Trial against Tihomir Šavorić, Ivica Krklec and Alen Toplek for a war crime against civilians under Article 120, paragraph 1 of the OKZRH.
The indictment charges the defendants that in their capacity as members of the 7th HV Guard Brigade they killed unidentified civilians in the area of villages Drabac and Bočac (between Mrkonjić Grad and Banja Luka, BiH) during the “Južni potez” military action.
Defendant Šavorić is charged that several unidentified soldiers under his command killed two unidentified persons, a man and a woman, aged about 40 on 10 October 1995 when they came across them. Also, the defendants are charged that early in the morning on 11 October 1995 when an unidentified woman aged about 60 approached them, defendant Toplek opened a burst fire at her from automatic rifle and killed her on the spot; later on the same day they came across an unidentified man aged about 50 and by following a command from the defendant Šavorić, the defendant Krklec shot this man dead on the spot firing from automatic rifle.
Zagreb County Court, Office in Zlatar
Case file no.: 2-K-rz-5/11
War Crimes Council: judge Tomislav Juriša, Council President, judges Petar Šakić and Jadranka Mandušić, Council Members; from the main hearing conducted on 31 January 2013, judge Lidija Vidjak is the member of the Council instead of judge Petar Šakić
Indictment: No. K-DO-200/11, of 29 July 2011 issued by the Zagreb ŽDO
Prosecution: Robert Petrovečki, Zagreb County Deputy State’s Attorney
Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH
Defendants: – 1st defendant Tihomir Šavorić, in custody on the basis of the first-instance judgment issued by the Zagreb County Court on 24 October 2011 where in the trial against defendant Emil Črnčec et al in which Šavorić was the 2nd defendant, was found guilty and sentenced to 6 years in prison for the commission of a war crime against prisoners of war;
– 2nd defendant Ivica Krklec, attends the trial undetained;
– 3rd defendant Alen Toplek, attends the trial undetained.
– Tanja Vranjican Đerek and Zvonimir Hodak, lawyers practising in Zagreb are representing the 1st defendant;
– Josip Reljić, lawyer practising in Zagreb representing the 2nd defendant;
– Silvio Kosovac, lawyer practising in Zagreb representing the 3rd defendant.
Victims – killed: two unidentified female persons and two male persons
VERDICT On 23 May 2013, the Zagreb County Court’s War Crimes Council pronounced the verdict according to which all three defendants were acquitted of the charges.