Republic of Office of the War Crimes Prosecutor

HIGHER COURT IN BELGRADE WAR CRIMES CHAMBER

14 December 2010

Pursuant to my authority under articles 46 (2.3), 265 (1) and 266 of the Criminal Procedure Act, and under articles 3 and 4 (2) Act on Organization and Competence of State Authorities in War Crimes Proceedings, I herein raise the

INDICTMENT

Against the accused:

1. Koviljko LOVRE, born on 4 January 1954 in Hotkovci, Glamoč municipality, BH, residing in , a Serb, completed compulsory army service in Priština in 1982, married, father of two, with a doctorate in economic sciences, employee of the Faculty of Economy in Subotica, without prior convictions, provisionally released.

2. Mlađen MARJANOVIĆ, aka “Cindap”, born on 25 October 1953 in Krnja Jela, Bosanski Petrovac municipality, BH, residing in Maglić, a caterer, owner of “Cindap” catering facility in Maglić, married, father of two, without prior convictions, provisionally released.

3. Vinka MARJANOVIĆ, born on 11 March 1955 in Hotkovci, Glamoč municipality, BH, residing in Maglić, senior administrative officer, head of the Local Office in Maglić, mother of two, without prior convictions, provisionally released.

4. Slobodan KOPRIVICA, born on 29 April 1946 in Dobro Polje, Gacko municipality, BH, residing in , widower, father of one, unskilled worker, employee of the High School for Agriculture in Futog, without prior convictions, provisionally released.

5. Milorad KOPRIVICA, born on 28 March 1953 in Futog, Novi Sad municipality, residing in Futog, metalworker, married, father of two, without prior convictions, provisionally released.

1 PURL: https://www.legal-tools.org/doc/e8c88b/ 6. Nikola TEPIĆ, born on 6 April 1951 in Smederevo, residing in Pančevo, a sales specialist, married, father of four, without prior convictions, provisionally released. ALLEGATIONS AND CHARGES:

In the period from May 2002 to 11 June 2008, in the areas of Novi Sad, Bački Petrovac, Subotica, Pančevo and Belgrade, the abovementioned individuals of sound mind and aware of their willing actions and illicit nature of those actions, hid Stojan Župljanin. Stojan Župljanin is a perpetrator of crimes against humanity and other values protected by international law. He is under an ICTY indictment from 17 December 1999, published on 13 July 2001. The District Court in Belgrade issued a warrant against him on 9 May 2002 under accusations for incitement of murder, eradication, inhumane acts, deportation and forceful displacement, reckless destruction and devastation of towns and villages, which was not militarily justified, destruction or willful damaging of religious structures.

The aforementioned actions are incriminated under Articles 142 (1) and 144 (1) of the SFRY Criminal Act. For those criminal acts, a forty-year prison sentence is proscribed.

The accused individuals, personally or through other persons, were hiding him and provided shelter in their houses, apartments or weekend houses, or helped in other ways and prevented his discovery and arrest by law enforcement authorities. They supported him personally, or financially, sent him clothes and other necessities, assisted in acquiring false identification documents, kept communicating with him, informed him about measures and actions taken by law enforcement authorities for his discovery and capture. The accused persons communicated with other individuals to enable his escape, organized secret meetings with members of his family or for him to spend time with his family in hiding places. They have also organized secret meetings, celebrations or dinners with old friends, introduced him with new friends of both sexes, transported him in their vehicles from one place to another facilitating easier hiding, and by doing so obstructed the state’s organs in finding and capturing Stojan Župljanin.

Whereby they would have been responsible for the following acts:

The accused, Koviljko Lovre

In the period from 9 May 2002 to the end of January 2005; a) In the village of Maglić, the accused hid Stojan Župljanin through third parties, by connecting Stojan Župljanin with the accused, Vinka and Mlađen Marjanović. He asked them to give him shelter, which they repeatedly did, hiding him in his family home, providing him with safe accommodation, food, beverage and other normal

2 PURL: https://www.legal-tools.org/doc/e8c88b/ living conditions. b) Upon previous agreement with Stojan Župljanin, the accused communicated with him via letters, in which he would give him advice and notifications about the current political situation and actions undertaken by law enforcement authorities and gave him advice for further hiding. He also enabled Stojan Župljanin a continuous communication through letters with his family members and individuals who assisted him in hiding, by sending the letters through the accused, Milorad Koprivica, or witness B. R., who forwarded those letters to Stojan Župljanin. He would also take Stojan Župljanin’s letters from these individuals or forwarded them to family members and friends. c) The accused, Koviljko Lovre, financially helped Stojan Župljanin and members of his immediate family by occasionally providing his sons with certain amounts of money and giving advice related to the family business. He also enabled Stojan Župljanin to conclude a business deal with “Čelarevo” brewery for representation and beer sales in Banja Luka and from these proceeds, he would finance the escape and hiding of Stojan Župljanin. d) On multiple occasions, on undetermined dates, the accused transported Stojan Župljanin from an apartment in Novi Sad to other places, used as hiding places and in which the accused facilitated meetings of Stojan Župljanin and other individuals, who helped him in hiding, and so he drove him to:

- Maglić, where Stojan Župljanin would hide in the house of the accused, Mlađen Marjanović, or meet with his family and friends in the “Cindap” cafe, owned by Mlađen Marjanović.

- , where Stojan Župljanin met with R.B. and stayed in the “Olimp” motel.

- Futog, to the house of Milan Koprivica, who sheltered him and enabled him to communicate continually with his family members and friends through letters and other means.

The accused, Mlađen and Vinka Marjanović

In the period from 9 May 2002 to December 2005, occasionally – three or four times a year, for a month-long period, they hid Stojan Župljanin and sheltered him and his family in their family home, in the village of Maglić. Specifically:

- From May 2002 to November 2002, when Stojan Župljanin on three occasions spent a month in their house,

3 PURL: https://www.legal-tools.org/doc/e8c88b/ - From December 2002 to the end of January 2003, when Stojan Župljanin stayed in their house with his family

- From December 2003 to the end of January 2004, when Stojan Župljanin stayed in their house with his family.

The accused, Mlađen Marjanović

In the period from 9 May 2002 to the end of 2005, in Maglić, in his café called “Cindap”, he enabled unobstructed contacts and socializing of Stojan Župljanin and members of his immediate family, sons, and friends – the accused, Koviljko Lovre, Marinko Marjanović and their friends from Glamoč.

- On several occasions he went in his car to Futog, to Milorad Koprivica, where he took the letters which Stojan Župljanin sent, or handed in letters from other individuals addressed to Stojan Župljanin,

- On undetermined date in the summer of 2004, he enabled Stojan Župljanin to spend a two-week summer holiday with his family on Goč mountain, in the weekend house owned by Slavko Rodić. He transported Župljanin’s son with his car to M. M.’s apartment in Kruševac, and from there to Vrnjačka Banja and Trstenik, to the weekend house on Goč,

- In September 2006, in Maglić, he sent financial aid to Stojan Župljanin in the amount of one thousand Euros, by handing the money to the accused, Milorad Koprivica, who gave this money directly to Stojan Župljanin. Župljanin used this money for financing his hiding for a period.

The accused, Vinka Marjanović and Koviljko Lovre

In the period from December 2004 to 4 October 2006, in Maglić and in Bački Petrovac police station,

They acquired false identification documents for Stojan Župljanin. Koviljko Lovre previously connected Vinka Marjanović and Stojan Župljanin, and then he asked the accused, Vinka Marjanović to use her position as registrar and acquire Serbian citizenship and personal identification documents for Stojan Župljanin on the name of Branislav Vukadin, whereupon he brought Stojan Župljanin to her office in Maglić. Afterwards, the accused, Vinka Marjanović:

- 23 and 24 December 2004, in Subotica, cancelled his residence from Subotica and registration of residence in Maglić, at Željko Gašić’s;

4 PURL: https://www.legal-tools.org/doc/e8c88b/ - 5 July 2005, in Maglić, completed the documentation for the acceptance of Stojan Župljanin into the citizenship of the Republic of Serbia, under the name of Branislav Vukadin, submitted the request in Bački Petrovac police administration, which was officially expedited to police administration in Novi Sad, under reference number 204-2-16985/05, on 5 August 2005;

- On 20 September 2006, took over the ruling on citizenship. On 21 September 2006, as a registrar in Local Office in Maglić, filled out the Serbian ID card documents with late Branislav Vukadin’s personal data, which were necessary for issuing and ID card, filed the request for issuing the identification card and paid necessary taxes. She also enclosed Stojan Župljanin’s photographs, without his presence in Bački Petrovac police administration. Based on all the abovementioned documents, Bački Petrovac police administration issued an ID card in the name of Branislav Vukadin, ser.no. 39329 dated 4 October 2006 with Stojan Župljanin’s photograph.

- On 4 October 2006, in Bački Petrovac police administration, took over the ID card in his name and brought it to Milorad Koprivica in Futog on the same day. Milorad Koprivica, handed over the ID card to Stojan Župljanin.

- Drove Stojan Župljanin in her car from Maglić to other places, in which he was hiding. Whereby she took him to Novi Banovci, to Lijeskić family apartment, where he remained in hiding for seven days. Later on, on a different occasion, she drove him in her vehicle from Maglić to Belgrade, to Dušan Stojisavljević’s apartment, where he remained in hiding for seven days,

- Kept communicating with Stojan and R.B., while they lived in Sremska Kamenica and kept communicating with Stojan Župljanin through letters.

The accused, Milorad KOPRIVICA

The accused, Milorad KOPRIVICA, hid and sheltered Stojan ŽUPLJANIN in his house in Futog, where the fugitive would remain for two days at a time, specifically on the following occasions:

- On 19 December 2004, when ŽUPLJANIN was a guest at the accused’s Patron Saint’s Day reception;

- On unspecified dates in the summer of 2005; and

- In December 2006, when the fugitive, having escaped from a law enforcement team from Kruševac, came to the accused’s house.

While hosting Stojan ŽUPLJANIN in his house, the accused placed his private

5 PURL: https://www.legal-tools.org/doc/e8c88b/ telephone at ŽUPLJANIN’s disposal, thereby facilitating the fugitive’s communication with his family members, relatives and friends.

In early 2003, in order to enable safe correspondence between Stojan ŽUPLJANIN and other individuals, the accused, KOPRIVICA, instructed the fugitive to address his letters to Š. R., the accused’s brother-in-law who had a house in Futog but rarely stayed there. In the period between the above-specified time and June 2007, Stojan ŽUPLJANIN wrote letters to his sons and wife, as well as to a number of other persons, including the accused: Koviljko LOVRE, Mladen MARJANOVIĆ and Vinka MARJANOVIĆ, and sent them to Š. R.’s address, whereupon the accused, KOPRIVICA – who had previously come into the possession of Š. R.’s letter box key - would collect the letters from the box and open envelopes that contained smaller letters with the names of the true addressees, who would then have their mail delivered personally by the accused.

The accused also facilitated the exchange of letters between ŽUPLJANIN and his correspondents by picking up the latters’ responses and carrying them directly to the fugitive’s whereabouts; alternatively, he would forward letters written by the fugitive’s correspondents to the address of a certain A. Š., a female person from Kruševac, as instructed by the fugitive himself.

In September 2006, while visiting the other herein accused individual, Mlađen MARJANOVIĆ, at his home in Maglić, the accused, KOPRIVICA, received 1,000 Euros, which he subsequently gave to the fugitive while the latter was hiding in the house of another accused individual, Slobodan KOPRIVICA. The money that he received enabled the fugitive to finance his hiding for some time.

On 04 October 2006, Milorad KOPRIVICA met another accused individual, Vinka MARJANOVIĆ at his home in Futog, where Vinka handed him false identification documents carrying ŽUPLJANIN’s photographs, issued on the name of Branislav Vukadin. The accused, Milorad KOPRIVICA, personally delivered the received documents to Stojan ŽUPLJANIN, thereby enabling the fugitive to use another person’s name so as to hide his genuine identity up to the moment of his apprehension.

Finally, the accused, Milorad KOPRIVICA visited Stojan ŽUPLJANIN on a number of occasions while the latter was hiding in the house of the accused, Slobodan KOPRIVICA and provided the fugitive with food and drink.

The accused, Slobodan KOPRIVICA

In the period between autumn 2004 and late 2006, this accused individual harboured the fugitive in his house situated inside the local Agricultural School compound in

6 PURL: https://www.legal-tools.org/doc/e8c88b/ Futog. In early September 2004, upon a previously made agreement, the accused gave ŽUPLJANIN a key of the gate leading into the yard of the accused’s house, thereby enabling ŽUPLJANIN to freely enter the harbourer’s house at night. On a number of such occasions, while staying in the accused’s house – typically for around ten days – ŽUPLJANIN would meet his relatives and family members. Thus, on several occasions throughout September 2004, the accused afforded the fugitive shelter for a couple of days, which he also did throughout 2005 and again in November 2006, when he harboured Stojan ŽUPLJANIN for a period between six and ten days. In January 2007, having spent with his son two days in his harbourer’s house, Stojan ŽUPLJANIN moved to Niš.

The accused, Nikola TEPIĆ

As of mid-April 2008, having escaped from a law enforcement team in Niš, Stojan ŽUPLJANIN visited the accused, Nikola TEPIĆ, in his flat in Pančevo and asked him for help. The accused responded by affording ŽUPLJANIN shelter at his place, where the fugitive was offered a bed in the living room and food at his host’s expense. The accused, TEPIĆ, continued to hide ŽUPLJANIN until 11 June 2008, when the fugitive was located and arrested.

By their involvement in the foregoing acts, the herein accused individuals are criminally responsible for the offence recognized by article 333 (3) re (1) (accessory after the fact) of the Criminal Code.

In view of the above,

I PROPOSE

That a public trial be scheduled and held before this court, whereto the following should be summoned:

1 Serbian War Crimes Prosecutor;

2 The accused: Nikola TEPIĆ, Mlađen MARJANOVIĆ, Vinka MARJANOVIĆ, Slobodan KOPRIVICA, Milorad KOPRIVICA and Koviljko LOVRE; and

3 Witnesses: ...

Within the evidence presentation procedure, the following documents should be read out at the trial:

• Report no. 13-02/2-ESZ-70/08 of 20 June 2008, issued by the Republic of Srpska Ministry of the Interior (MUP), Public Security Centre Eastern Sarajevo;

7 PURL: https://www.legal-tools.org/doc/e8c88b/ • Birth Certificate and Death Certificate for Branislav Vukadin, issued by the Security Centre based at Pale, Republic of Srpska;

• Report no. 03/4-6 ref. 2369-45JŠ of 15 June 2008 issued by INTERPOL Sarajevo, along with documents attached thereto;

• Report on Inspection Surveillance no. 03/10 no. 204-2-16985/05-1/2008 of 26 June 2008, issued by Regional Police Administration (PPU) Novi Sad,

• Report issued by Police Station Bački Petrovac - part of PPU Novi Sad, dated 04 October 2006, alongside accompanying documentation;

• Record on search of a dwelling place in Pančevo, issued by MUP Republic of Serbia;

• Finding and Opinion no. 234-2-1316/08 of 12 June 2008, issued by the National Criminal and Technical Centre Belgrade, relating to the establishment of the identity of Stojan ŽUPLJANIN through matches of his DNA profile to those of his parents;

• Letters handwritten by Stojan ŽUPLJANIN, marked in the case file under nos. 1-5, addressed to Koviljko LOVRE;

• Certificate of provisionally seized items no. 03/4-3-1, official ref. 1386/07-1 of 27 September 2007, issued by the War Crimes Identification Unit - MUP Republic of Serbia;

• Certificate of provisionally seized items no. 03/4-3-1, official ref. 1386/07-3 of 27 September 2007, issued by the War Crimes Identification Unit - MUP Republic of Serbia;

• Report no. 1d of 12 June 2008, issued by Police Station Bački Petrovac, PPU Novi Sad;

• Photocopy of refugee i.d. no. 8043809710, issued on the name of Branislav Vukadin;

• Photocopy of personal i.d. card no. 1849/96, issued on the name of Branislav Vukadin;

• Photocopy of driver’s licence no. 4915, issued on the name of Branislav Vukadin by the Public Security Service at Pale;

• Photocopy of personal i.d. card no. 39329, issued on the name of Branislav Vukadin;

8 PURL: https://www.legal-tools.org/doc/e8c88b/ • Ruling on conferral of citizenship rights on Branislav Vukadin, dated 06 September 2006 and registered under no. 204-2-16985/200; and

• Statement of authorization dated 23 December 2004, given by Branislav Vukadin. Statement of Reasons

Stojan ŽUPLJANIN was accused of grave breaches of International Humanitarian Law - crimes against humanity punishable by articles 5(b), 7(1) and 7(3) of the ICTY Statute, and of violation of laws and customs governing the conduct of war, which is recognized by article 3 common to the 1949 Geneva Conventions and punishable under articles 3, 7(1) and 7(3) of the ICTY Statute. The said criminal offences are more specifically determined as acts of killing - deprivation of life of ethnic Muslims and from Bosnia during and following attacks on villages and urban areas, deprivation of life in detention facilities, acts of torture, cruel or inhumane treatment, including the beating, humiliating, brutalization, psychological torture, forcible dislocation and deportation of Bosnian Muslims and Croats from the territories controlled by the BH Republic’s Government (including the towns of Travnik, Bugojno, Zenica and Sarajevo), into the territories of , Serbia and Montenegro; additionally, the breaches included the appropriation and pillaging of civilian property during and after raids on villages and urban areas that were not inhabited by . All of the foregoing acts were committed in the context of the armed conflict that existed in , specifically in the period between 1 April 1992 and 31 December 1992.

The above-described acts are punishable by our national criminal legislation - under articles 142(1) and 144(1) of the SFRY Criminal Code, which applies to this particular case. The statutory maximum prescribed for the said criminal offences is 40 years in prison, a sentence anticipated as a substitute for death penalty.

The original indictment against Stojan ŽUPLJANIN was raised on 17 December 1999, and disclosed to public on 13 July 2001. On 09 May 2002, the District Court in Belgrade issued an arrest warrant against ICTY indictee Stojan ŽUPLJANIN.

At the time of the commission of the criminal offences charged against him, ŽUPLJANIN was at the head of the Regional Security Services Centre based in Banja Luka and in the northwestern part of BH. Additionally, Mr. ŽUPLJANIN was a member of the Crisis Staff for the Krajina Autonomous Region (ARK), and adviser to the Republic of Srpska’s president in charge of interior affairs.

Following the arrest of BRĐANIN on 6 July 1999, specifically in late December 1999, having become aware of the contents of the – until then secret – ICTY indictment against him, Stojan ŽUPLJANIN decided that he would not surrender himself voluntarily, but rather move to Serbia and seek shelter at the places of his friends and

9 PURL: https://www.legal-tools.org/doc/e8c88b/ relatives.

Up to that point, Stojan ŽUPLJANIN had been the head manager of the Tobacco Factory in Banja Luka. Good business relations that he had developed at the time with his counterparts in Serbia had gradually grown into firm friendships. Consequently, his friends afforded him assistance and support while he was hiding in the territory of Serbia.

In July 1999, the Security Centre based at Pale, Republic of Srpska, provided Stojan ŽUPLJANIN with false documents on the name of Branislav Vukadin, whereupon he moved to Serbia. He initially stayed in the area of Subotica, where – based on his false ID documents – he received refugee identification papers. In subsequence, he moved to the territory of Novi Sad.

From that point up to the moment of his arrest, ŽUPLJANIN was hiding in the territory of Serbia, having changed a total of 26 dwellings in the process. In the meantime, owing to his false documents, he went on a three months’ trip to Moscow, and also travelled to Lagos and Paris.

The hiding strategy of Stojan ŽUPLJANIN involved a previously elaborated plan and schedule, which he had worked out in 2000, when he made a list of possible hideouts and reliable individuals – friends and relatives on whose assistance he could certainly count. The list included the coded names of towns, relatives, friends and relevant addresses, intended to facilitate his communication with his family members and potential harbourers without being identified. ŽUPLJANIN gave such encoded lists to female witness P.M. and to several other persons whom he expected to afford him assistance and shelter once he had gone into hiding.

It is evident that ŽUPLJANIN, both at that early stage and later on, expected his close friends and relatives to offer him logistical, financial and any other support, and so many of them did while was hiding in Serbia. In a certain way, Stojan ŽUPLJANIN abused his friends and relatives as he remained sheltered at their places.

This indictment has mapped out the route followed by Stojan ŽUPLJANIN as he moved and hid across the territory of . It also includes individuals who harboured, supported and otherwise helped him. Meanwhile, preinvestigative proceedings are being conducted against 22 potential harbourers, with a view to retracing the overall pattern of ŽUPLJANIN’s movement in central Serbia.

The indictment covers the period from 09 May 2002 to 11 June 2008, when he was arrested.

In the course of the above-specified period, all of the accused, acting either

10 PURL: https://www.legal-tools.org/doc/e8c88b/ individually or in concert with others, assisted in the hiding of ICTY indictee Stojan ŽUPLJANIN, as specified in the enacting terms hereof.

In January 2008, having managed to escape from the law enforcement authorities in Niš, Stojan ŽUPLJANIN moved to Pančevo, where he sought the help of Nikola TEPIĆ, who sheltered the fugitive in his flat and assisted in his hiding from mid- April 2008 through 11 June 2008, when the fugitive was deprived of liberty.

The above-described facts were established during the investigative proceedings into this matter.

In their pretrial statements, all of the accused have admitted their involvement in the acts as detailed in the enacting terms hereof, as well as their contacts with Stojan ŽUPLJANIN. All of the accused had known Stojan ŽUPLJANIN from the time prior to the war in Bosnia-Herzegovina; furthermore, Slobodan KOPRIVICA and Milorad KOPRIVICA were ŽUPLJANIN’s close relatives.

All of the herein accused individuals were aware of ŽUPLJANIN’s criminal involvement in war crimes, as well as of the arrest warrant issued against him.

All of the accused were close friends or relatives of Stojan ŽUPLJANIN, the persons carefully selected by the fugitive himself as reliable aiders in his hiding. For those reasons, the accused felt it as their duty to help him, or alternatively wanted to return him the support and favours that they had earlier received from the fugitive. That fact, however, does not exculpate the accused from their responsibility for the criminal offence committed.

The individuals accused in this indictment do not belong to the close family circles whom the law relaeses from responsibility for this criminal offence. The nature of their involvement in the herein described circumstances qualifies their acts as those recognized by the law, specifically by article 333(3) of the Serbian Criminal Code.

In conclusion, the individuals charged in this indictment gave immediate assistance to Stojan ŽUPLJANIN by harbouring him in their houses or flats, and otherwise supported the fugitive’s efforts to avoid being tracked down. With that end on mind, they provided him with financial aid, facilitated his oral and written communication through letters and messages with his close family members, arranged secret family meetings for the fugitive, organized such events as private dinners and social celebrations, where the fugitive would meet old friends, as well as some new ones, including several females with whom he had intimate relationships. All of those acts on the part of the accused were aimed at assisting ŽUPLJANIN in his hiding while preventing the law enforcement authorities from capturing the fugitive and bringing him to justice.

11 PURL: https://www.legal-tools.org/doc/e8c88b/ WAR CRIMES PROSECUTOR Vladimir Vukčević

12 PURL: https://www.legal-tools.org/doc/e8c88b/