Crime in Kuline (Pašalić et al.)

The proceeding commenced in front of the County court in Split.
The indictment is against four accused: Tvrtko Pašalić, Damir Boršić, Željko Maglov i Milorad Paić. All of the accused are not in detention. The indictment alleges the above-mentioned accused persons for committing war crimes against prisoners of war, Article 122 OKZRH throughout the period from 2 March to 23 April 1992 at the war prison “Kuline” in Šibenik. During that period the second military unit of the 72 Military police VP and IV managed the prison. In particular, the first accused Tvrtko Pašalić was the Commander of the prison, while Damir Boršić was the superior of the prison. Both of them had command responsibility under the guard staff of the prison, and at the same time they had the resposibility to apply the rules of the international law of war. The third accused Željko Maglov was an assistant to the Commander of the second military unit of the of the 72 Military police VP and IV, while the fourth accused Milorad Paić was the assistant of the commander of the law enformcement agency of the second unit of the 71 Military police VP and IV. After liberation of the the village Nos Kalik the following members of the Serbian paramilitary army: Branimir Skočić, Nikica Skočić, Rajko Skočić, Milan Skočić, Boško Skočić, Zdravko Skočić, Nikola Skočić, Branko Skočić, Petra Skočić, Petra Skočić, Damir Kalik, Daragana Kalik, Marko Kalik, Dušan Kalik, Boško Kalik, Branko Zeljak, Pero Zeljak, Jovan Zeljak, Đino Zeljak, Mirko Milovac, Milorad Đuričić i Vojkan Živkovič were detained in the prison “Kuline” where they were tortured on a daily basis ( tortured with electricity, forced them  to have sexual intercourse with each other…). The accused persons despite being responsible for the security of the prisoners of war and being aware of the torture and the inhumane treatment of the prisoners did nothing to stop the torture, and even participated themselves in these acts. By doing so the accused persons breached the Geneva Convention relative to the treatment of prisoners of war.  

There is another proceeding against the third accused Damir Boršić who is alleged for crimes against the civilian population that was detained in Kuline .

Case File Number: K-27/11

War Crimes Council (the Panel): Mlađan Prvan -President, Spomenka Tonković, Neven Cambi- members.

Indictment:  K-DO-97/10 dated 4 March 2011

Prosecution: Zvonko Ivić,  Deputy ŽDO in Šibenik, sent to ŽDO in Split

Criminal offence: war crime against civil population under Article 120, paragraph 1 OKZRH

Defense:   I. Accused :Tvrtko Pašalić, attorney at law Dragan Mijoč from Split
II. Accused: Damir Boršić, attorney at law Željko Gulišija, and attorney at law from Split
III Accused: Željko Maglov, attorney at law Nedeljko Ivančević, attorney at law from Split
IV Accused: Milorad Paić, attorney at law Branimir Zmijanović, attorney at law from Split