The main hearing of the trial against the accused Bogdan Kuzmić commenced before the War Crime Council of the Vukovar County Court on 07 April 2008. Bogdan Kuzmić was accused of criminal act of war crime against civilians, stated in Article 120, Paragraph 1 of the Basic Penal Law of the Republic of Croatia, which had been committed in the Vukovar Hospital on 19 November 1991.
On 15 July 2010, Bogdan Kuzmić was pronounced guilty. The verdict is not legally valid yet. Bogdan Kuzmić was sentenced to 7 years of imprisonment.
INDICTMENT (SUMMARY)
The indictment No. DO-K-12/98, issued by the Vukovar County State's Attorney's Office (hereinafter: the ŽDO) on 19 March 2001, charges the defendant that in the night between 18/19 November 1991 in Vukovar, during the armed aggression by the so-called JNA and associated enemy formations against the Republic of Croatia, as a member of the reserve composition of the so-called JNA, following the occupation of the City of Vukovar, at the General Hospital, contrary to the provision of Article 3 of the Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War, singled out Martin Došen, Marko Mandić, Branko Lukenda, Stanko Duvnjak and Tomislav Hegeduš from other civilians and took them in unknown direction, after which the aforementioned persons were killed in an, for the time being, unidentified manner.
You can read the indictment issued by the Vukovar ŽDO No. DO-K-12/98 of 19 March 2001 here (pdf, 4,82 MB). (in Croatian)
GENERAL DATA
Vukovar County Court
Case number: K- 16/01
War Crimes Council: Judge Nikola Bešenski, Council President; Judge Stjepan Margić, Council member; Judge Nevenka Zeko, Council member (as of 17 March 2010, the judge Margić was replaced by the judge Jadranka Kurbel in the Council)
Indictment: issued by the Vukovar ŽDO, No. DO-K-12/98 of 19 March 2001, modified by the memo dated on 06 July 2010
Prosecuting attorney: Vlatko Miljković, Deputy Vukovar County State's Attorney
Criminal act: war crime against civilians, Article 120, paragraph 1 of the OKZ RH
The defendant: Bogdan Kuzmić, tried in absentia
Defence counsel: lawyer Stjepan Šporčić, court-appointed defence counsel
Injured parties: Ljiljana Mandić, Anica Lukenda
Victims - killed: Marko Mandić, Tomislav Hegeduš, Stanko Duvnjak, Branko Lukenda and Martin Došen - following the modification of the indictment of 06 July 2010, the accused person is no longer charged with the offence of singling out and killing of Stanko Duvnjak and Martin Došen.
MONITORING REPORTS
VUKOVAR HOSPITAL reports (in Croatian)
Investigation against the defendant was conducted by the investigation judge of the Osijek County Court who, in a decision No. Kio-408/97, ordered detention against the defendant Bogdan Kuzmić. On 18 June 1997, the investigation judge of the Osijek County Court issued a domestic arrest warrant. From the report by the Vukovar-Srijem Police Administration dated 26 June 1997 it is evident that the domestic arrest warrant for the defendant Bogdan Kuzmić had been issued on 3 June 1993, pursuant to the order of the Osijek Military Court.
Upon the request by the President of the War Crimes Council of the Vukovar County Court, the Vukovar-Srijem Police Administration forwarded a report on 11 April 2001 from which it was evident that in 1997 the defendant Bogdan Kuzmić moved with the members of his family to an unknown address in BiH, but as of 19 August 1985 he had a registered permanent residence in Borovo naselje which he did not de-register.
The Vukovar County Court issued an international arrest warrant on 14 September 2004 against the defendant which was published in the Bulletin of Arrest Warrants published by the Ministry of the Interior of the RoC, under number 351-96000-7974, dated 16 December 2004.
In the ruling of the Extra-trial Chamber of the Vukovar County Court, No. Kv-289/06 of 3 January 2007, it was decided that the defendant Bogdan Kuzmić will be tried in absentia. The Vukovar ŽDO lodged an appeal against the aforementioned ruling. In the ruling of the Supreme Court in Zagreb, No. I Kž 901/07, of 21 February 2007, the appeal was rejected as ill-founded.
The main hearing commenced on 7 April 2008. The defendant is tried in absentia.
VERDICT
MONITOR'S REMARKS
The injured parties have information, indirect and direct, that the defendant took away their husbands from the hospital basement.
At the court session held on 16 June 2008, the witness dr. Vesna Bosanac testified that she had information that the defendant was living in Bijeljina.
At the court session held on 22 July 2008, both heard witnesses claimed to have seen when the defendant took away Branko Lukenda from the basement. However, Anka Furundžija claimed that the defendant took him away from the atomic shelter, while Zdenka Žulj claimed that the defendant took him away from the Rentgen office. Upon a question how far those two locations were removed, the witness Zdenka Žulj stated that they were located in two hospital buildings in Vukovar.
The victim Stanko Duvnjak was exhumed from a mass grave in Grabovo. Other victims have not been found until today, they are registered on the list of missing persons from Ovčara. Thus, in this specific case it is necessary to prove the causal connection between the taking away of victims from the hospital and their suffering on Ovčara. Likewise, it is necessary to prove that the defendant's action (taking away of civilians) was guided by his awareness and knowledge that those civilians would be killed.
1 December 2008
