The operative part of the Verdict, among other things, reads as follows:
Mitar Rašević, as the guards commander, in charge of supervising at least thirty-seven (37) prison guards, and Savo Todović, as the deputy warden of the Foča KP Dom, during the period from April 1992 to October 1994, participated in establishing and maintaining a system of punishment and mistreatment of detainees. In early July 1993, Savo Todović and other guards mistreated and beat one prisoner on his arms using a chain. Further, the operative part of the verdict holds that the guards under the command of Mitar Rašević and civil and military policemen entered the KP Dom and beat the detainees with batons, axe-handles and fists, asking them if they had hidden weapons. During the period from April 1992 to October 1994, Mitar Rašević and Savo Todović contributed to establishing and maintaining poor living conditions in the camp. Savo Todović threatened prisoners with serious bodily harm if they violated prison rules, attempted to escape or refused to work. All the time, the detainees were locked in the cells, except when they were lined up and taken to the canteen to eat or to work duties. Solitary confinement cells were used as a means of intimidation and threats. Due to such conditions, the health of many detainees was seriously deteriorated so in April or May 1992, two (2) detainees died, one (1) succumbed to the consequences of beating and one (1) committed suicide by hanging.
Mitar Rašević and Savo Todović, during the period from May 1992 to October 1994, participated in the establishment of a system of forced labour. Mitar Rašević monitored their assignments inside and outside the KP Dom and assigned guards that would take them to work, while Savo Todović made lists of which detainees would be working where and personally assigned tasks to detainees. During the period from July 1993 to October 1994, around eighty (80) detainees were transported from the Foča KP Dom to the detention facilities in Kalinovik, Rudo and “Kula”, so that no detainee remained at the Foča KP Dom, because on 4 or 5 October 1994, Mitar Rašević personally transported around sixty (60) detainees to the “Kula” detention facility. On or about 17 September 1992, between thirty-five (35) and sixty (60) detainees were taken out of the KP Dom compound for the alleged purpose of picking plums but were actually taken in an unknown direction. During the period from June 1992 to March 1993, at least two hundred (200) Muslim and other non-Serb detainees were deported and transferred to unknown places.
The accused are acquitted of charges that, during the period from April 1992 to October 1994, they participated in establishing and maintaining a system of punishment and mistreatment of detainees committed by the guards and the civil and military police and the military. During April and May 1992, after military policemen arrested and brought in three (3) civilians to the Foča KP Dom, they interrogated and beat them to force them to confess that they were members of the Party of Democratic Action (SDA). The beatings caused one (1) of civilians to faint twice. On at least two occasions, the guards and military policemen tortured and beat one (1) detainee, as a result of which he suffered three broken ribs. Further, the guards and military policemen abused seven (7) other detainees, one of whom suffered a broken jaw, and confined to the solitary cell.
The time that the accused spent in custody, pursuant to the Decision of the ICTY and the Decision of the Court of BiH, will be credited towards the sentence, namely for Mitar Rašević as of 15 August 2003 until the referral to serve the sentence, and for Savo Todović as of 15 January 2005 until the referral to serve the sentence.
Pursuant to the Decision of the International Criminal Tribunal for the former Yugoslavia of 4 September 2006, this case was referred to the authorities of BiH for further procedure. On 3 October 2006, the accused were transferred to the territory of BiH.
