The Accused
Remains of victims of the Genocide in Ključ (part of the 1991-95 Bosnian Genocide). Photograph (1996) by Howard Davies.
On 20 March 2008 the Court of Bosnia-Herzegovina issued a decision ordering Marko Adamović and Boško Lukić into custody. The Appellate Panel of the Section I for War Crimes of the Court of Bosnia and Herzegovina (BiH) issued a Decision terminating custody of Marko Adamović and imposing prohibitive measures on the accused on 24 February 2009.
On 2 July 2008 the Court has issued a decision on the joinder of cases Marko Adamović and Another (X-KR-05/119) and Vinko Kondić (X-KR-05/155), so that a single proceeding shall be conducted under the common name and number Marko Adamović and Others (X-KR-05/119).
On 13 September 2010, deciding upon the motion filed by Defence Counsel for the accused Kondić, the Court of Bosnia and Herzegovina issued a Decision separating the proceeding in relation to Vinko Kondić; therefore from now on the proceeding shall be conducted under the case number of Vinko Kondić (X-KR-05/119-1) while the proceeding in relation to Marko Adamović and Boško Lukić shall continue to be conducted under the case number of Marko Adamović and another (X-KR-05/119).
Factual grounds of the Indictment:
The Indictment alleges that from April to December 1992 Boško Lukić and Marko Adamović, together with other members of the Crisis Staff of the Ključ Municipality, planned, prepared, instigated, aided and abetted and participated in the campaign of persecution of the non-Serb population of the Ključ Municipality.
Boško Lukić acted as the Commander of the Territorial Defense Staff of the Ključ Municipality, a member of the Crisis Staff of the Ključ Municipality and a member of the Ključ Town Defense Command, while Marko Adamović acted as a member of the Crisis Staff of the Ključ Municipality, Commander of the Ključ Town Defense Command and the Deputy Commander of the Ključ Battalion of the Territorial Defense.
Among other things, the Indictment alleges that after the shelling of the Ključ settlements Pudin Han and Velagići, inhabited by the Bosniak population, on 28 May 1992, all the civilian population was called to gather near the Community Center in Velagići. After civilians gathered in front of the Centre, they were ordered to go in front of the Ključ Public Security Station. While going towards the Ključ Public Security Station, the civilians were allegedly stopped at a police checkpoint and the men were separated from the women and children.
After the separation, the women and children were released without a right to return to their homes, while the men were interrogated and registered, and then some of them were released, while more than 200 of them were allegedly deprived of liberty and imprisoned on the premises of the Primary School Nikola Mačkić. The Indictment further alleges that since 27 May 1992 the army and the police searched villages and settlements in the Ključ Municipality inhabited by the Bosniak population and that civilians were arrested and brought to the detention facilities established in the primary school in Sanica, the primary school Nikola Mačkić in Ključ, the former railway station in Sanica and the Ključ Public Security Station.
The Indictment also states that civilians were called via the radio station Ključ to gather at designated locations, where they were interrogated while being physically and mentally abused. After the detained civilians were interrogated, they were allegedly transported under police escort to the camp on Manjača.At least 1161 men were allegedly transported in that way. The Indictment alleges that during May, June and July 1992 the police and the army attacked places inhabited by Bosniaks, captured civilians, and mentally and physically abused them.
It follows from the Indictment that the persons who were released to go home after having been imprisoned and those who were not imprisoned at all were expelled during the mentioned attacks on the non-Serb settlements from May to June 1992, while more than 300 civilians were killed. In addition, the accused have been charged with planning and inciting the attack and destruction of business and religious facilities of the non-Serb population in the Ključ Municipality.
Counts of the Indictment:
The Indictment charges Marko Adamović and Boško Lukić with Crimes Against Humanity under Article 172(1)(h) (persecution) of Criminal Code of BiH (CC BiH) in conjunction with the following items:
a) Depriving another person of his life (murder),
b) Extermination,
d) Deportation or forcible transfer of population,
f) Torture,
i) Enforced disappearance of persons, and
k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to physical or mental health.
In conjunction with the criminal offense of Organising a Group of People andInstigating the Perpetration of Genocide, Crimes against Humanity and War Crimes under Article 176(2)(1)(4) of the CC BiH, all in conjunction with Article 180(1)(2) (individual and command criminal responsibility) and Article 29 (Accomplices) of the CC BiH.
Course of the proceedings:
The Court confirmed the Indictment on 9 June 2008.
At the plea hearing held on 18 June 2008 the accused Marko Adamović and Boško Lukić plead not guilty.
The main trial commenced on 2 September 2008.
On 30 May 2011, the Court pronounced the first-instance Verdict in the Marko Adamović et al. (S1 1 K 003359 08 KrI) case acquitting the accused Marko Adamović and Boško Lukić that they committed criminal offence of Crimes against Humanity under Article 172(1) item h) of the Criminal Code of BiH and all in conjunction with Article 180(1) of the CC of BiH.
The Accused
Vinko Kondić born on 25 September 1959 in Donje Sokolovo, Municipality of Ključ.
On 6 December 2007 the Court issued a decision ordering Vinko Kondić into custody. The Court confirmed the Indictment on 4 March 2008. At a plea hearing held on 7 April 2008 the Accused pleaded not guilty.
Status Conference was held on 20 June 2008.
The Court has issued a decision on the joinder of cases Marko Adamović and Another (X-KR-05/119) and Vinko Kondić (X-KR-05/155), so that a single proceeding shall be conducted under the common name and number Marko Adamović and Others (X-KR-05/119).
On 13 September 2010, deciding upon the motion filed by Defence Counsel for the accused Kondić, the Court of Bosnia and Herzegovina issued a Decision separating the proceeding in relation to Vinko Kondić; therefore from now on the proceeding shall be conducted under the case number of Vinko Kondić (X-KR-05/119-1) while the proceeding in relation to Marko Adamović and Boško Lukić shall continue to be conducted under the case number of Marko Adamović and another (X-KR-05/119).
Factual allegations in the Indictment:
The Indictment alleges that since June 1991 the accused Kondić, as a member of the Executive Committee of the SDS Municipal Organization in Ključ, the Commander of the Ključ Police Station (SJB), a member of the Ključ Crisis Headquarters and a member of the Ključ Defence Council, together with other members of the SDS as well as with the military and civilian authorities in the Ključ Municipality, took part in the perpetration of criminal offences against Bosniak and Croat civilians.
On 18 November 1991, the accused Kondić undertook activities aimed at stopping a convoy of refugees from Slunj, Republic of Croatia. On this occasion, the police under the command of Vinko Kondić took out from the bus and deprived of liberty able-bodied Croat male civilians, 30 of them at least. Having been tortured in the Police Station (SJB) Ključ, the civilians were transported into the previously formed camp „Stara Gradiška“.
The Indictment further alleges that during the period from 27 May 1992 to late August 1992 the military and the police searched the villages and settlements in Ključ, Sanica and other villages inhabited by the Bosniak population. On this occasion, civilians were unlawfully arrested and taken to the detention facilities of the elementary schools in Sanica and „Nikola Mačkić“ in Ključ, the former railway station in Sanica and the Police Station (SJB) Ključ.
During the unlawful arrest at least 1161 men were escorted by the police and transported to the Manjača Camp. Immediately upon the arrival in the Camp, one civilian died due to the punching injuries sustained, while two more civilians died in the Manjača Camp. The Indictment further alleges that on 10 July 1992 the military entered into the villages and hamlets of the Ključ Municipality. On this occasion, all detained men were taken to the premises of the Elementary School in Donji Biljani. Some of these men were put on buses, taken into an unknown direction and killed, so that on 10 July 1992 at least 219 persons were killed.
Counts of the Indictment:
The Indictment charges Vinko Kondić with the following crimes:
- Crimes Against Humanity under Article 172(1)(h) (persecution) of Criminal Code of BiH (CC BiH) in conjunction with the following items:
a) Depriving another person of his life (murder),
b) Extermination,
d) Deportation or forcible transfer of population,
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
f) Torture,
i) Enforced disappearance of persons, and
k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to physical or mental health.
- Organising a Group of People and Instigating the Perpetration of Genocide, Crimes against Humanity and War Crimes under Article 176(2)(1)(4) of CC BiH.
All in conjunction with Article 180(1)(2) (individual and command criminal responsibility) and Article 29 (Accomplices) of CC BiH.
Course of the proceedings:
On 6 December 2007 the Court issued a decision ordering Vinko Kondić into custody. The Court confirmed the Indictment on 4 March 2008. At a plea hearing held on 7 April 2008 the Accused pleaded not guilty.
On 14 September 2010 the Court of Bosnia and Herzegovina (BiH), issued a Decision terminating the custody of the accused Kondić and imposing the following prohibitive measures:
Ban on leaving the place of residence without prior consent of the Court;
Ban on travelling, including seizure of the driver’s license, travel document along with the ban on the issuance of a new one, as well as the ban on the use of ID card for crossing the state border.
