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.
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
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:
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.