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Trial chamber partially sustains objections from Gotovina defence team

ZAGREB/THE HAGUE, March 20 (Hina) - The trial chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) that is in charge of the Gotovina, Cermak and Markac case, has accepted a part of objections sent by the defence team for General Ante Gotovina concerning some ambiguities and inaccuracies in the indictment against the three Croatian generals.
ZAGREB/THE HAGUE, March 20 (Hina) - The trial chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) that is in charge of the Gotovina, Cermak and Markac case, has accepted a part of objections sent by the defence team for General Ante Gotovina concerning some ambiguities and inaccuracies in the indictment against the three Croatian generals.

The trial chamber on Tuesday ordered the prosecution to submit further explanations by Monday, 26 March.

Some sections of the indictment that should be further precised are whether General Gotovina was the superior of General Ivan Cermak only in the latter's capacity as commander of the Knin garrison or also in Cermak's capacity as a Croatian government representative who also had powers over the civilian police.

The prosecution should explain whether Gotovina had effective control over forces cited in the indictment.

The defence also insisted that the prosecution should precisely define the "area" where the joint criminal enterprise was in operation.

The prosecution is required to explain "disappearance" of some victims who were cited in the initial indictment against General Gotovina but whose names have not been mentioned in the joint indictment against Cermak, Markac and Gotovina after the joinder of their cases.

Generals Ante Gotovina, Ivan Cermak and Mladen Markac are charged with crimes committed at the time of the 1995 Operation Storm. The indictment charges them with crimes against the Serb population committed before, during and in the aftermath of the operation, between July and September 1995, through ethnic cleansing devised as part of a joint criminal enterprise.

The commencement of the trial is scheduled for 7 May.

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