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Screams
and Cries
Prison camp Lora and the trial of the Lora 8
by Gregory Elich
December 2, 2002
[Ed. This article depicts some very graphic acts of torture in its first
part. These acts are truly violent. The second part of the article deals
with how justice was kept under the radar screen by the western media
and became a travesty.]
Sometimes beauty can be a mask for horror. The ancient and lovely city
of Split, located along the Adriatic coast, possesses such charm that
it is difficult to imagine that unspeakable crimes were committed there.
Nor could one guess that a momentous trial has just concluded there, given
the cloak of invisibility given it by Western reporters. Eight former
guards at the Lora prison camp stood trial, charged with murder and torture.
Lora has much to say to us about the nature of human rights issues in
the West.
Why do some cases merit obsessive attention, while others evoke complete
disinterest? Certainly it cannot be argued that attention was undeserved,
for Lora was remarkable from every standpoint. What took place at Prison
Camp Lora defies understanding and must rank among the most disturbing
examples of inhumanity. The trial itself was caught in a whirlwind of
drama and controversy, where mere words became a matter of life and death.
A few brave souls found extraordinary courage and spoke out, knowing that
by doing so they might die. Yet in the West, the name of Lora remains
a cipher.
Prison camp Lora was situated in the former Yugoslav naval compound in
Split. Once Yugoslav Federal forces were forced to withdraw during Croatia's
violent war of secession in 1991, the Lora compound was seized by secessionist
forces and the following year a prison camp was established on its grounds.
In those days President Franjo Tudjman of Croatia and the ruling Croatian
Democratic Union (HDZ) manifested an extreme retrograde nationalism and
saw no place in an independent Croatia for minorities or dissent. In towns
and villages throughout Croatia, people were thrown out of their jobs,
intimidated and driven from their homes. In the first two years of independence
alone, over 10,000 homes were dynamited, primarily those belonging to
Serbs but also homes belonging to Croat dissidents. In some cases, houses
were blown up while the occupants were inside. The mayor of Split was
an enthusiastic proponent of the concept of a "pure" state and
Serbian residents were systematically threatened and tossed out of their
homes.
Likewise, Croatian residents who opposed the HDZ were imperiled in the
same manner. And it wasn't only opponents of the HDZ who lived in fear.
For ordinary apolitical Croats it was dangerous even to be seen near a
Serb neighbor, which others might interpret as association. "Everyone
else knew what was going on," remembers a former prisoner at Lora
speaking of life in Split before his arrest. "They literally ran
away from us in the street." Many unfortunates were incarcerated
in Prison Camp Lora, while others fell victim to immediate violence. Over
550 cases of such violence were recorded in Split, although the true total
is certainly far higher. The first murders were not long in coming. A
Croatian couple, Djordje and Vesna Gasparevic, early victims in this campaign
of purification, were threatened over the course of several months for
their lack of support for the HDZ. Then one day in February 1992 soldiers
burst into the Gasparevic apartment and abducted them; their bodies were
later found atop a garbage dump in the nearby town of Zrnovnica.
Another incident occurred in August 1992 when military police pushed
their way into the home of another Croatian resident, Djordje Katic, and
hauled him off to Lora where he was subjected to torture. Nenad Knezevic,
of Serbian ethnicity, fared worse. Dragged from his home to the local
jail, he was beaten so severely that his entrails were turned into pulp
and he died later that same day. The wave of arrests and violence was
soon followed by a series of bombings. Nightclubs, restaurants, cafes,
houses and office buildings belonging to Serbs, Croat opposition and even
mere business competitors were blown up over the course of a two-year
period beginning in 1992.
On April 27, 1994, special police force officers blocked roads leading
to the Mississippi nightclub and then proceeded to demolish the interior.
One of the nightclub's guards was taken to Special Forces headquarters
where he was beaten and then later dumped from a moving car. The next
month Croatian soldiers entered the Song Café and after ejecting
the customers thoroughly demolished the premises. The Stefanel Restaurant
suffered extensive damage when it was hit by an explosion in August 1992.
Nearly one year later, on May 5, 1993, the Stefanel Restaurant was once
again bombed, and on this occasion the force of the blast was so powerful
that several nearby apartments were damaged. Stefanel's owner, Miro Bogdanovic,
was targeted for having the temerity to belong to an opposition party
called Dalmatian Action. In 1994 he and eight other party members were
arrested, but managed to be acquitted, he says, "only thanks to the
courage of Judge Dukic." Over the next three years Bogdanovic was
routinely beaten and threatened by members of the Croatian Defense Forces
(HOS), an extreme fascist paramilitary organization clad in black uniforms.
Not once did local police take an interest in locating the culprits. In
1997 Bogdanovic was blackmailed and threatened by soldiers and he watched
with dismay when the police arrived as they shook hands with his blackmailers.
Later that evening, the soldiers returned once again and beat Bogdanovic
up. Then a few days later his car was stolen. As a result of the beatings
inflicted on him over the years, Bogdanovic is today disabled with severely
damaged kidneys and dependent on dialysis. In 2000, Bogdanovic published
an open letter to the mayor of Split, asking him to apologize to all the
"victims of terrorism in 1991 and 1992." In his open letter
Bogdanovic declared, "All those residents of Split who had any sort
of Serb origin, or as 'pure' Croats were not supporting HDZ nationalism,
became persons exposed to public scorn. Individuals were allowed to maltreat
them, bomb their houses and property, liquidate them and never be held
responsible for any of these acts." (1)
As extremists in Split were forcibly removing "undesirable"
persons from their homes, the Dalmatian Committee for Human Rights attempted
to offer assistance to the victims. Its president, Tonci Majic, is a rare
example of the type of human rights worker almost entirely unknown in
the West: one who challenges rather than serves the powerful, and one
who puts his life on the line to defend victims. Often himself the target
of threats, Majic met with violence on February 2, 1994. On that day,
HOS black shirts broke into the home of Slovenka Marinkovic, who lived
alone with her two daughters. As soon as Majic arrived and tried to block
the eviction, he was threatened and insulted. A difficult two and a half
hours passed before two military policemen and additional HOS paramilitary
soldiers arrived. A struggle ensued as a neighbor attempted to strike
Marinkovic. Majic intervened and was clubbed and his nose broken. A paramilitary
soldier seized Majic by the hair and started shaking him. Majic fell to
the floor, and several soldiers started kicking him and until he "started
bleeding profusely." As he was dragged outside he observed that "civil
and military policemen watched all this without even trying to intervene
or stop them." Majic and Marinkovic were taken for interrogation
and afterwards they returned to her flat. When they rang the bell of Marinkovic's
home, a woman in a black uniform answered the door and started screaming
that this was now a fascist flat. HOS soldiers came running and yelled
that they would cut their throats if they ever appeared in the building
again. A paramilitary soldier ended the matter by clubbing Majic with
a gun, causing a concussion. (2)
'They Threatened to Kill Us All'
The destination for many of Split's "undesirables" was Prison
Camp Lora. Prisoners of war were also delivered there, as were civilians
from elsewhere in Croatia and Bosnia-Herzegovina. Prisoners generally
tended to be shuffled from one camp to another, so the time spent at Lora
varied from one person to the next. For many, it was the last stop, for
not all survived the experience. The names of surviving prisoners have
been withheld from several public sources of documentation, although the
names are on file. Out of respect for the privacy of the survivors and
because many still live under the threat of death, I have followed this
practice where the names are known to me. (3)
Survivors universally attest that they were beaten the moment they arrived
at Lora. Newly arrived prisoners were stripped of valuables and then forced
to run a gauntlet until clubbed into unconsciousness. One former prisoner
relates a typical story. As he stepped off the truck he saw a line of
Croatian soldiers waiting, armed with batons, pieces of wood and electrical
conductors. "They kicked me mercilessly while I passed through the
line," he recalled. A 48 year-old lawyer saw Croatian military policemen
holding "wooden and rubber batons and pieces of plumbing pipes,"
beating the newly arrived prisoners as they passed through the gauntlet
until they fainted. Another prisoner remembers that as they descended
from the truck one by one, they were "met by Croatian policemen and
beaten up. In front of me, at some three meters, was Petar Spremo. One
Croat soldier hit him hard on the head with the handle of a pistol and
from a kick he fell and hit his temple on the sidewalk, after which he
remained laying there immobile. I did not see him after that. That same
soldier also hit me strongly with the pistol handle on my head, from which
my skull was cracked in four places and I was covered in blood."
Petar Spremo fell into a coma and a died a few days later. As they savagely
beat the prisoners, the policemen shouted curses and insults. "They
threatened to kill us all," said one former prisoner.
Some prisoners were greeted with a variation of this welcome. "They
lined us up against the wall and ordered us to raise our hands in the
air," recalls one survivor. "Each prisoner would be hit. They
kicked us with boots, fists, batons, pieces of metal pipes, etc. Most
of us could not support this and stand on our feet so we fell down and
the policemen kicked us with boots and stepped on us." A captured
Yugoslav People's Army (JNA) reserve soldier describes his arrival at
Lora in May 1992. "First they searched us naked, interrogated us
for a short time, and then they lined us against a wall so that we were
touching the wall with our nose and toes while holding our hands up in
the air. Then one policeman by the name of Andjelko Botic hit us with
a baton on the head and down to the waist, and the other one, named Gudic,
from the waist down. They were hitting us in a very cruel manner so that
they broke two batons, and one was broken on me. When the two of them
became exhausted, another one would join them. They let the music play
very loud in order to hide our screams, but in spite of this the whole
building echoed with our screams because the pain was terrible. They all
dressed in Ustasha uniforms bearing the Ustasha insignia." The Ustashe
was the pro-Nazi regime that governed the World War II era puppet state
of Croatia. Serbs, Jews, Roma and communists were murdered by the hundreds
of thousands by Ustasha soldiers throughout Croatia and Bosnia and in
concentration camps. The paramilitary HOS most openly adopted the symbols
and ideology of its pro-Nazi predecessors, and the worst elements within
the Croatian military and the ruling HDZ all the way up to President Franjo
Tudjman frequently expressed admiration for and styled themselves after
the Ustashe.
Prisoners at Lora were housed in three blocks. According to one prisoner,
"We were divided into several categories. I was in Block A where
my soldiers were placed, pilots and reserve soldiers. In Block C there
was extremely cruel treatment because the volunteers were there and the
reserve soldiers of the former JNA. Prisoners from this block were not
shown to the representatives of the International Red Cross. When the
team of the International Red Cross was coming, prisoners from Block C
who were beaten the most would be hidden in special bunkers situated in
front of the prison and close to the sea." The physical environment
and supply of food varied from one block to another and from one period
to another. In no case were conditions other than exceedingly harsh. All
prisoners were forced to endure torture, humiliation and deprivation,
but those housed in Block C were singled out for the cruelest treatment.
A 62-year old retiree who was wounded when Croat soldiers raided his
village spent two months in Lora. "During that time I slept on the
bare floor without any cover or blanket. We received food only once per
day, a piece of bread no bigger than 50 grams and most often some liver
paste." A 39 year old civilian who was taken prisoner in 1992 felt
that "Croatian policemen especially tortured us with food and water.
They would give us some water only every third or fourth day and this
was only 1.5 liters of water. At the time of my detention in Lora we would
be given once per day only a few spoonfuls of warm water and a small slice
of bread, not bigger than a box of matches. We had to eat that food in
two minutes, and if someone would fail to do so, he was terribly beaten."
Another man captured in 1992 remembers, "When I arrived at the prison
cell I found there only one wet blanket and I was in a hospital pajama.
We were given as food only some leftovers placed in a nylon bag thrown
into our cell through the bars on the door, the guard saying, "Eat,
you Serbian pigs." The experience of a civilian taken from his home
in Split was no better. "They scarcely fed us while I was in Lora,
and we did not even get food every day. I got water rarely, as well as
food. Every five or seven days they gave us a plastic 1.5 liter bottle
to share among five of us." When prisoners asked to be taken to the
toilet, "this request was sometimes granted and sometimes not, so
that we had to urinate inside the cells. Sometimes we were so thirsty
that we had to drink our own urine." According to a man taken prisoner
late in the war, "We could not keep regular hygiene. We had difficulties
with physiological needs, because there was one WC toilet seat and we
had to stand in queue and wait and suffer." Occasionally the prisoners
would be given a bath when the guards would turn fire hoses on them. This
"pouring of strong jets of water over us," a former prisoner
relates, "was not for cleanliness but for torture. From time to time
they prevented us from having a bowel movement on a regular and normal
basis because they would not allow us into the toilet, so we had to relieve
ourselves in the cell, into a Coca Cola bottle or into a towel. When they
would find out, they would beat us all."
In the charged political atmosphere of Tudjman's Croatia, Serbs were
reviled as inferior and uncivilized. This attitude resonated among those
possessing authoritarian personality traits, and such men formed a disproportionate
share of those who joined the ranks of the military police. Furthermore,
the commandant of Lora intentionally selected the most right-wing extremists
as guards and often invited HOS black shirts as guests for the purpose
of participating in torture. Several authoritarian personality traits
lend themselves to an increased willingness to engage in torture, given
the right set of circumstances. These include blind obedience to authority,
admiration for power, hatred and racism against officially acceptable
target groups, over-simplified thinking and ethnocentrism. There is also
a natural psychological tendency for guards to take on hostile attitudes
towards their prisoners. For some guards, it may have been enough that
torture was encouraged by figures in positions of authority. As Yale psychologist
Stanley Milgram's experiments in the early 1960s demonstrated, a surprisingly
large percentage of ordinary persons would willingly inflict pain on a
helpless person given the guidance and presence of a perceived "authority"
figure. In Milgram's experiment, subjects were instructed to administer
shocks through a control panel to an unseen person in another room when
he answered questions incorrectly. The subjects were led to believe that
they were participating in a study to determine the efficacy of punishment
in the learning process. In reality, the purpose of the study was to measure
the willingness of persons to inflict pain given the approval of authority.
The person in the unseen room was an actor who merely played the role
of someone who was connected to receive electrical shocks. The experimenter
gently encouraged the subjects to increase the power of the electrical
shocks for each wrong answer. As the levels increased, the actor began
to shout. Although some subjects objected, they nevertheless continued
to escalate the level of shocks when the experimenter told them it was
necessary to do so. All of the subjects persisted to the level identified
as "300 volts intense shock," at which point the actor was screaming
and kicking the wall. Some quit after this level, but far more continued
to the next levels, labelled "Extreme intensity shock" and "Danger
severe shock." Depressingly, 65 percent of the subjects continued
to the highest level, alarmingly labelled only "XXX," at which
point the actor made no noises at all, not even responding to questions.
These subjects dutifully continued applying punishment because the actor's
apparent unconsciousness was also a failure to answer questions correctly.
The presence of the experimenter in lab coat as a symbol of authority
was important. In one variation, when the experimenter left the room,
full compliance dropped from 65 percent down to 21 percent. Given this
potent combination of factors in a general societal environment where
an authoritarian ruling party overtly expressed its national chauvinism,
it is not surprising that prisoners of the "wrong" ethnicity
would receive brutal treatment. The deliberate degradation of the prisoners
at Lora served to reinforce the contempt that many of the guards felt
towards the prisoners. Although many guards at Lora clearly possessed
a sadistic personality disorder and sought out opportunities for the expression
of their sickness, this was not the case for every guard. For those less
driven to inflict pain, the deliberate degradation of the prisoners served
an important function. If the prisoners were forced to endure filthy circumstances
in their cells, denied opportunities for bathing and normal hygiene and
forced to relieve themselves in their cells, then this degradation reinforced
the racist and chauvinistic stereotypes that lessened the inhibition to
torture and brutalize them. Such conditions helped to create an environment
conducive for beatings and torture.
At Lora, brutality was a daily experience. M.K. was arrested at his home
in Split on August 19, 1992, and taken to Lora where two military policemen
interrogated him. "After my every reply, the three policemen hit
me with hands on the head, pulled at my earlobes, twisted them, twisted
my head, strangled me by holding my neck, hit with hands on my sides,
kicked with their feet, raised from the seat by pulling me up by my earlobes
and neck muscles, all followed by screams and curses. This beating lasted
for over two hours." He was then taken some distance away to a house
surrounded by a wire fence where about ten soldiers were waiting for him,
greeting him with loud curses. "This is an Ustashe jail," one
of them yelled. "You can go from here only back to your momma's hole."
"In that room they beat me as they wished," M.K. recalled. A
policeman "ordered that an inductor telephone be brought. They were
ordered to tie my hands using live wires from the phone. They gave him
the phone and he spun it as fast as he could. The electrical shocks delivered
by the phone sent me into painful convulsions and made me fall off the
chair. The men there laughed, threatened and slapped me." Next the
guards screamed at M.K. and hit "with hands with full force over
both ears at the same time. That caused terrible pain and ruptured my
eardrum. After that they hit me with a club on my knees and joints."
A policeman took out a gun and threatened to kill M.K. and the prisoner
was taken outside and stripped naked. "I crawled into the yard on
all fours because I could not walk anymore. They kicked me and then pushed
me against a wall and placed the barrel of a gun on my forehead. They
were screaming and cursing all the time. I was only waiting for death
and the end of my suffering."
Another former prisoner recalls, "They beat us either in the corridor
or in the prison camp circle throughout the day, but mostly at night when
it was dark. That happened every day while we were imprisoned at this
camp. Their specialty was to take us into one room where they would pour
water over us and then would place clamps connected with a cable of an
inductor telephone on our ear and the other one on the sexual organ, and
by turning the handle would send electricity through our bodies."
A middle-aged lawyer detained at Lora for nearly one year from May 1995
to well after the war in April 1996 confirmed that conditions had not
improved since the beginning of the war. "In Lora they forced us
every day to enter doghouses and to bark" and afterwards "forced
us to sing the Croat national anthem and Ustasha songs. They forced us
to hit each other with open hands and fists and kick each other as hard
as we could. I also remember that they forced us to eat live snails and
to eat some worms and maggots." Throughout the entire period of his
imprisonment he heard "constant screams and cries of imprisoned Serbs,
especially after the fall of Knin." Knin was the capital of the Krajina
region which had a majority Serbian population. In August 1995, Croatian
troops launched Operation Storm and drove out virtually every Serb from
the region, over 200,000 in all. Those who stayed behind were generally
slaughtered or sent to prison camps. Operation Storm received the full
backing of the United States, which not only gave the green light for
the invasion, but also supplied weapons and training to Croatian troops.
U.S. warplanes opened Operation Storm by bombing Serbian radar stations
and anti-aircraft batteries, allowing Croatian planes to bomb and strafe
columns of fleeing refugees with abandon. American electronic aircraft
disrupted and jammed Krajina Serb military communications. (4) "At
that time," the lawyer continues, "they were bringing in captured
Serbs from Knin and its vicinity and they tortured them terribly. On one
occasion I saw one captured Serbian soldier who was terribly beaten up
by the Croat policemen so his testicles were swollen down to his knees,
and I also saw one soldier whose left leg was broken by the Croat policemen."
Another prisoner recalls the abuse received by Serbian soldiers captured
during Operation Storm. "Very often groups of captured Serbian soldiers
from Knin and the vicinity were brought to the prison and were terribly
beaten. I saw several times these soldiers so much beaten up that they
could no longer move and that they were from head to foot all bruised,
swollen and bloody. On one occasion, I think it was in August 1995, after
the fall of Knin, they showed us an arrested Serb whose name was Milos
and he was terribly beaten. They ordered Milos to take off his underwear
so we could see that his body was all blue with the bruises and traces
of hits with different objects. Milos was completely immobile, swollen
and covered in blood."
A soldier of the Army of the Republic of Serbian Krajina captured during
Operation Storm survived to tell of his experiences at Lora. "Torture
in Lora was such that the guards were catching live frogs, placing them
in our mouths and forcing us to eat them. It was well known that the one
who failed to eat the frog would be in disgrace. The disgrace would be,
for example, tying me in chains for a month with the hands up in the air
while seated on a stone. They would tie a rope so that they placed a loop
around my testicles and then they would let me hang. They beat me terribly.
When I would ask for some water they would pour one kilogram of salt into
the water so we had to drink it." He also was connected to the induction
telephone and tortured with electrical current. "I have forgotten
the names of the people who tortured me but I can still see their faces
every night in my nightmares. I escaped from the camp by asking one night
to go to the toilet and when the guard took me out I succeeded in jumping
over the wall and swimming up to the UNPROFOR [United Nations Protection
Force, primarily NATO troops] unit, which took a deposition from me and
then returned me to Lora again. After UNPROFOR troops returned him to
Lora, the prisoner was singled out for especially brutal treatment. "Then
it became unimportant to me whether they would kill me or not." During
his imprisonment he lost over half of his body weight. "I was psychologically
completely destroyed," he concludes.
A Serbian civilian taken with several others from their homes in Kupres
spent only three days in Lora, but witnessed a lifetime of sorrow. "Life
in Lora was insufferable. In the room in which we were detained Croat
soldiers would enter every night with knives in their hands, threatening
to slaughter us all. On such occasions they would ask for volunteers and
after taking them out shots could be heard. I also heard that they were
taking people out and were slaughtering them. I could hear their screams
and cries and noises like when the throat is being cut. They told us all
the time that they will kill us all. They took us out into the circle
of the prison camp and forced us to move on our knees over crushed stone,
ordering us to enter the doghouses and bark like dogs. During those three
days of detention in Lora they did not give us any food to eat nor did
they give us any water to drink, but we were subjected all the time to
terrible torture."
A former prisoner states, "In our block there were no death cases,
but we constantly heard the screams from Block C and one night I saw some
prisoners making coffins. I do not know who was killed and how many they
were, but the guards were boasting that they had killed some persons from
Serbia who were members of the White Eagles." Another ex-prisoner
says, "We were also often forced to clean up and wash the blood that
was in the corridors, on the walls and on the floors, so this was also
a sign that there were liquidations in the prison camp. I cleaned up the
blood several times. On one occasion I did not clean well the blood from
the floor, because I could not bend down from the beatings that I suffered
myself, so the wife of [camp commander] Toma Dujic came by and forced
me to lick all the blood from the floor. On another occasion when I was
taken out of solitary for the purpose of cleaning the blood, I saw that
they were trying to place one large and tall man whom they had slaughtered
into a black bag which was especially made for the dead. They were cutting
up the body with a saw-ax into two parts and they placed the parts into
that bag."
The political philosophy held by many of the guards revealed itself in
their demands. Prisoner after prisoner relates experiences similar to
that of a civilian taken from Posavina, Bosnia. "For entire days
on end we had to sing Ustasha songs which glorified their leaders, and
also songs insulting Serbs. They appointed me as the oldest in the cell,
when an Ustasha would enter and after we would all stand up, to raise
my arm first and salute in the Ustasha manner with [the Ustasha slogan]
"For homeland, ready," and the others would have to respond
in unison, "Ready!" A civilian prisoner from Kupres confirmed,
"They forced us to sing Ustasha songs such as "Here comes the
dawn, here comes the day," then to salute a picture of [Ustasha leader
Ante] Pavelic, and to salute their policemen with our raised arms and
the words, "For homeland, ready!" Another prisoner recalls that
Ustasha songs were played over the camp loudspeakers throughout the day.
D.T. suffered nightmarish treatment. "Besides these incessant beatings,
they tortured me with electric shocks from an inductor phone. They would
put one live wire in my earlobe by piercing the ear and pushing the wire
through. The other wire they attached to my penis and they would deliver
shocks like that. They forced us to slap each other until one of us would
faint." D.T. shared a cell with a priest, Z.P. "Father P. and
I were forced to give each other blow jobs. We had to do that while attached
to the phone inductor, so that they delivered electric shocks and beat
us at the same time. During all of these beatings I had nine ribs broken
on both sides, and I do not know when that actually happened." D.T.'s
brother G. was also imprisoned in Lora, and his experience was just as
bitter. "They beat us incessantly in Lora. When they got tired of
hitting us, they forced us to hit each other. If one of us would not hit
as hard as possible then they forced other prisoners to hit him as hard
as possible. They forced us to perform unnatural sexual acts and perform
fellatio on each other. One day they brought Father Z.P. into the cell
and stripped him naked. Then he had to lie on the floor and we had to
lie on top of him. On several occasions they connected P. to the phone
inductor, then forced him to get on all fours and brought him to me and
forced him to bite my penis. This was done several times with me and Z.
as well as other prisoners in Block C." One day a guard led G.T.
into a room and told him that he must search for Vojislav Seselj and Slobodan
Milosevic "because they had hidden inside me. He ordered me to lie
down, and then put a red glove on his hand. The glove reached down to
his elbow. He forced the hand inside my anus and started to squeeze my
internal organs. He inflicted indescribable and horrendous pain in this
way and I also suffered from strong internal bleeding. The guard repeated
this torture with me several times."
Father Z.P. was singled out for special attention. He recalls, "Every
day the guards and the Croat soldiers entered the cell -- black shirt
ones -- and were beating us non-stop with batons. I was especially exposed
to the beating and torture. I received hundreds of hits, and when I would
faint they would drag me around the corridors of the prison. In Lora I
was exposed every day to the beating, torture, humiliation and other forms
of inhuman behavior. On one occasion they took me to some room, blindfolded
me and sat me on a chair, and then they placed on my temples some wires
and poured water over me and at the same time sent electric current."
On another occasion Father Z.P. was crucified on the bars of his cell
for three days. "After these tortures they applied electricity on
me again by placing the wires of a field telephone on my fingers and turned
the telephone, causing electrical current to pass. The guards were having
their fun with us by forcing us to fight among ourselves, by forcing us
to unnatural sex with each other, and they tried to force me to have sexual
intercourse with a captured Serbian woman from Kupres. I could not do
it so I was exposed to even greater beatings."
A former soldier of the Yugoslav People's Army says, "Every second
or third day drunken citizens would come to the camp and beat us with
anything and everything: fists, feet, baseball bats and other objects.
They bathed us in such a way that they would line us up stark naked along
the wall and send on us a strong water jet under pressure aimed at the
area of our sexual organs which caused very acute pain. Salute was obligatory
with the raised arm and the shout, "For homeland, ready!" This
prisoner was one of the "lucky ones," assigned to Cell Block
A, where the treatment was best. "The food was very bad. Most often
we were given a slice of bread and a bit of jam for the entire day. There
was no meat at all. From such food during the first 20 days I could not
have a bowel movement. We did not have any medical care. In fact, we were
not allowed to report and go to see a doctor because from the other prisoners
we learned that some who had asked for medical examination were given
beatings and pierced with needles."
A soldier captured in 1992 reports, "I could hear every day from
my cell the screams coming from the office or the room for interrogation
of the warden Dujic as a consequence of the electric shocks and beatings.
They were beating the most the reserve soldiers and those arrested at
the Trebinje battle front and the pilots. I saw with my own eyes when
in the circle of the prison camp they beat the prisoners with batons and
baseball bats for as long as they gave any signs of life."
Torture often took on the air of a social event. Civilians were routinely
brought to Lora in order to spit on the prisoners and club them with baseball
bats. A reserve officer remembered that the worst beatings he received
were at the hands of drunken citizens stopping at Lora late at night after
a night of boozing. According to one former prisoner, "They would
take us out one by one and beat us up. The civilians from the town would
be coming without any control and with the approval of the guards and
they were also beating us mercilessly with everything and anything."
Psychopathic guards often rounded up children and brought them to Lora
in order to inculcate them with their sick values. One man taken prisoner
in 1993 explained the routine. "I was exposed to the most diversified
forms of humiliation and beating, although I was wounded. In this prison
camp I spent a month and a half, and during that time they brought three
times from the city male children aged 7 and 8 years old. Then the prisoners
would be individually taken out of the cells, among them myself, into
the courtyard where we would be forced to sit on the concrete and one
child would be placed on a chair close to which the prisoner had to sit
and from that chair, from above, the child would urinate on the prisoner.
Afterwards the prisoner would be returned to the cell and the next prisoner
taken out."
The first words a captured lieutenant colonel in the Yugoslav People's
Army heard at Lora were profoundly disquieting. "We were lined up
and the person standing at the head of the line told us: 'Well, now you
are in an Ustasha state. Here the authorities are the Ustasha ones although
we all belong to the Croat Army, but we are mostly of the Ustasha orientation
and we are 80 percent of us of a rightist orientation.' Then they came,
five or six of them, and they started to beat us. They kicked us with
boots and fists. Some dozen men in uniforms came and they started to beat
us also. They beat us with everything, and then they threw us down the
stairs, some thirty stairs. They ordered us to take off all our clothes.
We were ordered then to raise our hand up in the air and they told us
that the one to make any sound would be slaughtered. Then the torture
started. They beat us all through the night and then the dawn came and
the sun was up and they were kicking us with boots, with fists, with wooden
sticks." Then the guards turned a fire hose on the men for one hour.
The lieutenant colonel was taken to a room where he was hooked up to an
inductor telephone. After midnight that night he and his fellow prisoners
were taken from their cells into the corridor. "There they beat us
up for about an hour. They beat us with batons, with some iron objects,
baseball bats hitting us on the heads, on the legs, fingers and stomach,
and with some wooden objects they hit us on the spine. Then they turned
us up front and from a run hit us with boots in the lungs. I counted 170
kicks that I received." The beatings continued on a daily basis.
One day a guard asked him if he had a family. "When I told them that
I have two daughters, they told me that they will give me such a treatment
that I will never again in my life have any sexual desires. They turned
me towards the wall and asked me whether I know where sperm comes out.
When I told them I did not know, they told me that it comes out of the
spine and I will not have a spine any longer. They continued to beat me
with batons along the flanks and buttocks. I had to spread my legs and
they started hitting me with the batons on my legs, on the chest, on the
stomach, and then on the sexual organ. After four blows on the sexual
organ I fainted. I lost consciousness and so they threw me into the cell.
For the entire night I could turn neither left nor right and was in terrible
pain.
Two days later, a guard plunged the lieutenant colonel's head into a
toilet bowl for 30 minutes. "My head was immersed in human feces.
I remember that they forced the prisoners to have sexual intercourse with
each other, to lick the anus of each other and the sexual organs. Those
were terrible things, things that are killing to all that is human in
a man. I saw with my own eyes the other prisoners having bottles forced
up their anus and batons as well. We were forced every day to drink water
from bottles with cigarette butts inside. I was forced to drink urine
and the others were forced to eat their own cut off hair, their shaved
beard and feces. We had to march in the legionnaire fashion with such
a step until we would faint from exhaustion and all that time to sing
their Ustasha songs. We had to bark, growl. They forced us into doghouses.
I would like to forget everything that I endured in the Lora prison camp
but it is engraved in my mind and certainly I shall never be able to forget
such terrible torture."
A reserve officer captured in 1992 tells about his time in Lora. "In
the prison they showed us devices for gouging of eyes, for suffocation,
for extraction of teeth." Guards beating the prisoners, he recalls,
"did this with great pleasure, some of them seeming to me to be abnormal
personalities, sadists and psychopaths. They set our hair on fire with
a lighter, forced the prisoners to eat their own hair and beard, but I
was not forced to eat my hair. But like all the others I had to eat human
excrement and to drink urine, because they forced us to urinate in each
other's mouth. They were sticking their fingers into our eyes and it seemed
to me, while they were doing that, that my eyes were completely taken
out and even today I cannot understand how it is possible that the fingers
can penetrate so deeply into the eye socket. They poured urine into a
bottle, cigarette butts and other garbage, and forced us to drink it.
They hit us with batons on the groin. They extinguished cigarette butts
on our bodies and we had to swallow cigarette butts. They pushed bottles
and batons up our anus. They were especially bestial when they forced
us to sexual perversities. I remember well that once I was beaten continuously
for 50 hours in the circle of the camp and I endured all that but I do
not know how. Special torture was by induced electrical current.
They would tie the wire on the fingers and then send electricity in and
the person would be shaking so much that the body lifted from the ground.
I was having so many spasms that I was almost floating in the air. All
this was destroying my nervous system. There were people who had the wires
tied to their ears or the sexual organ, toes, and then they would confess
to anything and sign anything. I was tortured by induced electrical shocks
at least thirty times and I have the scars on my fingers from the torture."
A captured reserve soldier recalled, "In this prison at any moment
one could hear the screams and cries of the prisoners. I watched once
the prisoner B.D. being connected to the inductor telephone and they turned
the handle until the blood started pouring from his ears." Another
prisoner observed that the suffering of the prisoners elicited a disturbing
reaction from the guards. "At that moment the victim experiences
an electric shock and starts shaking and the guards start laughing and
enjoying themselves."
Death was a frequent visitor in Lora. A witness reports, "I remember
a young man by the name of Bojan who was called 'White Eagle' or 'Little
Eagle'. He was detained alone in one cell. He was especially tortured
in a terrible manner. He stayed completely naked, incredibly skinny, a
real skeleton. He was tortured the most, beaten up and abused. One morning,
when the guards brought in the breakfast, I noticed that he was laying
on his back in his cell. His body was completely yellow. They returned
us immediately to our cells. I heard them nailing the coffin and the guards
whispering something in the corridor. After that I have never seen him
again." Another murder occurred when a prisoner was caught attempting
to escape. "That man was wounded," recalls a witness. "I
saw the director of the camp Toma Dujic jumping on top of this prisoner
who later died." A woman ex-prisoner says that in a cell close to
hers, "they were terribly beating up someone. We could hear the blows,
curses, screams and cries from that cell, and then suddenly there was
silence. The next morning they took a man out from that cell, covered
in a blanket, and he was dead. We women were forced to enter that cell
and wash it up, so I have seen in that cell there was a lot of blood on
the concrete floor and on the walls."
"I remember well one evening they brought two Montenegrins who I
think were captured at the Trebinje-Dubrovnik battle front," says
another former prisoner, "and I saw that they were in military uniforms.
"They took them to a cell close to our own, so I could hear their
screams and the blows. They beat them all night long. In the morning when
they took us out for a walk before breakfast, they took out also these
two so I could see that they could hardly stand on their feet. They were
covered with blood, their heads all swollen, their eyes were closed and
their clothes torn up." Another former prisoner adds, "I remember
well on one occasion that we were walking around the circle, and although
we were always forced to look down at the ground, I saw these three Montenegrins.
There in front of me one soldier cut off the ears of one, and gouged the
eye of another. They were completely deformed, bloody and in a terrible
state." A prisoner who was taken to the cell holding the captured
Montenegrin soldiers witnessed their ultimate fate. "Over there I
found five men dressed in standard JNA uniforms so I concluded that they
were members of the JNA. According to their talk I understood that they
were Montenegrins. These men were so much tortured, with broken arms and
legs, that all this left a very strong impression on me and I shall never
forget the sight. They all had their ears cut off and it seems to me that
only one of them had one ear left. They were lined up down on the floor.
Some were leaning against the wall and some were in a semi-reclining position.
Some of these men had their eyes gouged out and in front of me the guards
were gouging the eyes of the other ones. I remember one of the torturers
stabbing a knife into the tongue of one of them, then pulling the knife,
cutting off his tongue. They did not gouge the eyes of one of the Montenegrins
so that he could see what was happening, and then they started slaughtering
them, one by one. They slaughtered them in such a way that they would
hold them by the hair and with the knife would cut them on the throat.
On that occasion every one of them had his head severed from the body.
If one would try to defend himself, he would be fast overcome because
there were five torturers, and they were all beaten up and in a very terrible
state. At the end, the only one that remained alive was the one still
having his eyes, and then one of the torturers lined up three knives,
one beside the others, and told him to choose the knife with which he
would be slaughtered. This poor man who had enough of tortures and humiliation,
pointed his hand at one of the knives. The slaughterer went completely
mad with anger and resembled much more a beast than a man. With lightening
speed he grabbed the knife and in a split second came up to the Montenegrin
and in one slash severed his head from the trunk of the body. The lifeless
body turned over and the head remained in the air because it was held
in the other hand by the slaughterer. It was a terrible sight that can
hardly be described, because while the Ustasha was holding the head, the
eyes of the victim were still open, and also the mouth, and in such a
state that they were opening and closing several times. From this sight
even the criminals became frightened, so after a certain time the one
who was still holding the head came to his senses and with all his strength
he smashed it against the wall and it simply fell apart and one could
see the brain sizzling. I was in a pitiful state and even now I cannot
understand how I could endure all this and suffer all this, because I
was expecting that they will slaughter me also any minute. At that moment
one man came, probably belonging to the superior ranks, and he was obviously
appalled at the sight and told them that there was enough slaughter and
asked if that was not enough for them in view of how many they killed
the previous night. He addressed me and asked me from which cell I was
and ordered them to return me there. That is how I escaped a certain death,
because I am sure that I was taken to that room to be slaughtered. That
room was covered in blood even when I arrived there. After a few days,
also during the night, they took me out again with another nine men for
slaughter to that same place." The slaughter proceeded in the same
manner as before. "On that occasion eight persons were slaughtered.
In each case the head was severed from the body." Once again the
prisoner's life was spared by the timely arrival of an officer who said
that there had been enough killing for the day.
After enduring a particularly brutal beating one day, a former officer
of the Yugoslav People's Army was thrown into his cell, where he continued
to be beaten. The guard finally left the cell and went to an adjacent
cell, where he mercilessly beat another prisoner. "Then there was
a deadly silence," the former officer recalled. "In one corner
F., in the other corner myself. Looking desperately at each other, neither
one able to help the other. We were trying to get up, but could not do
it. With great effort we succeeded in sitting up and we looked at each
other with great sadness for a long time. We were weeping without tears.
We were screaming without sound." Moments later, a group of black
shirts arrived, shouting that they come there to beat the prisoners.
Judicial Battleground
Lora was never a newsworthy subject for the Western press. Too many inconvenient
questions might arise in readers' minds concerning U.S. arms shipments
and training for Tudjman's campaign to purge the land of ethnic minorities,
not to mention the Western diplomatic he received. Furthermore, the victims
of Lora were drawn primarily from the ranks of the officially designated
"enemy" people who consequently never merited attention let
alone sympathy. Lora remains almost entirely unknown in the West, cast
into the oblivion of disinterest and silence. The most complete and thoroughly
documented source of testimonies was produced by the Belgrade-based Committee
for Compiling Data on Crimes Against Humanity and International Law. As
a member of a delegation I visited the committee at their office in 1999.
There we were told that the committee was formed six years previously
in order to serve as a collection point for documentation relating to
war crimes. The committee's president, Zoran Stankovic, is a prominent
forensic scientist who was involved in the excavation and examination
of mass graves in Bosnia-Herzegovina and Croatia. Members of the committee
generally work on a volunteer basis, often laboring long hours into the
evening and weekends, motivated by a deep commitment to their project.
The committee has supplied several detailed and well-documented reports
to the Hague-based International Criminal Tribunal for the former Yugoslavia
(ICTY). Subsequent inquiries concerning this documentation always elicited
the same response from the ICTY: they were reading the documentation or
they were preparing a case. Yet time passed and nothing ever happened.
(5) The committee's report on Lora was submitted to the ICTY shortly after
its completion in October 1998. The ICTY had no objections to the report
but explained that due to lack of investigators and financial support
they would be assigning the case to the Croatian judiciary. Remarkably,
the ICTY did not bother to forward the committee's report on Lora to Croatia.
In fact, the tribunal provided not a single page of documentation of any
sort, even though a Croatian delegation visited them for the express purpose
of obtaining information on the Lora case. The District Prosecutor in
Split managed to obtain a copy of the committee's report only through
electronic media. On the basis of the committee's material an investigation
was undertaken. (6) It is interesting that the ICTY would claim not to
have resources to handle the case. Its 545-person staff and multimillion
dollar budget are busily engaged in politically-motivated cases intended
to provide post-justification for Western intervention in the Balkans,
while there is little motivation to pursue cases lacking a political payoff
for Western interests. Not coincidentally, the ICTY receives the bulk
of its financing from the United States and other NATO countries. Nor
is it surprising that the issue of war crimes committed by NATO during
its bombing of Yugoslavia is simply off the table as far as the ICTY is
concerned. Aside from the Belgrade committee, the only other important
public sources of documentation of Lora have been the series of articles
published by the Feral Tribune, a Croatian weekly based in Split. This
courageous newspaper has endured threats, intimidation and legal actions
throughout the Tudjman years and after, never shying from revealing crimes
or criticizing the powerful.
Several war crime trials have been launched in Croatia, including the
Lora case. However limited the scope of the trials may be, and the Lora
trial concerned only the murder of two prisoners and a few cases of torture,
such efforts should not be taken for granted. However, the Lora trial
was fraught with difficulties and its judge could not be seen as anyone's
exemplar of judicial probity. The Lora case opened in late September 2001
with a judicial investigation and the arrest of seven former guards: Josip
Bikic, Miljenko Bajic, Davor Banic, Andjelko Botic, Emilijo Bungur, Ante
Gudic and Tonci Vrkic. An eighth defendant, former camp commandant Tomislav
Dujic, eluded capture and went into hiding. Those arrested included some
of the camp's most brutal guards, although others of equal viciousness
remained free. Nor did the arrests touch high ranking officials who would
have been aware of the situation at Lora and either tacitly or directly
condoned those crimes. On October 11, 2001 former Croatian military officer
Mario Barisic testified before the investigating judge that on one of
his visits to Lora's Block C, he saw nine prisoners wearing uniforms of
the JNA, "some of whom were making gurgling sounds as if their tongues
had been cut off, while some were missing ears and eyes. They were all
deformed." When his superior officer Tvrtko Pasalic first led Barisic
and other military police officers into Block C, he instructed them, "You
will now see prisoners who have not been registered anywhere and with
whom you might do whatever you want." All nine of the prisoners were
gone when Barisic returned for a second visit. Inquiring about them, he
was told that two had been exchanged for Croatian soldiers and the other
seven were killed and thrown into a pit. Disturbed by this response, Barisic
wrote a report about what he had witnessed at Lora and sent it to President
Franjo Tudjman. His report brought about quick action, as Barisic was
fired from his position and those he had reported as committing crimes
received promotions. (7)
The local government in Split remains in the hands of the Croatian Democratic
Union, and the case elicited open hostility. The moment the investigation
was launched death threats were made against witnesses as well as against
the county prosecutor and the investigating judge. (8) While M.K. was
waiting in the hallway of the courthouse for his appointment to make a
statement to the investigating judge on October 9, 2001, a man who asked
if his name was M.K approached him. Answering in the affirmative he was
immediately encircled by ten thugs who told him they would kill him if
he spoke about his experiences in Lora. One of the men took a photograph
of M.K. Rattled by the threats and intimidation, M.K. declined to testify
that day. Local journalists later added to the M.K.'s woes by revealing
his name in news reports, as did Croatian television. Returning the following
week with a police escort, M.K. was approached by a man who told him he
would be killed. Witnesses who had already testified were visited at their
homes by men cursing and threatening to kill them. Within two weeks the
county prosecutor, Mladen Bajic, was threatened with death several times.
Tonci Majic, whose Dalmatian Committee for Human Rights was responsible
more than any other organization for applying enough pressure to bring
the case to trial, received death threats over the telephone on a regular
basis. Feral Tribune, which continued to publish exposes on the subject,
was also the target of death threats. While its journalists were waiting
to see the suspects as they were taken into custody, they were threatened
by men who identified themselves as Ustasha. Policemen arriving much later
were seen openly shaking hands and talking amiably with the thugs. (9)
Despite all obstacles, the defendants were finally indicted on March 27,
2002.
The trial opened on June 10, 2002 with all seven defendants pleading
not guilty. Former camp commandant Tomislav Dujic, who remained at large,
was to be tried in absentia. Semina Loncar of the Coalition for Human
Rights attended the trial during those opening days and reported, "The
atmosphere is such that in the courtroom there are about 80 to 90 supporters
of the defendants. They applaud frenetically when the defendants arrive
in the courtroom thus creating a very tense atmosphere that threatens
to cause incidents. We are very uncomfortable about it especially since
during the hearing we get showered with abuse and even threats to which
unfortunately the court police do not even bother to react." Pero
Jurisin of Slobodna Dalmacija observed, "The judge obviously has
no control over the proceedings. He only asks the initial question and
then does not even try to be in charge of the proceedings," allowing
"the initiative to be taken over" by defense witnesses. Prosecution
witnesses were claiming to lose their memory. Loncar concludes, "We
think that behind this lack of memory is the fear of the consequences
of making public statements." A reporter for Croatian Radio noted,
"Criminal charges were filed by the father of a witness who suddenly
lost his memory. The son and his family had received frequent threats
over the son's testimony. The trial, although inclusive, will send behind
bars only the smallest of fish. The key witnesses claim they cannot remember,
while those who would be courageous enough to speak out...regularly fail
to appear before the court." (10) Five witnesses from Serbia were
subpoenaed to appear during the second week of the trial. None did so,
although all had expressed a willingness to attend the trial if given
sufficient security arrangements. The first eleven prosecution witnesses
appearing in court suffered a sudden lapse of memory and claimed they
could not recall anything. Tonci Majic urged authorities to provide witnesses
with a police escort from the moment they crossed the border plus a document
saying that they were not wanted for what would be trumped-up war crimes
in Croatia. "By giving those guarantees the authorities will show
whether they are capable of bringing war criminals to court at all,"
he said. "It is important that these witnesses come to Croatia. The
Croatian public has the right to know what was happening in Lora,"
adding that those witnesses "who do not remember anything should
be questioned again." Majic publicly warned witnesses not to come
to Croatia "without firm guarantees in order to avoid possible insults,
attacks or even arrests under war crimes charges." To fill the void
in the schedule caused by the non-appearance of the witnesses from Yugoslavia,
the court called a former prison guard, Josko Pribudic, who testified
that nothing unusual occurred at Lora and that he saw no signs of abuse.
(11) Clearly a change of venue was necessary for the sake of the safety
of witnesses and to ensure a minimal hope of justice, but the Croatian
Supreme Court rejected a request by the Prosecutor to move the proceedings
to another court.
M.K., the same man who was threatened in the courthouse hallway during
the investigative process, refused to appear as a witness in court, pleading
"poor health." A witness who had suffered unimaginable tortures
and whose brother was murdered at Lora, declined to appear because of
"the general state of things." One former prisoner who did appear,
R.K., claimed in court that the fact that he was electrocuted was "irrelevant,"
and that he could not identify the perpetrator. Although authorities in
Split failed to offer official security guarantees for witnesses from
Yugoslavia, they did give full police protection to two defense witnesses.
Z.S. and his family had been threatened after he gave a statement before
the investigating judge the previous October. When he took the stand during
the trial in June he claimed that he could not remember his testimony
from October because he was "under medication." Nor was he able
to recall any events from the time of his imprisonment in Lora. (12)
The farcical proceedings were viewed with increasing dismay in Yugoslavia.
Yugoslav Deputy Justice Minister Nebojsa Sarkic announced that the trial
was "being carried out contrary to European and international norms,"
and that the ICTY, "which oversees such trials, has turned a blind
eye to the inadequacies." Sarkic pointed out that the defendants
were charged with the death of only two prisoners, although many more
were murdered at Lora. After returning home from The Hague, Sarkic complained
that although "a hefty file on the Lora massacres" was handed
to the ICTY, "we have not yet received a response." (13)
Astonishingly, on July 22, Judge Slavko Lozina marked the summer recess
by releasing the defendants from custody, claiming that the crimes the
men were charged with were not serious enough to warrant imprisonment
and that none of the witnesses had directly accused the defendants. In
the week leading up to the release of the defendants, former Croatian
military policemen testified that no crimes were committed at Lora. Tanja
Belobradjic, ex-wife of former commandant Tomislav Dujic maintained from
the stand that she had not heard anything about events in Lora. An ironic
claim, given that the report written by the Committee for Compiling Data
on Crimes Against Humanity and International Law documents numerous incidents
where Tanja personally participated in the torture of prisoners. Tonci
Majic reacted to Lozina's release of the prisoners with anger. "The
ruling sends an unambiguous message: the court -- and Croatia -- does
not want to try Croats for war crimes. It also indirectly advises the
defendants to run away before the trial resumes." The defendants
wasted no time in doing exactly that. "It is up to The Hague tribunal
to make a move now," Majic declared. "They will have to react
somehow." Predictably, no response was forthcoming from the ICTY,
which remained silent on the issue. Nine days later the Croatian Supreme
Court overturned Judge Lozina's ruling and ordered that the defendants
be returned to jail. Four of the defendants were rounded up the next day,
and the fifth one day later. (14)
Judge Lozina continued to distinguish himself while the trial was in
recess. On Sunday, September 15 he attended a rock concert performed by
Mark Thompson, a former British citizen who took the Croatian name of
Marko Perkovic when he adopted Croatia as his new home. Thompson felt
drawn to Croatia by its most extreme radical elements, and only the month
before had organized a public event at Slavonski Brod honoring the Ustashe.
Thompson's concerts were known for their enthusiastic displays of extreme
right wing nationalism, and the concert Lozina attended at the Split football
stadium was no exception. Many in the audience openly wore Ustasha and
fascist insignia, and the moment Thompson raised his arm in a fascist
salute from the stage, Lozina was seen "jumping for joy." It
was also noted that accompanying Lozina at the concert were the wives
of some of the defendants in the Lora case. Responding later to the inevitable
criticism, Lozina said he "feels sorry for anyone who has something
against Thompson" because in his songs he "conveys a message
of love for God and the people." Seasoned liberally with fascist
regalia and salutes, one might add. (15)
The trial resumed on September 19 with two of the defendants Lozina released
still at large. Former Croatian military policemen told the court that
they had seen no signs of abuse at Lora and had no knowledge of any crimes.
Once again the five witnesses from Yugoslavia failed to appear. According
to Savo Strbac of the Veritas Documentation and Information Center, they
did not want to travel to Split "because their relatives in Croatia
had been threatened after the publication of the names of the witnesses."
Suddenly left without witnesses for the week, the prosecution turned to
a reserve witness who also refused to come to the courthouse. (16)
On October 15, Croatian pathologist Jakov Ivankovic braved death threats
by appearing in court and testifying that the autopsies of the two prisoners
the defendants were charged with killing demonstrated that their deaths
had been violent. Another Croatian witness, former military policeman
Milorad Paic also testified in defiance of threats and intimidation. Paic
reported that he was told that Block C was reserved for "special
guests" who were unregistered so one could do anything to them. "When
I heard yells and saw blood-stained people crying for help, I had enough
and went out." He recalled seeing a table with an induction telephone
and blood stains on the wall. Paic co-wrote the Barisic report that was
sent to the command of the military police battalion, President Tudjman,
Defense Minister Gojko Susak and other high-ranking officials. Like Barisic,
Paic was removed from his position as a result. Since providing a statement
to the investigating judge the previous November, Paic said, he often
received threats, and once someone phoned his children and told them,
"We will impale your Dad on a stake." Three days before Paic's
court appearance he received a telephone call in which he was told, "It
would be better for you not to appear before that court, or we shall dispose
of you." (17)
For the third time, on October 21, the witnesses from Yugoslavia did
not appear as scheduled. Defense attorneys charged that the explanation
that the witnesses would not come to Split due to safety reasons "was
unacceptable," insisting that the witnesses appear in person to confirm
the texts of their written testimony. (18) A letter from the Yugoslav
Ministry of Justice informed the Croatian Ministry of Justice that they
were given insufficient time for subpoenas to be delivered to the witnesses
by October 21, and requested 60 days advance notice to allow time for
all arrangements. A similar request by the prosecutor was rejected by
the trial's panel of judges. The letter from Yugoslavia also mentioned
that some of the witnesses had reservations concerning the conduct of
the case. Defense lawyers reacted sharply, condemning the letter as a
"diplomatic scandal." Judge Lozina concurred, saying that the
Croatian Ministry of Justice should have reacted to the letter, and the
panel of judges announced that they found the letter "offensive."
The panel, led by Judge Lozina, then ruled that they would not permit
the witnesses from Yugoslavia to be subpoenaed again, nor would they allow
any prosecution witnesses from Bosnia to be called. This edict effectively
shut down the prosecution's case, given that most of the witnesses from
Croatia had been intimidated into silence. After the last permitted prosecution
witness appeared on November 11, the defendants then took the stand, claiming
that no one was abused at Lora and bitterly denouncing the prosecution
witnesses. Defendant Andjelko Botic claimed he felt insulted by "the
lies served by so-called witnesses," referring to them with a derogatory
ethnic slur. (19)
Exasperated by the conduct of the trial, Justice Minister Ingrid Anticevic-Marinovic
requested on October 28 that the State Judicial Council initiate disciplinary
action against Judge Lozina. On April 18, 2002, Lozina had been the driver
in a hit and run accident in which he inflicted serious injury on a man.
Minister Anticevic-Marinovic said that if the charges were confirmed,
Lozina would face additional charges of damaging the reputation of the
court and his profession, resulting in his dismissal. Such an outcome
would require that the Lora trial start again with a new judge. In addition,
the Justice Ministry announced in September the launch of an investigation
into Lozina's conduct during the trial, based on numerous reports that
he was hiding documents which proved the guilt of the defendants. Yet
another investigation was initiated into his conduct at the Thompson rock
concert. An outraged Lozina went on the counter-attack, announcing that
he would press charges against Justice Minister Anticevic-Marinovic because
she "abused her office" by launching investigations against
him. During Lozina's press conference, a man claiming to be a friend of
the Lozina family assaulted and threatened a reporter for supposedly libeling
Lozina. (20)
On November 14, the State Judicial Council quickly closed the investigation
into Lozina's hit-and-run accident, ruling that he should not be removed
from the Lora case. As the State Judicial Council put it, there were no
grounds for taking disciplinary action since "a traffic accident
can happen to anyone." A smug Lozina said afterwards, "The decision
is fair." (21)
Deputy country prosecutor Michele Squiccimarro opened his closing arguments
with a fatalistic aside. "It is useless to present the closing argument
because the trial chamber has already decided on an acquittal." This
comment aroused the ire of Judge Lozina, who responded that the comment
"constitutes an act of pressure on the court, a precedent that will
be recorded in the court annals." Continuing with his closing arguments,
Squiccimarro said that the prosecution had proven that civilians were
tortured at Lora "despite the fact that it was not possible to present
all the evidence during the trial because the court summons had not been
delivered in a timely manner to the witnesses from Yugoslavia." Furthermore,
he continued, "some witnesses had received threats which prompted
them to change their initial statements." True to his word, two days
later Judge Lozina announced that the panel of judges had submitted a
report to the state prosecutor protesting the "inappropriate"
behavior of Squiccimarro. In their closing arguments, defense lawyers
argued that no civilians were imprisoned in Lora, and that those arrested
belonged to "organized rebel groups accused of terrorism." War
crimes cannot be committed against one's own citizens, they claimed, nor
had any evidence been presented against their clients. (22)
On November 22, 2002, Judge Lozina announced the long-awaited verdict.
The decision reached by the panel of judges was unanimous, finding all
eight defendants not guilty. "It is undeniable that there were unlawful
actions in the Lora prison," said Lozina. "Likewise, it is a
fact that two inmates died, but people can only be tried for individual
responsibility, and this was never established. I can affirm that -- on
the basis of the evidence -- the panel was in no dilemma. There was simply
no dilemma. There was no incriminating evidence by witnesses, and since
there was no such evidence, material evidence was not sufficient to ascribe
the crimes to the persons present here." A nice piece of sophistry,
given Lozina's ruling forbidding the prosecution from calling witnesses
from Yugoslavia and Bosnia. Furthermore, Judge Lozina habitually turned
a blind eye towards the abuse of witnesses. Regarding his proscription
of witnesses from Yugoslavia, Lozina claimed that Yugoslavia "had
set inappropriate conditions" for the witnesses to come to Split
and give evidence. Presumably the desire by the witnesses for adequate
security arrangements and for sufficient time to respond to the summons
could only be considered "inappropriate." Lozina rejected the
prosecution's request to bring witnesses from Yugoslavia and Bosnia as
"unimportant," because "even if guilt were proved, there
could be no question of war crimes, since Split was not in a war zone
at the time and the inmates were Croatia citizens." In other words,
even if witnesses had been allowed to speak and give evidence freely,
the defendants could not have been found guilty because the issue rested
on a mere matter of semantics. Lozina questioned the credibility of the
prosecution's witnesses, and concluded, "There is not a trace of
evidence to prove that any of the defendants acted as charged." (23)
Within hours the five defendants in custody were released. Although unmentioned
by any news report, it can assumed that also within hours those few courageous
prosecution witnesses who had given evidence against the defendants went
into hiding. Men such as Mario Barisic, Milorad Paic and Jakov Ivankovic
might now be murdered without risking incurring an unfavorable outcome
in the trial. Tonci Majic was still brave enough to attend the reading
of the verdict and speak out vociferously afterwards. "This is a
complete outrage," he said. Calling the judge "biased,"
Majic pointed out that Lozina was associated with extreme nationalist
groups. "Dozens of witnesses were subjected to abuse and threats
until they agreed to alter their pretrial testimonies," he continued,
while more than 30 witnesses from Yugoslavia and Bosnia did not appear
because "they feared for their safety." (24)
The defendants are free men once again, while their victims are condemned
to be forever haunted by the mental and physical echoes of their anguish
in Lora. In Split, the milieu of threats, intimidation and intolerance
continues to flourish. The outcome of the trial evoked only disinterest
on the part of the ICTY, for their mentors had no political interest hinging
on a conviction of the Lora 8. Tudjman's Croatia was a Western ally. Few
in the West can have learned of the verdict. Fewer still can have cared,
for no television program told us to feel concern. It is inconceivable
to imagine that the U.S. would ever face up to its own role in the Balkans,
Vietnam or the Gulf War. The Lora case exemplifies everything that is
fraudulent about what passes as concern for human rights in the U.S. Wars
of aggression waged by Western powers, in which bombs and missiles incinerate
entire neighborhoods, are never viewed as violations of human rights.
Nor do murders and tortures carried out by Western proxies arouse the
passions of those who trumpet the cause of human rights. One can hope,
however, that other ongoing war crimes trials in Croatia are in better
hands than was Lora, although already Croatian soldier Mihael Hrastov
was acquitted of executing 13 JNA reservists by a Karlovac court. For
a reporter from Croatian Radio, the trial of the Lora 8 raises questions.
"It seems right to ask if Judge Lozina was deliberately put in charge
of this trial against the Croatian knights who chose to demonstrate their
patriotism and love of country far from the battlefield, in the murky
corridors of a military prison where they had an ideal opportunity to
get rid of their complexes. It depends on the Split trial whether electrodes,
doghouses, telephone cords, rubber truncheons and boot marks on the bodies
of the people who could not defend themselves will become more than a
yardstick to gauge someone's patriotism." (25) Back in the United
States, one wonders how long it will be before patriotism is no longer
measured by dropping lethal munitions on civilians in some far-off land,
or even how long one must wait before such questions are asked.
© © © © © ©
References and Resources
Due to the length of this essay and the large number of references, we
have created a dedicated footnotes page. Each reference is hyperlinked
so that the reader can go back and forth between the article and the notes.
Gregory Elich has published dozens of articles on the Balkans and East
Asia in the US, Canada and Europe, in such publications as Covert Action
Quarterly, Politika, Der Junge Welt, Dagbladet Arbejderen, Science&Society,
Swans, and other publications. His research findings on CIA intervention
in Yugoslavia was the subject of articles in newspapers in Germany, Norway
and Italy, including Il Manifesto. He has been involved in peace activities
since the Vietnam War, and was coordinator of the Committee for Peace
in Yugoslavia. He was a member of a US delegation visiting Yugoslavia
after the NATO war, and a member of the Margarita Papendreou delegation,
the first to fly on a Western national airline to Baghdad in challenge
to the sanctions. He spoke at the International Action Center's opening
session of their Commission of Inquiry into NATO War Crimes on July 31,
1999 and again as a witness at the final session of the Commission on
June 10, 2000. He has a chapter in the International Action Center's anthology
'NATO in the Balkans.' His slide presentation on the NATO war has been
shown in several cities throughout the Midwest [cf. Geoff Berne's War
Against Women and Other Civilians in Yugoslavia: Terror Keyed Triumph
of the New Colonialism (January 2001) as well as America in Yugoslavia:
Peephole into a Hidden Empire (May 2001)]. Finally, Elich is a member
of the collective that wrote the recently published book "Hidden
Agenda, U.S./NATO Takeover Of Yugoslavia" which can be purchased
on line at leftbooks.com.
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