BOSNIA AND PROSECUTOR'S OFFICE OF B-H Number: KT-RZ-97106 Sarajevo, 26 February 2009

COURT OF AND HERZEGOVINA Trial Panel

Pursuant to Article 35(2)(a), Article 226(1) and Article 275 of the CPC B-H, I hereby file the following:

AMENDED INDICTMENT

Against

I, KRSTO SA VIC, a,k,a, Kifo, son of Marko and Du~anka, nee Ivani~, born on 10 October 1959 in the village of , Municipality, Personal Identification Number 10 I 0959153174, currently residing in at Tina C-39 Str., of Serb ethnicity, citizen of and , currently unemployed, literate, university degree in political science, married with one child, completed his military service in the duration of four (4) months in Karlovac, average financial standing, previously convicted of the criminal offense of Manslaughter, no other criminal proceedings pending, in custody from 6 September 2007 to 23 January 2009.

2, MILKO MUC:IBABIC, a,k,a, Mileta, son of Bow and Danica, nee Guzina, born on 31 March 1951 in the village of Ljeskov Dub, Municipality, currently residing at Kilavci bb, Nevesinje Municipality, Personal Identification Number 3103951153154, of Serb ethnicity, citizen of Bosnia and Herzegovina, retired, elementary school education, married with three children, military service completed in 1971, indigent, no prior conviction, in custody from 6 September 2007 to 17 October 2008.

Because:

I Krsto Savif

PURL: https://www.legal-tools.org/doc/2c364a/ In the period from early May 1992 to the end of 1992, within a widespread and systematic attack of the army, police and paramilitary units of the self-proclaimed Serb Republic of Bosnia and Herzegovina, later Republika Srpska, directed against the Bosniak and Croat civilian population of the Municipalities of Nevesinje, , Gacko and Bileca, Krsto Savic, holding the office of the Chief of the Trebinje Security Service Center (CSB), as the Minister of the Interior of the Serb Autonomous Region (SAO) of Herzegovina until 13 July 1992, and as a member of the Staff of the Ministry of the Interior (MUP) of the Serb Republic of Bosnia and Herzegovina in charge of command and control over the overall MUP force, having knowledge of and participating in the joint criminal enterprise undertaken by Mico Stani§ic, Minister of the Interior of the Serb Republic of Bosnia and Herzegovina, Radovan Grubaf, Commander of the Herzegovina Corps, Novica Gu§ic, Commander of the Nevesinje Brigade, the leaderships of the Public Security Stations (SIB) in Gacko, Nevesinje, Kalinovik and Bileca, members of municipal leaderships of the aforementioned Municipalities, and other members of the military, police and paramilitary formations, acted deliberately with the common purpose to implement the state policy and thus conduct the persecution of the Bosniak and Croat civilians on political, national, ethnic, cultural and religious grounds by killing, forcible transfer of population, unlawful imprisonment, torture, rape, enforced disappearance, self-willed destruction of property on a large scale, starvation of the population, infliction of great suffering and violation of bodily integrity, application of measures of intimidation and terror, and other inhumane acts of a similar character, whereby he planned, ordered, committed, instigated and aided and abetted the persecution of the Bosniak and Croat population in the Municipalities of Gacko, Bileca, Kalinovik and Nevesinje, in as much as he:

1) During June 1992, members ofthe Gacko SIB, which operated as part of the Trebinje Security Service Center (CSB), took part in the persecution of the Bosniak civilians in the Gacko Municipality by arresting all able bodied men whom they detained and held in the camps they set up on the premises of the Gacko SIB, the school in Avtovac, Gacko Municipality, and the basement premises of Samacki Hote" in Gacko, where they confined more than 150 (hundred and fifty) men and held them in inhumane conditions, without adequate accommodation and medical care, subjected them to everyday physical abuse when taking them to nighttime interrogations, allowed other soldiers to freely enter the premises with the detainees who were beaten with different hard objects on such occasions; in these detention

• Single-room-occupancy hOIeI; It8nsl8lOr's note.

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PURL: https://www.legal-tools.org/doc/2c364a/ while disappeared from the camp and are still unaccounted for; the detained civilians were held in these facilities until 29 June 1992 or approximately that date, when they were transported aboard trucks and under the escort of the Gacko SIB policemen and detained in the camp located in the barracks in Bileea;

2) During the period from June to the end of 1992, members of the Bileca SJB, which operated as part of the Trebinje CSB, took part in the pers~cution of the Bosniak civilians in Bileea Municipality by arresting all able bodied men whom they held, with his knowledge and approval, in the camps they set up on the premises of the Bileca SJB and the premises called Dacki dom", where around I SO (hundred and fifty) were detained and held on inadequate premises, without food, which was brought to them by their family members, without proper conditions to meet basic hygienic needs, without appropriate medical care and sufficient water, where they were exposed to torture by the Bileca SIB policemen, whereupon around 5 October 1992 approximately one half of the detainees and their family members were deported to under police escort;

3) During the period from early May 1992 to March 1993, members of the Kalinovik SJB, which operated as part of the Trebinje CSB, took part in the persecution of the Bosniak civilian population in the Kalinovik Municipality and parts of the civilian population in the Municipalities of Gacko, Tmovo, Fo~a and Nevesinje, in as much as they:

a) In early May 1992, members of the Kalinovik Police Station, together with members of military formations, in the region of the Jatici settlement, Kalinovik Municipality, surrounded and captured around 280 (two hundred and eighty) civilians from the Jelef Local Community, Fo~a Municipality, who, fleeing the Serb armed force attack, tried to cross over the territory of the Kalinovik Municipality, whereupon the men were forcibly separated from the women, children and the elderly and detained at the Miladin Radojevic Elementary School, where they were guarded by the Kalinovik SJB policemen, while the women and children were transported to the territory controlled by the Army of B-H; the detained men, approximately SO (fifty) of them, were taken to the Bileea camp, taken back to Kalinovik

•• Pupils" hoscel; IlIIRSIalOl"s DOle.

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PURL: https://www.legal-tools.org/doc/2c364a/ and subsequently handed over to the Fo(!a Penal-Correctional Facility (KPD) where the majority of these civilians were killed or disappeared;

b) On 25 June 1992 and the following days, members of the Kalinovik SJB organized and conducted the arrest of all Bosniak men in Kalinovik and the neighboring villages of Mjehovina, leldca and Vihovici, detained the arrested civilians in the gym of the Miladin Radojevic Elementary School, where the civilians were guarded by the Kalinovik SJB policemen and where they stayed until 7 July 1992 or around that date, when the policemen organized the transfer of the detained Bosniaks from the Miladin Radojevic Elementary School, in which the detained civilians could be freely visited by their families and delivered food and clothing by the families, to the Barutni magacin' camp, a military facility controlled by the army, secured by barbed wire and mines and guarded by sentries, so, on 5 August 1992, all the detained men, more than 80 (eighty) of them, were loaded onto trucks and transported under police escort and executed by firing squad at the place called Ratine and in the locality of the Miljevski tunnels;

c) In early July 1992, members of the police force of the Kalinovik SJB took part in the capture ofaround 200 (two hundred) Bosniak civilians, mainly women and children, and a small number of men from the Municipalities of Gacko and Nevesinje, who were passing through the territory of the Kalinovik Municipality while fleeing the Serb forces attacks in their municipalities, detained the civilians in the school in where they were guarded by the policemen of the Kalinovik SJB, and on the following day organized their transport to and detention in the Miladin Radojevic Elementary School, where they were placed on the ground floor of the building, in the gym, the staffroom and one classroom, while the building where they were placed was guarded by members of the Kalinovik SJB;

d) On I August 1992, members of the Kalinovik SJB took part in an attack on the Bosniak civilian population of the village of Jeldca, Kalinovik Municipality, in which at that time only women, children and a small number of the elderly were staying; the Kalinovik SJB policemen surrounded the village and captured all the women and children and set the Bosniaks' houses on fire, while members of the Serb army provided artillery support to the attack by opening fire from an anti-aircraft gun deployed in the region ofBrdo near the Badnjareve

• Powder masazine: IrInslalOr's ROle.

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PURL: https://www.legal-tools.org/doc/2c364a/ houses, on which occasion in the hamlet of Karaula and wounded girl set on fire all houses in the hamlet with incendiary bullets, while they detained the captured civilians in the Miladin Radojevic Elementary School on the premises on the upper floor of the school; on the same night, the remaining civilians from Vihovici, Mjehovina and other villages, except for the elderly who could not walk across the fled the attack and left the Kalinovik Municipality while body was hidden in an unknown locality so that she is still unaccounted for;

e) During July or August 1992, the leadership of the Kalinovik SJB, together with members of this Police Station, took part in the setting of fire to the Bosniak villages in the Kalinovik Municipality, namely, the villages of Soeani, Daganj, Bojici, Hotovlje, Luko, Kutine and others, on which occasion the police members first set on fire the village of Soeani, while the military set the other aforementioned villages on fire;

t) During the period from May 1992 to March 1993, on the detention premises of the Kalinovik SJB, without they held the detained civilians and others, including hodjaO _ they used some of the detained civilians as drivers to detect mines; the detainees would drive a freight vehicle in front of the military convoys most often using the road from Kalinovik to Miljevina under the escort of the Kalinovik SJB members; in the process, came across mines several times with a vehicle; the vehicles he drove were destroyed but he managed to survive;

g) Members of the Kalinovik SJB, together with members of the army and civilian authorities, during May 1992, took part in the setting up of a prison in the Miladin Radojevic Elementary School in order to unlawfully detain Bosniak population there, the prison having been guarded by the Kalinovik SJB; they held around 300 (three hundred) Bosniak civilians from the territory of the Kalinovik Municipality and parts of the civilian population of the Municipalities of Gacko, Nevesinje, Foea and Trnovo in detention in the Miladin Radojevic Elementary School on inadequate premises without adequate accommodation, denied a possibility to meet their basic hygienic needs, without appropriate medical care, with very meager daily meals, exposed to daily physical and mental abuse and humiliation by different soldiers whom the policemen allowed to enter t ....,.. lv the course ofthe detention in this prison

• Muslim cleric; translator's note. s

PURL: https://www.legal-tools.org/doc/2c364a/ were taken away from prison and are unaccounted for, while the detained women were raped in this prison and taken to Miljevina, Fo~a, the Pavlovac farm and a weekend cottage in Mjehovina, where they were raped;

4) a) On 16 June 1992, he was in charge of a group of members of the ~ sm with whom he came to the courtyard of _ _ house at around 13.30 hrs, where he called everyone to get out of the hOllse. whereluP(lln and his wife came out, toward the garage and fired from an unidentified weapon at lower limbs; as a consequence of this _ fell, and then, for a rather long period of time Krsto Savic did not allow the others to and render assistance to thereafter he allowed wife to drive _ to the Center in where they pronounced _ dead; body has never been found and he has been ever since; when leaving the Trebovics' the police members set_ house on fire and arrested and detained them in the Nevesinje SJB; b) On 16 June 1992 and in the following days, he was in charge of the attack by the Nevesinje sm police force against the Bosniak civilian population in the Nevesinje Municipality, on which occasion a large number of civilians were unlawfully arrested; the civilians brought by the police, military and paramilitary formations were separated in front of the SJB building, men were detained on the SJB premises and women were separated and detained on the premises of the tools factory called A/alniCO; the men detained in the sm were subjected to physical abuse by being hit with different all over their bodies and the abuse the ears to escape attempt he was killed in the vicinity of the Nevesinje SJB; the bodies of two civilians motionless in the courtyard of the sm, while the as well as the bodies have never been found and they are still unaccounted for, while in the following days, the other detained men, around 20 (twenty) of them, were transported under the escort of the Nevesinje SJB policemen to the Bileca camp and detained there;

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PURL: https://www.legal-tools.org/doc/2c364a/ · "

c) In the late afternoon of 16 June 1992, members of the Nevesinje SJB took part in the attack against the village of Canje, Nevesinje Municipality, although there were no legitimate military targets or anned inhabitants there, and the attack 9 Bosniak civilians were kil

"".",,,',,.., were captured and detained in Nevesinje, the men being detained in the cinema where they were subjected to physical abuse, whereupon they were transported to the Bileca camp, and the women and children being detained in the tools factory called Alalnica, while the 9 (nine) killed inhabitants of Canje were buried in a mass grave by SJB Nevesinje policeman Zeljko Pa!ajlic with the help of a construction machine; d) During the period from 19 June 1992 to 24 June 1992, civilians_ were brought from their homes to the Nevesinje SJB and unilawfilliv confined there; members of the Nevesinje S18 handed over and to unidentified members of paramilitary fonnations, knowing that they, thus, exposed them to mortal violence and mental suffering, whereupon these soldiers took to the Bora~ko Lake where he died from beating and his body was found and identified in the Borisavac pit, Municipality; _ _ has not been found ever since and is still unaccounted for, while every trace has been lost after the Nevesinje SJB and he is still unaccounted for; e) On or around 24 June 1992, all inhabitants of the ,hamlet of Sarica, Local Community of Zijemlje, around 30 (thirty) of them, including men, women and children, were captured by members of paramilitary fonnations and detained on the premises of the Nevesinje SIB; the SIB members held the captured civilians for two days on the inadequate basement premises, whereupon they transported and handed the civilians over to the Bileca camp;

I) On or around 19 June 1992, in the Nevesinje sm building, he interrogated the detained civilian using a bayonet; he threatened the detainee and poked him with the bayonet;

policelnen of the Nevesinje SJB detained civilians and civilian F on the basement premises of the Nevesinje SJB, and, after several days of detention, they handed them over to unidentified members of paramilitary fonnations, aware

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PURL: https://www.legal-tools.org/doc/2c364a/ that they would thus expose them to mortal danger, violence and mental suffering, whereupon the civilians were taken to the Bora~ko Lake, Konjic Municipality; the bodies were exhumed and identified in the BOlrisavac whereas F was subjected to sexual slavery with her identity changed and she managed to survive the war; h) In late June and early July 1992, on the detention premises of the Nevesinje SJB, for several days they held captive three b~ed 8, 10 and 12 years all three the last name _ three elderly women, and from Rabina with four children and 5 years; they handed over to unidentified members of paramilitary formations who took them to the Bora~ko Lake, Konjic Municipality, wherefrom the women managed to escape owing to one soldier's help, while they transported the remaining civilians, after several days of detention, to the separation line in where the civilians exposed themselves to mortal danger when crossing the line whereupon they reached Stolac; i) In late June 1992, civilian was physically abused by members of the army and the of the Nevesinje sm, on which occasion they cut otT one of his ears, whereupon they handed him over to unidentified members of the paramilitary formations who took him to the Bora~ko Lake and killed him; his body was found and identified in the Borisavac pit; j) During June 1992, he took part in the setting up of a camp in the tools factory called A/alnico in Nevesinje when, following his order, the women, children and the sick were separated from the captured civilians and detained in A/alnica, controlled by an unidentified paramilitary formation; there the women, children and the sick were held in inhumane conditions and exposed to and mental abuse. wherefrom the detained women _ without a trace and are still unaccounted for, while was forced to cross the frontline to the territory under the control of the Army of B-H in order to arrange an exchange of the detained women for the dead Serb soldiers; k) Several times on or around 23 and 24 June, members of the Nevesinje SJB called via megaphone all the remaining Bosniaks from Nevesinje to gather in front of the old Municipality building, so when they gathered, mostly women, children and the elderly, the policemen loaded them aboard buses and freight vehicles and, under the escort of

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PURL: https://www.legal-tools.org/doc/2c364a/ the Nevesinje SJB policemen, transported them to the region of Busak in the direction of , to the area between the frontlines, thus jeopardizing their lives due to the fire· from the frontlines; while crossing the front lines in that who stepped on a lan1dmine, all killed, while unaccounted for, a considerable number the civilians were wounded, and during the attempt to cross the frontline two women were separated from the others and raped by the Serb soldiers;

II Milko Mui!ibabic

In the period from June 1992 to the end of 1992, within a widespread and systematic attack of the army, police and paramilitary units of the self-proclaimed Serb Republic of Bosnia and Herzegovina, the later Republika Srpska, directed against the Bosniak and Croat civilian population of the Nevesinje Municipality, Milko Mueibabic, as a policeman at the Nevesinje SJB, having knowledge of and participating in the joint criminal enterprise undertaken by Krsto Savic, Chief of the Trebinje CSB, Gojko Stajic, Chief of the Nevesinje SJB, Novica GU§ic, Commander of the Nevesinje Brigade, members of the municipal leadership and other members of the military, police and paramilitary formations, acted with the intent to implement the common goal of persecuting the Bosniak and Croat civilians on political, national, ethnic, cultural and religious grounds by killings, forcible transfer of population, unlawful imprisonment, torture, enforced disappearance, self-willed destruction of property on a large scale, starvation of the population, infliction of great suffering and violation of bodily integrity, application of measures of intimidation and terror, and other inhumane acts of similar character, whereby he committed and aided and abetted the persecution of the Bosniak and Croat population of Nevesinje Municipality, in as much as he:

I)

a) On 16 June 1992, together with a group of the Nevesinje SJB members under the command of Krsto Savic, he took part in the arrests of Bosniak civilians in the town, so around 13.00 hrs to the of and his and his wife were called to out of their houses, which they did, whereupon Krsto Savic took toward the garage and fired from an unidentified weapon at lower limbs; as a consequence of this _ fell, and then, for a rather long period of

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PURL: https://www.legal-tools.org/doc/2c364a/ time Krsto Savic did not allow the others to approach and render assistance to _ while Milko Mui!ibabic prevented from asking nei,ghb10rs for thereafter he allowed to the Hel!lth dead; when leaving the courtyard of house the police members set_ house on fire; Milko Mueibabic followed them in a vehicle to the Health Center and did not allow to take over _ body and he arrested _ in front of the Health Center and took him to the Nevesinje SJB, where _ was detained on the premises in the basement, while -.having come to the Nevesinje SIB, was held there for several hours, during which time she was forced to listen to and watch the abuse of the detained civilians, whereupon she was released home; b) On 16 June 1992, at around 18.00 hrs, together with other members of the Nevesinje SJB, he unlawfully arrested civilian in Nevesinje and took him to the Nevesinje SIB, while the police members who came together with Milko Mueibabic drove a Citroen Visa passenger vehicle from garage; while being taken out into the corridor to flee the Nevesinje SJB, where he was detained, through the toilet window, in which attempt he was killed in the vicinity of the SJB building; his body has never been found and he is still unaccounted for; e) On 16 June 1992 and on the following days in June, he took part in the attack of the Nevesinje SIB police force against the Bosniak and Croat civilians in the Nevesinje Municipality, on which occasion a fairly large number of Croat and Bosniak civilians were unlawfully arrested and confined on the premises in the basement of the Nevesinje SIB, and, together with other members of the Nevesinje SJB, he took part in the abuse and torture and allowed members of other military formations to freely enter and abuse the detained civilians; he used a knife during the abuse and was covered in blood himself; the abuse the ears cut off in his presence; disappeared without a trace for; d) On or around 19 June 1992, of Serb soldiers, he unlawfully arrested civilian who was detained in the Nevesinje SJB, whereupon the SJB members handed him over to unidentified Serb soldiers who took him to the Boraeko Lake where he succumbed to beating;

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PURL: https://www.legal-tools.org/doc/2c364a/ e) In the second half of June 1992, in the late night hours he brought two unidentified soldiers to the detention premises of the Nevesinje sm in which was unlawfully detained; the soldiers bear all over his body with a wooden lath until he stayed lying motionless;

t) On or around 23 and 24 June 1992, he calle.d via the police vehicle megaphone all the remaining Bosniaks in Nevesinje to gather in front of the building of the Nevesinje Municipal Assembly, aware that upon the gathering they would be expelled from Nevesinje and transported to the separation line in the direction of Mostar, which was indeed done;

g) He drove in a police vehicle the unlawfully detained civilian _ __ who was detained in the tools factory called A/alnico, to the separation line so that she would arrange an exchange of the detained women for dead Serb soldiers; he drove _ together with another civilian, to the separation line at Busak and ordered them, thus exposing them to mortal danger, to cross the frontline to the enemy side and arrange the exchange of the detained women and return to Nevesinje thereafter;

2. On 7 September 2007, at the family house at Kilavci bb Str., Nevesinje Municipality, in contravention of Article 6 and 7(2) of the Law on Weapons and Ammunition of Republika Srpska, he unlawfully possessed the firearms and ammunition the possession of which is prohibited to citizens, namely, a semi-automatic rifle, Serial No. 594416, an empty clip for automatic rifle, 206 pieces of ammunition for 7.62-mm rifle, 12 pieces of 7.9-mm ammunition, 2 defensive grenades, Serial Nos. 8608 and 8142, 2 empty clips for automatic rifle, rifle kit with 4 empty clips, 2 empty Scorpion clips, 143 pieces of 7.62-mm ammunition, 2 pieces of7.9-mm ammunition;

Therefore: Krsto Savi~, by his actions stated in Count I - I, 2, 3a, 3b, 3c, 3d, 3e, 3f, 3g, 4a, 4b, 4c, 4d, 4e, 4f, 480 4h, 4i, 4j, 4k, within a widespread and systematic attack directed against the civilian population in the Municipalities of Gacko, Bileea, Kalinovik and Nevesinje, knowing of such an attack and as a knowing participant of a joint criminal enterprise undertaken with the purpose to persecute the whole Bosniak population on political, national, ethnic, cultural and religious grounds, conducted the persecution by killing, extermination, forcible transfer of population, imprisonment, torture, rape, enforced

II

PURL: https://www.legal-tools.org/doc/2c364a/ disappearance, starvation of the population, infliction of great suffering and violation of bodily integrity, self-willed destruction of property on a large scale, application of measures of intimidation and terror, and other inhumane acts of a similar character, and Milko Mui!ibabie, by his actions stated in Count II - la, I b, I c, I d, I e, I f, I g, within a widespread and systematic attack directed against the civilian population in the Municipality of Nevesinje, knowing of such an attack and as a knowing participant of a joint criminal enterprise undertaken with the purpose to persecute the whole 80sniak population on political, national, ethnic, cultural and religious grounds, conducted the persecution by killing, extermination, forcible transfer of population, imprisonment, torture, enforced disappearance, starvation of the population, infliction of great suffering and violation of bodily integrity, self-willed destruction of property on a large scale, application of measures of intimidation and terror, and other inhumane acts of a similar character, and by his actions stated in Count 2, unlawfully acquired and possessed firearms and other combat equipment the acquisition and possession of which are prohibited to citizens,

Whereby they committed:

Krsto Savle, by his actions stated in COUDt I - I, 2, 3, 4, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h) of the CC B-H, in conjunction with Items (a), (b), (d), (e), (I), (g), (h), (i), (k), and in conjunction with Article 173(1)(e), (e), (I) of the CC B-H, all in conjunction with Article 180(1) and (2) and Article 29 of the CC B-H, and Milko Mui!ibabie, by his actions stated in Count II - la, I b, Ie, Id, Ie, If, Ig, the criminal offense of Crimes against HumaDity in violation of Article 172(1)(h) of the CC B-H, in conjunction with Items (a), (b), (d), (e), (I), (h), (I), (k), and in conjunction with Article 173(1)(c), (e), (I) of the CC B-H, all in conjunction with Article 180(1) and Article 29 of the CC B-H, and by his actions stated in Count II - 2, the criminal offense of Illegal Manufacturing and Trade of Weapons or Explosive Substances in violation of Article 399(1) of the CC RS.

PROSECUTOR PROSECUTOR'S OFFICE OF 8-H Munib Halilovie [signature affixed] [seal of the Prosecutor's Office ofB-H affixed]

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