Previous proceedings: Following the decision by the VSRH, No: I Kž-259/03, dated on 25th March 2004, the verdict of acquittal, which had been brought in the earlier procedure, was quashed primarily DUE TO INCOMPLETE ESTABLISHMENT OF FACTS. By this decision, theVSRH prescribed that the renewed procedure be conducted before the ENTIRELY REPLACED War Crime Council of the Split County Court, which was to repeatedly adduce all the evidence presented in the first trial, and to hear the witnesses from Serbia and Montenegro and Bosnia and Herzegovina that had not been heard at the first trial. 

The renewed first-instance proceedings against eight defendants, members of the Military Police of the Croatian Army, tried for the criminal act of war crime against civilians in the "Lora" Military Investigative Centre, was completed before the County Court in Split. The first-instance convicting verdict containing prison sentences in the range between 6 and 8 years was reached on 2 March 2006. The Supreme Court of the Republic of Croatia (hereinafter: VSRH) upheld the verdict which became final on 6 February 2007. The repeated trial was conducted in absence of the defendants Tomislav Duić, Miljenko Bajić, Josip Bikić and Emilio Bungur who were fugitives from justice.

On 29 December 2009, the trial against Josip Bikić was reopened. Previously, he had been sentenced with a legally binding verdict to 6 years in prison. In the reopened trial, he was sentenced to four years of imprisonment.

On 14 May 2012, the trial against Miljenko Bajić has been reopened. Previously, he had been sentenced in his absence to 6 years in prison. In the reopened trial, he was sentenced to 4 years and 6 months in prison. 

INDICTMENT (SUMMARY)

The indictment brought by the County Attorney's Office in Split, No: KTO 131/02, dated on 25th March 2002, charges the accused members of the 72nd Battalion of the Croatian Army Military Police: Tomislav Duić as a Commander; Tonči Vrkić as a Deputy Commander; Miljenko Bajić, Josip Bikić and Davor Banić, as members of the Intervention group - platoon; and Emilio Bungur, Ante Gudić and Anđelko Botić as guards, with the following crime; that they had detained a large number of civilian persons, mostly of Serb ethnicity, in the "Lora" Military Investigative Centre in Split, in the period from March to September 1992, on suspicion that the Serb civilians had been involved in the enemy activities against the Republic of Croatia; the defendants had done it in cooperation with still unidentified persons, with no legal basis for such an act. The defendants were offending the detainees' human dignity, humiliating them, mistreated them both physically and mentally, tortured and physically punished them until the death of some of the detainees: Gojko Bulović and Nenad Knežević.

See the Indictment of the County State Attorney's Office in Split No. K-DO-131/01 of 25 March 2002 (in Croatian) here.

Read more about the modification of the Indictment of 13 February 2006 (in Croatian language) here.

TRIAL MONITORING REPORTS

Repeated trial:

The indictment was represented by Michelle Squiccimarro, the Deputy County Attorney from Split. The War Crime Council in the renewed procedure was comprised of judge Spomenka Tonković (the President of the Council), judge Ljiljana Stipišić (the Council member) and judge Damir Primorac (the Council member).

The trial was conducted from 20 September 2005 until 2 March 2006.

The documents below contain detailed trial monitoring reports written in Croatian language.

The defendant Josip Bikić surrendered himself to Croatian judiciary bodies. Following to that, the trial against him was reopened. In this trial, the War Crimes Council comprised: judge Neven Cambij, President of the Council, judges Marija Majić and Davor Svalina, Council Members.

Prosecution was represented by Michele Squiccimarro, Split County Deputy State's Attorney. 
Defence counsel for the defendant Bikić was the lawyer Željko Gulišija.

Report on the main hearing held in the reopened trial against the defendant Josip Bikić, you can read (in Croatian language) here.

Miljenko Bajić, who was on the run for six years, was found and arrested on 25 September 2010 in the hamlet of Bajići, his place of origin, located in the hinterland of Omiš. He was brought in to the prison in Split.

PRESS RELEASES

20 December 2005 Press release in respect of monitoring the war crime trial in the "Lora" case.

According to the notes taken by the monitors, judge Damir Primorac - the Council Member communicated nonverbally on several occasions toward defence counsel(s) on 23 November 2005. This is not customary in the court proceedings because it can be differently interpreted. We find that the wording: «A remark could be given in respect of the objectivity of Damir Primorac Council Member…»was over-hasty. In the analysis on key findings from our trial monitoring, published only recently, we did not interpret the noted behavior in such a manner. Therefore, in addition to the apology given to the judge Primorac, we changed the interpretation on our Web site. However, we still cautioned to the behavior which we observed. This can serve as a proof that video-recording war crime proceedings is very important.

• The monitor's assessment on 9 November 05

SUMMARY OF VERDICT

On 20 November 2002 the Split County Court presided by judge Slavko Lozina pronounced the verdict of acquittal dropping the charges against all eight defendants.

See the verdict (in Croatian) here.

The VSRH, in its Decision No. I Kž-259/03, of 25 March 2004, quashed the verdict of acquittal and reversed the case for a retrials.

On 2 March 2006, judge Spomenka Tonković, President of the War Crimes Council, pronounced a verdict, in which the accused Tomislav Duić, Tonči Vrkić, Davor Banić, Miljenko Bajić, Josip Bikić, Emilio Bungur, Ante Godić and Anđelko Botić, were found guilty and sentenced to 6 to 8 years of imprisonment with a right to appeal to higher-instance court, their custody was to be prolonged, for the criminal act of war crime against civilians perpetrated in the «Lora» Military Investigative Centre in Split from 12 June to September 1992.

• Defendant Tomislav Duić was sentenced to imprisonment in duration of 8 years.
• Defendant Tonči Vrkić was sentenced to prison sentence in duration of 8 years.
• Defendant Davor Banić was sentenced to prison sentence in duration of 7 years.
• Defendant Miljenko Bajić was sentenced to prison sentence in duration of 6 years.
• Defendant Josip Bikić was sentenced to prison sentence in duration of 6 years.
• Defendant Emilio Bungur was sentenced to prison sentence in duration of 6 years.
• Defendant Ante Gudić was sentenced to prison sentence in duration of 6 years.
• Defendant Anđelko Botić was sentenced to prison sentence in duration of 6 years.

The 2006 Verdict of the War Crimes Council of the Split County Court of 2 March 2006 see in Croatian language here.

On 17 May 2006, the appeal procedure was taken to the Supreme Court of the Republic of Croatia.

On 6 February 2007, the VSRH reached a verdict and passed a decision dismissing the appeals of defendants Tomislav Duić, Tonči Vrkić, Miljenko Bajić, Josip Bikić, Davor Banić, Emilo Bungur, Ante Gudić and Anđelko Botić, and also the State Attorney's appeal. The Court found them unfounded and upheld the first-instance verdict. The appeal by Anita Bikić, the defendant Josip Bikić's wife was rejected on the ground that it was untimely.

The Supreme Court's Decision of 6 February 2007 you can read (in Croatian) here.

After Josip Bikić, who was previously validly sentenced in absentia to 6 years in prison, surrendered himself, the procedure against him was re-opened. 
On 29 December 2009, the main hearing was conducted and the verdict was pronounced. The previous verdict was quashed in the sentencing part and the defendant Bikić received a prison sentence in the duration of 4 years.

You can read the 29 December 2009 Verdict (in Croatian) here.

Reopening of the trial was approved. 

The reopened trial was conducted on 14 May 2012. and the previous conviction was confirmed except for the section relating to the sentence and thus Bajić's sentence was changed 4 years and 6 months in prison, as was proposed by the county state attorney's office. Prior to this he had been sentenced to 6 years. 

Miljenko Bajić was arrested in September 2010. Reopening of trial was approved. Having conducted the reopened trial the previous judgment was confirmed with exception to the section on his sentence which was reduced. The new judgment sentences him to 4 years and 6 months in prison.  

OPINION OF THE MONITORING TEAM FOLLOWING THE CONCLUSION OF THE REPEATED CRIMINAL PROCEEDINGS

The repeated criminal proceedings against the defendant Tomislav Duić, Tonči Vrkić, Davor Banić, Miljenko Bajić, Josip Bikić, Emilio Bungur, Ante Gudić and Anđelko Botić for the war crime against civilians perpetrated in "Lora" military prison in 1992, was conducted correctly and in a professional manner. The modified indictment is deficient as it does not specify in detail which exact incriminations and charges were actually being pressed against the particular defendant.

Publicity of the trial was secured, atmosphere in the courtroom and security of witnesses and the defendants was satisfactory. Cooperation between the judiciary and the police of the Republic of Croatia, Serbia, and Bosnia and Herzegovina, on bringing the witnesses from Serbia and Bosnia and Herzegovina was functioning well and it represents a step forward into a new practice of war crime trials in the Republic of Croatia, which favours the process of obtaining the material truth and achieving justice for victims. 

However, witnesses for the prosecution from Croatia did not testify freely and they expressed fear due to pressure inflicted upon them outside the courtroom. One witness did not take the stand and one asked for a status of a protected witness. In the future, Croatian judiciary will have to improve the practice of support to the witnesses in the war crime trials, and if necessary, improve the practice of witness protection, especially for those witnesses living in Croatia.

This trial was characterized by peculiar behaviour of a few homeland war veterans who were exercising inadequate method of questioning and making comments, thus acting against the personal dignity of the witnesses. They were expressing their political opinion and judgments in the courtroom thus putting them above the values protected by the international humanitarian law, and in this way they did not contribute to the defence of the accused.

OPINION AFTER THE CONDUCTED REOPENED TRIAL AGAINST THE DEFENDANT JOSIP BIKIĆ

The War Crimes Council of the Split County Court conducted a re-opened trial against Josip Bikić, who was previously convicted by a final verdict, at only one main hearing session. The evidence was actually not presented but, with consent of the parties in the procedure, their reading was only stated in the court records.

We did not observe any omissions in the conduct of the main hearing.

In the re-opened trial the defendant received a prison sentence in the duration of 4 years instead of the previously pronounced 6 years. A very low sentence pronounced in the previous procedure and the newly established mitigating circumstances resulted in the pronouncement of a sentence which was below the minimum sentence stipulated for the subject criminal act.

Severe consequences of the defendant's actions (death of two persons), despite his voluntary surrender, a guilty plea and remorse, do not justify the pronouncement of a sentence which is below the minimum sentence stipulated for a war crime against civilians.

Explanation

Upon request by the convict Josip Bikić, who turned himself to Croatian authorities in November 2008, the decision of the Extra-Trial Council of the Split County Court No. Kv-398/09 of 5 October 2009 permitted the renewal of criminal proceedings and the case was reversed to the main hearing stage.

Initially, in November 2002 all eight defendants (Tomislav Duić, Tonči Vrkić, Miljenko Bajić, Josip Bikić, Davor Banić, Emilio Bungur, Ante Gudić and Anđelko Botić) were acquitted of charges by a verdict of the Split County Court Council presided over by judge Slavko Lozina. The defendants were charged that they abused civilians detained at the Military-Investigating Centre "Lora", tortured them and physically punished them, even killing two civilians and, by doing so, that they committed a war crime against civilians.

After the VSRH quashed the acquitting verdict in March 2004 and ordered the trial to be repeated before a completely different council of the first-instance court, during the repeated trial all defendants were found guilty on 2 March 2006 and received prison sentences in the range between 6 and 8 years.

In February 2007, the VSRH fully upheld the aforementioned verdict.

After the defendant voluntarily turned himself in on 18 November 2008 and started serving the sentence, he filed a request for renewal of the proceedings through his defence counsel in which he stated that the trial had been conducted in his absence, that he had not been aware of the existence of a legally valid verdict and that, as soon as he had learned about it, he immediately turned himself in to prosecution bodies.

During the re-opened trial, he fully confessed the commission of the act, as charged by the indictment. He exercised his legal right not to present defence or provide answers to possible questions.

After the conducted evidence procedure, on 29 December 2009 a verdict was pronounced which quashed the final verdict of the Split County Court No. K-93/04 of 28 February and 2 March 2006. That verdict had been fully upheld by the verdict and ruling of the VSRH No. I Kž-456/06-13 of 6 February 2007 in a section pertaining to the decision on criminal sanction for the defendant Bikić. Thus, by way of applying the provisions on sentence mitigation, he was pronounced a prison sentence in the duration of 4 years.

The Court explained its decision on sentence reduction with essentially different facts pertaining to the existence of mitigating circumstances on behalf of the defendant concerning the situation established with that regard in the previous trial. The Court in the re-opened trial found those mitigating circumstances in the defendant's voluntary surrender and departure to serve a prison sentence, confession that he had committed the criminal act in question, as well as his sincere remorse and regret. Furthermore, it was stated that, according to the standpoint of the Croatian courts and particularly of the ICTY, confession of a criminal act is particularly highly regarded as a mitigating circumstance which plays an important role with regard to selection of type and length of sentence. It also plays an important role at a later stage, with regard to possible decision on conditional release.

According to the information at our disposal, no appeals were lodged against the verdict of the War Crimes Council of the Split County Court dated 29 December 2009 thus, upon expiry of the appellate deadline, it became final.

The defendant Bikić was sentenced to 6 years in prison. It was proven that, as a member of the 72^nd Military Police battalion, together with other convicts, the defendant participated in the beating of Nenad Knežević and Gojko Bulović who died as the result of sustained injuries. The defendant Bikić was at large, thus he was tried in absentia, as well as the defendants Tomislav Duić, Miljenko Bajić and Emilio Bungur.

The defendant had previously presented his defence only once, before the investigating judge of the Split County Court. On that occasion he stated that he was a member of the 72^nd military police battalion and that his job was to intervene if HV members were violating public peace and order. He allowed a possibility that on several occasions he took offenders to the prison gate, but he never entered the prison yard or the prison building itself and he had no information about the existence of a certain "C" block. In the remaining part of his defence, he denied that he had ever abused anyone in the prison.

Zločin u Lori - Izvještaji s rasprava

Zločin u Lori - Sažetak izvještaja s rasprava

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