location: Kuline are the former JNA (Yugoslav People’s Army) barracks situated at the southern part of the town of Šibenik, next to the Mandalina port. The barrack’ premises were also used as a military prison. In the beginning of 2012, the former barracks’ main building was torn down to be replaced by a luxury hotel and a marina which can receive mega yachts and ships at Mandalina port.

time: 1992 — 1993

description of crime: On 2 March 1992, the Croatian army entered Nos Kalik village and captured 21 members of the Serbian Krajina Army, transported them and imprisoned them in the Šibenik military prison Kuline. Physical and psychological abuse was a daily occurrence at the prison. Guards beat prisoners with their legs and arms, they used rubber batons, rifle butts, electric cables and other objects to beat prisoners on the head and all over the body, tortured them with stripped electric wires and used electric shocks. Some prisoners were forced to have sexual intercourse. Apart from prisoners of war at least four civilians were detained in Kuline prison. Detained civilians were physically and mentally tortured every day, one of the women was repeatedly raped and forced to have sexual intercourse with one of the detained civilians. Total number of persons, both prisoners of war and civilians, who passed through Kuline prison, has not been established so far.

judicial consequences: Former Special Police members Tvrtko Pašalić, Željko Maglov, Damir Boršić and Milorad Bajić were charged with war crimes against prisoners of war in Kuline. A panel of judges of the County Court in Split abolished detention for the prisoners. At the Split County Court, proceedings were conducted against the former Kuline military prison commander Damir Boršić and against his colleague from the 72nd Battalion’s second company, Miroslav Periša. They were charged with war crimes against civilians at the Kuline military prison in 1993. The trial chamber considered that evidence was not sufficient and suspended the proceedings. County prosecution appealed to the Supreme Court which overturned this ruling, confirmed the validity of the indictment and retrial is now underway. The trial for the crime against prisoners of war in Kuline started before the County Court in Split. The County Court prosecution has indicted four persons: Tvrtko Pašalić, Željko Maglov, Damir Boršić and Milorad Paić. All of the accused remain out of detention during the trial. Before the same court, a separate trial for war crimes against civilians detained in Kuline is also under way against the third defendant, Damir Boršić. The trial is still under way.

A woman, who was repeatedly raped over the course of 10 days in military prison in Kuline by guards and other unknown people, witnessed through a video link. In February of 2017 Ministry of Croatian Veterans denied the aforementioned victim of her victim status and rights guaranteed by Act on the Protection of Victims of Sexual Violence in War.

The Ministry offered further explanation: “Committee for victims of sexual violence concluded, based on evidence, that the aforementioned wasn’t a victim of sexual violence during the Homeland war.” Although legal process is not a precondition for acquiring the status, in this case not even that was enough.