Explaining the proposal to refer the trial of Mile Mrksic, Veselin Sljivancanin and Miroslav Radic, Prosecution representative Susan Somers said the principle which had precedence in such cases was that the accused should be tried in the country where the crimes were committed, namely Croatia. However, Serbia and Montenegro asked to try the three men because they are its citizens.
Somers said the trial of JNA officers charged with command responsibility would be in harsh contrast to the trial of the direct perpetrators of the massacre at Ovcara, which is being held in Belgrade. Serbia and Montenegro representatives said the Ovcara trial should give the country precedence in getting the Vukovar Three case.
Administration Minister Rasim Ljajic said the Ovcara trial showed that the Serbia and Montenegro judiciary was capable of holding trials by the highest international standards. He added that joining the proceedings would guarantee unity of justice.
Ljajic said referring the trial to Serbia and Montenegro would also help the public face the crimes that had been committed and contribute to reconciliation in the region. He added that referring the trial to Croatia would create opposition to the Hague tribunal among the Serbian public.
The indictment issued in 1995 charges Mrksic, Sljivancanin and Radic with the killing of 264 Croatian wounded soldiers and civilians who had been taken from a hospital in Vukovar and taken to Ovcara farm on November 20, 21, 1991.
The defence said they doubted their clients could be given a fair trial in Croatia due to public and government pressure, among other things.
Borivoj Borovic, Novak Lukic, and Miroslav Vasic quoted the latest report by the OSCE Mission to Croatia, which said that about 500 Serbs in Croatia were sentenced in absentia, some witnesses were intimidated and killed, and that war crimes trials were irregular.
They also said that there was no immunity in Croatia for potential witnesses from Serbia and Montenegro, including the 17 men on trial for Ovcara, and that out of fear they would refuse to testify in Croatia.
Croatia's positions will be presented later today by Assistant Justice Minister Jaksa Muljacic and Justice Minister Advisor Zeljko Horvatic.
The trial chamber will decide about the referral of the trial at a later date.