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Reply of the Republic of Croatia

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Reply of the Republic of Croatia I international courtINTER of JusticeNatioNAL court OF JUSTICE CASE CONCERNING THE ApplicatioN OF THE CONVENTION case ConcerningON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (Croatia v. SERBIA) The Application of the Convention on the Prevention and Punishment of the Crime of Genocide REPLY (Croatia v. SERBIA)OF THE REPUBLIC OF CROATIA REPLY VOLUME 2 OF THE REPUBLIC OF CROATIAANNEXES 1 – 41 VOLUME 2 20 DECEMBER 2010 II III CONTENTS WITNESS STATEMENTS Annex 1: Witness Statement of B.A. 1 Annex 2: Witness Statements of J.B. 2 Annex 3: Witness Statements of O.B. 5 Annex 4: Witness Statement of B.B. 7 Annex 5: Witness Statements of P.B. 12 Annex 6: Witness Statement of M.Č. 16 Annex 7: Witness Statements of J.Č. 17 Annex 8: Witness Statement of Ž.Č. 25 Annex 9: Witness Statements of N.C. 51 Annex 10: Witness Statement of M.D. 59 Annex 11: Witness Statement of S.Đ. 61 Annex 12: Witness Statements of J.Đ. 66 Annex 13: Witness Statements of I.H. 70 Annex 14: Witness Statements of M.L. 76 Annex 15: Witness Statement of L.M. 88 Annex 16: Witness Statements of M.M. 90 Annex 17: Witness Statements of S.M. 93 Annex 18: Witness Statement of M.O. 95 Annex 19: Witness Statement of M.P. and M.B. 99 Annex 20: Witness Statements of D.P. 101 Annex 21: Witness Statements of D.P. 105 Annex 22: Witness Statements of O.R. 107 IV Annex 23: Witness Statement of V.Š. 113 Annex 24: Witness Statement of N.Š. 125 Annex 25: Witness Statement of S.S. 128 Annex 26: Witness Statement of A.V. 131 Annex 27: Witness Statements of K.V. 149 Annex 28: Witness Statement of M.Ž. 151 Annex 29: Witness Statements of M.Ž. 158 Annex 30: Confirmatory Witness Statements 161 DETAINED, MISSING AND EXHUMED PERSONS DATA Annex 31: International Committee of the Red Cross, Registration Certificate for Dane Šiklić, 3 January 1996 349 Annex 32: Commission for Detained and Missing Persons, Report on the Work of the Commission for Detained and Missing Persons, 29 October 1996 350 Annex 33: Joint Serbian, Croatian and International Monitors Record for Marinovci Farm, 26 March 1997 351 Annex 34: International Committee of the Red Cross, Registration Certificate for TonkoLazarević, 3 April 1998 353 Annex 35: Letters from the Commission for Detained and Missing Persons inviting the ICTY Liaison Office, the UN High Commissioner for Human Rights, the OSCE Mission to the Republic of Croatia and the Observation Mission of the EC to Send Observers to the Exhumation of Mass Graves, 27 February 1997, 9 April 1998 and 7 July 2000 354 V Annex 36: Letter from the ICTY OTP to the Republic of Croatia, concerning Exhumations, 25 July 2002 358 Annex 37: Republic of Croatia, Office for Detained and Missing Persons, Identification Performed at the Institute of Forensic Medicine and Criminology, 15 November 2002 359 Annex 38: Memorandum of Agreement Between the Government of the Republic of Croatia, and the International Committee of the Red Cross, to Define the Roles and Responsibilities of the Government of the Republic of Croatia and the International Committee of the Red Cross in view of the Transfer of the Competence for the Management of Data on Missing Persons in the Armed Conflicts on the Territory of the Republic of Croatia, 28 July 2006 360 Annex 39: Gospić County Court, Exhumation Report, 17 October 2006 364 Annex 40: International Committee of the Red Cross, Registration Certificate for ZdravkoTursan, 19 February 2009 366 Annex 41: Updated List of Missing Persons, 1 September 2010 367 VI 1 ANNEX 1: WITneSS STATEMenT OF B.A. REPUBLIC OF CROATIA MINISTRY OF INTERIOR ZADAR POLICE ADMINISTRATION Operational Affairs Department 31 August 1992 OFFICIAL AUTHORITY RECORD Citizen A. B., profession: farmer, born on ... ... , domiciled in ..., ......, deposited on 27 August 1992 in the Zadar Police administration before the authorised person of the Zadar Police admi- nistration the following statement: “I left the occupied Smilčić together with my wife M. on 3 February 1992 with the help of the Red Cross. I was born in Smilčić and I lived there my en- tire life, but I was still forced to leave the place just like all other inhabitants of Croatian nationality. The hardest days of my life were those spent in the occupied Smilčić. I lived in my house, my village and in my country, but I felt like a stranger, unwanted and persecuted. Of all that happened in that period I will describe the murder of my cousin A.M. and his wife L. The murders took pla- ce on 21 January 1992 around 7:30 PM in their house, more precisely in the kitchen. My wife and I were informed about this crime by A.M., aged about 86, on 22 January 1992 around 9 AM. As soon as I heard about it, me and my wife followed M. to the house of the deceased. When we entered into the kitchen I saw M.’s body in the kneeling position with his arms and head resting against the couch. His neck was covered in blood and there was a large pool of blood on the floor in front of him. L.’s body was next to him in the sitting position on a chair, with her head resting against the wall. Underneath her I saw another large pool of blood. In front of their bodies I saw 5-6 empty military rifle casings on the floor. Seeing that M. and L. were killed, I left their house and went to inform A.M. I came back after about twenty minutes with A. M. Police officers from Benkovci were already there (about 5 or 6 of them). I recognised only Borović Milorad, son of Luka from Smilčić. Beside the po- lice officers there was also the doctor from Smilčić, Libuša Pantović. After about an hour the hearse arrived, M. and L. were laid into coffins and taken to the catholic cemetery. They were buried in the tomb of A.S. 2 I assisted at the funeral of M. and L., together with A.M. and his wife D., their daughter R. and her husband P.N., who moved the next day to Belgrade. I would like to add that several days before the murders M. told me that he was afraid that “cetnici” would kill him because in the previous war they had killed his brother. Moreover, about ten days before the murders I heard say in front of the store in the village that all A. should be killed. On that occasion Ardalić Mile said that only A.M. should be killed because he separated him from his wife and ruined his family. Further to this, A.B. gave the information in his possession re- garding the participation of Serbian nationals in the armed rebellion, which we recorded in a separate document. Authorized officer Ante Mikulić /signed/ ANNEX 2: Witness statements of J.B. OFFICIAL AUTHORITY RECORD Created on 23 September 1993 at the IV Police Station Zagreb, Petrova 152, during an interview with: B.J., nee ..., daughter of ... and ..., nee ..., born on ... in ..., Vukovar Municipality, ethnic Serb, citizen of the Republic of Croatia, clerk by profession, unemployed, married, mother of a minor, residing in ..., hotel “...”. The interview is conducted with regard to the circumstances of the stay of the interviewee in Ilok and identification of persons who committed or are still committing crimes against civilian population as well as any other occurrence of interest to the police. On this occasion Ms B. stated the following: That she had lived in Ilok from the time she had married her husband, and that her address there was: ... Street bb. When the former JNA (Yugo- slav People’s Army) captured, that is occupied Ilok on 17 October 1991 her husband left Ilok with a convoy while she remained there with her son Z. During the period from 17 October 1991 until 30 August 1993 she visited Za- greb on two occasions, sometime before Christmas 1992 and in March 1993. On both occasions she stayed in Zagreb for a few days and returned to Ilok. When asked how she managed to come to Zagreb from the occupied area in the Republic of Croatia she stated that she was issued a movement pass valid for a number of days by “Krajina” police with which she could leave Ilok and go to Subotica from where she crossed the border to Hungary from where she took a bus to Zagreb. She used the same route to go back. She stressed that she no longer wishes to go back to Ilok while it is occupied by members of 3 Serbian “Police” and other Serbian paramilitary units. She described the living conditions in Ilok for non-Serbs and Serbs that op- pose the occupation of Croatia as very difficult. They are exposed to daily abuse, insults, with “Krajina Police” entering their houses, and also they are suffering the lack of basic necessities. She states that the Commander of Krajina Police Station in Ilok is Mile Miljašiæ who had held the same position before. After the new Government was established in the Republic of Croatia he left the service bur returned after Ilok was occupied and now everything above mentioned is being done under his leadership. She further states that after she returned to Ilok from Zagreb she was ques- tioned at the Krajina Police Station by Jovo Trkulja who came from Zagreb. He told her that he used to be a Ministry of Interior Inspector in Zagreb and that he is now an inspector at the Krajina Police Station in Ilok.
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