Press release on non-prosecuted crimes committed during and immediately after the military operation „Storm“
On the occasion of rendering a first-instance judgment by the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Gotovina, Čermak and Markač case, we would like to warn about the difficult legacy of non-prosecuted crimes committed during and immediately after the military operation „Storm“.
The „Storm“ operation definitely crushed the rebellion of a part of Serb population in Croatia and, thereby, shattered the self-proclaimed Republic of Srpska Krajina („the RSK“). Through that operation, the constitutional order of the Republic of Croatia was restored in that area. Likewise, continental traffic routes between the South and the North of Croatia were restored. Thus, security preconditions were established for life in the areas bordering with „the RSK“, as well as for the exercise of the right of displaced persons, expelled from that area, to return to their homes.
At the same time, one also has to bear in mind those consequences of this action personified by arsons and lootings and numerous non-punished, even systematically covert killings of civilians. Researches conducted by the Croatian Helsinki Committee indicated that in August and September of 1995, during and after the completion of military activities, more than 600 civilians were killed and more than 22,000 houses were burned down on the territory that was re-integrated through this action. Out of fear for their personal safety, as well as at the urging of Krajina authorities, more than 150,000 former Croatian inhabitants, mostly Serbs, abandoned Croatia at that time. Their return was rendered difficult due to lack of security measures and law-based state on that part of Croatian territory, belated prosecution of war crimes, inefficient return programmes and slow economic measures by the state related to reconstruction incentives. The synergy of the above-mentioned elements resulted in permanent displacement of the Serb population from one fifth of the Croatian territory, to the extent, the effects of which border on ethnic cleansing.
We would like to remind on some of non-prosecuted crimes well-known to the public:
- At least 10 civilians were killed on
6 August 1995 during the military and police
action „Storm“ in
the village of Golubić near Knin. The crimes were not prosecuted.
- The killings of at least five
civilians in Mokro Polje (Knin) began on 6 August
during the „Storm“
action and continued after the completion of military activities. The
crimes were not prosecuted.- Between 7 and 8 August 1995, in the
attacks on a refugee column between Glina
and Dvor, several dozens
of civilians from the municipalities of Glina, Topusko,
Gvozd and
Vojnić were killed. The crimes were not prosecuted.
- Nine civilians were killed on 12
August 1995 in the village of Komić (Korenica).
The crimes were not
prosecuted.
- On 25 August 1995, six civilians were
killed in the village of Grubori (Knin). After the systematic covert
of crimes, of which several persons testified before the
ICTY, on 15
December 2010 the Zagreb County State Attorney's Office (the
ŽDO)
issued the indictment against three Croatian citizens, F. D. (1963),
B. K.
(1957) and I. B. (1973), charging them with commission of a
war crime against
civilians under Article 120, paragraph 1 of the
Basic Criminal Law of the Republic Of Croatia.
- On 27 August 1995, around 16,00
hours, seven civilians were killed in the village
of Gošić
(Kistanje). The Zadar ŽDO issued the indictment No. KT-83/96 of 13
February 1996 but, due to lack of hard evidence, the proceedings were
reversed
to the investigation stage against unknown perpetrators.
- According to the HHO Report, during
the military and police action „Storm“ up
until the end of 1995,
a total of 14 civilians were registered as killed in the village
of
Kijani (Gračac), among them there were nine women. The crimes were
not
prosecuted
- On 28 September 1995, around 17,00 – 17,30 hours, nine civilians were killed in the village of Varivode (Kistanje). Six members of Croatian police forces were accused of committing this crime, but after the proceedings conducted before the Zadar County Court and the repeated trial at the Šibenik County Court, the defendants were acquitted of charges, whereby the investigation was reversed at the beginning, against unknown perpetrators. Even eight years after the proceedings before the Šibenik Court were completed, there is no new information available, nor have the perpetrators of this crime been prosecuted.
By providing these examples, we would like to remind the public and relevant governmental institutions of the fact that those crimes were committed and that no-one was held responsible for them. We also want to draw attention to the non-fulfilled obligation to identify and prosecute perpetrators of war crime against civilians. Prosecution of war crimes must be carried out in a consistent manner, regardless of who the perpetrator and who the victim is, because a crime, irrespective of its motivation, has neither a nation nor a religion, but only the characteristics of evil and, therefore, cannot be justified, just as its non-prosecution cannot be justified, either.
Likewise, bearing in mind the fact that families of killed persons, who filed a lawsuit against the RC seeking compensation of damages, live under threat of distraint due to possible payment of litigation expenses (in 29 proceedings that we are familiar with, they are threatened with the obligation to pay expenses amounting to HRK 5,000 up to 90,900), we would also like to remind competent institutions on their obligation to provide just redress to all sufferers and all victims' families.
With regard to the forthcoming judgment of the ICTY in Gotovina, Čermak and Markač case, we would like to remind that the indictment IT 06/90, depicting the defendants as participants in a joint criminal enterprise who are individually criminallyresponsible (omission by a superior officer), charges them with persecutions, deportations and forcible removals, plundering of public or private property, wanton destruction, inhumane and cruel actions, as well as failure to react to the crimes committed at lower levels: that includes killing of civilians in the municipalities of Knin (the villages of Kovačić, Đurići, Žagrović, Grubori), Orlić (the villages of Orlić, Šarena Jezera/Vrbnik, Uzdolje), Kistanje (the village of Kakanj), Ervenik (the village of Oton) and Donji Lapac (the village of Oraovac).
The Republic of Croatia gave strong support to the Court's establishment and incorporated the Court's Statute in its domestic legislation, so that the Court's decisions constitute an integral part of Croatia's legislation and therefore must be respected. Regardless of the contents of the firstinstance judgment, we would like to call upon peaceful and dignified acceptance of the ICTY trial chamber's decision.
Vesna Teršelič, Documenta, Zagreb
Katarina Kruhonja, Centar za mir, nenasilje i ljudska prava Osijek
Zoran Pusić, Građanski odbor za ljudska prava, Zagreb
Gordan Bosanac, Centar za mirovne studije, Zagreb
Nela Pamuković, Centar za žene žrtve rata, Zagreb
Mirjana Bilopavović, Delfin, Pakrac
Mirjana Kučer, Domine, Split
Sanja Sarnavka, B.a.B.e., Zagreb
Mario Mažić, Inicijativa mladih za ljudska prava, Hrvatska
Sanja Sarnavka, Kuća ljudskih prava Zagreb
Biserka Momčinović, Centar za građanske inicijative, Poreč
Ivo Škorić, Mreža za kulturnu suradnju i pomirenje - Rakun
Zdeka Pantić, Rehabilitacijski centar za stres i traumu, Zagreb
Emina Bužinkić, Mreža mladih Hrvatske, Zagreb
Marica Šeatović, Udruženje porodica "Protiv zaborava", Zagreb
Srđan Antić, Nansen Dijalog Centar, Osijek
Semina Lončar, CERD, Split
Mirjana Galo, HOMO, Pula
Vesna Kesić, GONG
Drago Pilsel, Zagreb
Ljiljana Gherecke, Vukovar
Ana Kvesić, Vukovar
Priopćenje o neprocesuiranim zločinima u tijeku i neposredno nakon VRA "Oluja"
