The Prosecutor's Office requested a panel of judges of the County Court to quash the ruling on the suspension of the investigation and return the ruling on Glavas's release from custody to Judge Posavec for reconsideration, because it believes that rules of the criminal procedure were breached.
On December 2 Judge Posavec suspended the investigation of Glavas and ordered his release from custody because a team of doctors concluded that he was no longer fit to follow the proceedings due to his deteriorated condition, caused by a 37-day-long hunger strike.
The Office of the Prosecutor did not make the appeal public and it is not known what it is based on.
The press has recently speculated that the prosecution will challenge the conclusion of the three-member team of doctors that Glavas is not fit to follow the proceedings. The prosecution reportedly questions the credibility of the doctors' opinion because it was adopted only on the basis of a conversation with Glavas and without a medical examination which Glavas had consistently refused.
Zagreb County Court spokesman Kresimir Devcic said that the panel of judges did not have a deadline for a decision on the appeal against the suspension of investigation, but that it was bound to make a decision in two days on the part of the decision referring to the suspension of detention.
In case the panel of judges confirms Judge Posavec's decisions, they will become final and the prosecution will no longer have the right to appeal. If, however, it quashes and changes the decisions, Glavas's defence will have the right to appeal. The third possibility is for the panel of judges to request the investigating judge to reconsider his decisions, as partially suggested by the prosecution.
Devcic confirmed that the court had sent Judge Posavec's decision also to the European Commission's Delegation to Croatia, whose head Vincent Degert two days ago said that he would request the court ruling in order to try to understand what had happened.
Hina could not obtain information on the manner in which the EC Delegation requested Posavec's decision.
The spokeswoman for the Foreign Ministry, Ivana Crnic, late this afternoon could not check if the ministry's legal service had received such a request from the EC Delegation.
The investigation of Glavas at the Zagreb County Court started in June this year on suspicion that in 1991 he ordered the ill-treatment and murder of two Serb civilians and the torture of another three Serbs in Osijek. The investigation also referred to Krunoslav Fehir, who is defending himself in freedom.
Glavas is also one of the suspects in the murder of Serb civilians by the Drava river in Osijek in the winter of 1991/92. The investigation into this case was formally launched by the Osijek County Court.
The head of Glavas's medical team in Osijek, Dr. Aleksandar Vcev, this evening dismissed reports in some media that Glavas had suffered a stroke.
He added that Glavas had some neurological problems, which he said were understandable considering the duration of the hunger strike and lack of vitamins in his body.
Glavas's physical and mental condition is serious, but his life is not in danger, Vcev said, adding that Glavas would have died if his treatment had started a day later.