Separovic said that HZD had filed its lawsuit against del Ponte in April with the then chairman of the UN Security Council, British Ambassador Emyr Jones Perry, and that the lawsuit had also been sent to the ICTY president.
In the lawsuit HZD requested the UN Security Council to immediately relieve del Ponte of her duties as Chief Prosecutor of the ICTY for "unlawful and dishonourable conduct", to order declassification of documents that prove the direct involvement of Serbia and Montenegro in the Yugoslav wars of the 1990s and to discuss the work of the Hague-based tribunal.
Separovic said that in early May HZD received a reply from Perry Jones, who said that the ICTY's Office of the Chief Prosecutor strongly dismissed the allegations and that the Security Council had neither the jurisdiction nor the capacity to become involved in the proceedings before the International Court of Justice (ICJ), and that the ICJ had decided not to seek the documents in question.
Separovic said that he then sent a letter to the new chairman of the Security Council drawing his attention to HZD's lawsuit and the fact that some of its demands had been met, such as declassification of some documents. He added that del Ponte admitted that she had not opposed protective measures for some documents and had agreed to removing the term "criminal enterprise" from the indictment against generals Rahim Ademi and Mirko Norac, who are to stand trial before the Zagreb County Court, while keeping the term in the indictment against generals Ivan Cermak, Mladen Markac and Ante Gotovina, to stand trial before the ICTY.