Bozo Krajina returned to Remetinec prison in Zagreb after the Supreme Court's decision while Frano Drlje and Igor Beneti disobeyed the order and the police have been searching for them for two weeks, according to sources from the Zagreb County Court and the Interior Ministry.
Judge Vladimir Vinja who is in charge of the Grubori case told Hina that on 5 January the Supreme Court issued an order for the transfer of the three men back to the detention centre, and one week later the police were given the order to bring them to the prison.
Interior Ministry spokesman Krunoslav Borovec said the police had not yet found Drlje and Beneta.
The judge said that he would set a date for the commencement of the trial only after all the accused in the case were put behind bars.
The Zagreb county office of the Chief State Prosecutor issued an indictment against the three members of an anti-terrorist police unit on suspicion that they had committed war crimes against Serbs in the village of Grubori near Knin, following a Croatian military offensive, dubbed Operation Storm, which crushed a Serb insurgency in central and southern Croatia in August 1995.
The indictment was issued on 16 December against Drlje, Krajina and Beneti, the county office of the Chief State Prosecutor stated on its web site on Thursday.
The prosecution suspended the investigation against Berislav Garic for lack of evidence.
The prosecution also requested the separation of further criminal proceedings against wartime special police commander Zeljko Sacic, who is accused of failing to prevent the crimes in Grubori or to punish the perpetrators.
Drlje, Krajina and Beneti are believed to have killed six Serb residents of Grubori and set several houses and barns on fire on 25 August 1995.
The three men were kept in detention for some time but were released in mid-December upon the announcement of the indictment pending the commencement of the trial.