State Court of Bosnia My]) Herzegovina

Total Page:16

File Type:pdf, Size:1020Kb

State Court of Bosnia My]) Herzegovina BOSNIA AND HERZEGOVINA PROSECUTOR'S OFFICE OF Bili SARAJEVO Number: KT-RZ 200/06 Court Number X-KRN-06/300 Sarajevo, 27 December 2006 STATE COURT OF BOSNIA MY]) HERZEGOVINA Pursuant to Articles 35 (2) (H), Article 226 (1) and Article 227 of the Criminal Procedure Code of Bosnia and Herzegovina (BiH-CPC), I hereby issue this INDICTMENT AGAINST: VRACEVIC, Mirko, also known as "Srbin", son of Teodor, born on 15 March 1945 in Donji Smrtici; with indetification number 1503945150012, of Croat ethnicity, citizen of BiH, currently on pension, completed primary school; married; no previous convictions; no known pending criminal procedings; military service completed; arrested by SIP A on 19 December 2006 at 09:10; currently under house arrest pursuant to the decision of the Court of BiH n. X-KRN-06/300 issued by the Panel of the Court of BiH on the 22 December 2006. Because: During the period from July 1993 until March 1994, during an armed conflict between the HVO and the Army of BiH, Mirko Vracevic, also known as "Srbin", as member of the BijeJo Polje Battalion of the Second Brigade of the Hrvatsko Vijece Obrane (HVO), in which zone ofresponsibiJity village Vojno, municipality Mostar was located, and in his capacity as guard of the Vojno prison facility, planned, instigated, personally perpetrated, aided and abetted the commission of the attack on Bosniak civilians as part of a widespread or systematic attack on Bosnian Muslim civilian population of Mostar Municipality by members of the HVO military and police forces, which attack was committed pursuant to a state or organizational policy to commit such an attack, and knowing such attack, which were committed in furtherance of the system to maltreat and persecute Bosniaks in which Mirko Vracevic willfully and knowingly participated; during the attack 76 Bosniak women, children and elderly were unlawfully arrested, detained in inhumane conditions in houses, and other facilities in Vojno village, municipality PURL: https://www.legal-tools.org/doc/2447c9/ Mostar, while hundreds of Bosniak men who were taken from the Heliodrom camp for forced labor, were unlawfully detained in the prison facility in Vojno village, municipality Mostar, detained in brutal, degrading and inhumane conditions in a gatage and a cellar of a house physically and psychologically maltreated, tortured, subjected to daily beatings by guatds and soldiers, resulting to the death of 16 prisoners; as camp guard, Mirko Vracevic, was responsible for the lives and limbs and the safety of all the prisoners; had authority and control over the prisoners and had the duty to prevent hatm from being committed on them; Mirko Vracevic personally gave a substantial contribution to and furthered the functioning of Vojno prison facility's system of ill-treating and persecuting Bosnian Muslims by personally committing, or otherwise aiding and abetting the commission of various forms of physical, mental and sexual violence thereby creating an atmosphere of terror; contributed to the furtherance of the conditions of the facility which were brutal, barbatic and degrading, with prisoners detained without the basic necessities of life such as adequate food, clothing, shelter, drinking water, medical cate; detained in Unhygienic and cramped conditions; subjecting them to daily beatings, torture, harassment, humiliation, and psychological and sexual abuse; among others: 1. At the end of Alust 1993, on evening hours, Mirko Vracevic took out Protected witness from a house in which she was detained in Vojno camp and brought her to the command house; he handed her over to Marko Radic who then ordered her to go with Mirko Vracevic by telling her "do what you need to do"; after that Mirko Vracevic brought her to HVO member Mirko Bukara,; he told him "here, she comes" then Mirko Bukara by force forced protected witness.to have sex with him; 2. On an unknown date in September 1993, Mirko Vracevic, together with Mario Mihalj (deceased) and Dragan Sunjic, in Bubrani municipality Mostar, approximately half way to Heliodrom camp, municipality Mostat and Vojno camp, during the transport of fifty (50) prisoners from Heliodrom to be taken to Bijelo Polje to perform forced labour in Bijelo and while resting, Mirko Vracevic recognized a prisoner named Vracevic approached _ and told him "Have you come again? Tomorrow at 8 0' clock, you will dig a grave for yourself and I will come at 9 0' clock to execute you."; then Vracevic addressed Mario Mihalj and said "Commander, why wouldn't I kill him now" to which Mihalj replied "well, you coulct'; then Vracevic turned atound and asked prisoners "How do you, Muslims say 2 PURL: https://www.legal-tools.org/doc/2447c9/ grave who was tied next to replied "mezar", after that Vracevic turned around and said "that's right", then fired, at close range, his rifle to _head, inflicted an in and out injury on his head, which instantly caused t~ the bullet, exited the head of killed person hit prisoner--. in his chest and seriously injuring the latter; 3a. On an unknown date at the beginning of September 1993, in Vojno camp, Mirko Vracevi6 came to the house where protected witness. was detained, placed a knife under her throat and said: "dolyala si i Ii ptico " (the fox is brought to the furrier); that caused a tremendous fear and anxiety to the prisoner. 3b. On an unknown date in September 1993, in Vojno camp, Mirko Vracevic entered into a room where female Bosniaks prisoners together with underage children were detained, he approached to a 17 -month old child, gave her a grenade and asked "does your father has such candy in a house", that caused a tremendous fear and anxiety to all the prisoners in the house; 4. On an unknown date in October 1993, in Vojno camp, while prisoners cleaned ~Vojno camp, Mirko Vracevic, approached an underage prisoner _ and told him that he would slit his throat as he did to his aunt, after that he hit him se~ a rifle butt all over his body, that caused severe body injuries to _ . 5. During the period from 7 September until the end of November 1993, in Vojno camp, Mirko vrace.viCseveral times, at evening hours, took out a prisoner protected witness from a room where she was detained to a house within the camp and forced her to have sex with him while using force and threatening her to kill her. 6a On an unknown date during the period from the end of August until the beginning of September 1993, Vracevic took from a garage located in Vojno camp in which Bosniaks were unlawfully detained, among 3 PURL: https://www.legal-tools.org/doc/2447c9/ them was an underage Mirko Vracevi6 came and took him from the garage and brought to a house close to the garage, where Mario Mihalj had his office, Mirko Vra~evic to Mario Mihalj; after that Mario Mihalj ordered the to take his clothes off to the waist, after that he hit him all over his wooden cornice and wooden axe handle, because of was all bloodied up and bruised, that caused Mario Mihalj ordered Mirko Vracevi6 to 6b. On an unknown date during the period from the end of August until the beginning of September 1993, Vracevic took from a garage located in Vojno c~osniaks were unlawfully detained, among them was underage_Mirko Vracevi6 came and took him from the garage and brought to a house close to the where Mario Mihalj had his office, Mirko Vracevi6 handed Mari~ had an electrical wire in his hand, he wire to-. fingers, subjected him to electrical while Mirko Vracevi6 poked his knife all over the body inflicting severe body injuries to him; 7. On an unknown date during the period from the end of fiU'l',"'" beginning of September 1993, Mirko Vracevic took a nri.<,nnler from a garage located in Vojno camp, and brought him to a house 910se to the garage, in which Mario Mihalj had his office, he handed him over to Mario Mihalj, who beat him for a while, which caused _ body to be all covered with blood, bruised and swollen; then Vracevi6 dragged the prisoner to the garage in such a bad condition that he could not walk on his own; 8. On an unknown date, at the beginning of September 1993, in Vojno camp, Mirko Vracevic took a prisoner protected witness.from the garage, brought him to a house near the garage, where Mario Mihalj and Dragan Sunjic waited, they placed the prisoner on a chair, tied his fingers up with electrical wires which was connected to a telephone, then Mario Mihalj started to turn around telephone handle what caused electrical current to go trough the body of prisoner. and the prisoner suffered tremendous pains, thereafter, while the prisoner was in semiconscious condition they dragged him to the garage; 9. During the period from July 1993 until March 1994, Mirko Vracevic, as a member of the HVO and in his capacity a camp guard of the Vojno prison facility, was responsible for planning, committing, instigating or otherwise aiding and abetting the unlawful detention of Bosniak civilian women, children 4 PURL: https://www.legal-tools.org/doc/2447c9/ and elderly in the Vojno prison facility, municipality of Mostar, which were committed in furtherance of the system to maltreat and persecute Bosniaks in which Mirko Vracevec and such as the unlawful arrest and det:enl:ign elderly woman 10. During the period from July 1993 until March 1994, Mirko Vracevi6, as member of the HVO and in his capacity as camp guard of the Vojno prison facility, is responsible for planning, committing, instigating, or otherwise aiding and abetting the unlawful deportation of Bosnian male from the HVO­ run Heliodrom camp and their unlawful detention in the premises of the Vojno prison facility, which were committed in furtherance of the system to maltreat.
Recommended publications
  • Dissertation Full Draft 06 01 18
    UNIVERSITY OF CALIFORNIA SAN DIEGO “Nothing is Going to be Named After You”: Ethical Citizenship Among Citizen Activists in Bosnia-Herzegovina A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Anthropology by Natasa Garic-Humphrey Committee in charge: Professor Nancy Postero, Chair Professor Joseph Hankins Professor Martha Lampland Professor Patrick Patterson Professor Saiba Varma 2018 Copyright Natasa Garic-Humphrey, 2018 All rights reserved. The Dissertation of Natasa Garic-Humphrey is approved, and it is acceptable in quality and form for publication on microfilm and electronically: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Chair University of California San Diego 2018 iii To: My mom and dad, who supported me unselfishly. My Clinton and Alina, who loved me unconditionally. My Bosnian family and friends, who shared with me their knowledge. iv TABLE OF CONTENTS Signature Page ...................................................................................................................... iii Dedication ............................................................................................................................. iv Table of Contents ....................................................................................................................v
    [Show full text]
  • Memorial of the Republic of Croatia
    INTERNATIONAL COURT OF JUSTICE CASE CONCERNING THE APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. YUGOSLAVIA) MEMORIAL OF THE REPUBLIC OF CROATIA APPENDICES VOLUME 5 1 MARCH 2001 II III Contents Page Appendix 1 Chronology of Events, 1980-2000 1 Appendix 2 Video Tape Transcript 37 Appendix 3 Hate Speech: The Stimulation of Serbian Discontent and Eventual Incitement to Commit Genocide 45 Appendix 4 Testimonies of the Actors (Books and Memoirs) 73 4.1 Veljko Kadijević: “As I see the disintegration – An Army without a State” 4.2 Stipe Mesić: “How Yugoslavia was Brought Down” 4.3 Borisav Jović: “Last Days of the SFRY (Excerpts from a Diary)” Appendix 5a Serb Paramilitary Groups Active in Croatia (1991-95) 119 5b The “21st Volunteer Commando Task Force” of the “RSK Army” 129 Appendix 6 Prison Camps 141 Appendix 7 Damage to Cultural Monuments on Croatian Territory 163 Appendix 8 Personal Continuity, 1991-2001 363 IV APPENDIX 1 CHRONOLOGY OF EVENTS1 ABBREVIATIONS USED IN THE CHRONOLOGY BH Bosnia and Herzegovina CSCE Conference on Security and Co-operation in Europe CK SKJ Centralni komitet Saveza komunista Jugoslavije (Central Committee of the League of Communists of Yugoslavia) EC European Community EU European Union FRY Federal Republic of Yugoslavia HDZ Hrvatska demokratska zajednica (Croatian Democratic Union) HV Hrvatska vojska (Croatian Army) IMF International Monetary Fund JNA Jugoslavenska narodna armija (Yugoslav People’s Army) NAM Non-Aligned Movement NATO North Atlantic Treaty Organisation
    [Show full text]
  • Naletilic and Martinovicsta
    Trial Chamber I Sentencing Judgement Statement 1. Trial Chamber I, Section A is sitting today to deliver the judgement in the trial of Vinko Martinovic and Mladen Naletilic. 2. For the purposes of this hearing, the Chamber will summarise briefly its findings , emphasising that this is a summary only, and that the only authoritative account of the Trial Chamber’s findings, and of its reasons for those findings, is to be found in the written judgement, copies of which will be made available to the parties and to the public at the conclusion of this hearing. 3. Before turning to the merits, the Chamber wishes to thank the legal support team, the translators and interpreters, the Court Management Section and the Victim and Witnesses Section for having facilitated the conduct of this trial. JUDGE DIARRA 4. The Indictment concerned events alleged to have occurred between April 1993 and January 1994, in the course of a conflict between the Army of Bosnia and Herzegovina and the Croat Defence Council in the South-western part of Bosnia and Herzegovina , and in particular, in Mostar and the surrounding municipalities. The Prosecution alleged that this conflict was international in nature and that the alleged crimes were part of a widespread, large-scale or systematic attack directed against the Bosnian Muslim population. 5. The accused Mladen Naletilic and Vinko Martinovic have been charged with having committed crimes against humanity, grave breaches of the Geneva Conventions of 1949 and violations of the laws or customs of war in their positions as commanders of the Convicts’ Battalion and of the Vinko Skrobo ATG respectively.
    [Show full text]
  • Vina Croatia
    Wines of CROATIA unique and exciting Croatia as a AUSTRIA modern country HUNGARY SLOVENIA CROATIA Croatia, having been eager to experience immediate changes, success and recognition, has, at the beginning of a new decade, totally altered its approach to life and business. A strong desire to earn quick money as well as rapid trade expansion have been replaced by more moderate, longer-term investment projects in the areas of viticulture, rural tourism, family hotels, fisheries, olive growing, ecological agriculture and superior restaurants. BOSNIA & The strong first impression of international brands has been replaced by turning to traditional HERZEGOVINA products, having their origins in a deep historic heritage. The expansion of fast-food chains was brought to a halt in the mid-1990’s as multinational companies understood that investment would not be returned as quickly as had been planned. More ambitious restaurants transformed into centres of hedonism, whereas small, thematic ones offering several fresh and well-prepared dishes are visited every day. Tradition and a return to nature are now popular ITALY Viticulture has been fully developed. Having superior technology at their disposal, a new generation of well-educated winemakers show firm personal convictions and aims with clear goals. The rapid growth of international wine varietals has been hindered while local varietals that were almost on the verge of extinction, have gradually gained in importance. Not only have the most prominent European regions shared their experience, but the world’s renowned wine experts have offered their consulting services. Biodynamic movement has been very brisk with every wine region bursting with life.
    [Show full text]
  • Justice, Accountability and Social Reconstruction: an Interview Study of Bosnian Judges and Prosecutors Laurel E
    Berkeley Journal of International Law Volume 18 | Issue 1 Article 3 2000 Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors Laurel E. Fletcher Berkeley Law Harvey M. Weinstein Recommended Citation Laurel E. Fletcher and Harvey M. Weinstein, Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors, 18 Berkeley J. Int'l Law. 102 (2000). Link to publisher version (DOI) This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of International Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors By The Human Rights Center and the International Human Rights Law Clinic, University of California, Berkeley, and the Centre for Human Rights, University of Sarajevo I. PREFACE This study of judges and prosecutors in Bosnia and Herzegovina (hereinaf- ter "BiHl") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship be- tween justice, accountability and reconstruction in the former Yugoslavia.1 The Human Rights Center conducts interdisciplinary research on emerging issues in international human rights and humanitarian law. The International Human Rights Law Clinic at the University of California, Berkeley School of Law (Boalt Hall) and the Centre for Human Rights at the University of Sarajevo collaborated with the Human Rights Center to conduct this study.
    [Show full text]
  • BOSNIA and HERZEGOVINA Copyright © UNDP 2009, All Rights Reserved
    ASSESSMENT OF DEVELOPMENT RESULTSBOSNIA AND EVALUATION OF UNDP CONTRIBUTION HerZEGovina Evaluation Office, May 2009 United Nations Development Programme REPORTS PUBLISHED UNDER THE ADR SERIES Afghanistan Jamaica Argentina Jordan Bangladesh Lao PDR Barbados Montenegro Benin Mozambique Bhutan Nicaragua Bosnia & Herzegovina Nigeria Botswana Rwanda Bulgaria Serbia China Sudan Colombia Syrian Arab Republic Republic of the Congo Tajikistan Egypt Ukraine Ethiopia Uzbekistan Guatemala Turkey Honduras Viet Nam India Yemen EVALUATION TEAM Team Leader Evelyn Bazalgette Team Members Alain Thery Ozren Runic EO Task Manager and Team Member Vijayalakshmi Vadivelu EO Research Assistant Tega Shivute ASSESSMENT OF DEVELOPMENT RESULTS: BOSNIA AND HERZEGOVINA Copyright © UNDP 2009, all rights reserved. Manufactured in the United States of America. Printed on recycled paper. The analysis and recommendations of this report do not necessarily reflect the views of the United Nations Development Programme, its Executive Board or the United Nations Member States. This is an independent publication by UNDP and reflects the views of its authors. Design: Green Communication Design inc. FOREWORD The Evaluation Office of the United Nations faces numerous challenges, including tackling Development Programme (UNDP) conducts poverty, reducing unemployment, strengthening independent evaluations of UNDP contributions the capacities of public management institu- to development results through its country pro- tions, controlling fiscal deficit and harmonizing grammes. These evaluations are titled Assessment complex administrative structures. of Development Results (ADR). An ADR evalu- ates the relevance and strategic positioning of The international community, including the UNDP support and contributions to a coun- various UN agencies, have played an important try’s development over a specified period of role in the country’s reconstruction and develop- time.
    [Show full text]
  • Chapter 1: Ethnic Cleansing and the Plight of Refugees
    CHAPTER 1 ETHNIC CLEANSING AND THE PLIGHT OF REFUGEES The War in Outline 1.1 War broke out in the former Yugoslavia in 1991 as a result of rising nationalism exploited in the first instance by President Milosevic of Serbia and taken up with a vengeance by President Tudjman of Croatia. Tito had subdued nationalist and ethnic rivalries and fears by carefully crafted federal arrangements designed to balance the ethnic groups within Yugoslavia. 1.2 Beginning in Kosovo in 1987, Milosevic abandoned caution in the pursuit of political advantage and his actions led first to the dissolution of the federal political structure and then to secession first by Slovenia, then Croatia and then Bosnia. Slovenia and Croatia embraced independence eagerly; Bosnia was left no choice. 1.3 In response to the claims of the Croatian and Slovenian republics for independence, Serbia went to war. The war in Slovenia lasted only a matter of weeks and in Croatia approximately six months, between July and December 1991. Slovenia, homogeneous in its ethnic population, separated relatively unscathed; Croatia lost a third of its territory to rebel Croatian Serbs backed by the Yugoslav National Army (JNA), 10,000 people were killed, hundreds of villages were destroyed and 250,000 people were driven from their homes. 1.4 The European Community recognised Croatian independence on 15 January 19921 at the same time that Croatia accepted a peace plan brokered by Cyrus Vance, the UN Special Envoy. Four sectors, UN Protected Areas (UNPAs), were established inside Croatia, monitored by 14,000 UN troops. In May and August 1995 three of these four sectors were retaken by Croatian forces, causing almost the entire Serbian population of the region (over 200,000 people) to flee.
    [Show full text]
  • ASD-EAST for RIPS and Roehampton
    ASD-EAST: Empowering and supporting teachers to work with autism in Eastern Europe David Preece Ivana Lessner Lištiaková University of Northampton Content of session • Rationale for and outline of project • Mapping activity undertaken • Findings of mapping • Implications for training materials • Work still to do 2018-1-UK01-KA201-047872 ASD-EAST project – rationale • Autism is a lifelong condition affecting approximately 1% of the population • Education has been identified as a key intervention for this group, and meaningful access to effective education is crucial • Due to the diverse nature of autism, no single educational intervention is effective or appropriate for all: therefore teachers need a range of appropriate skills and strategies • A particular need for support has been identified within Eastern Europe and the Balkans, where there are significant training and developmental needs • Therefore this 2-year EU-funded project (Sept 2018-Aug 2020) has been developed 2018-1-UK01-KA201-047872 ASD-EAST project - objectives • Undertake initial mapping activity to identify • country-specific and Europe-wide good practice • developmental needs with regard to the effective educational inclusion of children on the autism spectrum in Croatia, North Macedonia and Poland • Develop locally appropriate training and materials for specialist educators to support the educational inclusion of primary-age children on the autism spectrum (in both special education and mainstream/inclusive settings) • Use these materials to: • pilot the training with
    [Show full text]
  • United Nations
    UNITED NATIONS International Tribunal for the Case No. IT-01-48-T Prosecution of Persons Responsible for Serious Violations of Date: 16 November 2005 International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 Original: English IN TRIAL CHAMBER I, SECTION A Before: Judge Liu Daqun, Presiding Judge Florence Ndepele Mwachande Mumba Judge Amin El Mahdi Registrar: Mr. Hans Holthuis Judgement of: 16 November 2005 PROSECUTOR v. SEFER HALILOVIĆ JUDGEMENT The Office of the Prosecutor: Mr. Philip Weiner Ms. Sureta Chana Mr. David Re Mr. Manoj Sachdeva Counsel for the Accused: Mr. Peter Morrissey Mr. Guénaël Mettraux I. INTRODUCTION..........................................................................................................................1 A. THE ACCUSED SEFER HALILOVIĆ.................................................................................................1 B. OVERVIEW OF THE CASE AGAINST SEFER HALILOVIĆ..................................................................1 II. GENERAL CONSIDERATIONS REGARDING THE EVALUATION OF EVIDENCE ...4 III. APPLICABLE LAW...................................................................................................................8 A. LAW ON ARTICLE 3 OF THE STATUTE...........................................................................................8 1. General Requirements of Article 3 of the Statute....................................................................8 (a) The Existence of an Armed Conflict and Nexus of the Alleged Crimes with the
    [Show full text]
  • Yugoslav Wars 1991-1999 and Some of Their Social Consequences
    PART I WAR AND LOSSES Yugoslav Wars 1991-1999 and Some of Their Social Consequences Borislav Radovic (Translated by Jelena Antonijevic) Abstract This paper primarily intends to provide a brief introduction into the causes, chronology and context of the Yugoslav wars 1991 – 1999. It is worth mentioning that this overview has been inevitably abridged, since Yugoslav wars, due to their extreme complexity and tremendous abundance of events, require a separate extensive study. The second part of the paper attempts to point out the specific features of Yugoslav wars, which distinguish them from other wars, which is a widespread practice of ethnic cleansing, great number of improvised prison camps and places of detention and strong reliance on paramilitary formations by all warring sides. Third part represents an attempt to determine the correct number of those killed and missing in the Yugoslav wars. This chapter stresses the difficulties of establishing correct numbers, not only because incomplete and often conflicting material sources, but also due to political manipulations with the number of casualties. Therefore this paper ends with an appeal to finally determine the exact number of casualties, not only for the sake of numeric end to the Yugoslav wars and prevention of various manipulations, but also for the sake of piety and respect for the victims. 25 TORTURE IN WAR: CONSEQUENCES AND REHABILITATION OF VICTIMS POLITICAL AND HISTORICAL INTRODUCTION INTO THE WARS IN FORMER YUGOSLAVIA 1991-1999 There is a variety of conflicting opinions about the causes of disintegration of the Socialist Federal Republic of Yugoslavia. Besides, there are opposing views regarding whether the disintegration of this state was inevitable or it could have been avoided.
    [Show full text]
  • Naletilić & Martinović
    NOT AN OFFICIAL DOCUMENT CASE INFORMATION SHEET “TUTA & ŠTELA” (IT-98-34) NALETILIĆ & MARTINOVIĆ MLADEN NALETILIĆ Founder and commander of the Bosnian Croat “Kažnjenička Bojna” (Convicts’ Battalion), a 200 to 300-strong body of soldiers based around Mostar in south-eastern Bosnia and Herzegovina - Sentenced to 20 years’ imprisonment Convicted of: Torture; wilfully causing great suffering or serious injury to body or health; unlawful transfer of a civilian (grave breaches of the Geneva Conventions) Unlawful labour; wanton destruction not justified by military necessity; plunder of public or private property (violations of laws or customs of war) Persecutions on political, racial and religious grounds; torture (crimes against humanity) Naletilić repeatedly committed torture and cruel treatment, and wilfully caused great suffering, in Doljani, at the Tobacco Institute in Mostar and at the Heliodrom detention centre west of Mostar. For instance, on one occasion Naletilić personally beat a young man named Zilić on the genitals and the face, then allowed his men to further beat Zilić; in another instance, Naletilić tortured a 16-year old detainee by threatening to kill him if he did not provide information. He ordered the destruction of all Bosnian Muslim houses in Doljani on 21 April 1993. He forcibly removed approximately 400 Bosnian Muslim civilians from Sovići and Doljani on 4 May 1993. Troops under Naletilić's command looted private property of Bosnian Muslims in Mostar. VINKO MARTINOVIĆ Commander of the “Mrmak” or “Vinko Škrobo” unit
    [Show full text]
  • Articles on the Constitutional Court of the Federation of Bosnia and Herzegovina from the American Bar Association Journal)
    Council of Europe Conseil de l'Europe * ★ * ★ ★ ★ ★ ★ ★ * ★ * COE273057 Strasbourg, 12 June 1996 Restricted <s:\cdMocV(96)4:dM0.pdg> CDL (96) 40 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW INFORMATION ON THE SITUATION OF THE JUDICIARY IN THE FEDERATION OF BOSNIA AND HERZEGOVINA (Articles on the Constitutional Court of the Federation of Bosnia and Herzegovina from the American Bar Association Journal) This document will not be distributed at the meeting. Please bring this copy. Ce document ne sera plus distribué en réunion. Prière de vous munir de cet exemplaire. 2- >/23/96 FRI 17:51 FAX ABA CEELI COVER STORY / INTERNATIONAL LAW Prelude to Justice Sarajevo. It is a city of contradictions. It was the scene of the assassination of Archduke Ferdi­ nand. which history credits as being a catalyst for World War I. It also was the scene for the 1984 Winter Olympics, where skaters Katarina Witt and Scott Hamilton thrilled audiences worldwide. With training from U.S. lawyers, Lately, it has been the scene where the rule oflaw is nowhere to be found. justices on a new Constitutional The rule oflaw. It is a phrase we Americans accept as a given because we are accustomed to settling our disputes under it. It is a concept that Court will try to establish the rule cannot be fully appreciated until one sees its absence. of law in war-torn Bosnia. Such is the case in Bosnia-Herzegovina. Lawyers there, having spent their lives under communism, are rapidly having to learn our sys­ BY GARY A. HENGSTLER tem of justice, ail while trying to help the nation extricate itself from a war not of its choosing.
    [Show full text]