Explaining its decision to return to custody Cermak and Markac, who were indicted together with General Ante Gotovina, the Trial Chamber said that General Cermak had failed to comply with conditions on provisional release and that it wished to hear from him an explanation regarding compliance with those conditions.
The ruling, signed by pre-trial judge Bakone Justice Moloto, requests the Croatian government to see that Cermak and Markac are transferred under police escort to the Dutch airport Schipol, from where they will be escorted to the ICTY's detention unit of Scheveningen, a Hague suburb, by representatives of Dutch authorities.
The trial of Gotovina, Cermak and Markac is scheduled to start in May.
General Gotovina was indicted in June 2001, and Generals Cermak and Markac in March 2005 for crimes against humanity committed against Serb civilians in the course and after the military and police operation "Storm" in the summer and autumn of 1995.
Cermak and Markac surrendered voluntarily to the ICTY immediately after their indictment was made public and in December 2005 were granted provisional release.
After hiding for four and a half years, Gotovina was arrested in Spain on 7 December 2005, and has been in the ICTY's detention unit since 10 December 2005.
All three generals pleaded not guilty at their initial appearance.
The ICTY's Appeals Chamber last October upheld the ruling of the Trial Chamber to join the proceedings against Gotovina with those against Cermak and Markac.
Globus weekly recently reported that Cermak had violated the tribunal's
rules by leaving his home three times and that therefore he should be
put back in custody. Between December 29, 2006 and January 4, 2007, Cermak attended a birthday party and a New Year's Eve party in Zagreb and a skiing race on Mount Sljeme overlooking Zagreb, Globus wrote.
The Croatian government last Thursday received a request from the Hague tribunal to check whether the indicted General Ivan Cermak was fully complying with the provisional release conditions.