Trial against Ivan Kumić, charged with a war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

INDICTMENT (SUMMARY)

The injured party stated in his capacity as prosecutor that defendant Ivan Kumić acted inhumanely against him as civilian. On 9 August 1992, during armed conflict between the Croatian armed forces and members of ex-JNA and Serb paramilitary formations, the defendant in his capacity as member of Military Police Operation Group Nova Gradiška’s company (with Ante Šolić as their commander), acted inhumanely against the injured party who was civilian within the premises of military barracks where the injured party was brought in from Slavonski Kobaš. The defendant, together with several still unidentified members of the Military Police company, treated there the injured party inhumanely, blasphemed against his human dignity, humiliated and maltreated him mentally and physically, and the defendant beat him several times all over his body. This way, the defendant violated the provisions of Article 3 paragraph 1 items (a) and (c) of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and Article 4 paragraph 1 items (a) and (e) of the Protocol (II) Additional to the Geneva Conventions of 8 June 1977 (non-international armed conflicts). The injured suffers from mental instability caused by described actions by the defendant. On 10 August 1992 he attempted suicide by stabbing his abdomen with pointed glass parts and sustained serious life-threatening injuries.

Therefore, by violating international law rules at the time of armed conflict, the defendant inhumanely treated a civilian and thus committed a criminal offence against humanity and international law – war crime against civilians referred to in Article 120, paragraph 1 of the OKZRH.

The indictment can be viewed (in Croatian language) here.

Remark:

The Slavonski Brod ŽDO submitted a request for investigation (No. K-DO-6/11) against Ivan Kumić. Investigative judge of the Slavonski Brod County Court passed a Decision on initiating investigation No. Kio-25/11. During investigation, the suspect, the injured party and 14 witnesses were heard and forensic evaluation of the injured party was carried out. The Slavonski Brod ŽDO dropped charges against the suspect during investigation but the injured party stated that it would assume criminal prosecution. The Slavonski Brod County Court informed the injured party (Nr. Kio-25/11 of 25 April 2012) that the investigation was completed and that within the period of eight days he can submit the indictment to the competent court “for the relevant criminal offence against the accused person, cautioning about discontinuation of the proceedings”.

GENERAL INFORMATION

Osijek County Court

War Crimes Council (judges’ panel): Krunoslav Barkić, Council President, Anto Rašić and Damir Krahulec, Council Members

Defendant: Ivan Kumić

Prosecution: Dimitrije Škrpan, injured party as prosecutor

Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH

Defence: Julka Bandić, lawyer practicing in Osijek, Alojzije Fiuri, lawyer practicing in Požega

TRIAL MONITORING REPORTS

NOVA GRADIŠKA izvještaji s praćenja (available in Croatian language)

VERDICT

In November 2012, the Osijek County Court’s War Crimes Council pronounced the first- instance verdict in which accused Kumić was acquitted of charges.