BOSNIA and HERZEGOVINA PROSECUTOR's OFFICE BIH SARAJEVO Reference Number: KT-RZ-39/05 Sarajevo, 22.03.2006

BOSNIA AND HERZEGOVINA PROSECUTOR'S OFFICE BIH SARAJEVO Reference number: KT-RZ-39/05 Sarajevo, 22.03.2006.

COURT OF BOSNIA AND HERZEGOVINA SARAJEVO - Preliminary Hearing Judge -

Pursuant to Article 35, paragraph 2, sub-item h) and Article 226, paragraph 1 ofthe Criminal Procedure Code ofBosnia and Herzegovina, I ) hereby file the

INDICTEMENT

against:

DRAGAN DAMJANOVIG, son of Boro and mother Nada, nee Ristovic, born on 23 November 1961, in Sarajevo, residence in Bije/jina, street 27. marta No. 47, Serb by ethnicity, citizen of Bosnia and Herzegovina, PIN: 2311961174360, no previous convictions, apprehended on 06.12.2005, at 21.00 hours, currently in custody in the Penitentiary Unit "Kula" in Istocno Sarajevo, as per Decision of the Court of BiD, number: X- ) KRN/05/51 of 3 March 2006, with maximum duration of custody until April 5, 2006.

Because

In the period from July 1992 to the end of January 1993, in the framework of a widespread systematic attack by the RS Army - VRS against the Bosniak civilian population ofthe Vogosca Municipality and its neighbouring villages, with knowledge of such an attack, he committed murders, tortures, rapes, enforced disappearance of persons, and other ""'''''''''''~'~;=::7''''P'''''''~ ~.p ~~I'~ ..,~Q 'ft... $ ~ ff;:r : Namgalija menita ~ SARI\JEVO < PURL: https://www.legal-tools.org/doc/37690b/, .~'"q",. --. ..&«<.~ 2

. inhumane acts, intentionally perpetrated so as to cause great suffering, i.e. serious injury to body and health, whereby consequently:

1. During the month of July 1992, after around 20 Bosniak civilians, previously detained at the camp "Bunker" in Vogosca Municipality, were taken to the Reljevo site, near the tUG hill for forced labour so as to peiform heavy physical labour comprising road construction for members the Serb Damjanovic separated five persons from the Urtl'UD.

and took them by truck to the front line at tuc, where he executed them,

2. During the month of July 1992, together with a person known as Mico Chetnik, Damjanovic came to a in the street of Skender ) Kulenovic No. 73, Vogosca Municipality, took out of the building, hand tied him with wire, and forcibly seated him in the vehicle and drove him in an unknown direction, only to return shortly afterwards to the building and take in the exact same manner in an unknown direction, and ever since both disappeared without trace,

3. On an undetermined date in the month of July 1992, while armed, Dam~ to the place Svrake, Vogosca Municipality, in front of the __ house in the street Podgaj No. 45, ill-treating and beating him andforcing him to darice in front ofhim and repeat the words "Alija-balija ", putting a knife under his throat and threatening him that he was not allowed to go anywhere as he would come the next day at the same time, and indeed he did return to his house the following day, stoppedfor a moment and continued some 50 or 60 meters further to the house of" i) in front of which he met him and his wife and lnslue the house, which they obeyed by moving to the entrance door, only to fire at them in one rapid succession from an automatic rifle inflicting upon them peiforating wounds to which they succumbed on the spot,

4. On 30 August 1992, in Ravne, Vogosca Municipality, where prisoners from the camp "Planjina kuca" we~orced labour tasks, he approached prisoners .-.and _ _ . insUlting them by using a derogative name for Muslims, i.e. "Balija ", and after food was distributed to prisoners,. he ordered the prisoner to sit in front of him, pulling a knife from the sheath and cutting face, engraving a cross in the form of a cut

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across his nose and above eyebrows, with blood from the cuts running down "face, and then ~... ~{o ..;,"".· to place a food plate in front so that the blood would run down into food plate and forcing him to eat the blood-soakedfood,

halfof September 1992, jointly with and in the evening hours, Damjanovic came armed in front ofthe located in the street Stara ieljeznicka stanica No. Vogosca Municipality, first broke in through the front door and came upstairs where they found and his wife and then abused them and them with and arms and various objects all over their bodies, as a result ofwhich was covered in blood and collapsed more than once, in addition to extorting the money and gold which the two were forced to in, after which the accused Dragan Damjanovic forcibly took into another room, where he ordered her to prepare the bed and after which he forced her into a sexual intercourse under coercion,

6. In the period from August 1992 to February 1993, on several occasions, Damjanovic came to the camp "Plarifina kuca" in Semizovac, Vogosca Municipality, where prisioners were Bosniak civilians from the areas of Vogosca, Nahorevo, Hadiici, IlijaS, Sokolac and other places, whom he abused and beat together with other and particularly beat and abused the prisoners and _ taking prisoners to perform forced labour at the front line by digging trenches for Serb soldiers, carrying ammunition, chopping up and carrying wood, as well as other works, while insulting them by calling them "Balija", swearing their Balija mother, physically abusing and hitting and kicking them all over their bodies with arms and legs, rifJle butts and wooden batons, taking prisoners to be used as "human shield" as a result of which a greater number of prisoners were wounded, and some were killed at the front line or died of wounds. On one occasion, while performing forced labour at the "Golo brdo ", Vogosca Municipality in a brutal manner he deprived oflife certain from Bioca,

7. On an undetermined day in January 1993, from the camp "Planjina kuca ", Damjanovic took out the prisoner Professor who was already beaten and in a very serious condition due to in the camp by camp and Serb soldiers, and together with some other prisoners Damjanovic took him to perform forced labour in Jeftici at the house ofRajko Bunjevac, A~ '" . t,-P f",(j', IIt,:;'f> '~~ 7,.1 '; Namgalija Dtenila 't. SAnAJEVO . PURL: https://www.legal-tools.org/doc/37690b/.,.,-" .:: ..,. ,~ ~.,-,("0,_ -G.~;9 4

abused _ by having him lie on the snow while in such serious condl1ion and engraving a cross on his forehead by a bayonet, due to which blood was running down .... face, after which he was, together with other prisoners, brought to the house of Bunjevac Rajko, where Damjanovic separated him and took him not too far from the house where he deprived him of his life. _was found dead the following day, in the nearby bushes with a perforating wound in the region oftemple,

Thus, as a part of the widespread and systematic attack against the civilian Bosniak population of the Municipality of Vogosca, with knowledge of such an attack as a member of the RS Army - VRS, he committed murders, enforced disappearance ofpersons, tortures and other . inhumane acts, intentionally committed so as to cause great suffiring, or serious injury to body and physical and mental health, ) whereby in the acts described in the counts 1 through 7 of the enacting clause of the Indictment he committed the criminal offinse of Crimes Against Humanity under Article 172, paragraph 1 of the Criminal Code ofBosnia and Herzegovina:

1. per Item a) in respect ofCount 1) ofthe Indictment, 2. per Item i) in respect ofCount 2) ofthe Indictment, 3. per Item a) and J) in respect of Counts 3) and 7) of the Indictment, 4. per Item J) in respect ofCount 4) ofthe Indictment, 5. per Item J) and g) in respect ofCount 5) ofthe Indictment, 6. per Item h) andJ) in respect ofCount 6) ofthe Indictment.

, ) Therefore,

I hereby move the Court to

l) Schedule and conduct the main trial and to summon the attendance ofthe following persons:

Prosecutor ofthe Prosecutor's Office ofBiH,

the accused Dragan Damjanovic, currently in the Detention Unit of the Correctional and Penitentiary Facility KPD "Kula" Istocno Sarajevo,

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as well as his Defence Counsel Miodrag Stojanovic, attorney-at-law from Bijeljina;

II) Receive evidence as follows:

a) To hear the following persons as witnesses: 1.

1/.

5. ) 6.

10.

11.

12.

13. u. 15.

16.

17.

18.

19.

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20.

21.

22.

23.

24.

25.

26.

27. ) 28.

29.

30.

31.

32.

33.

34.

) 35.

36.

37.

38.

39. ~""M!!fP.!~~~~ ~"7:!!'Del·t. Certified Court Expert.

40. Dr Dobraca Ilijas,jorensic expert, Certified Court Expert

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To inspect the following evidence:

41. Record of questioning of the suspect Dragan Damjanovic, held in premises of the Prosecutor's Office of BiH No. KT-RZ-39/05 of 27.02.2006;

42. Record on exhumation and autopsy by the Higher Court in Sarajevo number Kri: 95/96, 108/96,117196 and 152/96 of12.11.1996;

43. Record on hearing of expert witnesses Dr· Dobraca Jlijas and Dr Zujo Hamza number Kri: 35/96 and Kri: 1 08/96 of08. 07. 1996;

44. Photo documentation on exhumation, autopsy and identification of8 corpses, location Vogosca, local graveyard Svrake, number: KU 1649/96 dated 11 December 1996, taken by the F MUP CSs, Crime Police Sector ) Sarajevo;

45. Findings and opinion of Hamza Zujo, forensic expert, on the injury ofthe .02.2006;

46. Letter by the Federal Commissionfor Missing Persons number: 01- 41-74/2006 of16.01.2006;

47. Report on the exchange of the State Commission for Exchange of Prisoners of War number: 02-153-630/93 of23.02.1993,·

48. List for exchange of the RS Army VRS - Commission for exchange and release dated 01.02.1993;

49. Letter of the Federal Commission for MISsing Persons number: 01- \} 41-941/2006 of14.03.2006;

50. Excript from the Criminal Record regarding the suspect Damjanovic Dragan number 13-0212-203105 dated 29.12.2005;

51. ID Card recordfrom within the database ofidentification documents for the ID of the suspect Damjanovic Dragan number 8910196 dated 20.07.1996;

52. Official Report of the State Investigation and Protection Agency number: 14-04/2-477-13105 of07. 12. 2005;

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53. Official Note of the State Investigation and Protection Agency number: 14-04/2-477-16/05 of 19.12.2005, with a photo ofthe house in the street BN - T cesta br.25 in Bijeljina;

54. Serb Municipality Vogosca, Prison section, List ofprisoners on the day of03. 09. 1992;

55. State Investigation and Protection Agency SIPA, Record on transfer ofappreh endedper son number: 14-04/2-477-10/05 of06. 12.2005;

56. Record on interviewing the witness the Higher Court in number Ki:271/94 of 26.10.1995, and death certificate 09.02.2006.

) Results ofInvestigation

Results of the conducted investigation undoubtedly establish that the suspect Dragan Damjanovic did commit the criminal offence that he is charged with, i.e. Crime Against Humanity, and that there is sufficient grounded suspicion for the Indictment to be filed

The evidence supporting the charges ofthe indictment are statements ofwitnes~es, eye-witnesses to the events, and ofvictims ofthe very criminal offonce that the suspect is charged with, given to the Prosecutors Office, as well as the statements given to the Investigative Judge at the Cantonal Court in Sarajevo, and other material evidence obtained by this Prosecutors Office.

Based on statements of the examined witnesses and other material evidence herein enclosed, the Prosecutors Office concluded that in the period as described in the enacting clause ofthe Indictment, the RS Army VRS and Serb paramilitary formations undertook a widespread and systematic attack against civilian non-Serb popUlation at the wider area of the Vogosca Municipality and its surroundings, as well as municipalities of Ilijas, HadZici, Sokolac, and the settlement Nahorevo near Sarajevo and other places. During the attack, persecution of civilians and women was conducted, while a great number of adult males was taken prisoners in camps such as the Cultural and Sports Centre HadiiCi hall, premises ofthe Primary School in Bioca at IlijaSa, warehouse of the company "Iskra" in Podlugovi at IlijaS, facility "Bunker" at Sonja in Vogosca, facility Nakina garaia in Krivoglavci at Vogosca, as well as in the house of Miralem

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Planjo in Semizovac known as the "Planjina kuca". During the month of August 1992, prisoners of the mentioned camps were placed in the camp "Planjina kuca" in Semizovac. It is evident from the collected evidence that the suspect Dragan Damjanovic also participated in this attack as a member ofSerb forces from Vogosca.

In the attack, the accused as a member ofSerb forces from Vogosca, as supported by the collected evidence, during the month ofJuly 1992, at the site near the hill of tu6, had separated th~

prisoners of the camp "Bunker ", who were peiforming heavy physical labour and took them in direction of tuc. After he had separated them, Damjanovic forced them on a truck and drove them towards the front line at the hill tu6, a burst offire was heard and the mentioned five never returned to the camp and disappeared without a trace. All the afore mentioned has been confirmed by witnesses, former the camp and to the mentioned incident, i.e.

It can be concluded from statements of the mentioned witnesses that the suspect Dragan Damjanovic committed the criminal act described under Count 1 ofthe enacting clause ofthe indictment.

Evidence in support of Count 2 of the Indictment are primarily statements of witnesses the eye-witnesses to the incident as under Count 2 ofthe enacting clause ofthe indictment. It is evident from these testimonies that the suspect Dragan Damjanovic the month of July 1992, together with a person nicknamed came came to the. building in the street of Skender Kulenovic No. 73, Vogosca Municipality, and lOO,". out of the building, hand tied him with wire, and forced him into into the vehicle and drove him in an unknown direction, only to return shortly nttp.niIJnl"d~ to the building and take in the exact same manner to an unknown site. The mentioned persons never appeared again and are unaccounted for to date.

Furthermore, the Prosecutor's Office concluded in course of the investigation that on an undetermined date in the month ofJuly 1992, the suspect came armed to the place Svrake, Vogosca Municipality, in front of the in the street Podgaj No. 45, he ill-treaed and beat him forcing him to dance in front of him and to repeat the words " :::::==',?=::""

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balga ", putting a knife under his throat. Thereafter he threatened him that he was not allowed to go anywhere as he would come backon the following day at the same time. The suspect returned to his house the following day, stoppedfor a moment and continued some 50 or 60 meters further to the house "Sefer ", where in front he met him and his wife He ordered to go inside the house and they obeyed While moving to entrance door, he fired at them in rapid succession from an automatic rifle without any cause or reason, inflicting them perforating wounds to which they succumbed on the Evidence supporting the allegations are testimonies by who was tortured by the and eye-witnessed the murder of spouses _ .... and . The witness in his statement described the mentioned incidents and the murder ofthe mentioned persons by the suspect. Furthermore, from the Report on exhumation and autopsy ) of the Higher Court in Sarajevo reference number Kri: 95/96, 108/96, 117/96 and 152/96 of12.11.1996, as well as the Report on Interview ofthe Court Experts Dr Dobraca Ilijas and Dr Hamza Zujo number Kri:35/96 and Kri:108/96 of08. 07. 1996, it can be concluded that the death in matter is a violent one caused by a mechanical weapon/item against victims ofthe incident described under Count 3 of the clause of the indictment, i.e. on this, it can be justifiably concluded that the suspect Dragan Damjanovic committed the crime described under Count 3 ofthe indictment.

The investigation also provided the evidence in support ofthe factual allegations described under Count 4 of the indictment, that the suspect Dragan Damjanovic, on 30 August 1992, in the place Ravne, Vogosca Municipality, where prisoners from the camp "Planjina /cuca" were dej?oljved to perform labour, he came to prisoners insulting them by using derogative name for Muslims, i.e. "Balija". And after food was distributed to prisoners, he ordered prisone~o sit in front of him, pulled a knife from the cover and started face, cutting into a cross in the form of a cut across his nose and above eyebrows, while blood was running down his face from the cuts, and then ordered him to place the plate with food so that the blood runs down into the food plate and forced him to eat the blood-soakedfood Evidence that on which Count 4 ofthe indictment is based is primarily the statement of the witness, the victim of this torture ~ as well as the Findings and opinion of Dr Hamza Zujo, permanent court expert, on the injury of the injured party ___ of 27.02.2006.

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Moreover, the Prosecutors Office obtained the evidence to be used as ground for the Coun~ictment. to the statements of the heard witnesses ___ and his wifo it is evident that the suspect in the half of September 1992, together with and in the evening hours, came armed in front of located in the street Stara ze/jeznicka stanica No. 18 in Semizovac, Municipality, first broke through the front door and came to the upper floor where they found his wife and then abused them and /dc,reed them with arms various objects all over their bodies requesting them to surrender money and gold which they had to do. As a result offierce beating_ was covered in blood and collapsed more than once and they .. poured water over him so as to make him come around. After that, the accused Dragan Damjanovic forcibly took into another ) room, where he ordered her to prepare the bed and undress, after which he had forced her into sexual intercourse by the use offorce. Evidence in support of this Count of the indictment are the mentioned statements of victims ofthis incident, i.e. given in the premises ofthe Prosecutor's Office ofBiH, on 16.12.2005.

In the process of collection of evidence, the Prosecutors Office of BiH heard a significant number ofwitnesses who were kept prisoners in the camp "Planjina kuca" and who performed heavy physical labour at the front line. Furthermore, the prisoners of the mentioned camp were in several instances used as the "human shield", tortured and abused by the suspect. Tthe role of the suspect Dragan Damjanovic in the mentioned events can be identified on the bases of statements of these witnesses~. In this regard, the Prosecutors Office obtained the evidence supporting Count 6 of the indictment, according to which in the period between the month of August 1992 to February 1993 the suspect, came on several occasions to the camp "Planjina kuca" in Semizovac, Vogosca Municipality , where Bosniak civilians from the areas of Vogosca, Nahorevo, Hadiic;, IlijaS, Sololac and other places were imprisoned , He abused them and beat them together with other camp guards. He particularly beat and abused the prisoners took prisoners to forced labour at the front line including digging the trenches for Serb soldiers, carrying ammunition, chopping and carrying wood, and performing other works, while at the same time insulting them by calling them "Balija ", swearing their Balija mother, physically abusing and hitting them all over their bodies with arms and legs, riffle butt ,cz.,tr,~.~. e-,-.l

wooden batons, taking prisoners to be used as "human shield" as a result of which afairly large number ofprisoners was wounded, and some were killed at the front line or died ofwounds. In one instance, during theforced labour at the "Golo brdo", Vogosca Municipality he killed certain .. from Bioca in a brutal manner.

The evidence presenting the grounds for the Prosecutor's Office on which to base this Count of the indictment are statements who are victims of the mentioned incident, i.e.

Moreover, the Prosecutor's Office came to a conclusion on the basis which it described a particularly cruel torturing and killing ofProfessor perpetrated by the suspect Dragan Damjanovic. It ensues from the collected evidence that on an un1~_!!!!2Jn January 1993, he took out the prisoner Professor ______from the camp "Planjina kuca", who was beaten and in a very serious health condition due to physical abuse in the camp by camp guards and Serb soldiers, and together with some other prisoners including and'" -. Damjanovic he topk him to forced labour in Jeftici to the house of Rajko Bunjevac, and abused him _ by making him lie in the snow while in such serious health condition and engraving a cross on his forehead by a bayonet., Due to this blood was running down face After this he took him together with other prisoners to the house of Bunjevac Rajko, where he separated him and took him not too far away

I ) from the house where he killed him . ... was found dead on the following day in nearby bushes with a perforating wound in the region of the temple. Evidence supporting Count 7 of the Indictment are primarily statements of witnesses, eye-witness to the mentioned __ .., Also, it is in the report on exchange by the State Commission for Exchange of Prisoners of War number:02-153-630193 of 23.02.1993, that Professor'-'-' was executed by fire arms, as described under Count 7 ofthe Indictment.

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Materials corroborating the Indictment:

1. Records on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-J4/05 dated 28 July 2005 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-44/05 dated 06 December 2005; 2. Records on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-J4/05 dated 25 July 2005 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-62/05 dated 13 December 2005; 3. Records on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-J4/05 dated 25 July 2005 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-44/05 dated 09 December 2005; 4. Records on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 13 2006; 5. Records on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 25 January 2006 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-41/05 dated 05 December 2005; 6. Records on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-J4/05 dated 27 July 2005 and the Record ofthe Higher Court in Sarajevo dated 06 December 1995; i) 7. Record on interviewing the witness Record of the State Protection and Investigations Agency number 17-04/2- 12/06 dated 21 February 2006; 8. Record on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 15 2006; 9. Record on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 13 February 2006; 10.Record on interviewing the Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 09 February 2006; -,;U=M=A~""'Z., 9C,'f. ~r. ,,,;;) ~ ". ff ~ ~ Namga/ija Dien, 0;; \--1,.SARAJEVO PURL: https://www.legal-tools.org/doc/37690b/ · ...... ("n. __ , 14

II.Record on interviewing the witness Record of the State Protection and Investigations Agency number 14-04/2-43/05 dated 05 December 2005; 12.Record on interviewing the witness Record of the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 17 2006; 13.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 17 January 2006; , 14.Record on interviewing the witness ..--,Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 26 2006; 15.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 15 December 2005; 16.Records on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 16 January 2006 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-48/05 dated 17 December 2005; J 7.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 16 December 2005; 18.Record on interviewing the witness Record on the witness interview of the Prosecutor's of Bosnia and Herzegovina number KT-RZ-39/05 dated 16 December 2005; 19.Records on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 14 December 2005 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-40/05 dated 05 December 2005; 20.Record on interviewing the witness the Record of the State Protection and Investigations Agency number 14-04/2-53/05 dated 12 December 2005; 21.Records on interviewing the witness Recor_d on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-14/05 dated 27 July 2005 and the Record ofthe State Protection and Investigations Agency number 14- 04/2-19/05 dated 16 November 2005;

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22.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 23 January 2006; 23.Record on interviewing the witness son offather -. Record on the witness interview ofthe Prosecutor's Office ofBosnia and Herzegovina number KT-RZ-39/05 dated 25 January 2006; 24.Record on interviewing the witness son offather -. Record on the witness interview ofthe Prosecutor's Office ofBosnia and Herzegovina number KT-RZ-39/05 dated 03 February 2006; 25.Record on inten'iewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 27 2006; 26.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina numberKT-RZ-39/05 dated 10 February 2006; 27.Record on interviewing the witness ofthe State Protection and Investigations Agency number 14-04/2-/05 dated 13 December 2005; 28.Record on interviewing the witness Record of the State Protection and Investigations Agency nUln0E1r 14-0412-61/05 dated 09 December 2005; 29.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office .of Bosnia and Herzegovina number KT-RZ-39/05 dated 26 January 2006; 30.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 15 February 2006; 31.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39105 dated 26 2006; 32.Record on interviewing the witness Record on the· witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-14/05 dated 01 August 2005; 33.Record on interviewing the witness Record of the State Protection and Investigations Agency number 14-04/2-52/05 dated 08 December 2005; 34.Record on interviewing the witness Record of the State Protection and Investigations Agency number 17-04/2-30106 dated 07 February 2006;

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35.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 26 January 2006; 36.Record on interviewing the witness Record of the State Protection and InvestiKations /7-04/2-33/06 dated 14 February 2006; 37.Record on interviewing the witness Record of the State Protection and Investigations Agency number 14-04/2-49/05 dated 07 December 2005; 38.Record on interviewing the witness Record on the witness interview of the Prosecutor's Office of Bosnia and Herzegovina number KT-RZ-39/05 dated 22 December 2005; 39.Record on the hearing of the suspect Damjanovic Dragan taken at the Prosecutor's Office ofBosnia and Herzegovina, number KT-RZ- ,> ) 39/05 dated 27 February 2006. 40.Record on the exhumation and autopsy of the Higher Court in Sarajevo, numbers KRI: 95/96, 108/96, 117/96 and 152/96 dated 12 November 1996; 41. Record on interviewing the medical experts Dobraca Ilijas and Zujo Hamza number KRI: 35/96 and KRI: 108/96 dated 08 July 1996; 42.Photo documentation on exhumation, autopsy and identification of8 corpses, location Vogosca, local graveyard Svrake, number: KU 1649/96 dated 11 December 1996, taken by the F MUP CSs, Crime Police Sector Sarajevo; 43.Findings and opinion of medical expert Hamza Zujo, court medical expert, on the injury of the impaired dated 27 February 2006; 44.Letter of the Federal Commission for Missing Persons number 01- , ) 41-74/2006 dated 16 January 2006; 45.Report on the exchange by the State Commission for Exchange of War Prisoners number 02-153-630/93 dated 23 February 1993; 46. List for the exchange of the Army of RS - Comission for exchange and release dated 01 February 1993; 47. Letter of the Federal Commission for Missing Persons number 01- 41-941/2006 dated 14 March 2006; 48. Excript from the Criminal Record regarding the suspect Damjanovic Dragan number 13-02/2-203/05 dated 29 December 2005; 49. The ID card record for the suspect Damjanovic Dragan number 8910/96 dated 20 July 1996; 50. Official Report of the SIPA number 14-04/2-477-13/05 dated 07 December 2005;

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51. Official Note of the State Protection and Investigations Agency number 14-0412-477-16/05 dated 19 December 2005 with the photo ofthe at the address: BN- T cesta 25 in Bijeljina; 52. Serb Municipality Vogosca, Prison ward, List ofprisoner on the day of03 September 1992; 53.SIPA, Record on transfer of the person deprived of liberty number 14-04/2-477-10105 dated 06 December 2005; 54. Record on interview ofthe witness before the Higher Court on Sarajevo, number Ki. 271194 dated 26 October 1995 and the Death Certificate of 09 February 2006.

MOTION TO EXTEND CUSTODY ) Pursuant to Article 227, paragraph 3 and 137, paragraph 1 of the CPC BiH, the Prosecutor's Office of Bosnia and Herzegovina hereby proposes that custody against the suspect Damjanovi6 Dragan be extended upon confirmation of the Indictment, for the reasons prescribed under Article 132, paragraph 1, items a), b) and d) ofthe CPC BiH. With regard to the reasons prescribed under Article 132, paragraph 1, item a) of the CPC BiH, the Prosecutor's Office of BiH emphasizes the risk of flight ofthe suspect in case he is released from custody. In fact, The Appeal Panel ofthe Court ofBosnia and Herzegovina, in the decisions number X KRN-05151 dated 18 J,anuary 2005(sic), and 15 March 2006, upon the appeals against the decisions ordering custody during the investigation, established that the suspect failed to respect the legal provision prescribing the obligation to inform the authorities about temporary residence and the .) change ofthe place ofresidence.

Taking into account the fact that the suspect was unavailable to the prosecution authorities ever since the warrant was issued on 04.01.2002 up until the apprehension by SIPA officers on 06.12.2005, this indicate that the suspect was hiding. On the other hand, during this period the suspect was not staying in Vogosca at the address ofhis reported residence nor did he inform the competent authorities of the new place of residence in Bijeljina. The suspect is also not registered in the CIPS data base, while the last identification document issued under the name of the suspect is the ID card record, issued by the SJB (Public Security Station) Bijeljina on 20.07.1996. Furthermore, the Prosecutor's QlJice stresses that the w ,'" cZ;;'2;(> . .:,fJ ~ i!" € Namgalija Dzenita ~ , ~ SAflA.lEVO 'c' PURL: https://www.legal-tools.org/doc/37690b/~-s;.._ _~c~~~ 18

against the suspect had been in place for more than three years prior to the suspect being found, and it took considerable time for SIPA officers to locate the suspect based on the intelligence, as well as to determine that he is residing in Bijeljina. All the afore mentioned circumstances lead to the conclusion that the suspect was hiding, i.e. that there is the possibility of flight of the suspect, should he be released Moreover, given that the investigation is concluded and the suspect faced with charges for which he could be sentenced to not less than 10 years and long-term imprisonment, if we link this with the afore mentioned, it can be established that the possibility of the flight of the suspect has increased Given the afore mentioned facts, the Prosecutor's Office submits the requirements for ordering the custody as prescribed by Article 132, paragraph 1, item a) of the CPC BiH have been met.

) As for grounds for custody under Article 132, paragraph 1, item b) of the CPC BiN, the Prosecutor's Office particularly highlights the complex nature ofthe case and that since the apprehension of the suspect the Prosecutor's Office has heard a significant number of witnesses in regard to the criminal offence, whose identity and personal data will be made known to the suspect should the Court confirm the indictment. Furthermore, other persons appearing as accomplices and accessories are currently under investigation, and in these cases the witnesses are the same persons, thus the release of the suspect could result in his influencing accomplices, accessories and witnesses and victims.

This risk that he might influence the witnesses would be considerably increased should the indictment against the suspect be confirmed and identity of witnesses with their personal data and place of residence ) disclosed to him. In such circumstances, there is a risk that the suspect would influence the witnesses should he be released. Therefore, the prosecutor's Office deems that there are grounds for ordering the custody also on the grounds as under Article 132, paragraph 1, item b) of the CPC BiH

Moreover, the Prosecutor's Office of BiH also points that given the gravity of the criminal offence, and the consequences of its execution, in addition to the foct evident from the testimonies of the witnesses heard so far that the suspect particularly stood out by his cruelty while perpetrating the criminal offence that he is charged with. Should the indictment be confirmed, the suspect would face serious charges, and given that the criminal offence in question could result in imprisonment of 10 years,

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ordering ofthe custody against the suspect is necessary for the safety ofthe public as under Article 132, paragraph 1, item d) ofthe CPC BiH.

Based on the foregoing, and taking into consideration the evidence collected after the completion ofthe investigation, the Prosecutor's OffICe believes t/lat there are sufficient evidence to support the existence of the grounded suspicion that the suspect Dragan Damjanovic committed the criminal offence of Crimes Against Humanity under Article 172, paragraph 1 of the Criminal Code of Bosnia and Herzegovina, hence I move the Preliminary Hearing Judge of the Court ofBiH to confirm the indictment.

DEPUTY CHIEF PROSECUTOR ;) Prosecutor's Office ofBiH

Vaso MarinlroviC

Note: I hereby confirm that this document is a true translation of the original written in BosnianlSerbianlCroatian language.

Sarajevo, 31 March 2006 :) Dienita Namgalija Certified Court Interpreter for English language . ~tdldv

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