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SUD BOSNE I HERCEGOVINE CY,Z:\ EOCHE 11 XEPUEfOBHHE Number: X-KR-05/o4 Sarajevo, 11 July 2006 IN THE NAME OF BOSNIA AND HERZEGOVINA Court of Bosnia and Herzegovina, in the Panel comprised of Judges Dragomir Vukoje, as the Presiding Judge, Richard Gebelein and Georges Reniers as (he members of the Panel, with the paJiicipation of Legal Officer Sacir HadZic, as the record-taker, in the criminal case against the accused Boban Simsic, for the criminal offence of Crime against Humanity in violation of Article 172 (I) (h) in conjunction with items a), d), e), f), g), i) and k) of the Criminal Code of Bosnia and Herzegovina (hereinaiier: CC of BiH), deciding upon the Indictment of the Prosecutor's Office of Bosnia and Herzegovina No, KT-RZ-2/05 dated 28 Jnne 2005, confimled on 8 July 2005, following the oral and public main trial a part of which was closed to the public" on II July 2006, in the presence of Ibro Bulie, the Prosecutor of the Prosecutor's Omce of Bosnia and Herzegovina, the accused Boban Simsic in person and his defence counsel Veljko Civsa, an attorney from Sokolac, rendered and publicly announced the following VERDICT The accused BOBAN SIMSIC, son of Slobodan and mother Jelena, nee Mosie, born in Visegrad on 17 December 1967, with permanent residence in the village of Zlijeb at No. 35, Visegrad Municipality, Serb, police officer by occupation, completed secondary education - locksmith, married, father of two minor children, served the military in 1986 in Stip, registered in the military records of the Municipal Department of the Ministry of Defence in Vise grad, has not been decorated, indigent, no previous convictions, no other criminal proceedings pending against him, citizen of BiH, personal ID number 1712967133647, has been held in custody since 24 January 2005 L IS HEREBY FOUND GUILTY j. j- .,- , 1/ PURL: https://www.legal-tools.org/doc/057c2b/ Because During the time of a widespread and systematic attack of the Serb Army, Police, and paramilitary Serb formations directed against the Bosniak civilian population in the territory of the Visegrad Municipality, in the period from April to July 1992, he assisted in the enforced disappearance of persons and assisted in the rape, inasmuch as he S,b) On an undetermined date, in the second half of June 1992, he assisted Milan Lukic and other members of the Serb Army, Police and paramilitary formations in taking away the imprisoned Bosniak civilian, namely Ismet Bulatovic, Semso Poljo, Eniz Smaji6 from the premises of the Elementary School Hasan Veletovac in Visegrad where the civilians were imprisoned, after which they have been unaccounted for; S,e) During the second half of June 1992, at night time the accused singled out girls and young women who were unlawfully held captive in the premises of the Elementary School Hasan Veletovac and took them away in order to procure them to other members of the Serb Army, who carried out multiple rapes, beating and humiliation of several female persons, including Latifa Hodzi6, Pata Sabanovi6, Naila Ahmetagie, nee Ramie, Amira Nuhanovic a,k.a. Dada, Razija Ilurem, Senada Hurcm, Zineta Murtic, Mula Uzicanin, Alma lIafizovic; Therefore, By actions described under Counts S.b) and S.e) of this Verdict, as part of the widespread and systematic attack directed against the Bosniak civilian population, being aware of such attack, he assisted the members of the Serb Army in carrying out enforced disappearance of persons and assisted the members of the Serb Army in coercing another by force or by threat of immediate attack upon his limb to sexual intercourse or an equivalent sexual act (rape), whereby he committed the criminal offence of Crimes against Humanity in violation of Article 172 (1) of the CC of BiH in conjunction with item i) - in relation to the Section 1.5.b) of the operative part - and item g) in relation to the Section LS.e) of the operative part, all in conjunction with Article 31 (Accessory) of the CC of BiH, and therefore pursuant to the quoted legal regulations and applying the provisions of Articles 39, 42. 48, 49, 50 and S6 of the CC of BiH, the Court is hereby SEN TEN C ING II I M To imprisonment of S (five) years which shall include the time the accused spent in custody starting on 24 January 2006 onwards. By virtue of Article 188 (4) of the CPC of BiH, the accused shall be relieved of the duty to reimburse the costs of the criminal proceedings. Pursuant to Article 198 (I) of the CPC of BiH, the injured parties: Nail Ramie. Tbrumsa Agic, Cura Gluscevic, Hedija Hodiic, Naila Ahmetagic, Hasena Bajramovic, Vasvija Gluscevic, Hajrija Kapetanovic, Almasa Ahmetspahic, IIamdo Ahmetspahic. Almir Aljic, Salell):. -,'--:-,-."" Sud Bosne i Hercegovine, Sarajevo, Ill, Kraljice lelene hr. 88; {li-> '., Tete/on ++ 387 33707100: Fax: ++ 387 33707 227 «;~, .. ~"-"':i ",{L,i2// PURL: https://www.legal-tools.org/doc/057c2b/ Ahmetspahic, Ibro Memic, Mula Uzicanin, Fehima Cakic, Sajma Sabanovic, Rusmira Bulatovic, Fatima Poljo, Latita Hodzic, Kada Spahic, Fata Sabanovic, Sevka Sehic, Razija Hurem, Timka Kapetanovic, Hasa Hadzi6 and Ramiza Sabanovic shall be referred to civil action concerning their claims under property law. II. Pursuant to the provision of Article 284 (c) of the epe ofBiH, the accused Boban Simsic IS ACQUITTED OF CHARGES That l.b) On 17 June 1992, together with a group ofseveral members (jfthe Serb Army alld Police, armed with rifles, he participated in the attack and unlawful arrest and incarceration of several dozens of civilians from the village of Zlijeb, amongst whom there were women. children and men, having /irst fired rifles at the Bosniak houses, ({fter which they ordered them to leave their hous!!s and property and gather at the location of Carina, where th!!)! crammed them into the trucks and transported to the premises of the Firehouse in Visegrad. where they held them captive; 2. On 18 June 1992, around 10:00 a.m, together, in a group of several members of the Serb Army and Police, armed with rifles, he participated in the attack on the village of Kuka in the Visegrad Municipality, and the arrest and unlawful imprisonment of several dozens of Bosniak civilians, including women, children, and men, by suddenly opening fire from their rifles at the Bosniak houses, setting ablaze the residential and business facilities owned by the Bosniaks, killing Omer Karisik and Redzo Sabanovic after they had previously beaten them up, killing Mirsad Karisik a.k.a. "Kemo" during the attack, and finally taking away all the inhabitants of the Kuka village and incarcerating them in the Elementary School Hasan Veletovac in Visegrad; 3. On 25 July 1992, together, in a group consisting of approximately ten members of the Serb Army and Police, he participated in the attack on the village of Velji Lug in the Visegrad Municipality during which they, armed with rifles, killed Mediha Ahmetspahic, Amela Ahmetspahic, Razija Ahmetspahic, Fata Suceska, Safet Aljic, Latita Ahmetspahic, Smaila Memisevic, set ablaze the houses and business facilities owned by Bosniaks and took away several dozens of the Bosniak civilians, including women, children and men, and unlawfully detained them in the premises of the Elementary School Hasan Veletovac in Visegrad; 4.a) On an undetermined date in the second half of June 1992, he took tive girls and tive young women, including Hedija IlodZi6, out of the room in the Firehouse in Visegrad where the Bosniak civilians were detained, and took them to the adjoining room, beating them first with batons and kicking them together with two Serb soldiers and then, after all the girls and women had stripped naked upon his order, they raped them by turns, which lasted for two;';:',';"':"",,,",,, ,';';«0'E .i;;'i -:' _., Sud Bosne i Hercegovine, Sarajevo, ul. Kraljice Jelene hr. 88: 1~f.J" " Telefoll ++ 38733 707100; Fax: ++ 38733 707227 If::! ~."", t- ,;,'- ~-' i\n ,: PURL: https://www.legal-tools.org/doc/057c2b/ three hours, on which occasion Hedija Hodzic sustained injuries to her head in the form of haematomas and bumps as well as injuries to genitals in the form of bleeding; 4.c) On 18 June 1992, together with Milan Lukic, he singled out the following Bosniak civilians from the room in the Firehouse in Visegrad in which they were previously unlawflllly incarcerated: Mujo Gluscevic, Hasan Gluscevic, Hasib Gluscevic, Meho Agic, Emin Agic, Meho Softic, Samir Softic, Mustafa Sabanovic, Avdija Nuhanovi6, Sead Hodzii', Adem Kozic, Dzelal Hodzi6, Dzevad Hodzic, Salko Suceska, Huso Bulatovic, Husein Vilic, Hamed KeSmer, Ibrahim Kdimer and took them to a location in the immediate vicinity of the Firehouse, since when they have been unaccounted tor with the exception of Mujo Gluscevic, Ibrahim Kesmer, Hamed Kesmcr, Samir Softic, Emin Agic, Hasib Gluscevic, Sead Hodiii', Huso Blllatovic, Dzelal Hodzic and Adem Kozic whose corpses were found during the exhlllnation at the location ofSlap-Zepa; 5. In the second half of the month of Junc 1992, while performing the duty of thc guard in charge of the Bosniak civilians imprisoned in the premises of the Elementary School Hasan Veletovac in Visegrad, several hllndreds of them, inc1llding women, children and men, on his own and together with other members of the Serb Army, Police and paramilitary tonnations, he participated in killings, torture, intliction of severe physical or mental pain, appropriation of private property, coercing girls and young women to sexual intercourse in as much as he: 5.a) In the night of 28 June 1992, he and Milan Lukic killed Ibro Sabanovic, a Bosniak

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