The indictment confirmed by the ICTY charges Mitar Rašević and Savo Todović with the criminal offences of Crime against humanity and Violations of law or customs of war. The indictment alleges that before, during and after the war Mitar Rašević was the guards commander at the Foča Detention Facility (KP Dom). During the war, it is alleged, his primary duty was to supervise at least 37 prison guards.
Savo Todović was allegedly the second in command of the KP Dom prison staff from 20 April 1992 until 9 August 1993. According to the indictment, in the period from 10 August 1993 until 31 October 1994, he continued to perform the duty of an Assistant Warden in the KP Dom. The indictment, inter alia, alleges that from April until June 1992, Mitar Rašević and Savo Todović, together with other high level prison officials at the KP Dom, established a daily routine of beating of detainees. They allegedly prepared lists of detainees to be beaten especially during night-time interrogations.
The Tribunal's Referral Chamber ruled on 31 May 2006 that the case of Mitar Rašević and Another was not one that necessarily had to be tried before the Tribunal, and as such could be referred to the authorities in BiH, who were adequately prepared to process it further. Following an appeal from the accused Savo Todović, the ICTY Appeals Chamber affirmed the referral decision on 4 September 2006.
The decision to refer the Rašević case to BiH is the fifth referral decision by the ICTY.
The BiH Prosecutor's Office has filed a motion for custody with respect to Messrs Rašević and Todović and that motion is currently under consideration.
