PHYSICIANS HUMAN I. RIGHTS ibil^l FORENSIC MONITORING PROJECT REPORT

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1 i PHYSICIANS HUMAN I. RIGHTS ibil^l FORENSIC MONITORING PROJECT REPORT Kakanj Exhumations of Federal Commission on Missing Persons Croat Side (4-11 March 1998) FINDINGS A Report by: Mark Skinner, Ph.D., D.-A.B.F.A. Forensic Monitor Forensic Monitoring Project Tuzla, Bosna i Hercegovina 18 April 1998 Physicians for Human Rights 100 Boylston Street, Suite 702 Boston, MA USA Tel. (617) Fax. (617) phrusa@phrusa.org Physicians for Human Rights Pere Cuskica br Tuzla Bosna i Hercegovina Tel/fax: Tel: Financed with support of International Commission on Missing Persons

2 Summary of Events From March 4-5, 1998 remains of 25 individuals were exhumed by the Federal Commission on Missing Persons-Croatian side from five sites in the Kakanj area: Grmaca Site 1 (west) in Skomlici [14 bodies]; Grmaca Site 2 (east) in Skomlici [3 bodies], Slapnica Cemetery [5 bodies]; Grobnja Cemetery [2 bodies] and Juke Cemetery [1 body]. With the exception of Grmaca Site 2 (east) all sites are burials within established cemeteries. Autopsies were performed at the Split Clinical Hospital on March 9-11, Preservation ranged from basically fleshed to skeletonized. Minimum depth of interment occurred at Juke Cemetery (70cm) while maximum was observed at the deeper levels of Grmaca Site 1 (west) (ca. 2m). According to the Split pathologists, all 25 individuals were identified by relatives on the basis of physical characteristics, documentation and personal effects. All were Bosnian Croats; those from Grmaca Site are alleged to have been killed June 9-15, 1993; the individual from Juke Cemetery is alleged to have been killed June 13-20, Most were civilians although the clothing of the three individuals from Grmaca Site 2 (east) indicates they were soldiers. Of 25 persons, only three from Grmaca Site 1 (west) were fe. Evidence for perimortem trauma (bullets or shattered bones, typically skulls) was observed by the Physicians for Human Rights monitor in 18 cases. 1

3 Participants and Observers A forensic monitor from Physicians for Human Rights (PHR) participated in exhumations of single and multiple graves in the Kakanj area by the Federation Bosnia and Herzegovina State Commission on Missing Persons from March 4-5, Five sites in the area of Kakanj were investigated. These allegedly contained the remains of Bosnian Croats. With the exception of Grmaca Site 2 (east), all sites are burials within established cemeteries. Participants included, but were not limited to, the following individuals: Sime Andjelinovic-forensic pathologist (patolog) Marijan Biletic- Crime technician (krim tehnicar) Laura Bowman-International Commission on Missing Persons Drago Coric- Ministry of Interior Police (MUP Kakanj) Berislav Cvitanovic-Federal Commission on Missing Persons-Croatian side federalan Komisija za nestale osobe hrvatska strana) Marija Deiinis-Gojanovic-forensic pathologist (patalog) Doug Ford-Physicians for Human Rights Anto Jakic-inspektor Agneta Johansson-Office of the High Representative Ivo Kovacevic-Mayor of Kakanj (nacelnik Kakanj) Silvestar Malahovic-Crime technician (krim tehnicar) Amor Masovic-President of State Commission on Missing Persons Berislav Pusic-President of Federal Commission on Missing Persons (Predsjedavajuci federalne Komisije za Nestale Osobe) Jerko Radic-Federal Commission on Missing Persons-Croatian side (federalan Komisija za nestale osobe hrvatska strana) Slavko Simic Ivica Simunovic Stipo Slipac- Investigative Judge (sudac istrazitelj) Pavo Slivic- Deputy of local Canton HDZ party (dopredsjednik zupanijskog HDZ-a) Mark Skinner-Physicians for Human Rights Fabijan Trbara-Deputy Minister local Canton (doministar srednjobosoanske zupanije) Vlado Zuljevic- Court Chairman (predsjednik suda) Parkovi i Nasadi Mostar- undertakers, drivers (mrtvozornici, vozac) fizicki radnici-kakanj-two diggers (dvije osobe)

4 Grmaca Sites Site Description Overview Grmaca is a Catholic church accompanied by several residences on the top of a hill; the area is called Skomlici. All buildings in the immediate vicinity are without roofs and uninhabited it seems. A sketch map, supplied by the Office of High Representative based on a pre-visit, suggested the presence of approximately 13 bodies on the west side of the church (named Grmaca Site 1 (west)) as well as an area to the east of the church containing perhaps three bodies (Grmaca Site 2 (east)). History Relating to the Grave Site No details as to how these individuals died were supplied to the forensic monitor except that they died 9-15 June, 1993 and the bodies were collected by "civil defense" workers. PHR was also told the bodies from Grmaca Site 1 (west) were wrapped in plastic and deposited in a machine-dug hole. Grmaca Site 1 (West) Site Description overview Approximately 15 meters to the west of the front of the church, and remote from an area of formal graves to the south, were a series of crosses on the north edge of some freshly tended, slightly mounded earth measuring about three meters east-west (Photograph 1). About one meter to the west, and in the same axis, was a separate marked grave. Exhumation Process and Condition of Remains Under the direction of Mr. Jerko Radic, the exhumation team first photographed the area and then immediately began to dig with shovels (Photograph 2). The first body was encountered at a depth of 1.4 meters and, at a slightly deeper level, blanket material. Due to the large size of the excavation that had to be opened up, it became evident that a backhoe was required (Photograph 3). Plastic was placed on the partially exposed remains so as to locate and protect them while a large area was opened up with the backhoe. The body mass was exposed and photographed. The 13 bodies were not uniformly oriented, nor were they in containers. The deepest bodies (<2m) were not easily extracted and a pick ax and a shovel were employed to lever up some of the deeper ones. Bodies were lifted into body bags and placed on the church lawn inside the boundary wall awaiting transfer to a truck. A 14th body was recovered the next day (March 5, 1998) just west of the previous group; its exhumation was not monitored. 3

5 The bodies appeared to be quite intact and discrete although partially superimposed. They could be lifted as single units with ease, especially because of clothing. At autopsy it became evident that the uppermost bodies (depth ca. 1.5 m) were partly skeletonized while the deepest ones were quite intact, although not visually recognizable. Grmaca Site 2 (east) Site Description Overview A depression, about 30cm deep, was pointed out about 20 meters to the east of the church, outside of the cemetery wall. It was roughly midway between the church and a nearby house (Photograph 4). It was presumed, and later confirmed, that the depression had existed prior to its use as a grave, based on the hole's margins which had been modified by shoveling the edge to fill in the hole, and by the presence of extraneous items (garbage) in the fill as well as below the bodies. Exhumation Process and Condition of Remains Initially digging was by shovel (Photograph 5). The site was clearly wet. It became evident that simply trying to bucket out the water would not suffice. The backhoe was brought over to dig a deep hole to the south into which the water surrounding the bodies could drain. This alleviated the problem somewhat. A further series of drainage channels surrounding the bodies was dug by hand (Photograph 6). Water drainage remained a bit of a problem because of the amount of plastic under the bodies. Due to the water problem, completion of recovery of the bodies had to wait until next morning. It is not clear whether the plastic in the bottom of the pit had been used to lift and carry the bodies to the pit or was simply garbage. Certainly, these bodies were not in any containers. They were in military clothing and completely skeletonized (Photograph 7). Their depth was about one meter below the general land surface level but not quite that much fill covered the body. The orientation of the bodies was not uniform. The uppermost body was transverse to the others which lay basically side by side but with the heads in opposite directions. What looked like the upright of a cross (a sharpened length of wood) lay on top of one body and under another. Beneath all three bodies was plastic, a metal pot, a large concrete chunk, all suggestive of simply being garbage lying in a pre-existing pit. 4

6 Site Description Overview Donja Slapnica Cemetery This is an established Catholic cemetery high up on a hill near Kakanj. History Relating to the Gravesite No details were available on this site except the suggestion that the bodies were picked up by civil defense workers. Exhumation Process and Condition of Remains We were initially told that two separate groups of burials (7+2) on the right (presumably north) side of the cemetery wall gate were to be opened. There were six crosses on the west side of the more northerly group (Photograph 8), although purportedly one of the individuals named on a grave marker was alive. These were apparently simply lifted and placed to one side. (Photograph 9). A backhoe removed about one meter of grave fill and workers would periodically step into the excavation and shovel test for bodies which were encountered at about that depth. The backhoe was employed to excavate an access trench to a deeper level on the southern edge of the excavation (Photograph 10). This clearly worked to the advantage of all since it meant the overburden of earth could be removed quickly and did not have to be lifted completely out of the grave and that the workers did not have to stand on the bodies. Three diggers proceeded to expose five bodies all in body bags. A new body bag was placed beside a body which was rolled into it. The bodies were lifted and placed on the ground in a group and later transferred to a truck. Tooth marks from the original excavating machine were evident in the bottom of the pit. There were five bodies. They were not uniformly oriented; they were slightly superimposed but not stacked by any means. The body bags were not intact and it was possible to view the remains somewhat. One body had a pine bough stuck to the back. Site Description Overview Grobnja Cemetery This cemetery is located within the city; it has several sections including Catholic and Muslim. The two graves to be exhumed (Photograph 11) were marked by grave markers: Filipovic, Marko andnnl. 5

7 History Relating to the Grave Site No background information was supplied to the forensic monitor except that the individuals were Croats. Exhumation Process and Condition of Remains Due to the proximity of other graves, these had to be hand dug. The crosses, which appeared very old with re-cycled letters, were removed and, it seems, not saved. The bodies were encountered at a depth of 1.2 meters. The bodies were partially stacked. Ropes were used to lift the first body (Photograph 12). The second body was at a depth of 1.5 meters. There was plastic under the body; no further digging occurred. The first body, numbered as such, in a body bag appeared to be largely fleshed while the deeper, also in a body bag, was basically skeletonized with boots. Site Description Overview Juke Cemetery This is a large Catholic family cemetery located a few kilometers from the center of the city; many of the grave stones were knocked over. The grave was located on the edge of the graveyard but within its confines. There were nearby graves that appeared quite ancient (Photograph 13). History Relating to the Grave Site The single grave was alleged to have been dug in the period from June 13-20, Exhumation Process and Condition of Remains The grave was dug in the space of one hour by two workers with shovels. A red blanket was encountered at a depth of about 70 cm on the south side; further digging to 1 meter revealed a blanket wrapped body (Photograph 14). The boots appeared to be army type. The remains were kept within the blanket and placed in a body bag for carrying to the transport truck. The remains were completely skeletonized. Summary of the Autopsy Findings Autopsies were performed on March 9-10, 1998 at Clinical Hospital Split, Croatia by Dr. Simun Andelinovic and Dr. Marija Definis-Gojanovic assisted by several autopsy assistants (Photograph 15. This facility has five autopsy tables (Photograph 16) and a hose for washing the 6

8 body and clothes. All pockets were examined for documents; samples of clothing were taken for the family to view with particular attention to labels and symbols (Photograph 17,18); personal items, for example, jewelry, were removed and when appropriate placed in high security facilities. Given the advanced state of decomposition of all the remains, observations were limited to searching for evidence of cause of death (e.g., projectiles), as well as age, sex, and stature. The latter was accomplished either by recording the length of one or two limb bones or by measuring crown-heel distance of supine remains. Hair was washed and length measured. Dental charting was limited to recording presence and absence of teeth and more obvious restorations, as well as dentures. A summary of autopsy observations is provided in Table 1. Identifications March 11 was set aside for viewing the remains and associated evidence by relatives. The Mayor of Kakanj supplied the pathologists with antemortem data which he had collated on behalf of the missing persons family association. It appeared that all relatives had been bussed to Split the day before. Dr. Gojanovic had placed all clothing samples in heat-sealed plastic bags which were displayed on counters around the empty morgue along with a designation for site and body number; accompanying these were other artifacts such as dentures, lighters and so on. The visiting families walked around the room until they thought they recognized something from the remains. If they wished, they could view the actual body; later, a conference was held with one of the pathologists to confirm identification. Apparently, the pathologists had been supplied with a list of names of 32 missing persons with their personal characteristics. According to forensic pathologist Dr. Andelinovic all 25 bodies were identified as Bosnian Croats who were on the supplied list. As a result, some families of the 32 missing were not able to locate their missing person from this particular cohort of remains. 7

9 Table 1. Field and Autopsy Observations of 25 Kakanj remains (March 4-11,1998) Site Body Number Sex Interment Treatment Trauma Evidence Distinctive Findings Grmaca l(west) Grmaca 2(east) Slapnica Grobnja Cemetery Juke Cemetery fe fe fe body bag body bag body bag body bag body bag body bag body bag blanket Inc.* document, rosary yes bullet on abdomen, edentulous Inc. earrings, necklace, yes 2 bullet holes in T-shirt Inc. braided hair, dentures, hat no key chain, pipe, documents yes shotgun belt, shells, chest wound Inc. jean jacket, long hair, document yes bullet wounds, documents yes tattoo, neck+skull wounds, projectile Inc. documents, Catholic items, diastema yes fractured humerus, ruption 23 yes document, bullet hole yes empty fly pupae, braided belt yes multiple wounds, malocclusion yes camouflage jacket, rope, crucifix Inc. empty pupae, bridge, army gear yes unmonitored yes second molars show mesial drift yes diary with names yes distinctive T-shirt design, impact trauma yes pine bough, cartridges, utility bag yes "Italia" T-shirt, indigo dyed clothing yes overalls, "USA" shirt, yes multiple wounds, HVO symbol inconclusive

10 Photograph 1. Grmaca Site 1 (west) Cemetery, Kakanj; looking west at mass grave with crosses prior to excavation (Roll 202, exp. 6). m. #F- '%> :*s *V»* Photograph 2. Grmaca Site 1 (west) Cemetery, Kakanj; looking west at mass grave being dug by hand (Roll 202, exp. 7). 9

11 Photograph 3. Grmaca Site Cemetery, Kakanj: General Jaques Klein arriving with backhoe (Roll 202, exp. 14). Photograph 4. Grmaca Site 2 (east) Cemetery, Kakanj: looking east at pit prior to excavation (Roll 202, exp. 9). 10

12 Photograph 5. Grmaca Site 2 (east) Cemetery, Kakanj: looking north at pit at early stage of hand digging (Roll 202, exp. 10). Photograph 6. * Grmaca Site 2 (east) Cemetery, Kakanj: looking east at partially exposed bodies, protected during the night by plastic. The drainage channels have clearly taken away a lot of the water from around the bodies. 11

13 Photograph 7. Grmaca Site 2 (east) Cemetery, Kakanj: looking northeast at Body 1 (most superficial and lying transverse to the other two), Body 2 (head is to the bottom right of photo; damage to skull caused by backhoe), Body 3 (head to upper left of photo) (Roll 202, exp. 26). Photograph 8. Slapnica Cemetery, Kakanj: looking north at mass grave after grave markers removed (Roll 202, exp. 30). 12

14 Photograph 9. Slapnica Cemetery, Kakanj: close-up view of crosses removed from mass grave (Roll 202, exp. 32). 5 'tf Photograph 10. Slapnica Cemetery, Kakanj: looking south at mass grave shortly after first exposure of bodies; area being dug by backhoe to the right is the access trench (Roll 202, exp. 34). 13

15 Photograph 11. Grobnja Cemetery, Kakanj: double grave prior to excavation; Amor Masovic sitting (Roll 202, exp. 35). Photograph 12. Grobnja Cemetery, Kakanj: lifting first of two stacked bodies with rope (Roll 202, exp. 37). 14

16 Photograph 13. Juke Cemetery, Kakanj: long view of southern side of cemetery showing location of single grave (Roll 203, exp. 13). Photograph 14. Juke Cemetery, Kakanj: looking north at body being lifted in blanket; skull is visible at far end (Roll 203, exp. 5). 15

17 Photograph 15. Clinical Hospital Split, Croatia: left to right-arma, an autopsy assistant; Dr. Mark Skinner, forensic monitor; Dr. Marija Delfinis-Gojanovic, forensic pathologist; Dr. Simun Andelinovic, Chairman, forensic pathologist. Photograph 16. Clinical Hospital Split, Croatia: autopsy facility with Grmaca Site 2 (east) body 1 in unopened field body bag prior to autopsy (Roll 203, exp. 9). 16

18 spprf Photograph 17. Clinical Hospital Split, Croatia: close-up of anchor motiffromgrmaca Site 1 (west) body 8; such cloth samples are typical (Roll 203, exp. 7). Photograph 18. Clinical Hospital Split, Croatia: array of personal effects from Grmaca Site 1 (west) body 5 (Roll 203, exp. 17). 17

19 I PHYSICIANS FOR HUMAN RIGHTS Physicians for Human Rights (PHR) mobilizes the health professions and enlists public support to protect and promote the human rights of all people. PHR believes that human rights are essential preconditions for the health and well-being of all members of the human family. We use medical and scientific methods to investigate and expose violations of human rights worldwide. We work to stop violations of human rights. We demand the perpetrators of human rights violations be held accountable for their actions under international law. Since its founding in 1986, PHR has carried out forensic investigations, including exhumations and autopsies, of alleged torture and extrajudicial executions in Afghanistan, Brazil, Israel, the former Czechoslovakia, Guatemala, Honduras, El Salvador, Iraqi Kurdistan, Kuwait, Mexico, Panama, Somalia, and Thailand. PHR has also devoted considerable energy and resources, under the auspices of its Chicago-based International Forensic Program, to assist the International Criminal Tribunal for the former Yugoslavia (and its predecessor the U.N. War Crimes Commission) and the International Criminal Tribunal for Rwanda, to collect evidence of genocide in those nations. The President is Charles Clements, M.D., M.P.H., the Vice President is Carola Eisenberg, M.D., the Executive Director is Leonard Rubenstein, J.D., the Deputy Director is Susannah Sirkin, the Advocacy Director is Holly Burkhalter, the Senior Program Associate is Richard Sollom, the Director of Communications is Barbara Ayotte, the Campaign and Education Coordinator is Gina Cummings, the Membership Development Coordinator is Steve Brown. Robert H. Kirschner is Director of PHR's International Forensic Program. Vince Iacopino, M.D., Ph.D., is Senior Medical Consultant. The director of Bosnia Projects is Laurie Vollen, M.D., M.P.H Physicians for Human Rights. All rights reserved.