# Miroslav Kvočka

Miroslav Kvočka (born 1 January 1957) is a convicted war criminal and former policeman who was found guilty by the International Criminal Tribunal for the former Yugoslavia (ICTY) of persecution, murder and torture – constituting crimes against humanity and violations of the laws and customs of war – committed at the Omarska concentration camp in Prijedor, Bosnia and Herzegovina, during the Bosnian War.
Kvočka was born, raised and worked as a policeman in and around the town of Prijedor. In late May 1992 he began working at the Omarska camp which held almost exclusively non-Serb detainees from the surrounding districts who had been rounded up during the ethnic cleansing of central Bosanska Krajina. According to findings during his trial and appeal, he was functionally the deputy commander of the camp guards. The court found that from 29 May until 23 June 1992 he persecuted detainees on political, racial or religious grounds, a crime against humanity; murdered detainees, a violation of the laws and customs of war; and tortured detainees, a violation of the laws or customs of war. Further, he had knowledge of the discriminatory crimes regularly perpetrated within the camp, but despite this awareness, he ignored the bulk of the offences that occurred while he was on duty. He was not only present during the commission of crimes but without doubt was conscious of the routine infliction of severe physical and mental violence upon the detainees. The camp was closed in late August following international outcry in the wake of a visit and reporting by British journalist Ed Vulliamy.
Kvočka was indicted by the ICTY in February 1995 and arrested in Bosnia by troops serving with the Stabilisation Force in April 1998, and transferred to the ICTY. He entered pleas of not guilty to all twelve counts under the indictment, and along with his co-accused Mlađo Radić, Milojica Kos, Zoran Žigić and Dragoljub Prcać was tried by the ICTY between 28 February 2000 and 2 November 2001. Kvočka was found guilty on four counts and sentenced to seven years' imprisonment, with credit granted for time served. His four co-accused were also found guilty, and two others received significantly longer sentences. His appeal was dismissed and his conviction and sentence were affirmed. He was granted early release from the ICTY Detention Unit in the Hague on 30 March 2005. As of 2023 he had returned to Prijedor, sold his house, and was living in a nearby village, taking on seasonal work. He had given several interviews, and stated that he was facing hardship and ostracism from the community.

## Early life

Miroslav Kvočka was born on 1 January 1957 in the village of Mariĉka near Prijedor in Bosnia and Herzegovina. He is an ethnic Serb and worked as a police officer in the Prijedor municipality before the Bosnian War. By the time the war began in 1992 began he was married and had two children with his Muslim wife, and was working at the police station in the village of Omarska within the municipality of Prijedor, and his direct supervisor was Željko Mejakić, the commander of the Omarska police station.

## Omarska concentration camp

In September 1991, as Yugoslavia continued to break up, several Bosnian Serb autonomous regions were proclaimed in Bosnia and Herzegovina, which then each established what was known as a crisis staff. Each crisis staff consisted of the leaders of the Bosnian Serb-dominated Serb Democratic Party (SDS), the local Yugoslav People's Army (JNA) commander, and Bosnian Serb police officials. Initially the Serb Autonomous Region of Krajina (ARK) did not include the Prijedor municipality – which incorporated the town itself and some outlying villages. Within the municipality the local government was run by the Bosnian Muslim-dominated Party of Democratic Action (SDA), which had a small majority. On 30 April 1992, the SDS, assisted by police and military forces, took over the town of Prijedor, and JNA soldiers occupied all the prominent institutions in the town. A local crisis staff was created, reporting to the ARK crisis staff in the city of Banja Luka 50 km (31 mi) to the east. Mejakić was appointed as the Omarska police commander during April, and shortly after that Kvočka was elevated to a de facto role which gave him authority and influence in the station, a position that paralleled the functions of a deputy or assistant commander. Immediately after the Bosnian Serb takeover of the municipality, non-Serbs were targeted for abusive treatment. After the JNA became the Bosnian Serb Army (VRS) on 20 May, majority non-Serb villages in the Prijedor area were attacked by the VRS, and the population rounded up, although some fled. This occurred in Prijedor town itself on 30 May. Older men, and women and children were separated from men aged between 15 and 65, who were transported to the police station in Prijedor then bussed to either the Omarska or Keraterm concentration camps. The elderly men, women and children were generally taken to the Trnopolje concentration camp. All three camps were in the wider Prijedor municipality. Later in the summer, non-Serb community leaders who had not been rounded up initially were arrested, taken to the police station and beaten then sent to one of the camps.
The Omarska camp was situated at the Ljubija mine. Preparations for its operation began around 27 May, and it was officially established on 31 May by Simo Drljača, the chief of police in Prijedor and a member of the local crisis staff. Initially, the camp was intended to operate for about 15 days, but remained open until late August 1992. Every detainee was interrogated at least once, usually involving severe mental and physical abuse. According to the Bosnian Serb authorities, a total of 3,334 detainees were held at the camp for some time during its almost three month operation. Former detainees estimated that up to 3,000 people were held at any given time, and former camp workers stated that number exceeded 2,000. The bulk of the detainees were men, although 36 women were also detained in the camp, most of whom were well-known in the Prijedor community before the war. Some boys as young as 15 were held in the early days of the camp's operation. The detainees were almost all Bosnian Muslims or Bosnian Croats, with a few Bosnian Serbs held due to suspicions they had been collaborating with Bosnian Muslims.
While held at the camp, detainees were kept in inhumane conditions and there was a pervasive atmosphere of extreme mental and physical violence. Intimidation, extortion, beatings, and torture were commonplace. Events that provided regular opportunities for abuse of detainees included the arrival of new detainees, interrogations, mealtimes and use of the toilet facilities. Outsiders entered the camp and were allowed to assault the detainees at random as they chose. Murder was common. Deliberate brutality and appalling conditions were integral to daily life in the camp. The majority of the detainees were held in the largest building at the mine, known as the "hangar", which had been built to house the heavy mine trucks and machinery. While the eastern part of the building was an open area, on the western side of the hangar were two floors with over 40 separate rooms. The three other buildings were the administration building which housed detainees on the ground floor, and on the first floor there were a series of rooms used for interrogations, the administration of the camp, and the female detainees' sleeping quarters. A small garage was attached. There were also two smaller buildings, the "white house" and the "red house". Between the hangar and administration building was an L-shaped 30 m (98 ft) concrete strip known as the "pista". Detainees received an inadequate quantity of poor quality food that was often rotten or inedible, and most detainees lost 25–35 kg (55–77 lb) of body weight while held at the camp, and were often beaten while moving in or out of the eating area. They were also provided with an inadequate quantity of water. Detainees were often beaten while moving to and from the inadequate toilet facilities and instead soiled themselves. The conditions in the camp and the medical care provided were grossly inadequate. Interrogations were carried out regularly and in an inhumane and cruel manner, and created an atmosphere of violence and terror. Detainees held in the administration building, in the hangar, and on the pista, were repeatedly subjected to mental and physical violence. Detainees were frequently beaten and murdered in and around the red house and white house. Female detainees were subjected to various forms of sexual violence in the camp.
On 7 August 1992, the British journalist Ed Vulliamy reported on the shocking conditions in the Omarska and Trnopolje camps, having visited them in the preceding days at the invitation of the president of the self-proclaimed Bosnian Serb proto-state, Republika Srpska, Radovan Karadžić. The international outcry that arose from Vulliamy's reporting and photographs of emaciated detainees caused the Bosnian Serbs to close the Omarska camp soon after, although many of the detainees were just moved to other camps.

## Role and activities of Kvočka at Omarska camp

According to findings by the International Criminal Tribunal for the former Yugoslavia (ICTY) during Kvočka's trial and appeal, from around 29 May until 23 June 1992, he worked at the Omarska camp. He was absent from the camp on leave between 2 and 6 June and 16 to 19 June, and spent approximately 17 days working at the camp. When he reported for duty at the camp, Mejakić appointed him as a duty officer, a direct subordinate tasked to carry out his orders and supervise the guard force. Further, the ICTY found that he was closely involved in the camp operations, effectively acting as the deputy commander, and had some degree of control over the guards. According to the court findings, he had extensive knowledge of the abusive practices and conditions in the camp and knew that serious crimes were regularly committed there. The ICTY also found that his position was such that he had sufficient authority and influence to prevent or stop some of the abuses, either by intervening personally or by seeking assistance from others, and to report abuses committed against detainees in the camp. Guards asked him for instructions, he gave them orders that they followed, and on a few occasions, he prevented crimes being committed. Further, the court found he was not only present during the commission of crimes but without doubt was conscious of the routine infliction of severe physical and mental violence upon the detainees. Despite this knowledge, the ICTY found that he continued to work at the camp, where he performed his tasks skilfully, efficiently and without complaint. The ICTY found that as de facto deputy commander of the Omarska camp, Kvočka was a co-offender in the joint criminal enterprise constituted by its operation.
Kvočka left his duties at the camp on 23 June and transferred to the Tukovi police station in the suburbs of Prijedor, commencing duty there on 30 June. He visited the camp on 24 June to return his brothers-in-law to the camp.

## Indictment, arrest, trial and sentencing

In 1993, the ICTY was established by the United Nations (UN) to prosecute war crimes that took place in the Balkans in the 1990s. On 10 February 1995, Kvočka, along with 18 other persons allegedly involved in the running of the Omarska camp, was indicted by the Prosecutor of the ICTY, Richard Goldstone. The indictments were reviewed and confirmed by Judge Adolphus Karibi-Whyte of the court three days later. On 20 December 1995, following the signing of the Dayton Agreement, the UN Protection Force in Bosnia and Herzegovina was replaced by the North Atlantic Treaty Organisation (NATO)-led multi-national peace enforcement operation known as the Implementation Force (IFOR). Once the peace agreement had been implemented, IFOR gave way in turn to the NATO-led Stabilisation Force (SFOR) on 20 December 1996. On 9 April 1998, Kvočka was transferred to the ICTY after having been arrested by British troops serving with SFOR in Bosnia the previous day. He made his first appearance before the court on 14 April 1998 when he entered pleas of not guilty to all charges against him. On 31 May 1999, the indictment relating to Kvočka was amended to encompass only the prosecutions of Mlađo Radić, Milojica Kos, Kvočka, and Zoran Žigić, and proceedings regarding other persons allegedly involved in the running of the Omarska camp were dealt with separately.
The amended indictment on which Kvočka was tried comprised the following counts against him:
* Count 1 – Persecutions on political, racial or religious grounds, a crime against humanity
* Count 2 – Inhumane acts, a crime against humanity
* Count 3 – Outrages upon personal dignity, a violation of the laws or customs of war
* Count 4 – Murder, a crime against humanity
* Count 5 – Murder, a violation of the laws or customs of war
* Count 8 – Torture, a crime against humanity
* Count 9 – Torture, a violation of the laws or customs of war
* Count 10 – Cruel treatment, a violation of the laws or customs of war
The trial before judges Almiro Rodrigues (presiding), Fouad Riad and Patricia Wald commenced on 28 February 2000, and during the trial Krstan Simić was Kvočka's defence counsel. On 6 March 2000 the trial was adjourned following the arrest of Kvočka's co-accused Dragoljub Prcać by SFOR in Bosnia the previous day. Prcać's prosecution was added to the case and the trial resumed on 2 May 2000. The trial was held over 113 days, and 50 witnesses gave evidence for the prosecution, and Kvočka's defence counsel called 22 witnesses. There were 305 prosecution exhibits and Kvočka's defence counsel produced 58 exhibits. On 6 November 2000, Kvočka's co-accused filed a motion for acquittal in accordance with ICTY rules, and a hearing on the matter was held on 28 November. On 15 December 2000 the trial chamber acquitted Kvočka of charges concerning Keraterm and Trnopolje camps, as the list of Kvočka's victims concerned only detainees at Omarska. He was also acquitted of charges relating to nine individuals. Closing arguments were presented from 16 to 19 July 2001, and judgement was delivered on 2 November 2001. Kvočka was found guilty on Counts 1 (persecutions), 5 (murder), and 9 (torture) of the indictment, the remaining counts were dismissed, and he was sentenced to seven years' imprisonment. He was given credit for time served. His four co-accused were also found guilty, with Žigić and Radić receiving significantly longer sentences of imprisonment.

## Appeal, provisional release and final release

On 13 November 2001, Kvočka filed a notice of general appeal of both his conviction and the sentence received. These were initially on eight grounds, one of which was withdrawn. Those that were considered included: the doctrine of JCE and the manner in which it was pleaded; errors regarding his interview with the prosecution; his role and position within the camp; his responsibility under the JCE; his criminal liability for murder; his criminal liability for torture; and his criminal liability for persecutions as a crime against humanity. He was again represented by Simić. On 17 December 2003 Kvočka was granted provisional release pending the hearing of his appeal, on the condition that he return to the ICTY from Bosnia and Herzegovina for the hearing. On 28 February 2005 the appeals chamber of the ICTY, with Judge Mohamed Shahabuddeen as the presiding member, handed down its judgement. It reversed the trial chamber's findings on Kvočka's murders of two detainees under Count 5, but upheld his convictions for two others. It also quashed his conviction for some aspects of persecutions under Count 1, namely sexual assault and rape. It otherwise affirmed Kvočka's convictions and sentence. On 30 March 2005, Kvočka was granted early release. A 2023 study of the lives of war criminals from the 1990s Balkan conflicts who had been released having served their sentences located Kvočka. He had returned to Prijedor, sold his house, and was living in a nearby village, taking on seasonal work. He had given several interviews, and stated that he was facing hardship and ostracism from the community.

## Footnotes

* ↑ Trial Judgement 2001, p. 94.
* ↑ Trial Judgement 2001, p. 96.
* 1 2 Trial Judgement 2001, pp. 5–6.
* ↑ Trial Judgement 2001, p. 98.
* ↑ Trial Judgement 2001, pp. 6–7, 10.
* ↑ Trial Judgement 2001, p. 8.
* ↑ Trial Judgement 2001, p. 16.
* ↑ Trial Judgement 2001, pp. 17–19.
* ↑ Trial Judgement 2001, p. 20.
* ↑ Trial Judgement 2001, p. 23.
* ↑ Trial Judgement 2001, p. 24.
* ↑ Trial Judgement 2001, pp. 26–28.
* ↑ Trial Judgement 2001, p. 29.
* ↑ Trial Judgement 2001, p. 33.
* ↑ Vulliamy 1992.
* ↑ Holocaust Memorial Day Trust 2025.
* ↑ Trial Judgement 2001, p. 101.
* ↑ Trial Judgement 2001, p. 102.
* ↑ Trial Judgement 2001, p. 106.
* ↑ Trial Judgement 2001, p. 110.
* ↑ Trial Judgement 2001, p. 114.
* ↑ Trial Judgement 2001, p. 118.
* ↑ Trial Judgement 2001, p. 100.
* ↑ ICTY 2017.
* ↑ Indictment 1995.
* ↑ Indictment Review 1995.
* ↑ NATO 2004.
* 1 2 3 4 5 Kvočka et al.
* ↑ Borger 2016, p. 338.
* ↑ Amended Indictment 1999.
* ↑ Final Indictment 2000.
* 1 2 Maystre & Rangel 2012, pp. 556–567.
* ↑ Klip 2001, pp. 111–120, 123–124.
* ↑ Trial Judgement 2001, p. 205.
* 1 2 Appeal Judgement 2005.
* ↑ Provisional Release 2004.
* ↑ Strupinskienė 2023, p. 132.