overview of the monitored war crime trials

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SUMMARY OVERVIEW OF MONITORED WAR CRIMES TRIALS AT CROATIAN COUNTY COURTS IN THE PERIOD MAY – AUGUST 2012 Case / stage of proceedings Indictment / crime / prosecution Court / council Defendants / armed forces membership / detention Judgment Victims Comments / problems / fair trial issues / 1. Crime in Grubori Ongoing first- instance proceedings. Trial commenced on 24 November 2011. Indictment by the Zagreb County Attorney's Office K-DO- 358/09 of 15 December 2010 War crime against civilians Prosecution: Robert Petrovečki, Deputy County Attorney in Zagreb County Court in Zagreb War Crimes Council: Judge Zdravko Majerović , Council President ; Judge Mirko Klinžić, Council member, Judge Marijan Garac, Council Frane Drljo and Božo Krajina Members of Croatian forces Defendants are standing trial free. Frane Drljo was in detention until 29 August 2012. and Krajina was released on 3 July 2012. Indictment has also been filed against Igor Beneta, but the proceedings against him were suspended. He - Victims - killed (6): Milica Grubor, Marija Grubor, Jovo Grubor, Jovan Grubor son of late Damjan, Miloš Grubor, Đuro Karanović The courtroom where the hearings take place cannot accommodate the entire interested public. Pre- investigation inquiry on the cause of death of Igor Beneta is underway as there are doubts whether he committed suicide.

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Page 1: Overview of the monitored war crime trials

SUMMARY OVERVIEW OF MONITORED WAR CRIMES TRIALS AT CROATIAN COUNTY COURTS IN THE PERIOD MAY – AUGUST 2012

Case / stage of proceedings

Indictment / crime / prosecution

Court / council

Defendants / armed forces membership / detention

Judgment Victims Comments / problems / fair trial issues /

1. Crime in Grubori

Ongoing first-instance proceedings. Trial commenced on 24 November 2011.

Indictment by the Zagreb County Attorney's Office K-DO-358/09 of 15 December 2010

War crime against civilians

Prosecution: Robert Petrovečki, Deputy County Attorney in Zagreb

County Court in Zagreb

War Crimes Council: Judge Zdravko Majerović, Council President;Judge Mirko Klinžić, Council member,Judge Marijan Garac, Council member

Frane Drljo and Božo Krajina

Members of Croatian forces

Defendants are standing trial free. Frane Drljo was in detention until 29 August 2012. and Krajina was released on 3 July 2012.

Indictment has also been filed against Igor Beneta, but the proceedings against him were suspended. He allegedly committed suicide by hanging.

- Victims - killed (6): Milica Grubor, Marija Grubor, Jovo Grubor, Jovan Grubor son of late Damjan, Miloš Grubor, Đuro Karanović

The courtroom where the hearings take place cannot accommodate the entire interested public.

Pre-investigation inquiry on the cause of death of Igor Beneta is underway as there are doubts whether he committed suicide.

2. Crime in Baćin

Ongoing first-instance proceedings. Trial commenced on 2 May 2012

Indictment by the Sisak County Attorney's Office KT-89/94 of 29 October 2010

War crime against civilians

Prosecution: Doris Hrast, Deputy County Attorney in Rijeka

Rijeka County Court (referral from the County Court in Sisak)

War Crimes Council: Judge Ika Šarić, Council President; Judge Zoran Sršen, Council member,

Branko Dmitrović, Slobodan Borojević Milinko Janjetović, Momčilo Kovačević, Stevo Radunović, Veljko Radunović, Katica Pekić, Marin Krivošić and Stevan DodošMembers of Serbian troops

Marin Krivošić is the only defendant who is available for the court. He was extradited from Montenegro and

- The victims - killed (at least 56): Antun Švračić, Marija Švračić, Josip Antolović, Marija Batinović, Nikola Lončarić, Soka Pezo, Mijo Čović, Ana Ferić, Stjepan Sabljar, Terezija Kramarić, Filip Jukić, Antun Djukić, Marija Djukić, Ana Dikulić, Mijo Krnić, Antun Mucavac, Katarina Vladić, Marija Milašinović, Marija Jukić, Marija Šestić, Antun Krivaić, Ana Tepić, Veronika

Due to witnesses' inability to arrive in Rijeka, the President of the Council is taking witness depositions at the Municipality Court in Hrvatska Kostajnica.

The quality of the indictment is doubtful.

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Judge Srebrenka Šantić, Council member

currently detained. Others are tried in absentia.

Jukić, Soka Volarević, Kata Lončar, Marija Antolović, Katarina Alavančić, Kata Ferić, Juraj Ferić, Terezija Alavančić, Barbara Kropf, Ana Piktija, Pavao Kropf, Ruža Dikulić, Veronika Stanković, Ivan Kulišić, Sofija Dikulić – all from Hrvatska Dubica; Ana Blinja, Andrija Likić, Ana Lončar, Josip Blinja, Kata Blinja – all from Cerovljani; Mara Čorić from Predor and thirteen still unindentified persons

3. Crime near Mrkonjić Grad (Bosnia and Herzegovina)

Ongoing first-instance proceedings. Trial commenced on 28 February 2012

Indictment by the Zagreb County Attorney's Office K-DO-200/11 of 29 July 2011

War crime against civilians

Prosecution: Robert Petrovečki, Deputy County Attorney in Zagreb

County Court in Zagreb, Permanent Service in Zlatar War Crimes Council: Judge Tomislav Juriša, President of the Council;Judge Petar Šakić, Council member, Judge Jadranka Mandušić, Council Member

Tihomir Šavorić, Ivica Krklec and Alen Toplek

Members of Croatian formations

Tihomir Šavorić is held in detention because in the first-instance judgment of 24 October 2011 the County Court in Zagreb found him guilty and sentenced him to 6 years in prison for committing war crimes against prisoners of war, also in the area of Mrkonjić Grad in Bosnia and Herzegovina.Ivica Krklec and Alen Toplek are standing trial free.

- Victims - killed (4): Two unidentified women and two unidentified men

The legality of the guilty plea given by the second accused to the police is doubtful. The Trial Chamber separated this testimony from the file, arguing that the defendant hadn't been informed of the offense alleged against him and of the grounds for the charges. The trial will resume after the Supreme Court decides on appeal against the decision on separating the testimony from the file.

4. Crime in Pakračka Poljana and Zagrebački velesajam

Indictment by the Zagreb County Attorney's K-DO-406/10 of 8 June 2011

Zagreb County Court

Tomislav Merčep

Member of Croatian troops

- Victims (52): - Killed (43): M.C., P.I., O.S., S.I., M.V.,

The trial is held in the undersized courtroom which does not meet the

Page 3: Overview of the monitored war crime trials

Ongoing first-instance proceedings. Trial commenced on 9 February 2012

War crime against civilians

Prosecution: Silvio Sušec, Deputy County Attorney in Zagreb and Davorka Čolak, Office of the State Attorney

War Crimes Council:Judge Zdravko Majerović, Council President;Judge Petar Šakić, Council member;Judge Ratko Šćekić, Council Member

Standing trial free. Held in custody until 5 July 2012. Detention was discontinued because the extra-trial chamber of the Zagreb County Court held that given the conditions in the hospital for persons deprived of liberty, it is not possible to provide adequate medical care and necessary physical therapy to the defendant.

Lj.V., Lj.H., T.K., B.V., M.I., R.P., M.G., V.M., M.M., V.S., unidentified male person with a nickmane S., M.Z., M.Z., A.Z. and 24 unidentified persons; - abused and missing (3): P.R., K.R. and M.R. - abused (6): Đ.G., N.M., D.M., S.B., N.P. and B.V.

requirements of all parties to the proceedings, especially the needs of injured parties' representatives who have to sit in the seats designated for the public.

Some witnesses – injured parties have not been advised of the possibility of filing a civil law claim.

5. Crime near Mrkonjić Grad II

Completed first- instance proceedings.

Indictment by the Zagreb County Attorney's Office No. K-DO-312 /10 of 3 February 2012

War crime against civilians

Prosecution: Jurica Ilić, Deputy County Attorney in Zagreb

County Court in Zagreb

War Crimes Council:Judge Zdravko Majerović, Council President;Judge Erna Dražanić, Council member;Judge Mirko Klinžić, Council member

Ivica Pintarić

Member of Croatian formations

Serving sentence in the Lepoglava prison for committing another crime

The first-instance verdict of acquittal was published on 9 May 2012 as it had not been proven that he committed the crime with which he was charged.

Victims - killed (2): one unidentified man and one unidentified woman

Insufficiently precise indictment: unknown location of the crime, unknown time of committing the crime, unknown identity of victims.

6. Crime in Lora

Completed first-instance re-trial.

Defendant had previously

The indictment by the Split County Attorney's Office KTO 131/02 of 25 March 2002, amended on 13 February 2006

Split County Court

War Crimes Council:Vladimir

Miljenko Bajić

Member of Croatian formations

Held in detention.

On 14 May 2012, after the completion of the re-trial, the earlier judgement of conviction was confirmed, except for the part relating to the criminal sanction,

Victims: A larger number of detained civilians were abused, of whom two (Gojko Knežević and Nenad Bulović) succumbed to injuries.

Page 4: Overview of the monitored war crime trials

been sentenced in absentia to 6 years in prison, but was granted a retrial after his arrest. The trial was completed and the judgment published on 14 May 2012.

War crime against civilians

Prosecution:Deputy County Attorney in Split

Živaljić, President of the Council

and thus instead of 6 years in prison, the defendant received a sentence for a period of 4 years and 6 months.

7. Crime in Paulin Dvor

The third first-instance (second repeated) trial completed.

Indictment by the Osijek County Attorney's Office no. K-DO-68/2002 of 12 March 2003 amended at the hearing of 5 April 2004. Prosecution:Miroslav Dasović Deputy County Attorney in Osijek

Osijek County Court

War Crimes Council: Judge Darko Krušlin, Council President;Judge Mario Kovač, Council member;Judge Damir Krahulec, Council member

Enes Viteškić

Member of Croatian formations

The defendant has been in custody since the publication of the first instance verdict of conviction.

The defendant was found guilty and sentenced to 11 years in prison on 17 May 2012 after the completion of the third (second repeated) first-instance trial.

Victims - killed (18) Milan Labus, Spasoja Milović, Boja Grubišić, Božidar Sudžuković, Bosiljka Katić, Dragutin Kečkeš, Boško Jelić, Milan Katić, Dmitar Katić, Draginja Katić, Vukašin Medić, Darinka Vujnović, Anđa Jelić, Milica Milović, Petar Katić, Jovan Gavrić, Milena Rodić and Marija Sudžuković

The criminal proceedings have been underway since 2002.The Supreme Court twice overturned the first-instance verdict of acquittal of the Osijek County Court.

8. Crime in Perušić

Repeated first-instance proceedings underway.

The Supreme Court previously quashed the Zadar County Court judgement of 4 February 2011 which left in place the earlier judgment of the Zadar County Court sentencing the defendant in absentia to 9 years in

Indictment by the Zadar County Attorney's Office no. KT-9/95 of 27 June 1995

War crime against civilians Prosecution: Radovan Marjanović, Deputy County Attorney in Zadar

County Court in Split(referral from the County Court in Zadar)

War Crimes Council: Judge Bruno Klein, President of the Council;Judge Damir Romac,

Nikola Munjes

Member of Serbian formations

Held in detention. Extradited from Montenegro.

- Victims - abused (2): Duje Pešut and Grgo Pešut

Page 5: Overview of the monitored war crime trials

prison. Council member;Judge Neven Cambi, Council member

9. Crime in Dalj IV

Fourth (third repeated) first-instance proceedings completed.

The Supreme Court overturned three times the first instance judgment of the County Court in Osijek (which sentenced the defendant to 5 years in prison) three times.

Indictment by the County Attorney's Office in Osijek no. K-DO-52/08 of 4 November 2008., amended (specified) on 31 March 2009 and at the hearing of 14 March 2011

War crime against civilians

Prosecution: Dragan Poljak, Deputy County Attorney in Osijek

Osijek County Court

War Crimes Council: Judge Darko Krušlin, Council President; Judge Ružica Šamota, Council member; Judge Ante Kvesić, Council member

Čedo Jović

Member of SerbianFormations

Held in detention.

Defendant was found guilty for the fourth time on 1 June 2012 and sentenced to 5 years in prison.

Victims:- killed (1): Antun Kundić- physically abused (5): Ivan Horvat, Ivan Bodza, Karol Kremerenski, Josip Ledenčan and Emerik Huđik

The Supreme Court overturned the first-instance judgement of conviction three times – on some occasions due to procedural irregularities, and on some due to erroneous / incomplete facts.

The defendant has been detained since 7 July 2008. It should be assumed that had the conviction to 5 years in prison become final, the defendant would have already received an early release from prison.

10.

Crime in prisons in Gajeva Street in Zagreb and Kerestinec

First-instance proceedings underway. Trial commenced on 27 March 2012

Indictment by the County Attorney's Office in Zagreb no. K-DO-384/10 of 18 November 2011

War crimes against prisoners of war Prosecution: Robert Petrovečki, Deputy County Attorney in Zagreb

County Court in Zagreb

War Crimes Council: Judge Marijan Garac, Council President;Judge Mirjana Rigljan, Council member;Judge Petar Šakić, Council

Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj

Members of Croatian formations

Stjepan Klarić, Dražen Pavlović and Viktor Ivančin are held in detention.Detention against Željko Živec and Goran Štrukelj was lifted by the Trial Chamber on

- Victims - physically, mentally and / or sexually abused (26): 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,

Hearings are held in inadequate courtrooms.

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member 16 July 2012. Since then they have stood trial free.

Borivoj Rogić, Nenad Filipović, Nebojša Kostadinović, Vojkan Živković, Nada Grab and one unidentified person

11. Crime in Sisak

First-instance proceedings underway. Trial commenced on 21 May 2012

Indictment by the County Attorney's Office in Osijek no. K-DO-53/11 of 16 December 2011

War crime against civilians Prosecution: Miroslav Kraljević, Deputy County Attorney in Osijek

Osijek County Court

War Crimes Council: Judge Zvonko Vekić, Council President;Judge Rose Šamota, Council member;Judge Ane Kvesić, Council member

Vladimir Milanković and Drago Bošnjak

Members of Croatian formations

In detention

- Victims: - killed / missing (25): Vlado Božić, Zoran Vranešević, Branko Oljača, Željko Vila, Evica Vila, Marko Vila, Dušan Vila, Mlađo Vila, Nikola Trivkanović, Zoran Trivkanović, Berislav Trivkanović, Jovan Crnobrnja, Rade Španović, Stevo Ratković, Ljubica Solar, Milan Cvetojević, Petar Pajagić, Vojislav Trbulin, Stanko Martinović, Stevo Borojević, Miloš Čalić, Vaso Jelić, Nikola Drobnjak, Miloš Brkić and Dragan Miočinović - unlawfully arrested and / or abused (42): Stevo Brajenović, Dmitar Brajenović, Milan Slavulj, Miodrag Stojaković, Sveto Mijić, Gojko Lađević, Nenad Tintor, Živko Živanović, Obrad Štrbac, Milan Davorija, Stevo Miodrag, Mićo Mitrović, Pero Dragojević, Ivica Bišćan, Dobrila Crnobrnja, Milorad Ratković, Blažana Ratković, Danica Ratković, Dragica Subanović, Branko Subanović, Lazo Ostojić, Danica Ostojić, Dragan Ostojić, Mirko Drageljević, Neđeljka Drageljević, Nikola Batula, Milica Batula, Đuro Cvetojević,

Unsolved issue of transport of witnesses from Sisak to Osijek is one of the reasons for a low turnout of witnesses at the trial.

Page 7: Overview of the monitored war crime trials

Dragomir Cvetojević, Mihajlo Mrkonja, Živko Goga, Milan Vasiljević, Nikola Arnautović, maloljetni Živko Vujanić, Ranko Davidović, Ratko Miljević, Miloš Gojić, Blagoje Savić, Radivoj Crevar, Ljuban Vukšić, unindentified civilan person, about 45 years of age, Boško Subotić

12. Crime in Petrinja

Re-trial completed.

Indictment by the County Attorney's Office in Zagreb no. K-DO-45/12, taken over from the Sisak County Attorney no. KT-9/93 of 10 March 1993

War crime against civilians

Prosecution: County Attorney's Office in Zagreb

County Court in Zagreb (referral from the County Court in Sisak)

War Crimes Council: Judge Željko Horvatović, Council President;Judge Ratko Šćekić, Council member;Judge Zdravko Majerović , Council member

Borislav Mikelić

Member of Serbian troops

Unavailable. Re-trial conducted in absentia, upon his request.

Decision on suspension of criminal proceedings was delivered on 31 May 2012. Prior to that the County Attorney's Office informed the court that it would renounce the prosecution.

Victims: - killed (1): Štef Bučar - sustained bodily injuries (6): Nikola Drakulić, Anđelina Banadinović, Rajko Đurač, Ramiz Herelić, Đuro Vujatović and Ivo Bunjan

Proceedings in which Mikelić and eight other defendants were sentenced in absentia to 20 years in prison are an example of a biased and unprofessional conduct of justice in the 1990s. Upon the request of the State Attorney's Office in 2009, the proceedings were re-opened and subsequently suspended against remaining eight defendants.

13. Crime in Ilovčak near Glina

First-instance proceedings ended with a decision on merits in which the Court rejected the charges.

Indictment by the County Attorney's Office in Sisak no. K-DO-38/2005

War crime against civilians

Prosecution:

Rijeka County Court (referral from the County Court in Sisak)

War Crimes: Council:

Vladimir Bekić

Member of Serbian troops.

Unavailable. Tried in absentia.

After the amendments to the indictment charged the accused with armed rebellion, the Court rejected the charges in its Decision of 4 June 2012.

Victim - killed: Milan Kapac

Page 8: Overview of the monitored war crime trials

Igor Bijelić, Deputy County Attorney in Rijeka

Judge Saša Cvijetić, Council President

14. Crime in Korenica

Completed first-instance re-trial.

On 8 June 2011 the Croatian Supreme Court quashed the 3 October 2008 judgment of the County Court in Rijeka in which the Rijeka Court found the defendants guilty.

Indictment by the County Attorney's Office in Gospić K-DO-24/06 of 31 January 2007, amended by the County Attorney's Office in Rijeka on 2 October 2008 and 26 April 2012

War crime against civilians

Prosecution: Darko Karlović, Deputy County Attorney in Rijeka

Rijeka County Court (referral from the Gospić County Court),

War Crimes Council: Judge Jasenka Kovačić, Council President;Judge Dina Brusić, Council Member, Judge Ksenija Zorc, Council member

Željko Šuput and Milan Panić

Members of Serbian troops

Standing trial free.

On 12 June 2012 the first instance verdict of conviction was published. The defendants received sentences equivalent to the ones received in the first procedure: Šuput got 4 years and Panić 3 years and 6 months.

Victims – unlawfully detained and abused (3): Nikola Nikolić, Mile Lukač and Perica Bičanić

15. Crime in Berk

First-instance proceedings underway. Trial commenced on 3 November 2011

Indictment by the County Attorney's Office in Vukovar no. K-DO-42/01 of 5 April 2006, specified by the submission of 12 October 2011

War crime against civilians

Prosecution: Vlatko Miljković, Deputy County Attorney in Vukovar

Vukovar County Court

War Crimes Council: Judge Nikola Bešenski, Council President; Judge Milan Kojić, Council member; Judge Irena Lenić, Council member

Milorad Momić

Member of Serbian troops

In detention. Extradited from France on 2 September 2011

- Victims: - killed Kata Garvanović; - beaten (3): Anđa Rušnov, Danica Rušnov, Mara Kujundžić

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16. Crime in Prokljan and Mandići

Repeated first-instance proceedings underway. Trial commenced on 19 June 2012

On 5 April 1007 the Supreme Court quashed the 11 September 2002 judgment of acquittal of the County Court in Šibenik.

Indictment by the County Attorney's Office in Šibenik no. K-DO-45/01 of 1 March 2002 and 11 May 2007

War crime against civilians and war crime against war prisoners

Prosecution: Zvonko Ivić, Deputy County Attorney in Šibenik

County Court in Split (referral from the Šibenik County Court),

War Crimes Council: Judge Ivona Rupić, Council President;Judge Stanko Grbavac, Council member;Judge Mlađan Prvan, Council member

Božo Bačelić, Ante Mamić, Luka Vuko and Jurica Ravlić

Members of Croatian formations

Božo Bačelić is in detention. He was arrested in Germany in February 2012 and extradited to Croatia in April 2012.Other defendants are standing trial free.

- Victims - killed: Milica Damjanić and Nikola Damjanić (civilians) and Vuk Mandić (prisoner of war)

The criminal proceedings have been underway since 2001. The defendants were held in detention until the first instance verdict of acquittal. After the Supreme Court quashed the verdict, Mamić, Vuko and Ravlić were put back in detention while Bačelić escaped. The trial against Mamić, Vuko and Ravlić has not been completed because two decisions haven't been delivered: the one on in absentia trial against Bačelić, and the one on the separation of proceedings. The defendants had been detained for the maximum possible period of time and were released upon the expiry of this period.

17. Crime in Škabrnja

Re-trial underway.

Defendant Petrov was sentenced to 20 years in prison by the judgment of the County Court in Zadar of 11 November 1995, following a trial in absentia. The procedure was conducted against Goran Opačić and another 25 defendants, and defendant Petrov was the

Indictment by the County Attorney's Office in Zadar KT-41/92 number of 22 August 1994 (raised against 26 defendants), after the separation of proceedings, its part relating to defendant Renato Petrov was amended on 20 September 2011

War crime against civilians

Zadar County Court

War Crimes Council: Judge Boris Balić, Council President; Judge Vladimir Mikolčević, Council member;Judge Boris Radman, Council

Renato Petrov

Member of Serbian troops

In detention. He was arrested in Germany in April 2011 and extradited to Croatia in July 2011.

- Victim: an elderly male person was killed.

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14th accused.Prosecution: Slobodan Denona, Deputy County Attorney in Zadar

member

18. Crime in Podvožić1

The trial began in September 2011 but it will have to restart as not a single hearing has been held since November 2011.

Indictment by the CountyAttorney's Office in Karlovac no.K-DO-33/10 number of 18 April 2011

War Crimes Against Civilians

Prosecution: Gordana Križanić, DeputyCounty Attorneyin Karlovac

Karlovac County Court

War Crimes Council: Judge AnteUjević, Council President; Judge Alenka Laptalo, Council member;Judge Denis Pancirov, Council member

Marko Bolić

Member of Serbian formations

In detention

- Victims - killed (2): Marijan Jakšić and Darko Tuškan

Despite the fact that the defendant is in detention, the trial hasn't resumed since November 2011. It was then decided that witnesses who reside in Serbia will be heard via request to the Serbian authorities.

19. Crime on Pogledić hillnear Glina2

The third trial (second repeated) began on 25 October 2010. The last hearing was held in April 2011.

Indictment by the County Attorney's Office in SisakK-DO-03/06 of 4 September2006, amended at the main hearing on 9 May 2007

War crime against civilians

Prosecution:

Sisak County Court

War Crimes Council:Judge Melita Avedić, Council President;CouncilJudge Alenka Lešić, Council member;

Rade Miljević

Member of Serbian troops

Standing trial free. Held in detention from March 2006 to December 2010.

- Victims - killed civilians (4): Janko Kaurić, Milan Litrić, Borislav Litrić and Ante Žužić

Defendant had been detained for 4 years and 9 months. Detention was terminated following the expiry of the maximum period of time that a defendant can spend in detention during trial. The Supreme Court twice overturned the first-instance verdict of conviction in which the defendant was sentenced

1 During the reporting period not held a single hearing was held.2 During the reporting period not held a single hearing was held.

Page 11: Overview of the monitored war crime trials

Marijan Zgurić, DeputyCounty Attorneyin Sisak

Judge Željko Mlinarić, Council member

to 14 i.e. 12 years in prison.

OVERVIEW OF MONITORED APPELLATE SESSIONS / HEARINGS IN WAR CRIMES CASES AT THE CROATIAN SUPREME COURT IN THE PERIOD MAY – AUGUST 2012

Case / procedural stage Indictment / crime / prosecution

Court / Council

Defendants / armed forces membership /

Detention

Judgment Victims Comments / problems / fair trial issues

1. Crime on the Korana bridge

Trial before the Croatian Supreme Court underway.

The Croatian Constitutional Court abolished the final and conclusive verdict in which the defendant was sentenced to 7 years in prison.

Indictment by the County Attorney's Office in Karlovac no. KT-48/91 of 25 May 1991, last amendments on 6 March 2007.

Unlawful killing and wounding of enemy

Prosecution:Jasmina Dolmagić, Deputy State Attorney

Croatian Supreme Court

Council:Judge Žarko Dundović, Council President;Judge Dražen Tripalo, Reporting judge;Judge-jurors Josip Bandić, Marija Kovačev and Dubravko Vuko

Mihajlo Hrastov

Member of Croatian troops

Standing trial free.

- Victims: - killed (13): Jovan Sipić, Božo Kozlina, Nebojša Popović, Milić Savić, Milenko Lukač, Nikola Babić, Slobodan Milovanović, Svetozar Gojković, Miloš Srdić, Zoran Komadina, Mile Babić, Vaso Bižić and Mile Peurača - wounded (4): Duško Mrkić, Svetozar Šarac, Nebojša Jasnić and Branko Mađarac

Criminal proceedings have been ongoing since 1992. The Supreme Court quashed the verdicts of acquittal of the County Court in Karlovac three times.The Supreme Court then conducted the trial itself and sentenced Mihajlo Hrastov to 8 years in prison, which was reduced to 7 years by the third-instance decision of the Supreme Court. However, the conviction of the Supreme Court was abolished by the Croatian Constitutional Court due to procedural irregularities.

Page 12: Overview of the monitored war crime trials

2. Crime in Novska II

The Supreme Court session held on appeal against the non-final judgment of the County Court in Sisak, in which Damir Vide Raguž was sentenced to 20 years in prison and Željko Škledar was acquitted.

Indictment by the County Attorney's Officein Sisak K-DO -16/09 of 15 January 2010, amended in April2010.

War crime against civilians

Croatian Supreme Court

Damir Vide Raguž and Željko Škledar

Members of Croatian formations

Damir Vide Raguž is on the run. He is tried in absentia. Željko Škledar is standing trial free – he had been detained until the publication of the first instance judgment.

Decision of the Supreme Court is still unknown

Victims - tortured and killed (4):Sajka Rašković, Miša Rašković, Mihajlo Šeatović and Ljuban Vujić

The trial concerning the event in question was conducted in 1992 against defendant Raguž and lateDubravko Leskovar. At the time, the Military Prosecutor's Office in Zagreb qualified the crime as murder, but the Zagreb Military Court suspended the criminal proceedings applying The Act on Amnesty from Criminal Prosecution and Proceedings for Crimes Committed in Armed Conflict and in the War Against the Republic of Croatia

3. Crime in the villages of the Promina municipality

Supreme Court session held on appeal against the judgment of the County Court in Šibenik of 24 September 2010 in which, after a repeated trial, the defendant wassentenced to 3 years and 6 months in prison.

Indictment by the County Attorney's Officein Šibenik K-DO-12/03 of 11 July 2003

War crime against civilians

Croatian Supreme Court

Rajko Janković

Member of Serbian troops

Standing trial free. Held in detention during the first-instance proceedings, from April 2003 until the publication of the first-instance judgement in May 2004. .

The Supreme Court rendered a judgement on 28 June 2012 rejecting the appeals filed by the State Attorney’s Office and the defendant

Victims / injured parties - abused and /or intimidated and / or lootedproperty (12):Šime Zelić, Neda Zelić, Vlado Zelić, Ankica Zelić, Neda Zelić, Anđa Čavlina, Dinka Karaga, Ante Parać, Milka Parać, Marija Parać, Ante Bračić, MarijaBračić