Trial against Emil Črnčec, Tihomir Šavorić, Antun Novačić, Robert Precehtjel, Nenad Jurinec, Goran Gaća and Robert Berak, for a war crime against war prisoners, as described and punishable in accordance with Article 122 of the OKZRH.
Indictment of the Zagreb County State Attorney’s Office no. K-DO-287/09 of 18 June 2010, charges the aforementioned defendants that, in their capacity as members of the 7thGuard Brigade of the Croatian Army (HV), in the wider area of Mlinište in Bosnia and Herzegovina on 9 and 10 September 1995, they took away members of the Republika Srpska Army imprisoned during the “Maestral 2” military action (Radoslav Lakić, Pero Vidović, Petar Jotanović, Dragoslav Mutić, Borislav Vukić and one more unidentified male person), in the village of Halapić to the headquarters of the 7th HV Guard Brigade and, by following the orders of the brigade commander, now-late Ivan Korade, they confined them there in the barn nearby the headquarters office for the purpose of execution; the next day, following the now-late Ivan Korade’s order to execute the prisoners, the 1st defendant Črnčec and the 2nd defendant Šavorić fired from their personal weapons at Radoslav Lakić and Pero Vidović, as a result of which they died; the 3rd defendant Novačić, the 4th defendant Precehtjel and the 7th defendant Berak by following the now-late Korade’s order formed a firing squad, opened automatic rifle fire and executed Petar Jotanović and unidentified male person; whereas war prisoners Dragoslav Mutić and Borislav Vukić were handed over to the members of Artillery Battery of the 3rd Battalion of the 7th HV Guard Brigade in the central place of the battery in Mlinište where the 3rd defendant Novačić, the 4thdefendant Precehtjel, the 5th defendant Jurinec, the 6th defendant Gaća and the 7thdefendant Berak killed them by firing multiple shots from automatic rifles, and thus, by violating the international law rules they were killing war prisoners and therefore committed a criminal offence against humanity and international law – a war crime against war prisoners – as described and punishable according to Article 122 of the OKZRH.
Zagreb County Court
Case file number: K-rz-1/10
War Crimes Council (panel): judge Marijan Garac, President of the Council, judges Rajka Tomerlin Almer and Zdravko Majerović, Council Members
Indictment: no. K-DO-287/09 of 18 June 2010 issued by the Zagreb County State Attorney’s Office.
Prosecution: Jurica Ilić, Zagreb County Deputy State’s Attorney
Criminal offence: war crime against war prisoners under Article 122 of the OKZRH
1st defendant Emil Črnčec,
2nd defendant Tihomir Šavorić,
3rd defendant Antun Novačić,
4th defendant Robert Precehtjel,
5th defendant Nenad Jurinec,
6th defendant Goran Gaća,
7th defendant Robert Berak
The defendants are held in custody from 28 October 2009.
– lawyer Željko Olujić representing the 1st defendant,
– lawyers Zvonimir Hodak and Tanja Vranjican Đerek representing the 2nd defendant,
– lawyers Ana Marija Gospočić and Laura Valković representing the 3rd defendant,
– lawyer Gordana Grubeša representing the 4th defendant,
– lawyer Marko Zečević representing the 5th defendant,
– lawyer Emir Midžić representing the 6th defendant,
– lawyer Stipica Akrap representing the 7th defendant,
Victims (killed): Radoslav Lakić, Pero Vidović, Petar Jotanović, Dragoslav Mutić, Borislav Vukić and one unidentified male person
On 24 October 2011, the War Crimes Council of the Zagreb County Court found five defendants guilty. Tihomir Šavorić and Nenad Jurinec are sentenced to six years and Antun Novačić is sentenced to five years in prison. Robert Precehtjel and Robert Berak are sentenced to two years each for aiding and abetting the crime.
The 1st defendant Emil Črnčec and the 6th defendant Goran Gaća are acquitted.
Detention against Šavorić, Jurinec and Novačić who are sentenced with the first-instance verdict (verdict before appeal) is extended. After the pronouncement of the verdict, detention was vacated in respect of Precehtjel and Berak, including also Črnčec and Gaća who are acquitted.
The public session of the Supreme Court of the RoC was held on 6 May 2013. We are not familiar with the decision.
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