SUD BOSNE | HERCEGOVINE CYA BOCHE H XEPHETOBHHE Number: X-KR-05/04 Sarajevo, 11 July 2006 THE NAME OF BOSNIA AND HERZEGOVINA Court of Bosnia and Herzegovina, in the Panel comprised of Judges Dragomir Vukoje, as the Presiding Judge, Richard Gebelein and Georges Reniers as the members of the Panel, with the participation of Legal Officer Sacit Had7ié, as the record-taker, in the criminal case against the accused Boban Simsié, for the eriminal offence of Crime against Humanity in violation of Article 172 (1) (h) in conjunction with items a), d), €), 9, g), i) and k) of the Criminal Code of Bosnia and Herzegovina (hereinafter: CC of BiH), deciding upon the Indictment of the Prosecutor's Office of Bosnia and Herzegovina No. KT-RZ-2/05 dated 28 June 2005, confirmed on 8 July 2005, following the oral and public main trial a part of which was closed to the public,, on 11 July 2006. in the presence of Tbro Bulié, the Prosecutor of the Proseculor’s Office of Bosnia and Herzegovina, the accused Boban Sim&ié in person and his defence counsel Veliko Civ8a, an attomey from Sokolac, rendered and publicly announced the following VERDICT The accused BOBAN SIMSIC, son of Slobodan and mother Jelena, nee Mosié, born in Visegrad on 17 December 1967, with permanent residence in the village of Zlijeb at No. 35, Vi8egrad Municipality, Serb, police officer by occupation, completed secondary education ~ locksmith, married, father of wo minor children, served the military in 1986 in Stip, registered in the military records of the Municipal Department of the Ministry of Defence in Vi8egrad, has not been decorated, indigent, no previous convictions, no other criminal proceedings pending against him, citizen of BiH, personal 1D number 1712967133647, has been held in custody since 24 January 2005 {8 IIEREBY FOUND GUILTYBecause During the time of a widespread and systematic attack of the Serb Army, Police, and paramilitary Serb formations directed against the Bosniak civilian population in the territory fof the Vigegrad Municipality, in the period from April to July 1992, he assisted in the enforced disappearance of persons and assisted in the rape, inasmuch as he 3.b) On an undetermined date, in the second half of June 1992, he assisted Milan Lukié and other members of the Serb Army, Police and paramilitary formations in taking away the imprisoned Bosniak civilian, namely Ismet Bulatovi¢, Semso Poljo, Eniz Smajié from the premises of the Elementary Schoo! Hasan Veletovac in ViSegrad where the civilians were imprisoned, after which they have been unaccounted for; 5.2) During the second half of June 1992, at night time the accused singled out girls and young women who were unlawfully held captive in the premises of the Elementary School Hasan Veletovac and took them away in order to procure them to other members of the Serb Army, who carried out multiple rapes, beating and humiliation of several female persons. including Latifa Hodzi¢, Fata Sabanovié, Naila Ahmetagi¢, nee Rami¢, Amira Nuhanovi¢ aka, Dada, Razija Hurem, Senada Hurem, Zineta Murtié, Mula Uzi¢anin, Alma Hafizovié: Therefore, By actions described under Counts 5.b) and 5.e) of this Verdict, as part of the widespread and systematic altack directed against the Bosniak civilian population, being aware of such attack, he assisted the members of the Serb Army in carrying out enforced disappearance of persons and assisted the members of the Serb Army in coercing another by force or by threat of immediate attack upon his limb to sexual intercourse or an equivalent sexual act (rape), + whereby he committed the criminal offence of Crimes against Humanity in violation of Article 172 (1) of the CC of BiH in conjunction with item i) ~ in relation ta the Section [.5.b) of the operative part — and item g) in relation to the Section 1.5.e) of the operative part, all in conjunction with Article 31 (Accessory) of the CC of BiH, and therefore pursuant to the quoted legal regulations and applying the provisions of Articles 39, 42, 48, 49, 50 and 56 of the CC of BiH, the Court is hereby SENTENCING HIM To imprisonment of 5 (five) years which shall include the time the accused spent in custody starting on 24 January 2006 onwards. By virtue of Article 188 (4) of the CPC of BiH, the accused shall be relieved of the duty to reimburse the costs of the criminal proceedings. Pursuant to Article 198 (1) of the CPC of BiH, the injured parties: Nail Ramié, Ibruméa Agic, Cura Gluscevié, Hedija Hodzié, Naila Ahmetagié, Hasena Bajramovié, Vasvija Gluscevi Hajrija Kapetanovié, Almasa Ahmetspahié, Hamdo Ahmetspahi¢, Almir Aljié, Salet Sud Bosne i Hercegovine, Sarajevo, ul. Kraljice Jelene br. 88; Telefon ++ 387 33 707 100; Fax: ++ 387 33 707 227Ahmetspahié, Thro Memié, Mula Uziéanin, Fehima Caki¢, Sajma Sabanovic, Rusmira Bulatovié, Fatima Poljo, Latifa Hodzié, Kada Spahié, Fata Sabanovis, Sevka Sehié, Razija Horem, Timka Kapetanovié, Haga Hadzié and Ramiza Sabanovié shall be referred to civil action concerning their claims under property law. 0. Pursuant to the provision of Article 284 (c) of the CPC of BiH, the accused Boban Simsi¢ IS ACQUITTED OF CHARGES ‘That 1.b) On 17 June 1992, together with a group of several members of the Serb Army and Police, armed with rifles, he participated in the attack and unlawful arrest and incarceration of several dozens of civilians from the village of Zlijeb, amongst whom there were women, children and men, having first fired rifles at the Bosniak houses, after which they ordered them 10 leave their houses and property and gather at the location of Carina, where they crammed them into the trucks and transported to the premises of the Firehouse in Viiegrad. where they held them captive: 2. On 18 June 1992, around 10:00 a.m, together, in a group of several members of the Serb Army and Police, armed with rifles, he participated in the attack on the village of Kuka in the Visegrad Municipality, and the arrest and unlawful imprisonment of several dozens of Bosniak civilians, including women, children, and men, by suddenly opening fire from their rifles at the Bosniak houses, setting ablaze the residential and business facilities owned by the Bosniaks, killing Omer Karigik and RedZo Sabanovié after they had previously beaten them up, killing Mirsad Karisik a.k.a, “Kemo” during the attack, and finally taking away all the inhabitants of the Kuka village and incarcerating them in the Elementary School Hasan Veletovac in Visegrad: 3. On 25 July 1992, together, in a group consisting of approximately ten members of the Serb Army and Police, he participated in the attack on the village of Velji Lug in the Visegrad Municipality during which they, armed with rifles, killed Medihs Ahmetspahié, Amela Ahmetspahié, Razija Ahmetspahic, Fata Suéeska, Safet Aljié, Latifa Ahmetspahic, Smaila Memisevig, set ablaze the houses and business facilities owned by Bosniaks and took away several dozens of the Bosniak civilians, including women, children and men, and unlawfully detained them in the premises of the Elementary Schoo! Hasan Veletovac in Videgrad: 4.a) On an undetermined date in the second half of June 1992, he took five girls and five young women, including Hedija Hod2ié, out of the room in the Firchouse in Vigegrad where the Bosniak civilians were detained, and took them to the adjoining room, beating them first with batons and kicking them together with two Serb soldiers and then, after all the girls and women had stripped naked upon his order, they raped them by turns, which lasted for two Sud Bosne i Hercegovine, Sarajevo, ul. Kraljice Jelene br. 88; Telefon ++ 387 33 707 100; Fax: ++ 387 33 707 227