Trial against Đuro Kljajić, Dane Đukić, Petar Đukić, Štefan Penčarski, Andrija Antolović, Jovo Radeka, Eva Radeka, Sreten Katić, Tihomir Pavković, Momir Anđelić, Đuro Krošnjar, Željko Grubešljić, Ranko Grubešljić, Ranko Mirilović, Milan Kovačević and Nenad Macura, charged with genocide referred to in Article 119 of the OKZ RH, and after amendment of the indictment charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.
INDICTMENT
The Indictment no. KT-42/93 of 23 December 1996 issued by the Osijek County State Attorney's Office is available in Croatian here.
Later on, the indictment was taken over from the Vukovar ŽDO which amended (specified) it.
GENERAL INFORMATION
Vukovar County Court
Case file no.: K-41/99; K-31/02 (repeated proceedings)
Judges' panel: judge Nikola Bešenski, presiding; judge Stjepan Margić, member; lay judges Martin Jurić, Zoran Bračić and Marin Živković, members
- in the repeated proceedings: judge Nikola Bešenski, presiding; judge Stjepan Margić, member; lay judges Marko Lukić, Zoran Bračić and Stanko Vukojević, members
Indictment: no. KT-42/93 of 23 December 1996 issued by the Osijek County State Attorney's Office, taken over and amended (specified) by the Vukovar County State Attorney's Office (DO-K54/99)
Criminal offence: genocide referred to in Article 119 of the OKZ RH - following the amendment of the indictment: war crime against civilians referred to in Article 120, paragraph 1 of the OKZ RH
Defendants: Đuro Kljajić, Dane Đukić, Petar Đukić, Štefan Penčarski, Andrija Antolović, Jovo Radeka, Eva Radeka, Sreten Katić, Tihomir Pavković, Momir Anđelić, Đuro Krošnjar, Željko Grubešljić, Ranko Grubešljić, Ranko Mirilović, Milan Kovačević and Nenad Macura - Petar Đukić and Tihomir Pavković attended the trial, the other defendants were tried in their absence
Victims:
- expelled: 111 citizens of non-Serb ethnicity
- physically maltreated: Jure Brala, Ivan Ivić and his mother, Ivan Šakić, Andrija Kampić
- mentally maltreated: Jure Brala and his family, Stjepan Zvonarić, Vice Višić, Kata Mađarević, Ivan Bataković, Ivan Benić
- alienated or destroyed property belonging to: Jure Brala, Stjepan Zvonarić, Ivan Šakić, Zdravko Galović, Mile Višić, Rozalija Kalac, Marijan Skeledžić, Đure Kešnjer
VERDICT (SUMMARY)
On 21 May 2001, the Vukovar County Court pronounced the first-instance verdict in which Đuro Kljajić, Dane Đukić, Petar Đukić, Štefan Penčarski, Jovo Radek, Eva Radek, Sreten Katić, Đuro Krošnjar, Željko Grubešljić and Ranko Mirilović found guilty as charged that following the occupation of Tompojevci they formed the Territorial Defence Headquarters on 10 October 1991 and in their capacity as members of Territorial Defence or Militia of the so called SAO Krajina they were displacing and intimidated civilians, confiscated property, issued orders to destroy their property, forced to labour, treated them inhumanely, plundered property and inflicted great suffering and bodily injuries, and committed therefore a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.
Đuro Kljajić was sentenced to 10 years, Dane Đukić to 6 years, and Petar Đukić, Štefan Penčarski, Jovo Radeka, Eva Radeka, Sreten Katić, Đuro Krošnjar, Željko Grubješić and Ranko Mirilović to 5 years in prison.
Defendants Tihomir Pavković, Milan Kovačević and Nenad Macura, however, were acquitted of the charges.
The Vukovar County Court's verdict of 21 May 2001 is available in Croatian here.
On 26 June 2002, the Supreme Court of the Republic of Croatia accepted the appeal by defendant Petar Đukić and quashed the verdict in the section determining the sentence in his case and remanded the case to the first-instance court for retrial.
Appeal lodged by State Attorney and other defendants were rejected and the Supreme Court of the Republic of Croatia confirmed the first-instance court's verdict.
The verdict and decision of the VSRH of 26 June 2002 is available in Croatian here.
On 1 October 2002, after the repeated trial by the court at first instance, the judges' panel of the Vukovar County Court found defendant Petar Đukić guilty and sentenced him to 2 years in prison.
The Vukovar County Court's verdict of 1 October 2002 is available in Croatian here.
