The Zagreb County Prosecutor's Office says that in the period from May 7 to mid-June 1945, contrary to international law of war, Boljkovac ordered the arrest and detention of a larger group of civilians from Duga Resa and surrounding villages accusing them of collaborating with the Ustasha authorities.

Those arrested, of whom six were identified, were interrogated for several days after which, acting on his order, the 3rd Company of the 1st Croatian Brigade of the Yugoslav People's Army took them away, killed them and buried them. One subordinate who disobeyed the order was shot near the railway, the Prosecutor's Office says on its website.

Boljkovac's defence counsel Anto Nobilo told Hina that he could only comment on the charges once he has received the indictment. "I have not seen the indictment and I don't know what evidence the charges are based on," Nobilo said.

He added that at the evidentiary hearing he did not see any evidence that could hold his client responsible but evidence may have been provided that he had not seen as yet.

Boljkovac was arrested on these charges on 2 November 2011 and even though he denied all the charges the investigating judge ordered that he be placed in custody. This decision was upheld by a non-trial chamber of the Zagreb County Court on appeal. However, later that month the Constitutional Court quashed the Zagreb County Court's ruling. Due to his age and poor health Boljkovac had spent most of that time in the Remetinec Prison's infirmary.

The prosecution considers him responsible because he acted contrary to the international laws and customs of war, the laws of humanity and the dictates of public conscience as provided by the 1907 Hague Convention respecting the Laws and Customs of War on Land.