Trial against Borivoj Lukić, Dragoslav Lukić, Željko Ivković and Drago Starijaš, charged with a war crime against civilians referred to in Article 142 of the OKZ RH.

GENERAL INFORMATION

Osijek County Court

Case file no.: K-24/93

Council (judges' panel): judge Bogdan Penjić, Council President; judge Zora Majić, Council Member; lay judges Zdenka Matoković, Marko Elez and Josip Kasan, Council Members

Indictment: KT-229/92 of 26 February 1993 issued by Osijek District State Attorney's Office

Criminal offence: war crime against civilians referred to in Article 142 of the OKZ RH

Defendants: Borivoje Lukić, Dragoslav Lukić, Željko Ivković and Drago Starijaš, unavailable

Defence counsels: Dubravko Marjanović, Dražen Matijević, Josip Matković and Zvonimir Mesić, lawyers practising in Osijek

Victim: one female person raped (name not disclosed)

VERDICT (SUMMARY)

In the Osijek County Court's verdict of 13 May 1993, the defendants were found guilty that in their capacity as members of the paramilitary formation acting together with the aggressor (JNA), defendant Borivoje Lukić as the commander; Dragoslav Lukić, Željko Ivković and one unidentified person, took away from the family house on 26 August 1991 in the village Krasković, Municipality Orahovica a 19-year old girl (name not disclosed) to Gudnoga, the Podravska Slatina Municipality and under death threats by kicking her striking with hands and arms were interrogating her while insulting and cursing; Dragoslav Lukić forced her to eat her own hair which he had cut previously; then they captured her in a metal container at the depot place in Sekulinci; they kept her there detained for 38 days, and during that time several persons repeatedly by using force under death threats committed sex acts with her, and among them also defendant Drago Starijaš. On 2 November 1991 they handed her over to the MUP RH police when prisoners were being exchanged.

Defendants were sentenced to ten (10) years in prison each.

The Supreme Court of the Republic of Croatia, at its session held on 10 February 1994, accepted the state attorney's appeal and amended the first-instance verdict by amending the sentence against the defendants to 13 (thirteen) years in prison each.