Crime in Ćelije
The trial in the Darko Radivoj case began at the Higher Court in Belgrade on 6 May 2010. The defendant was charged that he killed in November 1991 a detained member of the Croatian Army (HV), and thereby committed a war crime against war prisoners under Article 144 of Yugoslav Criminal Code (KZJ).
War Crimes Department of the Higher Court in Belgrade pronounced a verdict on 17 November 2010 finding the defendant guilty and sentencing him to 10 years in prison.
INDICTMENT (SUMMARY)
The Indictment charged Darko Radivoj that:
– on 20 November 1991, during the armed conflict on the Croatian territory between JNA, TO and police forces of “SAO Krajina” on one side, and police and military units of the Republic of Croatia on the other, after the armed conflict near Sarvaš and Orlovnjak,
– as a TO police member,
-in breach of international law rules in time of armed conflicts, contrary to the provisions of Article 3 (1a) of the Geneva Convention (III) relative to Treatment of Prisoners of War and Article 4 (1) and (2a) of the Protocol Additional to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts (Protocol II),
– he killed the wounded and then forcibly confined Marijan Pleteš who was a HV member of the 130th Brigade. As a captive Marijan Pleteš ceased to participate in hostilities and was disabled for further fighting because of the sustained wound – an injured leg.
– The defendant committed the crime in the manner that he and police member Branko Stjepanović took the injured person out of the dispensary in Tenja. Branko Stjepanović was supposed to take them in his personal vehicle to the command office in Bobota. During the drive, at the local cemetery in the village of Ćelije, having told Branko Stjepanović to pull down, the defendant took Marijan Pleteš out of the vehicle and fired at Pleteš a burst fire from automatic rifle, nearby the cemetery entry. The injured person sustained bodily and head injuries that caused his death.
You can read the Indictment of the Office of the War Crimes Prosecutor of the Republic of Serbia, in Serbian language here.
GENERAL INFORMATION
Higher Court in Belgrade
War Crimes Panel: judge Rastko Popović, President; judges Vinka Beraha Nikićević and Snežana Nikolić Garotić, Members
Indictment: No. KRTZ 9/08 of 11 March 2010 issued by the Office of the War Crimes Prosecutor of the Republic of Serbia.
Criminal act: war crime against war prisoners under Article 144 of KZJ
Prosecution: Nebojša Marković, Deputy War Crimes Prosecutor of Republic of Serbia
Defendant: Darko Radivoj, a.k.a “Gurgula” (detained during investigation but not detained during the trial)
Defence: lawyer Vojislav Vukotić, court.-appointed defender
Victim: Marijan Pleteš, detained Croatian soldier, killed
TRIAL MONITORING REPORTS
Pursuant to the Agreement on the cooperation in the prosecution of perpetrators of war crimes, crimes against humanity, and crimes of genocide, the State Attorney’s Office of the Republic of Croatia (DORH) forwarded to the Office of the War Crimes Prosecutor of the Republic of Croatia the case file copies as evidence. The Serbian prosecution took over the criminal prosecution in this case.
VERDICT
War Crimes Department of the Higher Court in Belgrade pronounced a verdict on 17 November 2010 finding the defendant guilty and sentencing him to 10 years in prison.
