UDBA – Croatia, the War, and the Future

Croatian Six – Judicial Review May Stand Tall On The Horizon Soon (40 Years On)

August 19, 2022 by inavukic 3 Comments

It was a story that captured the attention of the entire Australian nation, indeed of the world and stunned with disbelief and grief the entire Australian Croatian community. In February of 1979 six Croatian men were arrested in Sydney and nearby Lithgow on suspected activities in terrorism, i.e., alleged plan to plant bombs around Sydney, including a major water supply to the city. In 1981 they were each sentenced to 15 years of prison and always maintained their innocence of these crimes. Judicial review of this case and associated criminal convictions had been unsuccessfully applied for several times since then. Finally, though, the matter of justice for Croatian Six appears to have taken a new turn in the positive direction and a judicial review may occur soon.

In its deliberations and response to the February 2021 Sydney barrister Sebastian De Brennan and solicitor Helen Cook’s application for a review on behalf of three of the Croatian Six – Vic Brajkovic, Maks Bebic and Mile Nekic – sentenced to prison in 1981 for a conspiracy to commit bombing terrorist act, the NSW Supreme Court has in July 2022 designated Justice Robertson Wright to decide whether a judicial review should be held into the convictions of the Croatian Six indictments that are more and more appearing as trumped-up charges with planted evidence as a result of individual ASIO officers clandestine collaboration with communist Yugoslavia UDBa. The Croatian Case has frequently during the past decades been labelled as the greatest miscarriage of justice in the entire Australian history.

Justice Wright is likely to make his decision soon after examining De Brennan’s argument for a review and the NSW Crown Solicitor’s Office argument against a review. Among other material there are more than 5,000 pages of the court transcript from the dawn of the 1980’s which are filled with details demanding duly close attention.

Still, this provides the best hope ever that the Croatian Six may indeed soon come out of the dark tunnel of injustice and false accusations and receive the justice they deserve.

Soon after the 2019 publishing of Sydney based Hamish McDonald’s book on the Croatian Six case, “Reasonable Doubt: Spies, Police and the Croatian Six”, barrister Sebastian De Brennan and solicitor Helen Cook, with opinion from David Buchanan SC began working pro bono on a new application to the NSW chief justice.

To remind of the case things went down with the following events. In February of 1979 Vico Virkez, a man from former Yugoslavia, walked into the police station in the mining town of Lithgow and declared to the police that he was part of a Croatian conspiracy to plant bombs around Sydney that night. He was told to go home and not say anything to anyone about what he had said to the police. Later, writes Hamish McDonald, police arrived from Sydney, arrested him and his tenant Maks Bebic, and discovered crude gelignite bombs in Virkez’s old Valiant car. With names supplied by Virkez, police also raided three homes around Sydney, in each of which they found two half-sticks of gelignite in the possession of a total of five other Croatian Australians, Joe and Ilija Kokotovic, Anton Zvirotic, Vjekoslav “Vic” Brajkovic and Mile Nekic. Taken to the old Central Investigation Branch at the back of Central Court, the five confessed to the bomb plot, as had Bebic in Lithgow.

That was the police version, anyway, and along with Virkez’s account it was enough for a jury to convict the six men of conspiracy in a terror-bombing plan, and for Justice Victor Maxwell to sentence each of them to fifteen years’ jail in early 1981. Those decisions were upheld on appeal the following year. All served their time with maximum remissions for good behaviour and were out of prison by the end of the 1980s. Their jailing didn’t improve the Croatian community’s already blackened image at which Yugoslav communists, led by Serbs, worked very hard to achieve with lies and fabrications, writes McDonald.

Virkez, the informer, returned back to Yugoslavia soon after giving his statement evidence in Sydney court, and, given the case attracted a great deal of public interest in Australia, ABC Four Corners reporter Chris Masters travelled to Bosnia and Herzegovina and tracked him down in 1991. There, on camera, Virkez revealed that he was a Serb (not a Croat as he told the police in Australia), Vitomir Misimovic. He stated unequivocally that his evidence of the bomb plot against the Croatian Six had been false, that he had been coached in what to say in court by NSW police.

The Six Croats, Max Bebic, Vic Brajkovic, Tony Zvirotic, brothers Joe Kokotovic and Ilija Kokotovic and Mile Nekic were released from prison early, after serving a total of about 10 years with custody pre and during trial counted around the time of Chris Master’s investigations that early on pointed to possible interference with justice and on account of their good behaviour.

After the interview with Virkez featured on the ABC’s Four Corners, two defence lawyers from the original trial, David Buchanan and Ian McClintock, applied to the NSW attorney-general for the convictions to be reviewed. Three years after the broadcast, attorney-general John Hannaford (1992-1995) decided against a review on the advice of two senior state government lawyers, Keith Mason and Rod Howie — advice still not public because of claimed legal privilege.

In 2012, Australian Commonwealth Attorney General Nicola Roxon refused to meet with a group of Australian Croats, known as Justice4Six, who had repeatedly asked her to launch an investigation into the knowledge and actions of the Australian Intelligence Organisation (ASIO) and the Commonwealth Police related to the Croatian Six case. Her department responded that it would be “inappropriate” for the Attorney-General’s office to conduct a separate investigation, as an application for a review of the conviction was before the New South Wales Supreme Court from 1982.

The Australian Justice4Six group made the request for an investigation after an investigation by the Sydney Morning Herald, headed by Hamish McDonald, produced new material, which pointed to the truth of the claims that the whole thing was set up by the UDBA, the former Yugoslav intelligence service, then that information about UDBA’s involvement in the whole case had been covered up. New material that would indicate a need to review the convictions against the Croatian Six also emerged at this time, as noted by McDonald, from scholars like John Schindler of the US Naval War College about the murderous war waged on the Croatian diaspora by Yugoslavia’s security service, the UDBa, and Virkez’s withdrawal of evidence.

David Buchanan, joined by a younger lawyer, Sebastian De Brennan, put a fresh application for a judicial review to NSW chief justice Tom Bathurst, appointed after the Coalition had taken government in New South Wales the previous year. Bathurst asked an acting justice, Graham Barr, to assess whether a review was warranted. His assessment, relying on police evidence, saw no cause to prod into convictions.

In November 2016, though, another opening emerged. Military historians John Blaxland and Rhys Crawley published the third volume of the Official History of ASIO, covering 1975–89, the final years of the cold war. In a book vetted by the organisation and based on free access to its archives, they wrote that Virkez had been working as an informant to a suspected UDBa officer in the Yugoslavian consulate-general in Sydney, that ASIO regarded many of the alleged Croatian bombings as “false-flag” operations by the UDBa, and that ASIO had failed to note the seriousness of Yugoslav intelligence activity here. The result, they concluded, was the “wrongful conviction” of the Croatian Six, wrote Hamish McDonald.

In January 2018, certain files from the Commonwealth of Australia National Archives had been opened for the public including files on Vico Virkez. They show that he had been working with a communist Yugoslavia UDBa handler in the Yugoslav Sydney consulate for six months before the arrests.

After the arrests in 1979, ASIO quickly concluded Virkez was the man working with the UDBa officer and circulated this information around state police forces through an intelligence channel. The reaction at NSW police headquarters was dismay. Assistant commissioner Roy Whitelaw contacted ASIO to say that if the men’s defence team became aware of this information, “it could blow a hole right through the police case,” writes Hamish McDonald and continues: Under its chief at the time, Harvey Barnett, ASIO tried to tone down its assessment of Virkez from “agent” to mere “informant.” Barnett wrote in the file that this reduced the likelihood of ASIO’s being accused of having been party to a miscarriage of justice. Bob Hawke government’s attorneys-general, Gareth Evans and Lionel Bowen, then signed off on moves to prevent Ian Cunliffe, by then secretary of the Australian Law Reform Commission, from raising his misgivings regarding the suppression of evidence about Virkez, writes Hamish McDonald and continues:

As Whitelaw correctly saw, this blew a big hole in the case against the Croatian Six — not just the information itself but the act of hiding it. As the counsel for the NSW Crown, Reg Blanch QC, admitted in 1986, during the brief and forlorn attempt by the Croatian Six to appeal to the High Court, it was “almost automatic” that a miscarriage of justice would be created by failure to convey relevant evidence to the defence.

This cover-up was detailed in Hamish McDonald’s book on the affair, Reasonable Doubt: Spies, Police and the Croatian Six. Soon after its 2019 publishing, barrister Sebastian De Brennan and solicitor Helen Cook, with opinion from David Buchanan SC — began working pro bono on a new application to the NSW chief justice. This application is the basis upon which NSW Supreme Court has now, last month, given Justice Robertson Wright the task of advising the relevant authorities as to whether a judicial review on the Croatian Six case should be pursued. Finally, a glimpse of real hope for justice. Ina Vukic

Filed Under: Uncategorized Tagged With: ASIO, communist Yugoslavia secret police, Croatian Six, false terrorism indictment, Hamish McDonald, Helen Cook, Ilija Kokotovic, Joe Kokotovic, judicial review, Justice Robertson Wright, Max Bebic, Mile Nekic, NSW Suprene Court, Sebastian de Brennan, Tony Zvirotic, UDBA, Vic Brajkovic, Vito Virkez, Vitomir Misimovic

From the Trail of Communist Crimes Against Croatian Patriots

March 26, 2022 by inavukic 12 Comments

_{Đuro Zagajski (Djuro Zagajski) Murdered in Germany as part of Yugoslav communist purges 26/27 March 1983}

Former Yugoslavia was the most aggressive among socialist countries in using assassinations, murders, as a means of protecting the communist state and the communist party from its opponents. Over its 45-year existence, the UDBA, the Yugoslav State Security Service, murdered several dozens of its political enemies, mostly Croats, abroad. These do not include mass murders of hundreds of thousands of Croats immediately after World War Two whose remains lie in 1,000 pits and mass graves so far uncovered. To know that children or grandchildren of these murderers still enjoy the perks their ancestors received from the communist regime for participating in these murderous sprees sends shivers down the spines of all who hold justice dear. To know that some of the descendants of these communist murderers may be holding powerful positions in today’s Croatia is unthinkably cruel. We know, nothing has really been done in systematic processing of communist crimes committed against Croats in Croatia during the existence of former Yugoslavia. This tragedy, for sure, is one of the fundamental reasons why Croatia has not made progress with democracy in which the rule of law and justice are paramount.

Djuro Zagajski is just one of many Croatian emigrants, Croatian patriots, who fled communist Yugoslavia, who were closely monitored by the Yugoslav Intelligence Services UDBa even after they left Yugoslavia, with the goal of organising assassinations of Croats monitored. According to a report by the Council for the Identification of Post-War Victims of the Communist System Killed Abroad, which operated within the 1991-1999 Commission for the Identification of War and Post-War Victims, the Yugoslav Communist Service murdered 63 Croats abroad, however this number has risen to 74 by research completed in June 2020 (Tomislav Djurasovic). In addition, 25 Croats survived assassination attempts in the diaspora, 5 still considered missing and 5 kidnapped. Djuro Zagajski is one of about 30 Croats assassinated by Yugoslav communist secret services within the borders of Germany and to date nobody has been held responsible for his murder 39 years ago, this weekend.

_{Croatian patriots murdered by Yugoslav Secret Services UDBA by country in which they lived and by year} _{(Source: Tomislav Djurasovic)}

_{Top left: Croats missing in diaspora, Top right Croats kidnapped in diaspora in communist purges, Bottom columns: Croats who survived communist purges’ assassination attempts in the diaspora} _{(Source: Tomislav Djurasovic)}

After the quashing of the “Croatian Spring” in late 1971, which was a mass movement that lobbied for greater autonomy of Croatia within communist Yugoslavia, the Yugoslav communist Party headed by Josip Broz Tito admitted that even after hundreds of arrests and imprisonments much still remained to be done “to liquidate all the remaining chauvinist hotbeds in the society.” According to Tanjug, the official Yugoslav press agency, Croatia’s Communist party leaders made an appeal on 15 December 1971 to all organisations and members to join the fight against “nationalist aberrations.” Hence, the communist murderous hands extended to the Croatian patriots living outside Croatia and Yugoslavia with greater frequency and depraved viciousness.

The Croats made up 22 per cent of Yugoslavia’s 20 million inhabitants and had contributed the most towards Yugoslavia’s government revenue. The enormous economic problems of Yugoslavia that evolved had contributed toward reviving Croatian antagonism toward the central Government, which has diverted some of the revenues of Croatia’s highly developed industry for investments in more backward republics. Croatian Spring movement was to bring a better balance, but it caused an acceleration of assassinations, murders, and purges of Croatian patriots.

Djuro Zagajski, born on October 2, 1939, in Zagreb, attempted to escape from Yugoslavia several times as a minor. Political persecution and oppression by the communist Yugoslavia regime often resulted in murder or assassination of patriotic Croats within Croatia and within the diaspora to where multitudes fled. Djuro once succeeded to flee across the border, but was returned to Yugoslavia by the Austrian authorities, where he first spent two months in prison and was later sent to serve in the compulsory military service. Returning from the obligated service in the Yugoslav People’s Army to Zagreb, he was arrested again and sentenced to two years in prison for “enemy propaganda”. Finally, in July 1967, Zagajski again decided to flee Yugoslavia and went to Germany, where he was granted political asylum. In the following period, he took part in many demonstrations and public rallies against Yugoslavia and followed emigrant publications.

On 22^nd January 1982, the State Security Services (SDS) Operational Centre Zagreb initiated and began “Operational processing” of Djuro Zagajski.

The operational treatment of him was proposed by Zdravko Mustač, head of the SDS Zagreb Centre, and Josip Perkovic, head of the Second Department of the SDS Headquarters of the Socialist Republic of Croatia, and was approved by Vinko Bilic, the head of the SDS Socialist Republic of Croatia, while the operational processing had since been led by Milan Munjas, an operational worker of the SDS Zagreb Centre. (As a reminder both above mentioned Zdravko Mustac and Josip Perkovic were in 2016 both sentenced to life imprisonment by the German Court for abetting the murder of Croatian emigrant in Germany, Stjepan Djurekovic, as part of their role in the Yugoslav State Security Services/SDS, which was about purges of Croatian patriots and political opponents of communism.) The SDS Operational Processing of Zagajski as with all similar cases meant the drawing of pathways and information about the movements of the target with the aim of his assassination.

A person of special trust of Đuro Zagajski was Stjepan Mesek, who was an agent of the SDS Zagreb Centre under the code names “Karlo” and “Dubravko”. He was kept in communication pathways from November 1981 to March 1983 by Miso Deveric and Milan Munjas – employees of the Second Department of the SDS Centre Zagreb.

The associate that was known under the code name “Emin” was kept in the loop and operations by the employees of the SDS Varazdin Centre, Milan Tesla and Ilija Dodik, and as instructed by Josip Perkovic.

Dušan Sime Peris was hired on June 12, 1981, and his code name was “Dukat”.

Zlabnik Damir and Roguljic Mladen, employee of the Second Department of the SDS Zagreb Centre at the time when the head of the Centre was Franjo Vugrinec.

The statement of the associate “Jerko” dated December 2, 1982, signed by him says the following: “I, Branko Sklepic, born on January 7, 1947, temporarily working in the Federal Republic of Germany, Munich, voluntarily and without coercion, declare that I will undertake on a voluntary basis, to loyally provide data to Security Services. Since I am moving in the company of extreme emigrants in Munich, such as Zagajski Djuro, etc., I will share all the information, either in writing or in direct contact with the SDS service. ” “Jerko” was led by the employee of the Second Department of the SDS Zagreb Centre Damir Zlabnik, at the time when the head of the Centre was Franjo Vugrinec.

The collaborator “Pjesnik” was Miro Skrinjaric, led by employee of the Second Department of the SDS Zagreb Centre Miso Deveric, at the time when the head of the Centre was Franjo Vugrinec.

In addition to them, a certain Milan Doric also played a big role – under the code names of “Hanzi”, “Milan”, “Flora” and “Pagan”.

In the night between Saturday and Sunday, March 26-27, 1983, emigrant Djuro Zagajski, a native of Zagreb, was killed.

The dead body of Đuro Zagajski was found in the morning in an open field in the Pheasant Garden Park in Munich. Zagajski was a friend and collaborator of Stanko Nizic (killed on August 23, 1981, in Zurich), Stjepan Đurekovic (killed on July 28, 1983 in Wolfratshausen near Munich) and Luka Kraljevic (survived several assassinations).

Months before Zagajski’s murder, an associate of the Zagreb UDBa under the pseudonym “Karlo” submitted reports on the activities of Croatian emigrants in Germany and Switzerland. The main person in these reports was Djuro Zagajski.

Associate of the Varazdin UDBa under the pseudonym “Emin” in a statement dated February 25, 1983, a month before the murder, he claims that Djuro Zagajski has gained complete trust in him and that lately he has been able to mostly come to his apartment and stay longer, while he previously avoided going anywhere outside public places together. Now he is ready to drive alone with “Emina” in his car… preparing patriotic Croats for slaughter was the modus operandi leading to murder… the grotesque character of the communist Yugoslavia still haunts. Ina Vukic

Filed Under: Uncategorized Tagged With: communist crimes, communist purges, communist Yugoslavia secret police, Croatia, Djuro Zagajski, Duro Zagajski, murder s of Croatian patriots, UDBA, Yugoslav Secret Services assassionations of Croats

Communist Yugoslavia Secret Services Archives Needed To Fight Against Organised Crime

November 6, 2021 by inavukic 8 Comments

The report on cooperation in the fight against organised crime in the Western Balkans was adopted by the Foreign Affairs Committee on Tuesday 26 October 2021 by 60 votes in favour, 4 against and 6 abstentions. In the report Members of the European Parliament urged governments in the region to significantly increase their efforts to go forward with reforms in the rule of law and the fight against corruption and organised crime. The report says that the Western Balkan countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Kosovo, and Serbia) are countries of origin, destination, and transit for human trafficking, and they serve as a transit corridor for migrants and refugees and as a location for money laundering and firearms trafficking.

There is a lack of genuine political will in fighting the organised crime in these countries and MEPs want Western Balkan countries to address fully the shortcomings of their respective criminal-justice systems, including the length of legal proceedings. While not located within the Western Balkans for the matters addressed in this report, Croatia as a country that used to be a part of communist Yugoslavia until 1991 still has a great deal to answer for and fight against when it comes to organised crime and corruption.

The report said that Members of the European Parliament insisted that “fighting organised crime and advancing towards European Union integration are mutually reinforcing processes and call for an accelerated integration process.” The EU should, according to its Members of Parliament, support these efforts through financial assistance and practical cooperation. Call me a pessimist and a cynic in this if you like, but judging from the fact that organised crime and corruption are rooted in these societies of former communist regimes or similar political and social realities, the EU money dished out to root out corruption will be largely swallowed up by the same corruption, to feed itself, unless political power landscapes are changed in those countries or the EU actually controls every euro given and does not give money away.

As a member state of former Yugoslavia Croatia has also inherited widespread corruption as organised crimes from it. As such, Croatia could play a significant role in its input into fighting organised crime in those countries of Western Balkans that have their eye on being members of an extended EU member country because it possesses “inside knowledge” of organised crime. But given the alarming level of organised corruption still plaguing Croatia one must doubt as to whether much will change in Western Balkans on account of Croatia’s input. To be effective in this Croatia would need to shed most of its public administration heads and replaced them with those who have no links whatsoever with the corrupt echelons. Or, assisting the EU in this role from Croatia should be persons who would not qualify for lustration if lustration was to occur as well as not be a descendant, child, or grandchild of those who would qualify to be lustrated whether now living or not. It sounds like a big ask but, in essence, it is not because Croatia has quite a number of those who would qualify and who had during the life of former Yugoslavia either lived there or lived abroad as part of the diaspora.

Croatia’s criminal-justice system is certainly there where Western Balkans’ is and it needs a complete overhaul, however, we are not likely to see this occur while those aligned with the former communist Yugoslavia mental set control all aspects of public administration including judiciary.

The Report says that the main factors that make Western Balkans societies vulnerable, are the lack of employment opportunities, corruption, disinformation, elements of state capture, inequality, and foreign interference from non-democratic regimes such as Russia and China. Croatia, even after 30 years of seceding from Yugoslavia still has these problems plaguing its progress and everyday life.

Links between organised crime, politics and businesses existed before the break-up of Yugoslavia and have continued since the end of the conflicts of the 1990s, and Members of the European Parliament “condemn the apparent lack of will of the responsible authorities in the region to open the former Yugoslav archives and for files to be returned to governments if they want them.”

The report welcomes the conclusion of cooperation agreements between Eurojust and the governments of Albania, North Macedonia, Montenegro, and Serbia, as well as the authorisation to open negotiations with Bosnia and Herzegovina. MEPs urge the Council to authorise as soon as possible the opening of negotiations for a similar agreement with Kosovo.

It is of great interest to monitor how the recommendation from the Report that says that “Responsible authorities should open the former Yugoslav archives” will fare. Knowing the utterly corrupt persons that held the corrupt and criminal Yugoslavia together, influence of whom poisons many a responsible authority in former Yugoslavia countries, including Croatia, the opening of all archives is likely to be stalled for generations to come. Unless of course there comes a time when the political landscape changes and new generations, unpolluted by communist Yugoslavia nostalgia, come to be the authority that makes such decisions.

Suffice to say that there are multitudes of politicians in power or those holding authority in Croatia for whom the opening of Yugoslav archives would reveal alignment with UDBA (communist secret services in former Yugoslavia) communist purges operations and grand thefts for personal gain; an abominable, criminal past that included persecution and assassinations of anti-communist Croats and stealing public wealth for personal gains. Further problem for the opening of Yugoslav archives rests in the fact that when former Yugoslavia crumbled apart Serbia retained much of the archival material pertaining to the country’s federal depository held in its capital city Belgrade. Serbia did not do the decent thing and returned to all the former states of Yugoslavia their rightful archives – Serbia kept them all and it is not a member state of the European Union. Those archives would undoubtedly also reveal, among many other facts, the nasty historical fabrications Serbia has engaged in against its neighbouring countries, particularly Croatia and Bosnia and Herzegovina.

Communist Yugoslavia Secret Service files (UDBa) hide everything that the lustrated or those prosecuted for endangering human freedoms, political and civil rights, destroying families would be accused or members of the service lustrated or those prosecuted for endangering human freedoms, political and civil rights, destroying families and various blackmails and interfering in political and economic life and installing in political parties would be charged with. But Croatia’s criminal justice serves largely those it needs to protect from such lustration or prosecution. Secret service files hide everything unknown that would shed light on various historical and political deceptions, montages and that it would produce grounds for a different understanding of the 20^th century history that is based on facts rather than communist or Serb fabrications.

Plights by several Croatian politicians in the opposition to the HDZ or SDP governments since year 2000 for the opening of accessibility to all Yugoslav archives, wherever on the territory of former Yugoslavia they may be held, have been numerous. Lobbying for the opening of the archives has been quite rich. But all to no avail! Will EU succeed where others have failed!? The answer to the question “what is in those secret services files” appears with more urgency as Yugoslav secret services files continue to remain a “taboo topic” despite the landscape where, on surface, all the government officials and leaders swear to their personal commitment towards the truth! EU has been asking for access to those archives for over a decade and this Report regarding fighting organised crime on Western Balkans is just another notch in the string of asking.

The Report’s other significant recommendation is that political and administrative links to organised crime must be eradicated. This all sounds very great, just like the European Parliament’s declaration condemning all Totalitarian Regimes from the past some 12 years ago (2009). But the European Union authorities still to this day fail to punish or impose consequences upon Croatia for encouraging symbols of communist Yugoslavia totalitarian and murderous regime to thrive on the streets of Croatia that lost rivers of blood in the 1990’s while trying to secede from communist Yugoslavia. All this tells me that the European Parliament and the EU authorities have no real political will to contribute effectively to the achievement of recommendations from the Report on cooperation in the fight against organised crime in Western Balkans. I, for one, would love to see Yugoslav secret services archives open for all to access and study and show the truth but somehow, I fret that in my lifetime I will not see that without a miracle of political change. There appear to be too many individuals with power at some level within the countries’ machinery involved with organised crime in both Croatia and in the Western Balkans and only a miracle can rid the people of that scourge. The miracle, of course, can be shaped at the next general elections. Ina Vukic