Verdict after appeal

Crime in Bokšić (defendant Luca Roklicer)

Trial against Luca Roklicer, charged with genocide referred to in Article 141 of the OKZ RH.

GENERAL INFORMATION

Osijek District Court

Case file no.: K-156/92

Judges’ panel: judge Ante Budić, presiding; judge Bogdan Penjić, member; lay judges Ivan Ratković, Ante Kovčalija and Marko Elez, members

Indictment: no. KT-278/92 of 22 December 1992 issued by the Osijek District State’s Attorney

Criminal offence: genocide referred to in Article 141 of the OKZ RH

Defendant: Luca Roklicer, available

Defence Counsel: Ilija Brkić, lawyer practicing in Osijek, court appointed defence counsel

VERDICT (SUMMARY)

On 19 March 1993, according to the Osijek District Court’s Verdict defendant Luca Roklicer was found guilty as charged that after occupation of the Municipality Vukovar area, in particular  in the villages Sremski Čakovci and Bokšić from September 1991 until April 1992, she voluntarily joined occupation formations and, together with members of the so-called JNA, Chetniks, members of TO and so-called SAO Krajina Militia, participated in Bokšić on 15 March 1992 in expulsions of Croatian and other non-Serb ethnicity population from their homes, in denouncing the villagers, forcing them sign confirmations in which they gave away their assets “voluntarily”, participated in jewellery and money seizure and forced transport of the villagers to the free territory of Croatia, and by doing so she insulted and humiliated individuals with the purpose to intimidate them and to make them leave the territory of the Vukovar Municipality in order to establish ethically-clean area of the so-called SAO Krajina and thus she committed genocide referred to in Article 141 of the OKZRH. The defendant was sentenced to 6 years in prison.

The Osijek District Court’s verdict no. K-156/92-38 of 19 March 1993 is available in Croatian here.

On 18 January 1994, the Supreme Court of the Republic of Croatia dismissed the appeals lodged by the State’s Attorney and by defendant Luca Roklicer and confirmed the judgment of the court of first instance.

The VSRH verdict no. I Kž 381/1993-3 of 18 January 1994 is available in Croatian here.

Crime at Sajmište in Vukovar (defendant Jovo Savić)


Trial against Jovo Savić, charged with war crime against civilians and war crime against prisoners of war.

GENERAL INFORMATION

Osijek District Court

Case file no.: K-129/92

Judges’ panel: judge Ružica Šamota, presiding; judge Danijel Zubović, member; lay judges Đuro Vidaković, Josip Kramar and Mato Erceg, members

Indictment: no. KT-154/92 of 10 November 1992 issued by the Osijek District State Attorney’s Office

Criminal offence: war crime against civilians referred to in Article 142 of the OKZRH and war crime against prisoners of war referred to in Article 144 of the OKZRH

Defendant: Jovo Savić, unavailable

Defence counsel: Antun Radman, lawyer practicing in Osijek

Victims – killed: eight unidentified civilians and two unidentified Croatian Army soldiers

 

VERDICT (SUMMARY)

According to the Osijek District Court’s verdict no. K-129/92-36 of 15 March 1993, defendant Jovo Savić was found guilty that

in Vukovar at the area of “Sajmište” in November 1991 (exact date not established),in capacity as non-commissioned officer of the so-called JNA, after special operation unit members under the defendant’s command Slobodan Tošić, Milan Lapčević and Vladimir Đekić had found in the basement of one family house eight citizens and two Croatian Army soldiers, not identified precisely, who put down their weapons and surrendered,

having entered the house yard carrying automatic rifle and grenades, he shot dead by automatic rifle one of the citizens and forced other citizens and two soldiers to enter the basement, handed hand grenades with safety caps pulled out to detained soldiers and, after those grenades exploded, entered the basement and shot dead by rifle fire persons who survived from the explosion.

He was sentenced to 15 years in prison for war crime against civilians and to 15 years for war crime against prisoners of war and, thus, he received an aggregated sentence in the duration of 20 years of imprisonment.

The Osijek District Court’s verdict no. K-129/92-36 of 15 March 1993 is available in Croatian here.

On 2 June 1993, the Appeals Chamber of the Supreme Court of the Republic of Croatia accepted the public prosecutor’s appeal, modified the first-instance verdict in the section determining the sentence and thus sentenced defendant Savić for the commission of war crime against civilians to 20 years in prison and also pronounced the same prison sentence for the commission of war crime against prisoners of war and he received therefore an aggregated sentence in the duration of 20 years of imprisonment.

The VSRH’s verdict no. I Kž 439/1993-3 of 2 June 1993 is available in Croatian here.

Crime in Vukovar (defendant Ivanka Savić)


Trial against Ivanka Savić, charged with genocide and, later on, war crime against civilians.

 

COURSE OF THE PROCEEDINGS

On 20 April 1993, the Osijek District State Attorney’s Office laid the indictment no. KT-295/92 in which Ivanka Savić was charged

that after joining occupation forces in Vukovar from the middle of October 1991 until the middle of April 1992, she

· was determining which Croats and other non-Serb population would be expelled or detained (some of them went missing later on) and

· was deciding who would be forced to labour,

· participated in apprehensions,

· was restricting freedom of movement,

· was deciding who would be sent to concentration camps where people were tortured and killed,

· selected alone more than 220 members of Croatian ethnicity, who were slaughtered by Chetniks on the scene of the crime, and

· expelled remained members of Croatian and other non-Serb ethnicity to the Republic of Croatia,

thus, she committed genocide referred to in Article 141, paragraph 1 of the OKZRH.

The mentioned Indictment is available in Croatian here.

The Osijek County Court, as the court at first instance, conducted the main hearing in absence of the defendant. On 29 June 1994, this Court found Ivanka Savić guilty of committing war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH and sentenced her to 8 years in prison.

We do not have at disposal the Osijek County Court’s verdict K-52/93-104 of 29 June 1994.

On 13 December 1994, the Supreme Court of the Republic dismissed the defendant’s appeal and confirmed the first-instance verdict.

The VSRH’s verdict no. I Kž 842/1994-3 of 13 December 1994 is available in Croatian here.

Pursuant to the request made by convicted Ivanka Savić, enforcement of the prison sentence was suspended and reopening of the proceedings was permitted.

Reopened proceedings – general information

Vukovar County Court

Case file no.: K-3/01

Judges’ panel: judge Nikola Bešenski, presiding; judge Stjepan Čolaković, member; judges Perica Kešinović, Štefanko Andrić and Marko Radić, members

Indictment: no. KT-295/92 of 20 April 1993 issued by the Osijek District State Attorney’s Office, taken over by the Vukovar County State Attorney’s Office (no. K-DO-11/01)

Criminal offence: genocide, later on after amendments, war crime against civilians

Defendant: Ivanka Savić, available

Defence Counsel: Ivica Mačvanin, lawyer practicing in Vukovar

The Vukovar County Court conducted reopened proceedings and, on 21 January 2004, rendered the verdict in which the court abrogated the prior judgment rendered by the Osijek County Court on 29 June 1994, but found the defendant guilty as charged that

from October 1991 until April 1992 in Vukovar, in the “Velepromet” company’s warehouse she was disclosing the names of Croats and other non-Serb population who participated in defending the town, participated in intimidation and abuse of Croats and took away valuable items from the homes belonging to Croats, and thus committed war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH. She was sentenced to 4 years and 6 months in prison.

The Vukovar County Court’s verdict of 21 January 2004 is available in Croatian here.

On 8 September 2004, the Supreme Court of the Republic of Croatia rejected as unfounded the appeals lodged by the State Attorney and by the defendant and confirmed the verdict rendered by the court at first instance.

The VSRH’s verdict no. I Kž 429/04-3 of 8 September 2004 is available in Croatian here.

Crime in Tenja (defendant Goran Hadžić)


Trial against Goran Hadžić, charged with a criminal offence of associating for the purpose of committing criminal offences against values protected by international law referred to in Article 187, paragraph 1 of the Criminal Law Act.

 

GENERAL INFORMATION

Osijek County Court

Case file no.. K-57/95

Judges’ panel: judge Dragan Poljak, presiding; judge Zora Majić, member; lay judges Antun Rakin, Marija Pilgermajer and Tomislav Pavlović, members

Indictment: no. KT-222/92 of 28 April 1993 issued by the Osijek County State Attorney’s Office, amended at the main hearing held on 12 May 1999.

Criminal offence: associating for the purpose of committing criminal offences against values protected by international law referred to in Article 187, paragraph 1 of the Criminal Law Act

Defendant: Goran Hadžić, unavailable

Defence counsel: Boris Kunček, lawyer practicing in Osijek

Victims:

– killed: Ivica Prodanović, Đuro Kiš, Stevo Bačić, Ivo Valentić, Vlado Valentić, Ante Golek, Joso Medved, Franjo Fuček, Marko Knežević, Mara Knežević, Kata Tot, Anuška Horvat, Josip Prodanović, Jure Šarić, Josip Hodak, Stjepan Penjić, Seka Penjić, Francika Bogović, Pero Mamić, Mato Nađ, Marija Cerenko, Manda Banović, Betika Gotovac and Andrija Gotovac

– expelled: 98 Croats and other members of non-Serb ethnicity

 

VERDICT (SUMMARY)

On 12 May 1999, the Osijek County Court pronounced the verdict in which defendant Goran Hadžić was found guilty

that during 1991 and 1992 in his capacity as the president of the so-called Government of Serb Region Slavonija, Baranja and Western Sirmium, he, with his political and public activities, was instigating and inducing Serb population to get military organised and team up with the purpose of expulsion Serb population and elimination of all historical and cultural characteristics of all non-Serbs, Croats in particular,

and, in order to realize Hadžić’s intentions, Jovan Rebrača, Mile Jajić, Savo Šarčević, Dušan Rebrača, Božo Vidaković, Dragan Čugalj, Savo Grnović and Dušan Vidović organised and gathered in the settlement Tenja, within the so-called Territorial Defence and other informal groups, acting in accordance with his (Hadžić’s) guidelines, organised and carried out forced labour for Croats and members of other non-Serb population, restricted their freedom of movement, intimidated and threatened by death, plundered their property, destroyed Catholic church, planted explosives in Croats’ houses,

and caused therefore killing of Croats (Ivica Prodanović, Đuro Kiš, Stevo Bačić, Ivo Valentić, Vlado Valentić, Ante Golek, Joso Medved, Franjo Fuček, Marko Knežević, Mara Knežević, Kata Tot, Anuška Horvat, Josip Prodanović, Jure Šarić, Josip Hodak, Stjepan Penjić, Seka Penjić, Francika Bogović, Pero Mamić, Mato Nađ, Marija Cerenko, Manda Banović, Betika Gotovac and Andrija Gotovac) and, by April 1992, expulsion of 98 Croats and non-Serb population,

therefore, he teamed up several persons into joint activities with the purpose of committing genocide referred to in Article 156 of the Criminal Law Act,

and thus he committed a criminal offence of associating for the purpose of committing criminal offences against values protected by international law referred to in Article 187, paragraph 1 of the Criminal Law Act.

The defendant was sentenced to 8 years in prison.

The Osijek County Court’s verdict is available in Croatian here.

Crime at Velepromet (defendant Dušan Čučković)

Trial against Dušan Čučković, charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

GENERAL INFORMATION

Vukovar County Court

Case file number: K-22/00

War Crimes Council (judges’ panel): judge Nevenka Zeko, Council President; judge Jadranka Kurbel, Council Member; lay judges Joso Lesar, Božo Martinović and Martin Nedeljković, Council Members

Indictment: no. DO-K-1/00 of 3 July 2000, issued by the Vukovar ŽDO, amended at the main hearing held on 8 November 2000

Criminal offence: war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH

Defendant: Dušan Čučković, available

Defence Counsel: Vlatko Vidaković, lawyer practicing in Osijek

Victims – killed: Vlado Petrik and two unidentified persons

VERDICT (SUMMARY)

On 8 November 2000, the Vukovar County Court pronounced the verdict in which the defendant Čučković was found guilty as charged that in his capacity as paramilitary formation member at the „Velepromet“ grounds on 20 November 1991 where non-Serb ethnicity civilians were forcefully detained, he shot dead by firearms Vlado Petrik and two more unidentified persons.

The defendant was sentenced to 20 years in prison.

The Vukovar County Court’s Verdict is available in Croatian  here.

On 14 February 2002, the Supreme Court of the Republic of dismissed the appeal lodged by defendant Čučković and confirmed the judgment of the court of first instance.

The VSRH Verdict No. I Kž-149/01-6 is available in Croatian here.

Crime in Borovo (defendant Dragiša Čančarević)

Trial against Dragiša Čančarević, charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH and a war crime against prisoners of war referred to in Article 122 of the OKZRH.

INDICTMENT

The Indictment no. DO-K-20/99 of 12 October 1999 issued by the Vukovar County State Attorney’s Office is available in Croatian here.

 

GENERAL INFORMATION

Vukovar County Court  

Case file no.:  K-40/99

Judges’ panel: judge Ante Zeljko, presiding; judge Stjepan Margić, member; lay judges Marin Živković, Zoran Bračić and Martin Jurić, members

Indictment: no. DO-K-20/99 of 12 October 1999 issued by the Vukovar County State Attorney’s Office.

Criminal offence: a war crime against civilians referred to in Article 21, paragraph 1 of the OKZRH and a war crime against prisoners of war referred to in Article 122 of the OKZRH

 

Defendant: Dragiša Čančarević, available

Defence counsel: Radojica Vučković, lawyer practicing in Osijek

Victims – maltreated civilians and war prisoners: Mato Dujić, Josip Salaj, Ištvan Bačko, Renato Jelošek, Tihomir Filipović, Zdravko Meter, Nedeljko Putnik, Tomislav Hajduković, Tomislav Kilić, Vlatko Nikolić, Damir Huber, Krešimir Strganac, Nikola Kelava, Predrag Akerman, Marko Andabak, Marinko Bertić

 

VERDICT (SUMMARY)

On 13 April 2001, the Vukovar County Court pronounced the first-instance verdict in which defendant Čančarević was found guilty that by being one of the most influential Militia member from 5 July to 1 September 1991, after occupation of Borovo and forming of the prison centre in the Local Community Office where civilians and war prisoners were brought in, during interrogation of civilians Mato Dujić, Josip Salaj, Ištvan Bačko, Renato Jelošek, Tihomir Filipović and Zdravko Meter, detained ZNG and MUP RH members Nedeljko Putnik, Tomislav Hajduković, Tomislav Kilić, Vlatko Nikolić, Damir Huber and Krešimir Strganac, in his capacity as interrogator he issued orders and permitted unidentified persons to batter the mentioned civilians, and he was personally battering Nikola Kelava and MUP RH members Predrag Akerman and Marko Andabak including also Marinko Bertić who whom he was battering in the economy premises. Majority of battered victims sustained bodily injuries caused by physical maltreatment.

For committing a war crime against civilians the defendant was sentenced to 9 years in prison. Also, he received the same prison sentence for committing a war crime against prisoners of war. Therefore he received an aggregate prison sentence in the duration of 13 years.

The Vukovar County Court’s verdict of 13 April 2001 is available in Croatian here.

On 4 October 2001, the Supreme Court of the Republic of Croatia partially accepted Čančarević’s appeal and modified the first-instance verdict in the section determining the sentence, hence it sentenced the defendant to 6 years in prison for war crime against civilians and also 6 years for war crime against prisoners of war. Therefore the defendant received an aggregate prison sentence in the duration of 10 years.

The VSRH Verdict no. I Kž-562/01-6 of 4 October 2001 is available in Croatian here.

Crime in Tompojevci


Trial against Đuro Kljajić, Dane Đukić, Petar Đukić, Štefan Penčarski, Andrija Antolović, Jovo Radeka, Eva Radeka, Sreten Katić, Tihomir Pavković, Momir Anđelić, Đuro Krošnjar, Željko Grubešljić, Ranko Grubešljić, Ranko Mirilović, Milan Kovačević and Nenad Macura, charged with genocide referred to in Article 119 of the OKZ RH, and after amendment of the indictment charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

 

INDICTMENT

The Indictment no. KT-42/93 of 23 December 1996 issued by the Osijek County State Attorney’s Office is available in Croatian here.

 

Later on, the indictment was taken over from the Vukovar ŽDO which amended (specified) it.

GENERAL INFORMATION

Vukovar County Court

Case file no.: K-41/99; K-31/02 (repeated proceedings)

Judges’ panel: judge Nikola Bešenski, presiding; judge Stjepan Margić, member; lay judges Martin Jurić, Zoran Bračić and Marin Živković, members

– in the repeated proceedings: judge Nikola Bešenski, presiding; judge Stjepan Margić, member; lay judges Marko Lukić, Zoran Bračić and Stanko Vukojević, members

Indictment: no. KT-42/93 of 23 December 1996 issued by the Osijek County State Attorney’s Office, taken over and amended (specified) by the Vukovar County State Attorney’s Office (DO-K54/99)

Criminal offence: genocide referred to in Article 119 of the OKZ RH – following the amendment of the indictment: war crime against civilians referred to in Article 120, paragraph 1 of the OKZ RH

Defendants: Đuro Kljajić, Dane Đukić, Petar Đukić, Štefan Penčarski, Andrija Antolović, Jovo Radeka, Eva Radeka, Sreten Katić, Tihomir Pavković, Momir Anđelić, Đuro Krošnjar, Željko Grubešljić, Ranko Grubešljić, Ranko Mirilović, Milan Kovačević and Nenad Macura – Petar Đukić and Tihomir Pavković attended the trial, the other defendants were tried in their absence

Victims:

– expelled: 111 citizens of non-Serb ethnicity

– physically maltreated: Jure Brala, Ivan Ivić and his mother, Ivan Šakić, Andrija Kampić

– mentally maltreated: Jure Brala and his family, Stjepan Zvonarić, Vice Višić, Kata Mađarević, Ivan Bataković, Ivan Benić

– alienated or destroyed property belonging to: Jure Brala, Stjepan Zvonarić, Ivan Šakić, Zdravko Galović, Mile Višić, Rozalija Kalac, Marijan Skeledžić, Đure Kešnjer

 

VERDICT (SUMMARY)

On 21 May 2001, the Vukovar County Court pronounced the first-instance verdict in which Đuro Kljajić, Dane Đukić, Petar Đukić, Štefan Penčarski, Jovo Radek, Eva Radek, Sreten Katić, Đuro Krošnjar, Željko Grubešljić and Ranko Mirilović found guilty as charged that following the occupation of Tompojevci they formed the Territorial Defence Headquarters on 10 October 1991 and in their capacity as members of Territorial Defence or Militia of the so called SAO Krajina they were displacing and intimidated civilians, confiscated property, issued orders to destroy their property, forced to labour, treated them inhumanely, plundered property and inflicted great suffering and bodily injuries, and committed therefore a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

Đuro Kljajić was sentenced to 10 years, Dane Đukić to 6 years, and Petar Đukić, Štefan Penčarski, Jovo Radeka, Eva Radeka, Sreten Katić, Đuro Krošnjar, Željko Grubješić and Ranko Mirilović to 5 years in prison.

Defendants Tihomir Pavković, Milan Kovačević and Nenad Macura, however, were acquitted of the charges.

The Vukovar County Court’s verdict of 21 May 2001 is available in Croatian here.

On 26 June 2002, the Supreme Court of the Republic of Croatia accepted the appeal by defendant Petar Đukić and quashed the verdict in the section determining the sentence in his case and remanded the case to the first-instance court for retrial.

Appeal lodged by State Attorney and other defendants were rejected and the Supreme Court of the Republic of Croatia confirmed the first-instance court’s verdict.

The verdict and decision of the VSRH of 26 June 2002 is available in Croatian here.

On 1 October 2002, after the repeated trial by the court at first instance, the judges’ panel of the Vukovar County Court found defendant Petar Đukić guilty and sentenced him to 2 years in prison.

The Vukovar County Court’s verdict of 1 October 2002 is available in Croatian here.

Crime in Vukovar (defendant Branko Vujanović)


Trial against Branko Vujanović, charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

 

INDICTMENT

The Vukovar ŽDO’s indictment no. DO-K-7/98 of 19 April 1999 is available in Croatian here.

With the memo issued on 13 May 2003, the indictment was amended.

 

GENERAL INFORMATION

Vukovar County Court

Case file no.: K-8/03

Judges’ panel: Ante Zeljko, presiding; judge Stjepan Margić, member; lay judges Vlado Krpan, Vedrana Dujić and Jozo Geljić, members

Indictment: no. DO-K-7/98 of 19 April 1999 issued by the Vukovar County State Attorney’s Office, amended by a memo dated 13 May 2003.

Criminal offence: war crime against civilians referred to in Article 120, paragraph 1, in conjunction with Article 20 of the OKZRH

Defendant: Branko Vujanović, unavailable

Defence Counsel: Šimo Filipović, court appointed defence counsel

Victim – killed: Josip Patron

 

VERDICT (SUMMARY)

The Vukovar County Court rendered on 4 June and pronounced on 5 June 2003 the verdict in which Branko Vujanović was found guilty that in Vukovar about 11 hours on 19 November 1991, together with other members of paramilitary formations, under the circumstances when the same persons were killing defendants and citizens just because of their ethnicity, with the purpose to have civilian Josip Patron, who was walking in the colon of detained civilians, also killed, he [the defendant] pointed at the mentioned civilian to the unidentified member of paramilitary formations next to him and said “this one, this one, he is from Nijemci”, and this unidentified member separated the Josip Patron out of the colon and killed him after that.

The defendant was sentenced to 12 years in prison.

The Vukovar County Court’s verdict is available in Croatian here.

The State Attorney’s Office lodged an appeal against the verdict because the first-instance court did not sentence the defendant for all the charges which the State Attorney’s Office raised against him. However, the State Attorney’s Office dropped charges and following to that the VSRH dismissed the appeal by the State Attorney’s Office. The VSRH decision is available in Croatian here.

Crime in Darda (defendant Branko Stanković)


Trial against Branko Stanković, charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

 

INDICTMENT

The Osijek ŽDO’s indictment no. KT-118/96 of 2 July 2002 is available in Croatian here.

Factual description of the indictment was partially amended at the main hearing held on 9 September 2002.

 

GENERAL INFORMATION

Osijek County Court

Case file no.: K-50/02

Judges’ panel: judge Anto Rašić, presiding; judge Hedviga Reisz, member; lay judges Jozo Miličević, Mirela Erdeljić and Kata Đapić, members

Indictment: no. KT-118/96 of 2 July 2002 issued by the Osijek County State Attorney’s Office (ŽDO), partially amended at the main hearing held on 9 September 2002

Prosecution: Miroslav Bušbaher, Osijek Deputy County State’s Attorney

Criminal offence: war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH

Defendant: Branko Stanković, available

Defence counsel: Ljiljana Banac, lawyer practicing in Osijek

Victim – maltreated: Adam Mesar

 

VERDICT (SUMMARY)

On 9 September 2002, the Osijek County Court pronounced the verdict in which defendant Branko Stanković was found guilty that in Darda from the middle of September 1991 until 4 April 1992 (the exact date is not known) in his capacity as inspector at the Krajina Militia together with Zoran Rujević, he was interrogating Adam Mesar, previously arrested and detained without a decision in writing, at the Militia premises at least ten times, and during the mentioned interrogations they were battering his head, back and arms with a truncheon, pushing it through the mouth into his throat, hitting his back with an iron bar and his head and ears with open fists until Adam Mesar lost consciousness and fell down from the chair to the floor, inflicting therefore physical injuries causing a hearing loss for 23%.

The defendant was sentenced to 5 years in prison.

The Osijek County Court’s Verdict is available in Croatian here.

The Supreme Court of the Republic of Croatia, at its session held on 4 February 2003, modified the first-instance court’s verdict in the section determining the sentence, and sentenced defendant Branko Stanković to 6 years in prison.

The VSRH verdict is available in Croatian here.

Crime in Kopačevo

Trial against Aleksandar Čugalj and Branimir Ivanović, charged with a war crime against civilians under Article 120, paragraph 1 of the OKZRH.

GENERAL INFORMATION

Osijek County Court

Case file no.: K-47/94

Judges’ panel (the Council): judge Bogdan Penjić, Council President; judge Mladen Filipović, Council Member; lay judges Marija Vargić, Mirko Tutnjević and Marko Relati, Council Members

Indictment: No. KT-44/94 of 11 May 1994 issued by the Osijek County Deputy State’s Attorney

Prosecution: Željko Krpan

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

Defendants: Aleksandar Čugalj and Branimir Ivanović, unavailable

Defence: Julka Bandić and Hrvoje Banić, lawyers practicing in Osijek

Victim: one female person raped (name not disclosed)

VERDICT (SUMMARY)

In the Osijek County Court’s verdict of 19 October 1994, defendants Aleksandar Čugalj and Branimir Ivanović were found guilty that in their capacity as members of the so-called Krajina Militia intending to intimidate, maltreat and force to move out remaining civilian population of non-Serb ethnicity, together with three more unidentified members of the so-called Krajina Militia, armed with handguns, hand grenades and knives entered one family house (surname not disclosed) in Kopačevo, the Beli Manastir municipality on 25 December 1991 about 23,00 hours and ordered one female person (name not disclosed) to come to the dining room while forcing into bedrom her husband, son and other family members; and under the threat that they would throw a handgrenade on the bed where her son was, all five men had sexual intercourse with her whereby Čugalj instigated Ivanović saying: “Knock the whore up to give birth to a Serb child and not Hungarian bastard!”; when leaving the house after that, Branimir Ivanović made a verbal threat that he would blow up the house together with all household members if she told anyone about that and thus, in fear for their lives, the injured party left Kopačevo on 1 January 1992 and found shelter in the Republic of Hungary.

The defendants were sentenced to 10 (ten) years in prison.

The Supreme Court of the Republic of Croatia, at its session held on 6 July 1995, accepted the state attorney’s appeal and rendered the verdict in which it amended the first-instance court verdict in the sentence section and convicted Čugalj and Ivanović to 15 (fifteeen) years of imprisonment each.