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Two men get jail terms, four acquitted of war crimes in Marino Selo case

OSIJEK, June 13 (Hina) - The Osijek County Court's trial chamber on Monday acquitted four defendants and sentenced two -- Tomica Polleto and Zeljko Tutic -- to 15 and 12 years in prison respectively for war crimes against civilians in Marino Selo, eastern Croatia in 1991 and 1992.

The other defendants in the case were Damir Kufner, Davor Simic, Pavao Vancas and Ante Ivezic.

The indictment says that as members of the Croatian military police they committed war crimes while defending Pakrac against armed attacks by Serb paramilitary forces and the Yugoslav People's Army (JNA) in 1991 and 1992.

The trial chamber found that Tomica Poletto had participated in the murder of 10 civilians who had been taken from their homes to a makeshift prison after Croatian military police searched Serb houses for hidden arms. Zeljko Tutic was involved in the death of seven civilians.

The trial chamber found that the first defendant Damir Kufner was not the commander of the military police unit implicated in war crimes in Marino Selo which was why he was acquitted. According to witness testimonies, including testimonies of Serb villagers who survived the torture, Kufner was a security advisor in the Territorial Defence Staff in Pakrac but it was not established that he had commanded a military police platoon or that he had issued orders to that unit to commit war crimes.

Davor Simic was charged with unlawful arrest but the time had expired for prosecuting this crime, resulting in his acquittal.

According to the court's judgement, there was no evidence to substantiate claims that Pavao Vancac had committed was crimes against civilians, so he was acquitted. Witness testimonies did not link Ante Ivezic with any crime he was charged with, which was why he was also acquitted.

The judgement can be appealed.

This was a retrial after last year the Supreme Court quashed a verdict handed down by the Pozega County Court, citing procedural errors.

In March 2009, the Pozega Court found all the defendants guilty, giving them prison sentences ranging between one and 16 years.

The case was later referred to the Osijek County Court for a retrial.

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