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, BOSNIA AND HERZEGOVINA Cou rl of Rosnla and Hcrzcgo\';na Numbcr: X-KRZ-OS/04 Sarajevo, 7 August 2007 IN THE NAME OF I:IOSNIA AND HERZEGOVINA! Coun of Bosnio nnd Herzellovina, the Panel of the Appellate Division of Section I for War Crimes comprised of Judge Azra Miletie, as President of the Panel, and Judges Jose Ricardo de Prada So laesa and Finn l.ynghjem, as the Panel Members, with ieljko Mnrenic panicipating as a legal advisor, in the criminal case against the accused Bobon SimSie for the criminal offence of Crimes against Humanity in violation of Anicle 172 (I) (h) in conjunction with Subparagraphs a), d), e), I), g), i) and k) of the Criminal Code of Bosnia and Her:tegovina, with respect to the Indictment of the Prosecutor's Omce of Bosnia and Herzegovina Number KT-RZ-2105 of 28 June 2005, confirmed on 8 July 2005, upon the trial held in the presence of the Prosecutor of the Prosecutor's Omce of Bosnia and Her~egovina Mirko Letic, the accused Bobon SimSic and his Defence Counsel, attorney Veljko CivSa, rendered and on 14 August 2007 publici)' announced the following VERDICT THE ACCUSED S08AN SIMSIC, son of father Siobodan and mother Jelena, nee Mosie, born in ViSegrad on 7 December 1967, wilh pennanenr residence in the village of Zlijeb al Number 3.5, ViSegrad Municipalily, Serb, police omcer by occupalion, compleled secondary educalion - locksmilh, married, falher oflwo minor children, served Ihe mililar)' lerm as member of Ihe fonner JNA in 1986 in Slip, regislered in Ihe mililary records of Ihe Municipal Depanmenr of the Minislry of Defence in ViSegrad, has nOI been decoraled, indigenl, no previous conviclions, cilizen of BiH, personal ID number 171296713364 7, in cuslody of the Coun of BiH since 24 January 2005 Is found guilty Becnuse: As a pan of a widespread and S),Slemolic auack of Ihe Serb Army. Police and paramilitary Serb fornlDtions led againstlhe Bosniak civilian population in Ihe terrilory of the ViSegrad MunicipalilY, being aware of thaI attock, as a member of Ihe Reserve Police Forces of the Republika Srpska Minislr)' of the I",erior, ViSegrad Police Slolion, in the period from April 10 July 1992, he persecuted Bosniak civilian population on polilical, national, elhnic, cuilltral and religious background, by committing murders, incarceralion, lonure, enforced disappcarance of persons and assisting in Ihe rape inasmuch os: PURL: https://www.legal-tools.org/doc/15f318/ I. On 18 June 1992: at around 10:00 am, together, in a group of several members of the Serb Army and Police armed with rines, he panicipated in the allack on the village of Kuka in the Vi$egrad Municipality and arrest and unlawful imprisonment of several d07.ens of Bosniak civilians, including women, children and men whom they took and detained on the premises of the Hasan Veletovac Elementary School in Vi$egrad: except for Orner Kari$ik and Redt.o Sabanovi~ whom they took away from the village and who have becn unaccounted for ever sincc; 10. On 25 July 1992, together, in a group of approximately tcn mcmbers of the Scrb AmI)' and Police, he panicipated in the anaek on the village of Velji Lug in the ViSegrad Municipality in which. armed with rines, the)' killed Mediha Ahmetspahi~, Amela Ahmetspahi~, Razija Ahmetspahi~, Fata Su~eska, Safet Alji~, Latifa Ahmetspahi~, Smaila MentiSevi~, set ablaze the houses and business facilitics owned by Bosniaks and took away several dozcns of Bosniak civilians, including women, childrcn and men and unlawfully detained them on the premises of the Hasan Vcletovae Elementary School in ViSegrad; 2. In the second half of June 1992, as a member of the Reserve Police Forces of the Republika Srpska Ministry of the Interior of Vi$egrad Police Station: while performing the duty of the guard in charge of securing Bosnisk civilians detained on the prcmises of the Hasan Veleto\,ac Elementary School building in Vikgrad, several hundnids of them including women, children and men, together with other members of the Serb Army, Police and paramilitllry fomlations, hc pllnicipated in the killings: enforccd disappearance and tonure of the detainees, and he aided and abclled in cocrcing girls and young women into sexual intereoursc in as much as: 2.0) On an undetermined date in the second halfof June 1992, together with Milan Luki~, he singlcd out the Bosniak civilians Ismel Bulato\'if, Semso Poljo, Enlz Smajif from the premises of the Hasan VCletOV3c Elementary School in ViSegrad in which civilians were incarcerated, and they took them out of the school, whereupon they hove been unaccounted for, 2.b) During the second half of June 1992: on several occasions, he Singled out girls and young women who were unlawfully detained on the premises of the Hasan Veletovac Elementary School and took them oway for procuring to other members of the Serb Army who were commilling multiple rapes, beating up and humiliation of a number of female persons including: 1·l.L.; S.F.; A.N.; N.A.; H.S.; M.Z.; U.M.; H.A. 2.t) On an undetermined date, mOSt likely on 28 June 1992, while being aware of acts which were going to be commilled, he allowed Milan Luki~ lind other members of the Serb Army to enter the premises of the Hasan Veletovac Elementary School where Bosniak civilians had been unlawfully detained, whereupon they: 2 PURL: https://www.legal-tools.org/doc/15f318/ • singled out around twenty men and ordered them to go into another room whcrc thcy kicked, punched and hit them with solid objeclS, inmcting serious physical injurics and mentsl sufferings on _Ju~uf Poljo, Mehmed Bajramo'-ic, Ramo Hurem, Hamed Hodiic, Ibri~im Hadiit, A,-do Aljit, A\'do Ferit, Abid Alijn~e\'ie, Ibro Melllie, Nail Ramie. Ibro Subunovlc, after which, in Ihe same nighl, Mehmed Bajramo\'ic wus laken OUI of Ihe huilding of the Hasan Veletovac Elementary School whcreupon hc has been unaccounted for, and the next morning, when Mehmed's wife asked the accused SimSic to tell her what had happened to her hUSband, he cursed "her Balijs's mother" /lrans/aIOI'S lIote:. 8(1/ij(l Is a derogatory' lerm for MI/slims! and slapped her across the face so that she fell down to the ground with her child; • singled out Hamed Hadtic whom they bent up kicking him and treading on his bod)' while he W05 lying on the noor, and when HaSa Hudiie, 1·lamed' wife, ran up to beg that they refrain from abusing him because he was a hean patien!, she hcrself sufTercd serious physical abuse having received multiple blows on the jaw, and aftcr she had sufTercd thc jaw fracturc due 10 Ihc forcc of Ihc blow and fallen down, they continued with kicking hcr all ovcr her body; • after Ihe accused, logether with a group of the Serb AmlY members, hod laken Ihe minor girl S.H. oul of Ihe room in which Ihe civilians were imprisoned, and after Ihe girl hod managed 10 escape and free herself, Ihey hod immediately singled out her mother H.R. aka Suhra and in a corridor one of the soldiers from the group, holding her rather long hair with his both hands, lifted her ofT the ground and turned her body several times. thus pulling Out most of her hair after which he staned beating her On the head, chest, legs and back saying: "Why did you lell S. to run away from us" and then led her into the room together with the Accused and said: "Now we're going to rip your heans out and fry them on these plates", pointing at red·hot plates of an electric stove and the Accused said laughing: "You'll eat now unlil you're stufTed", and then the unknown soldier struck her again and on that occasion he broke her nose thus causing her heavy bleeding; • took (bro Sabuno,'ic, Bosniak civilian, out of the large roonl in which he was unlawfully detained together with other civilians inlo the corridor where Milan Lukic cut his throat with a knife and then threw his cut-ofThead among the other detained civilians; The r e ro r e, by the actions described in Sections I, Ia, 2a, 2b, 2c or the operative pan of the Verdict, as a pan of Ihe widespread and systematic allack directed againsl Ihe Bosniak civilian population, being aware of such allack, he persecuted Bosniok civilian population on political, national, ethnic, cultural and religious grounds, in connection with murder, detention, tonure, enforced disappearance or persons and aiding and abelling in the rapes, 3 PURL: https://www.legal-tools.org/doc/15f318/ • Whereby he commincd the criminal offence of Crimcs agoinst Humanity in violation of Aniclc 172 (I) h) in conjunction with Subparagraphs: a) depriving another person of his life (murder), e) imprisonment, f) tonure, g) coercing another by force or by threat of immediate anack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or BII equivalem sexual OCt (rape); i) enforced disappearance of persons; all of this in conjunction with Anicics 29 and 31 of thc Criminal Code of Bosnia and Herzegovina, hence, by applying the referenced legal provisions and Aniclcs 39, 42 and 48 of the Criminal Code of Bosnia and Herzegovina, the Coun SENTENCES HIM TO IMPRISONMENT FOR A TERM OF 14 (founeen) YEARS Pursuamto Aniclc 56 ofthc BiH ce, the timc spcm in custody pending trial, staning on 24 January 2005 until comminal to scrvc the scntence, shall be creditcd towards the scmence of imprisonment of the Accuscd.

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