Criminal proceedings against Tomislav Duić et all. alleged for crime against prisoners of war, Article 122 OKZ RH.
INDICTMENT ( Summary)
In the indictment, it is alleged that the accused Tomislav Duić, a Commander of the Investigative military center of the 72. Military police of the Croatian army of the military prison « Lora» in Split. The second accused Tonči Vrkić as his Deputy, the accused Emilio Bungur, Ante Gudić and Anđelko Botić, as guards of the prison, together with other undefined persons are responsible for the acts that occured from March to August 1992 in the military prison «Lora» in Split where members of JNA and the Serbian paramilitary troops were detained.
It is alleged in the indictment that the accused Tomislav Duić and Tonči Vrkić had the knowledge that the guards of the prisons tortured the 37 detained prsoners of war, and treated them in an inhumane way. They not only knew that the gueards were behaving in such a way with the prisoners, but they also allowed them to do so, and even participated themselves in these actions. Hence, it is alleged in the indictment that the first and the second accused had the knowledge that crimes were committed by their subordinates, but they did nothing to stop them, and even participated themselves in the commitment of these crimes. By doing so, they breached the Geneva Convention relative to the treatment of prisoners of war in particular Articles 76,86 and 87 of the Additional Protocol ( Protocol I).
Furthermore, it is alleged in the indictment that the military prisoners were detained in « Lora» where they were beaten on a daily basis, hit with hands and baseball bats, as well as they were tortured with elecricity, forced to have sexual intercourse, forced to imitate dogs etc. Three prisoners died from the injuries, namely Bojan Vesović, Dušan Jelić and Vlado Savić, while the others suffered various serious injuries.
Therefore, the indictment alleges that the accused commited a crime against prisoners of war undre Article 122 OKZ RH.
County Court in Split
War Crimes Council (the Panel): Vladimir Živajić -President, Judge Davor Salina-member, Judge Stanko Grbavac-member.
Indictment: Issued by the County State Attorney in Split, dated 23 December 2008
Criminal offence: war crime against prisoners of war, Article 11 OKZ RH
Accused: Tomislav Duić (in absense, the decision was delivered on 27 September 2011)Tonči Vrkić ( undetained) Emilio Bungur (undetained), Ante Gudić (undetained) and Anđelko Botić (detained in August 2015, currently in prison)
Defense: I. Accused :Tomislav Duić attorney at law Hrvoje Alajbeg
II. Accused: Tonči Vrkić, attorney at law Nedeljko Ivančević
III Accused:Emil Bungur, attorney at law Vinko Burazer
IV. Ante Gudić attorney at law Josip Mrklić
V. Anđelko Botić, attorney at law Vinko Gulišij
37 detained prisoners of war-tortured, treated in an inhumane way
Bojan Vesović, Dušan Jelić, Vlado Savić- died from the injuries
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