BOSNIA AND HERZEGOVINA P iLG\J oj) P'-'kJ. 30~ PROSECUTOR'S OFFICE OF BOSNIA AND HERZEGOVINA SARAJEVO SPECIAL DEPARTMENT FOR WAR CRIMES Broj: KT - RZ 130/05 Sarajevo, 23 October 2006
COURT OF BOSNIA AND HERZEGOVINA SARAJEVO Preliminary Hearing Judge
rursuant to Article 35 paragraph 2 item (hi. Article 226 paragraph 1 and Article 227 paragraph 1 af the Criminal rrocedure Code of Bosnia and Herzegovina. I hereby issue the following:
INDICTMENT
Against:
KRESO LU(;[(:. son of Iva and Anda. born on 19 March 1969 ill Kres·evo. a turner by profession. residing ill Makarska at the address Zadarska 22. Republic of Croatia. citizen of BiH and Republic of Croatia. married, father of three linder-age children. IInemp~voed. no previous convictions. currently in custody in the "Kula" Penal and Correctiont,l Institution in Istoeno Sarajevo following the Decision of the Court of BiH number X-KRN-05/68 of 27 April 2006, 26 May 2006, 26 July 2006 and 25 September 2006,
On account of tile following:
/11 the period between April 1993 and late September of the same year. within a wide.,pread and systematic attack of the army and military police ~f the Croat Defence Council directed against civilian Bosniak population in the territory of the
PURL: https://www.legal-tools.org/doc/83dcde/ Kre.fevo Municipality, as well as in the territory of the municipalities of Kiseljak, Busovaca and Vilez, which constitute Central Bosnia, knowing about the al/ack, in his capacity of the Kre!;evo HVO Military Police Commander he committed and took parI in imprisonment contrary to the jimdamental rules of international law, and committed and took parI in torturing Bosniak civilian population and aided olhers in inhuman acls of tairing to forced lahour and imprisonmenl in poor conditions by thefollowing,'
1, In June and July 1993 in Kresevo and the villages of Rakova Noga, CmiL';. BjeloviCi. Buk"e. RamiCi. Krdevo Municipality, wilh members of the Kresevo Military Police who were his subordinates. he unlawfully deprived of liberty and ordered BO.l'11iak civilians from the above villages to be unlawfully deprived of liberty, alld ordered the Bosniak civilian population to be taken away and imprisoned in the camps in the "/vo Lola Ribar" Primary School in KreSevo and in the ",<;unje" warehouse in Kresevo, where Ihe prisoners did not have .l'Iifficienr food, water or the necessary medical assistance, they were also token to pe~form forced labour on a doily basis. where they pe~t;,rmed hard laho"r. as was Ihe case wOlnen and ('hifdren from the village of Bukve;
vili!{JI!,ers of Ihe villages «l CrniCi and BjeloviCi: and
2, On 20 June 1993. having unlawfully deprived of liberty in the place of RakovG Naga, Kre.fevo Municipality and took him to the camp in the "Ivo Lola Ribar·' Primary School in Kresevo together wilh his sllbordinate military police «fficers then, together with G member «llhe military police. he wilh his feet all over his body in a classroom of the qforementioned schOOl, qfter he had r4ilsed to tell him where his brother was, as a result o.lwhich hefell on the ground and he conlinued kicking him all over his body. and Ihen he called mililwy police «!fieers __ and __ and ordered Ihem to take him to Ihe gymnasium of the said School, where Bosniak civilian populalion from the vii/ages of erniCi and Bjelovici, Kresevo Municipality had already been imprisoned.
PURL: https://www.legal-tools.org/doc/83dcde/ 3. In June and July 1993. in Ihe Kresevo Military Police Main Slafl in Ihe "Eleklroprivreda" building ill Krdevo, he lorlured the following Bosniakprisoners Ihe called ,.
wooden h"tm•• their bod,)' and he ordered his subordinate military police officers to physical~v abuse Ihe aboven(lmed. which they did, punching them, kicking them (lnd beating them with wooden balons all over their bod,v, as a resull of which the above-named persons sustained vis;ble bodifv injuries and they H.'ere taken back to the "'Sunje" camp in Kre.(:evo.
4. On 18 July 1993, in the same place as in Ihe previous count, he interrogated broughlFom Ihe "Su'1;e" camp, in Ihe presence C!/about fO mililOlY police otlicers who were sitting at another desk listening to loud mu~ic by placing II hackless chair,liJr against his desk >dth his subordinate militmy po/ice 10 his leti and right side and, ajier each answer given by he ordered them to beat him, which they did using wooden batons, hitting him on his back and punch him, as a result of on the grounds severollimes, where they continued bealing him, and Ihen they would litl him up and beat him again, due to which would lose consciousness. and they would pour water on him. lift him up on the chair and continue heating him again. and Ihen he himse(f appl'Oached _ _ and hit him with a wooden baton twice on his back and he ordered the militGl:v police ojficers to take him back to the "Sul1je" camp,
Therefore. within a widespread and systematic attack directed against Basniak civilian popu/alion, knowing C!l such an attack, he ordered and commilled imprisonment conlrmy 10 the rules (1/ inlemalional law and he ""dered and committed torture C!f Bosniak civilian population and aided others in their inhuman acts by taking the detained persons 10 forced labour and Iheir imprisonment in poor cond;tions
Whereby he committed the criminal ojfence of Crimes agoinst Humanity in violalion of' Article 172 paragraph I of the Criminal Code of Bosnia and Herzegovina. in cojnunctioin with Article 180 paragraph 1 and Article 29 ~/ the BiH CC asfiill"ws: l. item (e) in relation to Count 1 ofthe Indictment,
3
PURL: https://www.legal-tools.org/doc/83dcde/ 2. item (f) ill relation to Counts 2. 3, and 4 of the indictment. 3. item (kj ill relation to Count 1 ofthe Indictment.
Ither~f'ore
PROPOSE
1. ThaI the following persons be summoned:
Prosecutor olthe Prosecutor's Ojlice of BiH. Suspect Kr.so LuCic. detention unit of the "Kula" Penal and Coreetiona! Insl itution - Suspect's defence counsel Kresimir Zubak. an attorney from Sarajevo,
2. That the following evitlenee be presented:
aj By examining the witnesses below:
I. 2. 3. 4. 5. 6. 7. B. 9. 10. ll. 12. 13. 14. 15. 16. 17. lB. 19. 20.
PURL: https://www.legal-tools.org/doc/83dcde/ 21. 22. 23. U
b) That the following be inspected:
I. leT)' Proseeulioll Letter with standard marking "A" ill relation to Krdo Lucie lIumher 993315/GB/DFG/RR56 415 .Il1ne 1999. 2. Deci.\·;on o(the Court ofBiH 011 taking over the criminal case number X-KRN/05/68 (1'5 October 2005. 3. Certijrcole of membership of Kre.fo Lucie to the AlP unit 1783 - Kresevo number V21-41/1-16-21-133/04 of22 November 2004. 4. Personal/ile ofo.!!icer Kre.!o Lucie number 1042/69. 5. KreSevo Military Police Report number 221/93 0.1'2 July 1993. 6. List of Kre.i:evo Mililm)' Police members number 309193 of 8 October 1993.- 7 Kre.ievo Militm)' Police List number 4/3/93 008 December 1993. 8. Kresevo Military Police List number 435/93 of 30 December 1993. 9. Kre. 5 PURL: https://www.legal-tools.org/doc/83dcde/ 28. Work Order number 75/93 for 15/16 June 1993from 08. 00 to 08.00 hrs 29. Kresevo Military Police Repor! number 206/93 of8 June 1993. 30. Kresevo Military Police Report nllmber 201193 of 5 June 1993. 31. Krdevo Military Police Dai(v Report l1umber 198/93 of4 June 1993, 32. Kresevo Military Police Daily Reporl number 197(93 of3 June 1993. 33. Kre!ievo Military Police Dai(v Report number 196/93 of2 .lulle 1993, 3~. Kresevo Military Police Daily Report l1umber 193/93 ~f 1 June 1993, 35. Work Order number 59 for 30131 May 1993 from 08.00 to 08.00 hI'S, 36. Kresevo Milito/}' Police Daily Report number 191193 of31 May 1993, 37. Kre,fevo Military Police Daily Report nllmber 188/93 of27 May 1993, 38. Certificate of the Krefevo Militmy Police on the Handover of Seized Weapons number 187/93 of26 May 1993, 39. Kresevo Militwy Police Daily Report number 186/93 ~f26 May 1993, 40. Kresevo Mililary Police Daily Repor! number 185/93 of25 May 1993, 41. Kresevo Milila/}' Police Report number 182/93 of 19 May 1993 . .n. Order number 192/93 of6 May 1993. 43. Kresevo MililClry Police Report number 179/93 of 4 May 1993, 44. Kresevo Military Palice Report number 177/93 0/26 April 1993. ~5. Kre"evo MilitalY Police Order number 158/93 ol31 March 1993, 46. Kre!;evo Military Police List number c/J3/93, -17. Krelievo Military Police Dai(l' Repor! of26 January 1993, 48. KreSevo Military Police Report number 125/93 of JOJanuary 1993, 49. R~lerral to a Specialist for_number 1113193 of24 August 1993, 50. Finding and Opinion o/a Specialist MD jor_number 1075/0.p .. 51. Finding ofa Specialist MD of 19 October 1993. 52. R~lerrallo a Specialist/or number 6320 of 20 December 1993, 53. Finding and Opinion ~l a Specialist MD for.- PURL: https://www.legal-tools.org/doc/83dcde/ 61. The Washington Agreement 62. Decision of the Presidency of the Republic of Bosnia and lier-zegovina Te,.,,,inaling the State of War ("Official Gazelle of R BiH" number 50195), 63. Excerpt from the Criminal Record for Sw,pect Kre!;o LucHe number 0216-6-04-2- 418/06 HI. of 31 May 2006. 6.. Excerpt from the Register ofBirrhs for suspect Kreso Lucie number of 65. ICRC Certificatefor_number BAZ-366853 ,if 24 June 1994. 66. Certificate oflhe Association o./Camp Detainees of BiH number 4291/2004 oll November 2004, 67. Certificate '!l Association oj' Camp Detainees of BiH for number 423212004 of 14 October 2004. 68 Certificate of Association o.f Camp Detainees of BiH l1umber 423312004 of 14 October 2004. 69. Certificate of Association of Camp Detainees of {jiH jor number 423412004 of 14 October 2004. 7(), ICRC number BAZ-366856 of27 May 1994. 7I. Certificate ofAssociationlJfCamp Detainees oj'BiH numher 1- 21139 (i/8 October 1998. 72. Certificate of the State Commissionfor Exchange Investigation results: The results of the investigation conducted co'?firm beyond doubt that this Indiclment is grounded. as well as Ihe allegations that the s"'pee! himself and together with other members of the KreJevo HVO A1ilitary Polh'e committed and participated in the perpetration o./'the criminal acts stated ill the operative part of the Indictment in the manner. place and at the time outlined in operative part ,,/' the Indictment. which contain all esse:mtial elements (~l the criminal qDence q/ Crime against Humani(v in viol(ltion of Article 172 paragraph I items (e), (f) and (k) of the Criminal Code of Bosnia and Herzegovina in conjunction with Article 180 paragraph 1 and Article 29 ofthe Criminal Code ofBosnia and Herzegovina. The eviden"e collected. comprising 0/ statements of witnesses. victims of the criminal offence the su.'pect is charged tvith as 1,,1)ell as eye-witnesses to the events. along with physical evidence. indicate that there is sufficient grounded suspicion to issue this indictment. It follows from the ICTY Trail Chamber Judgment numher IT-95-J4/2-T of 26 February 2001 in the Dario Kordie and Mario Cerkez case that Ihe Central Bosnia 7 PURL: https://www.legal-tools.org/doc/83dcde/ encompassed. inler alia. KreSevo Municipality, and that Krdevo Municipalily was neighbouring to Kiseljak. 30 km away from Busovaca, that in 1991 its population was 6,700, 70% of who were Croats, 23% Muslims and 5% Serbs. In 1992, Croats had Ihe control over Ihe police in KreJevo. In April 1992. the Kre,sevo Municipal Assembly was dissolved and Crisis StaU·wasfounded. Although there were Muslims among the members of the Crisis Staff, they had no actual power, ther4ore. Muslims began preparing for d~fence (par. 50S, p. 154). It follows from the physical evidence and statements of the witnesses examined. enclosed with this Indictment, that units of the Croatian Defence COllneil. including members of the HVO Military Police, commilted a widespread and systematic allack againsl civilian population in Ihe teritory of the Kresevo }dunicipality in the time period described in the operative part of the Indictment. That uttack constitured a continualion of a widespread or systemalic allack Ihat the HVO units carried out on the territory of the neighbouring Municipality of Kiseljak and other municipalities of Central Bosnia, specifically Busovaca and Vire:. In the Judgment nllmber IT-95-I4/2-T of 26 February 2001 in the case against Daria Kordic and Mario Cerkez. ICTY Trial Chamber concluded that the weight of evidence clearly aUests to the persecution of Bosniaks in the municipalities (jfCentral Bosnia, where HVO took over the pO'wer, imer alia the municipalities of Ki.l'eljak. Busova('a and Vilez. The Trial Chamber also concluded the follOWing: "The fact Ihal Bosniaks may hove persecuted Cmats ill olher municipalilies does nol make this finding incomplete and il does not justio' the persecution committed by HVO in any way" (par. 520, p. /5S). These conclusions of the Trial Chamber in re/atioll to Ihe PURL: https://www.legal-tools.org/doc/83dcde/ llnils. commanded by suspecl Kreso Lucie disarmed persons of Bosniak elhnicily and searched Iheir houses in Ihe lerritory of Ihe Kresevo Municipality. The altack escalaled on 19 June 1993 and in Ihe days tofollow. During the attack, more than 200 Bosniak civilians. among them a fairly large number of elderly persons. women. children and able-bodied men. were captured and transporled by buses and olher vehicles and imprisoned in Ihe camp in the "Iva Lola Ribar" Primary School in Kre.sevo. After a while. all of the able-bodied men. including those under age and men older than 60. lf1ere transported to the "Sunje" camp in Krdevo. The prisoners of the aforementioned camps were daiZv taken to perform forced labollr on the front lines between HVO and RBiH Army, which consisled of digging trenches, dug Ollts and communication trenches, and they carried oul other hard labollr for Ihe needs of Ihe Craal D4ence COllncil. The witnesses that this Prosecutor's OJ}iee examined in the invesligation confirm the above. Witness. _ slales in his deposition Ihat HVO IInils would raid the village C!l erniCi and olher villages even b40re 19 June 1993 lookingjiJl- weapons. and Ihat on 19 June 1993. a massive attack occurred by HVO 011 the Village 01' CrniCi and the neighbouring villages, and Ihal all of the villagers of Bosniak ethniet)' .tram Ihose villages (under-age children, Ihe elderly. women. and Ihe able-bodied) were captured and transported by buses to the "lvo Lola Ribar" Primary School in Kre.ieva. He says that he was taken .trom the PrimOlY School to the civilian police buildillg in Kre.ievo. where he was lortured, and Ihat a few days later he was tl'llns/erred to the "c~unje" warehouse., where he Jimnd more than 200 able-bodied men from the greater region of Ihe Kresevo Municip All of the witnesses who were imprisoned in Ihe comps slate thaI Ihe conditions in the "Sunje" camp were disasterolls, that they did nol have sl(tJicient food 01' water, Ihal they were not allowed to use roilels. olthough they were within rhe camp 9 PURL: https://www.legal-tools.org/doc/83dcde/ building. and that they did nOI have relevallt medical assistance many of them were in need of The wilnesses .fil'ther state Ihat the Intemalional Committee of Red Cross officers arrived in the camp only two to three months afier they had been captured and registered those prisoners who were not exchanged Or were not taken to pe~formforced labour. All the evidence collected indicate that suspect Kre!;o Lueii', knowing about the existence of a Widespread or systematic attack on the territory of the aforementioned municipalities of Central Bosnia. even participating in parr in that attack. took the outlined criminal actions in his capacity of the Krdevo Municipality Military Police Commander, and the fact that the suspect did know about the ottack follows Fom the documentation enclosed personally dra/ied and signed by the suspect in the course of 1993, ie. Krdevo Military Police Report number 177/93 of26 April 1993, Kresevo Military Police Report number 179/93 of 4 May 1993, Krefevo Military Police Report number 182/93 of 19 May 1993, Kre!;evo Military Police Daily Report number 185/93 of 25 May 1993, Kresevo Military Police Daily Report number 186/93 of 26 May 1993, Kre!;evo Military Police Dai~v Report number 188/93 ol2? May 1993, Kre,fevo Military Police Daily Report number 193/93 oll June 1993. Kre!;evo Military Police Dai(v Report number 197193 'if 3 June 1993, Kresevo Military Police Daily Report number 198/93 of 4 June 1993, Kresevo Militmy Police Report number 201193 of 5 June 1993. Kre!;evo Military Police Report number 206193 of 8 June 1993. Work Order number 75/93 of 15 June 1993, Report on Release to House Arrestfor __ of 4 July 1993 and other doclimentation enclosed with this Indictment. III his slalemems given to this Prosecutor's o'ffice, suspect Kreso LuCie himselfslated that in the critical period he was the Kre.vevo HVO Military Police platoon commander and that he conveyed oral orders to militmy police officers to arrest solely able bodied persons. In the investigation. the ProseclItor's O,tfice of BiH gathered evidence corroborating the alleged fi,cts described in count 1 of the Indictment that in June and July 1993. together with members of Kresevo military police who were his subordinates, suspect Kreso Lucie unlav.ful~v deprived of liberty, took away and imprisoned Bosniak civilian population /men, women with children and the elderly/ from the villages in the territory of the Kresevo Municipality alld Kresevo proper in the camps ill the "11'0 Lola Ribar" Primary School and "'~lInje" warehouse in KreSevo, where the conditions were poor. The evidence consisls of stalemems of witnesses who were unlawful~v deprived of liberty by the suspect and his subordinate military police (i/ticers and imprisoned in the camps in the territory (il the Krdevo Municipality, as well as the follo>vinl! p,"p-wil'np.«e'.< PURL: https://www.legal-tools.org/doc/83dcde/ III Ihe course of rhe investigarion. the Prosecuror's oftlce also examined wimesses who were prisoners {~f the camps in the territory of the Kreievo Alunicipality. Those witness stalemets show that the suspect IOrtlired many prisoners of Bosniak ellmicity in the Primary School camp and the premises of the Kref;eva MiliralY Police Main S/(fjr which was localed in the Kl'eSevo "Elekll'Oprivreda" building. ordered thut they be tortured or participated in the torturing by punching them. kicking them. and heating them with wooden hatons all over their bodies. He That the above persons were tortured was confirmed witnesses who saw Ihe injuries a,/ier the above persons were brought back from the interrogations and imprisoned in Ihe camps or were told hy those persons Ihat they had been tortured by the suspect. Witness nri.\'(.m,,'rs lvere tortured besides him. inter alia rVirness states that many prisoners were tortured and that. among others. he saw injuries on the body Witness_states that he ,'aw injuries on many prisoners after they had been back the eXGlmi,nat.io!!, stales Ihal lold him that the suspect had tortured them on the premises of the Kresevo Military Police Main Siaff stated that he and •••••••• had been lortured by the slispect, and that atlhe critical time period rhe two of them were ,,"der age. He also saw when was brought in on the premises of the Kresevo Military Police. and he heard while he was heeing be olen and tort"red ill the adjacent office. A./ler he had beell broughl back to the "Sunje" camp, he saw brought back too, who had visible i,?juries all over his body. states that_ SWIDe,CI beat him and thar he clearly saw injuries on the and Ihat, while he W(IS imprisoned in the Primary School. he saw h!iuries on the body and that he told him that Ihe suspecl hod bealen him. Other witnesses 100 stale that many prisoners of the ",<;u,?je" camp were tortured, and all of the prisoners recall that prisoner _ _ died of the injuries he sustained. FinalZv. a prisoner of the "Sunie" camp. willless. medical poillls out Ihat in his long practice. he has not seen sn extensive and numerous injuries with huge haematoma all over the body as those thai the prisoners of the "Sunje" camp. whom he tried to help, sustained while they were tortured The stcltements of those witnesses and victims of rhe events described IInder counts 2, 3, and 4. of the operative part of the Indictment 11 PURL: https://www.legal-tools.org/doc/83dcde/ constilllte the evidence on which the Prosecutor S Oifice of BiH grollnds the above mentioned COl/nls of the Indictmenl, In addition to thai, important corroborating evidence in relation to count 3 of the indictment (in relation is the Kresevo Military Police Report number 221193 of 2 JuZv 1993, which shows that the victims were indeed interrogated all the premises of the Kre.sevo Military Police Main Stqff In view of all of the above, a conclusion can be drawn from the evidence gathered in the investigation that there is sufficient grounded suspicion that the suspect committed tl,e criminal acts charged with in this Indictment, Iherefore, I am of the opinion thai Ihe Indictment is fu/~v justified and based on the law, hence I propose that the Court of BiH confirm the Indictment. ",) The malerial corroborating the allegations in the Indictment "Records On Examination o.lSuspect Kreso Lucie number KT-RZ 130105 of 25 April 2006" 21 Septemebr 2006, 19 October 2006., -Record on Examination 'if Witness number KT-RZ 130105 of 17 August 2006, . Record on Examination of Witness number KT-RZ 130105 of 19 September 2006, - Record on Examination of Witness number KT-RZ 130105 and KT- RZ 169105 o.l17 August 2006, -Referral to a specialistfor_number 1113193 of2-1 August 1993, -Finding and opinion of a specialist medical doctor for number 107510p., -Finding and opinion ofa specialist MDfor lof 19 October 1993, ) - R4erral to a specialist for_ nllmber 6320 of20 December 1993, - Finding and opinion o.la specialist MD for_of21 December /993, - Record on Examination of Witness number KT-RZ 130105 o.ll8 May 2006, -ICRC Certificate for number dOled, - Record on Examination of Witness nllmber KT-RZ 130105 of 6 March godine, - Record on Examination of Witness number 227100 of 21 November 2000, -Official Note number 0112,3-5/9100 November 2000, - Record on Examination ol WII'J1P". number KT-RZ 130105 o.~.f~'4~~~ October 2006, PURL: https://www.legal-tools.org/doc/83dcde/ - Record 011 Examination o.l Witness number KT-RZ 130/05 0.1' '8 September 2006. - Record 011 Examination of Witness numher KT-RZ 130/05 of 18 A ugusl 2006. - Record all Examination of WillIess number KT-RZ 130/05 of 26 September 2006. - Record all Examination of W;/'IIP'" • •• number KT-RZ 130/05 onJ September 2006. - Record on Examination of Witness number KT-RZ J 30105 of J 2 September 2006, - Record on Examination 0.1' Witness _ number KT-RZ 130/05 o.l18 September 2006. - Record on Exumination of Witness nllmber KT-RZ 130/05 ql 17 August 2006. - Record on Examination of Witness _ number KT-RZ 130105 o.l13 September 2006. - Record on Examination 4 Witness number KT-RZ 130/05 of 13 September 2006. - Record on Examination of Witness _ nllmber KT-RZ 130105 of 17 August 2006. -Cerlificate o.lthe Association of Camp Detainees o.l'BiH for_number 429112004 of 1 November 2004. - Certificate '!l the Association o.l Camp Detainees ol BiH .lor number 42 3212004 (~l14 October 2004. - Certificate of the Association 01' Camp Detainees of BiH for Ilumber 423312004 01' 14 October 2004. - Certificale ,,/the Associe"ion of Camp Deluinees of BiH number -123412004 oj' 14 October 2004, - Record on Examination ,,/ Witne.l'.\· "umher KT-RZ 130105 ol16 August 2006. - Record on Examination ofWilness_number KT-RZ 130105 of7 Augusl 2006. - Record an Examinalion of Witness _ number KT-RZ 130/05 ol5 June ]006. - Record on Examination (~lWilness ••••• nl/mber KT-RZ 130105 of5 June 2006. - Record on Examination of Witness number KT-RZ 130/05 of 30 May 2006. - Record on Examination 0.1' Witness nllm'hPrKT-RZ 130105 ofl0 May 2006. 13 PURL: https://www.legal-tools.org/doc/83dcde/ - Record on Examination of Witness number KT-RZ 130/05 of 23 Januury 2006, -Certificate of the District Commission for Exchange of Prisoners of War. Persons Deprived of Liberty and Bodies of Those Killed jar number 98 of 13 April 1994. -Certificate ufthe State CommissionjiJr Exchange of Prisoners of War fur _ _ number 05-91-0/94 of 11 November 1994. -JCRC Certificate BAZ-366854 of27 May 1994. - Record on E.mminatiol1 of W;"np". number KT-RZ 130/05 of 7 March 2006. -JCRC Certificate number BAZ-366856 of27 May 1994. - Certificate of the Association of Camp Detainees number 1- 21139 <18 October 1998. - Certificate of Ihe Siale Commission for Exchange of Prisoners of War nllmber 05- 147-R/95 of21 April 1995. -Certificate of membership of Kreso LuCie to the Military Police unit VP 1783 - Kresevo number V21-4111-J6-21-133104 of 22 November 2004. -Personal/ile ofall ice I' KreSo Lucie number 1042169. - Kresevo Military Police Report number 221193 of2 July 1993. -List ofsoldiers of the Kre!ievu Military Police number 309/93 (Jf8 October 1993. -List of Kre!;evo Military Police number 413/93 of 18 December 1993. - List ofKresevo Military Police number 435/93 of 30 December 1993. - List ofKrdeva Military Police number 14194 of 12 January 1994. - List ofKrdevo Military Police number 58/94 of 15 February 1994. - Kresevo Military Police Report/or 27 June 1993 number 54/94 of 12 February 199./. -O/fkial Note 'dthe Krdevo Military Police number 419193 of21 December 1993, -Order (Jf Ihe KreSevo Military Police Commander number 62/93 of 9 December 1993. -Document of the Kr.sevo Military Police number 331/93 of21 October 1993. -Order of the Krelseva Military Police Commander number 322/93 olI8 October 1993. - Kresevo Military Police Report number 255193 of19 August 1993. - Kresevo Military Police Report nllmber 254/93 of 18 August 1993. -SIS Order number 6//93 of 15 Augus11993, -S1S Order 55/93 (Jf 5 August 1993. -Request for Bringing in a Conscript lIumber 234/93 of 18 July 1993, - Kresevo Military Police Report number 232193 of 16 Ju(v 1993. - Kresevo Military Police Report number 23//93 ofl6 Ju(v 1993. -Request/or Seizure olMaterial and Technical Equipment of 5 July 1993. - KreSevo Military Pulice Report number 220193 'd5 July 1993. PURL: https://www.legal-tools.org/doc/83dcde/ -Report on Release oj_to House An'est of4 JuZv 1993. -Order for Apprehension issued by Ihe KreSevo D~(ence O.tfice 10 the Military Police dated 4 JuZv 1993.- -Order fo secure the building where the prisoners are detained number 374/93 of 30 June 1993. -Work Order number 75/93for 15/16 June 1993/i'om OS. 00 to OS. 00 hrs. - Kre. 15 PURL: https://www.legal-tools.org/doc/83dcde/ ~Week~v Reporl on Reconnaissance and Allack oj HVO prepared by 3"d Battalion of Ihe 9'· MOllnlain Brigade of the Armed Forces of R BiH number 894/93 oj 6 October 1993. -Reporl oflhe 3"d Baualion oflhe 9'. Mounlain Br(gade of the Armed Forces ofR BiH number 926/93 of 1 1 OClober 1993. -Report on Reconnaissance of the 3 Baualion oj the 9'· Mountain Brigade oj the R BiH Army number 1049/93 of 30 October 1993. -Daily Intelligence Report of the 3,d Baltalion of the 9'h Mounlain Brigade of the R BiH Army number 1118/93 of 11 November 1993. -Daily 1ntelligence Report of the 3'd Battalion of the 9'· Brigade of the R BiH Army number 1318193 of19 December 1993. Motion oj the Prosecutor's Office to accept the established facts Pursuant to Article 4 o.f the Law on Transfer oj Cases from leTY and Article 15 oj the Criminal Procedure Code of BiH. the ProseclIlor's Office (?l BiH proposes Ihal the Court ol BiH accept as proven the facts established by " legal~v binding decision in Ihe proceedings before ICTY. and to tender into evidence judgments of the ICTY Trail and Appeals Chamber in the case againSI Daria Kordi': and Mario Cerkez number IT~95-14!2-T of 26 February 2001 (par. 520 and other paragraphs oj Ihe Judgment relaling to Ihe widespread and systematic attack on Ihe lerritoryof the municipalilies ofKise!;ak, Busovaca and Vitez) and number IT-95-14!2-A of17 December 200-1 (j>aragraph 667. 668, 669, 670. 676 and other paragraphs o.f'the Judgment relating to the wide.lpread or ,Iystematic attack on the lerrilOlY of the municipalities ol Kiseljak. Busavaca and Vitez). Namely. il was established in the above paragraphs that the Croat Defence COllncil IInilS carried 0111 attacks on Basniak civilian population in the Central Bosnia municipalilies o.l Kiseljak. BI/sovaca and Vilez and Ihal those attacks had 10 be qualified as widespread. systematic and directed againsl Bosniak civilian population. In paragraphs 667 and 668 of Ihe Judgment. ICTY Appeals Chamber slaled Ihal during those al/acks crimes were commilled in Busovaca. village of AhmiCi. village o.l SalltiCi. villages o.l Nadioci and Pirie;. village of Gabee. village o.l VeeeriskaiDonja Veeeriska. village of ocehnib. villages in the territory ~l Kiseliak Municipality. as follows: ROlilj. Svinjarevo, Gomiollieo. Visnjico. Polje Visnjica. BehriCi. Gromljak. Han Ploca, Grahovci. and Kaonik. Primary School in Dubravice. State Bookkeeping Service building. cinema in Vilez. mililary barracks in Kiseljak and the Kiseljak Municipality building. PURL: https://www.legal-tools.org/doc/83dcde/ When proposing thaI the facts in the above rejerrencedjudgments be accepled as proven, this Proseculor's O/lice has primarily ,akel1 into account thai the said/aclS do not cOif/lrm the slI.Ipect·s criminal re,'ponsibility direclZv or indirectly, that the Judment olthe ICTY Trial Chamber in relation TO the municipalities o[ Kiseliak Busovaca and Vitez has been upheld b.Y' the Judgment of the ICTY Appeals Chamber. i. e. that the said is legally binding and that. by accepting the facts in the cited Judgments. the compliance with the presumption of innocence of the suspect is nol excluded. given thai they will be considered togelher wilh all olher evidence presented in the main Irial. In addition to thlli. the suspect's right to trial without delay will also be complied with, as set out under Article 13 o[ the BiH Cpc. as well as Article 6 paragraph 1 of the European Convention on Human Rights and Fundamental Freedoms stipulating the principle o[trial within a reasonable time. Motion to extend custody Given that based on the results of the investigation and evidence gathered one may reach the conclusion that there is grounded suspicion that Kreso Llicie committed the criminal o/lenee of Crimes against Humanity in violalion of Arlicle 172 paragraph I items (e). (I) and (k) of Ihe BiH Cc. and considering thot all the requirements for custody that had existed at the time the decision ordering and extending custody was issued during the investigation continue to exist. pursuanr to Anicie 227 paragraph 3 and Article /37 paragraph 1 of the BiH CPC. I hereby propose that the COllrt. should it confirm this Indictment. extend custody against accl/sed KYeso Lucie on account of the existence of the grounds under Article 132 paragroph I ilem (aJ and (b) of the BiH cpc. Namely. it is a fact that accused Kre.fo LuCie also has the citizenship o[ the Republic 17 PURL: https://www.legal-tools.org/doc/83dcde/ or a lemporary place of residence regislered in Bosnia and Her::egovina. Furlher. accused Lucie. once he found out in 2001 that there was an investigation ongoing against him, he left Kresevo, where he had his temporary place of residence registered at Ihal time and he l~ft to live in Siroki Brijeg. where he did not register his new address with the compelent allthorities. which can be seen .tram the documentation that the Prosecutor's (iffice of BiH has submitted to the Court to date. There were arrest W01Tants against the accused that had existed for a longer period of time, however. Ihe accused was still unavailable to the prosecution authorities of BiH, crossing the border between BiH and Croatia. where he has his permanent place of residence registered. without any difficulties. Considering all of the above circumstances together with the gravity of the criminal o/limce Ihe accused is charged with and his awareness that the imprisonment jar a term often years or a long-term imprisonment may be imposed on him. the Prosecutor's (iffice is of the opinion then that there is justified fear of./light in case the accused is released from custody, 1 am of the opinion that Ihe above circumstances still constitue a reason for extension of custody sel out in the provision of Article 132 paragraph 1 item (aJ of the BiH CPe. The Prosecutor's (iff/ce ~j' BiH has also proposed a number oj'lVitnesses to be heard at the main trial. The majority of those witnesses live in the area of Kresevo Municipality and they need to give evidence at Ihe main tried without pressure or fear ofpossible consequences thaI might occur as a result of giving that evidence. The a,'cused already knows the names and last names of the witnesses examined in the investigation, and once Ihe Indictment is confirm'ed, available to him, In his stalemenl, witness slates that he was offered money not to leslifY agaimf the accused. Accused Krdo Lucie himse/fsaid when giving his statement to the Prosecutor "Krdevo is a small place, and we all know each other from different situations, be it as high-school students, employees or only as acquaintances in Kre,;evo ". Further, the ProsecUlor's Office of BiH is also conducting an investigation against several co-perpetrators to who the accused was a direct superior, One o.j'those co-perpetrators is Marinko Puljic. aka "Marun ", who is currently at large, and who. at the critical period o.ltime, carried out the duty o.l the Deputy Commander o.f the Kresevo Militwy Police. The Prosecutor '.I' Olfice of SiH is also conducting an investigation against several olher milital')' police o.fficers who were directly subordinate to the accl/sed On account of wounds for suspicion that, together with the accuced, at the critical time, they tortured prisoners of Bosniak ethnic;ty in the Military Police Main Staff in the "Elektroprivreda" building in Kresevo, 1 am of the opinion rhat all of the above circumstances constitute particular circumstances indicaling that, if released, the accused might hinder the inquiry by influencing witnesses and co-perpetrators.~'!f,=~~ PURL: https://www.legal-tools.org/doc/83dcde/ Ihal grounds /0/' extension of cuslOdy providedfo,. in the provision afArticle 132 paragraph I ilem (b) ofthe BiH CPC continlle to exist. PROSECUTOR OF THE PROSECUTOR'S OFFICE OF BIH Slavica TefZ;c Isigna/ure and stamp affixedl 19 PURL: https://www.legal-tools.org/doc/83dcde/