http://www.un.org/icty/latest/index.htm
The Hague, 10 March 2005
JL/MOW/946e
INDICTMENT AGAINST RAMUSH HARADINAJ, IDRIZ BALAJ AND LAHI BRAHIMAJ RELEASED
TO THE PUBLIC
Today, 10 March 2005, the International Criminal Tribunal for the former
Yugoslavia released the detailed charges against Ramush Haradinaj, Idriz
Balaj and Lahi Brahimaj. The indictment was confirmed on 4 March 2005, by
Judge Bonomy.
THE ACCUSED
Ramush Haradinaj, also known as "Smajl" was born on 3 July 1968 in
Glodjane/Gllogjan in the municipality of Decani/Deēan in Kosovo. At all
times relevant to the indictment, he was a commander of the Kosovo
Liberation Army (KLA) and had overall command of the KLA forces in one of
the KLA operational zones, called Dukagjin. He was one of the most senior
KLA leaders in Kosovo. This operational zone encompassed the municipalities
of Pec/Pejė, Decani/Deēan, Djakovica/Gjakovė, and part of the municipalities
of Istok/Istog and Kline/Klinė.
Idriz Balaj, also known "Toger/Togeri" or "Lieutenant" was born on 23 August
1971 in Iglarevo/Gllarevė in the municipality of Kline/Klinė in Kosovo. At
all times relevant to the indictment, he was a member of the KLA and acted
as the commander of the special unit known as the "Black Eagles". He was
subordinate to Ramush Haradinaj, reported directly to him, and worked
closely with him.
Lahi Brahimaj, also known as "Maxhup" or "Gipsy" was born on 26 January 1970
in Jablanica/Jabllanicė in the municipality of Djakovica/Gjakovė in Kosovo.
He is a close relative of Ramush Haradinaj. At all times relevant to the
indictment, he was a member of the KLA and acted as the Deputy Commander of
the Dukagjin Operative Staff or as the Dukagjin zone contact person to the
KLA General Staff. Stationed in Jablanica/Jabllanicė, he was subordinate to
Ramush Haradinaj, reported directly to him, and worked closely with him.
According to the indictment, Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj
are individually criminally responsible for planning, instigating, ordering,
committing, or otherwise aiding and abetting the commission of the alleged
crimes. "Committing" does not mean that the three accused necessarily each
physically committed all of the crimes charged. "Committing" in this
indictment includes the participation of each of the accused in a joint
criminal enterprise.
JOINT CRIMINAL ENTERPRISE
The indictment alleges that the joint criminal enterprise of which the
accused were members came into existence on or before April 1998 and that
it's purpose was the consolidation of total control of the KLA over the KLA
operational zone of Dukagjin by attacking and persecuting certain sections
of the civilian population there, namely the unlawful removal of Serb
civilians from that area, and the forcible, violent suppression of any real
or perceived form of collaboration with the Serbs by Albanian or Roma
civilians there. The criminal purpose included the intimidation, abduction,
imprisonment, beating, torture and murder of targeted civilians.
THE CHARGES
Ramush Haradinaj is charged with:
17 counts of crimes against humanity - Article 5 of the Tribunals Statute:
persecution (harassment, inhumane acts, destruction of property, unlawful
detention, deportation or forcible transfer of civilians, murder, rape);
inhumane acts; deportation and other inhumane acts; imprisonment and other
inhumane acts; murders and other inhumane acts; rape and other inhumane
acts, and
20 counts of violations of the laws or customs of war Article 3 of the
Tribunals Statute: cruel treatment; murders; rape.
Idriz Balaj and Lahi Brahimaj are charged with:
16 counts of crimes against humanity - Article 5 of the Tribunals Statute:
persecution (harassment, inhumane acts, unlawful detention, deportation or
forcible transfer of civilians, murder, rape); deportation and other
inhumane acts; imprisonment and other inhumane acts; murders and other
inhumane acts; rape and other inhumane acts, and
19 counts of violations of the laws or customs of war - Article 3 of the
Tribunals Statute: cruel treatment, murders, rape.
All crimes alleged in the indictment occurred between 1 March 1998 and 30
September 1998 in the territory of Kosovo in the former Yugoslavia and were
directed against the Serb civilian population and those members of the
Albanian and Roma/Egyptian civilian population in Decani/Deēan, Pec/Pejė,
Djakovica/Gjakovė, Istok/Istog and Kline/Klinė municipalities perceived to
be collaborators or not supporting the KLA.
FACTUAL ALLEGATIONS
The indictment alleges that after 24 March 1998, KLA forces under the
command and control of Ramush Haradinaj mounted a systematic campaign to
seize control of the area between villages of Glodjane/Gllogjan and
Decani/Deēan and particularly the villages of Dubrava/Dubravė, Rznic/Irzniq,
Ratis/Ratishe and Dasinovac/Dashinoc in order to drive ethnic Serbs out of
the villages where they were living and that they also continued to launch
attacks against the camp of refugees of Babaloc/Baballoq near Decani/Deēan
(this camp had been the target of similar KLA attacks since 1997).
The indictment states that the KLA forces under the command and control of
Ramush Haradinaj, including the "Black Eagles" under the direct command of
Idriz Balaj harassed, beat or otherwise drove Serbian civilian and
Roma/Egyptian civilians out of these villages, and killed those civilians
that remained behind or had refused to abandon their homes and that they
continued to mount similar attacks against the Serb and Roma/Egyptian
civilians, as well as Albanian civilians perceived as collaborators. The
indictment further states that many abductions by KLA forces took place in
the Dukagjin zone and that tens of civilians went missing. The indictment
also alleges that the KLA forces acting under the command and control of
Ramush Haradinaj had full control of the operational zone and did not
tolerate the presence of any other Albanian factions fighting against the
Serbs, such as the Armed Forces of the Republic of Kosovo ("FARK").
The indictment alleges that in the second half of May 1998, a make-shift
detention centre was established at the KLA headquarters in
Jablanica/Jabllanicė and that between then and August 1998, at least 16
non-combatants were detained, beaten and tortured there. One is known to
have died while the others are still missing.
The indictment also states that during the end of August and the beginning
of September 1998, Serb forces temporarily retook the area surrounding
Glodjane/Gllogjan and that a Serbian forensic crime scene team conducted an
investigation in the vicinity of the canal leading to Lake Radonjic/Radoniq,
the Ekonomija Farm in Rznic/Irzniq and the road leading to
Dasinovac/Dashinovc. They identified at least 39 bodies and partial remains.
Several of these remains have been identified as those of Serb, Roma and
Albanian civilians who disappeared between April and early September 1998 in
the Dukagjin area.
The indictment alleges that, as commander of the Dukagjin Operational Zone,
Ramush Haradinaj ensured that the KLA forces under his control operated in a
structured and disciplined manner, provided overall control of planning and
organisation of operations, and established a system whereby individuals
were targeted for abduction, mistreatment and murder, and whereby a
systematic attack on vulnerable sections of the civilian population was
carried out; that by excluding all rival KLA forces, Haradinaj secured power
for his own troops within his zone, and by attacking Serb forces in rural
areas gave his own troops freedom to dominate and persecute vulnerable
sections of the civilian population; that he used his own house as a centre
of operations, and used his other Haradinaj family member resources and the
support of his family members to further the consolidation of this power and
his persecution of civilians. The indictment alleges that Haradinaj
appointed and maintained his co-accused in positions of responsibility and
condoned and encouraged their criminal conduct in such positions. It further
states that on some occasions, Haradinaj personally ordered, controlled and
participated in beatings of persons detained by his forces and taking no
active part in hostilities, and on other occasions by his presence and tacit
or overt approval of such criminal conduct he, in his position as Commander,
encouraged and instigated criminality by members of his own forces. The
indictment also alleges that Haradinaj controlled the continued detention or
release or medical treatment of persons held by the KLA in his operational
zone, that he participated in the abduction of persons who were later found
murdered and that on at least one occasion, he gave his tacit approval as
Commander for detained persons to be executed.
The indictment alleges that as Commander of the "Black Eagles" Special Unit,
Idriz Balaj worked closely with Ramush Haradinaj and provided direct
operational support for his activities, that he personally, and using
soldiers under his command, repeatedly abducted, beat, mutilated, tortured
and murdered civilians and detained persons taking no active part in
hostilities, that he raped a Roma/Egyptian woman, that he personally visited
the Jablanica/Jabllanicė detention centre, mutilated and tortured a prisoner
there and, by his presence as a KLA commander, provided his tacit or overt
approval for persecution and criminal conduct by other KLA soldiers there
and knew that the facility was operating in a persecutory and criminal
fashion. The indictment also states that Balaj attempted to prevent enquiry
into and to conceal the abduction and murder of civilians and the disposal
of their bodies at Radonjic/Radoniq Lake.
The indictment also alleges that as Deputy Commander of the Dukagjin
Operative Staff and the responsible local KLA commander, Lahi Brahimaj ran
the KLA detention facility at Jablanica/Jabllanicė, ordered, supervised and
participated in the beating and torture and murder of persons who were
detained there and that he personally abducted one civilian and took him to
the Jablanica/Jabllanicė detention facility where he was repeatedly beaten,
and personally took him from the detention facility to a potential place of
execution.
Hartmut Purner
Deputy Director Democratization Department
[EMAIL PROTECTED]
+381-38-500 162 ext.161
mob: +377-44-500 214
Srpska Informativna Mreza
sim@antic.org
http://www.antic.org/
