TRIAL TO FERAL TRIBUNE CONTINUES

Evidence from Spain

AIM Zagreb, 23 December, 1997

The repeated trial to the weekly Feral Tribune, that is, to its editor Viktor Ivancic and commentator Marinko Culic, against whom criminal charges were raised for slander and insult of the president of the Republic, Franjo Tudjman, took place on 22 December in Zagreb in an almost crowded courtroom, in the presence of many foreign and domestic guests. Judge Marin Mrcela interrupted the trial after two hours, pointing out that with the help of the ministry of justice, the court would seek from the ministry of the Republic of Spain or other, as he said, competent state agency, information on political doctrine of general Franco in order to be able to compare it with political activities of Franjo Tudjman and see whether what journalists of Feral had written had any comparative sense. On the other hand, the judge demanded information on Franco's followers, that is, whether phalangists still existed and where they could be found.

The foundation of the criminal charges against the editor and the journalist of Feral are two articles on Tudjman's idea about mixing bones of Ustashe and partisans in Jasenovac, on the model of similar mixing of the remains of the phalangists and the republicans in the Valley of the Dead (in Spain), and the photomontage on which Tudjman is receiving the "dearest cup" in the form of the monument in Jasenovac from the hand of Ante Pavelic. All that was published in April 1996, and in June that same year, the first hearing took place, and in September, at the second hearing, judge Marin Mrcela acquitted the journalists of Feral of charges saying that it had nothing to do with slander. However, a few months ago the acquittal was annulled at the request of the municipal state attorney's office, the appeal of which was written in a vocabulary which even dictator Franco and many of his colleagues would not have been ashamed of. For instance, the journalists of Feral are persons "who want some other state", they are also persons who "want anarchy" and finally persons "who write pamphlets and abuse the freedom of the press". And this is just a part of the appeal.

The defence of eight attorneys repeated the same words as at the last hearing, that is, that all the written statements were value judgements and that truthfulness of such judgements simply could not be proved. Then the defence asked the judge why the damaged person - Franjo Tudjman - was not present, because he knew best who he was, and Mrcela answered that the court knew best who to summon and when. At the next hearing, the appearance of Ivo Goldstein, the historian, is expected - who would by means of comparative analysis show similarities between Tudjman's and Franco's ideology, as well as similarities between Tudjman and Pavelic, but also Tudjman and Tito, because in his article, Marinko Culic says that Tudjman is a political hybrid composed of Tito and Pavelic, who shows one or the other side whichever suits him best - and Smiljko Sokol, member of the ruling Croat Democratic Community (HDZ) and professor of constitutional law, to clarify whether Tudjman, being the president of the state, is entitled to carry out his personal political whims. It is impossible to know, however, whether the next hearing will take place so soon. Attorney Vesna Alaburic says about that: "The defence is sorry that the judge has not persisted in his previous stands

• that this is a case of value judgements. We believe that he could have decided about the acquittal right away. The way he has chosen leads to limitation period for instituting legal proceedings, so that a long time will be needed to call a new hearing".

Viktor Ivancic and Marinko Culic had a short but brilliant analysis of the court scandal the outcome of which cannot be predicted yet. The editor of Feral said that the appeal was monstrous, and that "Tudjman is defended by his stand and actions, and we are supposed to be defended by lawyers". This was the reply to the appeal of state attorney's office that it was not necessary to prove that Tudjman was an antifascist because it was a public fact and well known to everybody, so that all personal statements what Tudjman is and what he is not can be punished. Ivancic also says: "Tudjman's role is a redefinition of criminals and fascist regime. He is no bearer of the idea of reconciliation. It is Tudjman's whim, hobby and similar activities, because his power is also just a whim. It is all a performance. Because if a person has the power to change the name of a football club, to change the name of the Square of Victims of Fascism and redesign the mass grave in Jesenovac, then he has the power to design this court proceedings and the sentence of the court".

Marinko Culic spoke similarly. "In the year and a half for as long as the trial lasts, Tudjman has neither corrected nor denied any of the statements from the controversial articles, therefore the allegation from the appeal of the state attorney's office that Tudjman is an incorrigible antifascist is - absurd". And he adds: "If this court considers this to be justified, then I accept any sentence". To make it all even more irrational, Tudjman is not giving up on his idea to reconstruct Jasenovac into a collective memorial centre, which is, according to Culic, the only modern attempt of this kind and at the same time a tactical hush-up. Culic also says that Tudjman's idea of reconciliation may be seen in the destruction of the opposition parties. "Two parties are falling apart (HSLS and HSS), and one is shaky (SDP). There are processes in other parties threatening to ruin them".

Be what may, Tudjman is persistent, but Feral is not ready to give up either. In the latest issue, in its satyrical part, with his arm lifted and firmly clenched fists, Tudjman is parading in the "small train of freedom, exact replica of the train in which 50 years ago Serbs and Jews were brought to the amusement part of Jasenovac". And the title says: "Ninety kilometres south-east of Croatian capital, a grandiose amusement park is cropping up!!! ENTREPRENEUR FROM ZAGREB FRANJO TUDJMAN BUILDING CROATIAN DISNEYLAND IN JASENOVAC!!!!"

ALEN ANIC