Table of contents:
6. The conduct resulted in death or serious personal injury.
6.1. The conduct resulted in death; OR
6.1.1. Evidence of death of victim.
P.3. Evidence of violence/attacks.
P.3.1. Evidence from witnesses who saw attacks.
P.3.2. Evidence from witnesses who heard attacks/violence.
P.3.4. Forensic evidence after conflict indicating attacks/violence.
P.4.1. Evidence of dead bodies seen soon after killings by eyewitnesses.
P.4.2. Evidence identifying bodies that had been exhumed.
P.4.3. Forensic evidence relating to bodies later exhumed.
6.2. The conduct resulted in serious personal injury.
P.5. Evidence of harm that seriously injured health of victims.
P.6. Evidence of harm that caused disfigurement of victim.
P.7. Evidence of harm that caused serious injury to the external, internal organs or senses.
Element:
6. The conduct resulted in death or serious personal injury.
6.1. The conduct resulted in death; OR
General evidentiary comment:
Jurisprudence from the ad hoc tribunals on killings has been included below in this means of proof document to throw some light on the phrase the conduct resulted in death.
6.1.1. Evidence of death of victim.
P.3. Evidence of violence/attacks.
A. Evidentiary comment:
Although it is not explicitly stated in the caselaw, forms of circumstantial evidence are usually used cumulatively to demonstrate a killing. For example, evidence that shooting was heard in a particular location may be taken together with evidence that a body was found in that location in order to prove that a killing occurred.
P.3.1. Evidence from witnesses who saw attacks.
A. Legal source/authority and evidence:
Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, paras. 113 114, 120-121, 125
"113. Witness TAQ testified that she heard the Accused tell the Interahamwe surrounding him to act quickly so that the refugees should not flee. While the refugees were being massacred with machetes, guns and grenades, she and some others fled towards the presbytery. Some people fell and "others ran over them".[93] Once she was in the presbytery, near a doghouse in which she hid later, she heard the Accused asking "the Hutu who were within the area to come out".[94] She explained that she could not see the Accused at that particular moment, but could hear him speaking on the megaphone. A young woman allegedly came out, followed by a child who had to go back after being told that he was not Hutu. Immediately after the young girl came out, grenades were thrown into the crowd.[95]
114. Witness TAQ further testified that in the presbytery compound, she saw Interahamwe looting, carrying away vehicles and motorcycles. When the grenades exploded, she saw people being attacked with machetes; everyone was screaming. She fainted soon after, in the dog house where she was hiding and others fell on her. She regained consciousness only at around 11 p.m. or midnight, when it was raining. She was under the bodies of many seriously wounded people. Her elder sisters mother-in-law,[96] who was also wounded, helped her to move away from the bodies. She saw many wounded and dying people, people who were screaming, many intermingled bodies of men and women. Not far away, a wounded child and three girls had survived. After some time, at around 3 p.m., the group of survivors, including the witness, went to a classroom near the priests house, where they spent the night.[97] Witness TAQ left the parish compound the following day, 16 April 1994, at about 8 a.m.[98]"
"[93] T., 29 July 2003, pp. 53 to 54.
[94] T., 29 July 2003, pp. 52 to 55; T., 30 July 2003, pp. 25 to 26.
[95] T., 29 July 2003, pp. 54 to 55.
[96] According to the transcript of 29 July 2003, pp. 56 to 57, the witness mentioned her mother during examination-in-chief. In cross-examination, she explained that she was rather referring to the mother-in-law of her older sister (T., 30 July 2003 pp. 26 to 27). The Chamber recieved from the Language Section a corrigendum to the transcript that the Prosecutor had sent to the Section, dated 16, 18 and 19 December 2003, in response to an ex parte request that the Prosecutor had sent directly to the Section. The corrigendum showed in essence that the witness had used a more general term than mother, which the Language Section replaced with old woman. The Prosecutor received this memo before filing his closing brief, whereas the Chamber and the Defence received a copy thereof only on 2 June 2004. While stressing the belatedness of this communication, the Chamber considers that as the witness herself gave additional information in cross-examination on the issue of her mother, the memo in question is irrelevant to assessing her credibility.
[97] T., 29 July 2003, pp. 55 to 57.
[98] T., 29 July 2003, pp. 53 to 55; T., 30 July 2003, p. 30. "
"120. Witness TAO testified that when he saw the Accused arrive, he thought that the Accused had come to find out about the situation of the refugees at the church. Refugees allegedly went to meet him, but when he saw them, he ordered them to remain where they were. Some refugees, including three or four elderly persons, including a certain Murefu, allegedly went towards him. The witness heard the Accused tell one of the refugees aloud: "Do not move any closer, because the hour of the Tutsi has come". He also told him that he did not want to hear about their problems any more.[109] The Accused allegedly grabbed a machete from one of the Interahamwe and hit Murefu with it, while another person was "cut up" with the machete. Witness TAO, however, explained that he saw the Accused hit only one person, namely Murefu.[110] The Accused then told the policemen: "Open fire".[111] The policemen started shooting, while others, namely, Interahamwe whom Witness TAO had seen the day before at the Nyarutunga market place, used machetes. Grenades were also thrown.[112]"
"[109] T., 30 July 2003, pp. 53 to 54.
[110] T., 30 July 2003, pp. 53 to 54.
[111] On 2 June 2004, the Chamber received a corrigendum to this aspect of the testimony.
[112] T., 30 July 2003, pp. 53 to 54."
"121. Witness TAO further testified that it was then that the Accused asked aloud the Hutu who were at the parish to separate themselves from the Tutsi, adding that the hour of the Tutsi had come. At the time of the attack, the Interahamwe were singing "Lets exterminate them".[113] Witness TAO then fled to a forest near the church, together with his children. When he looked back, he saw one of the attackers, Claver Muhirwa,[114] throw a grenade at the refugees. [ ]"
"[113] Ibid.
[114] Also spelled Muhigirwa in the French transcript."
"125. Witness TAX testified that she saw the Accused at around 3 p.m. on Friday 15 April 1994 at Nyarubuye Parish, where she and members of her family, together with many other refugees, had taken refuge two days earlier. She was with the refugees outside in the convent compound, adjoining the presbytery, when she heard gunshots and screaming. Young men wearing leaves on their heads and armed with machetes, clubs and knives entered the convent compound, shouting, and started looting the refugees property. The Accused arrived in the company of two men; the three of them were in civilian clothes. The Accused told the young men to stop looting, adding: "You know why we have come here. And when you strike at a snake you must begin with its head, and no one shall be spared".[123] The attackers then ordered the refugees, including the witness, to lie down, and the attack started. On cross-examination, Witness TAX further testified that it was the Accused who had asked the Hutu to come out of the crowd. A young man who had stood up in response to the call was allegedly hit and killed by a grenade that was thrown next to him. Witness TAX lost sight of her parents in the commotion that ensued, as the attackers attacked the refugees with machetes and grenades. She talked about despair and chaos. An attacker pierced her twice in the ribs. She fainted.[124]"
"[123] T., 31 July 2003, pp. 31 to 34.
[124] T., 31 July 2003, pp. 33 to 37 and 58 to 59."
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 314, 344:
"314. The Chamber further recalls that Prosecution Witness GEK testified that Kamuhanda came to the house of a neighbour to arrange for the killings to start between 10 and 14 April 1994 at the primary school. Kamuhanda parked his vehicl, which was followed by another vehicle, a blue Daihatsu carrying a large number of people. The Witness explained that in the second vehicle some people were carrying machetes, clubs, and guns, but not everyone was armed, and that occupants either wore ordinary clothes or the Interahamwe uniform. The vehicle came from the direction of Kigali. On leaving, Kamuhanda entered his vehicle and went towards the primary school where there were large numbers of refugees. [ ] The Witness testified that she could see wounded children fleeing towards them and a young girl whose legs were amputated sought refuge in their house."
"344. Prosecution Witness GEA testified that the attack started between 1:00pm and 2:00pm. Another vehicle came to load military, Interahamwe, and policemen. He testified that two vehicles came after the first vehicle and after Nkuranga and Kamuhanda had concluded their conversation. The Witness testified that he paid attention to the identification marks on the first vehicle, but not on the others. He testified that this was because he thought the first vehicle was some ordinary vehicle until he saw that there were the policemen and Interahamwe who had shot at him at Gishure. The Witness confirmed that one of the vehicles was from Rubungo commune. The Witness testified that when they started shooting, Kamuhanda took his vehicle and left. He testified that those who had arrived in the second vehicle encircled those trying to flee, and used rifles, grenades, and traditional weapons. He testified that they shot for a long time because they chased the refugees to the surroundings of Gahini."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, paras. 485, 535, 538, 542, 567, 580, 588:
"485. Prosecution Witness GDD testified that the Accused provided weapons to the young militants at the Nkuli bureau communal between 5:00am and 6:00am on 7 April 1994, before he left for Mukingo commune. Afterwards, the Witness and Sendugu Shadrack, the President of the MRND, led the attack on Kinyababa cellule. The killers proceeded to Kinyababa after the delivery of weapons from Mukamira camp and the departure of the Accused for Mukingo commune.661 The Witness estimated that the attack at Kinyababa commenced around 9:00am and continued throughout the same day until 4:00pm or 5:00pm. The young militants numbered approximately over one hundred. They were assisted by five other groups of Hutus: youth from Nkuli commune; recruits from Mukingo led by the CDR President from the Gitwa secteur, Iyakaremye; a group from the Rukoma Mountains; forces from Mukamira; and soldiers in civilian attire from IGA. The assailants carried either guns or traditional weapons such as spears, clubs or machetes.662"
"661. T. 3 October 2001, pp. 41-42 (GDD).
662. T. 3 October 2001, pp. 45-46; T. 4 October 2001, pp. 85 and 123-124 (GDD)."
"535. Prosecution Witness GAO testified that he was present when Bizabarimana arrived with guns.712 Buhire, Michel Niyigaba and Dusabe, the brother of Nzirorera, distributed the weapons to those who knew how to use them. Those who did not receive guns used machetes and burned houses.713 The attack on Rwankeri began sometime in the morning and lasted until about 5:00pm, when the Witness and the other Interahamwe left to attack Tutsi refugees at the Convent at Busogo Parish.714 The dead were too numerous to count: there were 80 families of between 12 and 15 people each, including the families of Rudatinya, Epimak, Bukumba, Karasankima, Sebirayi, Gasahane, Gateyiteyi, Kamakora, Bijanja, Rukara, Lucien Karakezi, and Bihutu.715 The Witness testified that the heads of some of the families killed at Rwankeri had died before April 1994 (i.e., Gasahane and Rudatinya, the father of Epimak Samvura, current bourgmestre of Mukingo commune).716"
"712. T. 23 July 2001, p. 27; T. 24 July 2001, p. 65 (GAO).
713. T. 23 July 2001, p. 27; T. 24 July 2001, pp. 65-67 (GAO).
714. T. 24 July 2001, pp. 31, 38 and 45 (GAO).
715. T. 23 July 2001, pp. 36-37 (GAO).
716. T. 23 July 2001, pp. 37-38; T. 24 July 2001, p. 106 (GAO)."
"538. Defence Witness RGM testified that many of the people gathered at Byangabo Market went to Rwankeri, a locality where Tutsis lived, at the insistence of Lieutenant Mburuburengero. The mob was comprised of people from all walks of life, including members of the Interahamwe, the displaced population and local inhabitants. At Rwankeri, the mob began attacking the Tutsis, who had fled to Busogo Hill and were armed with bows, arrows and spears. In his statement to Defence Counsel dated 24 September 2001, the Witness stated: "There was no need for traditional weapons at Rwankeri because, first of all, the Tutsi were not armed". The Witness testified that he was referring to fire arms, as opposed to bows, arrows, spears or big sticks. The Witness affirmed that "There was no need for additional weapons at [Rwankeri] because first of all the Tutsis were not armed and we had the assistance of the military who were armed." Moreover, there was no need for additional weapons since the assailants outnumbered the victims.719"
"719. T. 19 November 2002, pp. 31, 55-58 and 72 (RGM)."
"542. Defence Witness MLNA testified that on 7 April 1994 at around 8:00am the mob, which numbered about 300--400 people, proceeded towards Rwankeri and Busogo Hill and launched an attack that lasted until noon. The Witness confirmed that he followed the crowd because he was curious how the group was going to achieve its objective to kill the Tutsis. The Witness testified that the Accused was not among this group. At Busogo Hill, the Witness recalled seeing Dusabe, Muhombo, Theogen, Noheli, Musafiri and Rugumire fighting with traditional weapons including stones, machetes, bows and arrows, spears and sharpened sticks. When questioned by the Bench as to who supplied the weapons used at Busogo Hill, the Witness testified that the machetes, sticks and stone were readily available on the way to the massacre site; therefore, there was no distribution of weapons. The Witness testified that after the mob began shooting, the victims ran to their homes, but the mob followed them and set their houses on fire. This "sad scene horrified and traumatised" the Witness: he then decided to return home around 7:00pm.723"
"723. T. 31 March 2003, pp. 41-45 (MLNA); T. 1 April 2003, pp. 59-60, 63 (MLNA)."
"567. Prosecution Witness GBG testified that the Munyemvano residence was attacked on the morning after the death of President Habyarimana. The Accused arrived that morning in a vehicle with uniformed Interahamwe, some aboard the vehicle and others on foot. The Accused was not wearing a uniform. There were more than 100 attackers. The attack lasted from 8:00am until noon. The attackers also looted and destroyed houses.744"
"744. T. 16 July 2001, pp. 26, 35-36, 49, 51-52 and 54 (GBG)."
"580. [ ] At the Convent, the Witness could see that a crowd, consisting of people in military attire and people in dirty and old civilian attire, had surrounded the Convent. Members of the mob were shooting at the Convent and throwing grenades. As the Witness and his three companions got closer, they observed that some people were climbing over the wall to the Convent and were wielding machetes, spears and clubs. The Witness also saw a soldier carrying a rifle. According to the Witness, bystanders were present and there was a lot of confusion. When the Witness got to the front of the building he could hear cries for help from inside the building. The Witness identified among the perpetrators three people: Rachel, Noel and Bagabo. The Witness stated that Rachel was firing through the windows with a gun while the others were carrying machetes. The Witness estimated that the attack lasted about 45 minutes. The Witness testified that he was traumatised, returned home at around 10:00am and swallowed some tablets to sleep. During the evening, the Witness received a visitor who informed him that the bourgmestre had visited the Convent to view the bodies.763"
"763. T. 5 December 2002, pp. 42-45, 50-51, 56-57, 59-60 (MLCF); T. 10 December 2002, p. 24 (MLCF) (ICS)."
"588. Defence Witness KAA testified that when the crowd thinned, he and his companions decided to follow them towards the Busogo Parish. The Witness emphasized that he was among a group of people not involved in the attack. The Witness testified that it took quite a while to reach the Parish. The killers had arrived at the scene long before. In response to a question by the Bench, the Witness testified that he knew that the mob did not want to kill him because they could have done so when they passed by on the road.782 The Witness stated that he and his companions saw that the crowd, composed of Hutus, was heading specifically towards the Convent in Busogo Parish. When the Witness arrived at the Convent, he saw that the dense crowd had already begun the attack. Some people were using clubs, guns and grenades. Others threw stones and sticks. During the attack, the Witness and other bystanders would run away and watch from afar, but when there was calm, they would return to witness the events. The Witness testified that not all the people present at the Parish were among the attackers; some of those present were curious bystanders like the Witness. The Witness recognised some of the attackers, but not all of them. The Witness specified that he saw a soldier named Rachel, who was wearing a black military beret, a jacket and a cord round the waist, boots and carried grenades and a R4 gun. The Witness testified that the people inside the Convent were not shooting, but the Witness noted that he could not verify this fact. The Witness heard people inside the Convent shouting in distress and asking for help. Other noises were coming from behind the building. The Witness specified he could hear this shouting when the mob stopped shooting at the building. The Witness testified that he did not know who was inside the Convent besides the nuns.783"
"782. T. 4 decembre 2002, pp. 3, 23, 34-35 (KAA).
783. T. 4 decembre 2002, pp. 3-7, 11, 23-26, 35 (KAA)."
Prosecutor v Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 208, 211, 214, 258, 261, 270, 273 274:
"208. On the basis of the evidence presented at trial, the Trial Chamber finds that over a hundred people were killed in late July 1992 in the Omarska camp."
"211. In the early morning of 5 August 1992, Radovan Vokic, Simo Drljacas driver , asked guards around to bring to the buses detainees from Keraterm who had been brought there the previous day from Prijedor to the Omarska camp. He was in possession of a list of detainees, which had been carefully compiled, written out and signed by Simo Drljaca.430 At least 120 people,431 amongst whom were Anto Gavranovic, Juro Matanovic, Refik Pelak, Ismet Avdic, Alija Alibegovic, Esad Islamovi c and Raim Music, were called out. They were lined up and put on to two buses which drove away towards Kozarac under escort.432 The buses used were the usual public transportation buses in Prijedor.433 Witness E compiled a list of about 60 people he knew personally who were taken away on these buses and killed.434"
430. Exh. S427, video of Mr. Prcac interview, ERN 0105-7521-0105-7522.
431. According to Mr. Prcac, the number was 125, S427, video of Mr. Prcac interview, ERN 0105-7521-0105-7522.
432. Witness B, T. 2243 and T. 2265.
433. Witness B, T. 2243-44.
434. Witness E, 92 bis transcript in Sikirica, T. 252233
"214. The Chamber heard evidence about this massacre from individuals who had travelled in the convoy over Mount Vlasic on 21 August and, in some cases, first-hand accounts from survivors of the massacre. The Chamber has primarily relied on eyewitness accounts of the massacre and is satisfied as to the reliability of this evidence."
"258. The following morning the soldiers returned in small groups and began to loot the houses. They took the television sets, gold and other valuables, including from Witness Ss father in laws house. [ ] Witness S learned that that day his father was killed in his home village of Hegici by Serb soldiers.622"
622. Witness S, T. 5908-10. .
"261. The following day, Witness S was again called upon to assist in the collection of bodies. He worked this time with a different group of people, new trucks and new drivers.631 He estimated that, in total, over the two-day period, he and others collected between 300 and 350 bodies.632 All of the victims were Muslims living in the territory of the Biscani local commune. None of them were wearing uniform, nor did they appear to have been armed at the time of death.633 Witness S submitted a final list of 37 individuals from Biscani whom he identified and who were killed around 20 July 1992.634"
"631. Witness S, T. 5959-60.
632. Witness S, T. 5966.
633. Witness S, T. 5966-68.
634. Witness S, T. 5969-70 and Exh. S212."
"270. Around 25 July 1992 there was shooting and shelling around Ljubija lasting until around 16:00 when the shelling subsided slightly. Subsequently men where taken on buses to the football stadium in Ljubija.652 The commander of the Special Forces was present and some of the soldiers were members of the Special Forces from the Republika Srpska. They wore dark blue/black camouflage uniforms.653 Many soldiers, members of the 6th Krajina Brigade in camouflage uniform, were present.654"
"652. Witness Q, T.3928-31; Elvedin Nasic, 92 bis statement 1995, p.3. See also, Nermin Karagic, T. 5227-5528 and Exh. S169, photograph 2.
653. Elvedin Nasic, 92 bis statement 1995, p.4.
654. Nermin Karagic, T. 5226. "
"273. The mine pit in Ljubija was known as Jakarina Kosa. It was cordoned off by the Serbs and trucks could be heard during the night from the direction of the mine. There was also earth-moving equipment and a drill machine that was used to bore holes. One day there was a large explosion and the Serbs left. The locals were told to stay away from the area as it was mined.661
274. Both Nermin Karagic and Elvedin Nasic testified about the killing and burial of bodies in a place know locally as "Kipe".662 Both also managed to escape alive during the executions that took place at the site. According to Nermin Karagic approximately 50 people were killed.663 [ ]"
661. Witness N, 92 bis statement, paras 2-3. .
662. Nermin Karagic, T. 5242 and Exh. S169, photograph 4; Elvedin Nasic, 92 bis statement, p. 4 .
663. Nermin Karagic, T. 5244-47; Elvedin Nasic, 92 bis statement, p. 5. .
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003, paras. 95, 118, 141:
"95. [ ] There were more attackers this time, and they were armed with firearms, spears, machetes, and clubs. The witness was about 15-16 metres from the Accused who was armed with the same gun and was shooting at the refugees. Both of these attacks resulted in about 15-25 victims. This attack lasted longer than the first and the third attacks. The attackers subsequently left, and the witness said that the refugees thought the attackers would not return."
"118. [ ]There were about 300 attackers, armed with guns, explosives and traditional weapons like machetes, spears, clubs and sharpened bamboo sticks. Amongst these attackers, he recognized as leaders the following: the Accused; Bourgmestre Charles Sikubwabo; Conseiller Mika Muhimana; Ndimbati, the Bourgmestre of Gisovu; Segatarama, the Conseiller of Gitabura; Kanayira, the Assistant Bourgmestre of Gishyita; Mathias Ngirinshuti; Kagaba and one named Vincent who was the Conseiller of Mubuga. From a distance of not more than 100 metres, the witness saw the Accused armed with a gun between 80 centimetres and one metre long on a strap, and shooting at the refugees. He saw the Accused several times during the attack from varying distances, the closest being 80-90 metres. The refugees defended themselves for a short time with stones and sticks but the attackers were heavily armed and attacked the refugees from many directions. The refugees were pursued by the attackers to the top of Gitwe Hill where the refugees then spent the night. The attack lasted until 3.00 p.m. The witness could not place a number on the victims that day.[99]"
"[99] T. 14 Aug. 2002, pp. 19-31, 122; T. 15 Aug. 2002, pp. 74-75."
"141. Witness GGM saw the Accused at Kucyapa at the border between Gisovu and Gishyita communes in the evening of 13 May 1994 at a meeting held after the attack.[125] The attackers had been pursuing the Tutsi refugees throughout the day and the witness was tired and had decided to hide and rest in a sorghum field on Uwingabo Hill. One other man was with him in the field.[126] Buses had transported the attackers, including soldiers, to Kucyapa, and many vehicles arrived in the morning.[127] The attackers had surrounded Bisesero hills and there were violent confrontations. The Interahamwe far outweighed the refugees during the attack. [ ]"
"[125] T. 23 Aug. 2002, pp. 11, 14, 44
[126] This person was Witness KK in Kayishema.
[127] T. 23 Aug. 2002, pp. 46-47, 55, 82."
Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, paras: 167 169, 176, 191, 218:
"167. Witness VA testified that on 13 April 1994 at 5:00 a.m., the Interahamwe, who had spent the night outside the church, opened fire on the Tutsi refugees in the church.[268] The witness stated that she could see the assailants through the window of the church.[269] She explained that the Interahamwe continued firing until 10:00 a.m., but were not able to open the church, so they went to Bicumbi for the Accused.[270]
168. Witness VA testified that the Accused and several Interahamwe armed with traditional weapons arrived after 10:00 a.m. in a Toyota belonging to Bicumbi commune, and were followed by three vehicles transporting policemen and soldiers armed with guns and grenades.[271] The witness later clarified that she saw three vehicles in total: a Toyota vehicle that belonged to Bicumbi commune, in which the Accused came; a vehicle from the Gikoro commune driven by Manda, which transported petrol and Interahamwe; and a Toyota driven by Rugambarara, with soldiers and policemen.[272]
169. Witness VA testified that the Interahamwe, policemen, and thirty to forty soldiers attacked the church with gunfire and grenades, injuring her and others inside.[273] The witness stated that the Accused led the attack against the church.[274] Witness VA further testified that Manda and Twagerayezi climbed on the roof of the church and threw petrol on it, burning a young man on the lower part of his body.[275] Witness VA stated that the soldiers and Interahamwe fired a rocket-propelled grenade that broke a hole in the wall, and that the Interahamwe entered the church and opened its door.[276]"
"[268] T. 7 March 2001 pp. 72, 73; T. 8 March 2001 pp. 18, 19.
[269] T. 8 March 2001 p. 18.
[270] T. 7 March 2001 pp. 72, 73; T. 8 March 2001 p. 19.
[271] T. 7 March 2001 pp. 73, 74, 75, 124; T. 8 March 2001 p. 20.
[272] T. 8 March 2001 p. 19.
[273] T. 7 March 2001 pp. 75, 84; T. 8 March 2001 pp. 17-20, 23, 31, 43, 56-57.
[274] T. 7 March 2001 pp. 81-82.
[275] T. 7 March 2001 pp. 75-76.
[276] T. 7 March 2001 p. 76."
"176. Witness VM testified that the Accused, Interahamwe, police, and soldiers went into the church compound and asked the refugees to open the door to the church.[308] The refugees refused to open the door.[309] The witness stated that the attackers then fired bullets and grenades into the church through an opening they had made in the wall before they shot at the door and entered.[310]"
"[308] T. 6 March 2001 pp. 92-93.
[309] T. 6 March 2001 p. 93.
[310] T. 6 March 2001 pp. 93, 142."
"191. Defence Witness TDB testified that he heard gunshots and saw explosions at Musha church around 10:00 or 11:00 a.m. on 13 April 1994, which lasted about two hours.[369] According to the witness, he then tried to go to Musha church to see what was happening, but gendarmes stopped him about twenty meters away from there.[370] [ ]"
"[369] T. 4 October 2001 p. 58.
[370] T. 4 October 2001 p. 58."
"218. Prosecution Witness VP, a Tutsi who identified the Accused in court, testified that he sought refuge on Mwulire Hill from the afternoon of 13 April 1994.[408] When he arrived on Mwulire Hill, he found that over 5,000 people, mostly Tutsis, were taking refuge there and that their numbers kept increasing, so that by 18 April 1994 there were about 10,000 refugees.[409] The witness testified that from 15 through 17 April 1994 there were daily attacks on the refugees, which the refugees tried to ward off with stones.[410] The witness recognised several of the attackers including people who, according to him, had received arms from the Accused and Rugambarara.[411]"
"[408] T. 4 December 2000 pp. 35, 36, 59.
[409] T. 4 December 2000 pp. 62, 63, 64; T. 5 December 2000 p. 93.
[410] T. 4 December 2000 pp. 63-64; T. 5 December 2000 pp. 84-85.
[411] T. 4 December 2000 pp. 66-67, 71-72."
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10 and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 323 325, 347, 539:
"323. Witness HH testified that the attack began between 8.30 and 9.30 a.m. He spoke of a defence put up by the refugees, and claimed that he himself used pieces of wood as well as stones for this purpose. When the defence failed, some refugees sought refuge in buildings of the hospital while others fled to nearby hills. In the early hours of 17 April the attack had died down.[452]
324. Witness FF saw "soldiers" on board vehicles and Interahamwe on foot arrive at the Complex at 9.00 a.m. The latter were armed with spears and other traditional weapons and were chanting. The killings progressed from open areas to the ESI Chapel, and thence to the hospital, where grenades were used by the attackers. Witness FF left the Complex in the early hours of 17 April, when fighting had ceased.[453]
325. Witness YY testified that the attack started at around 9.00 a.m. It was launched by Hutu with traditional weapons. The attackers were briefly repulsed by the refugees, who defended themselves with stones, but the attackers came back in greater numbers.[454] Another Prosecution witness, Witness SS, said that the attack commenced some time in the morning. The witness threw stones at the attackers, then fled the Complex for Gitwe Hill.[455] Witness MM continued to defend himself with stones over an extended period of time. The attack ended, according to him, at around 10 p.m.[456] Witness PP also made reference to the refugees resistance. He suggested that the attack concluded some time before 10 p.m. on 16 April.[457]"
"[452] T. 25, 26 and 27 September 2001.
[453] T. 28 September and 1 October 2001.
[454] T. 1 October 2001.
[455] T. 30 and 31 October 2001.
[456] T. 19 September 2001.
[457] T. 8 October 2001."
"347. The attack at the chapel proceeded, according to the witness, with attackers throwing grenades and firing shots at the doors of the chapel; they then entered the chapel and shot at people inside, including Witness KK, who took a bullet in the arm. The witness smeared himself with blood so as to make the attackers believe he was dead. After the shooting ceased, assailants armed with traditional weapons "finished off the wounded and they clubbed the children". The witness said that the attack continued throughout the day, and that gunshots could be heard until after nightfall, at which time the attackers said: "Lets leave. We will come back tomorrow to finish off those who are not yet dead." Witness KK testified that he left the chapel during the night of the attack. [488]"
"[488] T. 3 October 2001 pp. 121-123; T. 4 October 2001 pp. 4, 65-66."
"539. The following day, on 19 April 1994, Witness FF went to Gitwe Hill where she encountered another group of Tutsi refugees, some of whom were Mugonero Hospital employees who had survived the killings at the Complex. One day in April or possibly May 1994, Witness FF saw Gérard Ntakirutimana amongst attackers at Gitwe Hill. The witness said that he was using the vehicle that he normally drove. At the time of the attack, the witness and other refugees were higher up the hill than the Accused and the attackers. The former hospital employees called him and asked him: "You, the son of a pastor, you are associating with these killers?" Gérard Ntakirutimana said: "Stop; stop where you are and I am going to prove to you that I am the son of a pastor.". He then started to shoot at them. They ran and went around the hill.[893] Witness FF claimed to have been together with the person who said this to the Accused. The Accused was not the only one who had a gun; many other people were shooting. She could not identify who were shot as many people were shooting at the time.[894] [ ]"
"[893] T. 28 September 2001 pp. 56-60; T. 1 October 2001 pp. 45-48.
[894] T. 1 October 2001 pp. 46-48."
Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, paras 395 399, 413, 428 430, 456, 460, 462:
"395. Witness F testified that, between 17 and 30 April 1994, assailants coming on the one hand from the commune of Gishyita, and, on the other hand, from Gisovu, converged on Muyira hill. Amongst the Gisovu group he saw Ndimbati, bourgmestre of Gisovu Commune, Eliezer Niyitegeka, Minister of Information, and the Director of the tea factory in Gisovu. The witness testified that the assailants were pushed back after the first attack but returned after 30 minutes to launch a second attack. He specified that it was during this second attack that he saw Musema amongst the assailants. Musema shot at refugees who had surrounded a policeman, and then ran away to his car, which was red. The witness affirmed that Musema was carrying a black rifle of medium length.
396. Witness R testified about an attack which took place around the end of April, or the beginning of May, on Rwirambo hill opposite Muyira hill in Bisesero, during which he was injured.
397. He explained that this attack started in the morning and came from Gisovu. The leaders of the attack were Aloys Ndimbati, the bourgmestre of Gishyita, and Musema, the Director of the tea factory. Musema, who was armed with a rifle of unspecified length, was within rifle range of the witness. Musema had arrived in his red Pajero, followed shortly afterwards by the vehicle of Ndimbati. Other vehicles seen by the witness were 4 tea factory Daihatsu "camionettes" aboard which were Interahamwe. The witness was able to identify the Interahamwe as they wore blue uniforms, on the back of which was printed "Usine à thé de Gisovu". Two of the camionettes were green, one was yellow and one was white. All had "Usine à thé Gisovu" printed on their side panelling.
398. The witness said he saw that the attackers were armed with clubs, rifles and spears. While in a nearby valley looking for water, Witness R was injured from a shot which came from the direction of Ndimbati and Musema. In cross-examination he described how he was injured on Rwirambo hill, which is two hills and a river away from Muyira hill. The hill was next to the road going to Gishyita from Gisovu.
399. Witness R explained that as the attackers arrived, the refugees fled in two groups. He fell behind as he was weak from lack of food, and was shot in the arm near the elbow, the bullet entering the front of his body and exiting behind as he had turned to look at the attackers."
"413. Witness R further testified that when the two groups met on the boundary of the two communes, Kayishema gave instructions on the attack. He heard Kayishema give instructions to the attackers and assign one or more leaders to each group. Musema, Ndimbati and Eliezer Niyitegeka were assigned to the Gisovu and Gikongoro groups, while Elizaphan Ntakirutimana and Ruzindana were assigned to another group. The witness explained that Kayishema then fired the first shot in the direction of Muyira hill after which the leaders, including Musema, and their respective groups, went towards Muyira hill. [ ]"
"428. Witness N testified that all the attackers had regrouped and that he could see them move their arms and speak, although he was unable to hear what they were saying. He said he was able to hear Musema once the group moved to within a few metres of him. The witness testified that Musema spoke to a policeman named Ruhindura, and asked him whether a young woman called Nyiramusugi was already dead, to which the policeman answered "no". He stated that Musema then asked that before anything, this young woman be brought to him . In cross-examination, the witness specified that he was able to hear Musema as the refugees were speaking amongst themselves softly and the attackers were getting organized. He added that the attackers spoke loudly so that everyone could hear them.
429. The witness stated that he knew this young woman, who was a teacher, as he used to see her when she walked to school, and that he used to take his cows to graze in front of her parents' house.
430. Immediately after these instructions, stated Witness N, those from Gishyita started shooting so that everyone else would start shooting. The attacks lasted until 15:00hrs, at which point the witness fled to the commune of Ruhindura. He added that some of the "refugees" fled towards the top of the hill and others towards the bottom of the hill. The witness explained that Musema searched for the young woman throughout this period and also shot at people."
"456. Witness F testified that on 14 May 1994 the attacks continued on Muyira hill and surrounding hills during which he was shot in his right arm and was hit by shrapnel in his shoulder. Though he saw Musema's red car amongst the vehicles of other attackers he was able to identify, the witness testified that he did not personally see Musema on that day. [ ]"
"460. Witness T testified that he saw Musema participate in a large scale attack against Muyira hill on 14 May. The witness indicated that Musema was on an opposite hill and carried a rifle which the witness presumed was used by Musema during the attack."
"462. Witness D spoke of a large scale attack which took place on a day of Sabbath, thus a Saturday, between 08:00hrs and 16:00hrs. The Chamber notes that 14 May 1994 was indeed a Saturday. During this attack at Muyira Witness D saw Musema, Sikubabwo, Kayishema and Ndimbati. She saw attackers, numbering approximately 15000, armed with rifles, grenades and traditional weapons arrive in numerous vehicles, including lorries and nine buses, and heard them sing "Let's exterminate them". According to the witness, those with traditional weapons were to finish off refugees who had been injured by bullets. The refugees numbering approximately 15000 fought back with stones."
[B. Evidentiary comment:]
P.3.2. Evidence from witnesses who heard attacks/violence.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 294, 339, 345, 355:
"294. On 13 July at around 14:00 a Bosnian Muslim man observed from a hill where he was hiding two or three buses leaving from Konjevic Polje towards Nova Kasaba.1055 He saw the buses turning right off the asphalt road in the direction of the village of Cerska. The buses were escorted by an APC carrying soldiers in camouflage uniforms, and another vehicle . About five minutes later an excavator followed the other vehicles. The witness lost sight of the vehicles when they turned around a bend, but after about 10 minutes he heard the sound of light arm and machine gun fire. The shooting lasted for about half an hour. He then saw the three buses coming back followed by the APC and some time later the excavator.1056"
"1055. Witness P-109, KT. 2736-37.
1056. Witness P-109, KT. 2737-39, 2741, 2781"
"339. Witness P-111 further testified that during the night of 14 July, prisoners were taken out of the classrooms, after which shooting could be heard.1255"
"1255. Witness P-111, T. 1408."
"345. From the crossroads Marko Milosevic could see the school and soldiers guarding it. The soldiers were unknown to him.1274 Marko Milosevic passed on the message to Colonel Beara to call the brigade immediately and then returned to the 6th Battalion headquarters. From there, he heard gunfire late in the afternoon coming from the direction of the school.1275"
"1275. Marko Milosevic, T. 5650, 5652-53."
"355. On 16 July, approximately 500 Bosnian Muslim men were killed by VRS soldiers in the Pilica Cultural Centre.1332 Due to the size of the building and the large number of men, it appears that the men were crammed into the main room and were standing on the stage.1333 Shots and detonations from grenades were heard across the road for about 20 minutes.1334 [ ] There are no known survivors of this massacre.1337"
"1332. The Pilica Cultural Centre is also called "Pilica Dom".
1333. The Trial Chamber toured the Pilica Cultural Centre during its Site Visit to the region. The interior of the building has not been fully cleaned since the events in July 1995.
1334. Drazen Erdemovic testified that he had left Branjevo Military Farm and was in the café on the opposite side with "the Lieutenant Colonel" when the killings happened. He could see people lying down and could hear shots. He also heard the Lieutenant Colonel saying that 500 people were in the building. After the shooting had continued for 20 minutes, the "man from Bratunac", who was identified by Erdemovic came to the café and said that everything was over; Drazen Erdemovic, KT. 3143-48, MT 25161. See also Dean Mannings testimony as to the fact that an execution took place in that building, Dean Manning, T. 7214-15.
[ ]
1337. Jean René Ruez, T. 541."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras 435, 439, 455, 462:
"435. On 23 June 1992, six Bosnian Serbs drove with a tractor into the village of Alici. Some of these men wore uniforms, but others were also dressed in civilian clothes.1121 In the evening, Bosnian Serb forces rounded up local Bosnian Muslims and gathered them at the local orthodox cemetery. Around midnight, a burst of gunfire could be heard, followed by the singing of Serb songs.1122 The Trial Chamber finds that at least 27 persons were killed by armed Bosnian Serbs during this incident.1123 The Trial Chamber is also convinced that equipment from the public utilities company in Bosanski Novi was used to bury the dead bodies in mass graves.1124"
1121. BT-84, T. 14135-14137 (private session).
1122. BT-84, T. 14140-14145 (private session in part).
1123. BT-84, T. 14155-14158 (private session); ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina , Nicolas Sébire, 16 May 2003", 02927934; ex. P1681, "Record of Exhumation", Cantonal Court Bihac, 28 October 1998.
1124. BT-84, T. 14152."
"439. A Bosnian Croat soldier from the HVO was taken to the camp's isolation cell, from where the other inmates could hear his screams and the sound of beatings. Then a shot was fired, following which everything was silent. Detainees were ordered to wrap his dead body in a blanket.1137"
"1137. BT-36, T. 11066 (closed session )."
"455. On 20 or 21 July 1992, camp inmates from room 3 at the Keraterm camp were relocated to other rooms in the camp. Room 3 was subsequently filled with residents from the recently cleansed Brdo area.1185 Approximately 200 persons were crammed into room 3.1186 On one of the following days, detainees were ordered to go into their rooms, face the wall, and stay calm. After dark, Bosnian Serb army personnel entered the camp.1187 A machine-gun was placed on a table outside room 3.1188 At around 11:00 p.m., gun shots from light and heavy weaponry could be heard. There was the sound of breaking metal and shattered glass, and human cries. The turmoil lasted for half an hour.1189"
"1185. Jusuf Arifagic, ex. P554, T . 7095-7096.
1186. BT-37, ex. P555, T. 2516 (under seal).
1187. Jusuf Arifagic, ex. P554, T . 7097.
1188. Jusuf Arifagic, ex. P554, T . 7101.
1189. Jusuf Arifagic, ex. P554, T . 7097-7098; BT-37, ex. P555, T. 2510-2516 (under seal)."
"462. In the village of Biljani, the hamlets of Brkici, Dzaferagici, Botonici and Jakubovac were exclusively inhabited by Bosnian Muslims.1215 On 10 July 1992, Bosnian Serb special police and soldiers in JNA uniforms rounded up Bosnian Muslim men and women from the Biljani hamlets at the local school building.1216 Between 120 and 150 men were confined in two classrooms, and their names were written down by a Bosnian Serb named Petar Mihic.1217 The men were then called out five by five.1218 Thereafter, bursts of gunfire could be heard.1219 The Trial Chamber finds that at least 144 men were killed in Biljani on that day.1220"
"1215. Husein Cajic, T. 8976.
1216. BT-25, T. 9065-9066 (closed session); Husein Cajic, T. 8994.
1217. BT-25, T. 9068-9070 (closed session); Husein Cajic, T. 9004-9005.
1218. BT-25, T. 9070 (closed session ).
1219. Husein Cajic, T. 9015.
1220. Asim Egrlic, T. 10615; BT-25 , T. 9080 (closed session); ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927972-02927981. The mass gravesite at Laniste from which these bodies were exhumed was visited by the Trial Chamber and the Parties during the site visit in March 2004."
Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, para. 121:
"121. Witness TAO [ ] testified that the attack subsided only around 7 p.m. that evening, while he was leaving the parish. He explained that there were fewer gunshots, although the screaming continued.[115]"
"[115] T., 30 July 2003, pp. 54 to 55."
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 301, 308:
"301. Prosecution Witness GEB testified that they heard gunshot noise coming from the Gikomero Parish, "salvos from several guns and it made a lot of noise", approximately 30 minutes after the vehicle passed them. He testified that they immediately returned to the Gahini Centre where they had left their wives and children."
"308. Witness GEU testified that he used a side path to return home from the Gicaca Trading Centre because he was afraid of the dangers. On the way, he heard grenade explosions and gunshots from the direction of Gikomero. The Witness estimated that he heard the sounds when he was halfway between Gicaca Trading Centre and his parents house. He did not recall how long it took him to get home."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, paras. 536 537, 563 564, 573, 579:
"536. Prosecution Witness GBE testified that, at about 8:00am, he heard gunfire and grenades being thrown not far from his house in Rwankeri cellule. The Witness saw smoke. He could see what was going on not far away through the fence surrounding his house. People were calling for help but nobody dared to assist.[ ]717
537. Defence Witness MEM testified that, on the morning of 7 April 1994, he saw "the youths and other people" moving towards Rwankeri in Byangabo Market. He saw this from his hiding place. The youths were wearing ordinary clothes; they were accompanied by ex-soldiers or deserters dressed in ordinary clothes. After the crowd left Byangabo Market, the Witness heard grenades exploding from the direction of Ruhengeri and from the direction of Busogo Hill, where the Tutsis lived. The Witness knew at that point that Tutsis were being killed.718"
"717. T. 9 July 2001, pp. 79-80, 83-86 and 90 (ICS) (GBE).
718. T. 25 November 2002, pp. 48-50 (MEM); T. 26 November 2002, p. 62 (MEM) (ICS)."
"563. Defence Witness RHU26 testified that she heard gunfire coming from the direction of Busogo secteur on the morning of 7 April 1994. The Witness overheard passers-by saying that they had started killing Tutsis in Rwankeri, Busogo and at the Convent. The Witness was not an eyewitness to any killings. In response to a question posed by the Bench, the Witness stated that killings occurred anywhere Tutsis were found, not just at the nunnery.740
564. Defence Witness RGM testified that he did not witness the killings that took place at the Convent at Busogo Parish on 7 April 1994. However, the Witness observed looting there on that day. The Witness saw five vehicles that belonged to the nuns being driven around Byangabo. The Witness identified Alex Rukundo, Theoneste Barebereho, Kwitonda (nicknamed Sesera), Turgeon Nsengimana and Ndayisabye as the drivers of the vehicles. The Witness testified that the distance between Busogo Hill and Busogo Parish is 500 metres and that he could hear the gunshots and grenades exploding from Busogo Parish. 741"
"740. T. 30 September 2002, pp. 15-17 and 42 (RHU26) (ICS).
741. T. 19 November 2002, pp. 6-7 and 59-60 (RGM)."
"573. Defence Witness RHU25 testified that on 7 April 1994 at 8:00am a person named Georgette Madelin came to the Convent to inform Gateyiteyi that his family had sought refuge at the Convent. The Witness testified that he left the Busogo Convent's medical centre with Gateyiteyi, who did not immediately check on his family and first went to check his house. The Witness and Gateyiteyi heard gunshots and met people fleeing from Rwankeri cellule. The fleeing people told them that the Tutsis were being attacked and killed by the Interahamwe. The refugees that they spoke to included Niyobizera Faustin, who came from Rwankeri, Niyibizi and Callixte.753"
"753. T. 21 November 2002, pp. 3-4, 6, 9-13, 59 and 93 (RHU25)."
"579. Defence Witness MLCF testified that he left his house at about 7:00am on 7 April 1994. The Witness was in front of the Convent when shooting started. The Witness estimated the time to be between 8:30am and 9:00am. The Witness, "after some minutes or so", then went home to clean up. Whilst in the house, the Witness heard "explosions and detonations". The Witness estimated the time to be around 8:00am. The noise from the detonations and explosions seemed to be coming from the direction of Byangabo.762"
"762. T. 5 December 2002, pp. 39-42 (MLCF); T. 10 December 2002, p. 3 (MLCF) (ICS)."
Prosecutor v Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 204 205, 207, 209, 227, 257, 267, 272:
"204. On the day of the massacre, witnesses observed the arrival of a large number of armed persons in the camp, wearing military uniforms and red berets.413 A machine-gun was placed in front of Room 3.414
205. That night, bursts of shooting and moans could be heard coming from Room 3.415 A man in Room 1 was wounded by a stray bullet.416 A machine gun started firing. [ ]"
"413. Jusuf Arifagic, T. 7097; Witness Y, 92 bis testimony in Sikirica, T. 1458. See also Witness K, Statement, 18 August 2000, paras 33-35
414. Witness B, T. 2237. See also Jusuf Arifagic, T. 7101; Witness Y, 92 bis testimony in Sikirica, T. 1458.
415. Witness B, T. 2238-39; Jusuf Arifagic, T. 7098; Witness Y, 92 bis transcript in Sikirica,KT. 1431 and Witness K, Statement, 18 August 2000, paras 36-37.
416. Witness B, T. 2239."
"207. One witness reported about 42 or 43 shots, cries, shootings, and bodies found the next morning in front of Room 3 and loaded later on a Zastava 640.425 Based on this evidence, the Trial Chamber is satisfied beyond all reasonable doubt that there was a second massacre in Room 3 the following day, though is not able to assess the exact number of victims."
"425. Jusuf Arifagic, T. 7100; Witness Y, 92 bis testimony in Sikirica, T. 1434."
"209. Around 200 people from Hambarine arrived in the Omarska camp sometime in July 1992. They were initially accommodated in the structure known as the "White House". Early in the morning, around 01:00 or 02:00 on 17 July 1992, gunshots were heard that continued until dawn."
"227. On one occasion, several soldiers arrived from the direction of Kozarac. A man called Tupe Topala was among them and he was carrying a knife and shouting: "Where are you balijas? I want to cut your throats". The soldiers were yelling and cursing. Afterwards they lead 11 men out of the camp they had their heads down and their hands over their head. The soldiers took the men into a maize field behind the house where Witness Q was staying. She later heard gunshots and screams.548"
"548. Witness Q, T. 3998 99."
"257. On arriving in Cemernica, Witness S met a man called Muhamed Hazdic who had witnessed killings by soldiers in the hamlet of Alagici. Screams and shots could still be heard from the direction of Alagici.618 [ ]"
"618. Witness S, T. 5901-02."
"267. On 23 July 1992 the village of Carakovo was attacked. From a neighbouring field , a witness stated: "I did hear the shooting, and I heard the tanks, and I heard the screams of the women and children. I heard them crying. And then I saw the houses that were burning straight away".648 Several people were killed.649 She later helped the relatives bury the bodies."
"648. Witness V, T. 5727-29.
649. Witness V, T. 5730-38."
"272. The Trial Chamber is convinced that at the beginning of the war, the stadium served as a base for the military police.659 The grounds of the stadium are enclosed on one side by a forest with a non-continuous fence, on a second side by a fence with a 10 meter gap, on the third side by a wall and on the fourth by a building. Civilians were brought to the stadium to be interviewed. Shooting could be heard from the area both day and night.660"
"659. Witness DD, T. 9637-38.
660. Witness DD, T. 9638-40."
Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, para. 177:
"177. Witness VM explained that after entering the church, the attackers threatened to shoot anyone who would not leave.[311] Witness VM indicated that he and others went outside, but noted that some people stayed in the church.[312] Witness VM stated that after he left the church, he heard shouting inside the church as well as explosions and gunfire.[313] The witness testified that he was not certain if the Accused was one of the attackers who entered the church because the church was very large and because he was made to go outside.[314]"
"[311] T. 6 March 2001 p. 93.
[312] T. 6 March 2001 p. 93.
[313] T. 6 March 2001 p. 97.
[314] T. 6 March 2001 p. 144."
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10 and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 327, 329, 332 - 333:
"327. On 16 April, Defence Witness 5 was in a house belonging to Esapan. On his way to church people warned him not to go there. He turned and heard people shouting; later, grenade explosions and shooting were audible. He stayed in the house because, as he said, many people had run away, others were screaming, people were being slain, and it was frightening.[459]"
"[459] T. 2 May 2002."
"329. Defence Witness 6 was also in Mpembe. Early in the morning of 16 April he heard people pass by and was told that on other hills people could be seen going toward Ngoma. The witness later heard explosions from the direction of Mugonero."
"332. Gérard Ntakirutimana testified that on the morning of 16 April, from his location at the CCDFP building in Gishyita, he saw people being chased from the Complex. (It is not clear who these people were, or who was chasing them.) Some time later, between 10.30 and 11.30 a.m., "we could hear explosions such as grenade explosions. They were really very, very loud powerful explosions These noises continued until about 2 p.m., and at around 3:00 in the afternoon the noises had significantly diminished."
333. Elizaphan Ntakirutimana testified that from his location close to the CCDFP building in Gishyita, around 11.00 a.m. on 16 April, "I could see people going up towards Ngoma, launching attacks. I could see other people who were going towards Magarama I heard something like grenade explosions, and all these things made me afraid. So I said to myself that people were being decimated." And: "I saw people running at th[e] West Rwanda school. I could hear explosions, and I was seeing people running helter-skelter."[469]"
"[469] T. 7 May 2002 pp. 11-13."
Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, para. 413:
"413. [ ] The witness was unable to see what happened on the hill, but he heard gunfire, grenade explosions and people screaming."
Prosecutor v. Zejnil Delalić et al, Case No. IT-96-21-T, Judgement (TC), 16 November 1998, paras. 817 821, 832, 841, 873:
"817. [ ]According to most of the witnesses, in the early afternoon of the relevant day, which was in mid to late June 1992, Hazim Delic and Esad Landzo approached Mr. Gotovac, who sat near the door inside Hangar 6, and Hazim Delic accused him of having killed two Muslims in 1942. Mr. Delic informed him that these Muslims had been killed in the prison-camp itself. Hazim Delic further referred to some old enmity between their families and told Mr. Gotovac that he should not hope to remain alive. Scepo Gotovac denied these allegations, whereupon Hazim Delic started to beat him. He was then taken out of the Hangar and the sound of blows and his moaning could be heard inside the Hangar. After some time, he was dragged back into the Hangar.
818. A few hours later, in the evening, he was once more taken out of the Hangar and Hazim Delic and Esad Landzo again administered a severe beating. As a result of this, he could not even walk back to his place inside and was carried into the Hangar by two of the other detainees. A metal badge, possibly bearing the insignia of the SDS, had been pinned to his head and Esad Landzo threatened the rest of the inmates of the Hangar by saying that he would kill anyone who dared remove it. As a consequence of this second beating, Scepo Gotovac died in the Hangar a few hours later.
819. Although there are some variations in the statements of the witnesses to these events, the basic features of their testimony remains the same. While appreciating their evidence, it has to be borne in mind that they were speaking about an incident which had occurred five years earlier and that they were confined in a place where physical violence was not an uncommon event.
820. It is true that Scepo Gotovac was beaten outside Hangar 6, while the witnesses were seated inside and could not, therefore, see the person or persons who were actually beating him. However, in view of what they saw and heard inside the Hangar, it could reasonably be said that they were in a position to know what was happening outside. For example, they:
(a) saw Hazim Delic walking up to Scepo Gotovac and accusing him of killing two Muslims in 1942, and, on his denial, hitting him;
(b) saw Hazim Delic and Esad Landzo taking Scepo Gotovac outside Hangar 6;
(c) heard the sound of blows, as well as the cries and moans of Mr. Gotovac, immediately after he was taken out;
(d) saw Scepo Gotovac being brought back into the Hangar in a poor condition;
(e) saw him again being taken out of Hangar 6 at about evening time;
(f) heard the sound of blows and the moans and cries of Mr. Gotovac, coming from outside the Hangar;
(g) saw Scepo Gotovac being carried into the Hangar after a short time;
(h) saw that a metal badge was stuck on his forehead;
(j) found Scepo Gotovac dead in the morning.
821. These circumstance, when considered together, leave no room for doubt with regard to the persons who were responsible for causing the death of Scepo Gotovac. On the basis of the evidence on record, it is clear that both Hazim Delic and Esad Landzo participated in the beating which resulted in the death of the victim."
"832. With respect to the all of the allegations relating to these counts and particularly the incident which finally lead to the death of Zeljko Milosevic, the Trial Chamber lends particular credence to the testimony of Novica Dordic and Milenko Kuljanin. Novica Dordic was situated only a very short distance from the door of Tunnel 9. He was in a position to see and hear what was occurring outside the door, as it was open during the beatings leading up the final one occasioning Zeljko Milosevics death. This witness conceded that he did not see the final beating, as the door of Tunnel 9 was closed. However, he heard Mr. Delic call the victim out, after which he heard a discussion, then beatings and finally a shot. This is consistent with and supported by the testimony of Milenko Kuljanin, who testified that Hazim Delic called and personally took Zeljko Milosevic out of Tunnel 9, after which he heard the victim screaming, moaning and crying out for over an hour, indicating the severity of the beating inflicted upon him. The following morning Milenko Kuljanin, Novica Dordic and Witness J observed the victims dead body near the place where they were taken to urinate. [ ]"
"841. Sometime at the end of June or beginning of July 1992, Esad Landzo called Simo Jovanovic out of the Hangar, as on previous occasions. There is some variation in the accounts of the witnesses on whether Mr. Landzo was alone on this occasion, or whether he was accompanied by some other guard or guards. In any case, Mr. Jovanovic was taken behind Hangar 6 and given a severe beating by a number of persons. His moans, cries and appeals for mercy could be heard inside the Hangar by the witnesses. After about 15 to 20 minutes he was brought back inside and died a few hours later."
"873. The Indictment alleges that Zeljko Cecez was beaten to death in the Celebici prison-camp in June or July 1992. In establishing the facts in relation to this event, the Prosecution relies on the testimony of Witness R. According to the testimony of this witness, Zeljko Cecez was called out of Hangar 6 in the evening of the same day that Milorad Kuljanin was killed. From his position inside the Hangar, the witness could then, for a period of about half an hour, hear the sound of a human body being beaten, together with the cries and moans of Zeljko Cecez. The witness testified that Zeljko Cecez was then brought back into the Hangar, where he first lay moaning but soon fell silent. The following morning, the witness had an opportunity to observe Zeljko Cecezs lifeless body at close range for more than an hour. The body was covered in bruises and had an ash grey colour "as if there was never a drop of blood in that body"891. The body was carried out of the Hangar by a detainee the same morning. The Prosecution submits that corroboration of this testimony is provided by the testimony of Witness N, Dragan Kuljanin, Mladen Kuljanin, Risto Vukalo, Witness F, Stevan Gligorevic, and Mirko Dordic, who were all present inside Hangar 6 at the time of the alleged events. In order to establish the death of the victim, the Prosecution further relies on Exhibit 185, a funeral certificate. The Prosecution further submits that the evidence suggests that Zeljko Cecez may have been killed because he had been a witness to the killing of Milorad Kuljanin. It relies in this respect on the testimony of Witness R, Witness F and Witness M."
"891. T. 7792."
A. Legal source/authority and evidence:
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, para. 314:
"314. [ ] The Witness testified that she could see wounded children fleeing towards them and a young girl whose legs were amputated sought refuge in their house."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 580:
"580. Defence Witness MLCF testified that he saw at least thirty people fleeing from the Busogo Parish Convent. Those who were fleeing seemed to be in a panic and consisted largely of women and children. Shortly thereafter, the Witness heard the noise of many people coming from the Convent and the dispensary. [ ]"
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10 and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 326, 328, 329, 330, 332:
"326. Defence Witness 8 was at her house on 16 April, about 50 minutes walk from the Complex. From there she had a view of Esapan Secondary School, though not of the Complex. In the afternoon the witness saw people ("bandits"), coming from the direction of Esapan, pass along the road in front of her house. They were carrying beds, mattresses and chairs.[458]"
"[458] T. 14 February 2002."
"328. On 16 April, Defence Witness 7 was living in Mpembe Secteur, at some distance from the Complex. At about midday she saw people passing on the road carrying objects (bed, mattresses) which had been looted from the hospital. She also observed other persons who had in their hands machetes or clubs.[460]"
"[460] T. 12 February 2002."
"329. Defence Witness 6 was also in Mpembe. Early in the morning of 16 April he heard people pass by and was told that on other hills people could be seen going toward Ngoma. [ ] He could see people carrying objects (beds, mattresses) looted from the hospital. They were angry, influenced by drugs and armed with machetes and weapons. Among them were two robbers of some notoriety, Alexis and Sekagarama (nicknamed Rucekeli). The group returning from Mugonero in the afternoon and evening was very large; it "took an hour to pass by where we were".[461] Witness 6 went back to Ngoma around 18 April: "Everywhere we went by, we realised that where there had been Tutsi houses most of them had been destroyed. The houses which were covered by grass had been burnt down. We could see people who were carrying iron sheets which had been removed from roofs, from schools and from places where people had fled."[462] The witness later added: "I also saw houses belonging to Hutus which were destroyed. For instance, at the Mugonero Hospital or in the neighbourhood of the field and in the residences of the workers all the houses had been looted and doors had been broken down." The witness further stated: "It was the Tutsis who were targeted in particular. They were a specific target but there were also other people who were targeted."[463]"
"330. Between 10.00 a.m. and noon on 16 April, Defence Witness 32, who was at the CCDFP building in Gishyita, heard noises from the direction of Mugonero (shouting and noises that resembled those "made by iron sheets"). Around 4.30 p.m., the witness saw a large number of people coming from Mugonero carrying looted property (for instance mattresses). They were also carrying spears and machetes.[464] He stated that the hospital had been attacked by "bandits of the same calibre as Reuben".[465]"
"[461] T. 24 April 2002 p. 94.
[462] Id. p. 100.
[463] T. 25 April 2002 pp. 16-18.
[464] T. 16 April 2002 pp. 120-123.
[465] T. 17 April 2002 p. 36."
"332. Gérard Ntakirutimana testified that on the morning of 16 April, from his location at the CCDFP building in Gishyita, he saw people being chased from the Complex. (It is not clear who these people were, or who was chasing them.) [ ] "In the afternoon we also saw people who were leaving Mugonero some of them who were going towards Kigarama, others were going towards Gishyita and the neighbouring hills. They were carrying belongings on their heads mattresses, sacks, things like that which they were taking away from the hospital. the mattresses belonging to the hospital are covered by plastic sheets, and one could recognise the hospital mattresses because of these waxed cloths that covered them". They were "peasants and mostly very able-bodied young people. I would say that thats what they were, and I could see that [their clothes were] in tatters, so one could even call them vagabonds". The Accused did not indicate the distance from which he was able to observe this degree of detail, except that he was afraid to get near them.[467] In later testimony, the Accused distinguished three categories of perpetrators: "There were people who were attacking others for political reasons. There were others who were attacking people to enrich themselves, to take over their wealth. And there was yet another group that was attacking others who wanted to take advantage of the crisis, the confusion to attack people for ethnic reasons. So there was that inter-ethnic conflict as well, which was part of the war."[468]"
"[467] T. 9 May 2002 pp. 109-113.
[468] T. 10 May 2002 pp. 20-21."
P.3.4. Forensic evidence after conflict indicating attacks/violence.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, para. 356:
"356. There is forensic evidence that corroborates the killings. A DNA analysis of blood and tissue samples collected at the Pilica Cultural Centre identified the samples as being of human origin.1338 According to the locations of markings on the walls from both grenades and artillery fire, it appears that some victims may have sought some protection by crouching in the corners of the main room or may have been lined up against the wall before being shot. Additionally, markings from gun shots were found on the wall behind the stage, indicating that men were put on the stage before being executed and appear to have been shot at by soldiers located in the balcony overloking the stage.1339"
"1339. Dean Manning, T. 7214-15:
(The U.S. Naval Investigation Service( representative samples of blood, human tissue, and explosive residue from that building. They also identified large amounts of blood and explosive damage to the stage, blood dripping from the stage, artefacts such as shell cases, identification documents, and shoes, and other material which indicated or confirmed that an execution had taken place in that building [ ] (Ex. P19.7( is a photograph of the stairway area leading to the stage of the Pilica Dom. That is a blood splatter pattern. You can see it's dripping down the wall, and there's another pattern on the left of the photograph. And it also indicates damage to the walls and the structure of the Dom."
Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, para. 181:
"181. The Prosecutors investigator Pierre Duclos testified that when visiting Musha church in 1997, he observed holes in the doors and the roof where the metal was torn by projectiles fired into the church from the outside and a mark that he was told was dried blood.[331]"
"[331] T. 16 October 2000 pp. 78, 79."
P.4.1. Evidence of dead bodies seen soon after killings by eyewitnesses.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 281, 302 311, 329, 332 335, 340, 342, 349, 353, 355, 359 360:
"281. [ ] Moreover, on 15 July, a representative for the Bratunac Department of Defence was informed that there were corpses in the Vuk Karadjic School.1023 Forty to fifty bodies were discovered in the classrooms, both on the ground floor and the first floor.1024 There was a terrible stench.1025 The representative for the Department of Defence arranged for a truck which transported the bodies from the school to Glogova where a grave had already been dug.1026 After the bodies had been removed, approximately 20-30 women from Bratunac, who had been arrested for looting in Potocari and Srebrenica, were ordered by the municipality to clean up the school.1027"
"1023. Witness DP-101, T. 7916-17 (closed session).
1024. Witness DP-101, T. 7917-18 (closed session). Dragan Mirkovic testified that he saw about six corpses at the school, but was later informed that there were many more, T. 7954. However Momir Nikolic testified that Dragan Mirkovic told him that there was 80-100 Bosnian Muslims. Momir Nikolic, T. 1762-63.
1025. Witness DP-101 (closed session ), T. 7883-84 (closed session).
1026. Witness DP-101 (closed session ), T. 7919, 7920 (closed session). See also Dragan Mirkovic, who testified that a group of people from the utilities company was told to collect bodies at Vuk Karadzic School. They had heard the shooting around the school; Dragan Mirkovi c, T. 7953-54.
1027. Witness DP-101 (closed session ), T. 7883-84 (closed session)."
"302. Jovan Nikolic saw many corpses outside the warehouse when he arrived at the Kravica Warehouse. [ ]
303. [ ] A member of the former Department of Defence in Bratunac also testified that on 14 July at around noon he saw several groups of soldiers unknown to him at the warehouse and approximately 200 or 300 corpses placed in front of the warehouse. 1089
1089. Aleksandar Tesic, T. 7809, 7812-13.
304. On the evening of 13 July, Colonel Beara, together with Miroslav Deronjic and others, began organising the burials of the Bosnian Muslim men killed at the Kravica Warehouse. A number of meetings between the civilian authorities and the VRS was held at the SDS offices in Bratunac.1090 It was decided that workers from the asanacija unit of the Rad Utilities Company and "work obligation unit" of the Bratunac Civilian Protection report in Kravica the next morning to load the bodies onto vehicles.1091 Dragan Mirkovic, the director of the Rad Utilities Company in Bratunac and the commander of the Companys asanacija unit,1092 was ordered by Beara to get all men and machinery available to him ready for a burial operation.1093
305. Some time after midnight another meeting was held at the SDS offices, attended by, among others, Miroslav Deronjic, two unknown VRS officers and Momir Nikolic.1094 Miroslav Deronjic ordered that the Civilian Protection workers should report at Glogova the morning of 14 July.1095 The asanacija unit of the Rad Utilities Company were to dig a large grave there. At Glogova the asanacija unit was to be handed over to Momir Nikolic.1096 However, Dragan Mirkovic, who had accompanied the asanacija unit to Glogova on the morning of 14 July, testified that he did not see Momir Nikolic or Colonel Beara there.1097
306. Between 14 and 16 July, the bodies of the Bosnian Muslim men were taken in trucks from the Kravica Warehouse to be buried at grave sites in Glogova and Ravnice.1098 A loader of the Rad Utilities Company was used to load the bodies onto the trucks.1099 It was operated by two members of the Bratunac Brigade: Radenko Djurkovic,1100 and Krsto Simic,1101 both members of the Workers Battalion of the Bratunac Brigade.1102 Krsto Simic testified that on the morning of 14 July1103 following an order by members of the Military Police whom he did not recognise, he and a colleague of his had to report to the Rad Utilities Company and then to the Bratunac Brigade headquarters.1104 In front of the Bratunac Brigade headquarters Momir Nikolic ordered them to go to Kravica.1105 Trucks from Bratunac utilities companies and one from a Zvornik utilities company left Bratunac around noon, escorted by military police.1106 According to Krsto Simic the Military Police first secured the area at the Kravica Warehouse while the bodies were loaded onto the trucks1107 and then the column of trucks when it left for Glogova.1108 At Kravica, Momir Nikolic ordered Krsto Simic to replace Radenko Djurkovic in operating the loader.1109 Members of the Bratunac Civilian Protection assisted in loading the bodies onto trucks.1110 The trucks left together for Glogova.1111
307. Krsto Simic testified that at the Glogova grave site the bodies were unloaded in the presence of Momir Nikolic and members of the Military Police.1112 Radenko Djurkovic dug two graves at the Glogova site, as ordered by Drago Mirkovic and Momir Nikolic.1113 The excavator used to dig the second grave was brought from Bratunac. It was yellow and had a license plate from Zvornik.1114 After the bodies were placed into the graves, earth was spread over the bodies with a large machine, layer by layer. On the second day all bodies had been buried.1115
308. Ostoja Stanojevic, a driver of the engineering company of the Zvornik Brigade, testified that around 09:00 of 14 July Dragan Jokic told him to get his truck ready as he would spend several days in the field. He told him that he had to go to Srebrenica to "clear up some garbage" and that he first had to report to the Civilian Protection in Zvornik, which he did.1116 Ostoja Stanojevic, along with three members of the Civilian Protection including the commander of the Rad Utilities Company Dragan Mirkovic and Rajko Dokic then drove south to Bratunac town. Upon arrival, Ostoja Stanojevic reported to the Civilian Protection but was not given any instructions.1117 He then spent the night of 14 July at a hotel in town.1118 On 15 July Ostoja Stanojevic was told by ?okic that it was not possible to go to Srebrenica. Later, Stanojevic was approached by an unknown worker of the Bratunac Civilian Protection who told Stanojevic to go to Kravica and who also joined him there as Stanojevic did not know where it was.1119 At the Kravica, corpses were removed from the Warehouse and loaded onto his and other trucks by members of the Civilian Protection using a loader.1120 Stanojevic transported them to the Glogova grave site together with workers from the Civilian Protection and unloaded the bodies in a grave that had already been dug.1121
309. Ostoja Stanojevic testified that he complained to Dragan Jokic on 17 July about his assignment at the Kravica Warehouse.1122 Dragan Jokic told him that:
310. On 15 July detained DutchBat soldiers were driven from Milici to Bratunac. Between Kravica and Glogova the DutchBat soldiers noticed an intense smell and saw on the side of the road a big truck carrying a container.1124 One of the DutchBat soldiers testified that he saw seven or eight male bodies coming out of the top of the container. The bodies appeared to be of men aged 20 to 40 years; the men had been stripped to the waist and the bodies were swollen and "kind of bluish".1125 DutchBat then passed a body of another man stripped to the waste and wearing no shoes lying on the side of the road.1126 Andere Stoelinga saw a bulldozer and a "scrapper"1127 next to the body, and two men were trying to get the body into the "scrapper".1128
311. Nikola Popovic testified that he knew that on 19 July, Bratunac Brigade military police was securing public utility workers who were digging graves in Glogova.1129 This evidence is corroborated by the military police logbook of the Bratunac Brigade.1130 The Trial Chamber recalls that during the "clean-up" of Srebrenica and Potocari, bodies were found. Those bodies were subsequently taken to the Glogova grave site.1131"
"1090. Witness DP-101 T. 7872-73 (closed session). Witness DP-101 gave evidence that he met with Miroslav Deronjic and two unknown officers at the SDS offices to get orders. Dragan Mirkovic testified that he met with Beara and two unknown officers in Miroslav Deronjics office on the night of 13 July; Dragan Mirkovic, T. 7940.
1091. Witness DP-101, T. 7872-7874 (closed session).
1092. According to Dragan Mirkovic, the Rad Utilities Company was a public company that in times of war received orders from the president of the Municipal Assembly, the president of the Executive Board and from utility, sanitary and building inspectors. It was not subordinated to the army, but its activities were to be coordinated with those of the army through the civilian authorities. During the war asanacija was one of its duties; T. 7965-66, 7938.
1093. Dragan Mirkovic, T. 7939-43.
1094. Witness DP-101, T. 7876 (closed session).
1095. Witness DP-101, T. 7876 (closed session). The Trial Chamber has also heard evidence that a member of the asanacija unit was taken to a shack in front of the Bratunac Brigade Military Police station, where Momir Nikolic confirmed the order of Dragan Mirkovic to go to Glogova, Witness P-140, T. 3405.
1096. Witness DP-101, T. 7876-78 (closed session).
1097. Dragan Mirkovic, T. 7950.
1098. The expert Witness Dean Manning testified as to artefacts located in the Ravnice grave and the Glogova primary grave that were identical to those in the Kravica Warehouse; Dean Manning, T. 7179-81, 7210-11.
1099. Witness DP-101, T. 7909 (closed session).
1100. Krsto Simic, T. 7327-28, Dragan Mirkovic, 7948-49.
1101. Krsto Simic, T. 7329; Jovan Nikolic, T. 8036. The Trial Chamber has considered Krsto Simics status as suspect when it has evaluated his evidence.
1102. Witness P-140, T. 3401 (private session). Radenko \urkovic was assigned to the asanacija unit of the Rad Utilities Company and was mobilised to the Bratunac Brigade in July 1995, Witness P-140, T. 3445, 3450, 3395 (private session); Dragan Mirkovic, T. 7974. Krsto Simi c, T. 7345-51, referring to Ex. P165, Bratunac Brigade Roster, list of reserve members; Ex. D143/1, roster of the Bratunac Brigade, which lists Krsto Simic as a member of the 3rd Battalion.
1103. Krsto Simic testified that he received this order two or three days after the Srebrenica enclave fell. Considering the evidence presented, the Trial Chamber notes that the only date on which Krsto Simic reasonably could have received the order was 14 July.
1104. Krsto Simic stated that the director of the Sase mine, where Krsto Simic was working, sent him and his colleagues to the Rad Utilities Company, after Krsto Simic had seen him talking to military police men. Krsto Simic knew that those men were military police because they wore white belts and camouflage uniforms and he assumed that they were from the Bratunac Brigade; T. 7319-20, 7351-52, 7354. Under the Regulation governing the Military Police, the uniform for a military police member is described: "During the performance of their service in war and in peace, members of the military police wear the official uniform prescribed by the regulations on military garments, a white belt with a should strap, a white pistol holder and a military police badge fastened to the belt buckle." Ex. D15/1, Service Regulations of the SFRY, Armed Forces Military Police, 1985, Article 8.
1105. Krsto Simic gave further evidence that at the headquarters he saw VRS officers and MPs, none of which he recognised, Krsto Simic, T. 7320-21, 7354.
1106. Krsto Simic, T. 7322-23. According to Witness P-140 the red truck from the Sase mine was driven by Krsto Simic; the driver of a Rad Utilities Company truck was Milivoje Cvjetinovic and the driver of a yellow truck owned by the brick factory was Dragoljub Stanojevic ; Witness P-140, T. 3413-14. Dragoljub Stanojevic was a driver at the Ciglana DD Company; he drove a truck with bodies from the Kravica Warehouse to Glogova. Dragoljub Stanojevic, Ex. P213/1, p. 1-3.
1107. Krsto Simic, T. 7325-26.
1108. Krsto Simic, T. 7331.
1109. Krsto Simic, T. 7329.
1110. Krsto Simic, T. 7326; Dragoljub Stanojevic, Ex. P213/1, p 2; Rajko Djokic, T. 11893-94.
1111. Krsto Simic, T. 7331.
1112. Krsto Simic, T. 7333. Dragan Mirkovic claimed that he did not see Momir Nikolic or Ljubisa Beara at the grave site, Krsto Simic, T 7951-52 and did not notice any members of the Bratunac Brigade military police guarding any equipment there; Krsto Simic, T. 7961.
1113. Witness P-140, T. 3405, 3427 -28. Dragan Mirkovic stated that when he had told Ljubisa Beara at the SDS premises that Radenko Djurkovic would be able to use an excavator, but that he was mobilised with the Bratunac Brigade, Beara said that he would take care of it and the next day Radenko Djurkovic was at the site. Dragan Mirkovic, T. 7947-48.
1114. Witness P-140, T. 3431. Dragan Mirkovic testified that he had informed Ljubisa Beara that they could not dig the grave with the loader they had but would need an excavator. Beara replied that he would ask for one from the Zvornik Brigade. Witness P-140 did not see anyone from Zvornik operating the excavator while he was in Glogova; Witness P-140, T. 3467
1115. Witness P-140; T. 3433. There were only five or six additional bodies that were found some days later and buried in an extension of the first grave; Witness P-140, T. 3434-35.
1116. Ostoja Stanojevic, T. 5677.
1117. Rajko Djokic, T. 11885-90.
1118. Rajko Djokic, T. 11887-90.
1119. Ostoja Stanojevic, T. 5677 -80. Ostoja Stanojevic testified that the person who told him to go to Kravica was probably a worker from the Civilian Protection. Ostoja Stanojevic further testified that he did not contact Dragan Jokic. Ostoja Stanojevic, T. 5680; Rajko Djokic, T. 11891-93.
1120. Ostoja Stanojevic, T. 5682 ; Dragoljub Stanojevic, Ex.P.213/1, p. 2-3.
1121. Ostoja Stanojevic testified that the workers were wearing "blue uniforms, such as worn by people who are in civilian protection or people employed in public utilities companies"; T. 5687 After they had unloaded the bodies at the grave site, Ostoja Stanojevic went back to Kravica to transport more bodies to the grave site; Ostoja Stanojevic, referring to Ex. P669 (Diagram drawn by Witness during OTP interview letters "K" and "B" refer to road; letter "E" depicts the grave); T. 5688-91.
1122. Ostoja Stanojevic, T. 5692 -93.
1123. Ostoja Stanojevic, T. 5694. Ostoja Stanojevic also stated that Dragan Jokic could not have decided on his own to give Ostoja Stanojevic over to the Civilian Protection. Ostoja Stanojevic, T. 5693.
1124. Andere Stoelinga, KT. 2288. Andere Stoelinga also testified that the bus passed the area around noon; KT. 2305.
1125. Andere Stoelinga, KT. 2289.
1126. Andere Stoelinga, KT. 2291, 2302.
1127. A vehicle with a mechanical shovel on the front. Andere Stoelinga, KT. 2291.
1128. Andere Stoelinga, KT. 2291.
1129. Nikola Popovic, T. 11110-11. Witness P-138 testified that he knew that a military police patrol of the Bratunac Brigade went to Glogova on 19 July to secure public utilities workers, but he claimed that he would not have known what those workers were doing there. Witness P-138, T. 3576.
1130. Ex. P449,Bratunac Military Police logbook, entry for 19 July (date be inferred from the sequence of the pages ) that patrols went to secure the public utility workers in Glogov[o] sic.
1131. See infra section II. D. 1. h."
"329. [ ] A second survivor testified that as he was trying to escape, he crossed a second field about 300 metres from the field where he had been shot at that was also covered with men who had been executed.1216"
"1216. Kemal Mehmedovic, T. 1289-90. See also Witness P-130, who gave evidence that there were two sites; T. 6779."
"332. According to Witness P-130 the Engineering Company of the Zvornik Brigade arranged for heavy equipment to be brought to Orahovac and was digging the grave following instructions from Drago Nikolic.1225 The "clean-up operation" at the school was organised by Miomir Jasikovac. It was carried out from midnight until the early morning hours of 15 July. Around a dozen Bosnian Muslims had died in the sports hall and were taken to the execution site to be buried in the mass grave. On 15 July around 05:00 the last truck left from the school to the execution site.1226 Vehicle logs show that a backhoe excavator and an excavator were deployed at Orahovac "digging trenches."1227
333. Cvijetin Ristanovic, a member of the Engineering Company of the Zvornik Brigade, corroborated that the Engineering Company took part in the burials at Orahovac. He testified that on 14 July1228 Dragan Jokic, then serving as duty officer, told him and Milan Maksimovic, a truck driver in the Engineering Company, to load the excavator Ristanovic was in charge of and to take it to the school in Orahovac. Jokic did not specify what Ristanovics task was going to be.1229 This order was given to Ristanovic in the presence of Slavko Bogicevic, deputy commander of the Engineering Company.1230
334. Cvijetin Ristanovic stated that when they took the road to the school at Orahovac, he saw soldiers whom he thought belonged to the Military Police along the road.1231 They had gone on for another 500 metres to 1 kilometre on the road between Orahovac and Kirizevic when they were told to stop.1232 Cvijetin Ristanovic was then ordered by Slavko Bogicevic to dig a grave in the meadows.1233 While he was digging the grave, trucks with Bosnian Muslim men arrived several times and Cvijetin Ristanovic was interrupted by the soldiers who were carrying out the executions. He was told to turn around so that he was not facing the hole he was digging. After bursts of gunfire ended, he saw the bodies of men dressed in civilian clothes and wearing blindfolds lying near the hole he had been digging.1234 In the afternoon, Miladinovic, another machinist of the Engineering Company of the Zvornik Brigade, took over Cvijetin Ristanovics machine to continue the digging.1235 Miladinovic had been together with Dragan Obrenovic and Dragan Jevtic at Snagovo on 14 July. He was released by Dragan Obrenovic and send to Zvornik after Dragan Jevtic had conveyed the message from the operations centre that Miladinovic and another machinist, Milos Mitrovic, should be sent there.1236
335. On 15 July, Cvijetin Ristanovic was ordered to go back to Orahovac by the commander of the fortification platoon of the Zvornik Brigade, Damjan Lazarevic.1237 Damjan Lazarevic was present the entire time while Cvijetin Ristanovic was digging the grave.1238 Cvijetin Ristanovic was working at the site with members of the Civilian Protection and the public utility company from Zvornik.1239"
"1225. Witness P-130, T. 6622, 6779.
1226. Witness P-130, T. 6621.
1227. Ex. P515, Zvornik Brigade Vehicle Log for backhoe excavator, for July 1995, and Ex. P516, Zvornik Brigade Vehicle Log for Rovakopac Torpedo from Birac Holding for July 1995.
1228. Cvijetin Ristanovic believes that it was around noon, but can not be certain of that. Cvijetin Ristanovic, T. 5408.
1229. Cvijetin Ristanovic, T. 5364 -65, 5406-07.
1230. Cvijetin Ristanovic, T. 5365 ; Dragan Obrenovic, T. 2910.
1231. Cvijetin Ristanovic did not know which brigade they were from. Cvijetin Ristanovic, T. 5368-69.
1232. Cvijetin Ristanovic, T. 5369.
1233. Cvijetin Ristanovic testified that he thinks that it was Slavko Bogicevic, who gave him this order; T. 5370-71, 5408
1234. Cvijetin Ristanovic, T. 5373 -75.
1235. The other machinist was named Milovan Milodonovic. Cvijetin Ristanovic, T. 5376-77
1236. Dragan Obrenovic, T. 2498- 501. Dragan Obrenovic testified that he was informed that they were being requested to assist in the murder operation. Dragan Obrenovic, T. 2499. See also Milos Mitrovic, who testified that they were ordered to go to Standard, T. 5599-6000.
1237. Dragan Obrenovic testified that Damjan Lazarevic assumed a command position when Slavko Bogicevic, was not present, T. 2910. Minja Radovic, T. 11922-23.
1238. Cvijetin Ristanovic, T. 5382, 5387.
1239. Cvijetin Ristanovic, 5383- 84."
"340. At one point the Bosnian Muslim men were told that they would be going for "some kind of examination".1257 When they were taken out of the school to trucks, they had to take off some of their clothes and their shoes, and their hands were tied behind their backs.1258 They had to walk over many dead bodies barefooted in order to get onto the trucks . When the trucks were about to leave, the VRS soldiers started shooting at the men.1259"
"1257. Witness P-111, T. 1408.
1258. Witness P-111, T. 1409; Witness P-112 testified that he saw a pile of clothing and documents in the corridor of the school, KT. 2968-69.
1259. Witness P-111, T. 1416; Witness P-112, KT. 2969-71, 2974."
"342. Both survivors gave evidence that in the morning a loader appeared at the site and was loading the dead bodies onto a tractor.1263 Witness P-112 also saw a "caterpillar" bulldozer with a sort of blade in front.1264 Witness P-112 estimated that there were approximately 1,500 to 2,000 dead bodies on the execution field.1265"
"1263. Witness P-111, T. 1423. Witness P-112 believed the loader to be an ULT 160; KT. 2983-84.
1264. Witness P-112, KT. 2983-84.
1265. Witness P-112, KT. 2983, testifying that this estimate is based on the number of people in the school, which was about 600 per floor and on the observation of the area in daylight; KT. 3001."
"349. [ ] The killing field was covered with around 1000 dead bodies1308 when heavy machinery arrived to bury them at the site.1309"
"1308. Witness P-105, T. 1198. Draen Erdemovic estimated that around 1000 Muslim men were killed at Branjevo Military Farm. All men were dressed in civilian clothes, except for one who was wearing camouflage pants; KT. 3137-38, MT. 25122.
1309. Draen Erdemovic testified that "the Lieutenant Colonel" was present, while the Muslim men who had been brought with the last bus, were shot and said that the men would be buried at the farm, MT. 25157."
"353. On 17 July, Cvijetin Ristanovic, a member of the Engineering Company of the Zvornik Brigade, was sent by Damjan Lazarevic, commander of the fortification platoon of the Engineering Company, to Branjevo Military Farm.1321 When Cvijetin Ristanovic arrived there with his machine, an excavator, he saw bodies laying on the meadow.1322 He was told by Damjan Lazarevic to dig a hole behind the building.1323 Later a loader arrived at the site, but Cvijetin Ristanovic did not see it being used.1324 After dark Cvijetin Ristanovic returned with the excavator to the base of the Engineering Company.1325"
"1322. Cvijetin Ristanovic referring to the meadow depicted to the left of the building on Ex. P661 (drawings by Witness during OTP interview); T. 5390-93. Cvijetin Ristanovic further testified that he saw a few men in working clothes in front of the workshop of the farm and that he assumed that the men were working there; Cvijetin Ristanovic, T. 5392; See also Ex. P522, Vehicle log for a ULT 220 loader for 17 July. This vehicle log shows that a loader went to Branjevo Farm on 17 July.
1323. Cvijetin Ristanovic gave evidence that the grave had about the same size as the ones that he had dug in Orahovac. Cvijetin Ristanovic, T. 5392.
1324. Cvijetin Ristanovic referred to the loader depicted on Ex. P63 as being similar to the one he saw at Branjevo Military Farm. Cvijetin Ristanovic, T. 5394.
1325. Cvijetin Ristanovic, T. 5395 -96."
"355. [ ] There is evidence that the next day the dead bodies were loaded onto a truck and buried at Branjevo Military Farm,1335 which is about three kilometres from the Pilica Cultural Centre.1336 There are no known survivors of this massacre.1337"
"1335. Pero Petrovic, the president of the Pilica local commune, testified that he had been asked by a member of the military for the key to the Cultural Centre (he did not have, but someone else), because they wanted to detain prisoners there. Pero Petrovic then witnessed prisoners leaving buses and going towards the entrance of the hall belonging to the centre. Two days later, he saw the soldiers loading bodies onto a truck and a few days later he was told by several people that the bodies were burried at Branjevo Farm ; T. 5511-12, 5514-15, 5518-19.
1336. Jean René Ruez, T. 534.
1337. Jean René Ruez, T. 541."
"359. Damjan Lazarevic was waiting for Milos Mitrovic and Nikola Ricanovic on the road and took them along a path next to the road leading to Kozluk. Along this path, Milos Mitrovic saw the bodies of people who had been killed. Holes had already been dug in the area. Some of the smaller holes were filled with the bodies of men dressed in civilian clothes, piled one on top of another.1347
360. Damjan Lazarevic told Milos Mitrovic to put earth on top of the bodies using the excavator.1348 There were no instructions to check if anybody was still alive.1349 Milos Mitrovic had been covering the bodies with soil for about thirty minutes, when a loader arrived.1350 Milos Mitrovic testified that his excavator could not do the work he was tasked with as it was a construction machine for minor road works was working only at 30% of its normal capacity.1351 He testified that the command of the Engineering Company and the chief of engineering knew that the excavator was not in working order.1352 Rade Boskovic, who had a work obligation with the Josanica company and was not a member of the Engineering Company, brought the machine and operated it.1353 Rade Boskovic continued to cover the bodies with earth while Milos Mitrovic stopped working as there was no need for his service anymore.1354"
"1347. Milos Mitrovic, T. 5604-06, 5621-22.
1348. Milos Mitrovic, T. 5606, 5621.
1349. No one checked for identification papers or registered the victims; no bodies were put into body bags. Milos Mitrovic, T. 5635.
1350. Milos Mitrovic, T. 5606.
1351. Milos Mitrovic, T. 5608-09, 5622-23.
1352. Milos Mitrovic, T. 5609. The loader belonged to the Josanica Company, which was a quarry for stone used in road construction, but when necessary was commandeered by the Zvornik Brigade for the use of the Engineering Company. Milos Mitrovic stated that the loader had been commandeered on previous occasions; T. 5607-08, 5630-31.
1353. Milos Mitrovic, T. 5631.
1354. Milos Mitrovic, T. 5609-10."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 409, 439, 447, 453 454, 456:
"409. [ ] After the end of the massacre, a number of Bosnian Muslim men had to collect the dead bodies from the roads under the supervision of the Bosnian Serb military.1000 Between 300 and 350 bodies were loaded on trucks, almost all Bosnian Muslims, with a few Bosnian Croats.1001"
"1000. BT-32, ex. P1515, T. 5910-5912 , 6002-6004 (under seal); BT-32, T. 11852-53 (closed session).
1001. BT-32, ex. P1515, T. 5966-5968 (under seal); BT-32, T. 11864 (closed session)."
"439. A Bosnian Croat soldier from the HVO was taken to the camp's isolation cell, from where the other inmates could hear his screams and the sound of beatings. Then a shot was fired, following which everything was silent. Detainees were ordered to wrap his dead body in a blanket.1137"
"1137. BT-36, T. 11066 (closed session )."
"447. A yellow truck frequently came by to take away the dead bodies. The vehicle returned empty after about 30-45 minutes.1160 Detainees were often ordered to help with the loading. Some of the bodies had been mutilated.1161"
"1160. Muharem Murselovic, ex. P1542 , T. 2766-2768.
1161. BT-27, ex. P1529, T. 4307-4308 (under seal)."
"453. When the camp in Omarska was closed down, detainees from that camp were transferred to Manjaca camp.1178 One transport of prisoners took place on 6 August 1992. The journey lasted the whole day. After arrival at Manjaca camp, detainees were made to spend the entire night in the locked bus.1179 The Trial Chamber finds that during the night, three men were called out from the bus by the Bosnian Serb policemen accompanying the transport. On the next day, the dead bodies of these three men were seen.1180
454. The Trial Chamber is satisfied that on 5 August 1992, detainees from the Keratem and Omarska camps were put on buses which headed towards Sanski Most.1182 On the way, unidentified Bosnian Serbs shot dead a number of them. Some of their bodies have been found in an area called Hrastova Glavica.1183"
"1178. BT-36, T. 11062 (closed session ).
1179. BT-36, T. 11063 (closed session ); Muharem Murselovic, T. 12607.
1180. Muharem Murselovic, T. 12606 -12607; BT-42, ex. P564, T. 1839 (under seal).
1182. BT-37, ex. P555, T. 2523, 2527 (under seal).
1183. Adil Draganovic, T. 5606; Nicolas Sébire, T. 17410-17411 ; ex. 2006.2, "Exhumations and Proof of Death, Municipality of Prijedor, Nicolas Sébire, 28 August 2002", 01843990-01843992."
"456. The next morning, dead bodies were piled outside room 3, and the entire area was covered with blood.1190 A truck arrived to carry away the bodies. When the truck left, blood could be seen dripping from it. Finally, a fire engine cleaned room 3 and the surrounding area from the traces of the massacre.1191 The exact number of those who died at room 3 has not been, and probably will never be established. Bearing this in mind, the Trial Chamber finds that, on the basis of the number of persons detained in room 3, at a minimum, 190 persons were killed."
"1190. BT-37, ex. P555, T. 2517 (under seal).
1191. Jusuf Arifagic, ex. P554, T . 7099."
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 367, 404:
367. [ ] The Witness explained that the attacker asked to see her ID and then told her to show it to the other men. The other men looked at it and said that the she was going to die. They slashed her breast and her head until she was unconscious. She awakened at 5:00pm outside the classroom on top of dead bodies.
404. [ ]When she finally returned home around 6:00pm that evening, she found many dead bodies and a few survivors. The bodies she saw remained in the courtyard of the Church for two days. She testified to hearing that the Pastor had informed the bourgmestre about the bodies and the bourgmestre to buy beers for local people who help to bury the bodies.
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 541, 562, 589:
"541. [ ] The Witness testified that people living in the neighbourhood buried the bodies of the Tutsis who had been killed, but the Witness was not present for the burials.722"
"722. T. 18 November 2002, pp. 59-60 (RGM)."
"562. [ ]The Witness estimated that more than three hundred people were killed at the Convent. Although he was not present at the massacre, the Witness helped to bury approximately 300 bodies on the following day of 8 April 1994.739"
"739. T. 24 July 2001, pp. 49-50 and124 (GAO)."
"589. [ ] Afterwards, the Witness and his companions returned to the massacre site. The situation had calmed down and the Witness entered the courtyard inside the Convent through the gate. From there, the Witness saw that corpses littered the courtyard, including the bodies of small children. The Witness identified that some of the corpses were Tutsis. [ ]"
Prosecutor v Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 205, 207, 209, 212, 221, 226, 254, 259, 261, 264, 267 268, 271:
"205. That night, bursts of shooting and moans could be heard coming from Room 3.415 A man in Room 1 was wounded by a stray bullet.416 A machine gun started firing. The next morning there was blood on the walls in Room 3. There were piles of bodies and wounded people.417 The guards opened the door and said: "Look at these foolish balijas they have killed each other".418 Some of the detainees saw bodies laid out on the grass outside Room 3,419 and the area outside Room 3 was covered with blood.420 A truck arrived and one man from Room 1 volunteered to assist with loading the bodies onto the truck.421 Soon after, the truck with all the bodies left the compound. The volunteer from Room 1 reported that there were 128 dead bodies on the truck.422 As the truck left, blood could be seen dripping from it.423 Later that day, a fire engine arrived to clean Room 3 and the surrounding area.424"
"415. Witness B, T. 2238-39; Jusuf Arifagic, T. 7098; Witness Y, 92 bis transcript in Sikirica,KT. 1431 and Witness K, Statement, 18 August 2000, paras 36-37.
416. Witness B, T. 2239.
417. Witness E, 92 bis testimony in Sikirica, T. 2502 and T. 2510-17.
418. Witness Q, T. 3973.
419. Witness B, T. 2239-40, Jusuf Arifagic, T. 7098-99; Witness Y, 92 bis testimony in Sikirica, T. 1431 and Witness K, Statement, 18 August 2000,paras 36-37.
420. Jusuf Arifagic, T. 7098.
421. Witness B, T. 2239-40.
422. Witness B, T. 2240. Witness Y estimated that there were between 200 and 300 bodies on the truck. Witness Y, 92 bis testimony in Sikirica, T. 1432.
423. Jusuf Arifagic, T. 7099.
424. Jusuf Arifagic, T. 7099; Witness Y, 92 bis testimony in Sikirica, T. 1431."
"207. One witness reported about 42 or 43 shots, cries, shootings, and bodies found the next morning in front of Room 3 and loaded later on a Zastava 640.425 Based on this evidence, the Trial Chamber is satisfied beyond all reasonable doubt that there was a second massacre in Room 3 the following day, though is not able to assess the exact number of victims."
"425. Jusuf Arifagic, T. 7100; Witness Y, 92 bis testimony in Sikirica, T. 1434."
"209. Around 200 people from Hambarine arrived in the Omarska camp sometime in July 1992. They were initially accommodated in the structure known as the "White House". Early in the morning, around 01:00 or 02:00 on 17 July 1992, gunshots were heard that continued until dawn. Dead bodies were seen in front of the White House. The camp guards, one of whom was recognised as Zivko Marmat, were shooting rounds into the bodies. "Everyone was given an extra bullet that was shot in their heads ". The bodies were then loaded onto a truck and taken away.426 There were about 180 bodies in total.427"
"426. Witness P, T. 3359-61.
427. Witness P, T. 3362; Witness H, 92 bis testimony in Sikirica, T. 2279."
"212. The corpses of some of those taken away on the buses were later found in Hrastova Glavica and identified.435 A large number of bodies, 126,436 were found in this area, which is about 30 kilometres away from Prijedor."
"435. Witness E, 92 bis transcript in Sikirica, T. 2527.
436. Nicolas Sebire, T. 7361; see also Witness B, T. 2246."
"221. In the afternoons a yellow truck stopped by the White House to pick up, on average, between 6 and 13 bodies. The truck would return empty within five minutes.527 Both Cedo Vuleta and Branko Rosic, who worked at the Omarska mines complex during the time it was being used as a camp, testified they saw dead bodies at the camp.528"
"527. Muharem Murselovic, T. 2766- 67; Dr. Beglerbegovic, T. 4120.
528. Branko Rosic, T. 12662; Cedo Vuleta, T. 11579-81."
"226. A detainee of the Trnopolje camp543 was on several occasions ordered to bury bodies from the camp. He recognised the bodies of Meula Idrizvic, Sadik Idrizvic, Munib Hodzic, Samir Elezovic, Ante Mrgolja and his son Goran or Zoran and the Foric brothers.544"
"543. Mustafa Mujkanovic, 92 bis transcript in Tadic,T. 3172.
544. Mustafa Mujkanovic,92 bis transcript in Tadic, T. 3184-87. In relation to the Foric brothers, Witness U, T. 6253-54."
"254. Dr. Idriz Merdzanic spoke with the commander of the camp, Slobodan Kuruzovic, about collecting and burying the bodies. When granted permission, Fatima Sahoric and six others drove to Kamicani, where the house was located. They were accompanied by soldiers. All of the dead were Muslims and Fatima Sahoric was able to identify the following individuals from among them: Dzamila Mujkanovic and her brother, Mehmed Sahoric, Lutvija Foric and her son, Tofik, Serifa Sahoric and Jusuf.609"
"609. Witness U, T. 6239-44; Idriz Merdzanic, T. 7739."
"259. On 23 July 1992, Witness S and about ten other Muslims were ordered to assist in the collection of the dead bodies in the area of the Biscani local commune. This was organized by two Serb soldiers, Ranko Dosen and Slavko Petrovic, who arrived in Cemernica in the morning with two trucks for the task.623 These two soldiers and the others who accompanied them were armed and dressed in camouflage uniforms.624 Witness S described the route they took in the truck and where they picked up the dead bodies.625 They were given no equipment (such as gloves or masks) to deal with the bodies and the stench of the decomposing bodies was unbearable. Instead they wrapped the bodies in blankets, some of which bore the brand name "Ambassador".626 Witness S told the Trial Chamber about the numbers of bodies and the places where they retrieved the bodies, and was able to identify a number of individuals among the dead.627 The trucks were loaded with bodies and would take turns to be unloaded. Neither Witness S nor any of the other Muslims accompanied the trucks to their final destination.628"
"623. Witness S, T. 5910-5912.
624. Witness S, T. 5913-5914 .
625. See Exh. S211/S.
626. Witness S, T. 5917-5919.
627. Witness S, T. 5922-5952. See also List of Victims known by name.
628. Witness S, T. 5934 .
261. The following day, Witness S was again called upon to assist in the collection of bodies. He worked this time with a different group of people, new trucks and new drivers.631 He estimated that, in total, over the two-day period, he and others collected between 300 and 350 bodies.632 All of the victims were Muslims living in the territory of the Biscani local commune. None of them were wearing uniform, nor did they appear to have been armed at the time of death.633 Witness S submitted a final list of 37 individuals from Biscani whom he identified and who were killed around 20 July 1992.634"
"631. Witness S, T. 5959-60.
632. Witness S, T. 5966.
633. Witness S, T. 5966-68. .
634. Witness S, T. 5969-70 and Exh. S212."
"264. Ivo Atlija also testified about the bodies of victims of the attacks in the commune of Biscani that he was able to identify. In Dimaci he found the burnt bodies of three persons he knew. In Mlinari, many of the victims had been killed with spades and picks; he recognized eight persons. In Buzici, among the bodies found, Ivo. Atlija recognised two. In Jezerce, he identified the bodies of three persons. In Cengije he found four bodies he could identify. He was told by eyewitnesses that a woman had been raped and two of the others had been tortured before they were killed. In Mustanica, Ivo Atlija buried his father who had three gunshot wounds in his back, and saw two more identifiable bodies. Near the Catholic church, he found another neighbours body, whose throat had been slit. In Ivandici, one entire family had been killed by gunshot wounds. On the Raljas hill, the bodies of two teenagers had been buried.642 In an area known as "Redak", Ivo Atlija found up to 200 bodies partly buried in a ditch by the side of the road.643"
"642. Ivo Atlija, T. 5603-11.
643. Ivo Atlija, T. 5611 and T. 5614."
"267. On 23 July 1992 the village of Carakovo was attacked. From a neighbouring field , a witness stated: "I did hear the shooting, and I heard the tanks, and I heard the screams of the women and children. I heard them crying. And then I saw the houses that were burning straight away".648 Several people were killed.649 She later helped the relatives bury the bodies.
268. In late July, Witness V took Besim Music to the hospital she had been beaten by Serb soldiers and shot in the head. Besim Musics husband, Badema, was also killed along with Ramiz Rekic. Witness V saw Nasif Dizdarevic being buried by his own son.650"
"648. Witness V, T. 5727-29.
649. Witness V, T. 5730-38.
650. Witness V, T. 5741-42."
"271. [ ] Later, detainees were forced to assist in removing the bodies of the dead. There were between 10 and 15 bodies on the bus.657 Nermin Karagic testified that he was ordered to embark on an Autotransport Prijedor bus and they left the stadium. He recalled that, although he could not be sure, at the time he thought that one of the bodies he loaded into the bus (one that had been decapitated) was the body of his father, as he was of the same build and was wearing a similar pullover.658"
"657. Nermin Karagic, T. 5235-37.
658. Nermin Karagic, T. 5238-41."
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003, paras. 113, 141:
"113. [ ] He said that there were so many refugees killed that day that he would compare them to "leaves which were falling from trees". Some survivors recognized their kith and kin amongst the dead bodies and buried them in shallow graves; however, other dead bodies were eaten by wild animals and dogs on the hill. As for the method of attack, the witness stated that the attackers would shoot at the refugees first, then the attackers armed with clubs and machetes would finish them off. The Accused was in the front row of attackers with about 20 other people."
"141. [ ] There were many bodies strewn everywhere around Muyira and Kagari, and all over the hills.[129]
"[129] T. 26 Aug. 2002, p. 28."
Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, paras. 173, 191, 220:
"173. The witness testified that she saw "everything" because she was covered with dead bodies.[291] The witness explained that when the assailants came to load the dead bodies in vehicles, they noticed that she was not yet dead; they struck her head with a hammer and undressed her.[292] Later, they threw her in a pit full of dead bodies, from which she subsequently escaped.[293]"
"[291] T. 7 March 2001 p. 85.
[292] T. 7 March 2001 p. 85.
[293] T. 7 March 2001 p. 85."
"191. Defence Witness TDB [ ] explained that he saw gendarmes, policemen, people in "combat" gear, and about 100 dead bodies, including those of two gendarmes.[371]"
"[371] T. 4 October 2001 pp. 58, 59, 63."
"220. [ ] The attack continued until about 5 p.m. and the assailants killed many people so that "the whole hill was full of corpses."[421] [ ]"
"[421] T. 4 December 2000 p. 71."
"623. Witness SS testified that one day in June 1994, towards dawn, he went to hide in bushes near Mubuga School after having slept at the school premises. Later, before 10.30 a.m., he saw between 20 and 60 attackers approach the school on foot. He did not see any vehicles and did not know how the attackers had arrived. According to the witness, Gérard Ntakirutimana was in front of the attackers and carried a weapon, which he described as a "long gun". He saw the Accused shoot at Tutsi refugees within the school from the door of the classroom, and at some others trying to flee through the school windows. The witness then saw him pursue refugees who were trying to flee from the school. After the attackers departure, Witness SS returned to find "many dead bodies, stacked one on top of the other" both inside and outside the school buildings. [963]"
"[963] T. 30 October 2001 pp. 139-146; T. 31 October 2001 pp. 76-86 and 92."
Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, paras. 414, 456, 486:
"414. Witness R stated that he stayed hidden until the departure of the attackers, including Musema, at which point he went to Muyira hill to find the bodies of his family. He found the cadavers of his wife, child, mother and older brothers, amongst the many bodies which covered Muyira hill. All the dead were Tutsis and all were civilians."
"456. [ ] The witness added that the hills were strewn with bodies of those who had died the day before."
"486. [ ] Once the attackers had left, said the witness, she went with others to the entrance of the cave where she saw many bodies. She then fled."
Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, para. 181:
"181. [ ] On the way to the hospital he saw Interahamwe who were armed and bodies of people who had just been killed. He also saw two roadblocks, manned by soldiers and Interahamwe, with dead bodies lying nearby. He avoided these roadblocks for fear of being killed. At the hospital, Witness M saw many refugees and many dead bodies, three of which he recognized as Minister Zamubarumbao Fredrick and his daughter, and councillor Ngango Felistian. [ ]"
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 335 336, 356, 381, 389:
"335 [ ]Witnesses A, B, C, D and F saw substantial numbers of dead bodies after the attack. Witness O, a local Hutu who had recorded this massacre as an entry in his personal diary, testified that he had participated in burying the dead bodies. Witness E testified that one week after the massacre at the Church, he saw prisoners come to collect bodies for burial. They spent five days burying the dead. Witness G, a Hutu, who had assisted in burying the dead, testified that at the Catholic Church, there were bodies along the road from the Prefecture, in front of the main door to the Church, inside the Church, in front of the Fathers residence and also inside the Priests house. [ ]
336. [ ] Witness G saw around 200 to 300 Tutsi corpses scattered in front, behind, in the cellar, on upper floors and around the Home St. Jean buildings. [ ]"
"356. [ ] Witness G, a local Hutu, who helped to bury bodies found in and near the Stadium, stated that dead bodies covered the entire ground of the Stadium and that bodies were buried using machinery over five days. [ ]"
"381. The allegation that this appalling event occurred at Mubuga Church is not in dispute. In fact, an assortment of witnesses, including various eyewitnesses, Sister Julie Ann Farrington, Defence witness DP, and Kayishema, confirmed that after the massacre, corpses and/or human remains were found inside and/or in the immediate vicinity of Mubuga Church. Witnesses who visited this site shortly after the massacre remarked that the decomposing bodies caused a strong stench in the area. [ ]"
"389. [ ] After most people in the Church had been killed, witness OO, who hid under the corpses of fallen Tutsis, stated that he heard the Prefect telling the local authorities "to come and collect the Caterpillar [bulldozer] to bury the dead."[83]"
"[83] Trans., p. 39, 20 Nov. 1997. The Trial Chamber notes that the witness claimed this conversation took place after the massacres, on 17 April, a date that was not corroborated by other witnesses."
[B. Evidentiary comment:]
P.4.2. Evidence identifying bodies that had been exhumed.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, para. 295:
"295. In September 1995, the witness found a mass grave next to the road in Cerska Valley1057 which suggests that men were shot in the valley and just covered with soil on the spot."
"1057. Witness P-109, KT. 2751-53."
Prosecutor v Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 212, 263, 274:
"212. The corpses of some of those taken away on the buses were later found in Hrastova Glavica and identified.435 A large number of bodies, 126,436 were found in this area, which is about 30 kilometres away from Prijedor."
"435. Witness E, 92 bis transcript in Sikirica, T. 2527.
436. Nicolas Sebire, T. 7361; see also Witness B, T. 2246."
"263. Witness I testified that she was involved in a volunteer organisation and assisted in exhumations. She identified 22 people who were killed in Biscani on 20 July 1992.641"
"461. Nusret Sivac, T. 6680."
"274 [ ] Karagic informed the Trial Chamber that a year and a half later he returned to the site in order to identify some of the bodies that had been exhumed. He was able to identify his fathers body and a DNA test later confirmed that identification.664"
"664. Nermin Karagic, T. 5247-50."
[B. Evidentiary comment:]
P.4.3. Forensic evidence relating to bodies later exhumed.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 295, 312 314, 336, 346, 354, 356, 362:
"295. [ ] There is forensic evidence from the exhumation of the human remains in Cerska Valley, which establishes that the grave contained at least 150 male individuals, of whom 147 were dressed in civilian clothes. The cause of death of 149 men was gunshot wounds.1058 Many of the victims wrists had been bound behind their backs with wire bindings.1059 Investigation into the cartridges discovered at the grave site revealed that the cartridges found in the grave itself matched with those found along the road at the gravesite, indicating that the victims in the grave were shot at the gravesite.1060 The bodies of the victims were located in an incline along the roadside. The bodies had been covered by transferring earth removed from the roadside opposite to the burial site, using earthmoving equipment.1061"
"1058. Ex. P740 (Report on the Examination of Human Remains from Eastern Bosnia in 2000 by Jose Baraybar), p. 5. According to Ex. P740, 24 victims were aged between 13 and 24 years, while 126 victims were older than 24 years. Id. Ex. P751, Expert Report of William Haglund, forensic investigation of the Cerska grave site (Report of William Haglund, 15 June 1998), p. vii-ix. According to Ex. P751 there was also evidence of affiliation with the Muslim religion found on nine individuals. A quarter of the witnesses were ligatured. Id. See also William Haglund, KT. 3733.
1059. Ex. P751, Report of William Haglund, 15 June 1998, p. 28.
1060. Ex. P751, Report of William Haglund, 15 June 1998, p. 10.
1061. Ex. P751, Report of William Haglund, 15 June 1998, p. 28."
"312. Forensic evidence corroborates the survivors account of mass executions at the Kravica Warehouse. It shows that two primary graves in Glogova1132 contained the bodies of victims that had been injured as a result of an explosive blast in the form of grenades and shrapnel.1133 Investigations into debris found in the grave led to the conclusion that these victims had been killed at the Kravica Warehouse.1134 Documents containing the names of men listed as missing by the ICRC were found in one of the graves.1135 Using aerial imagery, forensic expert Richard Wright determined that the graves at Glogova had been disturbed and excavated somewhere between 27 July and 30 October 1995.1136 A total of 191 bodies were found in several graves named Glogova 1, of which at least 172 victims appeared to have been killed in the Kravica Warehouse.1137 The Glogova 2 grave site contained at least 110 bodies showed sings of charring, as did some of the clothing that was found.1138 The forensic anthropologist John Clark determined that all 126 victims of the Glogova 2 had been male and that the men were relatively young, with 67% of the victims younger then 50 and 32% younger then 25 years old.1139 At least 98 victims from the Glogova 2 grave site died as a result of gunshot wounds.1140
313. Aerial imagery of the area around Glogova shows that sometime between 17 and 27 July the surface in a location, later identified as Glogova L, which is part of the Glogova 1 grave, was disturbed.1141 Richard Wright headed the forensic investigation into the Glogova grave site in the year 2000.1142 The forensic investigators found the bodies of 12 men in grave Glogova L.1143 Evidence gathered at the scene shows that these 12 men have been shot in that location and were not victims of the Kravica Warehouse killings.1144 The victims in Glogova L had been tied together in pairs and were shot.1145
314. The graves at the Glogova site contained a total of 317 individuals executed in the Kravica Warehouse.1146 Evidence was found that bodies from the Glogova burial site were moved to Zeleni Jadar.1147"
"1133. Ex. P773, Report by Richard Wright, 2001, p. 16; Ex. P739, Report by Jose Baraybar, p. 33; Ex. P741, Report by Jose Baraybar, p. 20; Ex. P553, Report by Dean Manning, 2001, p. 3, stating that of the 191 individuals that were found at Glogova 1 grave site, 48 had died as a result of blast injury, while 119 had died of gun shot injuries, one died as a result of blunt force trauma and 8 died as a result of both blast injuries and gun shot injuries. The cause of death for the remainder of the victims could not be determined.
1134. Ex. P773, Report by Richard Wright, 2001, p. 17. Among the debris found were pieces of concrete painted in the same color as the Kravica Warehouse, pieces of a metal door frame and metal panels for covering a door. For a comparison of this debris with the Kravica Warehouse, see Ex. P561, Report by Michael J. Hedley, pp 19-20. Hedley concluded that there exists substantial evidence that the men who were killed in the Kravica Warehouse in July 1995 were among the same men whose remains were recovered at the Glogova 1 grave.
1135. Ex. P739, Report by Jose Baraybar, p. 35.
1136. Ex. P773, Report by Richard Wright, 2001, pp 19-21.
1137. Ex. P773, Report by Richard Wright, 2001, p. l5-16. Twelve victims who had been tied together in pairs were found in a separate grave. See also Ex. P746, Report of John Clark, 1999, pp 20-24. Ex. P746 reflects that at least 147 of the individuals buried in Glogova 1 had been executed at the Kravica Warehouse; See also Ex. P555, Map indicating Srebrenica mass graves, primary and secondary graves.
1138. Ex. P741, Report by Jose Baraybar, p. 4.
1139. Ex. P748, Report by John Clark, 2003, p. 19.
1140. Ex. P748, Report by John Clark, 2003, p. 20.
1141. Ex. P11.3, aerial photograph of the Glogova area, 17 July 1995; Ex. P773, Richard Wright report, 2001, pp 20- 21.
1142. Ex. P773, Report by Richard Wright, 2001, p. 3.
1143. Ex. P773, Report by Richard Wright, 2001 p. 15.
1144. Ex. P773, Report by Richard Wright, 2001, p. 15. The victims found in the other graves showed signs of being exposed to explosive devices in the form of grenades and shrapnel. The victims found in Glogova L did not show signs of blast injury. See also Ex. P561, Report by Michael Hedley, p. 18, stating that there were no traces in Glogova L associated with the Kravica Warehouse.
1145. Ex. P.773, Report by Richard Wright, 2001, p. 16; Ex. P747, Report by John Clark, pp 21-22.
1146. Ex. P748, Report of John Clark, 2001, p. 22. Ex. P748 reflects that most of the individuals were male; that 69 % died from gunshot injuries and 14% from blast injuries; See also Ex. P555, Map indicating Srebrenica mass graves, primary and secondary graves
1147. Ex. P739, Report by Jose Baraybar, p. 6. This was established through pollen analysis; Ex. P741, Report by Jose Baraybar on Glogova 2, p. 18, 20, indicating that the graves at Glogova 2 had been "robbed " and the remains were moved to Zeleni Jadar."
"336. The witness testimonies are corroborated by forensic evidence of two primary graves at Laete, next to Orahovac, and secondary graves along the Hodici Road. The investigation of the geographic composition of the surrounding area showed that bodies in graves at Hodici Road came from the primary grave site at Laete.1240 During the exhumations 294 individuals were recovered from the primary mass graves, who were all wearing civilian clothes and most of whom were blindfolded and died through gunshots.1241 All individuals were male with ages ranging from 13 to 85.1242 Evidence of affiliation with the Muslim religion was found on 12 individuals.1243 The secondary graves at Hodici Road contained 178 bodies, of which all were wearing civilian clothes and the majority was male.1244 Most of them had blindfolds and died from gunshots.1245"
"1240. Ex. P740, Report by Jose Baraybar, pp 8, 10; Ex. P771, Report by Richard Wright, 1999, pp 22, 23.
1241. Ex. P752, Report of William Haglund, forensic investigation of the Laete 2 grave site, p. ix-x; Ex P747, ICTY operations in Bosnia-Herzegovina 2000 season, report of chief pathologist John Clark, Srebrenica graves, p.7-13; Ex. P769, Fredy Peccerelli, excavation and exhumation report on Laete 1, Bosnia-Herzegovina, pp 2, 3.
1242. Ex. P747, ICTY operations in Bosnia-Herzegovina 2000 season, report of chief pathologist John Clark, Srebrenica graves, p. 16; Ex. P752, Report of William Haglund, forensic investigation of the Laete 2 grave site, p. x.
1243. Ex. P752, Report of William Haglund, forensic investigation of the Laete 2 grave site, p. ix-x.
1244. Ex. P771 (Report by Richard Wright, 1999, pp 27, 32; Ex. P738 (Report by Jose Baraybar, p. 11; Ex. P740 (Report by Jose Baraybar, pp 8-11).
1245. Ex. P762 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodici Road site 3, October 1998), p. 2-3; Ex. P763 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodici Road site 4, October 1998), p. 2-3; Ex. P764 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodici Road site 5, October 1998), p.2-3. Ex. P555"
"346. There is forensic evidence of a grave site at Petkovci Dam where at least 46 individuals were found. Most of the individuals died from gunshots and all of the bodies of which sex could be determined were male.1279 Approximately 14 kilometres from the Dam, a secondary grave was discovered, which contained bodies that were first buried at the Dam.1280 According to one report there were 192 bodies, all dressed in civilian clothes.1281 Another forensic expert, Jose Baraybar, calculated the minimum number of individuals found in the secondary grave to have been 219 victims.1282 Of those victims, one was determined to have been between 8 and 12 years old, 38 were determined to have been between 13 and 24 years old and 180 were determined to have been older than 25 years old.1283"
"1280. Ex. P771, Report by Richard Wright,1999, pp 20, 25. The site of the secondary grave is called Liplje 2. See also Ex. P766 (Expert Report of Christopher Lawrence on autopsies of human remains from Liplje site 2, October 1998, p. 2-3. Ex P555.
1281. Ex. P771, Report by Richard Wright, 1999, pp. 27, 32.
1282. Ex. P738, Report by Jose Baraybar, p. 4; Ex. P740, Report by Jose Baraybar, p. 5.
1283. Ex. P738, Report by Jose Baraybar, p. 12."
"354. There is forensic evidence that at least 132 male individuals, all wearing civilian clothes, were buried in a large cultivated field approximately 130 metres north from Branjevo Military Farm. Ligatures were recovered from 82 individuals and evidence of affiliation with the Muslim religion was found on five individuals.1326 In a secondary grave along the Cancari road, the remains of people initially buried at the Branjevo Farm were discovered.1327 According to one report 177 victims were found in the grave along the Cancari Road who all wore civilian clothes.1328 Another forensic expert calculated that the minimum number of individuals found in the secondary grave was 283 victims.1329 Of those victims, three were determined to have been between 8 and 12 years old, 49 were determined to have been between 13 and 24 years old and 231 were determined to have been older then 24.1330 At least 269 victims were male.1331"
"1326. Ex. P754 (Expert Report of William Haglund, forensic investigation of the Pilica (Branjevo Farm) grave site ).
1327. Ex. P771, Report by Richard Wright, 1999, p. 20-21. This gravesite is called Zancari Road 12.
1328. Ex. P.771, Report by Richard Wright, 1999, pp 27, 32.
1329. Ex. P738, Report by Jose Baraybar, p. 4.
1330. Ex. P740, Report by Jose Baraybar, p. 5.
1331. Ex. P738, Report by Jose Baraybar, p.11."
"356. There is forensic evidence that corroborates the killings. A DNA analysis of blood and tissue samples collected at the Pilica Cultural Centre identified the samples as being of human origin.1338 [ ]"
"1338. Ex. P565 (Report of Investigation at the Kravica Warehouse and the Pilica Dom by Mickael Maloney and Mickael Brown ), p. 1; Ex. P563 (Report on blood and tissue found at Grbavic School, Kravica Warehouse and Pilica Dom from samples taken by the US Navy Intelligence Service), p. 5-11."
"362. Forensic investigators discovered two secondary graves along the Cancari Road, which contained broken bottles and unused labels with the name of a bottling factory in Kozluk.1357 Further investigation confirmed that the bodies in the graves along the Cancari Road came from the primary graves in Kozluk.1358 When investigating the area surrounding the bottling factory in Kozluk, the forensic investigators found evidence of three primary graves, which still contained human remains and clothes.1359 The victims in the primary graves had been executed at that location.1360 All victims that were found in the primary and secondary graves wore civilian clothing.1361 Forensic experts have calculated that the minimum number of individuals related to the executions in Kozluk is between 451 and 506 persons,1362 Of whom two were determined to have been between 8 and 12 years old, 47 were determined to have been between 13 and 24 years old and 457 were determined to have been older then 24 years.1363 One victim was found still clutching a piece of shrubbery. Subsequent investigation of plant specimens found in the graves proved that the executions of the victims occurred around the middle of July.1364"
"1357. Ex. P771, Report by Richard Wright, 1999, p. 21. This gravesite is called Zancari Road 03.
1358. Ex. P771, Report by Richard Wright, 1999, p. 21; Ex. P743 (Expert Report of Anthony G. Brown), p. 10.
1359. Ex. P772, Report by Richard Wright, 2000, p. 10. Kozluk 1 contained three bodies that appeared to have been left behind after Kozluk 2 had been excavated.
1360. Ex. P772, Report by Richard Wright, 2000, p. 10-11. The positioning of the bodies and the location of the bullets showed that this was an execution site. See also Ex. P746 (ICTY operations in Bosnia-Herzegovina 1999 season, report of chief pathologist John Clark, Srebrenica graves), p. 6-12, saying that most of the victims died from gunshots and many of them had blindfolds and ligatures.
1361. Ex. P771, Report by Richard Wright, 2000, pp. 27, 32
1362. Ex. P772, Report by Richard Wright, 2000, pp. 12-13.
1363. Ex. P738, Report by Jose Baraybar, p. 12; Ex. P740, Report by Jose Baraybar, p. 5.
1364. Ex. P772, Report by Richard Wright, 2000, p. 14; Ex. P738, Report by Jose Baraybar, p. 4."
Prosecutor v Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 210, 212:
"210. [ ] During the exhumation in Jama Lisac, 56 bodies were found. Most of them died from gunshot injuries. DNA analysis allowed the investigators to identify the bodies of Sureta Medunjanin, the wife of Becir Medunjanin, and Ekrem Alic and Smail Alic, who were both last seen in Omarska.429"
"429. Nicolas Sebire, T. 7370-71."
"212. The corpses of some of those taken away on the buses were later found in Hrastova Glavica and identified.435 A large number of bodies, 126,436 were found in this area, which is about 30 kilometres away from Prijedor. In 121 of the cases , the forensic experts determined that the cause of death was gunshot wounds.437"
435. Witness E, 92 bis transcript in Sikirica, T. 2527.
436. Nicolas Sebire, T. 7361; see also Witness B, T. 2246.
437. Nicolas Sebire, T. 7361-62.
Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, paras. 71 79:
71. The extensive forensic evidence presented by the Prosecution strongly corroborates important aspects of the testimony of survivors from the various execution sites. Commencing in 1996, the Office of the Prosecutor (hereafter "OTP") conducted exhumations of 21 gravesites associated with the take-over of Srebrenica: four in 1996 (at Cerska, Nova Kasaba, Orahovac (also known as Lazete 2) and Branjevo Military Farm (Pilica)); eight in 1998 (Petkovci Dam, Cancari Road 12, Cancari Road 3, Hodzici Road 3, Hodzici Road 4, Hodzici Road 5, Lipje 2, Zeleni Jadar 5); five in 1999 ( Kozluk, Nova Kasaba, Konjevic Polje 1, Konjevic Polje 2, and Glogova 2); 134 and four in 2000 (Lazete 1, Lazete 2C,135 Ravnice and Glogova 1). Of the 21 gravesites exhumed, 14 were primary gravesites , where bodies had been put directly after the individuals were killed. Of these , eight were subsequently disturbed and bodies were removed and reburied elsewhere , often in secondary gravesites located in more remote regions.136 Seven of the exhumed gravesites were secondary burial sites.137 The OTP retained ballistics, soil analysis and materials analysis, experts to comparatively examine materials and residues found in the primary and secondary gravesites.138 As a result of these analyses, links were discovered between certain primary gravesites and certain secondary gravesites and these are considered in further detail below.
72. The Prosecution called eight witnesses to give evidence before the Trial Chamber about the exhumations and the resulting forensic findings.139 In addition, the Trial Chamber received volumes of written reports prepared by the experts who conducted the OTP investigations. In response, the Defence filed two reports by a forensic expert, Dr. Zoran Stankovic.140
73. The forensic evidence supports the Prosecutions claim that, following the take-over of Srebrenica, thousands of Bosnian Muslim men were summarily executed and consigned to mass graves. Although forensic experts were not able to conclude with certainty how many bodies were in the mass-graves, due to the level of decomposition that had occurred and the fact that many bodies were mutilated in the process of being moved from primary to secondary graves by mechanical equipment, the experts were able to conservatively estimate that a minimum of 2,028 separate bodies were exhumed from the mass-graves.141
74. Identity documents and belongings, found in most of the exhumed graves, suggest that the victims were linked with Srebrenica. Among the items found were license cards and other papers with references to Srebrenica.142 In some cases, investigators were able to positively identify bodies in the graves as former Srebrenica residents on the basis of distinctive personal items found with the bodies such as jewellery,143 artificial limbs144 and photographs .145 Other artefacts found at the majority of the gravesites, such as verses from the Koran, suggest the presence of victims with Muslim religious affiliation.146 It is also of note that the sex distribution of the persons listed as missing from Srebrenica, on the International Committee of the Red Cross (ICRC) list (cross-referenced with other sources), correlates with the sex distribution of the bodies exhumed from the graves.147 Professor Helge Brunborg, a Prosecution demographics expert, testified that the overwhelming majority of people registered as missing from Srebrenica are men.148 The forensic examinations of the gravesites associated with Srebrenica reveal that only one of the 1,843 bodies for which sex could be determined was female.149 Similarly, there is a correlation between the age distribution of persons listed as missing and the bodies exhumed from the Srebrenica graves: 26.4 percent of persons listed as missing were between 13-24 years and 17.5 percent of bodies exhumed fell within this age group; 73.6 percent of persons listed as missing were over 25 years of age and 82.8 percent of bodies exhumed fell within this age group.150
75. The results of the forensic investigations suggest that the majority of bodies exhumed were not killed in combat; they were killed in mass executions. Investigators discovered at least 448 blindfolds on or with the bodies uncovered during the exhumations at ten separate sites.151 At least 423 ligatures were located during exhumations at 13 separate sites.152 Some of the ligatures were made of cloth and string, but predominately they were made of wire.153 These ligatures and blindfolds are inconsistent with combat casualties. The Prosecution also relied on forensic evidence that the overwhelming majority of victims located in the graves , for who a cause of death could be determined, were killed by gunshot wounds.154 The exhumations also revealed that some of the victims were severely handicapped and, for that reason, unlikely to have been combatants.155
76. Upon reviewing the Prosecutions forensic evidence, the Defence forensic expert, Dr. Zoran Stankovic, argued that "some mass graves originated from the bodies of the persons who lost their lives in mutual armed conflicts of the warring sides , and that in some graves, where the cases of sure execution were registered, there were also bodies killed in combat ".156 He particularly criticised the methodology employed during some of the Prosecutions forensic investigations into cause of death.157 Certainly, at those sites where no blindfolds or ligatures were found during exhumations , the evidence that the victims were not killed in combat was less compelling.158 Significantly, some of the gravesites located in the Nova Kasaba and Konjevic Polje area, where intense fighting took place between the Bosnian Serb and Bosnian Muslim forces, on 12 and 13 July 1995, were amongst those where very few blindfolds and ligatures were uncovered.159 The Defence expert, Dr. Stankovic did not however, fundamentally challenge the substantive findings of the Prosecution experts and accepted that the exhumations were conducted by experts with "substantial professional experience and adequate technical, scientific and moral integrity."160
77. The Trial Chamber cannot rule out the possibility that a percentage of the bodies in the gravesites examined may have been of men killed in combat. Overall , however, the forensic evidence presented by the Prosecution is consistent with the testimony of witnesses who appeared before the Trial Chamber and recounted the mass execution of thousands of Bosnian Muslim men at Cerska Valley, Kravica Warehouse , Orahovac, Branjevo Farm, Petkovci Dam and Kozluk.161
78. Most significantly, the forensic evidence presented by the Prosecution also demonstrates that, during a period of several weeks in September and early October 1995, Bosnian Serb forces dug up many of the primary mass gravesites and reburied the bodies in still more remote locations.162 Forensic tests have linked certain primary gravesites and certain secondary gravesites , namely: Branjevo Military Farm and Cancari Road 12; Petkovci Dam and Liplje 2; Orahovac (Lazete 2) and Hodzici Road 5; Orahovac (Lazete 1) and Hodzici Road 3 and 4; Glogova and Zeleni Jadar 5; and Kozluk and Cancari Road 3.163 The reburial evidence demonstrates a concerted campaign to conceal the bodies of the men in these primary gravesites, which was undoubtedly prompted by increasing international scrutiny of the events following the take-over of Srebrenica. Such extreme measures would not have been necessary had the majority of the bodies in these primary graves been combat victims. The Trial Chamber also notes that General Krstić himself did not contest the exhumation evidence presented by the Prosecution about the existence of the mass graves containing the bodies of "victims of Srebrenica ".164
79. Overall the Trial Chamber finds that the forensic evidence presented by the Prosecution provides corroboration of survivor testimony that, following the take -over of Srebrenica in July 1995, thousands of Bosnian Muslim men from Srebrenica were killed in careful and methodical mass executions."
"134. See P 140 D. Manning, Srebvenica Investigation: Summary of Forensic Evidence-Execution Points and Mass Graves, 16 May 2000 (hereafter "Manning Report") p. 00950906
135. This gravesite is part of the Lazete 2 site exhumed in 1996, but is treated as a separate site for present purposes.
136. Manning Report, p. 00950925 and D. Manning, Srebrenica Investigation: Summary of Forensic Evidence-Mass Graves Exhumed in 2000, February 2001(hereafter "Additional Manning Report") p 7601. The Additional Manning Report was filed as part of the "Motion to Reopen the Prosecutors Case for the Limited Purpose of Introducing Four Expert Reports and a Summary Report of Fresh Exhumations Evidence" dated 15 March 2001. The Trial Chamber issued an oral order that these four experts reports be admitted into evidence on 4 April 2001. See T. 9423. The Report was subsequently tendered as P 897.
137. Additional Manning Report, p. 7601.
138. See P 144 (Laboratory Report on Automated Ballistic Comparison, prepared by United States Bureau of Alcohol, Tobacco and Firearms, Forensic Science Laboratory, 24 February 2000); P 179 (Statement of Antony G. Brown, Palynologist 6 January 1998); P 180 (Statement of Antony G Brown, Palynologist 26 February 1999); P 143 (Report on Textile Investigation, prepared by Ing. S.E. Maljaars, Ministy of Justice, Netherlands Forensic Institute, 11 February 2000). See also Mr. Dean Manning (hereafter "Manning"), T. 3593.
139. Professor Jose Baraybar (hereafter "Baraybar") T. 3781-3895; Professor Helge Brunborg, (hereafter "Brunborg") T. 4036-4100; Dr. John Clark, (hereafter "Clark") T. 3896-3972; Professor William Haglund, (hereafter "Haglund") T. 3723-3780; Dr. Christopher Lawrence, (hereafter "Lawrence") T. 3974-4034 ; Manning, T. 3542-3626, 4141-4150; Mr. Jean-Rene Ruez, (hereafter "Ruez") T. 3465-3541; and Professor Richard Wright, (hereafter "Wright"), T. 3632-3721.
140. D 172 (Forensic Opinion dated 17 October 2000, by Doc. Dr. sc. Med. Zoran Stankovic, Specialist in Forensic Medicine, permanent Expert for the area of Forensic Medicine pursuant to Ruling No. 740/0373/98 of the Ministry of Justice of Serbia, Institute of Forensic Medicine-VMA (hereafter " Stankovic Report") and D 172 (Forensic Opinion dated 18 April 2001 by Doc. Dr. sc. Med. Zoran Stankovic, Specialist in Forensic Medicine, permanent Expert for the area of Forensic Medicine pursuant to Ruling No. 740/0373/98 of the Ministry of Justice of Serbia, Institute of Forensic Medicine-VMA, (hereafter "Additional Stankovic Report").
141. Additional Manning Report p. 7614.
142. Manning, T. 3579-3580, 3588-3592. Identification items uncovered during the exhumations conducted in 2000 further revealed the presence of individuals listed as missing by the ICRC list cross-referenced with other sources. See Additional Manning Report, p. 7600-7597.
143. P 132/95, and P 132/95A. See also Manning T. 3580-3582.
144. P 132/93, and P 132/93A. See also Manning, T. 3583-3584.
145. P 132/1, and P 132/18. See also Manning, T. 3589-3590, and 3592.
146. P 132/110. See also Manning, T. 3588-3589. Artefacts demonstrating Muslim religious affiliation were also identified in three of the gravesites exhumed in 2000. Additional Manning Report pp. 7600-7597.
147. Brunborg, T. 4071.
148. Brunborg, T. 4070.
149. Baraybar, T. 3811-3812. Additional Manning Report, p. 7613.
150. P 276 (H. Brunborg and H. Urdal, The Report on the Number of Missing and Dead from Srebrenica), p. 00926384, Figure 3. This figure only includes exhumations conducted up to the year 2000.
151. The sites were: the primary grave at Branjevo Military Farm and the related secondary grave of Cancari Road 12; the primary grave at Orahovac (known as Lazete 2), and the three connected secondary graves at Hodzici Road 3, Hodzici Road 4 and Hodzici Road 5 ; and the Kozluk grave and the associated secondary grave at Cancari Road 3. Manning T.3569-3570. In addition, during the exhumations conducted in 2000, blindfolds were found at Lazete 2C and Lazete 1. Additional Manning Report, p. 7601.
152. The sites were: the primary grave at Cerska; the primary grave of Nova Kasaba exhumed in 1996; the primary grave of Orahovac (Lazete 2) and its related secondary site of Hodzici Road 5; the primary grave of Branjevo Military Farm, and the related secondary grave at Cancari Road 12; the primary site of Petkovci Dam and its related site of Liplje 2; the primary grave of Kozluk and its associated secondary grave of Cancari Road 3; and the secondary site of Zeleni Jadar 5. Manning, T. 3579-3576. In addition, during the exhumations conducted in 2000, ligatures were found at Lazete 2 C, and Glogova 1. Additional Manning Report, p 7601.
153. Manning, T. 3576.
154. Manning, T. 3565. The results of the additional exhumations conducted in 2000 continued to reflect this pattern. See Additional Manning Report.
155. See e.g. P 219 (an individual with a prosthetic leg and his hands tied behind his back). See generally, Lawrence, T. 3987-3989; and Clark, T. 3912-3913, 3939-3940.
156. Stankovic Report, p 13. See also Additional Stankovic Report, p 8174.
157. Stankovic Report, p 10-11.
158. Clark, T. 3958.
159. Manning Report, T. p. 00950924. See also the Additional Manning Report p. 7606 (regarding the Ravnice primary grave, which is also located close to the Konjevic Polje to Bratunac Road, and in which no ligatures or blindfolds were uncovered. In addition, this is an undisturbed primary gravesite, which further suggests that the victims may have been combat casualties. See the discussion Infra para. 78).
160. Stankovic Report, at p. 11.
161. The statistics relating to the forensic examinations conducted at these individual gravesites will be considered more closely in the Part IIB.
162. Ruez, T. 3534.
163. Manning, T. 3614-3615 and See also Additional Manning Report p. 7601.
164. Krstić, T. 6489."
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 325 326, 381, 411, 432:
"325. Expert witnesses Dr. Haglund, a Forensic Anthropologist, and Dr. Peerwani a Pathologist, testified regarding the victims of the massacre. Both experts examined cadavers of thousands of people and described how they had been killed. Dr. Haglund testified that he had examined the large mass grave near the Catholic Church along with four additional areas that also contained human remains. Dr. Peerwani examined 122 cadavers during January and February 1996. Now part of the evidence, identification cards found on the victims indicated that they were all Tutsi.
326. Dr. Haglunds written report confirms that many people, men, women and children were killed at the Complex. Of the 493 dead examined by Dr. Haglund, only found one gunshot injury. He estimated that 36% of people in the grave had died from force trauma whereas 33% of the people died from an undetermined cause. Dr. Haglund selected an individual as an example who he identified as a fifty year old man. The mans fibula had been completely severed by some sharp object, [61] which "would have severed the achilles" tendon rendering this individual partially crippled. [62] On the neck region "all the soft tissue from the right side of the neck towards the back would have been cut through" [63] and "a sharp cut mark in the tibia body, and in the inferior border of the scapular shoulder blade, another trauma caused by a blow of a sharp object."[64] Dr. Haglund concluded that the fifty-year old man was trying to protect himself by presenting different body aspects to the armed assailant. Dr. Peerwani found stab wounds indicating the use of sharp force instruments and confirmed that many of the victims were young children and the old."
"[61] Trans., 26 Nov. 1997, p. 29
[62] Trans., 26 Nov. 1997, p. 30
[63] Trans., 26 Nov. 1997, p. 32
[64] Trans., 26 Nov. 1997, p. 33"
"381. [ ] In addition, Dr. Haglund, testified that he went to the Church grounds on 20 September 1995 to investigate two alleged graves sites there. He deposed that one grave had been exhumed previously and the bodies had been reburied nearby. In the second area he found a depression in the ground and there were indications that this area had been disturbed. Upon an attempt to probe the second mass grave he found that the ground was too hard and therefore he did not conduct further investigations there. [ ]"
"411. [ ] Dr. Haglund observed the aftermath of the massacres in September 1995 at various sites at Bisesero. Testifying about his visit to a hill on the border of Gishyita and Gisovu Commune, Dr. Haglund stated "[a]nd if one looks through field glasses or a magnifying instrument across . . . this hillside there were many white spots it looks almost like strange mushrooms growing here and they represented skeletons, the heads of human bodies that were littered on this landscape . . ."[97] and "in a brief walk around I observed a minimum of 40 to 50 individual skeletons lying about on the hill. These were skeletons on the surface. They represented men, women, children and adults."[98]"
"[98] Trans., 24 Nov. 1997, p. 82."
"432. [ ] Dr. Haglund further stated "as I went [further back into the cave] . . . I did observe [the remains] of many individuals, men, women and children protruding from the mud that had covered them up in the intervening rainy season, and at minimum, I observed at least 40 people in this area." [...]"
[B. Evidentiary comment:]
6.2. The conduct resulted in serious personal injury.
The ad hoc tribunals have elaborated upon the meaning of serious bodily harm in the context of genocide, in several judgments. The same has been included in this MPMD to throw some light on the phrase serious personal injury.
P.5. Evidence of harm that seriously injured health of victims.
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 108-109, 113:
"Serious Bodily Harm
108. The phrase serious bodily harm should be determined on a case-by-case basis, using a common sense approach. [ ]
109. It is the view of the Trial Chamber that, to large extent, "causing serious bodily harm" is self-explanatory. This phrase could be construed to mean harm that seriously injures the health, causes disfigurement or causes any serious injury to the external, internal organs or senses."
"113. The Chamber opines that "causing serious mental harm" should be interpreted on a case-by-case basis in light of the relevant jurisprudence."
P.6. Evidence of harm that caused disfigurement of victim.
A. Legal source/authority and evidence:
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 108-109, 113:
"Serious Bodily Harm
108. The phrase serious bodily harm should be determined on a case-by-case basis, using a common sense approach. [ ]
109. It is the view of the Trial Chamber that, to large extent, "causing serious bodily harm" is self-explanatory. This phrase could be construed to mean harm that seriously injures the health, causes disfigurement or causes any serious injury to the external, internal organs or senses."
"113. The Chamber opines that "causing serious mental harm" should be interpreted on a case-by-case basis in light of the relevant jurisprudence."
P.7. Evidence of harm that caused serious injury to the external, internal organs or senses.
A. Legal source/authority and evidence:
Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, paras. 507-514, 653:
"1. Serious bodily or mental harm
507. The serious bodily or mental harm, cited by the Prosecution in support of the genocide charge, relates to the suffering endured by those who survived the executions.
[ ]
509. The Chamber observes that, in the decision on the review of the indictment against Karadić and Mladić pursuant to Rule 61, the ICTY stated that cruel treatment, torture, rape and deportation could constitute serious bodily or mental harm done to members of a group under a count of genocide.1154 The Preparatory Commission for the International Criminal Court indicated that serious bodily and mental harm "may include, but is not necessarily restricted to, acts of torture, rape, sexual violence or inhuman or degrading treatment".1155
510. The Kayishema and Ruzindana Judgement defined serious bodily harm as "harm that seriously injures the health, causes disfigurement or causes any serious injury to the external, internal organs or senses".1156 The same Judgement held that serious mental harm must "be interpreted on a case- by-case basis in light of the relevant jurisprudence".1157 Reference to serious mental harm, in the context of the Genocide Convention, appears to have been restricted originally to the injection of pharmacological substances occasioning the serious impairment of mental faculties.1158 The United States supported this restrictive interpretation, indicating in a statement of interpretation annexed to their instrument of accession that, in their view, "mental harm" meant permanent impairment of the mental faculties brought on through drugs, torture or techniques similar thereto.1159 In addition, the Preparatory Committee of the International Criminal Court points out that "'mental harm' is understood to mean more than the minor or temporary impairment of mental faculties".1160 A distinction must thus be drawn between serious mental harm and emotional or psychological damage or attacks on the dignity of the human person not causing lasting impairment. The Akayesu Judgement stressed, however, that "causing serious bodily or mental harm [ ] does not necessarily mean that the harm is permanent and irremediable".1161
511. The serious bodily or mental harm, included within Article 4 of the Statute , can be informed by the Tribunals interpretation of the offence of wilfully causing great suffering or serious injury to body or health under Article 2 of the Statute . The latter offence was defined in the Celebici Judgement as "an act or omission that is intentional, being an act which, judged objectively, is deliberate and not accidental, which causes serious mental or physical suffering or injury".1162
[ ]
513. The Trial Chamber finds that serious bodily or mental harm for purposes of Article 4 actus reus is an intentional act or omission causing serious bodily or mental suffering. The gravity of the suffering must be assessed on a case by case basis and with due regard for the particular circumstances. In line with the Akayesu Judgement,1164 the Trial Chamber states that serious harm need not cause permanent and irremediable harm, but it must involve harm that goes beyond temporary unhappiness, embarrassment or humiliation. It must be harm that results in a grave and long-term disadvantage to a persons ability to lead a normal and constructive life. In subscribing to the above case-law, the Chamber holds that inhuman treatment, torture, rape, sexual abuse and deportation are among the acts which may cause serious bodily or mental injury.
514. The Chamber is fully satisfied that the wounds and trauma suffered by those few individuals who managed to survive the mass executions do constitute serious bodily and mental harm within the meaning of Article 4 of the Statute.1165"
"1154 - The Prosecutor v. Radovan Karadzic and Ratko Mladic, Review of the Indictments pursuant to Rule 61 of the Rules of Procedure and Evidence, IT-95-5-R61 and IT-95-18-R61, 11 July 1996 (hereinafter "the Karadzic and Mladic case"), para. 93.
1155 - Report of the Preparatory Commission for the International Criminal Court. Finalised draft text of the elements of crimes, UN Doc. PCNICC/2000/INF/3/Add.2, 6 July 2000, p. 6.
1156 - The Prosecutor v. Clément Kayishema and Obed Ruzindana, ICTR-95-1-T, 21 May 1999, para. 109 (hereinafter "the Prosecutor v. Radovan Karadzic and Ratko Mladic Judgement").
1157 - Prosecutor v. Radovan Karadzic and Ratko Mladic Judgement, para. 113.
1158 - Reference to serious mental harm for this purpose was first proposed by China (UN Doc. E/AC.25/SR.5, p. 9; UN Doc. A/C.6/211; UN Doc. A/C.6/232/Rev. 1; UN Doc. A/C.6/SR.81). Though at first rejected, the proposition was ultimately adopted at the initiative of India (UN Doc. A/C.6/SR.81). See also Nehemia Robinsons The Genocide Convention; A commentary, New York, 1960, p. ix.
1159 - 132:15 CONG. REC. S1378. See also the Genocide Convention Implementing Act of 1987, s. 1091(a)(3).
1160 - Report of the Preparatory Committee on the Establishment of an International Criminal Court. Part 2. Jurisdiction, Admissibility and Applicable Law, UN Doc. A/CONF. 183/2/Add.1, 14 April 1998, p. 11.
1161 - Akayesu Judgement, para. 502.
1162 - The Prosecutor v. Zejnil Delalic, Zdravko Mucic a/k/a "Pavo", Hazim Delic and Esad Landzo a/k/a "Zenga", IT-96-21-T, 16 November 1998 (hereinafter "the Celebici Judgement"), para. 511.
1164 - Akayesu Judgement, para. 502.
1165 - Eichmann Disctrict Court Judgement, para. 199: "there is no doubt that causing serious bodily harm to Jews was a direct and unavoidable result of the activities which were carried out with the intention of exterminating those Jews who remained alive".
"653. Secondly, on the basis of the killing of the military aged Muslim men from Srebrenica and the causing of serious bodily and mental harm to the men surviving the massacres : General Krstic incurs responsibility under Article 7(1) and Article 4(3)(a) for genocide (count 1), General Krstic also incurs responsibility under Article 7(1) for the killings as extermination (count 3), murder (count 4) and persecution (count 6) as crimes against humanity, and murder as a violation of the laws or customs of war (count 5)."
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 108-109, 113, 547, 556-558:
"Serious Bodily Harm
108. The phrase serious bodily harm should be determined on a case-by-case basis, using a common sense approach. [ ]
109. It is the view of the Trial Chamber that, to large extent, "causing serious bodily harm" is self-explanatory. This phrase could be construed to mean harm that seriously injures the health, causes disfigurement or causes any serious injury to the external, internal organs or senses."
"113. The Chamber opines that "causing serious mental harm" should be interpreted on a case-by-case basis in light of the relevant jurisprudence."
"547.As a preliminary matter, the Chamber finds that in implementing the policy of genocide, the intent of Kayishema, those under his control and Ruzindana, was to kill members of the Tutsi group at the four crime sites. Inherent in the act of mass killing is the infliction of serious bodily and mental harm. For example, the Trial Chamber was presented with the opportunity to view numerous healing bullet and machete wounds. Furthermore, the Chamber heard the testimony of many witnesses who recounted having watched their loved ones mutilated, raped or killed in a heinous manner. The evidence established that the genocidal act of the accused persons was killing. The Trial Chamber holds Kayishema and Ruzindana responsible for the results of the killings and serious bodily and mental harm to the Tutsi population in Kibuye."
"COUNT 7: Charges Kayishema with Genocide in Violation of Article 2(3)(a) of the Statute for the Massacres at the Stadium in Kibuye Town
556. The Trial Chamber finds that by 18 April 1994, thousands of men, women and children, unarmed Tutsis, sought refuge in the Stadium located in Kibuye Town. Once the refugees had gathered, persons under Kayishemas control, including gendarmes, prevented refugees from leaving the Stadium and surrounded the Stadium. The Trial Chamber is satisfied that during the attacks, some of the Tutsi who attempted to flee were killed. Kayishema instigated the attacks by ordering the attackers to "shoot those Tutsi dogs" and by firing the first shot into the Stadium. As a result of the attack, thousands of people were killed and numerous sustained serious physical injuries.
557.The Chamber finds beyond a reasonable doubt, that at the time when the Tutsi were prevented from leaving the Stadium, Kayishema knew or had reason to know that an attack was about to occur.
Kayishemas Criminal Responsibility
558. For the reasons stated above, Kayishema is individually criminally responsible under Article 6(1) of the Statute for instigating, ordering, committing or otherwise aiding and abetting in the planning, preparation and execution of genocide by killing and injuring Tutsis in the Stadium."
B. Evidentiary comment:
The Appeals Chamber in the Krstic case however, set aside (Judge Shahabuddeen dissenting,) Krstics conviction as a participant in a joint criminal enterprise to commit genocide, and instead found, (Judge Shahabuddeen dissenting,) Radislav Krstic guilty of aiding and abetting genocide.
A. Legal source/authority and evidence:
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 633-634:
"Causing Serious Bodily or Mental Harm to Members of the Group
633. Regarding the requirement under Article 2(2)(b) that in order to be held liable by causing serious bodily or mental harm to members of the group, the International Law Commission has indicated that this covers two types of harm that may be inflicted on an individual, namely bodily harm which involves some type of physical injury and mental harm which involves some type of impairment of mental faculties. The International Law Commission further observed that the bodily or mental harm inflicted on members of a group must be of such a serious nature as to threaten its destruction in whole or in part.
634. Trial Chambers of the Tribunal have held that what is "bodily" or "mental" harm should be determined on a case-by-case basis and have further held that "serious bodily harm" does not necessarily have to be permanent or irremediable, and that it includes non-mortal acts of sexual violence, rape, mutilations and interrogations combined with beatings and/or threats of death. The Trial Chamber in Kayishema and Ruzindana considered "serious mental harm" to include more than minor or temporary impairment of mental faculties such as the infliction of strong fear or terror, intimidation or threat. The state of the law in this regard is aptly captured in the conclusion drawn by the Semanza Trial Chamber: The Chamber adopts the foregoing standards pronounced in Akayesu and Kayishema and Ruzindana as to the determination of serious bodily or mental harm. In addition, the Chamber finds that serious mental harm need not be permanent or irremediable."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 744-746, 751-752, 754, 757, 759-760, 763-765, 769, 776-777, 785-786, 789-790, 793, 795, 801-804, 807-808, 811-814, 819, 822-823, 828-829, 834, 844, 846-848, 851-853, 856, 858-859, 863-864, 874-875, 880-882, 886-887, 892, 896-897, 901-903:
"744. The Trial Chamber will now proceed to detail its findings with respect to those camps and detention facilities in relation to which it is satisfied beyond reasonable doubt that serious bodily and/or mental harm was inflicted upon the Bosnian Muslim and Bosnian Croat detainees, and, further, that it was inflicted intentionally.
a. Banja Luka municipality
i. CSB building
[ ]
746. [ ]At the CSB building, Bosnian Muslims and Bosnian Croats were hit and kicked by policemen and by members of the Banja Luka Special Unit (aka "Specialists"), as they awaited their turn to be interrogated,1811 as well as during interrogation.1812 A Bosnian Muslim man suffered broken ribs and cuts to his face, whilst another broke a few teeth and still bears the marks of strangulation.1813 Samardzija, a commander of the Banja Luka CSB who was interrogating the latter, was present during the beatings.1814"
"1811. BT-72, T. 18407 (closed session ); see also ex. P2042.
1812. BT-69, T. 17703-17705 (closed session); BT-22, T. 4427.
1813. BT-22, T. 4427; BT-69, T. 17705 (closed session).
1814. BT-22, T. 4427; BT-72, T. 18415 (closed session); BT-76, ex. P2044, 92bis statement, 1028818 (under seal)."
"ii. Manjaca
[ ]
751. Detainees were subjected to regular beatings.1823 Sometimes these beatings were selective.1824 However detainees were systematically beaten upon arrival.1825 On these occasions, detainees were beaten by the military police that were manning the camp,1826 and by those who had accompanied them in their transfer from their municipalities of origin.1827 Beatings also took place during interrogations.1828 Beatings were inflicted with the use of, amongst others, fists, feet, batons, wooden poles, rifle butts and electric cables.1829
752. In some cases, these beatings were so severe as to result in serious injury.1830 After the beatings some detainees had to be taken to the infirmary, and even physically carried.1831 At times the camp guards would forbid visits to the infirmary, regardless of the detainees state of health.1832 Detainees witnessed beatings being inflicted on other detainees.1833
[ ]
754. At Manjaca, beatings were administered for the most part by the military police in charge of guarding the camp.1835 The most brutal camp guards included Zeljko Bulatovic (aka "Fadil Bula"), Zoran LNU (aka "Zoka"), "Pop" and "Spaga".1836
[ ]
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
1836.Asim Egrlic, T. 10606-10607; Sakib Muhic, T. 8144-8145; Atif Dzafic, ex. P1123, 92bis statement, 2004688 ; BT-26, T. 9220 (closed session); Muhamed Filipovic, T. 10106; Jakov Maric, T. 10833.
[ ]
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."
"759. The Trial Chamber is satisfied that beatings also took place regularly in Mali Logor, involving amongst others the use of fists, feet and batons,1848 and resulting in serious injury or death.1849 These beatings focused on Bosnian Muslims and Bosnian Croats.1850 A Bosnian Croat detainee was forced by a Bosnian Serb military policeman to slap other detainees.1851 He suffered psychological damage as a result of his detention and these problems continue to this day.1852 Detainees witnessed these beatings being inflicted on others.1853
760. It was evident to the judiciary of Banja Luka military court that these beatings were taking place, but their occurrence was not stopped nor were the perpetrators punished.1854"
"iv. Viz Tunjice Penitentiary
763. Bosnian Muslim and Bosnian Croat detainees were beaten immediately upon arrival with fists, feet and truncheons.1858 They were subjected to ethnic slurs.1859 A detainees tooth was broken as a result of a Bosnian Serb prison guard introducing the barrel of his pistol into his mouth; he was also threatened with a knife.1860 Another detainee suffered a broken cheekbone.1861 On one occasion, the beatings resulted in the death of one detainee.1862 Detainees did not receive any medical attention for the injuries they suffered.1863
764. The perpetrators of these beatings were the guards.1864 Bosnian Muslim and Bosnian Croat detainees were also beaten by Bosnian Serb detainees.1865
765. Some detainees were transferred to Mali Logor. Prior to being transferred, they were beaten by the Viz Tunjice prison guards and by the Bosnian Serb military police that came to transfer them.1866"
"1858. BT-72, T. 18408 (closed session ); Fikret \ikic, ex. P2042, 92bis statement, 338686.
1859. BT-72, T. 18408 (closed session ).
1860. BT-72, T. 18410-18411 (closed session).
1861. Fikret \ikic, ex. P2042, 92bis statement, 338687.
1862. Vahid Mujkanovic, ex. P1980 , 92bis statement, 2299904; BT-72, T. 18415, 18462 (closed session).
1863. BT-72, T. 18412 (closed session ).
1864. BT-72, T. 18408 (closed session ).
1865. Fikret \ikic, ex. P2042, 92bis statement, 338687; BT-36, T. 11061-11062 (closed session).
1866. BT-72, T. 18418 (closed session ); Fikret \ikic, ex. P2042, 92bis statement, 338687."
"i. Jasenica Elementary School.
[ ]
769. Detainees were beaten at least twice in Jasenica, by members of two paramilitary units, the 'Suha Rebra' and Seselj's Men.1874 Detainees lost consciousness and sustained injuries such as a cut to the leg, broken ribs and a fractured skull.1875 One detainee was provided with medical treatment for his injuries.1876 In addition to these two instances, detainees were also beaten by Bosnian Serb soldiers and civilians.1877"
"1874. See B.2. supra , "Jasenica school". See also BT-56, T. 17461-17464; Mirsad Palic, ex. P2040 , 92bis statement, 844635.
1875. BT-56, T. 17462.
1876. BT-56, T. 17463.
1877. Mirsad Palic, ex. P2040, 92bis statement, 844634."
"776. Beatings were administered regularly in the Kozila logging camp by "Cigo" Zori c and by the guards of the camp,1894 including Zeljko Brankovic and Milan Knezevic.1895 Beatings took place during interrogations and involved the use of fists, feet, rifles, pistols and truncheons.1896 A pistol was put to a Bosnian Muslim detainees head during one interrogation.1897 A number of detainees were beaten together at the same time, and also forced to beat each other.1898 During these beatings, detainees were called 'Balija, subjected to other ethnic slurs and humiliated.1899
777. Some detainees lost consciousness during these beatings.1900 One could not walk the next day as a result of the beatings, the physical consequences of which he still suffers.1901 Another was placed in solitary confinement for eleven days after being beaten.1902"
"1894. Dzemil Fazlic, ex. P1978, 92bis statement, 942942-942943; Midho Druzic, T. 16778; Zijad Ramic, ex. P1979 , 92bis statement, 1029883-1029886.
1895. Midho Druzic, T. 16781; Zijad Ramic, ex. P1979, 92bis statement, 1029882-1029884.
1896. Midho Druzic, T. 16781-16782 ; Zijad Ramic, ex. P1979, 92bis statement, 1029883-1029886.
1897. Zijad Ramic, ex. P1979, 92bis statement, 1029884-1029885.
1898. Midho Druzic, T. 16800; Zijad Ramic, ex. P1979, 92bis statement, 1029884. See B.2. supra, "Kozila camp".
1899. Midho Druzic, T. 16782, 16784 -16787; Zijad Ramic, ex. P1979, 92bis statement, 1029884. See B.2. supra, "Kozila camp".
1900. Midho Druzic, T. 16781; Zijad Ramic, ex. P1979, 92bis statement, 1029885.
1901. Midho Druzic, T. 16783-16784 , 16813.
1902. Zijad Ramic, ex. P1979, 92bis statement, 1029884."
"780. In the evenings, detainees were forced to sing Serbian songs. They were also beaten with batons and fists.1909 In Kamenica, detainees had to prepare firewood, dig trenches and make a fence around the camp.1910
"1909. BT-56, T. 17493-17494.
1910. BT-56, T. 17494; Zijad Ramic , ex. P1979, 92bis statement, 1029887."
"783. At the SUP building detainees were beaten with police batons, electric cables, steel rods, feet, clubs and chains. They also witnessed beatings being inflicted on others.1915 The perpetrators of the beatings were, amongst others, Sasa "Karatista" and Bosko Bilic,1916 and some Bosnian Serb soldiers.1917
"1915. Safet Bibic, ex. P1694, 92bis statement, 2062052; Alija Verem, ex. P1695, 92bis statement, 2061788 .
1916. Safet Bibic, ex. P1694, 92bis statement, 2062052.
1917. Alija Verem, ex. P1695, 92bis statement, 2061788."
ii. "The House"
"785. At this detention facility, detainees were beaten with fists, chopped wood, rifle butts, police batons and feet.1919 As a result of those beatings one detainee sustained fractured ribs and a fractured index finger.1920 Detainees witnessed the beating and resulting death of Mulo Robovic as he was being taken to the TO warehouse.1921
786. The perpetrators of the beatings were Bosnian Serb soldiers, police officers and military police.1922"
"1919. Safet Bibic, ex. P1694, 92bis statement, 2062052.
1920. Safet Bibic, ex. P1694, 92bis statement, 2062053.
1921. Safet Bibic, ex. P1694, 92bis statement, 2062053; Alija Verem, ex. P1695, 92bis statement, 2061789 .
1922. Safet Bibic, ex. P1694, 92bis statement, 2062052; Alija Verem, ex. P1695, 92bis statement, 02061789"
iii. Territorial Defence warehouse
"789. At the TO warehouse in Donji Vakuf, beatings occurred very often, also in front of other detainees.1927 Detainees were beaten with electric cables, bats, rifle butts, and feet.1928 Detainees who were relatives were forced to beat each other by running at full speed and butting their heads against each other.1929 Naim Sutkovic, an elderly detainee, died of his injuries as a result of a severe beating.1930 Detainees witnessed the deaths of others.1931 One of the detainees, a teacher, was beaten by his former student.1932 No medical attention was provided to those injured as a result of the beatings.1933
790. The perpetrators of the beatings were Bosnian Serb local reserve policemen and two military policemen who were not from Donji Vakuf.1934 Some of the perpetrators of the beatings at the TO warehouse also perpetrated the beatings at the SUP building.1935"
"1927. Dzevad Doslic, T. 14842-14843 .
1928. Alija Verem, ex. P1695, 92bis statement, 2061790.
1929. Alija Verem, ex. P1695, 92bis statement, 2061790.
1930. Alija Verem, ex. P1695, 92bis statement, 2061790.
1931. Dzevad Doslic, T. 14845.
1932. Dzevad Doslic, T. 14843.
1933. Dzevad Doslic, T. 14843.
1934. Dzevad Doslic, T. 14843-14844 , 14903-14904, 14914.
1935. Alija Verem, ex. P1695, 92bis statement, 2061789-2061790."
"iv. Vrbas Promet
"793. Upon arrival, detainees had to run the gauntlet where they were beaten with fists, rifles and batons by Bosnian Serb policemen and soldiers. Amongst the latter was Stojan Subasic,1942 who beat Dzevad Hadzic, the former director of the company he used to work for, accusing him of driving it to bankruptcy.1943 Other detainees witnessed these beatings.
[ ]
795. Beatings continued during the course of detention at Vrbas Promet. Amongst the perpetrators of the beatings were those who were also responsible for beatings at the TO warehouse.1945 On one occasion, Bosnian Serb soldiers came into the Vrbas Promet detention facility, and beat up the detainees.1946"
"e. Bosanski Novi municipality
[ ]
i. Mlavke football stadium
[ ]
801. Beatings took place at the Mlavke football stadium.1958 As a result of the beating inflicted by a Bosnian Serb soldier, a detainee was blinded in one eye.1959 Beatings also took place when drunk Bosnian Serb soldiers returned from the front.1960
802. The guards cursed, taunted and threatened the detainees with death, and subjected them to ethnic slurs.1961 An armed Bosnian Serb soldier with a gun forced detainees to graze grass like animals, for the purposes of humiliating them.1962"
"1958. BT-81, T. 13800 (private session ); BT-82, T. 14017; Midho Alic, T. 13906-13907; BT-50, ex. P1641, 92bis statement , 672861 (under seal).
1959. Midho Alic, T. 13907.
1960. BT-50, ex. P1641, 92bis statement, 672861 (under seal).
1961. Midho Alic, T. 13903; BT-82 , T. 14002, 14017; BT-50, ex. P1641, 92bis statement, 672861 (under seal); BT-81, T. 13797.
1962. BT-87, T. 14365; BT-87, ex. P1643, 92bis statement, 942603 (under seal)."
"ii. Bosanski Novi fire station
803. The Bosanski Novi fire station was staffed by Bosnian Serb military police and commanded by Bogdan Grab from Josava.1963 Around 19 Bosnian Muslim men, amongst them prominent citizens, were confined there.1964
804. Beatings took place at the Bosanski Novi Fire Station with "baseball bats", truncheons and wooden sticks, hands and feet, and a man was beaten to death.1965 The beatings were carried out by the military police, including the commander Bogdan Grab, and occasionally by drunken Bosnian Serb soldiers returning from the front who were be brought in to beat the detainees.1966"
1963. BT-83, T. 14071-14073.
1964. BT-83, T. 14073, 14111; BT- 82, T. 13988.
1965. BT-83, T. 14079, 14083, 14110 .
1966. BT-83, T. 14078.
"807. Those arrested were beaten in a gauntlet at the steps of the entrance to the SUP building with feet, fists, batons, rifle-butts and chair legs, and were subjected to ethnic slurs.1971 A prominent Bosnian Muslim was thrown down the stairs, and as a result carried into the SUP building unconscious, whilst another suffered a cut lip and broken ribs.1972 As a result of the severity of the beatings, the former suffered a serious, lasting injury with continuing effects today.1973
808. In addition, those arrested were beaten inside the SUP building, during and outside interrogations.1974 The perpetrators of these beatings were Bosnian Serb police officers and local civilians.1975"
"1971. Muhamed Filipovic, T. 9584, 9586, 9594; Asim Egrlic, T. 10562-10563; Ramiz Subasic, T. 10488; BT-26, T. 9158 (closed session).
1972. Muhamed Filipovic, T. 9586, 9589; Asim Egrlic, T. 10563.
1973. Muhamed Filipovic, T. 9592, 9632.
1974. Muhamed Filipovic, T. 9590; BT-26, T. 9160 (closed session).
1975. BT-26, T. 9159-9160 (closed session); Muhamed Filipovic, T. 9590."
"811. Civilians taken to the Nikola Mackic School were beaten when forced to run a gauntlet outside the school, when they were hit and struck with various objects such as sticks, bats and rifles, and were verbally abused.1978 Those gauntlets were variously composed of Bosnian Serb civilians or of regular and reserve Bosnian Serb soldiers and policemen.1979
812. Beatings took place both during and outside interrogations,1980 including the beating of a boy who was 16 and a half and still attending high school, despite the fact that his age was known to the interrogators.1981 Bosnian Serb regular and reserve police officers were the perpetrators of these beatings.1982
813. Bosnian Muslim former police officers were the object of particularly severe physical abuse and humiliation.1983 Witness Atif Dzafic, the former chief of the Kljuc SJB, was taken before Captain 'Dusko' Milicevic, an inspector of the Banja Luka CSB.1984 Milicevic beat another Bosnian Muslim police officer in the witness presence whilst another captain beat the witness.1985
814. There was blood on the walls of the school and on the detainees.1986 One detainee who was bleeding as a result of the beatings was forced to lick his own blood off the floor, which others witnessed.1987 Detainees were forced to extend the three fingers in the Serbian salute.1988"
"1978. Nisvet Ticevic, T. 10748; Samir Dedic, T. 10402-10403; Atif Dzafic, P1123, 92bis statement, 2004684;
1979. Atif Dzafic, ex. P1123, 92bis statement, 2004684; Nisvet Ticevic, T. 10748.
1980. Atif Dzafic, ex. P1123, 92bis statement, 2004685-2004686; Samir Dedic, T. 10420.
1981. Samir Dedic, T. 10388; BT-77 , T. 10404.
1982. Atif Dzafic, ex. P1123, 92bis statement, 2004684-2004685; Samir Dedic, T. 10456-10457.
1983. Atif Dzafic, ex. P1123, 92bis statement, 2004684-2004685; Nisvet Ticevic, T. 10749.
1984. Atif Dzafic, ex. P1123, 92bis statement, 2004685.
1985. Atif Dzafic, ex. P1123, 92bis statement, 2004685.
1986. BT-77, T. 10354; Nisvet Ticevic , T. 10749.
1987. Atif Dzafic, ex. P1123, 92bis statement, 2004686.
1988. Atif Dzafic, ex. P1123, 92bis statement, 2004685; Nisvet Ticevic, T. 10749."
"819. At the Grabovica School, women and children were verbally abused on departure by the local population.1999 They were made to walk slowly through a gauntlet composed of civilians, mostly women and children, and were beaten.2000 A Bosnian Serb woman attempted to stab an underage Bosnian Muslim, but was prevented by a soldier from doing so.2001"
"1999. Elvedin Pasic, T. 19431, 19434 -19435.
2000. Elvedin Pasic, T. 19431, 19434 .
2001. Elvedin Pasic, T. 19448-19449 ."
"822. Beatings occurred upon entering the police station, when detainees were forced to run through gauntlets composed of, on occasion, members of the 'Specialists',2006 in the course of which they were beaten with baseball bats, batons, rifle butts, fists, and were kicked.2007
823. Detainees were also beaten and abused during interrogation. Detainees were beaten with batons, rifle butts and chair legs and feet.2008 Beatings in some cases were extremely severe and lengthy.2009 During interrogation, one detainee witnessed the beating of his brother by a 'Specialist'.2010 Another detainee was forced to eat his statement, which he had written in the Latin script, and forced to rewrite it in Cyrillic.2011"
"2006. BT-76, ex. P2044 92bis statement, 1028817-1028818 (under seal).
2007. BT-76, ex. P2044, 92bis statement, 1028818 (under seal).
2008. BT-71, T. 17635 (private session ).
2009. BT-71, T. 17635 (private session ).
2010. BT-76, ex. P2044, 92bis statement, 1028820 (under seal).
2011. BT-71, T. 17635 (private session ); BT-69, T. 17702 (closed session)."
"iii. Kotor Varos prison
"828. Detainees were beaten upon arrival, with feet and fists, by policemen, one of whom was from the neighbouring municipality of Skender Vakuf.2022
829. Detainees in Room Three were physically mistreated by outsiders in olive-drab camouflage uniforms, particularly at night.2023 As a result of these beatings one detainee suffered several bone fractures to nose, teeth and ribs.2024"
"2022. BT-97, T. 17935.
2023. BT-69, T. 17713-17714, 17900 (closed session).
2024. BT-69, T. 17740 (closed session )."
"834. The older men were mistreated by being forced to eat paper and drink petrol.2033 A mentally impaired man was beaten by a Bosnian Serb soldier.2034 Detainees were humiliated when they were forced to sing Serbian songs and to assume a praying position.2035"
"2033. BT-75, ex. P2045, 92bis statement, 371788 (under seal).
2034. BT-74, ex. P2046, 92bis statement, 1076162 (under seal).
2035. BT-75, ex. P2045, 92bis statement, 371788 (under seal)."
"844. At the Omarska camp detainees were systematically beaten upon arrival to the camp.2061 They were thereafter beaten both routinely2062 and during interrogation,2063 with all sorts of implements, including electric cables, rifle butts, police batons, wooden clubs, baseball bats, chains, fists and boots.2064 Female detainees were also beaten.2065 Beatings occurred during the day, on the way to meals2066 and at night.2067"
"2061. BT-1, ex. P1619, T. 4763 (under seal); Kerim Mesanovic, ex. P1131, T. 5189; Muharem Murselovic, ex. P1542, T. 2739 ; Nusret Sivac, ex. P1547, T. 6612.
2062. BT-27, ex. P1529, T. 4304 ( under seal).
2063. Nusret Sivac, ex. P1547, T. 6637; Kerim Mesanovic, ex. P1131, T. 5174-5175; BT-1, ex. P1619, T. 1098 (under seal); BT-2, ex. P561, T. 2662 (under seal).
2064. Muharem Murselovic, ex. P1542 , T. 2732-2735; Kerim Mesanovic, ex. P1131, T. 5162-5166; BT-27, ex. P1529, T. 4301 (under seal); Nusret Sivac, ex. P1547, T. 6681-6682.
2065. BT-1, ex. P1619, T. 4767-4768 (under seal).
2066. Nusret Sivac, ex. P1547, T. 6681; Kerim Mesanovic, ex .P1131, T. 5178; BT-1, ex. P1619, T. 4750 (under seal).
2067. BT-42, ex. P564, T. 1888 (under seal)."
"846. In some cases the beatings were so severe as to result in serious injury, permanent disfigurement, or death.2074 Detainees were beaten to death while other detainees were watching.2075
847. At Omarska, there were frequent incidents of female detainees being called out by the camp guards and the camp commander to be raped and sexually assaulted.2076
848. At Omarska camp, beatings were administered by camp guards, such as Milutin Popovic aka "Pop" and Zarko Marmat.2077 On religious holidays or if the relative of a guard was killed in the battlefield, beatings intensified.2078 Shift commander Mladjo Radic aka "Krkan" was present during the beatings but did nothing to prevent the beatings,2079 and in fact organised the gauntlet of guards that on one occasion beat the detainees.2080 Moreover, the following were present when the name of those who would be beaten was called out: Zigic and Kvocka.2081 Detainees were also beaten by outsiders, including Bosnian Serb soldiers from the front, whilst camp guards stood aside.2082"
"2074. Muharem Murselovic, ex. P1542 , T. 2772; BT-27, ex. P1529, T. 4301 (under seal); BT-1, ex. P1619, T. 4767-4768 (under seal); BT-2, ex. P561, T. 2738-2744 (under seal). See A.2. supra , "The killing of a number of people at Omarska camp between 28 May and 6 August 1992 Prijedor municipality".
2075. See B.2. supra , "Prijedor".
2076. BT-1, ex. P1619, T. 4769-4770 , 4775-4779, 4781-4783 (under seal); BT-42, ex. P564, T. 1901 (under seal). See B. 2. supra, "Prijedor".
2077. BT-1, ex. P1619, T. 4750 (under seal); Kerim Mesanovic, ex .P1131, T. 5185.
2078. Kerim Mesanovic, ex .P1131, T. 5185-5186.
2079. BT-1, ex .P1619, T. 4927 (under seal); Kerim Mesanovic, ex .P1131, T. 5189.
2080. Nusret Sivac, ex. P1547, T. 6681.
2081. BT-1, ex. P1619, T. 4753 (under seal).
2082. Muharem Murselovic, ex. P1542 , T. 2737, 2890; BT-2, ex .P561, T. 2729 (under seal)."
"851. At Keraterm camp, detainees were beaten on arrival.2094 An elderly man was beaten by Bosnian Serb soldiers at the entrance to the camp and accused of killing Serbs in 1942: his nose was broken as a result of this beating.2095 Beatings occurred both day and night.2096 Beatings were carried out with wooden clubs, baseball bats, electric cables and police batons.2097 Nenad Banovic, aka "Cupo", shot at the legs of resting detainees, injuring them.2098 Detainees were humiliated and tortured. Certain detainees were singled out for particularly harsh treatment, although it is not clear on what basis they were singled out. Two Bosnian Muslim former policemen were beaten with chains and metal rods.2099 One Albanian man died after a few days as a consequence of a beating,2100 just like a Bosnian Serb detainee and a half Bosnian Croat-half Bosnian Serb detainee.2101
852. In some cases the beatings were so severe as to result in serious injury2102 and death.2103 Beatings and humiliation were often administered in front of other detainees. Female detainees were raped in Keraterm camp.2104
853. The beatings were administered by the camp guards,2105 in particular Nenad Banovic "Cupo".2106 In addition, beatings were administered by people from outside.2107"
2094. Jusuf Arifagic, ex. P554, T . 7087; BT-34, ex. P558, T. 1063-1064 (under seal).
2095. Jusuf Arifagic, ex. P554, T . 1094.
2096. Jusuf Arifagic, ex. P554, T . 7090.
2097. BT-34, ex. P558, T. 1186 (under seal).
2098. BT-37, ex. P555, T. 1520-2521 (under seal).
2099. Jusuf Arifagic, ex. P554, T . 7093-7094.
2100. BT-34, ex. P558, T. 1078-1079 (under seal).
2101. BT-34, ex. P558, T. 1080-1087 (under seal).
2102. BT-34, ex. P558, T. 1082-1087 (under seal); BT-37, ex. P555, T. 2506-2507 (under seal).
2103. BT-34, ex. P558, T. 1078-1079 (under seal).
2104. BT-3, ex. P1135, T. 6197-6200 (under seal); see B.2. supra, "Prijedor".
2105. BT-34, ex. P558, T. 1063-1064 (under seal).
2106. BT-37, ex. P555, T. 2499-2502 , 2520-2521 (under seal).
2107. BT-34, ex. P558, T. 1130 (under seal).
"856. Male detainees were interrogated and beaten, with wooden poles and knives,2114 some until they were unconscious.2115 There was blood on the floor and on the wall of the interrogation room. Detainees were beaten in front of other detainees.2116 Women were raped in Trnopolje camp, including by Kuruzovic, the commander of the camp.2117
At the Trnopolje camp, beatings were administered by the guards.2118 Detainees in Trnopolje were also beaten by people from outside, and the guards did nothing to stop them.2119"
"2114. Idriz Merdzanic, ex. P1148, T. 7766.
2115. BT-38, ex. P556, T. 1657-1660 (under seal).
2116. BT-38, ex. P556, T. 1661-1664 (under seal).
2117. BT-33, T. 12663-12664 (closed session); BT-33, ex. P1544, T. 3965-3968 (under seal). See B.2. supra , "Prijedor".
2118. Idriz Merdzanic, ex. P1148, T. 7785.
2119. Idriz Merdzanic, ex. P1148, T. 7768."
"858. The secretary of the local commune had his office at the Miska Glava dom,2120 which was staffed by the Territorial Defence.2121 About 114 Bosnian Muslim detainees were locked up in the café therein.2122
859. At Miska Glava, detainees were beaten during interrogations by Bosnian Serb soldiers with fists and rifle butts.2123 They suffered concussions, bleeding and heavy bruising.2124 They were beaten in the presence of other detainees.2125"
2120. Nermin Karagic, ex. P559, T . 5215.
2121. Nermin Karagic, ex. P559, T . 5219.
2122. Nermin Karagic, ex. P559, T . 5215, 5218.
2123. Elvedin Nasic, T. 12693-12694 .
2124. Nermin Karagic, ex. P559, T . 5220, 5223.
2125. Nermin Karagic, ex. P559, T . 5223."
"863. Detainees were beaten with metal objects by members of the intervention squad,2132 composed of men from Prijedor.2133 One detainee had his temple bone fractured as a result of these beatings.2134 Dr. Mahmuljin was beaten with special virulence: 'Dado' Mrdja and Zoran Babic accused him of killing Serb children as a consequence of the allegations aired by Radio Prijedor as part of the propaganda campaign.2135 His arm was fractured in several places as a result and he was left unconscious.2136 Detainees were also beaten during interrogation and humiliated.2137 Detainees were subjected to ethnic slurs.2138 From the Prijedor SUP, detainees were transferred to Omarska camp by policemen.2139 Prior to their transfer, they were forced to run a gauntlet of policemen.2140"
"2132. Nusret Sivac, ex. P1547, T. 6620-6621; BT-42, P564, T. 1851 (under seal).
2133. BT-42, ex. P564, T. 1851 (under seal).
2134. Nusret Sivac, ex. P1547, T. 6620-6621.
2135. Nusret Sivac, ex. P1547, T. 6620-6621, 6626.
2136. Nusret Sivac, ex. P1547, T. 6621.
2137. Mevludin Sejmenovic, ex. P1533 , T. 4743.
2138. BT-42, ex. P564, T. 1851 (under seal).
2139. Nusret Sivac, ex. P1547, T. 6621.
2140. Nusret Sivac, ex. P1547, T. 6621."
"864. The JNA barracks in Prijedor, where at least 30 Bosnian Muslim men were detained, were staffed by the Bosnian Serb military. A detainee was questioned by Kovacevic, the security officer. He was then interrogated and beaten with a stick by a police officer and slapped by Jovic, a Lieutenant in a JNA outfit, which caused him to bleed, and forced to write and sign statements. Detainees were also beaten outside interrogation, including a Muslim religious official, and received injuries. As a result, a detainee suffered difficulty eating.2141"
"2141. BT-36, T. 11049-11053 (closed session)."
"874. Beatings also took place in the SUP outside interrogation. Beatings were mostly conducted by the guards.2166 Danilu sko Kajtez, an SOS member, beat several detainees at the SUP.2167 Whilst detained at the cells in the SUP, Bosnian Serb soldiers, inebriated at times, were given access to detainees and would beat them, as would civilians.2168 A detainee was beaten and kicked whilst forced to assume a praying position.2169 Detainees were subjected to ethnic slurs.2170"
"2166. Ahmed Zulic, T. 6886.
2167. BT-17, T. 7758 (closed session ).
2168. Faik Biscevic, T. 7073, 7076 ; BT-17, T. 7755-7758 (closed session); Mirzet Karabeg, T. 6166-6168.
2169. Mirzet Karabeg, T. 6181.
2170. Sakib Muhic, T. 8121."
"875. One detainee suffered fractured ribs as a result of being beaten.2171 Another detainee lost all his teeth.2172 Another detainees hand was burnt with hot water.2173 Detainees did not receive any medical treatment.2174 'Hodza' Emir Seferovic and SDA secretary Hasim Kamber were beaten daily, and were eventually killed.2175
"2171. BT-17, T. 7754 (closed session ).
2172. Mirzet Karabeg, T. 6182.
2173. Mirzet Karabeg, T. 6180.
2174. Faik Biscevic, T. 7064.
2175. Faik Biscevic, T. 7075; BT- 17, T. 7756-7758 (closed session)."
"880. Beatings took place with horrifying regularity at the Betonirka factory garages.2189 Beatings were carried out with the use of cables, feet of tables, spades and feet.2190 The beatings were at times selective.2191 One detainee testified that he was beaten as a result of the propaganda that had been spread regarding his practice as a doctor.2192 For the most part, however, the detainees at Betonirka were randomly beaten.2193
881. These beatings caused serious injuries to the detainees.2194 Enver Burnic, a Bosnian Muslim former policeman, was taken outside on St Vitus day (28 June) by shift commander Martic, a Bosnian Serb policeman, who was drunk, and by two policemen, and beaten he was told at the time that a bullet was too costly a way for him to die.2195
882. The perpetrators of the beatings were the facilitys guards, particularly the shift commander Martic.2196 Bosnian Serb outsiders also beat the detainees, with the guards knowledge and acquiescence.2197"
"2189. BT-23, T. 6418; Enis Sabanovic , T. 6477; Ahmed Zulic, T. 6886; Bekir Delic, T. 7960; Jakov Maric, T. 10828. Ahmed Zulic, T. 6886.
2190. Ahmed Zulic, T. 6887.
2191. Jakov Maric, T. 10829; see also beating of Enver Burnic, below.
2192. Mirzet Karabeg, T. 6174.
2193. Bekir Delic, T. 7961.
2194. Jakov Maric, T. 10829; BT-23 , T. 6422.
2195. Ahmed Zulic, T. 6883; Bekir Delic, T. 7961-7962.
2196. Bekir Delic, T. 7960, 7963; BT-21, T. 8538-8539 (closed session); Ahmed Zulic, T. 6888; Mirzet Karabeg, T. 6172 -6173, T. 6256; Jakov Maric, T. 10827, 10844-10845.
2197. BT-21, T. 8538 (closed session ); Mirzet Karabeg, T. 6172-6173, 6256."
"886. There were beatings at the Hasan Kikic gymnasium,2204 as a result of which one detainee was suicidal.2205 These were particularly severe when detainees were led to board the truck that took around 150 of them to Manjaca on 6 June 1992.2206 They were transported in very hot temperatures in trucks covered by tarpaulin, and were not given any water during the whole journey that lasted from morning until evening.2207"
"2204. Enis Sabanovic, T. 6481; Sakib Muhic, T. 8121-8122.
2205. Enis Sabanovic, T. 6485.
2206. Enis Sabanovic, T. 6489. Under the heading of "causing serious bodily or mental harm" the Indictment charges the transport of detainees from the municipality of Sanski Most to Manjaca camp between 6 June and 16 June. The transport of 7 July 1992 has been analysed earlier: see A.2. supra, "The killing of a number of men after their transportation from the Hasan Kikic elementary school and from Betonirka detention facility in Sanski Most to the Manjaca camp Sanski Most/ Banja Luka municipality".
2207. Ex. P666, "Order", dated 6 June 1992, to evacuate 150 detainees from the Hasan Kikic elementary school in Sanski Most to Manjaca; Sakib Muhic, T. 8105, 8123-8124. See A.2. supra, "The killing of a number of men after their transportation from the Hasan Kikic elementary school and from Betonirka detention facility in Sanski Most to the Manja ca camp Sanski Most/ Banja Luka municipality."
"887. A Bosnian Muslim detainee was beaten with truncheons by two soldiers outside a Bosnian Serb army position in Magarice,2208 after he was taken before Colonel Basara.2209 When he was transferred to the SUP, he was unable to lie down as a result of his injuries, because he was severely beaten.2210"
"892. Detainees at the SUP were Bosnian Muslim and Bosnian Croat men.2217 Almost all were prominent citizens.2218 Detainees were beaten with police batons, rifle butts, fists and feet.2219 Detainees witnessed the beatings of other detainees.2220 They were forced to display the three-fingered Serbian salute, and to sing Serbian songs.2221"
"2217. BT-61, ex. P1976, 92bis statement, 2978915 (under seal); Mehmed Tenic, T. 16861; Ferid Mahalbasic, ex . P1962, 92bis statement, 1034060; BT-95, T. 19551 (closed session).
2218. Mehmed Kopic, ex. P1964, 92bis statement, 1034036.
2219. BT-61, ex. P1976, 2978915 ( under seal); Ferid Mahalbasic, ex. P1962, 92bis statement, 1034060.
2220. Mehmed Tenic, T. 16861.
2221. BT-61, P1976, 92bis statement, 2978915 (under seal); Ferid Mahalbasic, ex. P1962, 92bis statement , 1034060."
"896. Detainees were beaten with fists, feet, batons, chains, baseball bats and cables.2226 Detainees were beaten daily.2227 Detainees witnessed the beatings and deaths of other inmates as a result of the beatings.2228 They were forced to extend the three-fingered Serbian salute and sing Serbian songs.2229 Detainees were subjected to ethnic slurs.2230
897. Beatings were administered by the Bosnian Serb reserve police, and by the 'Mice' paramilitary group, and the worst shift was headed by the Bosnian Serb reserve police officer "Tomo" Mihajlovic.2231"
"2226. BT-61, ex. P1976, 92bis statement, 2978916-2978917 (under seal); Mehmed Tenic, T. 16871.
2227. BT-61, ex. P1976, 92bis statement, 2978916 (under seal); Ferid Mahalbasic, ex. P1962, 92bis statement , 1034061.
2228. BT-61, ex. P1976, 92bis statement, 2978916-2978917 (under seal); Mehmed Tenic, T. 16872, T. 16937-16938 ; Ferid Mahalbasic, ex. P1962, 92bis statement, 1034061. See A. 2. supra, "The killing of a number of men on the premises of the Public Security Service and the Territorial Defence building in Teslic, and in the Pribinic prison Teslic municipality".
2229. BT-61, ex. P1976, 92bis statement, 2978916 (under seal); Ferid Mahalbasic, ex. P1962, 92bis statement , 1034061.
2230. BT-61, ex. P1976, 92bis statement, 2978917 (under seal).
2231. Ferid Mahalbasic, ex. P1962 , 92bis statement, 1034061; BT-61, ex. P1976, 92bis statement, 2978916 -2978917 (under seal)."
"901. At Pribinic, detainees were beaten with police batons, rifle butts and chains, clubs, feet, rubber sticks, chains and wooden objects.2239 Detainees were beaten daily.2240 Some still suffer the serious physical effects of those beatings.2241 The Trial Chamber has already found that several men died as a result of the beatings.2242 Detainees witnessed the beatings 2243 and deaths of other detainees, including that of a mentally impaired man.2244
902. The beatings were administered by the Bosnian Serb military police2245 and, on one occasion, by three Bosnian Serb soldiers who came into the camp.2246 Dragan Babic, the camp commander, was particularly brutal, and personally administered beatings.2247
903. During their stay in Pribinic, detainees were interrogated by Aleksa Jovic, deputy commander of the military police.2248 At some point, Aleksa Jovic ordered that Dragan Babic and some other guards be replaced in view of their brutality. A new commander was appointed by the name of Radic. Despite this, the beatings continued.2249 Detainees complained again to Aleksa Jovic, but to no avail.2250"
"2239. BT-61, ex. P1976, 92bis statement, 2978919 (under seal); BT-64, T. 16968-16969.
2240. BT-64, T. 16975.
2241. BT-64, T. 16982, 17010.
2242. BT-64, T. 16975-16976. See A. 2. supra, "The killing of a number of men on the premises of the Public Security Service and the Territorial Defence building in Teslic, and in the Pribinic prison Teslic municipality".
2243. BT-61, P1976, 92bis statement, 2978919 (under seal).
2244. BT-64, T. 16977-16979.
2245. BT-61, P1976, 92bis statement, 2978919 (under seal).
2246. BT-64, T. 16978.
2247. BT-61, P1976, 92bis statement, 2978919 (under seal); BT-64, T. 16968.
2248. BT-64, T. 16974.
2249. BT-64, T. 16980-16981, 16997 .
2250. BT-64, T. 17003."
Prosecutor v. Samuel Imaninshimwe, Case No. ICTR-99-46-T, Judgement (TC), 25 February 2004, paras. 686, 692:
"692. The Chamber also finds that soldiers intentionally caused serious bodily injury to Witness MG and the three other detainees mistreated with him, given that Witness
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 633-634:
"Causing Serious Bodily or Mental Harm to Members of the Group
633. Regarding the requirement under Article 2(2)(b) that in order to be held liable by causing serious bodily or mental harm to members of the group, the International Law Commission has indicated that this covers two types of harm that may be inflicted on an individual, namely bodily harm which involves some type of physical injury and mental harm which involves some type of impairment of mental faculties. The International Law Commission further observed that the bodily or mental harm inflicted on members of a group must be of such a serious nature as to threaten its destruction in whole or in part.
634. Trial Chambers of the Tribunal have held that what is "bodily" or "mental" harm should be determined on a case-by-case basis and have further held that "serious bodily harm" does not necessarily have to be permanent or irremediable, and that it includes non-mortal acts of sexual violence, rape, mutilations and interrogations combined with beatings and/or threats of death. The Trial Chamber in Kayishema and Ruzindana considered "serious mental harm" to include more than minor or temporary impairment of mental faculties such as the infliction of strong fear or terror, intimidation or threat. The state of the law in this regard is aptly captured in the conclusion drawn by the Semanza Trial Chamber:
The Chamber adopts the foregoing standards pronounced in Akayesu and Kayishema and Ruzindana as to the determination of serious bodily or mental harm. In addition, the Chamber finds that serious mental harm need not be permanent or irremediable."
