111/56 COMMITTEE HI. the Yugoslav Cases Hoa. 4031. 4032. 4033
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111/56 18 th September 1946. UNTIED NATIONS WAR CRIMES CnMMTSSION. COMMITTEE HI. The Yugoslav Cases Hoa. 4031. 4032. 4033. 4034. 4035, 40,36. 4037 referred to Committee III. 1. On 17th September 1946, the Yugoslav State Commission submitted to the Coranission seven charges (Nos. 4031 - 4037) concerning crJmeB committed on territoiy which, acoording to the Peace Treaties concluding the Urst World War, formed part of Italy. Copies of the seven charges are Annoxod to this paper. 2« The cases were considered by Committee I on 18th September 1946* Committee I decided to refer the cases to Committee H I for its opinion as to 'whether or not the alleged crimes should be considered as crimes against humanity and for what reasons* ANNEX. • Case No. ¿»031. Yugoslav Charges against Italian War Criminals. Qase No. R/tti$9, Name of the accused, their rank, units or official positions: 1. Giovanni CORTE, Generale di Divisione, Comandante della DifeBa Territoriale, Trieste. (f .1388) 2. Alberto FERRERO, Generale, Comandante del XXHI Corpo di Armata, Fiume(?) (F.1392) 3# Comandante della Divisiono Fanteria "NOVARA" Fiume (?) (F.1390) . 4« Comandante del 153 Keg* Fanteria (Fiume?)(F.1390) 5, Segretario Politico Fasoista di Mattuglie (Fiume) fP.139l) 6, Comandante del 255 ^eg* Fanteria (Fiume) (F.1393) Date and plaoe of camiaLssion of alleged crime; In March 1942, in the Julian March. Number and Description of crime in war crimes list: I, kurder and Massacres - Systematic Terrorism. XVIII Wanton Devastation and Destruction of Property. References to relevant provisions of national law; Violations of Articles'23(b), (c), (g) and 46, of the Hague Regulations, 1907, and Article 13 of the Yugoslav Military Courts Act, 1944. PURL: https://www.legal-tools.org/doc/860f2a/ -2- % Shnrt Statement of Faots: In 1942, Italian troops and their comnandsrs were responsible for war crimes oonraitted in the Julian March, such as the killing of people and the setting of houses on fire. Particulars of allogod crime: In July, 1942, Carabinieri at Pola arrested 21 men suspectod cf belonging to the Partisans* They had already imprisoned 44 for the same reason, bringing tho total to 65. 2. On July 4th 1942, Carabiniere at ^ola, in a report stated that they had discovered in the Julian March a large Yugoslav organisation attached to the Partisan movement and had arrested 9 men and imprisoned them with 35 others previously arrested for the same reason. 3* On July 7th 1942, Carabinieri surrounded the house of Jakob BRAJAN and as they received no reply to their sumnons, opened fixe on Hie people • inside« Two students from Zagreb were wounded and arrested as well as two other men. The Political. Cbmnissar from Mattuglio (Flume) '"‘N ordered the house to be burned down as a reprisal* This is stated in an—'' Italian official report dated July 9th, 192*2. 4* On July 15 1942, an Italian military lorry was attacked by Partisans, four Italian soldiers boing killed and eleven wounded. On July 19th, on the ordors at the O.C. XXIII A m y Corps, 18 year old JOS IP VRH was shot at the back of the Villa del Nevoso (Smeznik) near Flume "because he confessed that he. belonged to the above-named •partisans'," According to the official Italian report VRH was shot without trial. 5« On July 18th 1942, near the hill of Sigkleno (Susak), Italian soldiers, during a mopping up action, attaoked Partisans and captured three without loss fc themselves. They shot all three prisoners without trial. 6. On July 19th 1942, on the orders of the O.C. "NOVARA" Infantry • Division, soldiers cf the 153 Infantry Regiment, near Fiume (oanmune Fontana del Conte) sot fire to the house of a woman, Antonia LOGAR, who was arrested on suspicion of favouring the Partisans. -Bie O.C. ^ 153 Infantry Regiment is responsible for this orlme coradLtted by his troops, 7« On August 2nd 1942, soldiers of 255 Infantry Regiment, near the village of Sonozece (near Trieste) opened fire with their rifles and threw hand grenades at Joaip INC AND, a peasant, and Josip PANGARA, mobilized by the 59 Legione CCNN, and killed them as they had not halted at onoo when challenged. They were out without passes during tho curfow. ^hc O.C. 255 Infantry Regiment is responsible for this crime. On the same day an Italian military patrol at the village of Krusevje (near Trieste) caught Simoni METODI, a painter, without a pass in the curfew zone. On their way to the barracks ho "tried to escape" and 7ms shot dead by the Italians. On the same night they killed Alojz ERALJA in tho village of Strane and gravely wounded Josip SEVERIN in the villngo of Veliko Brdo for tho ssine reason. 8. General Alberto.FERRERO in his lottor of Docomber 10, 1942, said that during a mopping up action, two armed rebels woro captured, and ono of thorn was killed as they alleged ho tried to escape. Particulars of Bridenco in Support: Tho above particulars wore taken from official Italian documonts captured by the Yugoslav Army. PURL: https://www.legal-tools.org/doc/860f2a/ f — # -3- Ca3Q No. 4032, 1« Yugoslav Charger against Italian War Criminals. Cane No, R/lt/204. Nano of accused. hi3 rank and unit, or official positions: 1, Mignani, from Ferrara, about 40 yearn old, Major of the Fascist Militia at Pola, (F.37^5)* 2, Italian Fascist Garrison at POLA. Date and place of commission of alleged crime: On the night 8/9 January, 1944, in the village of BOKARDICA, Number and description of crime in wtr crimes list: 1. Murder and id ass acres, Systematic Terrorism. III. Torture of Civilians. VIII. Internment of Civilians under Inhuman Conditions. XIII. Pillage. XVIII. Wanton Devastation and Destruction of Property. References to relevant proves:.ons of natloiA-J. law; Violation of .articles 4,3>23(o), (c), (g), 46 and 47 of the Hague Regulations, 1907, and article 3, para. 3, of the Lav/ concerning Crimes against the People and the State. Short Statement of Facts: On the night of January 8/9, 1944.. the Italian garrison at POLA, under the command of ¿iajor j,iIGNANI, together with the German garrison, pillaged end set fire to houses in the village of BOKARDICA, murdered and deported people, i- ..w * /-? d Particulars of Allege; Crim^: On the night of January 8/9, 1944. armed Italian and German troops from the garrisons at FOLA entered the village of BOKaRDICA (in Istria) and, without any provocation from the inhabitants or from partisan units which were in the neighbourhood, took people out of their houses and assembled them in groups under strong guard. Those who did not execute their orders were killed on the spot or tlirown alive into the burning houses. They tortured and killed m w y people in the presence of their relatives, Piljan FOSKA had to witness the torture and death of her two grandsons. The Italians and Germans looted and set fire to houses, killing 33 people between the ages of 16 and 70, Others were taken in lorries to POLA whence they were sent to concentration Cantps in Germany, They threw out of a fast moving lorry and killed a men because he was too old and unable to work. MIGNANI led the Italian troop3 and tool: part in the above-mentioned atrocities, particulars c:‘ Evidence in Support: Above particulars were given to the Yugoslav State Commission by reliable witnesses and vjctimo. PURL: https://www.legal-tools.org/doc/860f2a/ YugogTay Charges against Italian War Criminals« Case No« I^Zt/206* Names of aocused. their rank or unit, or official position« 1« Aldo EEEROTTI, Tenente, Cocroandante, Milizao Batt« Cost« IV* Compagnia, at HAVE ANHOVO. fF 4322] 2. PINI, Sottotenente« [F 4321 3« Michele SABA., Sottotente, F 4323; 4* Karel BARDINI, Waresoiallo. F 4324 5. Vincenzo OBLA, Uaresoiallo« F 4325, 6« ■ VEWTOHUZZO, Vice Brigadiere, F 4326 7. CAROSSI, Vice Brigadiere« [P 4327 8. DCtSENICI, Caporale -maggiore I > 4328] 9. Federico BATTISTI, from RJLFERIA, Caporale- maggiore* (F 4329) 10« Giorgio MARIOTTI, • milite« F 4330 .11, ELOS, Milite. F 4331 12« CAMPASSI, Milite. F 4332 13. SCOLARI, Milite. >F 4333, . 14. SECCHI, Milite. (F 4334; 15. CASAGRANDE, Milite. (F 4335) 16. FERRARI, Milite. (F 4336) 17. CESARINO CAIER, Milite. F 4337) Date and place of commission of alleged crime: On February 13 and 23. 1945, at FLAVE-ANHOVO (in Venezia Giulia, Zone "B"). Number and description of crime in war crimes list: II. Putting Hostages to Death. References to relevant provisions of national law: Violation of Articles 46 and 50 of the Hague Regulations, 1907, and Article 3, para. 3,.of the Law concerning Crimes against the People and the State, 1945. Short Statement of Facts: 1. On the orders of PEDROTTI nine hostages were shot on February 13» 1945» on the road between ANHOVO and LOZICE. 2. On February 22, 1945, three women were arrested by the Fascists and the next day shot by the Italian garrison on the road between ANHOVO and KANAL, on the excuse that they attempted to escape. EEDROTTI gave the order for the excutions which were carried out by PINI, SABA., BARDINI and others of the above-mentioned accused, who all partioapted in the execution of the hostages« MARIOTTI was especially brutal on this occasion«- Particulars of Evidence in Support: The above-mentioned particulars were given to the Yugoslav State Commission by reliable* witnesses« PURL: https://www.legal-tools.org/doc/860f2a/ Yugoslav Charges against Italian Vfar Criminals Case No. R/Et/207, Name of accused, his rank and unit. or official position: 1. TURCHET, about 30 years old, Sergente Maggiore, garrisoned at LUF0GLA.V in Istria, (P 3763) 2« Italian Fascist garrison and a German garrison at LUPOGIAV.