Decree on the Establishment of Courts-Martial
Describing his encounters in the NDH, dissident and former Communist Party official Milovan Djilas in his memoir Wartime writes that "We knew of the circulating drumhead courts-martial and of Pavelic's 'laws,' which contained few articles but always decreed the death sentence." The following is the complete text of the decree which established those courts-martial; the only legal sentence permitted was death by firing squad. It is important to keep in mind that the Ustase court-martial was intended for civilians, not officers or military personnel, and the date of the decree - May 17, 1941 - predates any large scale uprising within the Independent State of Croatia. In fact, the court-martial, replacing ordinary courts, became exclusively an instrument of repression. A guilty sentence meant immediate execution, as Articles VIII and IX make clear. Pavelic's legal background as a lawyer in the 1920s - and his promotion of Mirko Puk, one of the most intolerant and brutal Ustase leaders, as Minister of Justice the month before - would suggest that repression was precisely the desired result.

 

On the recommendation of the Minister of Justice I authorize and declare this

DECREE
on courts-martial

 

Article I

Courts-martial established within district courts are defined as extraordinary courts for the prosecution of criminal acts listed under Article II of this decree, when the Minister of Justice sets up a court-martial for the area of a district court. The court-martial must act in this area in a comprehensive manner.

 

Article II

To the court-martial the following cases shall be sent:

1. one who commits any of the criminal acts outlined in Articles 154, 167 Sections 1 and 2, 188, 189, 191, 201 Sections 1 and 2, 206, 207 Section 1, 209 and 326 to 328 of the Criminal Code of January 17, 1929;

2. one who, after a certain deadline set by the public appeal of the authorities, does not turn over firearms and sidearms for which he does not own a permit;

3. one who hides or in any other way aids individuals whom he may suspect have violated the acts listed in this Article under Section 1 or those preparing to violate those acts.

For every criminal act committed from the day of the establishment of the court-martial, the penalty of death by firing squad is determined.

 

Article III

The court martial can only be convened by the authorization of a state attorney.

 

Article IV

The court-martial consists of a council of three judges. One of those judges does not need to be a lawyer, but the council must be presided over by a lawyer.

The entire procedure against an accused person must be heard from beginning to end in front of the convened court, and if possible without interruption.

 

Article V

The procedure before the court-martial is public and oral.

Discussion in front of the court-martial begins with an oral indictment by the state attorney.

If the defendant does not chose an advocate, he will be assigned one by the court to ensure the regularity of the process.

The procedural regulations of the Criminal Code of February 16, 1929 are to be applied, unless determined otherwise by this decree.

The procedure must be limited to proving the criminal act by which the court-martial was convened.

Procedural compensation as a result of the court-martial is not to be given.

As soon as the procedure is over, the state attorney must elaborate his final proposition. The defendant and his advocate always have the right to respond to the state attorney. After the speeches by the prosecution and defense are concluded, the presiding judge closes the discussion.

 

Article VI

Immediately following the conclusion of the discussion, the court determines its verdict in a closed session, which is then made public.

If the defendant is found guilty, the court-martial must declare a sentence of death by firing squad.

 

Article VII

The record of the discussion and of the ruling of the court-martial must be signed by all judges and the clerk.

 

Article VIII

Against the conviction of the court-martial no legal remedy is permitted, and an appeal for pardon has no power of delay.

 

Article IX

The death sentence must be carried out by a firing squad three hours after conviction.

 

Article X

Except for the acts outlined Article II Section 2, a court martial will prosecute only those criminal acts of Article II committed after April 6, 1941, if the court martial is convened within the three months following this decree's propagation.

 

Article XI

The establishment of this decree is entrusted to Minister of Justice.

 

Article XII

This decree gains legal power on the day of its publication in Narodne novine.

 

In Zagreb, May 17, 1941
Number LXXXII.-148-Z. p.-1941

 

Poglavnik
Dr. Ante Pavelic [by his own hand]

Minister of Justice:
Dr. Mirko Puk [by his own hand]

 

:: filing information ::
Title: Decree: On the Establishment of Courts-Martial
Source: Private Collection, translated by Sinisa Djuric
Date: May 17, 1941 Added: June 27, 2003