SUD BOSNE I HERCEGOVINE Ref number: X-KRl06/165 Sarajevo. 24 August 2007 IN THE NAME OF BOSNIA AND HERZEGOVINA! The Court of Bosnia and Her::egovina. SectiOIl I for War Crimes, silling in the Panel composed of JI/dge Hillllo Vucinie, as the Presiding Judge, Judge Shireel1 Avis Fishel' and Judge Paul M. Brillllal1, as lIIembers of the Panel, including the Legal Associate Oienana Oeljkii: Blagojevie as the Record-lCIker. in the crimillal case against the accused Nellad Tanaskovie, for the criminal offense of Crimes against Humanity in violation of Al'licle 172 (I) (a), (d), (e), (f). (gJ, (17) and (k) ill conj/mc/ioll with Article 180 (I) of the Crimi/wi Code of Bosnia and Herzegovina (BiH CC). upon the IndictmeJII of the Prosecutor's Office of BiH Ref number KT-RZ-146/05 dated 29 Septelllber 2006, after (he public main (rial. which \Vas port~v closed to the public. in the presence of the Prosecutor of the ProseCutor's Office 0/ BiH, David Sch1l'endimon, Ihe accused Nenad Tanaskovic ill person and Itis Defellse COl/llsel Dragan Borov[;onil1, ollorney-ot-Iall' ,/i'om Sokolac, and Radmila Radosav/jevie, allol'l1ey-at-lall' /1'0111 Visegrad followillg the deliberGlion and voting, on 24 August 2007 rendered and public~)1 annol/nced the/ol/owing: VERDICT THE ACCUSED: NENAD TANASKOVIC a/k/a "Neso", SOI7 o/Momir and SICJ/1ojka, bo1'/7 011 20 November 1961 in the vii/age 0/ DOI?ia L[jeska, Visegrad "4unicipality. Personal Idel1fijicClliol7 Number (JMBG): 2011961133652. Serb. citizen 0/ BiN. residing in Donja Lijeska at No. 16, Visegrad Municipality. unl1wrriecl. literClte, completed seconc!Q/y school. qualijied driver, elllploved. no prior COl1viclions. military service completed in 198/ in SlavOl1ska POiega. currell1~)1 in pre-trial cusloc/y pursuClI1l 10 the COl/rt of BiN Decision, Krnljice Jelene br. KK, 71000 Saraje"o. Dosnn i Hcrccgo\·iua. Tel: 033 707 100. Faks: 033 707 I(plUhlllle leMHc op. 88. 71000 CnpnjeBo.l;ocHo II X'PlltrooIlHn. Te. .: on 707 100. </>o.C: PURL: https://www.legal-tools.org/doc/a7bafc/ HAS BEEN FOUND GUILTY I. Of tfle Following: Inlhe period/i"01ll April !Iwough /cae )llIIe of 1992, during an arllled cOI!!licl ill Bosnia and Herzegovina, as a reserve policeman of Ihe Visegrad Public Secl/I'i~)I SICIlian of Ihe Trebillje Securilv Services Cel1ler. he panicipaled in a widespread 01' syslemalic aflack on Muslilll civilian popula/ion in Ihe lerritOIY of Ihe Visegrad Municipality by the ArlllY of the Serb Republic of Bosnia and Herzegovina ('the ,4r/lly"), Police (llId porolllililWY /orll/otiOIlS .. which was carried oul pursuant TO policies 0/ the Army. the police.. paramililm:" /orm(l(ions. Ihe Serb Democratic Parry ("SDS '). ond olher organizotions .. ond lI'itl/ Ihe purpose ofremoving Bosnian Muslim inhabitants frOIll Ihe lerritOI:" 0/ Ihe Municipalil), of Vi!;egrad. which was (1/1 o/(ack eluring which hundreds of civilians were kil/ed. tortured. beaten .. iIIegall" deprived of liberty. dewined in inlllllllcllle conditions. and forcibly tronsferred 0111 of Ihe terrilory of Visegrad Municip(tli~v, women were raped and their proper~v was illegal/y confiscated, deSlroyed 01' bU1'll1 down, all 011 religious. nmional or political grounds. which are alfacks the Accused had knowledge ofand panicipared in them, in os much os: /. In lIIid- May 1992.. together wilh Nellad Mirkovii: and an unknown soldier 0/ Ihe Uiice Corps .. he arrived by a red "Zastava 750" - ''Fico'' aUTOmobile in a village in the terrilolY 0/ Visegr(ld Municipali~J'. in fronl of the house of ',Vitness A. (I civiliell1: having fired a burs/ of aulOlllalic rifle /ire above her head. he told her thm she was the one he was looking for and Ihen he forced her 10 get illfo the car. where Ite tltrealel/ed her Ihal she would be raped, cursing her; he also lold Iter Ihal she would have 10 "pray lite Lord's prayer and lIIake Ihe sign of the cross ". Clnd Ih(l( her family wou/d never see her again; Ihen. cOllling to a nearby village al1d the house of Vladimir Draskovic, he (lnd Witness II came 0/11 of lite car and gal il1lo a "Lada" vehicle owned by )UI1UZ Tufekcic. Clnolher civilian, wholll he forced 10 drive them to the Cul(/lrol Cel1ler in Vi.fegrCld. where he forced the 111'0 of them Olff of the car and took them al gunpoinr to Ihe Po/ice Station in Visegrod. after which TI!(ek6c was imprisoned in the Po/ice Stalion with other detainees, ",here Witness A was il1ferrogated by Drago Salllardiii: and was Ihen placed in a 1'001/1 in the Police S((Ition where she was later raped by (wo unknown soldiers. 2. On 23 May /992 .. he and Novo Rajak. Milos Pame/ii:, and .'Ii"'"'" Tri!kovic deprived civilians Suvad Dolovac and his brother Kelllal PURL: https://www.legal-tools.org/doc/a7bafc/ their liberty in the Osojnica neighborhood 0/ ViS'egrad and took thel/l 10 the local cOl/lllll1nily o/flce in the village of Donja Lijeska for il1ferrogalion: during Ihe interrogation, the accused Tanaskovii: repeatedfJ' hit Kemal DolovClc with his fists (lnd then gave hilll a severe blow in the back with a rifle barrel: several tillles he also hit Slivad Dolovac. who I\las also repeatedly hit by Novo Rajak: c{(terwards. the Accllsed and Novo RCU'Clk took Slivad and Kemcll Dolovac to Ihe Police Stmion in Visegracl. where they were dewined for fOllr days. Slivad Dolovac was released. whereas his brother Kelllcli remained in the UZCllllnica barracks in ViS·egrad. 3. On 25 May 1992. in the village 0/ Kabernik in Visegrad Municipali(y, (oge(her lI'ilh IInidel1f(fied soldiers. the Accllsed grabbed M.M. as he was cOllling Ollt 0/ the woods. he (ied his hands. threw him in a s/llall truck. and drove off towards Donja Lijeska. a/ier which (he A cClised and Novo Rajak brOllghl the heavifv bemen prisoners M. M. and his fmher H. M. into (he UZOlllnica barracks. where (he two prisoners told the other prisoners Ihat (he Accllsed and Novo Rajak had beaten thelll lip. 4. On or abollf 31 May 1992. (he Accllsed and (/ grOllp of army melllbers altacked IIndefended villages pop"lated by Muslims, thClf is, villages of Osojnic(l, Kabernik, Nolijaci and Orahovci, and captllred male civilian residents frOIll those villages, and told (he/ll thClf (hey I\lere doing it to protect the soldiers /i"01ll lIIilles (lnd from a((acks by lvluslim forces, (hreclfening to kill al~vone who a((elllpted (0 1"1111 away: (hen. (hey looted one shop and set hOllses on Jh'e: the Accllsed personalfv set two 0/ the hOllses on fire: during (he night. on the prelllises of the Primary School in Orahovci. where they all lI'ere staying/or the night. Salko .5abanovii· and (lnother ilion were repeC/led~v called 0111 0/ the rOOIli where the men were ciemined and taken (0 another rOO/ll ill the schoolll'here they were severef), beaten by ,venad Tanaskovii-, Milos Pantelie. and five or six other soldiers: the nexl day. the prisoners were marched in the direction 0/ a bridge and they were threatened that they \\'oliid all be execllled; then they were taken to the UWmllica barracks in Vi.~egrclCl, /rOIll I"here thev were released a/ell' hOllrs later. 5. On 14 Jllne 1992, the Accllsed was ill one of the buses (hat was transporting Mllslilll civilians /rOIll Visegrad to the (erritor), cOl1lrolled by the Army of BiN: they were forced to leave their places 0/ residence due to IInbearable living conditiom' Clnd threCIIs 0/ death if they did not leave ViS'egrad; when they arrived in a place called Isevii' Brdo near the border between Sokolac (lnd 0101'0 municipalities. men IInder the age 0/65 were ordered to s/(JY in the I'ehicles, whereas Ihe wOlI/en. children, (1l7d /lien over age of 65 were ordered to get 0111 of the vehicles. which they did, PURL: https://www.legal-tools.org/doc/a7bafc/ Accused yelled to the group of women. children and elder~!, people who were leavillg the vehicles that they should go to "Alija's s((Ite·· and that their mell would be released when (he Ar/lly of RBiH released some of the captured Serb soldiers. 7. 011 16 Jllne 1992, as lvlllla Kustllra. her SOli £lIver Klllovac, and Camil Kopii:. and a grollp of other Bosniaks. were retllrning home becallse of (111 ul/successful a((empt to leave Vi.~egrad. Oil their lI'a)' ji-om the Old Bridge on the Drina River (0 (he aparrmel1f ,,,here Mula Kustura lived, the Accllsed and (111 unidentified soldier ordered [nver Klllovac and Call1il Kopii: to get into a Golf a//folllobile. which they did: the tl\lO were thell driven away by TC/I1askovii:: other people later told Mula Kustura that they had seen her son in prisoll. Thlls. as described above. as part 0/ a widespread or systematic a((ack against the Muslim civilian population /rOIll the terri/ol:" of Visegrad MuniCipality, with kllolllledge of such a((ack and participClfillg ill it, and knowing by his acts and omissions that he was participating in it by perpetrating or aiding or abe((illg lIIith discrilllinatOIY il1fel1f based 011 political. racial, national. ethnic. culf/lral. or religious grounds; he is responsible/or the imprisonment of JW1IIS Tufekcic alld Wifl1ess A: the rape 0/ Wifl1ess II: the torture and imprisollmeJ1l of Silvad (lnd Kem(i/ Dolovac; the /Ortllre and illlprisonment of Ilt/.M.