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 the result of 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.
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."
The 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 remaining defendants were sentenced 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]
The trial showed, according to historian Jozo Tomasevich, that Mihailović had never possessed 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[by whom?] for a retrial and/or rehabilitation. Momčilo Ninčić was 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 March
Mihailović is captured.
24 March
Aleksandar Ranković announces the capture of Mihailović, as well as charges against him.
2 April
The US State Department announces it has requested that American Army personnel be allowed to testify at the trial.[17]
17 May
The trial is delayed to 10 June.
10 June
The trial begins.
15 July
Death sentence delivered to Mihailović. He is given eight and a half hours to appeal to the Yugoslav Presidency.
16 July
Appeal is denied by the Presidency.
17 July
Execution by firing squad is carried out.
References
^Jean-Christophe Buisson, Le Général Mihailovic : héros trahi par les Alliés 1893–1946, Perrin, Paris, 1999, page 262
^Jozo Tomasevich, The Chetniks: war and revolution in Yugoslavia, 1941–1945, Stanford University Press, 1999, pp 462–463
^Walter R. Roberts, Tito, Mihailović and the Allies 1941–1945, Rutgers University Press, page 307
^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.
^Jean-Christophe Buisson, Le Général Mihailovic : héros trahi par les Alliés 1893–1946, Perrin, Paris, 1999, page 271
^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. ISBN978-0-470-08456-4. chapter 10
