Prosecutor v. M.H.
| Court |
District Court of Osijek, Croatia (Hrvatska) |
| Case number |
K-64/97-53 |
| Decision title |
Verdict |
| Decision date |
25 June 1997 |
| Parties |
|
| Categories |
Crimes against humanity, Genocide |
| Keywords |
genocide, Branjina, Former Yugoslavia |
| Links |
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back to topSummary
The accused M.H. was a Croatian Serb who backed up the occupation of the village of Branjina (eastern Croatia) by the Yugoslav National Army (JNA) as part of paramilitary forces. As a member of the Territorial Defense (TO) in the village, he had absolute authority. The District Court of Osijek found him to be guilty of crimes against humanity and war crimes and sentenced him to five years of imprisonment in accordance with article 119 of the Basic Criminal Law of the Republic of Croatia.
back to topProcedural history
The District Court in Osijek brought charges against M.H. on 23 November 1995. M.H. was extradited from Germany to Croatia on 5 March 1997.
back to topLegally relevant facts
In the second half of August 1991, the village of Branjina (eastern Croatia) was occupied by the paramilitary forces of the Yugoslav National Army (JNA) backed up by paramilitary forces from Serbia. M. H. organized the headquarters of the Territorial Defense (TO) in the village and as one of its members took all the authority in his hands, aiming to drive out the Croats from the village and make Branjina an ethnically cleansed Serb village. The TO Headquarters had the absolute authority in the village as all actions had to receive its consent, order or approval.
back to topCore legal questions
- Has the accused, M.H., has committed crimes against humanity and genocide in the relevant period in the village of Branjina as a member of the Territorial Defense?
back to topSpecific legal rules and provisions
Basic Criminal Law of Croatia:
- Article 45 (time spent in pre-trial detention).
- Article 119.
Law on Criminal Procedure of Croatia:
- Article 90 (costs of criminal procedure).
back to topCourt's holding and analysis
The District Court ruled that the accused M.H. had performed crimes against humanity and genocide as set out in article 119 of the Basic Criminal Law of the Republic of Croatia and sentenced him to five years of imprisonment. As a result of his and the actions of the TO, 222 persons were expelled from the village of Branjina, 215 of them being Croats. (p. 9) These actions included, among several, introducing identity cards for the Croats with the purpose of constricting their movement, psychological and physical torture, forcing the farmers to join the paramilitary forces, forced labour, looting, expelling Croatian families under the threat of killing them, forcing the Croats to sign papers handing over their property to the paramilitary bodies and others.
back to topInstruments cited
- Republic of Croatia, Basic Criminal Law of the Republic of Croatia.
- Republic of Croatia, Law on Criminal Procedure.
