Indictment Against Tadic and Borovnica In this February 13, 1995 indictment, Dusko Tadic and Goran Borovnica are charged with war crimes stemming from the alleged mistreatment, sexual assault, and murder of prisoners held at the Omarska camp in the former Yugoslavia.

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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

THE PROSECUTOR OF THE TRIBUNAL

AGAINST

DUSAN TADIC a/k/a "DULE"
GORAN BOROVNICA

INDICTMENT

Richard J. Goldstone, Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to his authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia ("The Statute of the Tribunal"), charges:

1. From about 25 May 1992 Serb forces attacked Bosnian Muslim and Croat population centers in the opstina of Prijedor, Bosnia-Herzegovina, forcing most Muslims and Croats from their homes and confining many thousands, including more than 3,000 who were held in the Omarska camp, a former mining complex. The accused Dusan TADIC a/k/a "Dule" a/k/a "Dusko", participated in the collection and mistreatment, including killings, of Bosnian Muslims and Croats in opstina Prijedor within Omarska camp and outside Omarska camp, as set forth below. The accused Goran BOROVNICA participated with Dusan TADIC in killings outside of Omarska camp, as set forth below:

Background

2.1. In May, 1992, intensive shelling of Muslim areas in the opstina Prijedor caused the Muslim residents to flee their homes. The majority of them then surrendered or were captured by Serb forces. As the Serb forces rounded up the Muslims and any Croat residents, they forced the Muslims and Croats to march in columns bound for one or another of the prison camps that the Serbs had established in the opstina. The Serb forces pulled many of the Muslims and Croats from the columns and shot or beat them on the spot.

2.2. On about 25 May 1992, about three weeks after Serbs forcibly took control of government authority in the opstina, and two days after the start of large scale military attacks on Muslim population centers, the Serb forces began taking prisoners to the Omarska camp.

2.3. During the next several weeks, the Serb forces continued to round up Muslims and Croats from Kozarac, Prijedor town, and other places in the opstina and interned them in the camps. Many of Prijedor's Muslim and Croat intellectuals, professional and political leaders were sent to Omarska. There were approximately 40 women in the camp, and all the other prisoners in the camp were men.

2.4. Within the area of the Omarska mining complex that was used for the camp, the camp authorities generally confined the prisoners in three different buildings: the administration building, where interrogations took place and most of the women were confined; the garage or hangar building; the "white house," a small building where particularly severe beatings were administered; and on a cement courtyard area between the buildings known as the "pista". There was another small building, known as the "red house", where prisoners were sometimes taken but most often did not emerge alive.

2.5. Living conditions at Omarska were brutal. Prisoners were crowded together with little or no facilities for personal hygiene. They were fed starvation rations once a day and given only three minutes to get into the canteen area, eat, and get out. The little water they received was ordinarily foul. Prisoners had no changes of clothing and no bedding. They received no medical care.

2.6. Severe beatings were commonplace. The camp guards, and others who came to the camp and physically abused the prisoners, used all manner of weapons during these beatings, including wooden batons, metal rods and tools, lengths of thick industrial cable that had metal balls affixed to the end, rifle butts, and knives. Both female and male prisoners were beaten, tortured, raped, sexually assaulted, and humiliated. Many, whose identities are known and unknown, did not survive the camp. After the collection of thousands of Bosnian Muslims and Croats in later May, 1992, groups of Serbs including the accused later entered villages in which Muslims and Croats remained, at which time they killed some villagers and drove others from their homes.

General Allegations

3.1. At all times relevant to this indictment, a state of armed conflict and partial occupation existed in the territory of Bosnia-Herzegovina.

3.2. All acts or omissions set forth as grave breaches recognised by Article 2 of the Statute of the Tribunal occurred during that armed conflict and partial occupation.

3.3. All of the prisoners at the Omarska camp, and the Bosnian Muslims and Croats of the opstina of Prijedor referred to in this indictment were, at all relevant times, persons protected by the Geneva Conventions of 1949.

3 4. All of the accused in this indictment were required to abide by the mandate of the laws and customs governing the conduct of war, including the Geneva Conventions of 1949.

3.5. Unless otherwise set forth below, all acts and omissions set forth in this indictment took place between 24 May and 30 August 1992.

3.6. In each paragraph charging torture, the acts were committed by, or at the instigation of, or with the consent or acquiescence of, an official or person acting in an official capacity, and for one or more of the following purposes: to obtain information or a confession from the victim or a third person; to punish the victim for an act the victim or a third person committed or was suspected of having committed; to intimidate or coerce the victim or a third person; and/or for any reason based upon discrimination of any kind

3.7. In each paragraph charging crimes against humanity, a crime recognised by Article 5 of the Statute of the Tribunal, the alleged acts or omissions were part of a widespread or large-scale or systematic attack directed against a civilian population, specifically the Muslim and Croat population of the Prijedor district.

3.8. The term "Serb" refers either to Bosnian citizens of Serbian descent or to individuals for whom it is unknown whether they were Bosnian Serbs or citizens of Serbia proper.

3.9. Paragraphs 3.1 through 3.8 are realleged and incorporated into each of the charges described below.

CHARGES:

4.1. "F" was taken to the Omarska camp as a prisoner in early June 1992. Sometime between early June and 3 August 1992, "F" was taken to the Separacija building at the entrance to the Omarska camp and placed in a room where Dusan TADIC subjected "F" to forcible sexual intercourse.

4.2. Dusan TADIC wilfully caused great suffering to "F" by subjecting her to forcible sexual intercourse, a GRAVE BREACH recognised by Article 2(c) of the Statute of the Tribunal. or;

4.3. Alternatively, Dusan TADIC subjected "F" to cruel treatment by forcible sexual intercourse, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Article 3 of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions of 1949.

4.4 Dusan TADIC raped "F", a CRIME AGAINST HUMANITY recognised by Article 5(g) of the Statute of the Tribunal.

5.1. About late June 1992, a group of Bosnian Serbs from outside the camp, including Dusan TADIC entered the large garage building known as the "hangar" and called prisoners out of their rooms by name, including Emir KARABASIC, Jasmin HRNIC, Enver ALIC, Fikret HARAMBASIC and Emir BEGANOVIC. The prisoners were in different rooms and came out separately. The group of Serbs, including Dusan TADIC, severely beat the prisoners with various objects and kicked them on their heads and bodies. After Fikret HARAMBASIC was beaten, two other prisoners, "G" and "H", were called out. A member of the group ordered "G" and "H" to lick Fikret HARAMBASIC's buttocks and genitals and then to sexually mutilate Fikret HARAMBASIC. "H" covered Fikret HARAMBASIC's mouth to silence his screams and "G" bit off one of Fikret HARAMBASIC's testicles. Emir KARABASIC, Jasmin HRNIC and Fikret HARAMBASIC died from the attack. Enver ALIC, who was severely injured, was thrown onto the back of a truck with the dead and driven away.

victim: Emir KARABASIC

5.2 Dusan TADIC participated in the wilful killing of Emir KARABASIC, a GRAVE BREACH recognised by Articles 2(a) and 7(1) of the Statute of the Tribunal. or;

5.3. Alternatively, Dusan TADIC participated in the murder of Emir KARABASIC, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.4 Dusan TADIC participated in the murder of Emir KARABASIC, a CRIME AGAINST HUMANITY recognised by Articles 5(a) and 7(1) of the Statute of the Tribunal.

5.5. Dusan TADIC participated in wilfully causing Emir KARABASIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

5.6. Alternatively, Dusan TADIC participated in subjecting Emir KARABASIC to cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.7 Dusan TADIC participated in the commission of inhumane acts against Emir KARABASIC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: Jasmin HRNIC

5.8. Dusan TADIC participated in the wilful killing of Jasmin HRNIC, a GRAVE BREACH recognised by Articles 2(a) and 7(1) of the Statute of the Tribunal. or;

5.9. Alternatively, Dusan TADIC participated in murder of Jasmin HRNIC, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.10. Dusan TADIC participated in the murder of Jasmin HRNIC, a CRIME AGAINST HUMANITY recognised by Articles 5(a) and 7(1) of the Statute of the Tribunal.

5.11. Dusan TADIC participated in wilfully causing Jasmin HRNIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

5.12. Alternatively, Dusan TADIC participated in subjecting Jasmin HRNIC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.13. Dusan TADIC participated in the commission of inhumane acts against Jasmin HRNIC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: Enver ALIC

5.14. Dusan TADIC participated in the wilful killing of Enver ALIC, a GRAVE BREACH recognised by Articles 2(a) and 7(1) of the Statute of the Tribunal, or;

5.15. Alternatively, Dusan TADIC participated in murder of Enver ALIC, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.16. Dusan TADIC participated in the murder of Enver ALIC, a CRIME AGAINST HUMANITY recognised by Articles 5(a) and 7(1) of the Statute of the Tribunal

5.17. Dusan TADIC participated in wilfully causing Enver ALIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

5.18. Alternatively, Dusan TADIC participated in subjecting Enver ALIC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.19. Dusan TADIC participated in the commission of inhumane acts against Enver ALIC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: Fikret HARAMBASIC

5.20. Dusan TADIC participated in the wilful killing of Fikret HARAMBASIC, a GRAVE BREACH recognised by Articles 2(a) and 7(1) of the Statute of the Tribunal, or;

5.21. Alternatively, Dusan TADIC participated in the murder of Fikret HARAMBASIC, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.22. Dusan TADIC participated in the murder of Fikret HARAMBASIC, a CRIME AGAINST HUMANITY recognised by Articles 5(a) and 7(1) of the Statute of the Tribunal.

5.23. Dusan TADIC participated in the torture of Fikret HARAMBASIC, a GRAVE BREACH recognised by Articles 2(b) and 7(1) of the Statute of the Tribunal or:

5.24. Alternatively, Dusan TADIC participated in the torture of Fikret HARAMBASIC, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.25. Dusan TADIC participated in the torture of Fikret HARAMBASIC, a CRIME AGAINST HUMANITY recognised by Articles 5(f) and 7(1) of the Statute of the Tribunal.

victim: Emir BEGANOVIC

5.26. Dusan TADIC participated in wilfully causing Emir BEGANOVIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal or;

5.27. Alternatively, Dusan TADIC participated in subjecting Emir BEGANOVIC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.28. Dusan TADIC participated in the commission of inhumane acts against Emir BEGANOVIC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: "G"

5.29. Dusan TADIC participated in the commission of inhuman treatment against "G", a GRAVE BREACH recognised by Articles 2(b) and 7(1) of the Statute of the Tribunal, or;

5.30. Alternatively, Dusan TADIC participated in subjecting "G" to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.31. Dusan TADIC participated in the commission of inhumane acts against "G", a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: "H"

5.32. Dusan TADIC participated in the commission of inhuman treatment against "H", a GRAVE BREACH recognised by Articles 2(b) and 7(1) of the Statute of the Tribunal, or;

5.33. Alternatively, Dusan TADIC participated in subjecting "H" to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

5.34. Dusan TADIC participated in the commission of inhumane acts against "H", a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

6.1. Around July 10, 1992, in the building known as the "white house" in Omarska camp, a group of Serbs from outside the camp, including Dusan TADIC, severely beat Sefik SIVAC, threw him onto the floor of a room and left him there, where he died.

victim: Sefik SIVAC

6.2. Dusan TADIC participated in wilfully causing Sefik SIVAC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

6.3. Alternatively, Dusan TADIC participated in subjecting Sefik SIVAC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

6.4. Dusan TADIC participated in the commission of inhumane acts against Sefik SIVAC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal

7.1. Around late July, 1992, behind the building known as the "white house" in Omarska camp, a group of Serbs from outside the camp, including Dusan TADIC, severely beat and kicked Hakija ELEZOVIC, Salih ELEZOVIC, Sejad SIVAC and other prisoners. Hakija ELEZOVIC survived the beating. Salih ELEZOVIC, Sejad SIVAC, and other prisoners were found dead in the same spot later that day.

victim: Hakija ELEZOVIC 7.2. Dusan TADIC participated in wilfully causing Hakija ELEZOVIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

7.3. Alternatively, Dusan TADIC participated in subjecting Hakija ELEZOVIC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

7.4. Dusan TADIC participated in the commission of inhumane acts against Hakija ELEZOVIC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: Salih ELEZOVIC

7.5. Dusan TADIC participated in wilfully causing Salih ELEZOVIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal. or;

7.6. Alternatively, Dusan TADIC participated in subjecting Salih ELEZOVIC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Article 3(1)(a) of the Geneva Conventions and Articles 3 and 7(1) of the Statute of the Tribunal.

7.7. Dusan TADIC participated in the commission of inhumane acts against Salih ELEZOVIC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

victim: Sejad SIVAC

7.8. Dusan TADIC participated in wilfully causing Sejad SIVAC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

7.9. Alternatively, Dusan TADIC participated in subjecting Sejad SIVAC to cruel treatment, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

7.10. Dusan TADIC participated in the commission of inhumane acts against Sejad SIVAC, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

8.1. Around the latter part of June or first part of July, 1992, near the building known as the "white house," a group of Serbs from outside the camp, including Dusan TADIC, ordered prisoners, whose names are not known, to drink water like animals from puddles on the ground, jumped on their backs and beat them until they were unable to move. As the victims were removed in a wheelbarrow, TADIC discharged the contents of a fire extinguisher into the mouth of one of the victims.

8.2. Dusan TADIC participated in wilfully causing a group of Omarska prisoners, whose names are not known, great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

8.3. Alternatively, Dusan TADIC participated in subjecting these unknown Omarska prisoners to cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

8.4. Dusan TADIC and Dusan KNEZEVIC participated in subjecting these unknown Omarska prisoners to inhumane acts, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal.

9.1. Around 8 July 1992, in the building known as the "white house," a group of persons from outside the camp, including Dusan TADIC, called prisoners individually from one room in the "white house" to another, where they were beaten. After a number of prisoners were called out, Hase ICIC was taken into the room, where members of the group, including Dusan TADIC, placed a rope around his neck, beat him with clubs and kicked him with boots until he was unconscious.

9.2. Dusan TADIC participated in wilfully causing Hase ICIC great suffering or serious injury to body or health, a GRAVE BREACH recognised by Articles 2(c) and 7(1) of the Statute of the Tribunal, or;

9.3. Alternatively, Dusan TADIC participated in subjecting Hase ICIC to cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR recognised by Articles 3 and 7(1) Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

9.4. Dusan TADIC participated in subjecting Hase ICIC to inhumane acts, a CRIME AGAINST HUMANITY recognised by Articles 5(i) and 7(1) of the Statute of the Tribunal

  • Second Part of the Indictment