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PROSECUTOR's OFFICE of BOSNIA and HERZEGOVINA SARAJEVO Number: KT-RZ-88106 Sarajevo,Lo October 2006

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PROSECUTOR's OFFICE of BOSNIA and HERZEGOVINA SARAJEVO Number: KT-RZ-88106 Sarajevo,Lo October 2006 · . BOSNIA AND HeRZeGOVINA PROSECUTOR'S OFFICE OF BOSNIA AND HERZEGOVINA SARAJEVO Number: KT-RZ-88106 Sarajevo,lO October 2006 COURT OF BOSNIA AND HERZEGOVINA SARAJEVO - Preliminary Hearing Judge- Pursuant to Article 35 (2) h). Article 226 (1) and Article 227 (1) of the Criminal Procedure Code ofBosnia and Herzegovina. I hereby file the following INDICTMENT Against: NISET RAMIC, a.k.a. "Mindusa", son of Hasan and mother Fata nee Sejdic. born on 18 October 1970 in the vii/age ofGornja Seoca. Visoko Municipality. which is also his place of residence. Bosniak. citizen ofBosnia and Herzegovina. secondary school education. unemployed. single, previously convicted by the Verdict of the Military Court in Ljubljana number LK-17/90, dated 28 March 1990,for the criminal offense in violation of Article 165 (1) of the Criminal Code of the Socialist Republic of Slovenia, the Verdict of the High Court in Zenica number K-5/96. dated 24 July 1996, for the criminal offense in Violation of Article J5I (2), Article 151 (l) and Article 36 (2) of the adopted Criminal Code of the Republic of Bosnia and Herzegovina, the Verdict of the Municipal Court in Vitez number K-267/98, dated 30 July 2001, for the criminal offense in violation of Article 36 (1), in conjunction with Article 19 of the adopted Criminal Code ofthe Socialist Federal Republic of Yugoslavia, the Verdict of the Cantonal Court in Zenica number K-70/97, dated 16 January 2003, for the criminal offense in violation ofArticle 151 (1) of the Criminal Code of the Federation of Bosnia and Herzegovina, currently serving imprisonment sentence in the c1osed­ type Correctional Facility in Zenica under the Verdict of the Cantonal Court in Zenica number KV-J52/01, dated 19 October 2001, for the criminal offense of Aggravated Cases of Theft in the Nature of Robbery and Robbery, in violation of Article 151 (2) of the Criminal Code of the Republic of Bosnia and Herzegovina, and the criminal offense of Murder, in violation ofArticle 36 (2) 4) of the Criminal Code of the Republic ofBosnia and Herzegovina, On thefollowing grounds: During the armed coriflict between the Territorial Defense (hereinafter: TO) of the Republic of Bosnia and Herzegovina (hereinqfter: RBiH) and the Army of the Serb Republic of Bosnia and HerzegOVina, as a member of the Sabotage COlrnp'lny within the 2nd Detachment of the Municipal Staff of Territorial Defense in acted contrary to the rules of the international humanitarian law, thus provisions ofArticle 3 (1) a) and Article 31 of the Geneva Convention Re,/atl'v, PURL: https://www.legal-tools.org/doc/11b591/ ---------- Protection of Civilian Persons in Time of War of 12 August 1949, because, in the early morning hours on 20 June 1992, while conducting an operation of the Municipal Staff of TO Visoko of confiscating weapons in the settlements of Vi/enjak, Ka/otic;, Hillplev;c; and Paljike, Vuoko Municipality, armed with an automatic gun he came to the settlement of H/apceviCi and ordered a group of around soldiers whom he including Muhamed Uzuna/it, a.k.a. "Muha", and to houses, namely, with out of the houses, and ordered the soldiers to tie these persons' hands with a cord and search the aforementioned houses, while he ordered the captured civilians to line up and move in that manner toward Youth Center' in the settlement of H/apceviCi and then to stop and line up against a wall the house owned by_which the captured civilians did. He then ~nllb" step out and tell where the hidden weapons and minefields not answer, the Accused fired a burst at him, cifier which ground due to sustained injuries. The Accused then /0 captured civilians and fired a burst at them, replaced a clip of his automatic gun and fired another burst at the civilians who were lying on the ground, after which, together with the he moved toward the settlement of Kalotic;, while_ died due to the inflicted suffired su.:cu,mt'ed on the way to hospital, Therefore, during the armed conflict in Bosnia and Herzegovina between the TO RBiH and the Army ofthe Serb Republic ofBiN, violating the provisions ofArticle 3 (1) a) and Article 31 ofthe Geneva Convention Relative to the Protection ofCivilian Persons in Time of War of12 August 1949, he committed murder by attacking civilian population, the attack resulting in deaths and grave bodily injuries of the said civilians, whereby he committed the criminal offense of War Crimes against Civilians in violation of Article 173 (1) a) and c) of the Criminal Code of Bosnia and Herzegovina, in conjunction with Article 180 (1) ofthe said Code. I therefore, PROPOSE That thefollowing persons be summoned: Prosecutor ofthe Prosecutor's Office ofBosnia and Herzegovina, Suspect: Niset Ramit, currently serving sentence at the closed-type CorrectionnJ Facility in Zenica Defense Counsel Fahrija Karkin, Attorney from Sarajevo, • "Omladiruki dam" in the vernacular; translator's note PURL: https://www.legal-tools.org/doc/11b591/ 1. That the following evidence be presented: a) By 1. 1. 3. 4. 5. 6. 7. 8. 9. b) By heaJrinf! 1. 1. c) By inspection o/thefollowing documents: Decision of the Presidency of the Republic of Bosnia and Herzegovina on declaration of the imminent threat ofwar ("Official Gazette ofRBiH" No. 1/92 of9 April 1992). Decree of the Presidency of the Republic of Bosnia and Herzegovina on abolition of the then Republic Staff of the Territorial Defense and the establishment of the Staff of the Territorial Defense of the Republic of Bosnia and Herzegovina ("Official Gazelle ofRBiH" No. 1/92 of9 April 1992). Decision of the Assembly ofthe Serb people in Bosnia and Herzegovina on the establishment of the Army of the Serb Republic of Bosnia and Herzegovina ("Official Gazette ofthe Serb People in BiB" No. 6/92 of12-17 MaY 1992). Decision of the Presidency of the Republic of Bosnia and Herzegovina on declaration of the state ofwar ("Official Gazette ofRBiH" No. 7/920f20June 1992). Official Letter of the Security Organ with the Municipal Defense Staff Visoko No. 03/851-1 of7 December 1992. Official Letter ofthe Municipal Defense Secretariat Visoko No. 2/2-841-186 of 7 December 1992. Conclusion and opinion of expert witness medicine speClaJilst. dated 3 July 2006 with regard to the injuries sustained by_ Forensic psychiatric finding specialist in neuropsychiatry. of 5 October 2006. mental capacity of suspect Niset Ramie. Record on wounding by the Public Institution "Health Center and 21 April Case history with supporting medical documents related No. 801. Record of exhumation issued by the District Court in Srpslw Sarajevo No. KRi 15/99 of3 June 1999. PURL: https://www.legal-tools.org/doc/11b591/ Admission Sheet No. 42 of 20 June 1992 GradsluJ groblja d.o.o .• Visoko Autopsy Record - outward examination No. 40-SPI92, GradsluJ groblja Visoko, Admission Sheet No. 40 of 20 June 1992 for_GradsluJ groblja d.o.o. Visoko, Autopsy Record - outward examination of_No. 38-SPI92, GradsluJ groblja d.o.o. Visoko, - Admission Sheet No. 43 of 20 June 1992 for GradsluJ groblja d.o.o. Visoko, Autopsy Record - outward examination No. 4I-SPI92, GradsluJ groblja d.o.o. Visoko, Record on receiving the objects from the body of GradsluJ groblja d.o.o. Visoko -- Mortuary, Certificate ofDeath Admission Sheet No. 64 of 27 June 1992 GradsluJ groblja d.o.o. Visoko, Permit to bury deceased 20 June Certificate of transportation of body number 20/28 RO RMC·· "Diemal Bijedic" Zenica, OOUR··· Regional Hospital, Patient Admission Service; Certificate ofDeath dated 18 June 1999, Criminal record report for Niset issued by the Police Station Visoko, No. 08-03/5-3-04-7-3158/2006, dated 21 April 2006. Results of the investigation conducted by the Prosecutor's Office confirm beyond doubt the grounds for this Indictment, that is, the allegation that the suspect Niset Ramic committed the criminal acts specified in the Indictment in the manner, at the time, at the location and under the circumstances indicated in the enacting clause of the Indictment, which acts contain all essential elements of the criminal offense of War Crimes against Civilians, in violation ofArticle 173 (I) a) and c) ofthe Criminal Code ofBiB, in conjunction with Article 180 (1) ofthe Criminal Code ofBiH On the basis of the evidence that the Prosecutor's Office obtained in the course of the investigation, both material evidence and the statements ofthe interviewed witnesses, it was established that Niset Ramic had committed the relevant criminal offense at the time of the armed conflict between the TO RBiH and the Army of the Serb Republic of BiN. in the settlement ofmapceviCi, Visoko MuniCipality, in the capacity as a member ofthe Sabotage Company ofthe 2nd Detachment of the Municipal Staff of TO Visoko. a) Armed Conflict between the Te"itorial Defense ofRBiH and the Army of the Serb Republic ofBiH Pursuant to Amendments LI and LXXII to the Constitution of the Socialist Republic of Bosnia and Herzegovina and at the proposal ofthe Assembly ofthe Socialist Republic of Bosnia and Herzegovina, at its session held on 8 April 1992 the Pr,,<;,1pr.rev • Town Cemetery LId; translator's note •• Labor Organization, Regional Medical Center; translator's note ... Basic Organization ofAssociated Labor; Iranslalor's note PURL: https://www.legal-tools.org/doc/11b591/ Republic of Bosnia and Herzegovina passed the Decision on the declaration of the imminent threat ofwar. The Decision on the declaration of the imminent threat of war came into effect at the moment ofrendering - "immediately" and was published in the Official Gazette of the Republic ofBiH, number 1/92, dated 9 April 1992. On the basis of Count III of the Decision on the declaration of the imminent threat of war, at its session held on 8 April 1992 the Presidency of the Republic of BiH passed the Decree on abolition of the then Republic Staff of the Territorial Defense and the establishment of the Staff of the Territorial Defense of the Republic of BiH, which came into effect at the moment of rendering and was published in the Official Gazette ofRBiH, number Jl92, dated 9 April 1992.
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