COUNTS 32-35 Torture and Rape of FWS-48 at Partizan Sports Hall conimitted by DRAGAN GAGOVIC'

8.1 Around 16 July 1992, FWS-48 and FWS-95 went to the SUP building and complained to DRAGAN GAGOVIC' about the sexual assaults. As a result of this complaint, the next day, around 10:30 a.m., DRAGAN GAG OVIC' entered Partizan, and ordered FWS-48 to come with him for interrogation. DRAGAN GAGOVIC' took FWS-95 and FWS-48 to an apartment close to Partizan. On the way to the apartment, FWS-48 told DRAGAN GAGOVIC' about the continuous sexual assaults that were taking place in Partizan. In the apartment, DRAGAN GAGOVIC' took FWS-48 to a room pretending to take a statement, while FWS-95 waited in the kitchen. Instead of taking a Statement, DRAGAN GAGOVIC' pushed FWS-48 on a bed and ripped off her clothes. FWS-48 resisted, and DRAGAN GAGOVIC' threatened her with his pistol. To punish or intimidate her for reporting sexual assaults, DRAGAN GAGOVIC' then raped FWS-48 (vaginal and anal penetration and fellatio). During the sexual assault, he pointed his rifle at FWS-48's neck. After the assault, DRAGAN GAGOVIC threatened, intimidated and coerced FWS-48 saying that he would find her in five different countries if she told anyone that he had raped her.

Count 32: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;

Count 33: A CRIME AGAINST HUNIANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Count 34: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and

Count 35: 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.

COUNT 36-55 Torture and Rape of FWS-48, FWS-50, FWS-75, FWS-87, FWS-95 and other women at Partizan Sports Hall

9.1 The witnesses FWS-48, FWS-95 and FWS-50, a 16 year old girl, were detained at Partizan from about 13 July until 13 August 1992. FWS-75 and FWS-87, a 15 year old girl, were detained in Partizan from about 13 July until 2 August 1992. During their detention, Serb soldiers frequently raped FWS-48, FWS-95, FWS-50, FWS-75 and FWS-87 (vaginal and anal penetration and fellatio) Almost every night soldiers took FWS-48, FWS-95, FWS-50, FWS-75 and FWS-87 out of Partizan to houses and apartments and sexually abused them. Often, one group of soldiers removed the women as soon as they had been returned by another group of soldiers.

9.2 On or around 13 July 1992, JANKO JANJIC' took FWS-48 together with two other female detainees to a house across the road from Partizan. There, JANKO JANJIC' raped FWS-48 (vaginal penetration), while two unidentified soldiers raped the other two females in the same room.

9.3 The same night, after JANKO JANJIC' returned the women to Partizan, DRAGOLJIJB KUNARAC took the same three women to the Hotel Zelengora. FWS-48 refused to go with him and DRAGOLJUB KUNARAC kicked her and dragged her out. At Hotel Zelengora, FWS-48 was placed in a separate room and both DRAGOLJUB KUNARAC and ZORAN VUKOVIC' raped her (vaginal penetration and fellatio). Both perpetrators told her that she would now give birth to Serb babies.

9.4 On or around 14 July 1992, JANKO JANJIC' again took FWS-48 togethet with FWS-87 and Z. G. to the Brena apartment block near Hotel Zelengora. When they arrived, ZORAN VUKOVIC and an unidentified soldier were waiting. Then, ZORAN VUKOVIC', raped FWS-48 (vaginal penetration) while the unidentified soldier raped FWS-87 (vaginal penetration) and JANKO JANJ IC' raped Z. G.

9.5 On or around 14 July 1992, ZORAN VUKOVIC came to Partizan to remove FWS-50 and FWS-87. As FWS-50 hid, ZORAN VUKOVIC' threatened to kill the other detainees if she did not come out of hiding. FWS-50 then did so. The two girls were taken to an apartment close to Partizan, where an unidentified soldier stood waiting. There ZORAN VUKOVIC' raped FWS-50 (vaginal penetration), while the unidentified soldier raped FWS-87.

9.6 On one occasion in July 1992, JANKO JANJIC' and two other soldiers took FWS-75 together with FWS-87 and drove them to the Brena building. There, JANKO JANJIC removed FWS-75 from the car and led her to an apartment, while the other soldiers drove away with FWS-87. In the apartment, JANKO JANJIC raped FWS-75 (vaginal penetration). Afterwards on three occasions, JANKO JANJIC' took FWS-75 to the same place and raped her each time.

9.7 In July 1992, witnesses FWS-87 were frequently taken out, and raped (vaginal and anal penetration and fellatio). On one occasion witness FWS-87 was gang-raped by 4 men including DRAGAN ZELENOVIC' and ZORAN VUKOVIC.

9.8 On two occasions, DRAGOLJUB KUNARAC took FWS-87 to the Montenegrin headquarters in the Aladza area, knowing that she might be sexually assaulted there. On both occasions, two Montenegrin soldiers were present and raped FWS-87.

9.9 Among the men who frequently sexually assaulted FWS-87 at Partizan were JANKO JANJIC', GO3KO JANKOVIC' and DRAGOLJ'UB KUNARAC. Due to the frequent sexual assaults, FWS-87 became suicidal, during her detention at Partizan.

9.10 DRAGOLJUB KUNARAC took FWS-75 and D. B. at least five times to his headquarters, that housed a group of Montenegrin soldiers in the Aladza neighbourhood at Ulica Osmana Dikica No.16. DRAGOLJUB KUNARAC commanded these soldiers. In mid July 1992, FWS-75 and D. B. were brought to this house for the first time. When they arrived at the headquarters, a group of soldiers were waiting. DRAGOLJLJB KUNARAC took D. B. to a separate room and sexually assaulted her, while FWS-75 was left behind together with the other Mon tenegrin soldiers. For about 3 hours, FWS-75 was gang-raped by at least 15 soldiers (vaginal and anal penetration and fellatio). They sexually abused her in all possible ways. The soldiers put their penises into her hands and ejaculated all over her. During the sexual assault, one soldier took out a knife and threatened to cut off her breast, but another soldier prevented him from doing so. This incident was the only gang-rape FWS-75 experienced in the Montenegrin headquarters. At other times in the headquarters, one to three soldiers, in turn, raped her.

9.11 On or around 15 July 1992, GOJKO JANKOVIC' led FWS-48 to an empty Muslim house in the Aladza neighbourhood. When FWS-48 arrived, about 14 Montenegrin soldiers were already present. DRAGAN ZELENOVIC' then arrived with about 8 more soldiers, among them ZORAN VUKOVIC'. DRAGAN ZELENOVIC' took FWS-48 to a room and threatened to slash her throat if she resisted. Then, DRAGAN ZELENOVIC' raped FWS-48 (vaginal penetration and fellatio) together with at least other 7 soldiers. ZORAN VUKOVIC' was the 6th man who raped her. During the sexual assault, ZORAN VUKOVIC bit her nipples a number of times. Although the witness was bleeding from these bites, the 7th man squeezed and pinched her breasts as he raped her. FWS-48 fainted as a result of the Pain.

9.12 On or around 18 July 1992, GOJKO JANKOVIC' took FWS-48, FWS-95 and B. P. to a house near the bus station. From there, FWS-48 DRAGOLJUB KUNARAC took her to another house in the Donje Polje neighbourhood where he raped her (vaginal penetration and fellatio).

9.13 On or around 23 July 1992, DRAGAN ZELENOVIC' and some unidentified soldiers took FWS-48 to a house close to Partizan. DRAGAN ZELENOVIC' took her into a separate room and raped her (vaginal penetration). During this incident, he said that she would give birth to good Serbian children. After this sexual assault, an unidentified soldier took her to another room where FWS-48 saw another women being sexually assaulted. At that moment, the soldier who had taken her to that room pushed FWS-48 onto a bed and raped her.

9.14 The same night, after being taken back to Partizan, JANKO JANJIC', took FWS-48, together with two other women, to the Brena apartment block, where ZORAN VUKOVIC' and a certain Panto were already waiting. Panto raped FWS-48 (vaginal penetration). She heard ZORAN VUKOVIC' and JANKO JANJIC' at the same time, sexually assaulting the other women in the next room.

9.15 On 2 August 1992, DRAGOLJUB KUNARAC took FWS-75, FWS-87, FWS-50 and D. B. to the Montenegrin headquarters. Some women from the Kalinovik women's detention camp were also present. On this occasion, DRAGOLJUB KUNARAC and three other soldiers raped FWS-87. Several unidentified perpetrators raped F\VS-75 during the whole night. A Montenegrin soldier who raped FWS-50 (vaginal penetration) threatened to cut her arms and legs and to take her to church to baptise her.

9.16 On or around 11 August 1992, DRAGAN ZELENOVIC' and other soldiers took FWS-48 to the Hotel Zelengora. When she arrived, many soldiers were present, eating and drinking. Immediately thereafter, a person identified as Spomenko approached FWS-48, took her to a room upstairs and raped her (vaginal penetration).

9.17 On 12 August 1992, DRAGAN ZELENOVIC' and GOJKO JANKOVIC' took FWS-48 together with FWS-95 and other women to a house in Donje Polje. There DRAGAN ZELENOVIC' raped FWS-48 twice. That night DRAGAN ZELENOVIC' told FWSA-48 that everything would end in a few days.

9.18 After midnight, on the same night, JANKO JANJIC' took FWS-48 together with other women to the Brena apartments. While leaving Partizan, a group of soldiers approached the women and tried to pull them away. JANKO JANJIC' told these soldiers that he needed these women for his own people and that they should go into Partizan and find other women. ZORAN VUKOVIC' and Panto joined them at the Brena apartments. That night, JANKO JANJIC raped FWS-48. During the sexual assault, he mentioned that it would be the last time.

9.19 On 13 August 1992, FWS-48 was deported to Montenegro. Due to the multiple sexual assaults, FWS-48 can no longer give birth to children.

9.20 From July 1992 to 13 Auaust 1993, FWS-95 was removed to different houses and apartments, almost every night by groups of soldiers, commanded by - DRAGOLJUB KUNARAC, JANKO JANJIC' and DRAGAN ZELENOVIC. Sometimes, she was taken alone, Sometimes together with other women. On each of these occasions, FWS-95 was raped, (vaginal penetration and fellatio). Sometimes, she was gang-raped. DRAGOLJUB KUNARAC, JANKO JANJIC', GOJKO JANKOVIC and DRAGAN ZELENOVIC were among the soldiers who frequently assaulted her.

9.21 On or about 2 August 1992, DRAGOLJUB KUNARAC, in concert with Pero Elez, a Serb paramilitary leader in a position of regional authority, transferred FWS-75, FWS-87 and two other women from Partizan to Miljevina.

9.22 By the foregoing acts and omissions in relation to the victims FWS-48, FWS-75, FWS-87 and FWS-95, described in the paragraphs 9.2, 9.4, 9.6, 9.9, 9.14, 9.18 and 9.20, JANKO JANJIC' committed:

Count 36: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;

Count 37. A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Count 38: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;

Count 39. 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.

9.23 By the foregoing acts and omissions in relation to the victims FWS-48, FWS-50, FWS-75, FWS-87 and FWS-95, described in the paragraphs 9.3, 9.8, 9.9, 9.10, 9.12, 9.15 and 9.21, DRAGOLJUB KUNARAC committed:

Count 40: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;

Count 41: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Count 42: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;

Count 43. 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.

9.24 By the foregoing acts and omissions in relation to the victims FWS-48, FWS-50 and FWS-87, described in the paragraphs 9.3, 9.4, 9.5, 9.7,9.11 and 9.14, ZORAN VUKOVIC committed:

Count 44: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;

Count 45: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Count 46: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal;

Count 47: 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.

9.25 By the foregoing acts and omissions in relation to the victims FWS-48, FWS-87 and FWS-95, described in the paragraphs 9.9, 9.11, 9.17 and 9.20, GOJKO JANKOVIC committed:

Count 48: A CRIME AGAINST HUMANITY punishable under Article 5 (f) (torture) of the Statute of the Tribunal;

Count 49: A CRIME AGAINST HUMANITY punishable up tler Article 5 (g) (rape) of the Statute of the Tribunal;

Count 50: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;

Count 51: 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.

9.26 By the foregoing acts and omissions in relation to the victims FWS-48, FWS-87 and FWS-95, described in the paragraphs 9.7,9.11,9.13,9.16,9.17 and 9.20, DRAGAN ZELENOVIC committed:

Count 52: A CRIME AGAINST HUMANITY punishable under Article 5 (t) (torture) of the Statute of the Tribunal;

CQunt 53: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Count 54: A GRAVE BREACH punishable under Article 2 (b) (torture) of the Statute of the Tribunal and;

Count 55. 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 56-59 Enslavement and Rape of FWS-75, FWS-S7 and Seven Other Women in Karaman's House

10.1 Pero Elez, a Serb paramilitary leader in a position of regional authority commanded an elite Unit of Vukovar fighters. Pero Elez's headquarters were in the Miljevina Hotel. On 2 August 1992, DRAGOLJUB KUNARAC, in concert with Pero Elez, took FWS-75, FWS-87 and D. B. from the Montenegrin headquarters in Foca to the Miljevina Hotel because the women had spoken to journalists the day before about the living conditions in Partizan Sports Hall. Pero EIez ordered the detention of the three women in a house, which was close to the Hotel, and owned by Nusret Karaman, a Muslim who lived in Germany. Later on, other women and girls were detained at Karaman's house. Some were as young as twelve and fourteen years of age. The number of women and girls detained at Karaman's house between 2 August 1992 and at least until 30 October 1992 totalled nine. RADOVAN STANKOVI C', a soldier from the elite unit commanded by Pero Elez, was in charge of Karaman's house after the death of Pero Elez. RADOVAN STANKOVIC ran Karaman's house similar to a brothel.

10.2 In Contrast to Partizan Sports Hall, the detainees at Karaman's house had sufficient food. They were not guarded or locked inside the house. The detainees even had a key they could use to lock the door and prevent soldiers, not belonging to Pero Elez's group, from entering. The detainees were also given the telephone number of the Miljevina motel, and were told that they should call this number if any soldier without authorisation tried to enter the house. When the women did call this number, either RADOVAN STANKOVIC or Pero Elez would come to prevent other persons from entering the house. Although the detainees were not guarded they could not escape. They had nowhere to go as they were surrounded by Serbs, both soldiers and civilians.

10.3 FWS-75 and FWS-87 were detained in Karaman's house between or about 3 August until or about 30 October 1992 together with 7 other women. Pero Elez treated the women as his personal property.

10.4 During the entire period of their detention at Karaman's house, FWS-75, FWS-87 and the other female detainees were subjected to repeated rapes and sexual assau1ts at night. The perpetrators were Serb soldiers who belonged to Pero Elez's group. Among the soldiers who frequently raped FWS-75 and FWS-87 (vaginal and anal penetration) was RADOVAN STANKOVIC.

10.5 The first time both women were raped in Karaman's house was on or about 3 August 1992, shortly after their arrival. An unidentified soldier raped FWS-75 (vaginal penetration) while RADOVAN STANKOVIC' raped FWS-87 that day.

10.6 In addition to the rapes and other sexual assaults, all the female detainees were forced to work for the Serb soldiers, washing uniforms, cooking and cleaning the house. FWS-87 was taken three times from Karaman's house to other buildings in Miljevina. On these occasions, she was forced to clean rooms in the buildings, cook for the soldiers and paint the window-frames. On one of the three occasions when she was taken out with another woman, two Montenegrin soldiers sexually assaulted both women.

10.7 At Karaman's house, the detainees constantly feared for their lives. If any woman refused to obey orders, she would be beaten. Soldiers often told the women that they would be killed after the soldiers were finished with them because they knew too much. FWS-87 felt suicidal during the entire time of her detention in Karaman's house.

10.8 By the foregoing acts and omissions, RADOVAN STANKOVIC' committed:

Count 56: A CRIME AGAINST HUMANITY punishable under Article 5 (c) (enslavement) of the Statute of the Tribunal;

Count 57 A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Count 58: A GRAVE BREACH punishable by Article 2 Co) (inhuman treatment) of the Statute of the Tribunal and;

Count 59: 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 digni~) of the Geneva Convention.

COUNT 60 Rape of FWS-75 and FWS-87 and TM and other Women

11.1 On or about 30 October1992, FWS-75, FWS-87 and two other women were taken from Kararnan's house to Foca by DRAGAN ZELENOVIC'1 GOJKO JANKOVIC' and JANKO JANJIC'. These women continued to be detained at different houses and apartments, and continued to be subjected to sexual assaults:

11.2 On or about 30 October 1992, the three above-mentioned perpetrators took FWS-75, FWS-87 and the two other women into an apartment near the Fish Restaurant in Foca. There, all four women were raped by DRAGAN ZELENOVIC, GOJKO JANKOVIC' and JANKO JANJIC.

11.3 By the acts, described in paragraph 11.2, GOJKO JANKOVIC', DRAGAN ZELENOVIC' and JANKO JANJIC' committed:

Count 60: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

COUNTS 61-62 Enslavement and Rape. of FWS-75 and FWS-87 in the Brena Apartment

12.1 RADOMIR KOVAC' detained, between or about 31 October 1992 until December 1992 witness FWS-75 and until February 1993 witness FWS-87. RADOMIR KOVAC' was in charge of an apartment in the Brena block and had taken over the two witnesses together with two other women he had received from DRAGAN ZELENOVIC', GOJKO JANKOVIC' and JANKO JANJIC'.. Their situation was similar to what they had experienced in Karaman's house. They had to perform household chores and were frequently sexually assaulted.

12.2 FWS-75 was detained in this apartment from about 3 1 October until about 20 November 1992. During that time she had to do household chores and sexually please soldiers. RADOMIR KOVAC and others frequently raped her. Around 20 November 1992, RADOMIR KOVAC' took FWS-75 and victim A. B. from the apartment to a house near the Hotel Zelengora. They were kept there for about twenty days, during which time they were frequently sexually assaulted by a group of Serbian soldiers. Although the two women were no longer in the Brena apartment, RADOMIR KOVAC still was in charge of them. Around 10 December 1992, FWS-75 and victim A.B. were moved from the house near Hotel Zelengora to a flat in the Pod

Masala neighbourhood of Foca. There, they stayed for about fifteen days, together with the same soldiers as the weeks before. FWS-75 and A.B. were frequently raped during those fifteen days. On the night when FWS-75 and three other women were brought back to the apartment, RADOMIR KOVAC sold A. B. to a an unidentified soldier for 200 DM. In December 1992 FWS-75 was handed over to JANKO JANJIC.

12.3 FWS-87 was detained in RADOMIR KOVAC's apartment from on or about 31 October until about 25 February, 1993. During this entire time, she was raped by RADOMIR KOVAC' and another unidentified man.

12.4 On one occasion, during their detention in RADOMIR KOVA C's place, FWS-75, FWS-87 and the other women were forced to take all their clothes off and dance naked on a table, while RADOMIR KOVAC' watched.

12.5 On or about 25 February, 1993, FWS-87 and another woman were sold by RADOMIR KOVAC' for 500 DM each to two unidentified Montenegrin soldiers, who took them to Montenegro. 12.6 By the foregoing acts and omissions, RADOMIR KOVAC committed: Count 61: A CRIME AGAINST HUMANITY punishable under Article 5 (c) (enslavement) of the Statute of the Tribunal; Count 62: A CRIME AGAINST HUMANITY punishable under Article 5 (g) (rape) of the Statute of the Tribunal;

Richard J. Goldstone Prosecutor

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