Trial against Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj for a war crime against prisoners of war referred to in Article 122 of the OKZRH and Article 122 in conjunction with Article 28, paragraph 2 of the same Act.
INDICTMENT (SUMMARY)
The Zagreb ŽDO laid the indictment against five Croatian citizens: Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj for a war crime against prisoners of war referred to in Article 122 of the OKZRH in conjunction with Article 28, paragraph 2 of the same Act.
The defendants are charged that they committed the mentioned crime in Zagreb and Kerestinec in the period from December 1991 until 25 May 1992. During the armed conflict between Croatian armed forces and Serb paramilitary formations, defendant Klarić in his capacity as commander of War Prisoner's Shelter (which was initially based in Zagreb but later moved to the military barracks "Kerestinec"), defendants Pavlović, Ivančin, Živec and Štrukelj in their capacity as Croatian Army members while monitoring the work of guard services i.e. as superiors to other guard soldiers - Croatian Army members in the mentioned Shelter they had factual authority over them and they were all responsible for implementation of the international war law rules. Namely, defendant Klarić, in his aforementioned capacity, permitted the mentioned defendants, other subordinated soldiers and other Croatian Army members to physically and mentally abuse detained war prisoners in which he also participated. When they did not participate themselves, although they were aware of the mentioned abuse, they failed to take any action to prevent and punish unlawful actions, and thus they agreed that their subordinated persons continue with such unlawful actions and with their consequences. The defendants were charged that, in the mentioned period, they abused 26 persons in various forms and thus caused them great suffering and injuries of physical integrity and health.
In October 2012, shortly before the conclusion of the first-instance proceedings, the prosecution modified the indictment and informed thereof in written the competent court. The defendants are charged with war crime against war prisoners which was committed from mid January 1992 until 29 April 1992. On the basis of command responsibility, the 1st defendant Stjepan Klarić is charged with failing to prevent the torture and inhumane treatment committed by his subordinates against war prisoners and with direct commission of the crime. Other four defendants are charged that they committed war crime against war prisoners, i.e. they are also charged as direct perpetrators.
The indictment's specification section has been amended in respect of Nada Miličević, Milorad Blagojević, Miloš Crnković and Rajka Majkić, the witnesses which the prosecution proposed during the main hearing. In addition, the following crime commission acts specified: forcing war prisoners to have sexual intercourse with female prisoners and the rape of female prisoners.
GENERAL INFORMATION
Zagreb County Court
Case file number: 9 K-RZ-6/11
War Crimes Council (panel): judge Marijan Garac, Council President, judges Mirjana Rigljan and Petar Šakić, Council Members
Indictment: No. K-DO-384/10 of 18 November 2011 issued by the Zagreb ŽDO
Prosecution: Robert Petrovečki, Zagreb County Deputy State's Attorney
Criminal offence: war crime against war prisoners, Article 122 of the OKZRH and Article 122 in conjunction with Article 28, paragraph 2 of the same Act.
Defendants:
Stjepan Klarić, Dražen Pavlović, Viktor Ivančin, Željko Živec and Goran Štrukelj
Defence:
Berislav Herceg, a lawyer practicing in Zagreb representing the 1st defendant
Enver Vučetić, a lawyer practicing in Zagreb representing the 2nd defendant
Mario Medak, a lawyer practicing in Zagreb representing the 3rd defendant
Tomislav Jonjić, a lawyer practicing in Zagreb representing the 4th defendant
Gordan Preglej, a lawyer practicing in Zagreb representing the 5th defendant
Victims (physically, mentally and/or sexually abused): 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, Borivoj Rogić, Nenad Filipović, Nebojša Kostadinović, Vojkan Živković, Nada Grab, one unidentified person, Nada Miličević, Milorad Blagojević, Miloš Crnković and Rajka Majkić
VERDICT
On 31 October 2012, the Zagreb County Court's War Crimes Council pronounced the non-final verdict in which the defendants were found guilty and sentenced, as follows:
- 1st defendant Stjepan Klarić - 3 years and 6 months prison sentence,
- 2nd defendant Dražen Pavlović - 1 year prison sentence,
- 3rd defendant Viktor Ivančin - 2 years prison sentence,
- 4th defendant Željko Živec - 1 year prison sentence,
- 5th defendant Goran Štrukelj - 1 year prison sentence.
Detention against three defendants was vacated. The time which the defendants had spent in custody before this verdict will be added to the prison sentence, as follows: in respect of the first three defendants from 22 November 2010 until 31 October 2012; in respect of the fourth defendant from 22 November 2010 until 16 July 2012; and in respect of the fifth defendant Štrukelj from 22 November 2010 until 14 February 2012 and from 16 May 2012 until 16 July 2012.
