10 15 20 25 30 35 40 45 50 55 Peto qnse \e a 2? 18 et v7 6 EXTRADITION UNIT. ATTORNEY-GENERAL'S DEPARTMENT Robert Garran Offices National Circuit BARTON ACT 2600 AUSTRALIA Reference: DRAGAN VASILIKOVIC, bom 1954 submission of the Decision on custody for the purpose of temporary amest ‘Atthe request af the Extradition Unit ofthe Australian Attorney-Genera's Department whic ies foenanted! to us via Interpol Zagreb on 17 Juary 2006 and following the Guidetines for Fa aiton of 8 December 2004 from the Attomey-General’s Department, the Ministry of Justice of the Republic of Croatia has the honor to provide for the purpose of temporary arrest attached to ‘his leter certified copy of the Decision on investigation and eustody No. Kio-86/05 of 12 December 2005 taken by the County Court in Sibenik (with the English translation) for DRAGAN VASILIKOVIG, inown as Captain Dragan, a son of Zivorad, bom in Belgrade on 12 December 1954, # national of Serbia and Montenegro and Australie, presently with an wnlnown residence, also known under the name of Daniel Snneden, who hes been charged with two criminal offences of war crime against prisoners of war under Article 122 of the Basic Criminal Code of the Republic of Croatia end with one Cininal offence of war crime against civil population under Article 120 Paragraphs 1 and 2 of the Basic Criminal Code of the Republic of Crostis10 15 20 5 30 35 40 45 50 55 Description of the accused Dragan Vasiljkovié's punishable conduct: 1 During June and July 1991 in the town of Kain, which was the theatre of an armed conflict between the armed forced of the Republic of Croztia and the armed Serbian paramilitary troops of the "Republic of Krajina”, being an unconstitutional entity of the aggressor, Dragan Vasiljkovie was the commender of the Special Unit, which wes part of the paramilitary troops. As Unit Commander he did nothing to prevent members of the unit who were his subordinates fom submitting captured members of the Croatian army and police: Velibor Braéié, Nikica Plivelié, Zvonko Magdié, Ivan Krizmanié, Mile Luketié, Nikola Luketié, Tomislav Ceronja, Marko Mijié and Osman Vikié, who were detained under ‘very poor sanitary conditions, to daily maltrestment, although he saw it and imew of it, Decause the prisoners complained to him end he personally saw injuries on them and how they were punched, kicked and hit with tuncheons and rifle butts all over their bodies, how they had rifle burrows pushed into their mouths, and how the prisoners were taken to fictive execution by firing aquads, how they were mentally maltreated ‘and tortured by thirst, nor did he as the superior taken necessary actions and measures to punish his subortinaté for the acts described above. Remark: Such conduct is slso contrary to provisions of Article 3 Paragraph 1 Subparagraphs 1 a and o and Articles 13 and 14 of the Geneva Convention on the ‘Treatment of Prisoners of Wer of 12 August 1949.) ‘With his army boots on, he took a powerful swing with his leg at Velibor Brafié and hit Jsim in the head. Due to the inflicted wounds, Bradié was covered in blood. At the same time Vasilkovié was saying to the members of his unit, who had previously beaten up Braéié in ffont of him: "now you'll see how this should be done", in February 1993 in the place of Bruske near Benkovac, where an armed confiict between the armed forced of the Republic of Croatia and the armed Serbian paramilitary troops of the "Republic of Krajina”, being an unconstitutional entity of the aggressor, took place, Dragan Vasiljkovié was the commander of the Special Unit which was part of the paramilitary troops and the commander of the ALPA Special Unit Training Center. So, on 24 February 1993 he pave a command to his subordinate members of the unit to ‘punch and Kick all over their bodies two Croatian POW's, who had been brought to the ‘Training Center and whom his driver had taken out ofthe car, to interrogate end then to execute them, what his subordinates did, killing the soldiers by fire arms. (Remark: Such conduct is also contrary to provisions of Article 3 Paragraph 1 Subpuragraphs 1 @ and ¢ and Articles 13 and 14 of the Geneva Convention on the ‘Treatment of Prisoners of War of 12 August 1949.) 1910 15 20 25 30 35 40 50 55 20 3. In July 1991 in Gling, where an armed conflict between the armed forced of the Republic of Croatia and the armed Serbian paramilitary troops of the "Republic of Krajina”, being an unconstitutional entity of the aggressor, and the Yugoslav People's, Anny took place, Dragan Vasilfkovié was the commander of the Special Unit which was part of the paramilitary troops of the Secretariat for Intemal Affairs of the so-called Serbien Autonomous Territory of Krajina. So, on 26 July 1991 in Glina, he in consultation with Yugoslav People's Army Captain Ratko Rapaié, the commander of the tank unit which was pert of the armored battalion 2.0, 2875/19 Pantevo, made a plan of the sttack on and the capture of the police station in Gling, the suburb of Jukinac and the villages of Gomi ViduSevac and Donji ‘Vidutevac. He also gave e command to members of the paremilitary units to fire from the tank gun at the church and school in Gomi ViduSevac, both of which sustained heavy damages, and to open fre from all arms on houses and outbuildings inthe settlement of Jukinee during its taking although there was no erny in the setflement and no resistance was put up. After the residents of Jukinac had been forced to fice their homes, the members of Vasiljcovie's unit looted some thirty houses and outbuildings. During the capture of the seclement, its resident Nikola Regié and German joumalist Egon Schotland, who was in a car with clear signs thet journalists were in it, were killed and a larger number of other residents sustained severe wounds. (Remark: Such conduct is also contrary to Article 3 Paragraph 1 Subparagraph 1 and Asticles 27 and $3 of the Geneva Convention on the Protection of Civilians in Warfare of 12 August 1949, and provisions of Article 4 Paragraph 2 Subparagraphs a and g, Article 13 and 16 of the Amending Protocol to the Geneva Conventions of 12 August 1949 on the Protection of Victims of Non-Intemstional Armed Conflicts (Protocol Ll) of 18 June 197.) ‘The Extradition Request for DRAGAN VASILIKOVIC shall be delivered to the coacemed authority within the prescribed term by diplomatic channel, [At this occasion please accept the assurances of this Ministry's highest consideration to the Attomey-General’s Departnent of Australie. ASSISTANT TO THE MINISTER Signed by: Ljiljana Vodopija Cengié ‘Seal: REPUBLIC OF CROATIA MINISTRY OF JUSTICE Enclosure: as stated in the text10 15 20 25 30 35 40 45 50 55 21 REPUBLIKA HRVATSKA EUPANIISKI SUD U SIBENTKU Kio-86/05. RIESENIE uponijeki sud u Sibenifes, istraini sudac Dalibor Debié, u kemenom Jijkovige, zbog keznenog djela iz l. 120 1 122 OKZRH, cu 2D0 Sibenik broj K-DO-51/05. od 28, studenoy 2008. edlutujusi 0 isteEnom zabyj godine, rijedio je AGA I, Temeljem odredbe él. 189 s. i, ZKP-2. PROVEST CE SE 157: PROTIV: DRAGANA VASILIKOViC, xv, cKepewn Dragan, sina Zivorede, yodenog 12prosinca 1954 godine u Beogredy, Srbine, dré Srbije § Ce Gore i Avsrelije nepometog prebivalista, na slobodi, ‘Zbog posicjanja osnovane sumnje seca lipnja i srpnja 1991 godine w Xnine, tekom oredans sukoba izmedu oruzanih snage Repubitke Hrvaiske i maoruenth sgrvorskih srpskia peravejain poscrojbi prowustarme worevine "Republika Krajina” keo z2povjednik Jedinies 25 jposebne nemjene u sostavu paravojrih postrojti koja je zajedco s kemandom. bila sje ha kninskoj berdavl, protivne odcedbama 61.3 st] to8.1 2) ic) eL13 i 14 Zenevsks komvenclje postupanju s ratdim zarobljenicim od 12-kolovoze 3949.eodize , nzten Sto sa x jada prostoriju-zemunicu bez ikakovih higilenskih uvjeta, a koja imala Smkelju zawvore, daveden Zarcbljeni pripadaici brvatske voiske § policije, Velibor Bradit, Nivice Plivelié, Zvoak van Krizmenié, Mile Lakerié, Mtkols Luketié, Ceronja Tomislav, Osman Vivid, videei i znejudi da njemo pouticjen! pripadsict postrojbe syexcdney gloswvijaju zerobljenike, ne natin ds ih tuku fekame, rogama, cumenim paticare Kundecima pudeka po eljeiom ujelu, guraju cijevi padaka u uste, iavede os fiktivne stieljanie i psikidhd th malretireju, mude ih edu, nakon Sto a g2 ovi i upozoraveli Bale! ma se x zapovjednihy, wito-se fossbno tvjerio, videdi oaljede ns njima, propustis poduse raduje i mjers kako bi keo sedre€ert sprijedio wekovo postupange pestinie poidinjene osode zbog takovor postupenja han’ Veltbora Bretié, dok su ga pripadnict njegove poscojbe pred njim tukli gumenim paticue § fundacimoa pufeka po Savou Wels, u2 sileai “vidjed eet keke se so red. 8 U dajesijekon10 15 20 25 30 35 45 50 55 22 2 Kio-86/05 svi w vis nogorn ne kojoj je bila vojnitka tizma. pogodio Bratiga u glavy, tako de ge j2 03 zedobivenia ozijeda oblila kev , Gekie, ‘adedi pravile medunarodnog prave, rene zarobljenite mutio, 10 postupaa prema njima i nenosiz im vellke pemje i ozljede tjelesnog integritersj EY de je dane 24veljate 1993.godine u Brthoj kod Benkoves. tijekom fog sekota izmedu orvtonih stage Republike Hrvetske i neorwanih agresorsidh srpskch epubiike Krafice’, protivno edredbama 3 Gi 128.1 £) ic) 18,331 14 Zenevske konvencije ¢ postupanju 5 ratmim zarobljenicime o¢ Vaekclovera 1948.godine , kao zapovjednik Jedinice za posebne namjene u sastavn stpskih passvejnlh postrojbi § Nastavnog Centre za cbuky pripadnike specijalnih jedinica “Alf ia su mut Centar dovedena dva zarobljene hrvaiske vojaika zasada neurrdenoe identitete koje nlegov vos’ izvukao iz vozila, zapovjedio poitinjenim pripadnicima postojbe de ih tcka fekama i nogama po cijelons djelu te uvedu u prostorie oblizmje skol fcvidiraju tako de su ih ovi nuslavil tuél te th u jednom wenucka user porvointh postrfbi protaustavne tvorevine * aga Republike Hr rao protucsteime tvorevine zv Republika Kr P pamjene SUP-2 trv."SAO Krajina” u dogovoru sa sade pok.Ratkom Rapeiée fom INA, zapovjednixom texkovske jedioice u okvirs oklopnog betaljena VP. S Pantesa, unedifi plan napada na Policjsku posiaju v Glini, prigradsko nase Videevas i njfhovo zsuzimenje, te ze vrijeme napada, suprcino eGivema 23 s.. we.le, 21.27 1 €.53 Zenevske Konvencije o zabiiti sradanskih osota u ata cd T2xolovoze 1949.gedine { odredbama E14 st2 toda) i g). e113 i a16 yg protoxels Zerevskim konvencijama o& 12.08.1849. 0 zat neva nemesuaaredaih oradanih sukobe (Protokoi 1) od OBipsje 1977.godine, zapovjedili wwinicinsa cavederin postrojbi dx topom s woke gadefu etkve i tkolu u Gori juseveu, pri Gem sv rkva i Skolg tes j ne, 0 potom zapovjedili da pri zauziraaaj ‘pe kuéama i gospodarskim zerademe, iju nije bile vojske niti se prezeo je niikeve imovine, teko de je pucensivo Jukinca jegove postcjbe pljadkali napustene kuée , 2 pri 7 ajemazki sovinar Egon Schetlend jeme nalaze novinerl, 2 tom prigodors dakle, \oSeti pravila meduneracnog prava 2e ‘rijeme orutanog sukeba naredio a je posijedice smart! tedke tfelesna ozljeda judi, neped bez snifwve i protezakerite i fe opaveano vojnim potsbemr, da se pliedka imovina cbieine posebno zattéene medunarednim pravors, velikim rezinjerine imovia ito va, te da se irvrsi nenedSee eee eee 10 15 20 25 30 35 40 45 55 3 Kio-86/05 ati i meduseroduog preva i pu da je time poéinio kaznena djela prodiv dovjet to uéinime pod {1 J’ Kazrens djela ratnog 2latina prose ratnih zerobij OKZ H, 2 udinom pod HIV kazneno djelo ratnog zloting protiv civilnog stanovniswva iz 2.320 sul i 20K2RH TL Temeljem é], 102. s. 1 t2é. 11 4 ZKP protiy Dragana Vasiljkovige ODREDUJE SE PRITVOR koji po ovom redenju mode wejali mjesec dans od dane uhigenja. Obraziozenje Uvodno citiranim istretnim zabtjevorn 2D0-a Sibenik, trazeno je provedenje istrage protiv okr. Dragana Vislkoviee, zbog postojanje osnovane sumnje a Je na nafin copigan v izreci refenja potinio kaznena djele iz él. 1201 (22 OKZRH. Osurmnjizenik nije ispitan, jer s= nalezi na nepoonaie] adresi u inozemare, trenmno je nedostupar, Kako je u postupit potwbno, zbog proteka wremena ad dogasiaja, Sto prile ispltatl ctjedoke, te prikupii druge dokaze o kemenom djelu i odgovornost nika, to je reSenje 0 provodenju istrage doneseno bez prethodnog i ‘osumanjitenika, a zbog opamost! od odgads, u smishu él. 189 st. 1 ZXF Iszaini zshtjev je osaoven, Qsnovana sumsje da je osumnfitenik rotinio kamens éjela protiv Eevjetnesti { medunarodnog prava i 10 utinime pod 1 i IV kameno dJelo raunog zlotina prody rem zarobljenika iz él. 122 OKZRH, 2 utinom kazrnenog djela pod toikom IIV ratnog zocina protiy civilnog stanovnistva iz él. 120 st. 1 i 2 OKZRH, proizlazi iz sadraaja posebaog Ga PU Sibensko kninske Odjele krim, polieije bro) KU-1152:92. of 16. 2003, godine, | uz posebno izvjedée prikupljenih obaviekterja, a narosito obevjesnia razzo\ore sa sjedocima, zarobljenim pripadnicima hrvatske vojske i policije, Koji su bili zatotené re kninskoj wrdavi, ili u Brukkoj kod Benkovee. kao j se oéevicima { sudionieime napade Gling, a suvife i iz prilo2ene vojne J druge dokurnenracije sa sastenske strukture parevojnih posirojbi bivie SAO «Kxajinen, kojime je neposredno rukovodio upssvo osumajieril, x ko) su { sudjelovale u potinjenju kazzenog djela pod tc8kom TL’, 2bog Sega je temeljem él. 189 si! ZRP- valjalo odrediti provadenjeistrage i rjesii kzo pod sotkom L zrske 1 isregnom zelnjevu stavijen je prijedlog da se pro=y osumajitenita odcedt prievor, po osnovi iz Bl. 102 st. I tet. 114 2KP. Naime, osumnj je | Cre Gore £ Avsizall 2310 15 25 35 40 45 50 55 24 4 Kio-86/05 Gelima protiv Sovjetnosti i medurarodnog prava, jim izrdenjem su nasnypile tekke ike po zdrevije Iudi, te sm vise osoba, kao i unittenje i pllatkanje imovine civiinog “nifty, 1e razararje objekata posebno zaltiéenih medunarodaim pravom 10 je valjalo ini prievor po prediozenim priwvorskim osnovama, odnosno zbog opasnosti cd bijege i it cetkih okolnost djela iz 21.102 sc i to8. 134 ZKP, Radi toge je odluéeno kao pod 1o¢kom I, Lereke yeSenja ISTRAZNI SUDAC Dalibor Dukié +r ba i to u dijelu rjesenja kojim je odreden er w roku od 2 dane od dane primidse ovjerenog prijepisa isiog, 2 u dijelu rieSenje kojim cdredeno provyodenje istage u rok od ii dana, rafunajuéi od dana prijema istog, Zalba se pednosi u ti istovjema primjerke ovom sud, a0 istoj odluduje sijeca iskog suda v Siben! alba ne zadrtave irmttenje rjetenje /\ sEnETEEOee fae nik Dragan Vasijiovié — oglasna plots ‘prave Zatvore Sienik 1} po slusoeuoj deBnost Danita Grtié ody}. u Sibeniku10 15 20 25 30 35 40 45 50 55 25 REPUBLIC OF CROATIA COUNTY COURT IN SIBENIK Kio-86/05 DECISION When deciding about the investigation request No, K-DO-51/03 of 28 November 2005 male by the Sibenik County Office of the Public Prosecutors, Dalibor Dukié, the investigating magistrate of the County Court in Sibenik, has dedcided in the criminal matter against Dragan Vasiljkovié, who has been ccused for having committed the criminal offence under Art. 120 & 122, Basic Criminal Code of the Republic of Croatia, L. Pursuant to the provision of Art.189, Paragraph 1, Criminal Procedure Law, THE INVESTIGATION SHALL BE CONDUCTED AGAINST: DRAGAN VASILJKOVIC, known es Captain Dragan, son of Zivorad, born in Belgrade on 12 December 1954, a Serb by nstionality and a national of Serbia and Montenegro and Australie, residence unknown, now at large on the grounds of a well-founded suspicion V that in Xnin, in the June and July of 1991 during the armed conflict between the armed forces of the Republic of Croatia and armed Serbian paramilitary troops of "the Republic of Krajina", being an unconstitutional entity of the aggressor, he as the commander of the Special Unit, which was part of the paramilitary troops stationed together with the headquarters at Knin forzess, failed to take required measures and actions a8 the superior officer, in order to prevent his subordinates ftom what they were doing end punish them for it, which is contrary to the provisions of art3, Paregraph I, Subparagraph a)8c) and Ar.13814, Geneva Convention on the Treatment of Prisoners of War of 12 August 1949, On the occasion in question, a group of captured Croatian soldiers and policemen, consisting of Velibor Bratié, Nikica Plivetié, Zvonko Magdié, Ivan Krizmanié, Mile Luketié, Nikole Luketié, Tomislav Ceronja, Marko Mijié and Osman Vikié, were brought in 2 dugout with poor sanitary conditions serving #8 prison, where they were maltrested by ‘is subordinates on a daily basis by being punched and kicked, hit with trancheons and rifle butts all over their bodies, by having rifle barrels pushed into their mouth, by having been sent to Betive excution by firing Squad, by being maltreated mentally and by being tortured by thirst, which the Accussed saw and knew, The prisoners, too, warned him of it as they complained to him as the commander and he convinced himself by seeing their injuries. Moreover, as Velibor Bratié was ‘being interrogated and the members of tho unit of the Accussed were hitting him with truncheons and rifle butts all over his body, the Accused, with his army boots on, took # powerful swing with bis leg at Bratié and his him in the head while saying: “Now youll sex how this should be done!” The prisoner was covered with blood due to the inflieted injuries. ‘Therefore, by violeting the rules of intemational law, he tortured the prisoners of war, tested them inhummanly end inflicted great suffering on them as well as injuries on their physical integrity and health, TW) At Bruika near Renkovae, on 24 February 1993, during the sxmea conflict between the anmed forces of the Republic of Croatia and armed Secbian paramilitary troops of "the Republic of10 15 20 25 30 35 55 26 Kio-86/05 Krajina", being an unconstitutional entity of the aggressor, contrary to the provisions of Art3, Paragraph 1, Subparagraph 1a)&c) end Am13214, Geneva Convention on the Treatment of Prisoners of War of 12 August 1949, es the commander of the Special Unit, which was part of the Serbian paramilitary troops and of the Alfa Spetial Unit Training Center, he ordered his subordinate unit members, as two so far unidentified captured Crostian soldiers were brought to him to the Center and which his driver pulled out of the vehicle, too punch and kick them all over their bodies and to take then to the nearby school in order to interrogate and thereafier execute them. The subordinates kept on hitting them and killed them with their Sre arms at one point, ‘Therefore, by violating the rules of international law be ordered that the prisoners of war be killed. TIV In Glina on 26 July 1991, during the armed conflict between the ermed forces of the Republic of Croatia and armed Serbian paramilitary troops of "the Republic of Krajina", being ‘an unconstitutional entity of the aggressor, and the Yugoslav People Army, as the commander of the Special Unit of the Secretariat of Intemal Affairs of the so called "Autonomous Serbian Temitory of Krajina’, he in consultation with the now late YPA Captain Ratko Rapaig, who was the commander of the tank unit as part the armored battalion of a P.O. 2875/19 Panéevo, made a plan of the attack on and the capture of the police station in Glina, the suburb of Jukinac and the villages of Gomji and Donji ViduSevac. Contrary to the provisions of Ar.3. Paragraphl, Subparagraph 12, ‘Art. 27 and Art.53, Geneva Convention on the Protection of Civilians in Warfare of 12 August 1949 and the provisions of Art.4, Peragraph 2, Subparagraph a) &g), Art13& Artl6 of the Amending Protocol to the Geneva Conventions of 12 August 1949 on the Protection of Victims in Nor- Interastional Armed Conflicts (Protocol I) of 8 June 1977, they ordered the said unit members, during the attack, to fire from the tank gun at the church and school st Gornji Viduevac, on the ‘occasion of which the church and the school were severely damaged Then, when capturing the suburb of Jukdnac, they ordered their subordinates to open fire from all arms at houses and outbuildings which the unit members did although there was no army or resistance in thet settlement. The purpose was to intimidate the residents and to destroy their property so that the residents of Jukinee were forced to flee, Thereafter, the members of his units looted deserted houses. As the settlement was being taken one of its residents, Nikola Regié, and German journalist Egon Schotland were killed, although the journalist hed been in a vehicle having visible signs that Journalists were in it. A larger number of residents was heavily wounded on that occasion and some {thirty houses and outbuildings at Jukinac were looted and destroyed. Thesefore, by violating the rules of intemational law, he ordered during the ermed conflict the atteck on settlements which resulted in deaths and severe physical injuries of people. ‘There were no specific targets during the attack so that civilians were hit and their property was destroyed on a munssive scale illegally and arbitrarily. Looting propesty of civilians and attacking facilities protected under international law cannot be justified by military purposes, In doing so, he committed criminal offences against humanity and international lew. By way of the acts under V/ and II/ he committed criminal offences of war crime agzinst prisoners of war under Ast.122, Basic Criminal Code of the Republic of Croatia, and by way of the act under LLY hhe committed a criminal offence of war crime egainst civilians under Ast 120, Peragraphs 1&2, Basie Criminal Code of the Republic of Crostia.10 15 20 25 35 40 45 50 27 Kio-86/05 1. Pursuant to Art.102, Peragraph 1, Subparagraphs 1&4, Criminal Procedure Lew, CUSTODY IS ORDERED for Dragan Vasiljkovié which, according to this Decision, cannot last Jonger than one month as ofthe dey of his arrest Statement of Reasons ‘According to the investigation request by the Sibenik County Office of the Public Prosecutors set forth in the introduction, an investigation was requested to be conducted against accused Dragen Vesiljkovié on the grounds of @ well-founded suspicion thst he committed the criminal offences under Art.120 & 122, Basic Criminal Code of the Republic of Croatia, in the manner as described in the Disposition of the Decision. “The suspect has not been interrogeted because his address zbroad is not known, so that he is not available at the momeat. Since the procedure requires, due to the lapse of time from the ‘moment the events took place, that witnesses be interrogated as soon as possible and thet other evidence of the criminal offeace and the suspect's responsibility be gathered, the Decision on investigation was taken without prior interrogation of the suspect in order to avoid the deferrement within the meaning of Art.189, Paragraph 1, Criminal Procedure Law. ‘The investigation request is founded. ‘The well-founded suspicion that the suspect committed the criminal offences against Dunuaity and intemational law, ie. that he by way of the acts under V/ and W/ committed the criminal offence of war crime against prisoners of war under Ar.122, BCC of RC, and by way of the act under IV the criminal offence of war crime against civilians under Art 120, Paragraphs 142, BCC of RC, is to be derived from the contents of special report No.KU-1158/92 of 16 September 2005 by the Police Adminisuation vf Sibenik-Kain, Criuiuad Investigation Departunent, und from a special report made from the information gathered , especialy interviews with witnesses, captured members of the Croatian Army end police who were imprisoned at Knin fortress , or et Bruiia near Benkovac, as well as with eyewitnesses of and participants in the attack on Glina. It is also to be derived from the euclosed military documentation and other documents from the meetings of the paramilitary troops officers of the former Autonomous Secbian Territory of “Krajina” that were under the direct command of the suspect himself and which participated in the committal of the criminal offerice under IIV. It was, therefore, to be ordered that an investigation be conducted and decided as under Item J of the Disposition pursuant to Art.189, Paragraph 1,Criminal Procedure Lew. In the investigation request, a motion was put forward that custody be ordeved for the suspect pursuant to Art . 102, Parsgraph 1, Subparagraphs 144,Criminal Procedure Law. ‘The motion concerning custody is founded. The suspect, Dragan Vasiljkovié known as “Ceptain Dragan’, is a netional of Secbie and Montenegro acd Australia, His eddress is not known so that it is obvious that he js on the run. In this perticular casé, be has been charged with the criminal offences which, according to the law, camry a prison sentence of over 12 years. Since these ere serious criminal offences against humanity10 15 20 25 30 35 40 45 50 55 Kio-86/05 and intermationsl law, the committal of which resulted in serious conseaqsente® for the health of (people or in deaths of more persons as well 28 in the destruction ‘and looting of the property of the eee and in the destruction of fcilities protected under intemations) 12% custody was to be Sere according tothe proposed custody bases because ofthe danger hat the suspect might mun away and due to the particularly serious circumstances ‘of the offences under Art.102, Paragraph 1. Subparagraphs 1&4, , Criminal Procedure Law. it was therefore decided as under Item II ofthe Disposition of the Decision Sibenik on thie 12 day of December 2005 seal: Republic of Croatia COUNTY COURT IN SIBENIK signed by: Dalibor ‘Dukié INVESTIGATING MAGISTRATE LEGAL REMEDY: wk party may Sle an eppeal against this Decision within 2 days upon the seips of its etified anoerot with regard fo the pat of the Decision ordering custody, and within thee days Eine day of ts receipt with regard the part ordering en investigation to be conducted “The appeal isto be led in thre idetial copies in this Cour. It js to be bead by the pans] af the County Court in Sibenik. “The appeal shall not defer the execution of the Decision. To be delivered to: seal: That this is the true 1, Sibenik County Office of the Public Prosecutors transcript Of the original 2, Dragan Vesiljkovig, the suspect~ to be posted on the notice board has ‘been verified by: 3, Sibenik Prison Administration the authorized clerk. Danita Grete, atomey in Sbenik, Court appointed defence counsel signature illegible