SOUTHERN DISTRICT OF NEW YORK
S. KADIC, on her own behalf and on behalf of
her infant Sons BENJAMIN and OGNJEN,
INTERNACIONALNA INICIATIVA ZENA 93 Civ. 1163 (PKL)
BOSNE I HERCEGOVINE "BISER," ZENE
BOSNE I HERCEGOVlNE ("ZENA BiH"), RECEIVED
NUSRETA SIVAC. S.A., on her own behalf JUDGMENT 1 1 2000
and as administratrix of her mother's estate, J.J.,
N.S., S. MENKOVIC, and H. HARAMBASIC. CHAMBERS OF
PETER K. LEISURE
Plaintiffs. USDJ/SDNY
- against -
RADOVAN KARADZlC.
Defendant.
This action came on for trial before the Court and a jury, Honorable Peter K. Leisure, District Judge, presiding, and the issues having being duly tried and the jury having duly rendered its verdict, IT IS HEREBY ORDERED AND ADJUDGED AND DECREED that:
Plaintiff N.S. has final judgment against and recovery from defendant Radovan Karadzic of $10,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff Jadranka Cigelj has final judgment against and recovery from defendant Radovan Karadzic of $15,000,000.00 in compensatory damages and $20.000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
A.G. of plaintiff Zene Bosne I Hercegovine ("Zena BiH") has final judgment against and recovery from defendant Radovan Karadzic of $11,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Tesma Elezovic of plaintiff Zena BiH has final judgment against and recovery from defendant Radovan Karadzic of $11,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alicn Tort Claims Act and Torture Victim Protection Act.
Plaintiff S.A. has final judgment against and recovery from defendant Radovan Karadzic as follows:
on her own behalf, $10,000,000,00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act; and
as administratrix of her mother's estate, $10,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff S. Kadic has final judgment against and recovery from defendant Radovan Karadzic as follows:
on her own behalf, $10,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act; and
on behalf of her infant children Benjamin and Ognjen, $20,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff H. Harambasic has final judgment against and recovery from defendant Radovan Karadzic of $12,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff Nusreta Sivac has final judgment against and recovery from defendant Radovan Karadzic of $15,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff S. Menkovic has final judgment against and recovery from defendant Radovan Karadzic of $11,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff Zene Bosne I Hercegovine ("Zena BiH") has final judgment against and recovery from defendant Radovan Karadzic of $50,000,000.00 in compensatory damages and $100,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Plaintiff internacionalna iniciativa Zena Bosne I Hercegovine ("Biser") has final judgment against and recovery from defendant Radovan Karadzic of $50,000,000.00 in compensatory damages and $100,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
R.G. of plaintiff Zena BiH has final judgment against and recovery from defendant Radovan Karadzic of .$10,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
R.L. of plaintiff Zena BiH bas final judgment against and recovery from defendant Radovan Karadzic of $10,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
M.S. of plaintiff Zena BiH has final judgment against and recovery from defendant Radovan Karadzic of $10,000,000.00 in compensatory damages and $20,000,000.00 in punitive damages under the Alien Tort Claims Act and Torture Victim Protection Act.
Each plaintiff shall recover the aforementioned damages with interest thereon, at the rate provided by law, 28 U.S.C. § 1961, along with plaintiffs' costs of this action.
This Judgment encompasses the relief awarded by the jury and does not include additional relief that the Court may impose, including without limitation injunctive relief. This Court shall retain jurisdiction over this action for all proceedings involving the registration and enforcement of this Judgment.
DATED this 16th day of August, 2000.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT Of NEW YORK
S. KADIC, on her own behalf and on behalf of
her infant sons BENJAMIN and OGNJEN, 93 Civ. 1163 (PKL)
NTERNACIONALNA INICIATIVA ZENA
BOSNE I HERCEGOVINE "BISER," ZENE
BOSNE I HERCEGOVINE ("ZENA BiH"),
NUSRETA SIVAC, S.A.., on her own behalf
ORDER AND PERMANENT
and as administratrix of her mother's estate, J.J., INJUNCTION
N.S., S. MENKOVIC, and H. HARAMBASIC,
Plaintiffs,
- against -
RADOVAN KARADZIC,
Defendant.
LEISURE, District Judge:
The Court having entered all Order on June 13, 2000, and the jury having rendered its verdict on August 10, 2000, and based upon the evidence presented ar the trial that commenced on July 31, 2000, the Court finds that the plaintiffs suffer a substantial risk of irreparable injury, have inadequate legal remedies, and remain threatened by defendant's pursuit of ethnic genocide under a pattern and practice of systematic human rights violations, including rape, enforced prostitution, forced pregnancy, torture, wrongful death, extrajudicial killing, and sex and ethnic inequality, and that the public interest mandates a permanent injunction for the defendant's conduct, in favor of the plaintiffs, S. Kadic, Nusreta Sivac, S.A., Jadranka Cigelj, N.S., S. Menkovic, H. Harambasic, Tesma Elezovic, A.G., R.L., R.G., and M.S., and all of their families, and in favor of Biser Internacionalna Iniciativa Zena Bosne I Hercegovine ("Biser") and Zene Bosne I Hercegovine ("Zena BiH"), and all of their members. Following an eight-day trial, and having considered the evidence presented at the trial, the Court hereby makes the following additional findings of fact:
Defendant continues at large and unrestrained;
Defendant's Forces (as hereafter defined) continue to occupy territory within Bosnia-Herzegovina;
Plaintiffs continue to live in fear of the unrelenting campaign of genocide by Defendant and Defendant's Forces; and
Defendant and Defendant's Forces' genocidal intent towards persons of plaintiffs' ethnicity remains unabated.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
PERMANENT INJUNCTION
Under the equitable powers of this Court and the Court's authority under the Alien Tort Claims Act and the Torture Victim Protection Act, 28 U.S.C § 1350 and note, the defendant RADOVAN KARADZIC, and all of his officers, agents, servants and employees, including all persons under the defendant's command or control, formal or actual, in the Serbian military or police forces in the Republic of Srpska, Serbia, Bosnia-Herzegovina, Croatia, or in any other location where they might act under the defendant's command or control, formal or actual (collectively, the "Defendant's Forces"), and also upon all persons in active concert or participation with any of them who receive actual notice of this Order and Permanent Injunction, are hereby immediately and permanently ENJOINED and RESTRAINED from themselves committing, or from aiding, abetting, directing or facilitating others to commit, any acts of "ethnic cleansing" and genocide, including rape, enforced pregnancy, forced prostitution, torture, wrongful deadh, extrajudicial killing, or any other act committed in order to harm, destroy or exterminate any person on the basis of ethnicity, religion and/or nationality.
Defendant Radovan Karadzic also is hereby ENJOINED and RESTRAINED from disposing of, secreting, pledging. encumbering, conveying, transferring, damaging, mortgaging, or otherwise disposing of, or making unavailable to the processes of the court or other legal process, any of his property, including, but not limited to, real property, personal property, cash, bank accounts, securities or any other assets, regardless of whether the property is held individually or jointly with another person or in trust, and regardless of the location of the property.
Willful violation of this Order and Permanent Injunction or any other of this Court's orders may subject any person who commits such an act to criminal and/or civil prosecution for contempt of this Court. Any violation of this Order and Permanent Injunction will result in immediate issuance of an order to show cause for service on the violator, who after appropriate hearings and findings, will be dealt with according to the sanctions provided by law.
This Court shall retain jurisdiction of this action for all purposes, including without limitation, all proceedings involving the enforcement of this Order and Permanent Injunction.
DATED this 6th day of August, 2000.
