COUNTS 1-12
5. 1 Buk Bijela refers to a settlement on a hydro-electric dam construction Site on the road from Brod to Miljevina by the river Drina which was turned into a local military headquarters and barracks for Bosnian Serb force and paramilitary soldiers after the April 1992 take-qver of Foca and the surrounding villages. The Buk Bijela complex consisted of workers' barracks, where about 200 to 300 soldiers were barracked, and an adjoining motel. Buk Bijela was used as a temporary detention and interrogation facility for civilian women, children and the elderly who were captured in various villages in the municipality of Foca in July 1992.
5.2 On 3 July 1992, soldiers commanded by the accused GOJKO JANKOVIC, and among them JANKO JANJIC, DRAGAN ZELENOVIC' and ZORAN VUKOVIC', arrested a group of at least 60 Muslim women, children and a few elderly men from Trosanj and Mjesaja, and took them to Buk Bijela. After the attack on Foca, the villages of Trosanj and Mjesaja had offered armed resistance.
5.3 While detained at Buk Bijela for several hours, all the Muslim civilians were lined up along the river Drina and guarded by armed soldiers. They wcre threatened with being either killed or raped and were otherwise humiliated. The soldiers approached each detained civilian, and took him or her to the above mentioned accused for questioning. The soldiers separated the women from their children.
GOJKO JANKOVIC', JANKO JANJIC', DRAGAN ZELENOVIC' and ZORAN VUKOVIC' interrogated the women. The interrogations focused on the hiding-places of the male villagers and weapons. The accused threatened the women with murder and sexual assault if they lied. JANKO JANJIC' and DRAGAN ZELENOVIC' and other soldiers acting under the control of GOJKO JANKOVIC' gang-raped several women during or immediately after the interrogation who they suspected of lying. Paragraphs 5.4 to 5.7, hereunder particularise some of those sexual assaults which occurred on or about 3 July 1992.
5.4 A witness code named, FWS-75, was interrogated by GOJKO JANKOVIC' and DRAGAN ZELENOVIC' about her village and whether the villagers had weapons. GOJKO JANKOVIC' warned the witness not to lie, otherwise she would be raped by soldiers and killed afterwards; As FWS-75 did not answer the questions sufficiently, a soldier took her to another room. There, at least ten unidentified soldiers, raped her, in turn. The nature of the rape included vaginal penetration and fellatio. FWS-75 lost consciousness after the tenth soldier sexually assaulted her. The episode of sexual assault lasted between one to two hours.
5.5 Another witness, FWS-87, a 15 vear old. was interrogated bv DRAGAN ZELENOVIC' and three unidentified soldiers in a room at Buk Bijela. During thc interrogation, they accused FWS-87 of not telling the truth. The interrogators removed her clothing and then, each one raped her. The nature of th rape was vaginal penetration. The first soldier also threatened her by putting a gun to her head. FWS-87 experienced severe pain during the assault, followed by heavy vaginal bleeding.
5.6 A further witness. FWS4S, was interrogated by JANKO JANJIC' in a room at Buk Bijela. During the interrogation. JANKO JANJIC forciblvy undressed her. When FWS-48 tried to resist, he slapped and pushed her and threatened to bring in ten soldiers to rape her. JANKO JANJIC then raped FWS-48 by vaginal penetration.
5.7 A fourth witness, FWS-74, was led by JANKO JANJIC' to a room to be interrogated in the presence of an unidentified soldier. During the interrogation, JANKO JANJIC' instructed FWS-74 to undress. At that moment the other soldier asked JANKO JANJIC' to leave the room. After JANKO JANJIC' had left, the soldier undressed FWS-74. During a period of about twenty nimutes the soldier raped her by vaginal penetration.
5.8 By the foregoing acts and omissions in relation to the victims FWS-75, FWS-87, F\vS48 and FWS-74, described in the paragraphs 5.4, 5.5, 5.6 and 5.7 GOJKO JANKOVIC' committed:
Count 1: A CRIME AGAINST HUMANITY punishable under Article 5 (t) (torture) of the Statute of the Tribunal;
Count 2. A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 3. A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
Count 4: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3 (1) (a) (torture) of the Geneva Convention.
5.9 By the foregoing acts and omissions in relation to the victims FWS-75 and FWS-87, described in the paragraphs 5.4 and 5.5 DRAGAN ZELENOVIC committed:
Count 5: A CRIME AGAINST HUMANITY punishable under Article 5 (t) (torture) of the Statute of the Tribunal; A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 7 A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
Count 8: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal recognised by Article 3(1) (a) (torture) of the Geneva Convention.
5.10 By the foregoing acts and omissions in relation to the victims FW548 and FWS-74, described in the paragraphs 5~6 and 5.7 JANKO JANJIC committed:
Count 9. A CRIME AGAINST HUMANITY punishable under Article 5 (t) (torture) of the Statute of the Tribunal;
Count 10: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 11: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
Count 12: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3(1) (a) (torture) of the Geneva Convention.
COUNTS 13-28
Torture and Rape at Foca High School
6.1 During the occupation that followed the take-over of the town of Foca, the Foca High School, situated in the Aladza area, functioned as a barracks for Serb soldiers, and as a short term detention facility for Muslim women, children and the elderly.
6.2 Between 3 July and about 13 July 1992, at least 72 Muslim inhabitants ofthe municipality of Foca were detained in two classrooms in the Foca High School, including the women, children and the elderly who had earlier been held at Buk Bijela, mentioned above. On or about 13 July 1992, all detainees were transferred from Foca High School to the Partizan Sports Hall in Foca.
6.3 At the Foca High School, the detainees were surrounded by armed Serb soldiers, who patrolled outside the Foca High School and constantlv entered and left the building. There were also two armed police guards frorn the Foca SUPD patrolling the corridor outside of the detention rooms.
6.4 Many of the female detainees were subjected to sexual abuse during their detention at the Foca High School. From the second day of their de~ention, every evening, groups of Serb soldiers sexually assaulted, including gang-rape. some of the younger women and girls in class-rooms or apartments in neighbouring buildings. Among them were witnesses FWS-50, FwS-75, FwS-87, FwS-95. FWS-74 and FWS-88, as set forth below. The soldiers threatened to kill the women or the women's children if they refused to submit to sexual assaults. Women who dared to resist the sexual assaults were beaten. The above mentioned groups of soldiers consisted of members of the military police. They referred to themselves "Cosa's Guards", named for the local commander of the military police Cosovic'. The accused GOJKO JANKOVIC, DRAGAN ZELENOVIC, JANKO JANJIC and ZORAN VUKOVIC were among these groups of soldiers.
6.5 The physical and psychological health of many female detainees seriously deteriorated as a result of these sexual assaults. Some of the women endured complete exhaustion, vaginal discharges, bladder problems and irregular menstrual bleedings. The detainees lived in constant fear. Some of the sexually abused women became suicidal. Others became indifferent as to what would happen to them and suffered from depression.
6.6 On or about 6 or 7 July 1992, DRAGAN ZELENOVIC' in concert with JANKO JANJIC' and ZORAN VUKOVIC', selected FWS-50, FWS-75, FWS-87, FWS-95 out of the group of detainees. The accused led them to another classroom where unidentified soldiers stood waiting. Then DRAGAN ZELENOVIC' decided which woman should go to which man. The women were ordered to remove their clothes. FWS-95 refused to do so and JANKO JANJIC' slapped her and held her at gun point. Then DRAGAN ZELENOVIC' raped FWS-75 (vaginal penetration). ZORAN VUKOVIC' raped FWS-87 (vaginal penetration) and JANKO JANJIC raped FWS-95 (vaginal penetration) within the same room. One of the other soldiers took FWS-50 to another classroom and raped her (vaginal penetration).
6.7 Between or about 8 July and about 13 July 1992, in addition to the sexual assaults described under paragraph 6.6, on-at least five other occasions DRAGAN ZELENOVIC' led a group of soldiers that sexually abused FWS-75 and FWS-87. First the women were taken into another classroom in the Foca High ScholI. There ZORAN VUKOVIC' and DRAGAN ZELENOVIC' raped FWS-75 and FWS-87 (vaginal penetration).
6.8 Between or about 8 July and about 13 July 1992, on three occasions, FWS-75 and FWS-87 were taken from the Foca High School to an apartment building called Brena in the centre of Foca. The building was near the Zelengora hotel, a military headquarters of the Serb forces. The first time, the two women went to an apartment owned by DRAGAN ZELENOVIC'. The accused JANKO JANJIC', DRAGAN ZELENOVIC' and two other unidentified soldiers raped FWS (anal penetration and fellatio) while DRAGAN ZELENOVIC' raped FWS-87 (vaginal penetration).
6.9 Between about 8 July and about 13 July 1992, on two occasions DRAGAN ZELENOVIC and several other unidentified soldiers took FWS-75 and FWS-87 to Brena and raped them. On these occasions, the accused raped FWS-75 (vaginal and anal penetration and fellatio) and raped FWS-87 (vaginal penetration).
6.10 Between about 8 July and about 13 July 1992, on another occasion, FWS-75, FWS-87 and Z. G. were taken by DRAGAN ZELENOVIC' to an abandoned house of a Muslim policeman in Gonnje Polje. There DRAGAN ZELENOVIC' raped FWS-87 (vaginal penetration). An unidentified soldier raped Z. G.
6.11 Between or about 8 July and about 13 July 1992, in addition to thc acts described in paragraph 6.6, FWS-95 was sexually assaulted in different classrooms in the Foca High School. Because she had previously been beaten and threatened when sexually assaulted FWS-95 dared not resist the soldiers again. She was raped on numerous occasions by many perpetrators among them JANKO JANJIC, DRAGAN ZELENOVIC' and GOJKO JANKOVIC (vaginal and anal penetration and fellatio)
6.12 On or about 8 July 1992, JANKO JANJIC' selected FWS-74 and took her to an empty room in Foca High School. On the way to the room she argued with JANKO JANJIC'. At that moment DRAGAN ZELENOVIC' passed by and threatened to take her to a hundred soldiers on the front line After this threat, FWS-74 was raped by JANKO JANJIC' (vaginal penetration and fellatio).
6.13 On or about 8 July 1992, JANKO JANJIC' took FWS-88 to an apartment in the Brena block. There, during the whole night, he raped her repeatedly (vaginal and anal penetration and fellatio). As she was a virgin before these acts, FWS-88 experience terrible pain during the rape. Two days later, JANKO JANJIC took her to the house of a Muslim goldsmith, close to the bus station. There, he again raped her twice (vaginal penetration).
6.14 By the foregoing acts and omissions in relation to the victims FWS-50, FWS-75, FWS-87 and FWS-95, described in the paragraphs 6.6, 6.7, 6.8, 6.9, 6.10 and 6.11 DRAGAN ZELENOVIC' committed:
Count 13: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;
Count 14: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 15: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
Count 16: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, puni~hable under Article 3 of the Statute of the Tribunal and recognised by Article 3 (1) (a) (torture) of the Geneva Convention.
6.15 By the foregoing acts and omissions in relation to the victims FWS-50. FWS-75, FWS-87, FWS-95, FWS-74 and FWS-88, described in the paragraphs 6.6.6.8, 6.11, 6.12 and 6.13 JANKO JANJIC committed:
Count 17: A CRIME AGAINST HUMANITY punishable under ArticleS (f) (torture) of the Statute of the Tribunal;
Count 18: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 19 A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
Count 20: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3 (1) (a) (torture) of the Geneva Convention.
6.16 By the foregoing acts and omissions in relation to the victims FWS-5O, FWS-95, FWS-75 and FWS-87, described in the paragraphs 6.6 and 6.7. ZORAN VUKOVIC committed:
Count 21: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;
Count 22. A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 23: A GRAVE BREACH punishable under Article 2(b) (torture) of the Statute of the Tribunal and;
Count 24: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3(1) (a) (torture) of the Geneva Convention.
6.17 By the foregoing acts and omissions in relation to the victim FWS-95, described in paragraph 6.11, GOJKO JANKOVIC comrnitted:
Count 25: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;
Count 26: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;
Count 27: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;
Count 28: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 ofthe Statute of the Tribunal and recognised by Article 3(1) (a) (torture) of the Geneva Convention.
COUNTS 29-31 Persecution in Partizan Sports Hall committed by DRAGAN GAGOVIC
7.1 Partizan Sports Hall (hereinafter, "Partizan") functioned as a detention centre for women, children and the elderly from at least on or about 13 July 1992, and continued to be so used until at least 13 August 1992. The detainees held at Partizan, during this time period, numbered at least 72. The detainees werc all civilian Muslim women, children and a few elderly persons from villages in the municipality of Foca. The accused DRAGAN GAGOVIC, in his capacity as chief of police in Foca and as the person in charge of the detention and release of the female Muslims, participated in the imprisonment of Muslim inhabitants ofthe municipality of Foca at Partizan.
7.2 Partizan was a medium sized building situated in the centre of Foca town close to the SUP building. Partizan was separated from the SUP building by about seventy metres. Partizan was on slightly higher ground than the other buildings in the neighbourhood and could therefore be seen clearly from the surrounding areas, including the SUP building. Partizan was also close to the main municipal building, where the Serb authorities had their principle offices. Partizan consisted of two large halls. All detainees were held in one of the halls only. This hall measured roughly 12 metres by 7 metres.
7.3 DRAGAN GAGOVIC', stationed two policemen. as guards outside the main door of Partizan. The guards, who were subordinat~o DRAGAN GAGOVIC, were armed at all times with automatic weapons. People who entered Partizan had to pass the guards on their wayinto the halls. Detainees could not leave Partizan because of the armed guards.
7.4 Living conditions in Partizan were brutal. The detention was characterised by inhumane treatment, unhygienic facilities, overcrowding, starvation, physical and psychological torture, including sexual assaults. There were neither blankets nor towels provided for the detainees. Only a few mattresses were provided for sleeping. Food, allotted on an irregular basis, was meagre. Medical care for the detainees, either on a regular or on an emergency basis was not authorised. Some women ~ beaten and in need of urgent care. Women bled and suffered pain as a result of sexual abuse. Two women died in Partizan due to beatings inflicted upon them by Serb soldiers.
7.5 linmediately after the transfer of women to Partizan. a pattern of sexual assaults commenced that was similar to the sexual abuse experienced at Foca High School. Armed soldiers, mostly in groups of three to five, entered Partizan, usually in the evenings, and removed women. The guards at the entrance, with the exception of one shift, did not attempt to stop these soldiers. When the women resisted or hid, the soldiers beat or threatened the women to force them to obey. The Serb soldiers took the women from Partizan to houses and apartments or to hotels and barracks, such as the Hotel Zelengora or Buk Bijela respectively. Among the women subjected to sexual assaults were witnesses FWS4S, FWS-87, FWS-75, FWS-50 and FWS-95 as set forth below.
7.6 In addition to these specified sexual assaults, unidentified soldiers removed witnesses FWS-31 and FWS-95 from Partizan on numerous occasions and witnesses FWS-51 from Partizan once, to various places and sexually abused them.
7.7 On one occasions, on or about 12 August 1992, the evening prior to the release of the detainees, two unidentified soldiers took FWS-95 and victim H. B. to the stadium in Foca, which is close to the Zelengora Hotel. There, a large group of soldiers, among them Montenegrins and soldiers from Serbia, stood waiting. That night, countless soldiers gang-raped FWS-95 and H.B. on the benches in the stadium. Groups of soldiers raped FWS-95 and H.B. while other soldiers watched the scene.
7.8 Afterwards, on the same night, several soldiers took FWS-95 and H. B. to Buk Bijela. At Buk Bijela, the soldiers separated the women and raped them (vaginal penetration).
7.9 Two groups of perpetrators operated at Partizan. One group described themselves as "Cosa's Guards", which operated at the Foca High School also operated at Partizan. The other group, under the command of DRAGOLJUB KUNARAC, was a volunteer guard detail comprising mostly irregular Serb soldiers from Montenegro. This second group maintained their headquarters in a house in the Aladza neighbourhood in Foca at Ulica Osmana Diltica no.16.
7.10 On or around 13 August, 1992, most detainees were released from Partizan and were deported to Montenegro. The women who left on the 13 August convoy, received medical care for the first time in Montenegro. Many women suffered permanent gynaecological harm due to the sexual assaults. At least one woman can no longer have children. All the women who were sexually assaulted suffered psychological and emotional harm; some remain tra'umatised.
7.11 DRAGAN GAGOVIC, in his capacity as chief of police in Foca and as the person in charge of the detention of the female Muslim population in Foca, was responsible for the de~ntion conditions at Partizan. He was also responsible for the release and issuing of exit permits for the detainees. DRAGAN GAG OVIC' knew about the brutal living conditions at Partizan. He was physically present at Partizan on numerous occasions and saw the conditions in which the women lived. He likewise knew about the sexual abuse of the women at Partizan. On one occasion, the guards at Partizan allowed some detainees to go to the SUP building to lodge a complaint with DRAGAN GAGOVIC' about the sexual assaults. In his capacity as Chief of Police, responsible for the detention of the female Muslim, DRAGAN GAGOVIC' failed to take the necessary and reasonable measures to improve the detention conditions and to prevent sexual assaults.
7.12 By his participation in these acts and omissions, DRAGAN GAGOVIC' committed:
Count 29: A CRIME AGAINST HUMANITY punishable under Article 5 (h) (persecution on political, racial and/or religious grounds) of the Statute of the Tribunal;
Count 30: - A GRAVE BREACH punishable under Article 2 (c) (wilfully causing great suffering) of the Statute of the Tribunal and;
Count 31: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3 of the Statute of the Tribunal and recognised by Article 3 (1) (c) (outrages upon personal dignity) of the Geneva Convention.