in exercising command and effective
control over military units. Furthermore, Enver HADZIHASANOVIC was
specifically trained in military disciplinary procedures.
- In following the common practice of the ABiH to use a variety of regulations
and instructions of the former JNA, Enver HADZIHASANOVIC by virtue
of his authority and duties as a commander, was, inter alia, responsible
for the preparation of the corps for armed combat in the field, including
the planning of the operations and other forms of combat actions, transmitting
the decision to subordinated commands and controlling its implementation.
- At all times relevant to the charges in this indictment, Enver HADZIHASANOVIC,
by virtue of his position and authority as Corps commander, directly or
through his Chief of Staff, his assistants, heads of branches, and other officers,
commanded all units of the ABiH 3rd Corps and units that were operating
within his command and effective control. These units include the units described
in paragraphs 15) to 25). Enver HADZIHASANOVIC demonstrated or exercised
both formal de iure and de facto power by his command and effective control
in military matters in a manner consistent with the exercise of superior authority
in a variety of ways, such as: issuing orders, instructions and directives
to the units subordinated to ABiH 3rd Corps, ensuring the implementation
of these orders, instructions and directives and bearing full responsibility
for their completion, deploying troops, artillery and other units under his
command and effective control and planning the preparation and implementation
of military operations performed by these units. Furthermore, Enver HADZIHASANOVIC
ensured that he had permanent and current information on all matters that
happened on the ground, including minor incidents, communicating with the
ABiH Supreme Command Staff on an almost daily basis. He was responsible for
implementing the orders of the ABiH Supreme Command with respect to the organisational
structures of the ABiH 3rd Corps. This included the formation of
OGs, the subordination of units under OGs and the appointment and relief of
military commanders. He exercised command and effective control over all military
units subordinated to the ABiH 3rd Corps, including those operating
detention facilities.
- Enver HADZIHASANOVIC also exercised his power as a Corps commander
by negotiating the exchange of prisoners of war and cease-fire agreements
with the HVO, appointing ABiH 3rd Corps officers for the ABiH /
HVO Joint Command and negotiating with UNPROFOR and ECMM officials.
- At all times relevant to this indictment, Enver HADZIHASANOVIC exercised
effective control over all his subordinates alleged to have committed crimes.
Amir KUBURA:
- In following the common practice of the ABiH to use a variety of regulations
and instructions of the former JNA, Amir KUBURA, by virtue of his authority
and duties as a commander was, inter alia, responsible for the preparation
of the units subordinated to his command for armed combat in the field, including
the planning of the operations and other forms of combat actions, transmitting
decisions to subordinated commands and controlling their implementation.
- At all times relevant to the charges in this indictment, Amir KUBURA,
by virtue of his position and authority described above, commanded all units
of the ABiH 3rd Corps 7th Muslim Mountain Brigade. Amir
KUBURA demonstrated and exercised both formal de iure and de facto power,
by his control in military matters in a manner consistent with the exercise
of superior authority in a variety of ways, including: issuing orders, instructions
and directives to units subordinated to the ABiH 3rd Corps 7th
Muslim Mountain Brigade; deploying troops under his command; planning the
preparation and implementation of military operations performed by units under
his command and effective control. He exercised command and effective
control over all military units subordinated to the ABiH 3rd Corps
7th Muslim Mountain Brigade, including those operating detention
facilities.
- At all times relevant to this indictment, Amir KUBURA exercised effective
control over all his subordinates alleged to have committed crimes.
COUNTS 1-2
(MURDER, CRUEL TREATMENT)
- Several times during the course of their combat activities with the HVO
and the HV in central Bosnia in 1993, ABiH 3rd Corps forces killed
and seriously wounded surrendered HVO soldiers and/or Bosnian Croat and Bosnian
Serb civilians. These killings by ABiH 3rd Corps forces after attacks
on towns and villages include but are not limited to executions
and massacres in the following villages:
- Dusina:
(aa) The execution on 26 January 1993 of the Bosnian Serb civilian Vojislav
STANISIC and the following five surrendered HVO soldiers after troops of
the 7th Muslim Mountain Brigade, the 303rd Mountain
Brigade, and the 17th Krajina Mountain Brigade had launched the
attack on Dusina – Zenica Municipality: Niko KEGELJ, Stipo KEGELJ, Vinko
KEGELJ, Pero LJUBICIC, and Augustin RADOS;
(ab) The killing of the surrendered HVO soldier Zvonko RAJIC by Serif PATKOVIC,
the then commander of the 2nd Battalion of the 7th
Muslim Mountain Brigade, after the attack on Dusina – Zenica Municipality;
- Miletici:
The killing on 24 April 1993 of the following four surrendered HVO soldiers
after troops of both the 7th Muslim Mountain Brigade and the
306th Mountain Brigade had launched the attack on Miletici –
Travnik Municipality: Franjo PAVLOVIC, Tihomir PAVLOVIC, Vlado PAVLOVIC,
and Anto PETROVIC;
- Maline / Bikosi:
The massacre on 8 June 1993 in Bikosi – Travnik Municipality of around
30 Bosnian Croat civilians and surrendered HVO soldiers after troops of
both the 7th Muslim Mountain Brigade and the 306th
Mountain Brigade had launched the attack on Maline – Travnik Municipality.
Among the killed were the following persons: Anto BALTA, Ivo BALTA, Jozo
BALTA, Luka BALTA, Nikica BALTA, Bojan BARAC, Davor BARAC, Goran BOBAS,
Niko BOBAS, Slavko BOBAS, Sreco BOBAS, Pero BOBAS-PUPIC, Dalibor JANKOVIC,
Stipo JANKOVIC, Slavko KRAMAR, Anto MATIC, Tihomir PESA, Ana PRANJES, Ljubomir
PUSELJA, Predrag PUSELJA, Jakov TAVIC, Mijo TAVIC, Stipo TAVIC, and Ivo
VOLIC. Seriously wounded were Berislav MARJANOVIC, Zdravko PRANJES, Darko
PUSELJA, and Zeljko PUSELJA.
- Enver HADZIHASANOVIC from about January 1993 to 31 October 1993 and
Amir KUBURA from 1 April 1993 to March 1994 knew or had reason to know
that ABiH forces under their command and effective control were about to commit
such acts or had done so in the following villages on or about the dates indicated
and they failed to take the necessary and reasonable measures to prevent such
acts or to punish the perpetrators thereof:
Enver HADZIHASANOVIC:
Dusina (Zenica Municipality) 26 January 1993
Miletici (Travnik Municipality) 24 April 1993
Maline / Bikosi (Travnik Municipality) 8 June 1993
Amir KUBURA:
Miletici (Travnik Municipality) 24 April 1993
Maline / Bikosi (Travnik Municipality) 8 June 1993
By these omissions Enver HADZIHASANOVIC and Amir KUBURA committed:
Count 1: MURDER, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
punishable under Articles 3 and 7(3) of the Statute of the Tribunal and
recognised by Article 3(1)(a) of the Geneva Conventions.
Count 2: CRUEL TREATMENT, a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, punishable under Articles 3 and 7(3) of the Statute of the Tribunal
and recognised by Article 3(1)(a) of the Geneva Conventions.
COUNTS 3-4
(MURDER, CRUEL TREATMENT)
- Enver HADZIHASANOVIC from about January 1993 to 31 October 1993 and
Amir KUBURA from 1 April 1993 to March 1994 knew or had reason to know
that the following ABiH forces under their command and effective control were
about to plan, prepare or execute the imprisonment, killing and cruel treatment
of Bosnian Croats and Bosnian Serbs at the following locations, in
the territory of Bosnia and Herzegovina, or had done so, and they failed to
take the necessary and reasonable measures to prevent such acts or to punish
the perpetrators thereof:
Enver HADZIHASANOVIC:
- Zenica Municipality:
Zenica Music School, in the town of Zenica, staffed and operated by the
ABiH 3rd Corps 7th Muslim Mountain Brigade, from about
26 January 1993 to 31 October 1993;
- Travnik Municipality:
(ba) Town of Travnik:
Former JNA barracks, staffed and operated by the ABiH 3rd Corps
OG "Bosanska Krajina" 17th Krajina Mountain Brigade, from about
May 1993 to 31 October 1993;
(bb) Village of Mehurici:
- Mehurici Elementary School, staffed and operated by the ABiH 3rd
Corps OG "Bosanska Krajina" 306th Mountain Brigade, from about
6 June 1993 to at least 24 June 1993;
- Blacksmith Shop, staffed and operated by the ABiH 3rd Corps
OG "Bosanska Krajina" 306th Mountain Brigade, from about 6
June 1993 to at least 13 July 1993;
(bc) Village of Orasac:
Orasac Camp, staffed and operated by "Mujahedin" within the ABiH 3rd
Corps OG "Bosanska Krajina", from about 15 October 1993 to 31 October 1993;
- Kakanj Municipality:
Motel Sretno, staffed and operated by the ABiH 3rd Corps 7th
Muslim Mountain Brigade 3rd Battalion, from about 15 May 1993
to at least 21 June 1993;
- Bugojno Municipality:
(da) Gimnazija School Building from about 18 July 1993 to at least 13 October
1993;
(db) Convent Building from about 24 July 1993 to at least the beginning
of August 1993;
(dc) Slavonija Furniture Salon from about 24 July 1993 to at least 18 August
1993;
(dd) FC Iskra Stadium from about 30 July 1993 to 31 October 1993;
(de) Vojin Paleksic Elementary School from about 31 July 1993 to at least
September 1993;
(df) Bank of Bosnia and Herzegovina Building from about September 1993
to 31 October 1993.
The ABiH 3rd Corps camps and detention facilities in Bugojno
were all staffed and operated by the ABiH 3rd Corps OG "Zapad"
Military Police and soldiers of the ABiH 3rd Corps OG "Zapad"
307th Brigade.
Amir KUBURA:
- Zenica Municipality:
Zenica Music School, in the town of Zenica, staffed and operated by the
ABiH 3rd Corps 7th Muslim Mountain Brigade, from 1
April 1993 to at least January 1994;
- Kakanj Municipality:
Motel Sretno, staffed and operated by the ABiH 3rd Corps 7th
Muslim Mountain Brigade 3rd Battalion, from about 15 May 1993
to at least 21 June 1993.
- Imprisoned and otherwise detained Bosnian Croats and Bosnian Serbs
were subjected to regular physical and/or psychological abuse. The physical
abuse included beatings inflicted by a wide variety of weaponry such as rifle
butts, metal hooks, wooden sticks and handles, batons, truncheons, knuckle-dusters,
wooden staves, boots and telephone cables, resulting in a wide variety of
bodily injuries. Several detainees got their ribs, noses and limbs broken.
In some instances, prisoners were beaten to death. Detainees were subjected
to inhuman treatment, including being confined in overcrowded and unsanitary
conditions and suffered from inhumane deprivations of basic necessities such
as adequate food, water and clothing. They were provided little or no medical
attention. The psychological abuse included threats of bodily injury and death,
such as prisoners being forced to dig their "own graves" and the threat of
amputation of limbs while detained:
- In the Zenica Music School, soldiers of the ABiH 3rd Corps
7th Muslim Mountain Brigade, who were predominately both members
of the Military Police and "Mujahedin" subordinated to the ABiH 3rd
Corps 7th Muslim Mountain Brigade, abused prisoners by beating
them with a wide variety of weaponry, such as rifle butts, wooden sticks
and handles, truncheons, knuckle-dusters, staves, boots and telephone cables,
resulting in a wide variety of bodily injury. Members of the ABiH 3rd
Corps 7th Muslim Mountain Brigade Military Police and "Mujahedin"
subordinated to the ABiH 3rd Corps 7th Muslim Mountain
Brigade forced prisoners to dig their "own graves". In general, food, hygiene
and living conditions were poor.
- In the former JNA barracks in Travnik soldiers of the ABiH 3rd
Corps OG "Bosanska Krajina" 17th Krajina Brigade beat detainees
on a regular basis.
- In the Mehurici Elementary School, members of the ABiH 3rd
Corps 306th Mountain Brigade kicked prisoners while detained.
During interrogation prisoners were beaten and threatened by members of
the ABiH 3rd Corps 306th Mountain Brigade. The general
food, hygiene and living conditions were poor.
- In the Blacksmith Shop Mehurici soldiers of the ABiH 3rd Corps
306th Mountain Brigade crammed prisoners in a small room, around
3x3 metres in size. They took prisoners out for interrogation, threatened,
kicked and beat them. The food, hygiene and living conditions were poor.
- In the Orasac Camp, "Mujahedin" subordinated to the ABiH 3rd
Corps OG "Bosanska Krajina" severely beat detainees with rifle butts. The
"Mujahedin" broke the nose of one of the detainees, and several ribs of
another. They regularly subjected detainees to threats of bodily injury
and death.
- In the Motel Sretno, ABiH 3rd Corps 7th Muslim Mountain
Brigade 3rd Battalion soldiers physically abused detainees by
beating them with batons, sticks, rifle butts, metal hooks, wooden staves
and boots. They also forced them to beat each other. In addition, detainees
were ordered to bang their heads against walls. Furthermore, ABiH 3rd
Corps 7th Muslim Mountain Brigade 3rd Battalion soldiers
threatened detainees with the amputation of their legs whilst detained at
the facility.
- In the detention facilities in Bugojno, members of the ABiH 3rd
Corps OG "Zapad" Military Police and soldiers of the ABiH 3rd
Corps OG "Zapad" 307th Brigade abused prisoners by beating them
with a variety of weapons, namely truncheons, police batons, rifle butts,
billiard sticks, wooden staves, plastic cables, and boots. They forced detainees
to hit their heads against metal bars. The physical assaults resulted in
prisoners losing consciousness and receiving broken legs. In a few instances,
detainees got their teeth knocked out. On several occasions, detainees were
forced to give blood. On a regular basis, ABiH 3rd Corps OG "Zapad"
Military Police threatened to kill detainees. In addition, they subjected
prisoners to overcrowded cells and highly unsanitary living conditions.
The food conditions were very poor.
- The killings of imprisoned and otherwise detained Bosnian Croats and Bosnian
Serbs include, but are not limited to:
- The killing by beating to death of a Bosnian Croat detainee by Military
Police Officers from the ABiH 3rd Corps OG "Bosanska Krajina"
17th Krajina Brigade in May 1993 in the former JNA barracks in
Travnik – Travnik Municipality;
- The killing by beating to death of the imprisoned HVO soldier Jozo MARACIC
by soldiers of the ABiH 3rd Corps 7th Muslim Mountain
Brigade on 18 June 1993 in the Zenica Music School – Zenica Municipality;
- The killing by beating to death of the imprisoned HVO soldier Mladen HAVRANEK
by members of the ABiH 3rd Corps OG "Zapad" Military Police on
5 August 1993 in the Slavonija Furniture Salon – Bugojno Municipality;
- The killing by beating to death of the imprisoned HVO soldier Mario ZRNO
by members of the ABiH 3rd Corps OG "Zapad" Military Police in
the beginning of August 1993 whilst taken out for forced labour from the
Convent Building in Bugojno – Bugojno Municipality;
- The killing by ritual beheading of the Bosnian Serb detainee Dragan POPOVIC,
a civilian, by "Mujahedin" subordinated to the ABiH 3rd Corps
OG "Bosanska Krajina" on 20 October 1993 in the Orasac Camp – Travnik Municipality.
By these omissions Enver HADZIHASANOVIC and Amir KUBURA committed:
Count 3: MURDER, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
punishable under Articles 3 and 7(3) of the Statute of the Tribunal and recognised
by Article 3(1) (a) of the Geneva Conventions.
Count 4: CRUEL TREATMENT, a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, punishable under Articles 3 and 7(3) of the Statute of the Tribunal
and recognised by Article 3(1)(a) of the Geneva Conventions.
COUNTS 5-6
(WANTON DESTRUCTION OF CITIES, TOWNS OR VILLAGES, NOT JUSTIFIED BY MILITARY
NECESSITY, PLUNDER OF PUBLIC OR PRIVATE PROPERTY)
- In the course of their combat activities with the HVO and the HV in central
Bosnia in 1993, ABiH 3rd Corps forces either plundered or plundered
and unlawfully destroyed Bosnian Croat and Bosnian Serb dwellings, buildings
and civilian personal property. These incidents of plunder and unlawful and
wanton destruction not justified by military necessity were committed by the
units as detailed below and include, but are not limited to the following
towns and villages, on or about the dates indicated:
Dusina (Zenica Municipality) January 1993
- 7th Muslim Mountain Brigade
- 303rd Mountain Brigade
- 17th Krajina Mountain Brigade
Miletici (Travnik Municipality) April 1993
- 7th Muslim Mountain Brigade
- 306th Mountain Brigade
Guca Gora (Travnik Municipality) June 1993
- 7th Muslim Mountain Brigade
- 306th Mountain Brigade
- 17th Krajina Mountain Brigade
Maline (Travnik Municipality) June 1993
- 7th Muslim Mountain Brigade
- 306th Mountain Brigade
Cukle (Travnik Municipality) June 1993
- 7th Muslim Mountain Brigade
- 306th Mountain Brigade
Susanj / Ovnak / Brajkovici /
Grahovcici (Zenica Municipality) June 1993
- 7th Muslim Mountain Brigade
- 306th Mountain Brigade
- 314th Mountain Brigade
Vares (Vares Municipality) November 1993
- 7th Muslim Mountain Brigade
- Enver HADZIHASANOVIC from about January 1993 to 31 October 1993 and
Amir KUBURA from 1 April 1993 to March 1994 knew or had reason to know
that ABiH forces under their command and effective control were about to commit
such acts or had done so in the following villages, on or about the dates
indicated, and they failed to take the necessary and reasonable measures to
prevent such acts or to punish the perpetrators thereof:
Enver HADZIHASANOVIC:
Dusina (Zenica Municipality) January 1993
Miletici (Travnik Municipality) April 1993
Guca Gora (Travnik Municipality) June 1993
Maline (Travnik Municipality) June 1993
Cukle (Travnik Municipality) June 1993
Susanj / Ovnak / Brajkovici /
Grahovcici (Zenica Municipality) June 1993
Amir KUBURA:
Miletici (Travnik Municipality) April 1993
Maline (Travnik Municipality) June 1993
Susanj / Ovnak / Brajkovici /
Grahovcici (Zenica Municipality) June 1993
Vares (Vares Municipality) November 1993
By these omissions Enver HADZIHASANOVIC and Amir KUBURA committed:
Count 5: WANTON DESTRUCTION OF CITIES, TOWNS OR VILLAGES, NOT
JUSTIFIED BY MILITARY NECESSITY, a VIOLATION OF THE LAWS OR CUSTOMS OF
WAR, punishable under Articles 3(b) and 7(3) of the Statute of the Tribunal.
Count 6: PLUNDER OF PUBLIC OR PRIVATE PROPERTY, a VIOLATION
OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(e) and 7(3)
of the Statute of the Tribunal.
COUNT 7
(DESTRUCTION OR WILFUL DAMAGE OF INSTITUTIONS DEDICATED TO RELIGION)
- Enver HADZIHASANOVIC from about June 1993 to 31 October 1993 knew
or had reason to know that ABiH forces under his command and effective control,
as detailed below, were about to plan, prepare or execute the destruction
or wilful damage of Bosnian Croat institutions dedicated to religion in the
following towns and villages, on or about the dates indicated, or had done
so and failed to take the necessary and reasonable measures to prevent such
acts or to punish the perpetrators thereof:
Guca Gora (Travnik Municipality) June 1993
- 7th Muslim Mountain Brigade
- 306th Mountain Brigade
- 17th Krajina Mountain Brigade
Travnik (Travnik Municipality) June 1993
- "Mujahedin" subordinated to
- ABiH 3rd Corps and/or
- 17th Krajina Mountain Brigade
By these omissions, Enver HADZIHASANOVIC committed:
Count 7: DESTRUCTION OR WILFUL DAMAGE DONE TO INSTITUTIONS
DEDICATED TO RELIGION, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable
under Articles 3(d) and 7(3) of the Statute of the Tribunal.