Trial against Luka Markešić, Zdenko Radić, Zoran Maras and Ivan Orlović, charged with a crime against humanity and international law by aiding and abetting the criminal in the perpetration of war crime against war prisoners (Article 122 of the OKZ RH in conjunction with Article 22 of the OKZ RH) and a criminal offence against humanity and international law by aiding and abetting the criminal in the perpetration of war crime against civilians (Article 120, paragraph 1 of the OKZRH in conjunction with Article 22 of the OKZRH).

INDICTMENT (SUMMARY)

The indictment no. K-DO-57/01 of 25 September 2001 issued by the Bjelovar County State Attorney's Office; amended by a memo no. K-DO-27/04 of 23 February 2005 issued by the Varaždin County State Attorney's Office; and amended at the main hearing held on 27 November 2007, charges the defendants that they aided and abetted unidentified persons in the perpetration of war crime against war prisoners and war crime against civilians.

In the initial indictment, even after its first amendment, the defendants were charged that they intentionally committed a crime on the basis of a previous agreement - i.e. as co-perpetrators. With the amendment of 27 November 2007, the factual description was partially changed including also changes in the legal description of the indictment. Thus, the defendants are charged with aiding and abetting unknown persons in the perpetration of war crime against war prisoners and war crime against civilians.

Click here to read in Croatian the indictment no. K-DO-57/01 of 25 September 2001 issued by the Bjelovar ŽDO; here to read the amended version of 23 February 2005, and here to read the amended version of 27 November 2007.

GENERAL INFORMATION

Varaždin County Court

Case file number:

War Crimes Council (panel):

Indictment: no. K-DO-57/01 of 25 September 2001 issued by the Bjelovar County State Attorney's Office (ŽDO), amended by a memo no. K-DO-27/04 of 23 February 2005 issued by the Varaždin ŽDO, and amended at the main hearing held on 27 November 2007.

Criminal offence:

Defendants: Luka Markešić, Zdenko Radić, Zoran Maras and Ivan Orlović

Defence:

Victims: 
- killed: Radovan Berbetović, Zdravko Dokman, Radovan Gredeljević, Ivan Hojsak, Boško Radonjić and one unidentified person

- survived: Savo Kovač

VERDICTS

By the Bjelovar County Court verdict of 20 January 2001, the defendants were acquitted.

By the VSRH decision no. I Kž-111/02-7 of 22 April 2004, the first-instance verdict was quashed. Click here to read in Croatian this decision.

By the Varaždin County Court verdict of 28 February 2005, the defendants were acquitted again. Click here to read in Croatian this verdict.

The VSRH quashed the mentioned verdict.

By the Varaždin County Court verdict of 21 December 2007, the defendants were found guilty and sentenced to the following prison terms: Markešić to 5 years, and the other defendants (Radić, Maras and Orlović) to 3 years each. Click here to read in Croatian this verdict.

The VSRH Appeals Chamber held its session on 1 February 2010. Click here to read in Croatian the monitoring report on this session. The VSRH quashed the verdict of the Varaždin County Court rendered on 21 December 2007 and remanded the case for a retrial.

On 17 November 2011,the Zagreb County Court's President of the War Crimes Council pronounced the verdict in which the defendants are acquitted of the charge.

No appeal was lodged against the mentioned first-instance verdict. 

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