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New scandal of Croatian judiciary: judge Ninoslav Ljubojevic requested psychiatric evaluation of Branko Markan, the man who was kept as a slave by retired policeman Tomislav Mikulic

Cop to Cop, Slave to Slave

by Drago HEDL

Feral Tribune, Split, Croatia, December 2, 2000

The Croatian judiciary has only partly avoided scandal that would make its practice equal to that from the time of Nazi Germany - retarded and handicapped persons are only worthy of contempt; they can be maltreated, beaten, imprisoned, enslaved, robbed and probably in the end murdered, without culprits being held responsible for their actions! That conclusion can be drawn from the scandalous document issued by the Municipal Court in Osijek, K-349/00 sent on July 10, 2000 to the Psychiatric hospital in Vrapce, which requests psychiatric evaluation of Branko Markan, the person who, as was established by the Court, was a victim of slavery for three and a half years. If Markan accepted psychiatric evaluation and if the results of the evaluation were in favor of those whose victims he was, Dubravko Jezercic, the former Police Chief in Osijek, and Tomislav Mikulic, a 27-year-old retired policeman, would have most likely been acquitted.

The case of Branko Markan, a 48-years-old resident of Osijek who until mid-1996 peacefully lived in a run-down family home in the center of Osijek, which had been left to him by his parents, shocked the Croatian public. Markan's misfortune was that his house caught the eye of the former Police Chief Jezercic, who had decided to exactly on that spot build a luxurious restaurant. When Markan refused to sell the property, Jezercic followed up with threats, violence, night attacks, and then even three-years-long captivity, during which Markan worked without pay, was deprived of his freedom and all rights, literally as a slave.

Gun in Mouth

Recently, Feral's journalist had an opportunity to have a long conversation with Branko Markan in the Osijek office of his lawyer Dinko Matijasevic. Fear is deeply ingrained in him and even today it is reflected in everything he says. His appearance is that of a ten-years-older man. Markan seems confused, exhausted, and tired. Even today he is in hiding, living at a secret address, in fear. His story, regardless of how unbelievable it may be, is terrifying in the cruel logic of raw police omnipotence that slipped out of every control, aiming for an unprotected individual.

"I know that this will be hard to understand, that someone can be a slave these days, but whatever I did, they would be informed about it within 30 minutes," says Markan, using the vocabulary that betrays a learned and educated, but extremely scared person. He very precisely describes pressures to which he had been exposed. First only "friendly" persuasion that it would be in his interest to sell the house, then insistence of a handful of policemen that he should go talk to Jezercic, then a night break in into his house during which two armed individuals pushed a barrel of a gun into his mouth. Markan described his first meeting with Jezercic in the conversation with Feral exactly the way he later described it to the Police, during the investigation and during a court hearing. He had to describe corridors along which he walked, the elevator, and Jezercic's office, as well as the layout of the furniture in the office and explain who set where. He said that Jezercic was polite but firm. He said, mentioning minister Jarnjak, that he was supposed to get a loan for purchase of land from the Police and that is why he was in a hurry to buy the house from Markan.

After the initial refusal to sell and the nighttime attack which followed immediately, Markan, as he said, was again taken to see Jezercic. This time, already extremely scared, he agreed to exchange his house for a small apartment (about 75 square feet of area), worth DM30,000 and another DM5,000 in cash. He would later get only DM1,000.

However, the small apartment in the Osijek district Jug II, where Markan briefly lived after the sale of the house, caught the eye of Tomislav Mikulic the policemen who had taken him to see Jezercic, driven him to real estate agencies and notary public offices, and would soon afterwards turn him into his personal slave. However, before that Mikulic forced Markan to appoint Mikulic's wife for his caretaker, until his death. Later, at the same notary-public's office, Markan authorized Mikulic to sell his apartment. The money from the sale of the apartment, as well as DM4,000 owed to him by Jezercic never made it to Markan. After the sale of the apartment, Markan briefly lived with a friend, and then Mikulic moved him to an abandoned holiday home on the very bank of the Drava river, in the territory which, as the reintegration of the Danube Valley region had just begun, was under special Police surveillance at the time. Markan slavery started on this spot.

Life in Container

Dinko Matijasevic, Markan's lawyer, explains why his client was enslaved: "It would have been very compromising for a person of Jezercic's 'caliber' at the time, if someone were to freely talk in the city that he had been forced to sell his home so that the Police Chief could build a restaurant on the same spot. Even intermittent threats were unlikely to prevent Markan from talking about that. He would have sooner or later talked to one of his friends, and they would spread the story around. That is why it was necessary to completely isolate him and Mikulic took that job upon himself."

While in the center of Osijek, on the spot where Markan's run-down house used to stand, a new apartment building was being built (it would later be converted into a restaurant; Jezercic managed to get a thirty year loan for the construction of the object from the Police, for 216,000 kunas, without a down-payment, and with the privileged interest rate of only two percent), Markan lived in isolation, guarded by Mikulic. He was soon moved from the holiday home near the Drava river to a container on the outskirts of Osijek, on the land owned by a construction material trading company. Finally, in that very same container, Markan ended up in the yard of the house of Mikulic's parents, near Osijek. He did not receive any compensation for his work, apart from food.

"Who could I complain to? Mikulic was a policeman and most of his friends worked for the Police. Jezercic was a Police Chief. I was continuously exposed to threats. They said that I would be killed. I was extremely afraid," explained Markan.

Living in a container, he had to do all sorts of jobs, but he mostly did field work, fed pigs and cleaned the pigsty at Mikulic's parents' farm. On one occasion Mikulic even loaned Markan to his acquaintance Gordan Jurkovic, also a policeman, so that he could help him clean his cellar.

Another episode, related to Feral's journalist by Markan illustrates his situation at the time, as well as the sort of deals that took place in the Osijek Police during Jezercic's tenure. Markan was issued a new personal identification card. This card indicated that Markan lived at 4 Kornatska St. in Osijek, even though he had never been there. "A physician, Mikulic's friend lived there. They registered me at that address so that that physician could use my war veteran privileges and import a car without paying taxes. She was supposed to be my driver and that is why I had to be registered at her address. I do not know why they never imported that car, but I never got the new identification card. Thus, for a long time, I did not have either my identification card or my passport," said Markan.

Friends and Achievements from War

Mikulic also appropriated 900 kunas that Markan was receiving every month as a demobilized defender of Croatia [war veteran], as Markan was forced to authorize Mikulic to draw that money.

Markan and Jezercic, although the former Osijek Police Chief probably does not remember that, met for the first time at the founding of the 160th Osijek brigade. Jezercic was its commander and Markan a private. When the war ended and Markan was demobilized. He was unemployed and lived on the assistance received by Croatian defenders for a while after their demobilization. Jezercic, on the other hand, based on his wartime achievements and close friendship with Osijek-Baranja county governor Branimir Glavas, references that opened all doors, became the Osijek Police Chief. However, that important function did not satisfy his appetite so that he decided to build a restaurant; true, he chose an indirect route - first he was going to build a family home, so that he could get a loan, and then, once the money arrived, he was going to convert the house into a restaurant. As we already saw, that endeavor reunited him with Markan.

It would be interesting to see the bills for the construction and equipment for the exclusive restaurant Grand. That was not the object of the investigation, but it is definitively an impressive skill to build an object estimated at DM1 million from the initial loan of DM55,000. In the meantime, Jezercic's restaurant had to change its name and it is now named Barun, as another restaurant had already been registered in Osijek under the name Grand. While Jezercic was the Police Chief that did not bother anyone and the name of the restaurant was changed soon after Jezercic was dismissed early this year.

If the HDZ was not defeated in the January 3 elections, Markan would still most likely be imprisoned in a container, would feed about 30 pigs owned by Mikulic's parents and would still be doing field work. When he heard on the radio that Jezercic had been fired, Markan realized that freedom was near. He soon afterwards contacted the Police and his horrendous story, about slavery in Europe at the very end of the twentieth century, made it to the public.

Outside Law

The trial that started in Osijek was rather strange. The courtroom atmosphere was rather electrified, due to loud support from the friends and relatives of the defendants, while great effort was expended on trying to portray Markan as a madman whose statements are totally worthless. Even though his assertions were backed up by material evidence, sale contracts, authorizations, records of monetary transactions; even though places at which he was kept as a slave were identified and filmed; even though most of the claims were independently confirmed by witnesses, numerous attempts were made to shift the trial in the other direction. One of those attempts was definitely the request of Ninoslav Ljubojevic, a judge in the Osijek Municipal Court, who requested a psychiatric evaluation of Branko Markan.

If the evaluation were conducted and its conclusions were favorable for those who were trying to set Markan up, would have anything been different? Would that mean that retarded and disabled persons in Croatia are not covered by laws, and can be kept in custody and enslaved without sanction?

What did the judge really want to achieve with that psychiatric evaluation? Was he trying to find mitigating circumstances for Jezercic and Mikulic, ridicule Markan, and legalize the practice of enslavement of persons who are unable to oppose brutal Police force?

When last week Jezercic and Mikulic were sentenced, most of those questioned had already been answered. Impressed by Jezercic's wartime achievements, judge Ljubojevic took that as a mitigating circumstance, although adding that the fact that Jezercic was a Police Chief did not mean that he could do anything he liked. Judge sentenced Jezercic to the minimal prison sentence of one year because, after all, he was a commander in the war and a Chief of the Croatian Police, and such individuals do not deserve the same treatment as a despised slave. Mikulic was also found guilty for three crimes and given the minimal sentence of two years and ten months in prison. He was sentenced to a year in prison for every crime, and when those sentences are added up, the overall sentence is shorter by two months than the time Markan spent as a slave.

Silence of War Veteran Associations

With a burst of curses on the account of "red gentlemen", Jezercic, in his comment on the sentence, announced an appeal. However, unlike him, who had provided himself with a decent state pension and a grand restaurant, Markan remains homeless, dependent on social assistance and still overwhelmed by fear, especially now, when the one who kept him in slavery is again free. He faces a long court battle in which he will have to demand back the property that had been stolen from him, and it is absolutely uncertain, having in mind our judiciary, whether he will ever get it back. However, even if he gets a just financial compensation for the house in the center in the city, which he was forced to sell to Jezercic for DM3,000 [about $1,500], who will make up three and a half years he spent in slavery, beatings, fear and ultimately humiliation to which he was exposed?

Surprisingly, although he was a defender of Croatia, none of numerous war veteran associations raised its voice to protect Markan. Obviously, all of them have much important business to deal with - domestic and foreign policy of Croatia. His fate does not interest those brawny, tall, well fed men with crew cuts, with thick gold chains hanging around their necks, who every few days establish a new organization for the defense of the dignity of the Homeland War. Wasn't exactly Markan's case ideal for a demonstration of the reasons for their existence? They could have stood in defense of a war veteran who was not only treated unjustly but also humiliated and deprived of every human dignity.

And human dignity, one would think, is more important than the dignity of every war, even the Homeland War.

More about Markan case: Better Slave Than in Grave, slavery in Croatia, 5/20/00


Translated on April 4, 2001
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