Together with activists of CHC (Croatian Helsinki Committee) and DOS (Dalmatian Committee of Solidarity), Otvorene Oci, monitored the trial of Mr. Mirko Graorac, accused of war crimes, in the Split County (Zupanijski) Court. The following report is an observation of the procedures of that trial.The Republic of Croatia brought charges of war crimes against war prisoners in accordance with article 122 of the Croatian Criminal Law and articles 3, 13, 14 and 17 of the Geneva Convention, from August 12, 1949 against Mr. Graorac. Mr. Graorac pleaded not guilty. Specifically, Mr. Graorac was accused of leaving Croatia, of his own freewill and going to Bosnia-Hercegovina to a district where para-military units of "Republike Srpska Krajina" held the territory. He was also accused of, while there, being a member of the civilian Serb police force and acting as a commander of the external guard of the concentration camp "Manjaca", near Banja Luka. As the commander of these guards he was accused of physically and pschologically maltreating and torturing prisoners of war, both personally and through orders to his troops. This treatment subsequently led to the death of some of the prisoners of war. Mid-way through the trial, these charges were also extended to include the phsyical and pschological maltreatment and torture of civilians.
A number of witnesses were called to testify on behalf of the accused. Of these witnesses, many could not positively identify Mr. Graorac as carrying out those crimes he was accused of. Responses to the questions of the Judge, Josip Cule and Defence Lawyer, Mr. Nenad Boban were never very specific, ranging from "I think", "Maybe", "Probably" to "I heard". The majority of the witnesses, were able to say that they recognised Mr. Graorac, although many did say it was through televison and newspaper coverage, or photographs shown by the police before the identity parade. Video tapes of news broadcasts from British, French and US television were also presented to the court as evidence. No translation of these tapes was provided and no mention or identification of Mr. Graorac was evident.
No witness was able to testify that Mr. Graorac had personally beat them, that they had seen him beat other prisoners or given orders that prisoners be beaten. One of the main witnesses, Mr. Boris Duvnjak testified that he had never seen Mr. Graorac personally beat a prisoner, just that he had heard he had.
Concern was also expressed by local activists with regard to one of the witnesses, Mrs. Edi Parcina, who was allowed to be present in the court during the hearing, before she testified. The State Prosecutor Mr. Slavko Mrsic, told her that she "would come next time as a witness".
Defence Lawyer, Mr. Boban challenged the use of video tapes and other identification procedures as being unfair. Judge Cule dismissed his objections, as did he with regard to Mr. Bobans request for inhabitants of the village Bainci, Bosnia-Hercegovina to come and testify. Judge Cule, said that it was unnecessary and that as they came from an "enemy country" of Croatia, he did not feel it was appropriate. In his closing statement, Mr. Boban also requested that the case be referred to the International Court for War Crimes at the Hague.
Mr. Graorac was found guilty and sentenced to twenty years imprisonment. The request of the defence lawyer, Mr. Boban, was denied on the grounds that Mr. Graorac was not a citizen of the Republic of Croatia, but rather a citizen of Bosnia-Hercegovina. Mr. Boban will appeal this decision.
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Otvorene Oci / Balkan Peace Team.