Trial of Mihailović et al.

The Trial of Draža Mihailović et al., or the Belgrade Process (Serbo-Croatian: Beogradski proces / Београдски процес), was the 1946 trial of Draža Mihailović and a number of other prominent convicted collaborators for high treason and war crimes committed during World War II.

Defendant Dragoljub Mihailović in 1946. He was rehabilitated in 2015 and his conviction was held to be "null and void".

Mihailović was tried as a leader of the Chetnik movement during World War II (the "Yugoslav Army in the Fatherland", JVUO). His co-defendants were other prominent figures of the movement and members of the Yugoslav government-in-exile, such as Slobodan Jovanović, along with members of ZBOR and of the Nedić regime like Velibor Jonić.[1] The trial opened on June 10, 1946, before the Military Council of the Supreme Court of the Federal People’s Republic of Yugoslavia, and lasted until July 15, 1946. The trial opened in the presence of about 60 foreign journalists.[2] The court was located in the Summer Hall of the Infantry Training School at Topčider in Belgrade.

In 2015, a Serbian court rehabilitated Mihailović and overturned his conviction, ruling that it was a communist political show trial that was fundamentally and inherently unfair.[3][4]

Indictment

The accused were tried before a military court. The President of the council was Mihailo Đordević and the members Milija Laković and Mihailo Janković, with Todor Popadić as secretary. The assistant judges were Nikola Stanković and Radomir Ilić. The prosecutor was Miloš Minić, a high-ranking government official who took part in Tito-Mihailović negotiations in 1941. The assistant prosecutor was Miloš Jovanović.

Mihailović and others were tried mainly for their activities against Allied forces, the Yugoslav Partisans, for collaboration with the Germans and for war crimes against civilians. Mihailović was indicted on 47 counts. He was found guilty of all charges and sentenced to death.[5]

The Allied airmen he had rescued in 1944 were not allowed to testify in his favor. Only two women came to testify in favor of Mihailović. Reportedly, they were heckled by the audience and, after the trial, submitted to a professional interdiction.[6] At the trial the witness that appeared were: Dušan Simović, Radoslav Đurić, Jovan Škavović, Miša Simović and Milan Grol.

Indictees
Confrontation of Draža Mihailović and Dragi Jovanović on trial in Belgrade 1946.
Draža Mihailović under trial.
Confrontation of Draža Mihailović and Tanasije Dinić.
Rade Radić (far left), Slavoljub Vranješević (next to Radić) and Dragi Jovanović (right) during the trial.

The accused were, in the order their names were read out at the trial:

No. Indictee Position Defender(s) Penalty[7] Notes
1Draža MihailovićLeader of Chetnik movementNikola Đonović and Dragić JoksimovićDeathExecuted on 17 July 1946
2Stevan MoljevićPresident of Executive board of Chetnik Central National Committee (CNK)20 yearsDied in prison
3Mladen ŽujovićMember of CNK
Commander of Chetniks in Dalmatia, Lika and western Bosnia (1943-1945)		Nikola RadovanovićDeath (in absentia)
4Živko TopalovićVice President of Executive board of CNK20 years (in absentia)
5Đuro VilovićSecretary of the Executive Board of CNKMilan Omčikus7 years
6Rade RadićMember of CNK
Commander of Chetnik detachment Borja		Lazar VučetićDeathExecuted on 17 July 1946
7Slavoljub VranješevićChetnik commander of western Bosnia (1943-1945)Blažo Radović20 years
8Miloš GlišićCommander of Požega Chetnik Detachment and Sandžak Military Chetnik DetachmentDeathExecuted on 17 July 1946
9Slobodan JovanovićPrime Minister in Yugoslav government-in-exile (YGE) (1942-1943)Miloš Terzić20 years (in absentia)
10Božidar PurićPrime Minister in YGE (1943-1944)Pavle Miljaković16 years (in absentia)
11Momčilo NinčićMinister of Foreign Affairs in YGE (1941-1943)David Alkalaj8 years (in absentia)
12Petar ŽivkovićMinister without Portfolio in YGE (1943-1945)Pavle MiljakovićDeath (in absentia)
13Radoje KneževićMinister of the Royal Court in YGE (1941-1943)Slobodan Subotić10 years (in absentia)
14Milan GavrilovićMinister of Justice, Agriculture, Supply and Food in YGE15 years (in absentia)
15Živan KneževićMilitary liaison officer between the Chetniks and government-in-exileDragutin Tasić20 years (in absentia)
16Konstantin FotićAmbassador to USA of government-in-exile20 years (in absentia)
17Dragomir "Dragi" JovanovićNazi appointed Major of Belgrade
Chief of State Security		Slavko DukanacDeathExecuted on 17 July 1946
18Tanasije DinićDeputy Commissar of Interior in Commissioner Government
Minister of Interior (1942-1943) and Minister of Social Policy and Health (1943-1944) in Government of National Salvation		Bogoljub JovanovićDeathExecuted on 17 July 1946
19Velibor JonićCommissar of Education in Commissioner Government
Minister of Education in Government of National Salvation		Milan ŽivadinovićDeathExecuted on 17 July 1946
20Đura DokićMinister of Transportation in Government of National Salvation (1941-1942)Dragoljub JoksimovićDeathExecuted on 17 July 1946
21Kosta MušickiCommander of Serbian Volunteer CorpsĐorđe ĆirićDeathExecuted on 17 July 1946
22Boško PavlovićAssistant to commander of Serbian State Guard and State undersecretary in Government of National SalvationSlobodan SubotićDeathExecuted on 17 July 1946
23Laza MarkovićSignator of Appeal to the Serbian NationAleksandar Nikolić6 years
24Kosta KumanudiSignator of Appeal to the Serbian NationFriedrich Pops18 months

Out of the twenty-four accused individuals mentioned above, ten were tried in absentia.

Foreign accreditation

Teams were sent by the agencies TASS, ČTK, PAP, Reuters, Associated Press, Agence France-Presse, United Press, Overseas News Agency, International News Service, the Jewish Telegraphic Agency, Tele Press, the Albanian Telegraphic Agency and the following newspapers: Pravda, Izvestia, The Times, the Daily Worker, The New York Times, the New York Herald Tribune, the News Chronicle, the Daily Express and others.

Verdict
Reading the verdict on Belgrade process. From left to right standing: Mihailović, Moljević, Vilović, Radić, Vranješević, Glišić, Jovanović, Dinić, Jonić, Dokić, Mušicki, Pavlović, Marković and Kumanudi.

Mihailović is quoted as saying, in his final statement, "I wanted much; I began much; but the gale of the world carried away me and my work.".[8] "Gale of the world" is sometimes translated "Winds of War."

Verdict was read on 15 July 1946. Mihailović and ten others were sentenced to death by a firing squad (two in absentia).[7] An appeal was rejected on 16 July and the nine were executed on 17 July. The others in the process were convicted to penalties ranging from 18 months to 20 years in prison.[7]

Reactions

In six days of questioning by the public prosecutor, Mihaylovitch admitted to guilt on practically all counts, although he appears to have done his best to shield behind a plea that he was a victim of circumstance and of the disobedience of his own commanders in the field.[2]

— Basil Davidson

The trial showed, according to historian Jozo Tomasevich, that Mihailović had never had firm and full control over his local commanders.[9] A committee for the fair trial of General Mihailovic was set up in the United States, but to no avail.

Diplomat and author Walter Roberts stated that the trial was "anything but a model of justice" and that "it is clear that Mihailović was not guilty of all, or even many, of the charges brought against him" though Tito would probably not have had a fair trial either, had Mihailović prevailed.[10]

At the time of the trial, there were protests from the Americans and the French, although both were moderated by their interest in the new government.[11]

According to Mihailović biographer Jean-Christophe Buisson, one of Mihailović's lawyers, Dragić Joksimović, was arrested a few days after the execution and died in prison under unclear circumstances.[12]

Modern views

More recently, there have been calls for a retrial and/or rehabilitation. Momčilo Ninčić have been officially rehabilitated in 2006 and Slobodan Jovanović in 2007 by Serbia.[13] In 2015, a Serbian court invalidated Mihailović's conviction. The court held that it had been a Communist political show trial that was controlled by the government. The court concluded that Mihailović had not received a fair trial. Mihailović was, therefore, fully rehabilitated.[14][15][16]

Proceedings
Date Event
13 MarchMihailović is captured.
24 MarchAleksandar Ranković announces the capture of Mihailović, as well as charges against him.
2 AprilThe US State Department announces it has requested that American Army personnel be allowed to testify at the trial.[17]
17 MayThe trial is delayed to 10 June.
10 JuneThe trial begins.
15 JulyDeath sentence delivered to Mihailović. He is given eight and a half hours to appeal to the Yugoslav Presidency.
16 JulyAppeal is denied by the Presidency.
17 JulyExecution by firing squad is carried out.

References
  1. Jean-Christophe Buisson, Le Général Mihailovic : héros trahi par les Alliés 1893–1946, Perrin, Paris, 1999, page 262
  2. "Basil Davidson: PARTISAN PICTURE". www.znaci.net. Retrieved 4 January 2019.
  3. "69 years after execution, WWII general gets Nazi treason conviction tossed". www.cbsnews.com. Retrieved 4 January 2019.
  4. "Serbia rehabilitates WWII royalist killed for collaborating with Nazis". Reuters. 14 May 2015. Retrieved 4 January 2019 – via www.reuters.com.
  5. The trial of Dragoljub-Draža Mihailović stenographic record and documents from the trial of Dragoljub-Draža Mihailović.
  6. Jean-Christophe Buisson, Le Général Mihailovic : héros trahi par les Alliés 1893–1946, Perrin, Paris, 1999, pp 260–263
  7. File:Presuda Drazi Mihailovicu i ostalima.pdf, Original convictions document
  8. One Who Survived, Time, 7 October 1957
  9. Jozo Tomasevich, The Chetniks: war and revolution in Yugoslavia, 1941–1945, Stanford University Press, 1999, pp 462–463
  10. Walter R. Roberts, Tito, Mihailović and the Allies 1941–1945, Rutgers University Press, page 307
  11. Martin, David. Patriot or Traitor: The Case of General Mihailović: Proceedings and Report of the Commission of Inquiry of the Committee for a Fair Trial for Draja Mihailović. Hoover Archival Documentaries. Hoover Institution Publication, volume 191. Stanford, CA: Hoover Institution Press, Stanford University, 1978.
  12. Jean-Christophe Buisson, Le Général Mihailovic : héros trahi par les Alliés 1893–1946, Perrin, Paris, 1999, page 271
  13. "Rehabilitacija Slobodana Jovanovića". Nedeljnik Vreme. November 2007. Retrieved 4 January 2019.
  14. "Court rehabilitates WW2-era Chetnik leader Draza Mihailovic - English - on B92.net". B92.net. Retrieved 4 January 2019.
  15. "Serbia Rehabilitates WWII Chetnik Leader Mihailovic". www.balkaninsight.com. 14 May 2015. Retrieved 4 January 2019.
  16. "Draza Mihailovic rehabilitated", May 14, 2015, InSerbia.
  17. U.S. Defends Mihailovic in Note to Yugoslavs, The Milwaukee Sentinel – Apr 3, 1946.

Further reading
  • Marcia Christoff Kurapovna (2010). Shadows on the mountain: the Allies, the Resistance, and the rivalries that doomed WWII Yugoslavia. John Wiley and Sons. ISBN 978-0-470-08456-4. chapter 10
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