THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA

 

Case No. IT-03-66-I

THE PROSECUTOR

OF THE TRIBUNAL

AGAINST

Fatmir LIMAJ,
Haradin BALA,
Isak MUSLIU,
Agim MURTEZI

 

INDICTMENT

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 (hereinafter "the Statute of the Tribunal"), charges:

Fatmir LIMAJ, aka Çeliku
Haradin BALA, aka Shala
Isak MUSLIU, aka Qerqiz
Agim MURTEZI, aka Murrizi

with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR.

THE ACCUSED

  1. Fatmir LIMAJ, aka Çeliku, was born on 4 February 1971 in Banja, then in the municipality of Suva Reka in the autonomous province of Kosovo ("Kosovo"). At all times relevant to this indictment, Fatmir LIMAJ was a commander in the Ushtria Çlirimtare e Kosovës (UÇK), known in English as the Kosovo Liberation Army (hereinafter the "KLA"). In this position, Fatmir LIMAJ was responsible for the operation of the Lapusnik/Llapushnik Prison Camp of the KLA (hereinafter "Lapusnik/Llapushnik Prison Camp"), located in the municipality of Glogovac/Gllogoc in Kosovo.
  2. Haradin BALA, aka Shala, was born on 10 June 1957 in Gornja Koretica/Koroticë E Epërme in the municipality of Glogovac/Gllogoc in Kosovo. At all times relevant to this indictment, Haradin BALA was a member of the KLA and a commander/guard at the Lapusnik/Llapushnik Prison Camp.
  3. Isak MUSLIU, aka Qerqiz, was born on 31 October 1970 in Racak/Reçak in the municipality of Stimlje/Shtime in Kosovo. At all times relevant to this indictment, Isak MUSLIU was a member of the KLA and a commander/guard at the Lapusnik/Llapushnik Prison Camp.
  4. Agim MURTEZI, aka Murrizi, was born 20 February 1956 in Cuculjaga/Qylagë in the municipality of Lipljan/Lipjan in Kosovo. At all times relevant to this indictment, Agim MURTEZI was a member of the KLA and a guard at the Lapusnik/Llapushnik Prison Camp.

    5. STATEMENT OF FACTS

  5. No later than early 1998, after years of increasing tension and violence, armed conflict commenced between Serb forces and the KLA in Kosovo. This development was consistent with the KLA’s generally militant approach of active, armed resistance to Serb rule in Kosovo.
  6. Together with Serb civilians, Albanian civilians who were perceived by the KLA either as refusing to cooperate with or resisting the KLA by non-military means were targeted for intimidation, imprisonment, violence, and murder.

    7. INDIVIDUAL CRIMINAL RESPONSIBILITY

  7. At all times relevant to this indictment, Fatmir LIMAJ, in his position described above, exercised both de jure and de facto command and control over KLA members operating the Lapusnik/Llapushnik Prison Camp.
  8. In his position described above, Fatmir LIMAJ had the authority to discipline and punish subordinates who committed breaches of military discipline and/or illegal acts, including violations of international humanitarian law.
  9. Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI are responsible for the crimes charged against them in this indictment, pursuant to Article 7(1) of the Statute of the Tribunal, as further specified below for planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation, or execution of acts or omissions set forth in this indictment.
  10. Fatmir LIMAJ is also criminally responsible for the crimes charged against him in this indictment as a superior pursuant to Article 7(3) of the Statute of the Tribunal. This criminal responsibility involves the responsibility of a superior officer for the acts of his subordinate if the superior knew or had reason to know that this subordinate was 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.

    11. GENERAL ALLEGATIONS

  11. At all times relevant to this indictment, a state of armed conflict existed in Kosovo.
  12. All acts and omissions charged as Crimes against Humanity were part of a widespread and systematic attack directed against the Serb civilian population and members of the Albanian civilian population perceived as refusing to cooperate with or resisting the KLA by non-military means.
  13. At all times relevant to this indictment, Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI were required to abide by the laws and customs of war, including the Geneva Conventions of 1949 and Additional Protocol II.

    14. CHARGES
    COUNTS 1 to 2
    (IMPRISONMENT, CRUEL TREATMENT)

  14. From in or about May 1998 through to on or about 25 July 1998, in the municipalities of Stimlje/Shtime, Glogovac/Gllogoc, and Lipljan/Lipjan in Kosovo, Fatmir LIMAJ, individually and in concert with KLA forces under his command and control, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the crimes of Imprisonment and Cruel Treatment of Serb and Albanian civilians. Fatmir LIMAJ also knew or had reason to know that the crimes of Imprisonment and Cruel Treatment were about to be committed or had been committed by his subordinates, and he failed to take the necessary and reasonable measures to prevent such acts or punish the perpetrators thereof. Haradin BALA, Isak MUSLIU and Agim MURTEZI committed, or otherwise aided and abetted the execution of, the crimes of Imprisonment and Cruel Treatment of Serb and Albanian civilians.
  15. During the time period set forth above, KLA forces under the command and control of Fatmir LIMAJ unlawfully seized at least thirty-five Serb and Albanian civilians from the municipalities of Stimlje/Shtime, Glogovac/Gllogoc, and Lipljan/Lipjan in Kosovo, and forcibly brought them to the Lapusnik/Llapushnik Prison Camp.
  16. At the Lapusnik/Llapushnik Prison Camp, KLA forces under the command and control of Fatmir LIMAJ unlawfully detained the Serb and Albanian civilians for prolonged periods. Albanian civilian detainees were repeatedly interrogated about alleged "collaboration" with Serbs, often on the basis only of non-military interactions with Serb civilians. Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI personally participated in the guarding of the detainees at the Lapusnik/Llapushnik Prison Camp and in the interrogations of the detainees.
  17. By these acts and omissions, Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI participated in:

    18. Count 1: Imprisonment, a CRIME AGAINST HUMANITY, punishable under Articles 5(e), 7(1) (Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

    Count 2: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) (Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

     

    COUNTS 3 to 5
    (TORTURE, CRUEL TREATMENT)

  18. From in or about May 1998 through to on or about 25 July 1998, at the Lapusnik/Llapushnik Prison Camp, Fatmir LIMAJ, individually and in concert with KLA forces under his command and control, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the crimes of Torture and Cruel Treatment of Serb and Albanian civilians. Fatmir LIMAJ also knew or had reason to know that the crimes of Torture and Cruel Treatment were about to be committed or had been committed by his subordinates, and he failed to take the necessary and reasonable measures to prevent such acts or punish the perpetrators thereof. Haradin BALA, Isak MUSLIU and Agim MURTEZI committed, or otherwise aided and abetted the execution of, the crimes of Torture and Cruel Treatment of Serb and Albanian civilians.
  19. During the time period set forth above, KLA forces under the command and control of Fatmir LIMAJ held the detainees at the Lapusnik/Llapushnik Prison Camp under conditions that were brutal and inhumane, and routinely subjected them to physical and psychological assault, including torture and beatings. Fatmir LIMAJ, Haradin BALA, Isak MUSLIU and Agim MURTEZI participated in maintaining and enforcing the inhumane conditions at the camp, which included inadequate food and medical care, and participated in or aided and abetted the torture and beatings of the detainees.
  20. By these acts and omissions, Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI participated in:

    21. Count 3: Torture, a CRIME AGAINST HUMANITY, punishable under Articles 5(f), 7(1) (Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

    Count 4: Torture, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) (Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

     

    Count 5: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) (Fatmir LIMAJ, Haradin BALA, Isak MUSLIU, and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

    COUNTS 6 to 7
    (MURDER)

  21. From a date in or about June 1998 through to 25 July 1998, KLA forces under the command and control of Fatmir LIMAJ, including Haradin BALA and Isak MUSLIU, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the crime of Murder of Serb and Albanian civilians at the Lapusnik/Llapushnik Prison Camp. In each of the instances set forth below, Fatmir LIMAJ knew or had reason to know that the crime of Murder was about to be committed or had been committed by his subordinates, and he failed to take the necessary and reasonable measures to prevent such acts or punish the perpetrators thereof.
  22. On a date after 24 June 1998 but before 25 July 1998, KLA forces under the command and control of Fatmir LIMAJ murdered a number of Serb and non-Albanian detainees at the Lapusnik/Llapushnik Prison Camp whose names are set forth in Annex I to this indictment.
  23. On a date in or about mid-July 1998, KLA forces under the command and control of Fatmir LIMAJ beat, tortured, and murdered a number of Serb and Albanian detainees at the Lapusnik/Llapushnik Prison Camp whose names are set forth in Annex II to this indictment. Haradin BALA and Isak MUSLIU participated in or aided and abetted the murder of the four detainees.
  24. On a date in or about June or July 1998, KLA forces under the command and control of Fatmir LIMAJ beat, tortured, and murdered Fehmi XHEMA, aka Fehmi TAFA, at the Lapusnik/Llapushnik Prison Camp. Haradin BALA and Isak MUSLIU participated in or aided and abetted the murder of Fehmi XHEMA, aka Fehmi TAFA.

    25.  

  25. By these acts and omissions, Fatmir LIMAJ, Haradin BALA and Isak MUSLIU participated in:

    26. Count 6: Murder, a CRIME AGAINST HUMANITY, punishable under Articles 5(a), 7(1) (Haradin BALA and Isak MUSLIU) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

    Count 7: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) (Haradin BALA and Isak MUSLIU) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

    COUNTS 8 to 9
    (MURDER)

  26. On or about 25 July 1998, in or around the Berisa/Berisha mountains near the Lapusnik/Llapushnik Prison Camp, Fatmir LIMAJ, individually and in concert with KLA forces under his command and control, planned, instigated, ordered, or otherwise aided and abetted the planning, preparation, or execution of the crime of Murder of eleven Albanian detainees. Fatmir LIMAJ also knew or had reason to know that the crime of Murder was about to be committed or had been committed by his subordinates, and he failed to take the necessary and reasonable measures to prevent such acts or punish the perpetrators thereof. Haradin BALA and Agim MURTEZI committed, or otherwise aided and abetted the execution of, the crime of Murder of the eleven Albanian detainees.
  27. Shortly before 25 July 1998, Serb forces retook the area around the Lapusnik/Llapushnik Prison Camp. As a result, on 25 July 1998, the KLA abandoned the Lapusnik/Llapushnik Prison Camp and Haradin BALA and Agim MURTEZI marched approximately twenty-two detainees from the camp into the Berisa/Berisha mountains. On the way, they met up with Fatmir LIMAJ who gave orders to Haradin BALA and Agim MURTEZI.
  28. Shortly thereafter, Haradin BALA divided the detainees into two groups. One group of approximately nine detaineees was released. The other group of approximately thirteen detainees was marched by Haradin BALA, Agim MURTEZI and a third KLA soldier to a clearing in the woods. Haradin BALA, Agim MURTEZI, and the third KLA soldier then shot them, killing eleven of the detainees whose names are set forth in Annex III to this indictment.
  29. By these acts and omissions, Fatmir LIMAJ, Haradin BALA and Agim MURTEZI participated in:

Count 8: Murder, a CRIME AGAINST HUMANITY, as punishable under Articles 5(a), 7(1) (Fatmir LIMAJ, Haradin BALA and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

Count 9: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) (Fatmir LIMAJ, Haradin BALA and Agim MURTEZI) and 7(3) (Fatmir LIMAJ) of the Statute of the Tribunal.

 

 

____________________

Carla Del Ponte

Prosecutor

Dated this 24th day of January 2003
At The Hague
The Netherlands

 

ANNEX I

Paragraph 22: Detainees murdered between 24 June 1998 and 25 July 1998 at the Lapusnik/Llapushnik Prison Camp

Milovan KRSTIC
Miodrag KRSTIC
Boban MITROVIC
Miroslav SULJNIC
Zivorad KRSTIC
Stamen GENOV
Djordje CUK

 

ANNEX II

Paragraph 23: Detainees murdered in mid-July 1998 at the Lapusnik/Llapushnik Prison Camp

Sinisa BLAGOJEVIC
Dragan LNU
Agim ADEMI
Vesel AHMETI

 

ANNEX III

Paragraph 28: Detainees murdered on or about 25 July 1998 in or around the Berisa/Berisha mountains near the Lapusnik/Llapushnik Prison Camp

Emin EMINI
Ibush HAMZA
Hyzri HARJIZI
Shaban HOTI
Hasan HOXHA
Safet HYSENAJ
Mehmet OLLURI
Bashkim RASHITI
Hetem REXHAJ
Lutfi XHEMSHITI
Shyqyri ZYMERI