War Crimes Monitoring

Crime in Korlat

The second repeated trial against the defendants Stevo Macakanja et al. for a war crime against civilians was concluded before the changed composition of the War Crimes Council of the Zadar County Court.

Due to erroneously and incompletely established facts, the Supreme Court of the Republic of Croatia in a Ruling No. I-Kz-565/00 dated 19 December 2002, quashed the verdict of the Zadar County Court No. K-39/95 of 23 June 2000 and reversed the case to the Zadar County Court for a re-trial. The trial is conducted in the defendants’ absence.
INDICTMENT (SUMMARY)

The indictment issued by the Zadar County State’s Attorney’s Office (hereinafter: the ŽDO), No. KT-78/92 of 1 August 1995 charged the defendants, Stevo Macakanja, Željko Ležaja, Branko Kužet and Željko Cupać, that on 5 June 1992 in Korlat, at the temporarily occupied territory of the RoC, as members of paramilitary formations, during the armed conflict between rebel Serbs’ formations and armed forces of the RoC, together with five other unidentified unknown persons, decided to kill and abuse and killed civilian Milan Bulić.

Indictment.doc (in Croatian)
GENERAL DATA

The second repeated trial against the defendants Stevo Macakanja et al. for a war crime against civilians commenced before the War Crimes Council of the Zadar County Court on 30 March 2006.

Zadar County Court

Indictment No.: KT-78/92, of 1 August 1995, represented by the Zadar ŽDO

Number of the quashing ruling of the Supreme Court of the RoC: I Kž-565/00 of 19 December 2002, I Kž-682/03, of 29 September 2005

War Crimes Council: Judge Enka Moković, Council President; Judge Vladimir Mikolčević, Council member and Judge Boris Babić, Council member

Prosecuting attorney: Slobodan Denon, Deputy Zadar County State’s Attorney

Criminal act: war crime against civilians

Defendants: Stevo Macakanja, Željko Ležaja, Branko Kužet and Željko Cupać

Defence counsels:
lawyer Ante Ivković – defence counsel of the defendant Stevo Macakanja, lawyer Ante Krajina – defence counsel of the defendant Željko Ležaja, lawyer Ivica Ivanić – defence counsel of the defendant Branko Kužet, lawyer Goran Nižić – defence counsel of the defendant Željko Cupać, all lawyers practising in Zadar

Victims: – killed Milan Bulić.
MONITORING REPORTS
We monitored the process only occasionally. You can find the overview of the second repeated trial in the attached document.

VERDICT

On 4 October 2006, the President of the War Crimes Council, Judge Enka Moković, pronounced the verdict No. K-70/05, which found the defendant Stevo Macakanja and the defendant Željko Ležaja guilty as charged.

  • Stevo Macakanja was sentenced to 20 years in prison.
  • Željko Ležaja was sentenced to 5 years in prison.
  • The defendants Branko Kužet and Željko Cupać were acquitted of charges.

FINAL OPINION OF THE MONITORING TEAM

The War Crimes Council of the Zadar County Court in a changed composition conducted the second repeated criminal procedure against the defendants Stevo Macakanja, Željko Ležaja, Branko Kužet and Željko Cupać in a correct manner. The Council established that, out of the presented evidence and the established facts, it was not possible to conclude beyond any reasonable doubt that Branko Kužet and Željko Cupać were co-perpetrators of the criminal act referred to in Article 120, paragraph 1 of the OKZ RH or that they gave support to the 1st and the 2nd defendant and encouraged them in their actions towards the civilian Milan Bulić, as stated in the indictment.

It remains unclear due to which reasons the previous Council, in the first repeated procedure, failed to act according to the instructions provided by the Supreme Court of the RoC, as a result of which the procedure was unnecessarily delayed because the second repeated procedure had to be conducted, as well.

Crime in Slunjska Selnica (defendant Miroslav Bijelić et. al)

The main hearing began on 29 April 2010 at the Karlovac County Court in the repeated trial against the defendants Miroslav Bijelić, Savo Padežanin, Đuro Tepšić and Rade Bjeloš, indicted for the commission of a war crime against civilians.
By the verdict issued by the War Crime Council of the Karlovac County Court on 29 June 2010, the defendants Bijelić, Padežanin and Tepšić were found guilty and sentenced to 10 years of imprisonment each. The defendant Bjeloš was acquitted of all charges.

INDICTMENT (SUMMARY)

The Indictment No. KT – 6/96 of the Karlovac ŽDO issued on 29 February 1996 charges the 2nd defendant Miroslav Bijelić, the 3rd defendant Savo Padežanin, the 4th defendant Đuro Tepšić and the 5th defendant Rade Bjeloš that on 15 May 1992 in Slunjska Selnica, as members of a paramilitary unit of the then “SAO Krajina” and executing orders issued by their immediate commander Rade Peleša, killed Josip Obranović and thereby committed a war crime against civilians.
GENERAL INFORMATION

Karlovac County Court

Case file number: K-1/04

War Crimes Council: judge Ante Ujević, Council President; judges Jasminka Jerinić Mušnjak and Marijan Janjac, Council Members

Indictment: No. KT-6/96 of 29 February 1996 issued by the Karlovac County State Attorney’s Office (hereinafter. ŽDO)

Prosecution: Zdravko Car, the Karlovac County Deputy State’s Attorney

Criminal act: war crime against civilians under Article 120, paragraph 1 of the Basic Criminal Law of the Republic of Croatia (hereinafter: OKZRH)

Defendants: Miroslav Bijelić, Savo Padežanin, Đuro Tepšić and Rade Bjeloš – tried in absentia

Defence: lawyers Stanislav Rožman (for the defendant Bijelić); Hrvoje Rožman (for the defendant Padežanin); Davor Bartolac (for the defendant Tepšić); Sanda Kličarić (for the defendant Bjeloš)

Victim – killed: Josip Obranović
PREVIOUS CASE HISTORY

The original (1996) trial was conducted against five defendants comprising four aforementioned defendants and the 1st defendant Rade Peleša. Only the 1st defendant was present in that trial. As regards the other four defendants, the trial was conducted in their absence. On 27 November l996, all five defendants were found guilty and sentenced to 10 years in prison each.

In March 1998, the Supreme Court of the Republic of Croatia quashed the first instance verdict. It reasoned it with the fact that a substantive violation of the criminal procedure provisions occurred during the first instance trial – the first instance court, in one of its main hearing sessions, conducted the questioning of witnesses in absence of the defence counsel representing the 2nd to 4th defendants.

The repeated criminal proceedings was conducted only against the defendant Rade Peleša who was present in the trial (i.e. available to the Croatian judiciary). On l6 March l999, he was found guilty and sentenced to 12 years in prison. The Supreme Court later altered the first instance verdict in the sentencing section and thereby it sentenced the defendant Peleša to 10 years in prison. Meanwhile, he completed serving his prison sentence.
TRIAL MONITORING REPORTS

SLUNJSKA SELNICA izvjestaji s rasprave – trial monitoring courts, available in Croatian

 
VERDICT

By the verdict issued by the War Crime Council of the Karlovac County Court on 29 June 2010, the defendants Bijelić, Padežanin and Tepšić were found guilty and sentenced to 10 years of imprisonment each. The defendant Bjeloš was acquitted of all charges.

Crime in Lovinac

In the case number K-49/06, the second repeated trial has begun against the defendants Radoslav Čubrilo, Milorad Čubrilo, Milorad Žegarac, Petar Ajduković and Gojko Mrkajlo before the Rijeka County Court. The defendants are prosecuted for a war crime against civilians pursuant to Article 120, Paragraph 1 of the Penal Law of the Republic of Croatia.

Following the recess exceeding three years and the prosecution’s dropping the charges against all defendants except the 1st defendant Radoslav Čubrilo,the main hearing has had to start anew in 2011.

The Rijeka County Court rendered the first-instance verdict in the case of Radoslav Čubrilo and sentenced him to 15 years in prison for war crime against civilians committed in Lovinac in May 1991.

THE INDICTMENT (SUMMARY)

According to the indictment, on 5 May 1991, Radoslav Čubrilo, Milorad Čubrilo, Milorad Žegarac, Petar Ajduković and Gojko Mrkajlo launched a mine attack on the village of Lovinac and then barged into the village burning residential and economic houses, killing one villager (civilian Milan Sekulić) instantly, taking six villagers away, and killing five villagers later (civilians Stjepan Katalinić, Jura Sekulić, Marko Pavičić, Ivan Ivezić and Martin Šarić).

On these counts the defendants are charged with a war crime against civilians, punishable pursuant to Article 120, Paragraph 1 of the Penal Law of the Republic of Croatia.

Following the recess exceeding three years and the prosecution’s dropping the charges against all defendants except the 1st defendant Radoslav Čubrilo,the main hearing has had to start anew in 2011.

GENERAL INFORMATION

Rijeka County Court

Case No: K-48/06

War Crime Council: Juge Srebrenka Šantić, Council President; Judge Dragan Katić, Council member; lay magistates Ivan Šuflaj, Marijan Peranić and Milan Draginić, Council members.

On 14 May 2007, the main hearing started before a changed Council, consisting of Judges Saša Cvjetić, Council President, Duško Abramović and Vlado Skorup, Council members. The change in the constitution of the Council was conducted is in accordance to the Law on the Application of the Statute of the International Criminal Court and Prosecution of Crimes Against the Values Protected by the International Humanitarian Law,

Indictment No: K-DO-53/06, issued by the Rijeka County Court and altered at the court session of 17 September 2006

Prosecuting attorney: Darko Karlović, the Rijeka County Deputy State’s Attorney

Criminal offence: a war crime against civilians pursuant to Article 120, Paragraph of the Penal Law of the Republic of Croatia

Defendants (all in absentia): Radoslav Čubrilo, Milorad Čubrilo, Milorad Žegarac, Petar Ajduković, Gojko Mrkajlo

Court-appointed defence lawyers: Alen Bilić, lawyer from Rijeka; Goran Marjanović, lawyer from Rijeka; Đuro Vučinić, lawyer from Rijeka; Ivan Čerin, lawyer from Rijeka; Milenko Škrlec, lawyer from Rijeka

Attorney-in-fact of the injured persons: none

Victims:
– the executed: Stjepan Katalinić, Jure Sekulić, Marko Pavičić, Ivan Ivezić, Martin Šarić, Milan Sekulić
MONITORING REPORT

This is the second repeated trial in the criminal procedure which first started in 1994. The defendants are tried in absentia. Namely, on 24 November 1992, the Gospić County State Attorney’s Office issued the indictment number KT-45/92, charging seven persons with a war crime against civilians pursuant to Article 120, Paragraph 1 of the Penal Law of the Republic of Croatia. Thus far, the Gospić County Court has announced two non-final verdicts. With the latter non-final verdict the Court convicted the defendants Radoslav Čubrilo, Gojko Markajlo, Milorad Čubrilo and Petar Hajduković and sentenced them to 20 years in prison, while the defendant Milorad Žegarac received a prison sentence of 15 years. The defendants Bogdan Šobat and Bogdan Čubrilo were acquitted of all charges in the indictment.

However, the Supreme Court ordered a repetition of the trial on both occasions.

The case number Kž-847/1994 was also returned for a repeated trial before the Gospić County Court, but the Supreme Court decided to delegate the case to the Rijeka County Court (following the decision number IKž 573/00) due to an insufficient number of judges at the Gospić County Court to form a new council. The Supreme Court also ordered a repeated examination of all witnesses as well as a thorough analysis of their statements and the links among them.

Pursuant to Article 20 of the Criminal Procedure Law, the Rijeka Couny Court formed a Council before which the trial was held until 14 May 2007. However, he Council comprised of two professional judges and three lay magistrates, which was not in accordance with Article 13, Paragraph 2 of the Law on the Application of the Statute of the International Criminal Court and Prosecution of Crimes Against the Values Protected by the International Humanitarian Law (NN 175/03), which prescribes that the council of the county court presiding over a war crime trial should comprise of three professional judges with experience in most complex cases.

The Court thus breached this law, but there were no objections to the composition of the Council.

Since 14 May 2007, the trial has been held before a Council composed of three professional judges from the Rijeka County Court, which is in accordance with the Law on the Application of the Statute of the International Criminal Court and Prosecution of Crimes Against the Values Protected by the International Humanitarian Law. The judges are, however, from the civic law department.

The main hearing of the second repeated trial began on 17 October 2006. The indictment was altered at the first court session.

So far, 28 witnesses have been examined (Mile Račić, Manda Račić, Anka Katalinić, Ivan Katalinić, Karlo Sekulić, Ivka Sekulić, Mile Matajić, Željka Ivezić, Ivan Šarić, Manda Ivezić, Dane Pavičić, Ivan Pavičić, Petar Sekulić, Mirko Horvatin, Marko Bobinac, Ivan Grgat, Josip Šarić, Mate Šarić, Pavao Krpan, Andrija Ostojić, Tomislav Latvić, Marko Župan, Pavle Račić, Pavao Račić, Marijan Matijević, Josip Vrkljan, Milan Dobrić and Luka Budak).

The medical expert witness Dr. Renata Dobi-Babić has presented her findings and given expert opinion on the death of the injured persons. The balistics expert witness Rade Stojadinović has also testified. A reconstruction of the events in the village of Lovinac has been performed showing the circumstances of the execution of the five civilians.

 

SENTENCE

The Rijeka County Court rendered the first-instance verdict in the case of Radoslav Čubrilo and sentenced him to 15 years in prison for war crime against civilians committed in Lovinac in May 1991.

MONITORING REPORT

It is perplexing that the Rijeka County Court, which has already formed a special war crime department (in accordance with the Law on the Application of the Statute of the International Criminal Court and Prosecution of Crimes Against the Values Protected by the International Humanitarian Law) to which the Supreme Court delegates war crime cases from the Gospić County Court, has failed to apply the same Law and form a War Crime Council comprising of three professional judges. Further, the judges appointed to the Council all come from the civic law department. Although Article 12, Paragraph 2 of the foregoing Law prescribes that a war crime council should comprise of «three judges who are distignuished by their expreience in working on most complex cases», not specifying which cases categorize as the most complex, we still believe that members of a war crime council should involve judges experienced in criminal cases (due to seriosness of the war crime and their understanding of the matter) and not civic cases. Thus, we wish to warn of the obvious «flaw» in this Law and the worrying situation at the Rijeka County Count which has a special war crime department to which cases from other county courts are delegated, while at the same time lacks judges experienced in criminal cases.

The court procedure for this case has been in progress since 1994. Considering that it has been a year since the last court session was held, such a long adjournment (longer than two months) means that the trial will have to start again. Although this is a case of a trial in absentia, and therefore possibly not seen as priority, it is time that the trial lasting for 14 years was brought to an end.

30 July 2008

Crime in Tovarnik

The main hearing began on 13 April 2010 at the Vukovar County Court in the trial against Miloš Stanimirović and another fourteen persons. The defendants were charged that following 20 September 1991 in Tovarnik they were displacing, killing, mentally torturing Croat and non-Serb civilian population and were seizing or destroying their property. Thus, they committed criminal offences against humanity and international law – a genocide as described and punishable according to Article 119 of the OKZRH and a war crime against civilians as described and punishable according to Article 120, paragraph 1 of the OKZRH by applying Article 43 of the OKZRH.

The indictment was amended on 10 April 2012. According to the amended indictment, eleven defendants are charged with a war crime against civilians, and three defendants are charged with armed rebellion. Criminal proceedings were discontinued in respect of one female defendant who died.

The first-instance judgement of the Vukovar County Co

urt’s War Crimes Council was pronounced on 23 April 2012.
INDICTMENT (SUMMARY)

The defendants were charged that following the occupation of Tovarnik on 20 September 1991 by the so-called JNA, Serb paramilitary formations and extreme persons adjoined to it, having joined the occupation forces contrary to Article 3, 27 and 53 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, Article 51, item 2 of the Protocol I, Article 4 of the Protocol II of the same Geneva Convention and Article II of the Convention on the Prevention and Punishment of the Crime of Genocide, with the intention to make this area ethnically clean and to render further living to Croat and other non-Serb population impossible, they were displacing, killing and mentally torturing Croat and non-Serb civilian population and were seizing or destroying their property. Thus, by violating the international law rules in time of armed conflict, the defendants were killing, torturing, inflicting great suffering and bodily injuries to the mentioned population. The defendants were displacing them and plundering their property with the intention to destroy entirely Croat population by killing, inflicting serious bodily injuries and by forcibly displacing the population;

the defendants had thereby committed criminal acts against humanity and international law – a genocide as described and punishable according to Article 119 of the OKZRH and a war crime against civilians as described and punishable under Article 120 of the OKZRH by applying Article 43 of the OKZRH.

To see the Indictment No. DO-K-34/00 of the Vukovar County State Attorney’s Office (hereinafter: the ŽDO) issued on 1 February 2001, available in Croatian, click here.

The indictment was amended on 10 April 2012. According to the amended indictment, eleven defendants are charged with a war crime against civilians, and three defendants are charged with armed rebellion.
GENERAL INFORMATION

Vukovar County Court

Case file number: K-6/01

War Crimes Council: judge Nikola Bešenski, Council President; judges Nevenka Zeko and Zlata Sotirov, Council Members

Indictment: the DO-K-34/00 Indictment of the Vukovar ŽDO, issued on 1 February 2001; the indictment was amended on 10 April 2012

Criminal act: a genocide, under Article 119 of the OKZRH and a war crime against civilians under Article 120, paragraph 1 of the OKZRH by applying Article 43 of the OKZRH; the charges after amending the indictment were: war crime against civilians under Article 120, paragraph 1 of the OKZRH and a criminal offence – armed rebellion under Article 235, paragraph 1 (236.f) of the Criminal Law Act of the Republic of Croatia

Prosecution: Miroslav Šarić, Vukovar County Deputy State’s Attorney

Defendants: Miloš Stanimirović, Stevan Srdić, Dušan Stupar, Boško Miljković, Dragan Sedlić, Branislav Jerković, Jovo Janjić, Milenko Stojanović, Dušan Dobrić, Djuro Dobrić, Jovan Miljković, Katica Maljković, Nikola Tintor, Željko Krnjajić and Radoslav Stanimirović – all unavailable to Croatian judiciary authorities; thus are being tried in their absence

Defence: Stjepan Šporčić, Šimo Filipović, Jasminka Mandić, Jelica Balog, Dubravko Marjanović, Dražen Marković, Branimir Fingler, Hrvojka Čolaković, Josip Ćorluka, Berislav Knez, Igor Plavšić, Darko Bekavac, Ranko Janjić, Krunoslav Gloković and Domagoj Rešetar

Victims (according to the DO-K-34/00 Indictment of the Vukovar ŽDO of 1 February 2001, in respect of 24 defendants):

– killed: Ruža Jurić, Ivan Jurić, Željko Vrančić, Antun Šimunić, Berislava Šimunić, Danijel Marinković, Mato Ćuk, Marijan Mioković, Rudolf Rapp, Ivan Zelić, Stjepan Matić, Stipo Kovačević, ? Bilić, an unindentified person, Karlo Grbešić, Anto Markanović, Marko Bošnjak, Ivo Maleševac, Djuro Grgić, Marin Mioković, Branko Salajić, Tomo Glibo, Filomena Glibo, Ivan Burik, Pavao Vrančić, Ilija Džambo, Krešo Puljić, Mato Čulić, Vojko Selak;

– tortured: Mirko Markutović, Živan Markutović, Andrija Jurić, Tomislav Grgić, Stjepan Marinković, Pavo Donković, Božo Grbešić, Žarko Grbešić, Dragan Hajduk, Glibo Stjepan, Branko Šimunić, Ratko Dovičin, Marin Mitrović, Marijan Matijević;

– expelled: Ilija Šimunić, Tomislav Grgić and his mother, Jozo Beljo and his family, Vlatko Glavašić, Ivan Palijan’s family, Ivo Djurić, Juro Beljo, Mato Ćuk, Mijo Siketić’s family, Andrija Jurić, Stipo Glibo, Vjekoslav Mioković, Josip Djurčinović, Martin Djurčinović, Marija Topić, Marica Grgić, Đuro Grgić, Ivan Zelić, Stjepan Matić, Dragan Hajduk, Mijo Petković;

– coerced to forced labour: Mijo Siketić, Mile Ivančić (wounded), Stipo Kovačević, Bilić and one more unidentified person, Martin Habčak;

– burned houses: Marin Šijaković, Vlatko Glavašić, Rudolf Rapp, Dragan Hajduk;

– maltreated: Marija Palijan, Tanja Palijan, Martin Habčak, Adam Čurčinović
TRIAL MONITORING REPORTS

On 1 February 2001, the indictment was raised against 24 defendants.

On the basis of the Vukovar County Court’s Decision No: Kv-122/01 of 29 October 2001 the trial was separated in respect of the defendants Milenko Stupar, Strahinja Ergić, Dragoljub Trifunović, Đorđe Miljković, Mićo Miljković and Janko Ostojić. The trial against them was concluded with a legally binding verdict.

The aforementioned defendants were present in the course of the trial. Milenko Stupar, Strahinja Ergić, Dragoljub Trifunović and Mićo Maljković received a verdict of acquittal, Janko Ostojić received a verdict of rejecting the charges, whereas Đorđe Miljković received a verdict of conviction sentencing him to 3 years in prison.

On the basis of the Decision No. Kv-64/06 of 22 March 2006 issued by the same Court, the trial was separated in respect of Aleksandar Trifunović. Trifunović was kept in custody and was present in the trial. However, the Vukovar County Court accepted the registration of his property – a house to serve as a guarantee for the defendant’s presence during the trial and thus it vacated his detention. The Supreme Court quashed the decision on guarantee and on vacating detention. However prior to that, the defendant fled from the Republic of Croatia. An international warrant was issued against him.

Further, the proceedings were discontinued in respect of the defendants Jovan Medić and Božo Rudić because of their deaths.

The Extra-Trial Chamber of the Vukovar County Court issued a decision No. Kv-288/06 of 26 February 2007 determining a conduct of the trial in absence of other remaining defendants (fifteen person). You can see the Decision (in Croatian) here.

At the hearing held on 11 February 2011, the Council President informed the parties and the audience that the trial against defendant Katica Maljković is discontinued due to her death.

JUDGEMENT

On 23 April 2012 the Vukovar County Court’s War Crimes Council pronounced a first-instance judgement rejecting the charge in respect of three defendants (Dušan Dobrić, Đuro Dobrić and Jovan Miljković), after the change of legal qualification into armed rebellion of the criminal offence stated in the indictment- thus the General Amnesty Act was applied.

Defendants Branislav Jerković, Jovo Janjić, Milenko Stojanović and Nikola Tintor are acquitted of the charge because of the lack of evidence to prove them guilty as charged in the indictment.

Defendants Miloš Stanimirović, Stevan Srdić, Dušan Stupar, Boško Miljković, Dragan Sedlić, Željko Krnjajić and Radoslav Stanimirović are found guilty and sentenced to the following prison terms: Miloš Stanimirović (10 years), Stevan Srdić (8 years), Dušan Stupar (6 years), Boško Miljković (8 years), Dragan Sedlić (6 years), Željko Krnjajić (6 years) and Radoslav Stanimirović (5 years).

Crime in Nova Gradiška


Trial against Ivan Kumić, charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.
INDICTMENT (SUMMARY)

The injured party stated in his capacity as prosecutor that defendant Ivan Kumić acted inhumanely against him as civilian. On 9 August 1992, during armed conflict between the Croatian armed forces and members of ex-JNA and Serb paramilitary formations, the defendant in his capacity as member of Military Police Operation Group Nova Gradiška’s company (with Ante Šolić as their commander), acted inhumanely against the injured party who was civilian within the premises of military barracks where the injured party was brought in from Slavonski Kobaš. The defendant, together with several still unidentified members of the Military Police company, treated there the injured party inhumanely, blasphemed against his human dignity, humiliated and maltreated him mentally and physically, and the defendant beat him several times all over his body. This way, the defendant violated the provisions of Article 3 paragraph 1 items (a) and (c) of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and Article 4 paragraph 1 items (a) and (e) of the Protocol (II) Additional to the Geneva Conventions of 8 June 1977 (non-international armed conflicts). The injured suffers from mental instability caused by described actions by the defendant. On 10 August 1992 he attempted suicide by stabbing his abdomen with pointed glass parts and sustained serious life-threatening injuries.

Therefore, by violating international law rules at the time of armed conflict, the defendant inhumanely treated a civilian and thus committed a criminal offence against humanity and international law – war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

The indictment can be viewed (in Croatian language) here.

Remark:

The Slavonski Brod ŽDO submitted a request for investigation (No. K-DO-6/11) against Ivan Kumić. Investigative judge of the Slavonski Brod County Court passed a Decision on initiating investigation No. Kio-25/11. During investigation, the suspect, the injured party and 14 witnesses were heard and forensic evaluation of the injured party was carried out. The Slavonski Brod ŽDO dropped charges against the suspect during investigation but the injured party stated that it would assume criminal prosecution. The Slavonski Brod County Court informed the injured party (Nr. Kio-25/11 of 25 April 2012) that the investigation was completed and that within the period of eight days he can submit the indictment to the competent court “for the relevant criminal offence against the accused person, cautioning about discontinuation of the proceedings”.
GENERAL INFORMATION

Osijek County Court

War Crimes Council (judges’ panel): Krunoslav Barkić, Council President, Anto Rašić and Damir Krahulec, Council Members

Defendant: Ivan Kumić

Prosecution: Dimitrije Škrpan, injured party as prosecutor

Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH

Defence: Julka Bandić, lawyer practicing in Osijek, Alojzije Fiuri, lawyer practicing in Požega

 

TRIAL MONITORING REPORTS

NOVA GRADIŠKA izvještaji s praćenja (available in Croatian language)

VERDICT

In November 2012, the Osijek County Court’s War Crimes Council pronounced the first- instance verdict in which accused Kumić was acquitted of charges.

Crime in Osijek – the accused Mirko Sivić

Proceedings against Mirko Sivić for a war crime against civilians committed in Osijek. Due to incapacity of the defendant Sivić to stand trial because of an illness, his case had been separated from the trial against Branimir Glavaš et al., who already received final sentences.

INDICTMENT (SUMMARY)

The Indictment charges the 1st defendant Branimir Glavaš, the 2nd defendant Ivica Krnjak, the 3rd defendant Gordana Getoš Magdić, the 4th defendant Mirko Sivić, the 5th defendant Dino Kontić, the 6th defendant Tihomir Valentić and the 7th defendant Zdravko Dragić for a commission of a war crime against Osijek civilians. The 1st defendant, the 2nd defendant and the 3rd defendant have been charged that they violated the international law rules because they ordered the killing and inhumane treatment of civilians. The 4th defendant Mirko Sivić, the 5th defendant Dino Kontić, the 6th defendant Tihomir Valentić and the 7th defendant Zdravko Dragić have been charged that, together with other unidentified soldiers, they arrested and tortured civilians without any grounds, were taking them to the Drava river and were killing them there.

All defendants, excluding the 4th defendant Mirko Sivić, faced trial and received, in the meantime, legally binding (final) sentences for the war crime commission against civilians. More about that trial can be viewed (in Croatian)

The indictment No. K-DO-76/06 issued by the Osijek County State Attorney’s Office on 16 April 2007 can be viewed here:

– the first part
– the second part
GENERAL INFORMATION

Osijek County Court

Case file number: K-rz-7/11

War Crimes Council (panel): Judge Krunoslav Barkić, President of the Council, judges Miroslav Rožac and Darko Krušlin, Council members

Indictment: No. K-DO-76/06 issued by the Osijek County State Attorney’s Office on 16 April 2007,

Representing the Prosecution: Miroslav Kraljević, Osijek County Deputy State Attorney

Criminal act: war crime against civilians under Article 120, paragraph 1 of the OKZRH

Defendant: Mirko Sivić, not detained

Defence: Selim Šabanović, lawyer practising in Zagreb; Radan Kovač, lawyer practising in Osijek

Victims – killed persons: an unidentified male person and Alija Šabanović

Crime in Suknovci and Oklaj


On 31 January 2011 the main hearing began at the Šibenik County Court in the case of Goran Amanović, indicted for committing in the Promina area (Suknovci and Oklaj) a war crime against civilians under Article 120, paragraph 1 of the OKZRH.

On 20 May 2011, the War Crimes Council of the Šibenik County Court pronounced a verdict by which defendant Goran Amanović is acquitted of the charge of war crime against civilians.

The VSRH accepted the appeal of the State Attorney’s Office and quashed the first-instance acquitting verdict.

 

INDICTMENT (SUMMARY)

The defendant is charged that, as a member of Serb paramilitary units in Suknovci and Oklaj from the end of 1991 until 1994, contrary to international law rules, he physically abused and was beating elderly civilians of Croatian ethnicity, causing death to one elderly man by sustained injuries. Also, the defendant is charged with rape of one elderly female civilian, with attempted rape of another female person, and that he threatened, intimidated, terrorised civilians and plundered their property.

 

GENERAL INFORMATION

Šibenik County Court

Case file number: K-44/2010

War Crimes Council (panel): judge Nives Nikolac, President of the Council, judges Sanibor Vuletin and Branko Ivić, Council Members

Indictment: no. K-DO-30/06, of 27 December 2010 issued by the Šibenik County State Attorney’s Office

Prosecution: Emilio Kalabrić, Šibenik County Deputy State’s Attorney

Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH

Defendant: Goran Amanović, held in custody in the detention unit of the Šibenik prison, extradited to Croatia from Bosnia and Hezegovina

Defence: Mladen Klarić, lawyer practising in Šibenik, court-appointed defence counsel

Victims: Krsto Cota – died of sustained injuries from beating; female person (we do not provide the name) – rape victim; female person (we do not provide the name) – attempted rape victim; Stanko Bara – maltreated

 

VERDICT

On 20 May 2011, the War Crimes Council of the Šibenik County Court pronounced a verdict by which defendant Goran Amanović is acquitted of the charge of war crime against civilians.

The VSRH accepted the appeal of the State Attorney’s Office and quashed the first-instance acquitting verdict.

Crime in Maja (defendant Milan Boroević)

Trial against Milana Boroević, charged with a war crime against civilians, under Article 120, paragraph 1 of the OKZRH.

INDICTMENT (SUMMARY)

Indictment No. K-DO-11/03 of 7 June 2010 issued by the Sisak ŽDO charges defendant Milan Boroević with a war crime against civilians because in his capacity as civilian, with the purpose to kill Croatian ethnicity population who remained on temporarily occupied territory of the Republic of Croatia and to seize their property, he entered the house of Đuro Brdarić and killed him from automatic rifle and also strangled his mother Štefanija Brarić with a steel wire on 8 May 1993 in the village of Maja.

GENERAL INFORMATION

Zagreb County Court

War Crimes Council (judges’ panel): judge Tomislav Juriša, Council President

Indictment: No. K-DO-11/03 of 7 June 2010 issued by the Sisak ŽDO

Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH

Prosecution: Marijan Zgurić, Sisak County Deputy State’s Attorney

Defendant: Milan Boroević

Defence: Snježana Drvodelić, lawyer practicing in Petrinja

Victims – killed: Đuro Brdarić and Štefanija Brdarić
ABOUT THE TRIAL CONDUCTED BEFORE THE MUNICIPAL COURT IN GLINA (RSK)

The Municipal Court in Glina/the Republic of Srpska Krajina rendered the verdict on 15 June 1994 in which Milan Boroević was convicted of serious theft – committed on 8 May 1993 in Maja after having learned that Đuro and Štefanija Brdarić went missing, the defendant took out from their house pneumatic corn grinder and 100 kg of lard. He was sentence to 5 months in prison. However, this verdict has never become final and conclusive because the Republic of Serb Krajina ceased to exist after the Military Operation “Storm”.
TRIAL MONITORING REPORTS

Zločin u Maji (opt. Milan Boroević) – izvještaji s rasprave (available in Croatian language)

Crime in Tovarnik (defendant Aleksandar Trifunović)

Trial against Aleksandar Trifunović for war crime against civilians, as described and punishable stated in120 of the Basic Criminal Law Act of the Republic of Croatia (OKZRH).


INDICTMENT(SUMMARY)

On 1 February 2001, the Vukovar County State Attorney’s Office (here in after:ŽDO) issued the indictment against the 1st defendant Miloš Stanimirović and twenty three more persons including the 12th defendant AlekdandarTrifunović.

The indictment no. DO-K-34/00 of 1 February 2001 issued by the Vukovar ŽDO can be viewed (inCroatian) here.

During the trial, Trifunović was in custody and attended the trial, but the Vukovar County Court accepted registration of the defendant’s house to serve as a guarantee of his presence during the trial and thus it vacated his detention. The VSRH quashed the decision on guarantee and release from detention, but the defendant had already escaped from Croatia. An international arrest warrant was issued against him.

Based on the decision no.Kv-64/06 of 22 March 2006 issued by the County Court, the trial against Aleksandar Trifunović was separated from the trial against the other mentioned defendants, factual and legal description including the legal qualification of offences were modified.

According to the Vukovar ŽDO’s indictment issued on 29 March 2006, the defendant is charged with the following: after occupation of Tovarnik on 20 September 1991 by the so-called JNA and joined Serb paramilitary formations and extreme persons, the defendant joined the occupation forces in Tovarnik and together with others participated in the forming of local authority and tasks division on the basis of a mutual agreement with the purpose of making an ethnically clean area and preventing Croatian and other non-Serb population from furtherliving in the village; for that reason, they were expelling, killing, physically maltreating, arrogating property to them selves and destroying it; the defendant is also charged tha the participated in issuing decisions on carrying out activities subjecting entire civilian Croatian population to systematic physical and psychical abuse and that in his capacity as president of Mjesna zajednica (community office) he organised forced labour and was issuing passes for going out of the village, thus by violating international law rules at the time of armed conflict, the defendant was killing, and torturing civilians inflicting them great suffering and bodily injuries, carried out population displacement, plundered property, intimidated and terrorised them and treated them inhumanly, therefore, he committed criminal offences against humanity and international law – war crime against civilians, as described and punishable according to Article 120 of the OKZRH.

The Vukovar ŽDO’s indictment no. DO-K-34/00 of 29 March 2006 can be viewed (in Croatian) here.

GENERAL INFORMATION

VukovarCountyCourt

Casefilenumber:K-22/06

WarCrimesCouncil(panel): judge Slavko Teofilović, President of the Council; we are not familiar with the names of Council Members.

Indictment: the Vukovar ŽDO’s indictment no. DO-K-34/00of1February2001; no. DO-K-34/00of29March2006following the separation of the proceedings amended in respect of defendant Aleksandar Trifunović.

Prosecution:MiroslavŠarić, Vukovar County Deputy State Attorney

Criminaloffence: war crime against civilians stated in Article 120 of the OKZRH

Defendant:AleksandarTrifunović, unavailable to Croatian judiciary

Defencecounsel:IgorPlavšić, lawyer practicing in Vukovar

Victims:

killed:Đuro Grgić, Mato Živić, Željko Vrančić, Đuro Miklošević, Marko Šijaković, Đuka Došen, Ivan Zelić, Josip Šarčević, Miroslav Zelenika, Ruža Ivković, Stepan Kovačić, Jelka Krnić, Jozo Šišić, Ivan Adamović, Danijel Perković,Karlo Grbešić

Crime in the surroundings of Vukovar


Trial against Radivoj Ivković for war crime against civilians, as described and punishable according to Article 120 of the Basic Criminal Law Act of the Republic of Croatia (hereinafter: OKZRH).

INDICTMENT (SUMMARY)

The Vukovar ŽDO’s indictment issued on 30 April 2003 charges the defendant that, in his capacity as member of Serb paramilitary formations in one village in the surroundings of Vukovar in February 1992, he raped one female person and plundered property, and therefore he committed a war crime against civilians stated in Article 120, paragraph 1 of the OKZRH.

GENERAL INFORMATION

Vukovar County Court

Case file number: K-21/03

War Crimes Council (panel): judge Slavko Teofilović, President of the Council; we are not familiar with the names of the Council Members

Indictment: no. K-DO-29/02 of 30 April 2003 issued by the Vukovar County State Attorney’s Office (ŽDO)

Prosecution: Vlatko Miljković, Vukovar County Deputy State Attorney

Criminal offence: war crime against civilians stated in Article 120, paragraph 1 of the the Basic Criminal Law Act of the Republic of Croatia (hereinafter: OKZRH)

Defendant: Radivoj Ivković, unavailable to the Croatian judiciary

Defence: Šimo Filipović, lawyer practising in Vinkovci

Victim (raped): one female person

TRIAL MONITORING REPORTS

Trial monitoring reports are available in Croatian: Okolica Vukovara izvještaji sa praćenja