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The transferal of Hague indictee Dragan Zelenovic from detention in Russia to the tribunal has been delayed by the death of Slobodan Milosevic, BIRN’s Justice Report has learned.

Ten years ago, the International Criminal Tribunal for former Yugoslavia charged Zelenovic with multiple counts of crimes against humanity and violations of laws or customs of war committed in the town of Foca, south-eastern Bosnia.

After nine years on the run, 45-year-old Zelenovic was detained by the authorities of the Russian Federation in western Siberia in August 2005.

He was arrested in the oil town of Khanty-Mansiisk in Khanty-Mansii Autonomous Okrug in western Siberia after working as a construction worker under the assumed name of Petrovic for several years.

Following the arrest, the tribunal promptly sent a request to the Russian authorities “requesting his expeditious transfer.to The Hague”.

At the time, Vladimir Tyulkov – the deputy chief prosecutor of this municpality – said that “the necessary documents for the extradition have already been prepared and will be sent to the Russian prosecutor-general on 31 August”.

But the authorities have yet to send the accused to the court’s detention facility.

A tribunal source has confirmed to Justice Report that Zelenovic’s arrival from Russia was expected on March 13. However, after the death of Milosevic, the Russian authorities decided to delay the transfer.

The Hague has not confirmed these claims. “The tribunal is continuing its communication with Russian authorities and we hope that the question of Dragan Zelenovic will be resolved soon,” Matias Hellman, ICTY representative in Bosnia and Herzegovina, told Justice Report.

Zelenovic was a sub-commander of the military police and a paramilitary leader in Foca, south-eastern Bosnia and Herzegovina. He is charged in connection with multiple cases of rape individually, as well as involvement in gang rape and the removal of women to locations to be sexually assaulted and tortured.

He was first indicted in June 1996 alongside other Foca accused, Gojko Jankovic, Radovan Stankovic, Dragoljub Kunarac, Radomir Kovac, Zoran Vukovic, Dragan Gagovic and Janko Janjic.

On 20 April 2001, prosecution filed an amended indictment against Dragan Zelenovic.

In 2004, the prosecutor’s office asked the tribunal’s referral bench to transfer the Zelenovic case to the War Crimes Chamber in Sarajevo, in compliance with the Hague court’s completion strategy. Under the same strategy, two Hague indictees from Foca – Radovan Stankovic and Gojko Jankovic – have already been transferred to Bosnia’s chamber.

Any decision on the transferral of Zelenovic to the Bosnian court will not be made before the indictee is transferred to the Hague.

Zelenovic has been held in Russia for more than eight months now.

Of eight men from Foca indicted in 1996 by the Hague-based tribunal for crimes there during the 1992-95 conflict, he was the last to be caught. Three have been tried and convicted, two are awaiting trial, and two were killed while trying to avoid arrest.

Nerma Jelacic is drector of BIRN Bosnia and Herzegovina [email protected]

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