Criminal proceedings against Tomislav Merčep, charged with a war crime against civilians referred to in Article 120, paragraph 1, in conjunction with Article 28 of the OKZRH. INDICTMENT(SUMMARY) Defendant Tomislav Merčep is charged that, as commander of the MUP reserve unit1 stationed in Pakračka Poljana and at the Zagrebački Velesajam [the Zagreb Fair] and as adviser to the Croatian MUP, he personally issued orders to have civilians unlawfully confined, tortured and killed in the period from October to December 1991. Although he knew that his subordinates, with no authority, were confining civilians, plundering them, mistreating, torturing and killing them, he failed to prevent such unlawful actions. Hence in the area of Kutina, Pakrac and Zagreb, his subordinates unlawfully confined 52 persons, out of which number 43 persons were killed, three went missing whereas the remaining persons survived the torture and abuse inflicted upon them.
GENERAL INFORMATION Zagreb County Court Case file number: War Crimes Council (the panel): judge Zdravko Majerović, Council President, judges Jadranka Mandušić and Ratko Šćekić, Council Members – in March 2012, composition of the Council was changed: judge Petar Šakić was appointed to replace judge Jadranka Mandušić Indictment: issued by the Zagreb ŽDO (County State Attorney’s Office) No. K-DO-406/10 dated 8 June 2011 Prosecution: Jurica Ilić, Zagreb County Deputy State’s Attorney Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH, in conjunction with Article 28 of the same Act Defendant: Tomislav Merčep, in custody from 10 December 2010 until 5 July 2012 when the Zagreb County Court’s Council decided to vacate a detention against him. Defence: lawyer Marko Ujević Victims –killed: TRIAL MONITORING REPORTS 1Commander in the Reserve Unit of the Ministry of the Interior (MUP).