TRIAL TO FERAL SCHEDULED

AIM Zagreb, May 19, 1996

Editor-in-Chief of Feral Tribune, Viktor Ivancic and journalist Marinko Culic might become the first victims of a mini-reform of the Croat criminal code and be sentenced to jail between at least six months and up to a year and a half. Ivancic and Culic will become also the first journalists-victims of the "free, independent and democratic Croatia", as persistently and repeatedly President Tudjman likes calling his state, who will be tried for verbal delict which is officially called slander and insult of the head of the state. This will be the first case of implementation (and abuse) of the law on protection of "five sacred cows", since the state prosecutor who in the line of duty instigated criminal proceedings, having obtained an agreement of the President of the Republic, against the two journalists because they had consciously publicized untruths and in this way "unoubtedly harmed statesman's and personal integrity of Dr Franjo Tudjman".

In the indictment signed by acting municipal attorney of Zagreb Mrs. Visnja Loncar, it is stated that in April 29 issue of Feral Viktor Ivancic wrote: "the communist general stripped of rank returned to power in 1990 as a declared supporter of generalissimus Franco who instead of 'Good morning' or 'Praise the Lord' used to salute his followers with 'Viva la muerte' and who had everybody who did not agree with his regime either killed, tortured or banished in order to be able to mix remains of dead phalangists and republicans, and in this way maintain peace in his country. This thanatomaniac fixed idea of Franco's was adopted by our general Franjo who has just announced that he would carry out his long made threats about construction of Croatian Santa Guadarrama in Jasenovac and who is on the point of starting digging an enormous common pit under whole of Croatia. Our Francoist intends to generously offer the country abandoned by the living to the dead, showing in the so far most brutal manner what type of Croats he in facts needs. It is resounding from Pantovcak: 'Viva la Muerte!'"

Lady state prosecutor believes that this is not true, and also attributes to Ivancic as an insult the publication of a photo-montage in which Dr Tudjman is presented together with Pavelic who holds a miniature sculpture of the monument to victims of Jasenovac with the following text: "Dr Franjo Tudjman receiving the dearest cup from the hands of Dr Ante Pavelic". State prosecutor believes that this presents the Croatian President as a follower of the fascist regime.

Marinko Culic has also, according to the opinion of the state attorney, stated untruths since in his text "Remains in a Grinder" he wrote: "If there is a wish to borrow something from Spain it should only be de-Francoisation of the country, and not creation of a totalitarian fascistic-communist country headed by half-breed Tudjman who is with a part of his body and limbs formed of Tito, and with the other half of Pavelic (in the ratio which corresponds to the current political circumstances)".

The main court hearing is scheduled for June 14, and for the time being, regardless of all protests both from within Croatia and especially from abroad, there are no signs that Dr Tudjman could refrain from his intention to prosecute the journalists. In fact, contrary to ordinary mortals, Tudjman and four other protected individuals enjoy the right to refrain, i.e. to withdraw their agreement at any time, even after the verdict becomes final. It is highly questionable whether Tudjman who managed to keep Croatia out of the Council of Europe, among other by bringing charges against journalists and nebulous ideas about reconciliation of the dead in Jasenovac, will surrender under pressure exerted by America and Europe, or perhaps even press charges against Clinton himself, because he has no business interfering in our internal affairs, just as he has recently sent word to Kinkel?

That one can expect almost anything from Tudjman is best illustrated by his recent accusation, through good offices his zealous followers, of the Bad Blue Boys that by advocating that the old name of their favourite football team "Dinamo" be returned they were in fact classifying themselves among enemies of Croatian democracy, supporters of revival of Yugoslavia and return to socialism. The latest news that another trial to Feral is scheduled for May 23 also speaks in favour of this, in which the prosecutor, this time private, is President's daughter Nevenka, owner of enterprise "Netel", who demands for inflicted pain and tarnished reputation neither more nor less than three million kunas (about 800 thousand german marks). She suffered enormously because journalists of Feral called her Sutjeska (river famous for one of Tito's victory in the Second World War) in a satyrical text. And how true the allegation of her daddy is that his poor little daughter has just a tiny store is best illustrated by the fact that she had no problem to pay 10 thousand marks of tax due in order to make a trial involving such an enormous demand, unprecedented in Croatia, possible. The attorney of the young lady capitalist former citizen of Belgrade whose sons have also become rich overnight, their property including a bank among other, Zeljko Olujic, demanded that the account of Feral Tribune be immediately blocked. The former public prosecutor showed by this act that he was convinced that the court would deliver a sentence in favour of his client. After all, why should not Mrs. Nevenka Tudjman get her money for the mental agony she had suffered, when Tomislav Mercep did, who the President himself described at the Convention of the HDZ as the man who had saved him from going to the Hague. By the way, lady Nevenka submitted her complaint just 15 days ago, which was registered by Vjesnik on its front page.

It is difficult to separate these two trials, because anyone can see quite clearly what their intention is, that neither Ivancic nor Culic can hope for anything good, but all things considered nor Feral in general, which Tudjman has obviously decided to close down with this synchronized actions. It is true that there were numeorus private complaints in Croatian courts before, but this will be the first real test in democracy at the trial initiated by Tudjman himself. This trial is primarily dubious because it is questionable whether the law concerned is constitutional and the Croatian Journalists' Society has already officially demanded investigation of this mini-reform of the criminal code, both in the part concerning protection of the five untouchables and the part which refers to publication of the state and the military secrets. The Constitutional Court will give its opinion and this is the legal aspect of the problem. But, everybody knows that equally if not even more significant aspect is whether Tudjman will regardless of objections from abroad will persist and convict the journalists and put them behind bars. Or will he agree to win the case, but in the end, as a sign of mercy refrain from actual imprisonment.

But the real question is which democratic state needs laws, such as the law pursuant to which poor Nevenka is paid 800,000 marks for mental agony, and the one pursuant to which the President is entitled to be protected by state attorneys like a bear? In other words, sad is the state which can be destroyed by a Feral Tribune. Sad is the regime which is afraid of those who think differently, and not only makes paupers of them, but even attempts to put them in jail. Tudjman seems to have forgotten what he himself served a sentence in jail for in the previous regime, but also that that is probably the "most brilliant part" of his controversial curriculum vitae which he retouches every now and then when it suits him. The worst in the whole farce is that the Croat President does not seem to be aware that, when he descends from power, if the worst happens to Ivancic and Culic, he would find himself in the same company of political prisoners with them. Because this is nothing but an ordinary political process instigated at the moment when the Croat President has realized that he would soon leave Tito's villa, and that regardless of the fact that he is living in the (Presidential) Palace, he will not succeed in becoming a king before that happens.

Fortunately for the Croats, though, Franjo Tudjman was just another episode, but unfortunately, noone still knows how much it will cost Croatia. For the time being, the cost is equal to its failure to join Europe, but everybody knows that a knocked-out boxer sometimes waves his arms and strikes uncontrolled blows.

GOJKO MARINKOVIC