6.b.ii. [Mental Element for Element 5] [Consequence of causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator was aware that great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons would occur in the ordinary course of events.

P.18. Evidence inferred from an utterance, a document or a deed.

P.19. Evidence inferred from a circumstance.

P.19.1. Evidence that the perpetrator was aware that beatings were taking place because he had been told.

6.b.ii. [Mental Element for Element 5] [Consequence of causing great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons:] The perpetrator was aware that great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons would occur in the ordinary course of events.

P.18. Evidence inferred from an utterance, a document or a deed.

P.19. Evidence inferred from a circumstance.

P.19.1. Evidence that the perpetrator was aware that beatings were taking place because he had been told.

A. Legal source/authority and evidence:

Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 757:

"757. The Trial Chamber is satisfied that its commander, Bozidar Popovic, was aware of the beatings being inflicted upon the detainees. The Trial Chamber has already found that detainees died inside Manjaca camp as a result of beatings.¹⁸³⁹ Popovic ordered that death certificates giving a false account of the cause of death be issued.¹⁸⁴⁰ Moreover, the detainees’ cowed attitude could only be the result of a very strict discipline regime.¹⁸⁴¹ In addition, the Trial Chamber is satisfied that General Talic was aware of the mistreatment being visited upon detainees and of the conditions in Manjaca camp. At a meeting in the army club in Banja Luka on 22 June 1992, Adil Medic described the conditions he had witnessed in Manjaca camp to General Talic, and told him that detainees said they were being mistreated.¹⁸⁴² On one occasion, Vojo Kupresanin visited Manjaca camp.¹⁸⁴³"

"1839. See A.2. supra , "The killing of a number of men in Manjaca between 1 June and 18 December 1992 –Banja Luka municipality".

1840. Enis Sabanovic, T. 6517.

1841. Barney Mayhew, T. 13570, 13577 ; ex. P1617/ S 217 A, "Mayhew Report on Manjaca and Trnopolje", dated 4 September 1992.

1842. Adil Medic, T. 2231-2232, 2276 .

1843. Enis Sabanovic, T. 6577; Adil Draganovic, T. 5114; Jakov Maric, T. 10833-10834."

[B. Evidentiary comment:]