Seksualna zlostavljanja

Crime in prisons in Gajeva street in Zagreb and in Kerestinec

Trial against Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj for a war crime against prisoners of war referred to in Article 122 of the OKZRH and Article 122 in conjunction with Article 28, paragraph 2 of the same Act. INDICTMENT (SUMMARY) The Zagreb ŽDO laid the indictment against five Croatian citizens: Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj for a war crime against prisoners of war referred to in Article 122 of the OKZRH in conjunction with Article 28, paragraph 2 of the same Act. The defendants are charged that they committed the mentioned crime in Zagreb and Kerestinec in the period from December 1991 until 25 May 1992. During the armed conflict between Croatian armed forces and Serb paramilitary formations, defendant Klarić in his capacity as commander of War Prisoner’s Shelter (which was initially based in Zagreb but later moved to the military barracks “Kerestinec”), defendants Pavlović, Ivančin, Živec and Štrukelj in their capacity as Croatian Army members while monitoring the work of guard services i.e. as superiors to other guard soldiers – Croatian Army members in the mentioned Shelter they had factual authority over them and they were all responsible for implementation of the international war law rules. Namely, defendant Klarić, in his aforementioned capacity, permitted the mentioned defendants, other subordinated soldiers and other Croatian Army members to physically and mentally abuse detained war prisoners in which he also participated. When they did not participate themselves, although they were aware of the mentioned abuse, they failed to take any action to prevent and punish unlawful actions, and thus they agreed that their subordinated persons continue with such unlawful actions and with their consequences. The defendants were charged that, in the mentioned period, they abused 26 persons in various forms and thus caused them great suffering and injuries of physical integrity and health. In October 2012, shortly before the conclusion of the first-instance proceedings, the prosecution modified the indictment and informed thereof in written the competent court. The defendants are charged with war crime against war prisoners which was committed from mid January 1992 until 29 April 1992. On the basis of command responsibility, the 1st defendant Stjepan Klarić is charged with failing to prevent the torture and inhumane treatment committed by his subordinates against war prisoners and with direct commission of the crime. Other four defendants are charged that they committed war crime against war prisoners, i.e. they are also charged as direct perpetrators. The indictment’s specification section has been amended in respect of Nada Miličević, Milorad Blagojević, Miloš Crnković and Rajka Majkić, the witnesses which the prosecution proposed during the main hearing. In addition, the following crime commission acts specified: forcing war prisoners to have sexual intercourse with female prisoners and the rape of female prisoners.   GENERAL INFORMATION Zagreb County Court Case file number: 9 K-RZ-6/11 War Crimes Council (panel): judge Marijan Garac, Council President, judges Mirjana Rigljan and Petar Šakić, Council Members Indictment: No. K-DO-384/10 of 18 November 2011 issued by the Zagreb ŽDO Prosecution: Robert Petrovečki, Zagreb County Deputy State’s Attorney Criminal offence: war crime against war prisoners, Article 122 of the OKZRH and Article 122 in conjunction with Article 28, paragraph 2 of the same Act. Defendants: Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj Defence: Berislav Herceg, a lawyer practicing in Zagreb representing the 1st defendant Enver Vučetić, a lawyer practicing in Zagreb representing the 2nd defendant Mario Medak, a lawyer practicing in Zagreb representing the 3rd defendant Tomislav Jonjić, a lawyer practicing in Zagreb representing the 4th defendant Gordan Preglej, a lawyer practicing in Zagreb representing the 5th defendant

Victims (physically, mentally and/or sexually abused): Đorđe Jovičić, Dobroslav Gračanin, Milka Badrić, Milena Adamović, Danica Vuruna, Danica Poznanović, Zorka Hrkić, Pantelija Zec, Slobodan Kukić, Tomislav Božović, Damir Kalik, Branko Zeljak, Milorad Đuričić, Branimir Skočić, Miodrag Nikolić, Petra Došen, Vid Ninić, Slobodan Jasenski, Ljuban Grab, Dušica Nikolić, Borivoj Rogić, Nenad Filipović, Nebojša Kostadinović, Vojkan Živković, Nada Grab, one unidentified person, Nada Miličević, Milorad Blagojević, Miloš Crnković and Rajka Majkić VERDICT On 31 October 2012, the Zagreb County Court’s War Crimes Council pronounced the non-final verdict in which the defendants were found guilty and sentenced, as follows: – 1st defendant Stjepan Klarić – 3 years and 6 months prison sentence, – 2nd defendant Dražen Pavlović – 1 year prison sentence, – 3rd defendant Viktor Ivančin – 2 years prison sentence, – 4th defendant Željko Živec – 1 year prison sentence, – 5th defendant Goran Štrukelj – 1 year prison sentence. Detention against three defendants was vacated. The time which the defendants had spent in custody before this verdict will be added to the prison sentence, as follows: in respect of the first three defendants from 22 November 2010 until 31 October 2012; in respect of the fourth defendant from 22 November 2010 until 16 July 2012; and in respect of the fifth defendant Štrukelj from 22 November 2010 until 14 February 2012 and from 16 May 2012 until 16 July 2012.

Crime in Bilje (the accused Zdravko Pijunović)

Trials in Croatia ::
Trial against Zdravko Pijunović for criminal offence of war crime against civilians stated in Article 120, paragraph 1 of the OKZRH.

GENERAL INFORMATION

Osijek District Court

Case No: K-38/93

War Crimes Council (judges’ panel): judge Ružica Šamota, Council President; judge Vojislav Alagić, Council member; lay judges Marija Vukelić, Mirko Tutnjević and Ljiljana Beleš, Council members

Criminal offence: war crime against civilians stated in Article 120, Paragraph 1 of the OKZ RH

Indictment: issued by the Osijek Municipality State’s Attorney, No: KT-28/93, dated on 23 March 1993, factual aspects of the criminal act amended during the trial/main hearing

Accused person/Defendant: Zdravko Pijunović, tried in absence

Defence Counsel: Ilija Brkić, lawyer from Osijek

Victim: one female person raped (name undisclosed to the public)

 

VERDICT (SUMMARY)

According to the Osijek District Court’s verdict No: K-38/93-24 dated on 24 September 1993, the accused Zdravko Pijunović was found guilty as charged that, during the occupation of Baranja, on the night of 19-20 December 1991 in Bilje, around 22:30hours, Pijunović, in his capacity as a member of Serb paramilitary formations, had entered the house of a married couple of Hungarian ethnicity while carrying a rifle in his hand, with a goal of subjecting non-Serb civilian population to humiliation and intimidation and inflicting serious mental pain upon them, as well as with a goal of evicting the civilians from their homes, he had ordered the female person to go with him while threatening to kill her husband if he only stepped out of the house, and had taken the female person to a house in the vicinity, and threatening to kill her and her husband, as well as their parents, since they all had been put on the execution list, he had raped her, and after that he had taken her in tears around 01:30 hours to her house where he had continued humiliating her husband and threatening to kill him. After the injured party had reported the case of rape, she was receiving anonymous letters full of threats warning the injured party and her husband not to wait for the case to be brought to court but to leave Baranja, otherwise they would be killed.

The accused Pijunović was sentenced to 15 years in prison.

We neither have the information on the appeals lodged by the parties nor the information on the verdict passed by the Supreme Court of the Republic of Croatia.

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.

Crime in Sekulinci


Trial against Borivoj Lukić, Dragoslav Lukić, Željko Ivković and Drago Starijaš, charged with a war crime against civilians referred to in Article 142 of the OKZ RH.

GENERAL INFORMATION

Osijek County Court

Case file no.: K-24/93

Council (judges’ panel): judge Bogdan Penjić, Council President; judge Zora Majić, Council Member; lay judges Zdenka Matoković, Marko Elez and Josip Kasan, Council Members

Indictment: KT-229/92 of 26 February 1993 issued by Osijek District State Attorney’s Office

Criminal offence: war crime against civilians referred to in Article 142 of the OKZ RH

Defendants: Borivoje Lukić, Dragoslav Lukić, Željko Ivković and Drago Starijaš, unavailable

Defence counsels: Dubravko Marjanović, Dražen Matijević, Josip Matković and Zvonimir Mesić, lawyers practising in Osijek

Victim: one female person raped (name not disclosed)

 

VERDICT (SUMMARY)

In the Osijek County Court’s verdict of 13 May 1993, the defendants were found guilty that in their capacity as members of the paramilitary formation acting together with the aggressor (JNA), defendant Borivoje Lukić as the commander; Dragoslav Lukić, Željko Ivković and one unidentified person, took away from the family house on 26 August 1991 in the village Krasković, Municipality Orahovica a 19-year old girl (name not disclosed) to Gudnoga, the Podravska Slatina Municipality and under death threats by kicking her striking with hands and arms were interrogating her while insulting and cursing; Dragoslav Lukić forced her to eat her own hair which he had cut previously; then they captured her in a metal container at the depot place in Sekulinci; they kept her there detained for 38 days, and during that time several persons repeatedly by using force under death threats committed sex acts with her, and among them also defendant Drago Starijaš. On 2 November 1991 they handed her over to the MUP RH police when prisoners were being exchanged.

Defendants were sentenced to ten (10) years in prison each.

The Supreme Court of the Republic of Croatia, at its session held on 10 February 1994, accepted the state attorney’s appeal and amended the first-instance verdict by amending the sentence against the defendants to 13 (thirteen) years in prison each.

Crime in Lovas

On 29 April 2009 at the Vukovar County Court, criminal proceedings against defendants Milan Tepavac and Ilija Vorkapić – who attend the trial – was separated from the proceedings against the following defendants who are not available to Croatian judiciary: Ljuban Devetak, Milan Devčić, Milenko Rudić, Željko Krnjajić, Slobodan Zoraja, Željko Brajković, Ilija Kresojević, Milan Rendulić, Obrad Tepavac, Zoran Tepavac, Milan Tepavac, Milan Radojčić, Milan Vorkapić, Dušan Grković and Đuro Prodanović.

In December 2010, the Tepavac case was separated from the Vorkapić case due to the incapability of Tepavac to stand trial.

On 2 February 2012, the first-instance verdict was rendered in which defendant Vorkapićs was acquitted.

The VSRH Appeals Chamber at its session held on 28 November 2012 rejected the appeal by the State Attorney and confirmed the verdict rendered by the first-instance court.

 

THE INDICTMENT (SUMMARY)

The indictment charges the defendants with the following crimes:

· At around 7.30 a.m. on 10 October 1991, the defendants, at the time members of the territorial defence forces and the Chetnik unit «Dušan Silni», whose aims were creation of «Great Serbia» and ethnic cleansing of a part of Croatia, acting together and with specifically delegated tasks, launched a cannon attack on the village of Lovas along with the Novi Sad army corps of the YNA, aiming missiles at civilian objects although they knew there were no Croatian military units in the village. After this attack, they launched an infantry attack on the village, killing civilians who happened to be in the streets. 30 inhabitants of Lovas died in these attacks.

· After the occupation of the village, the defendants forced Croatian civilians to wear white bands around their sleeves, they marked their houses and restricted their movement.

· They arrested, tortured and threatened Croatian civilians with death, forced them to labour, robbed them and raped female Croatian villagers.

· The defendant Ljuban Devetak is charged with singling out a large group of Croats on the day of 18 October 1991, who were then taken to a mine field where 24 persons died.

In respect of defendant Vorkapić, the indictment was amended on 4 November 2011. According to the amended indictment, the defendant is charged that, at the beginning of October 1991, knowing that commander Ljuban Devetak had issued an order to bring all men of Croatian ethnicity to the agribusiness yard and that the following day about 80 persons were to be taken to the minefield, he was on the guard armed with a rifle in the night of 17/18 October 1991 and had to watch that some of the detained persons do not attempt to escape, while the members of the “Dušan Silni” chetnik squad were beating, kicking and stabbing the detainees with knifes; the detainees were taken to the minefield on 18 October 1991 where caused by mine explosions 24 of them were killed and 15 wounded.

GENERAL INFORMATION

Vukovar County Court

Case No: K-25/00, became K-20/09 following the separation of the proceedings

War Crimes Council: judge Jadranka Kurbel, President of the Council, judges Berislav Matanović and Željko Marin, Council Members

Remark: Beginning 2009, the composition of the Council was changed. Prior to that the Council comprised judge Ante Zeljko, as the Council President and judges Zlata Sotirov and Nevenka Zeko as the Council members

Indictments: the indictment number KT-265/92, issued by the Osijek County State Attorney’s Office on 19 December 1994, and the indictment number K-DO-44/04, issued by the Vukovar County State Attorney’s Office on 1 October 2004, were combined into a single indictment numbered K-DO-39/00. In respect of defendant Ilija Vorkapić, the indictment was amended on 4 November 2011.

Prosecuting attorney: Vlatko Miljković, Vukovar County Deputy State’s Attorney

Criminal offences: genocide pursuant to Article 119, and a war crime against civilians pursuant to Article 120, Paragraph 1 of the OKZRH

Defendants: Ilija Vorkapić, attends the trial and are not kept in custody

Remark: Initially, the indictment was laid against 18 accused persons. Proceedings were discontinued in respect of defendant Milorad Vorkapić in 2003, and Radovan Tepavac in 2005 because they passed away. Based on the Council’s decision of 29 April 2009, the proceedings against available defendants was separated from the proceedings against the following fourteen defendants who are not available to Croatian judiciary: Ljuban Devetak, Milan Devčić, Milenko Rudić, Željko Krnjajić, Slobodan Zoraja, Željko Brajković, Ilija Kresojević, Milan Rendulić, Obrad Tepavac, Zoran Tepavac, Milan Radojčić, Milan Vorkapić, Dušan Grković and Đuro Prodanović.
In December 2010, the Tepavac case was separated from the Vorkapić case due to the incapability of Tepavac to stand trial.

Defence: Stjepan Šporčić (court-appointed attorney representing the defendants Devetak and Zoraja), Andrej Georgievski (court-appointed attorney representing the defendants Radojčić and Grković), Biserka Treneski (court-appointed attorney representing the defendants Devčić and Brajković), Šime Filipović (court-appointed attorney representing the defendants Rudić and Obrad Tepavac), Ivica Mačvanin (selected defending attorney of the defendant Ilija Vorkapić and a court-appointed attorney representing the defendants Zoran Tepavac and Milan Vorkapić), Branko Ivić (court-appointed attorney representing the defendants Krnjajić, Rendulić and Prodanović), Vojislav Ore (court-appointed attorney representing the defendant Kresojević) and Tomislav Filaković (selected defending attorney of the defendant Milan Tepavac)

Victims:

– 69 killed persons, 24 of whom died in the mine field (Božo Mađarac, Mijo Šalaj, Tomislav Sabljak, Slavko Štrangarić, Nikola Badanjak, Marko Vidić, Mato Hodak, Tomo Sabljak Junior, Ivica Sabljak, Slavko Kuzmić, Petar Badanjak, Marko Marković, Ivan Conjar, Ivan Kraljević Junior, Ivan Palijan, Josip Turkalj, Luka Balić, Željko Pavlić, Darko Pavlić, Darko Sokolović, Zlatko Božić, Ivin Vidić, Antun Panjek and Zlatko Panjek), and 45 of whom died in other ways (Danijel Badanjak, Ilija Badanjak, Antun Jovanović, Anka Jovanović, Kata Pavličević, Alojzije Polić, Mato Keser, Josip Poljak, Ivan Ostrun, Dragutin Pejić, Stipo Mađarević, Pavo Đaković, Stipo Pejić, Živan Antolović, Milan Latas, Juraj Poljak, Mijo Božić, Vida Kriznarić, Josip Kraljević, Mirko Grgić, Mato Adamović, Marko Sabljak, Zoran Krizmanić, Josip Jovanović, Marin Balić, Katica Balić, Josip Turkalj, Petar Luketić, Ante Luketić, Đuka Luketić, Jozefina Pavošević, Marijana Pavošević, Slavica Pavošević, Stipo Luketić, Marija Luketić, Josip Rendulić, Rudolf Jonak, Andrija Deličić, Pero Rendulić, Franjo Pandža, Božo Vidić, Zvonko Martinović, Marko Damjanović, Anica Lemunović and Đuka Krizmanić)

– 33 seriously injured persons, 15 of whom were injured in the mine field (Marko Filić, Emanuel Filić, Stjepan Peulić, Josip Sabljak, Stanislav Franković, Mirko Kefer, Ivica Mujić, Ljubo Solaković, Milan Radmilović, Zlatko Tomo, Josip Gešnja, Mato Kraljević, Petar Vuleta, Lovro Geistner and Dragan Sabljak), and 18 of whom received injuries from torture (Mato Mađarević, Đuro Filić, Zoran Jovanović, Marija Vidić, Đuka Radočaj, Berislav Filić, Emanuel Filić, Pavo Antolović, Ivo Antolović, Željko Francisković, Ivan Đaković, Anđelko Filić, Zvonko Balić, Vjekoslav Balić, Man Pejak, Petar Sabljak and Marko Grčanac)
TRIAL MONITORING REPORTS

Click here to read in Croatian the trial monitoring reports on the LOVAS war crime case

On 29 December 2004, the Vukovar County Court issued the decision No. Kv-199/04, merging the criminal cases No. K-25/00 (instigated by the indictment No. KT-265/92 of 19 December 1994, issued by the Osijek County State Attorney’s Office and charging 18 persons – the foregoing defendants and in the meantime deceased Milorad Vorkapić and Radovan Tepavac – with genocide pursuant to Article 119, and a war crime against civilians pursuant to Article 120, Paragraph 1 of the Penal Law) and No. K-52/04 (instigated by the indictment No. K-DO-44/04, issued by the Vukovar County State Attorney’s Office, charging Obrad Tepavac and Zoran Tepavac with a war crime against civilians pursuant to Article 120, paragraph 1 of the OKZRH) into a single criminal procedure No. K-25/00.

The proceedings against defendants Milorad Vorkapić and Radovan Tepavac were terminated in 2003 and 2005, respectively, because they passed away.

Until December 2007, Ilija Vorkapić was the only defendant who attended the court hearings. Following the arrest of the defendant Milan Tepavac in April 2007 (detained since then), the trial started anew in December 2007. While in custody, defendant Milan Tepavac suffered a stroke. Currently (April 2009), both defendants (Milan Tepavac and Ilija Vorkapić) are not detained and they attend the trial.

The monitors from the Centre for Peace, Non-Violence and Human Rights Osijek have been observing the trial since 20 April 2005. Until September 2006, court sessions were held regularly so the trial did not have to start anew. However, from September 2006 to December 2007 not a single court session was held. In the meantime, the accused Milan Tepavac was arrested and the trial started from the beginning.

In June 2008, the witnesses Miodrag Dimitrijević and Darko Perić, among the others, were examined through a video link at an out-of-court session. The mentioned persons are the accused persons in the criminal procedure conducted for a war crime against civilians committed in Lovas before the Belgrade District Court.

Beginning 2009, the composition of the Council was changed.

On 29 April 2009, the Council issued a decision to separate the proceedings against defendants Milan Tepavac and Ilija Vorkapić from the proceedings against the defendants who are not available to Croatian judiciary. The Vukovar ŽDO was requested to modify within the period of 15 days the indictment in accordance with the court files’ current status.

On 10 June 2009, the main hearing had to be postponed because according to the finding and opinion of the expert psychiatrist, defendant Tepavac was found to be temporarily mentally unfit for trial.

In December 2010, the Tepavac case was separated from the Vorkapić case due to the incapability of Tepavac to stand trial.
VERDICT

On 2 February 2012, the first-instance verdict was rendered in which defendant Vorkapić was acquitted. Click here for the first-instance verdict.

The VSRH Appeals Chamber at its session held on 28 November 2012 rejected the appeal by the State Attorney and confirmed the verdict rendered by the first-instance court.

 

Click here to read in Croatian the opinion on the course of the trial drawn up in December 2007.

Crime in Velika Kladuša

On 25 March 2009, the Rijeka County court pronounced the verdict in which the defendant Zlatko Jušić was acquitted of charges, and the defendant Ibrahim Jušić was found guilty and sentenced to 7 years in prison.

The accused persons are charged that during armed conflicts in the Republic of Bosnia and Herzegovina in 1993 and 1994 they committed in Velika Kladuša a war crime against civilians under Article 120, paragraph 1 of the OKZRH.

Appellate session of the Council of the VSRH was held on 16 September 2010. The VSRH upheld the first instance verdict.
INDICTMENT

The indictment No. K-DO-90/07 was issued by the Rijeka County State Attorney’s Office on 19 March 2008. According to the indictment:

the 1st defendant Zlatko Jušić, who at the time acted as Prime Minister of the so-called Autonomous Region of Western Bosnia, committed the following crimes during the armed conflict in Velika Kladuša in the period between 27 September 1993 and 21 August 1994:

· ordered and organized creation of detention and prison camps with the intention to detain and imprison civilians, who were then subjected to inhumane treatment and forced to join paramilitary units of the Autonomous Region of Western Bosnia;

· signed the order of 11 June 1994, which imposed surveillance measures and restricted freedom of movement on persons who opposed the creation of the Autonomous Region of Western Bosnia, and lead to creation of detention and prison camps for civilians (men aged 14-75, children up to 14 and women) who were then subjected to inhumane treatment, and physical and psychological abuse; beaten by truncheons, fists, feet, wooden items and gunstocks; some of the imprisoned civilians received severe injuries (ribs and arms fractures, from which one civilian died;

· on several occasions in his capacity as the Prime Minister he received information on the circumstances in detention and prison camps, but failed to take any action to improve the situation.

In sum, breaching the international law rules, the defendant planned and organized unlawful detention of civilians, and their physical and psychological abuse, forcing them into labour and military service of the so-called Autonomous Region of Western Bosnia;

and

the second accused Ibrahim Jušić committed the following crimes in the periods between 27 September 1993 and 21 August 1994, and 16 November 1994 and 7 August 1995, while acting as Head of the Office of Crime Prevention at the Velika Kladuša Public Security Office and Head of the State Security Office of the self-proclaimed Autonomous Region of Western Bosnia:

· participated (along with the members of his units) in unlawful imprisonment and isolation of civilians who opposed the creation of the Autonomous Region of Western Bosnia;

· examined (along with the subordinate police officers) the imprisoned men and women, subjecting them to inhumane treatment, and physical and psychological abuse; beating them with hands and feet, wooden and metal bars, truncheons, forced them that they beat one another with bats, hit themselves their faces; he insulted them calling names;

· raped two imprisoned women.

In sum, breaching the international law rules, the defendant ordered and himself inflicted torture on civilians, inhuman treatment, including inflicting intense suffering, unlawful imprisonment and rape.

Thus, the defendants committed a war crime against civilians, a felony punishable pursuant to Article 120, Paragraph 1 of the OKZRH.

The Indictment No. K-DO-90/07, of 19 March 2008 issued by the County State Attorney’s Office in Rijeka, is available in Croatian language here (PDF, 1,49 MB).

On 16 December 2008, the amended indictment was presented at the main hearing.

According to the amended indictment the defendant Zlatko Jušić was no longer charged that he personally ordered and organized the forming of collection centres and detention camps. With the amendment, the charges against him were that in his capacity as the Prime Minister, with the purpose of implementing the policy of Fikret Abdić who ordered the forming of the mentioned detention camps and collection centres, he participated in the work and in adoption of the order of 11 June 1994, which he personally signed.

Amended indictment of 16 December 2008 see in Croatian here (PDF, 264 KB).

On 20 March 2009 the indictment against Ibrahim Jušić was amended. The Prosecution representative stated that the indictment’ amendment constituted of specifying the persons who were under interrogation, physical and mental abuse by the defendants, their subordinate policemen and camp guards, providing also details how it was committed. This amended indictment charges Ibrahim Jušić with torture of civilians, their inhumane treatment, infliction of great suffering and unlawful confinement. The defendant was no longer charged with rape of two imprisoned women – that he had previously been charged with in the Indictment of 19 March 2008.

Amended Indictment of 20 March 2009 is available in Croatian here (PDF, 238 KB).
GENERAL INFORMATION

Rijeka County Court

Case No: K-17/08

War Crimes Council: Judge Ika Šarić, Council President; Judges Nataša Masovčić and Darko Lupi, Council members

Indictment No: K-DO-90/7, issued by the Rijeka County State Attorney’s Office on 19 March 2008, amended at the main hearing held on 16 December 2008 and 20 March 2009

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

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

Defendants: Zlatko Jušić and Ibrahim Jušić

Defence: Silvije Degen, a lawyer practising in Zagreb, and Ana Trošelj, a lawyer practising in Rijeka – representing the 1st defendant Zlatko Jušić; Slobodan Večerina, a lawyer practising in Rijeka – representing the 2nd defendant Ibrahim Jušić

Attorney-in-fact of the injured persons: Josip Sladić, a lawyer practising in Sisak

Victims:

based on the amended indictment of 16 December 2008 in respect of the charges against the 1st defendant: Alija Feriz, Mujo Milak, Šemsudin Husić, Emin Redžić, Husein Mušić, Aziz Abdilagić, Hasib Delić nicknamed “Heba”, Mehmed Jušić, Mehmed Sijamhodžić, Kasim Ćano, Đeko Bibuljica, Hasan Đanić, Rasim Erdić (executed), Asja Galijašević, Beiza Kekić, Fatima Dorić, Nura Salkić, Fata Omeragić, Zuhra Hozanović,

 

– based on the amended indictment of 20 March 2009 in respect of the charges against the 2nd defendant: Smail Huskić, Mirsad Šakinović, Rasim Ićanović, Hasib Keserović, Zlatko Balić, Safija Huskić, Zuhdija Alagić, Alema Grahović, Omer Murgić, Mehmedalija Miljković, Rifet Đogić, Osman Galijašević, Bešir Dautović, Almadin Trgovčević, Mirsad Mušić

 

TRIAL MONITORING REPORTS

VELIKA KLADUSA – trial monitoring reports (in Croatian)

The main hearing in the case against the defendants Zlatko and Ibrahim Jušić began on 5 September 2008. The indictment was read and the defendants pleaded not guilty as charged stating that they would present their defence at the end of the evidence procedure. Thus far, twelve sessions have been held (in 2008 on September the 5th, October the 20th, 21st, 22nd, 23rd and 24th and December the 16th, and in 2009 on February the 2nd and 3rd, and in March the 19th, 20th and 24th). The public and monitors of the OSCE and Civic Committee for Human Rights were excluded during examination of some of the witnesses.

On 24 October 2008, based on the proposal by the defence counsel representing the 1st defendant Zlatko Jušić, his detention was vacated. He was released to attend the trial undetained and measures of precaution were imposed on him (dispossession of passport and mandatory reporting to the authorities). However, the County State Attorney’s Office appealed against the decision, and the Supreme Court of the Republic of Croatia ordered again his detention.

The County Deputy State’s Attorney amended the description of facts in the indictment by significantly reducing the quantity of actions that the 1st defendant is charged with. Following to that at the hearing held on 16 December 2008, the Council vacated again the detention of the 1st defendant base on the proposal by his defence counsel.

The lawyer Saša Poldan revoked his power of attorney to further represent the defendant Ibrahim Jušić. For that reason , Slobodan Večerina, a lawyer practicing in Rijeka was appointed by the court (ex officio) to represent this defendant.
VERDICT

On 25 March 2009, the Council President of the War Crimes Council of the Rijeka County Court pronounced a verdict in which the defendant Zlatko Jušić was acquitted of charges, whereas the defendant Ibrahim Jušić was found guilty and sentenced to a 7-year prison term.

The Appellate session of the Council of the VSRH was held on 16 September 2010. The report is available in Croatian language here. The VSRH upheld the first instance verdict.

Crime in the villages of Municipality Promina

The trial against Rajko Janković was repeated. Following to that, on 24 September 2010 the War Crimes Council of the Šibenik County Court found him guilty of a war crime against civilians during war conflicts in the Promina region. The defendant received a prison sentence in the duration of 3 years and 6 months.

Previously, the Supreme Court of the Republic of Croatia (hereinafter: the VSRH) in its judgment no. I KŽ 395/05-3 of 11 December 2008 quashed the K-23/03 verdict issued by the Šibenik County Court on 14 May 2004 in which the defendant was found guilty and sentenced to 4 years in prison.
INDICTMENT (SUMMARY)

The defendant is charged that he tortured, terrorized and intimidated civilians of Croatian ethnicity, spread among them fear and terror, looted their property and committed an attempted rape of a female person, at the temporary occupied area of the Republic of Croatia in the villages of Municipality Promina starting from end of 1991 until the military action “Storm [Oluja]” on 4 August 1995. Thus, he committed a war crime against civilians under Article 120, paragraph 1 of the OKZRH.

The indictment was amended several times. The indictment and its amended versions can be viewed, in Croatian language:

– the Indictment issued by the Šibenik County State Attorney’s Office (hereinafter: Šibenik ŽDO) on 11 July 2003 here;

– amended Indictment on 13 May 2004 here;

– addendum to the trial record dated 14 May 2004 here;

The indictment was amended/made more precise twice in the course of the main hearing in the repeated trial:

– in the court records dated 10 September 2010;

– in the court records dated 24 September 2010
GENERAL INFORMATION

Šibenik County Court

Case file number: K-7/09

War Crimes Council (panel): judge Dalibor Dukić, President of the Council; judges Jadranka Biga-Milutin and Oredana Labura, Council members

Indictment: K-DO-12/03 issued by the Šibenik ŽDO on 11 July 2003, amended on 13 May 2004, supplemented at the hearing on 14 May 2004, made more precise at the hearings held on 10 and 24 September 2010.

Representing the Prosecution: Zvonko Ivić, the Šibenik County Deputy State Attorney

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

Defendant: Rajko Janković, not detained during the repeated trial (was in custody during the first trial, from April 2003 until the verdict pronouncement on 14 May 2004)

Defence: Tomislav Filaković, lawyer practicing in Osijek

Victims/injured persons – tortured and/or intimidated and/or property looted:
Šime Zelić, Neda Zelić, Vlado Zelić, Ankica Zelić, Neda Zelić, Anđa Čavlina, Dinka Karaga, Ante Parać, Milka Parać, Marija Parać, Ante Bračić, Marija Bračić
TRIAL MONITORING REPORTS

We did not monitor the first trial.

We monitored the main hearing in the repeated trial. Trial monitoring reports can be viewed in the following attached documents, available in Croatian language:

CRIME IN THE VILLAGES OF MUNICIPALITY PROMINA – repeated trial monitoring reports
VERDICTS

In the K-23/03 verdict of 14 May 2004 issued by the Šibenik County Court, the defendant Janković was found guilty and sentenced to 4 years in prison. The verdict can be viewed, in Croatian here.

The VSRH, in its judgment no. I KŽ 395/05-3 of 11 December 2008, quashed the first instance verdict of the Šibenik County Court and reversed the case to the first-instance court for a retrial. The first-instance verdict was quashed for procedural reasons because the defendant was found guilty of one part of incriminating actions and acquitted in respect of another part of incriminations, although he was charged with a perpetuated (extended) criminal offence which must be ruled in its entirety whereat it is not possible to reach both convicting and acquitting verdict at the same time.

The 11 December 2008 judgement of the VSRH can be viewed in Croatian language here.

The trial was repeated. Following to that on 24 September 2010, the Šibenik County Court found the defendant Janković guilty again. He received a prison sentence in the duration of 3 years and 6 months.

The Verdict can be viewed in Croatian language here.

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 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