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Vaniria Setser
Muslim women in Foca (southeastern Bosnia and Herzegovina) were subjected to a brutal regime of gang rape, torture and enslavement by Bosnian Serb soldiers, policemen and members of paramilitary groups after the takeover of the city in April 1992, according to a major indictment issued by the International Tribunal dealing specifically with sexual offences.
The indictment charges Dragan GAGOVIĆ, Gojko JANKOVIĆ, Janko JANJIĆ, Radomir KOVAĆ, Zoran VUKOVIĆ, Dragan ZELENOVIĆ, Dragoljub KUNARAC and Radovan STANKOVIĆ with crimes against humanity, grave breaches of the Geneva Conventions and Violations of the Laws or Customs of War. It was confirmed by Judge VOHRAH on 26 June 1996. Warrants for the accused's arrest were issued on 26 June and were sent to the Federation of Bosnia and Herzegovina and the Republika Srpska.
The indictment is of major legal significance as it is the first time that sexual assaults have been diligently investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity.
According to the indictment, the municipality of Foca was taken over by the Bosnian Serb Army, assisted by paramilitaries units, including some from Serbia and Montenegro, between April and July 1992. The soldiers separated men and women.
Muslim women, children and elderly persons were detained in houses, apartments and motels in the town of Foca or surrounding villages, and in short and long-term detention centres, such as Buk Bijela, Foca High School and Partizan Sports Hall. Additionally, several women were held in houses and apartments, which were run in the manner of brothels, by groups of mainly paramilitary soldiers .
Many of the detained women, some as young as 12 years of age, endured inhumane conditions of detention and were subjected to "humiliating and degrading conditions of life, to brutal beatings and to sexual assaults, including rapes (. . .)"
The detention and other abuses were carried out between April 1992 and February 1993, with the active or passive knowledge of the local Chief of Police, Dragan GAGOVIĆ, and other persons in positions of authority, as sub-commanders of the military police. On at least one occasion, GAGOVIĆ responded to a complaint about the ongoing sexual assaults by later raping the woman who protested.
Among the purposes of the assaults were to extricate information from the women about the whereabouts of their menfolk and the existence of any armed resistance; to punish and intimidate them; and for reasons based upon discrimination.
These and other women were subjected to almost constant rape and sexual assaults; torture; and other abuses. According to the indictment: "The physical and psychological health of many female detainees seriously deteriorated as a result of these sexual assaults. Some of the women endured complete exhaustion, vaginal discharges, bladder problems and irregular menstrual bleedings. The detainees lived in constant fear. Some of the sexually abused women became suicidal. Others became indifferent as to what would happen to them and suffered from depression (. . . )"
While all of the women mentioned in the indictment suffered horrendous and unrelenting abuses, the ordeal endured by the young girl referred to in the indictment as FWS-87 exemplifies the pattern of violations experienced by these women.
Only 15-years of age when she was first detained in July 1992, the Prosecutor has alleged that FWS-87 was subjected to at least eight months of routine torture, including gang rape, and enslavement at the hands of accused such as JANKOVIĆ, JANJIĆ, KOVAĆ, VUKOVIĆ, ZELENOVIĆ, KUNARAC and STANKOVIĆ and countless other unidentified soldiers.
FWS-87 was first detained at the Buk Bijela complex on the River Drina on or about 3 July 1992. There, she was interrogated by Dragan ZELENOVIĆ and three unidentified soldiers, each of whom raped her in turn. One of the soldiers put a gun to her head as he raped her. FWS-87 suffered severe pain during the attack, followed by heavy vaginal bleeding.
Between 3 and 13 July 1992, FWS-87, together with at least 72 other Muslim inhabitants of Foca, was transferred to Foca High School. FWS-87 was one of several women who, from the second day of their detention, were sexually assaulted, including gang-raped every evening, by groups of soldiers, either in the class-rooms or in nearby apartments. The soldiers consisted of members of the military police and referred to themselves as "Cosa's Guards", after the local commander of the military police, Cosovic. Amongst the perpetrators were the accused JANKOVIĆ, ZELENOVIĆ, JANJIĆ and VUKOVIĆ.
Between 8 and 13 July, the accused Dragan ZELENOVIĆ led a group of soldiers that sexually abused FWS-87 and another young woman at Foca High School on at least five occasions additional to the one described above.
During this same period, FWS-87 was taken from Foca High School to a nearby apartment owned by ZELENOVIĆ on at least five occasions. There, she was raped by Zoran VUKOVIĆ and Dragan ZELENOVIĆ .
Around 13 July 1992, FWS-87 and the other detainees at Foca High School were transferred to the Partizan Sports Hall. While being held there, until about 2 August 1992, FWS-87 and other female detainees were continuously raped and otherwise sexually assaulted by innumerable soldiers and by the accused Dragan ZELENOVIĆ, Zoran VUKOVIĆ and Dragoljub KUNARAC with the actual or constructive knowledge of the accused Dragan GAGOVIĆ. FWS-87 became suicidal as a result of these sexual assaults.
FWS-87, along with other Muslim women, was transferred on 2 August 1992 to a house in Foca which was owned by a Muslim who lived in Germany. Some of these women were as young as 12 years of age. The house was run in the manner of a brothel by the accused Radovan STANKOVIĆ. The women were kept there until 30 October 1992.
FWS-87 and the other women held at the house were not only treated as sexual slaves but were also forced to work for the soldiers, including washing uniforms, cooking and cleaning the house. FWS-87 was also forced to clean and cook for other soldiers in other buildings. FWS-87's suicidal feelings continued throughout this period.
On or about 30 October 1992, FWS-87, together with other Muslim girls and women, were taken away from the house and were detained in different houses and apartments, where they were subjected to sexual assaults. They were raped and otherwise sexually assaulted on numerous occasions by the accused Dragan ZELENOVIĆ, Gojko JANKOVIĆ and Janko JANJIĆ.
Between 31 October 1992 and about 25 February 1993, FWS-87 was enslaved by Radomir KOVAĆ in an apartment block in Foca. She and other detained women were not only frequently sexually assaulted, including by the accused KOVAĆ, but were also forced to perform household chores.
- to pay specific attention to gender-related crimes. As stated recently by Justice Goldstone: "We have always regarded it as an important part of our mission to redefine and consolidate the place of these offences in humanitarian law."
six held positions of authority as Chief of Police in Foca (Dragan GAGOVIĆ) or sub-commanders of the military police (Gojko JANKOVIĆ; Janko JANJIĆ; Radomir KOVAĆ; Zoran VUKOVIĆ; and Dragan ZELENOVIĆ).
Today's indictment charges the eight accused with a total of 62 counts of crimes against humanity; grave breaches; and violations of the laws and customs of war. These charges specifically relate to the crimes: rape; torture; outrages upon personal dignity; persecution on political, racial and/or religious grounds; wilfully causing great suffering; enslavement; and inhuman treatment.
Numerous domestic security forces operated throughout the country. The regular armed forces and domestic law enforcement bodies generally maintained order within the country, although some armed groups operated outside of government control. Iraqi Security Forces (ISF) consist of administratively organized forces within the Ministries of Interior and Defense, and the Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. Energy police, under the Ministry of Oil, are responsible for providing infrastructure protection. Conventional military forces under the Ministry of Defense are responsible for the defense of the country but also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior. The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces. The National Security Service (NSS) intelligence agency reports directly to the prime minister.
The two main Kurdish political parties, the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), each maintained an independent security apparatus. Under the federal constitution, the Kurdistan Regional Government (KRG) has the right to maintain internal security forces, but the PUK and KDP separately controlled additional Peshmerga units. The constitution also allows for a centralized, separate Asayish internal security service; however, KDP and PUK each maintained Asayish forces. The KDP and PUK also maintained separate intelligence services, nominally under the KRG Ministry of Interior.
Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain Iran-aligned PMF units. Poorly defined administrative boundaries and disputed territories between the Iraqi Kurdistan Region (IKR) led to confusion over the jurisdiction of security forces and the courts.
The country experienced large-scale protests in Baghdad and several Shia-majority governorates beginning in early October. Demonstrators gathered in the streets to reinforce their demands for an end to corruption and a restructuring of the government. Civilian authorities quickly lost control of the situation. Security and armed groups, including PMF forces, responded with live ammunition, tear gas canisters shot as projectiles, and concussion grenades, in an attempt to suppress the demonstrations. By official accounts, as of December 17, more than 479 civilians were killed and at least 20,000 were injured. While one general and several officers were under investigation, efforts to achieve accountability were limited.
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