Download pdf - Basic Extradition

8/3/2019 Basic Extradition

1/7

lJNITED STATES DISTRICT COURTFO R THE EASTERN DISTRICT OF KENTUCKY

CENTRAL DIVISION OF LEXINGTON

IN THE MA TIER OF THE EXTRADITION OF

E l s ~ e I ' nD1strlotofKentucF I L E D

MAR 0 9 2011

AT LEXINGTON LESLIE G WHITMER

CLERK U S DISTRICT COURT

AZRABASIC

COMPLAINT TO OBTAIN EXTRADITION(18 U.S.C. 3184)

I, the lUldersigned Assistant United States Attorney, being duly sworn, state on

infonnation and belief that the following is true and correct:

1. In this matter I act for and on beha lf of the Government of Bosnia and Herzegovina (the

requesting state);

2. There is an extradit ion treaty in force between the United States and Bosnia and

Herzegovina, 32 Stat. 1890, Treaty Series 406, as a successor state to the fonner Yugoslavia,

which is being used in conjlUlction with the United Nations Convention Against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (the "Torture Convention"), signed

in New York on December 10, 1984, which entered into force for the United States on November

20, 1994 and on September 1, 1993 for Bosnia and Herzegovina.

3, In accordance with Article 1 of the extradition treaty, the Government of Bosnia and

Herzegovina asked the Uni ted States through diplomatic channels for the extradition of AZRA

BASIC; .

4, According to the infonnat ion provided by the requesting state in the fonn authorized by

the extradit ion treaty, AZRA BASIC is wanted to stand trial in the District Court ofDoboj for

the offense of war crimes against civilians for her acts in the Derventa municipality during the

Bosnian war in 1992. 'War crimes against civilians' - Article 433 of the Criminal Code of the

Republika Srpska, the political entity of Bosnia and Herzegovina within which the Derventa

Case: 5:11-mj-05002-REW Doc #: 1 Filed: 03/09/11 Page: 1 of 7 - Page ID#: 1


2/7

municipality is located, and Article 173(1) of the Criminal Code of Bosnia and Herzegovina

cover numerous acts, including murder and torture.

5. Both murder and torture are crimes for which the United States can extradite individuals

to Bosnia and Herzegovina. Murder is enumerated in the "Treaty between the United States and

Servia for the Mutual Extradition of Fugitives from Justice, signed at Belgrade, October 25,

1902, entered into force June 12, 1902" ("1902 Extradition Treaty"), which was in force with the

former Yugoslavia and applies to Bosnia and Herzegovina as a successor state. Torture is

extraditable under the 1902 Extradition Treaty, in conjunctionwith the Torture Convention,

which entered into force for the United States on November 20, 1994 and on September 1, 1993

for Bosnia and Herzegovina.

6. In accordance with Article 8 o f the Torture Convention, each of the offenses listed in

Article 4 of the Torture Convention shall be deemed to be included as an extraditable offense in

the 1902 Extradition Treaty. The conduct underlying the offenses charged in Bosnia and

Herzegovina's extradition request includes murder and torture, as defined in Article 1 of the

Torture Convention.

7. The evidence proffered by Bosnia and Herzegovina and set forth in this pleading provides

sufficient probable cause to detain AZRA BASIC under United States law. As such, the

evidence set forth in this extradition package satisfies Article 1 of the 1902 Extradition Treaty.

8. Article 7 of the 1902 Extradition Treaty states that extradition shall not be granted i f the

statute of limitations associated with the relevant criminal offenses of the requested state have

not been met. The statute of limitations on prosecuting these offenses are set forth in U.S.C. 18

Sections 3281 and 3282. Under sections 3281 and 3282, there is no statute of limitations for



3/7

murder and the stahlte of limitations for torture is five years because it is not a capital offense

and there is no statute oflimitations provided by the Torture Convention or U.S.C. 18 Section

2340 (Torture). In this case, the crimes were committed in 1992 and the criminal charge against

AZRA BASICwas filed one year later in 1993, well within the applicable statute of limitat ions.

9. On January 12, 1993, the Republika Srpska 's Ministry o f Internal Affairs, Public Security

Center in Doboj criminally charged AZRA BASIC, identity then unknown, wi th wa r crimes

against civilians. The District Attorney's Office in Doboj led the investigation against AZRA

BASIC (case no. KT-490104) and ultimately identified Basic as the perpetrator o f the crimes

based on accumulated victims' statements, medical examinations, and forensic reports taken

between 1992 and 2001 with which to identify AZRA BASIC.

10. Interpol Washington successfully located AZRA BASIC in the Eastern District o f

Kentucky in 2004. However, the District Court o f Doboj did no t issue an international arrest

warrant until October 19, 2006, which was immediately after they were able to demonstrate to a

Bosnian court that AZRA BASIC committed war crimes against civilians. In February 2007, th e

United States received the fonnal request to extradite AZRA BASIC.

11. Upon receiving Bosnia's extradition package from the United States' Department of

State, the Office of International Affairs o f the Department o f Justice requested from Bosnian

prosecutors further evidence ascribing the criminal offenses set forth to AZRA BASIC. Bosnian

prosecutors provided this additional identifying infonnation in February 2010 and April 2010.

12. The warrant was issued on the basis o f events that occurred between April 1 ~ and June

1992 in three primary locations - the Yugoslav National Anny (YNA) camp, the Rabic camp,

and the Poljara camp - near the majority-Serbian Cardak settlement in Derventa. The victims, all



4/7

of whom were ethnically Serbian, claim they were taken from the Cardak sett lement on or around

Apri126, 1992, by AZRA BASIC and other uniformed members of the Croatian army (HVO)

and were subsequently tortured.

13. Witness and victim testimony, six victims' photo identification, and certified military

records from the Ministry of Defense of the Republic of Croatia demonstrate that AZRA BASIC

is both the individual that committed crimes of torture and murder as well as the target of this

extradition request. Only the extraditable crimes of murder and torture, as defmed by Article 1 of

the Torture Convention, that B A ~ i I Cis suspected to have committed have been summarized.

14. Eye Witness testimony demonStrates that AZRA BASIC murdered Blagoje DruRAS in

1992. Radojica GARIC, in his October 1992 testimony, asserted that after DmRAS was beaten

to unconsciousness, "one woman wearing a uniform of a Croatian soldier approached and

stabbed him [DruRAS] with a knife in the area of his neck, after which he moaned and ended his

life. After that Azra took us by the hair and dragged us to the wound on the neck from which the

blood ran and made us drink that blood." Dragan KOVACEVIC, during his October 1994

testimony, recounted that "while we were in the YNA Centre, Croat policemen and soldiers beat

up Blagoje DruRAS, from the settlement Cardak, and after that Azra approached and slit his

throat." In December 2009, KOVACEVIC photo-identified BASIC as the Azra specified in his

eye-witness testimony. In 1993, DruRAS' remains were located and identified outside of

Derventa by forensic anthropologists using DNA who determined that all of the ribs on the left

side of his body, in addition to one on the right side of his body, had been broken prior to death.

15. In September 1992, Sreten JOVANOVIC testified that he was forced to drink petrol,

beaten to unconsciousness, and that his hands and face were set on fire by Azra, whom he



5/7

described as a military policeman of the Rijeka brigade ZNG. JOVANOVIC's November 1994

medical examination corroborated his statements; the examination found rib, head, and nose

fractures, caused by numerous beatings, as well as scarring, caused by burnings. The medical

examination stated that JOVANOVIC had suffered "torture in captivity."

16. In his November 1994 testimony, Mile KUZMANOVIC specified that "a n Azra wearing

it HVO uniform from Rijeka Brigade" ordered him and others to swallow a: handful of salt and

eat Yugoslav money before hitting him with boots, weapon butts, metal bars, electrical cables,

and batons. KUZMANOVIC described how "Azra and other soldiers" forced him to lick blood

of f of floors covered in broken glass and crawl on the glass with a knotted rope in his mouth with

which soldiers used to pull out the teeth o f prisoners. In additio'n to having his nails pulled out

with pliers, KUZMANOVIC specified that "Azra herself, made a cut on my left auricle with

some kind of pliers." In his October 1994 testimony, LukaPATKOVIC venfied that "a short

woman wearing a uniform of a Croatian soldier .. called Azra .. cut Mile KUZMANOVIC's ear

with pliers, I think his left ear, and carved a cross on his forehand and four letters ' 8 ' . "

KUZMANOVIC andPA

TKOVIC photo-identified BASICin

December 2009. Althoughno

medical examination o f KUZMANOVIC was included in the extradition package, a November

1994 medical examination of PATKOVIC noted scarring all over his body as a result o f the

beatings and burnings he received from AZRA BASIC and those she commanded.

17. AZRA BASIC, described in Cedo MARIC's August 1992 testimony as "a female person

in the ZNG uniform named Azra," cut the sign of a cross and four "s" letters into MARIC's

forehead before hacking his neck below his Adam's apple. Monnir LAZIC, according to his

October 1992 testimony, saw a Croatian soldier from Rijeka named Azra carve crosses into the



6/7

foreheads and backs of various prisoners, although he did not specify MARIC as one of these

victims. Luka PATKOVIC, who testified in 1994 and photo-identified BASIC in 2009, stated

that Azra, in addition to cutting off KUZMANOVIC's ear, also carved a cross and four 'S ' letters

into KUZMANOVIC's forehead.

18. The offense of war crimes against civilians, which includes both murder and torture, for

which AZRA BASIC has been charged and for which extradition is sought, falls under Article 2

of the 1902 Extradition Treaty between the United States and Bosnian and Herzegovina, read in

conjunction with the Torture Convention.

19. Pursuant to Article 8 of the Torture Convention, each of the offenses listed in Article 4 of

the Torture Convention shall be included as extraditable offenses in the in the 1902 Extradition

Treaty in force between the United States and Bosnia and Herzegovina.

20. AZRA BASIC, also known as AZRA ALESEVIC, AZRA KOVACEVIC, and

ISSABELL BASIC, is a Croation citizen presently living in the Eastern District of Kentucky.

Her Croation Birth Certificate states she was born AZRA ALESEVIC on June 22, 1959, in

Rijeka, Croatia. Her Bosnia and Herzegovina marriage certificate states she was .married on

March 1,1994, to NEDZAD BASIC and lists her birthdate as June 22, 1959, at Rijeka. AZRA

BASU:'S Kentucky driver's license #B02824787 is in the name of IS S ABELL BASIC. Her

driver's license describes her a 5'5" tall, 185 pounds, with brown hair, date of birth of June 22,

1959, social security #063-84-2081, and residing at 1730 Pecks Creek Road, Stanton, Kentucky.

Her driver's license lists an alias of AZRA BASIC, date of birth June 22, 1959. AZRA BASIC

renewed her driver's license on June 7, 2010. The United States Marshal Service, Lexington,

Kentucky, advised the undersigned on January 13,2011, that it' s Lexis Nexis Accruint Law



7/7

Enforcement Report indicates that AZRA BASIC moved to 667 Boone Creek Road, Stanton,

Kentucky, in November, 2010. Based upon information received from the owner of the property

at 667 Boone Creek Road, Stanton, Kentucky, it is believed that AZRA BASIC is currently

living at tha t address.

21. WHEREFORE, the undersigned complainant requests that a warrant for the arrest of the

afore-named person be issued in accordance with Title 18, United States Code, Section 3184, and

the 1902 Extradit ion Treaty between the United States and Bosnia and Herzegovina; and that, i f

on such hearing, the Cour t deems the evidence sufficient under the provisions of the treaty to

sustain the charges, the Court certify the same to the Secretary of State in order that a warrant

may be issued for the surrender of AZRA BASIC to the appropriate authorities of Bosnia and

Herzegovina according to the stipulations of the treaty; and for such other actions as the Court at

the time may be required to take under the provisions of th e treaty and th e laws of the United

States.

Sworn Wbefore me and subscribed in my presencethis ~ ' / 1 i a yof A1:I4d.c: 2011, at ~ / ' # ' ' ' ' ' ' ' Ii:t...'7.

Robert E. Wier United States Magistrate Judge' , ,-c .

. ,,:" ..

," /" ~ A

:; ~ - " " ' ' ' ' ' ' ' - ~ ' ' ' ' ' ' ' ' . ,..,:./.. ~ - : : ~ : . r

.'
