Crime in Petrinja (defendant Borislav Mikelić)
Reopened trial against Borislav Mikelić, previously sentenced in his absence to 20 years in prison.
INDICTMENT (SUMMARY)
The indictment no. K-DO-45/12 issued by the Zagreb ŽDO charges Borislav Mikelić with a war crime against civilians that he committed in his capacity as originator of the revival of the SANU memorandum of Greater Serbia [Memorandum of the Serbian Academy of Sciences and Arts] in SAO Krajina at the Ćavić hill where he formed the so-called Chetnik Formation Headquarters and then he prepared and coordinated armed rebellion actions, issued the order to carry out attack on the town of Petrinja and other places, ordered attack on the ZNG and MUP members and other non-Serb civilian population, their expulsion, plundering movables, destruction of housing units, farming and sacral facilities, ordered illegal arrests of Croatian ethnicity members, who were taken later on to the “Vasilije Gaćeša” military barracks where they were physically and mentally abused. During the mentioned attacks Bučar Štef was killed and Drakulić Nikola, Banadinović Anđelina, Đurač Rajko, Herelić Ramiz, Vujatović Đuro and Bunjan Ivo were injured; the following buildings were destroyed in Petrinja: Petrinja Municipality Court, St. Catherine Church and St. Lovro Church. Therefore, he committed a war crime against civilians referred to in Article 120 of the OKZRH.
Zagreb County Court
Case file number: K-rz-7/2011
Council: judge Željko Horvatović, Council President, judges Ratko Šćekić and Zdravko Majerović, Council Members
Indictment: no. K-DO-45/12 issued by the Zagreb ŽDO, taken over from the Sisak ŽDO/ Sisak District Public Prosecution (no. KT-9/93 issued on 10 March 1993).
Prosecution:
Criminal offence: war crime against civilians under Article 120, paragraph 1 of the OKZRH
Defendant: Borislav Mikelić, unavailable
Defence: Silvije Degen, lawyer practicing in Zagreb
Victims:
– killed: Štef Bučar
– sustained physical injuries: Nikola Drakulić, Anđelina Banadinović, Rajko Đurač, Ramiz Herelić, Đuro Vujatović and Ivo Bunjan
On the basis of the judgment no. K-13/93 of 9 June 1993 rendered by the Sisak District Court, the following persons were found guilty: 1st defendant Borislav Mikelić, 2nddefendant Dušan Jović, 3rd defendant Milan Muidža, 4th defendant Dušan Kačar, 5thdefendant Ilija Nišević, 6th defendant Milan Milanković, 7th defendant Ilija Belajac, 8thdefendant Simo Karaica and 9th defendant Stanko Divjakinja for committing war crime against civilians and were sentenced to 20 years in prison each. All defendants were sentenced in absentia. They were all represented by one defence counsel. According to the statements contained in the judgment, he established that the presented evidence was leading to a conclusion that the defendants were the ones who committed criminal offences as charged. The mentioned judgment with its explanation did not contain sufficient information on the evidence and the reasons of determining the guilt. The judgment can be viewed
here in Croatian language.
The conviction against Dušan Jović, Milan Muidža, Dušan Kačar, Ilija Nišević, Milan Milanković, Ilija Belajac, Simo Karaica and Stanko Divjakinja is annulled after the trial was reopened on the basis of the Sisak ŽDO’s request and the legal qualification was changed into armed rebellion. Therefore, by applying the General Amnesty Act against the mentioned persons, criminal proceedings against them were discontinued.
Decision on discontinuation of the proceedings can be viewed in Croatian language here.
The Sisak County Court issued a decision no. Kv-147/10 on 26 April 2011 in which it accepted the request by convicted Borislav Mikelić and it permitted, in respect of him, reopening of the trial which was concluded with a final and legally binding judgement no. K-13/93 issued by the District Court in Sisak on 9 June 1993.
TRIAL MONITORING REPORTS
Since the prosecution dropped charges against Borislav Mikelić, criminal proceedings against him were discontinued at the end of May 2012 .
