Following the permission to re-open criminal proceeding in which the defendants Milenko Drača, Stevan Drača, Stevan Milanko, Milan Milanko, Branko Lakić, Dragan Končarević, Živko Milanko, Branislav Milanko, Željko Sanković, Davor Sanković and Dragan Drača were sentenced for a war crime against civilians, and after amendment of the indictment, the investigative judge of the Zadar County Court discontinued the trial against the mentioned defendants by way of applying the provisions of General Amnesty Act.
THE COURSE OF THE TRIAL
The Zadar County Court, in its final verdict No. K-47/92 of 7 December 1994, sentenced the defendants to prison terms in the duration of 6 – 8 years each, for committing a criminal offence under Article 120, paragraph 1 of the OKZRH.
On 16 February 2009, the Zadar County State Attorney’s Office filed a request (No. KT-79/92) for re-opening of the trial. Requests for re-opening of the trial were also submitted by the defendants Dragan Končarević, Željko Sanković and Dragan Drača.
With the decision No. Kv-66/09, on 13 October 2009 the Zadar County Court permitted re-opening of the trial and reversed it back to the investigation stage.
The State Attorney modified the factual and legal description as well as the legal qualification of the offence by charging the defendants for the commission of an armed rebellion under Article 235, paragraph 1 of KZRH. At the same time, he proposed a discontinuation of the trial on the basis of General Amnesty Act.
Investigative judge discontinued the trial and vacated the detention that was ordered by way of the decision in 1995. He also ordered warrants against the defendants to be withdrawn.
Decision by the Zadar County Court issued on 9 April 2010, you can see (in Croatian) here.
After expiry of the appeal process, i.e. when the judgment becomes final, this trial case will be submitted to the extra-trial chamber to reach a decision on quashing the convicting verdict (pursuant to Article 508, paragraph 2 of the Criminal Procedure Act).
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