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Vukovar County Court head criticises transfer of cases from east. Croatia; Prosecution dismisses criticism

ZAGREB, Aug 11 (Hina) - The president of the Vukovar County Court AnteZeljko has assessed that more and more frequent examples of thetransfer of the jurisdiction in court proceeding from courts inSlavonia (eastern Croatia) to other county courts contribute to agrowing lack of confidence in the judicial system. However, the StateProsecution responds saying that transfers of court cases have notbeen carried out because of distrust in judges or in a court but onlyto free witnesses as well as courts from pressure which have beenexerted from their local communities.
ZAGREB, Aug 11 (Hina) - The president of the Vukovar County Court Ante Zeljko has assessed that more and more frequent examples of the transfer of the jurisdiction in court proceeding from courts in Slavonia (eastern Croatia) to other county courts contribute to a growing lack of confidence in the judicial system. However, the State Prosecution responds saying that transfers of court cases have not been carried out because of distrust in judges or in a court but only to free witnesses as well as courts from pressure which have been exerted from their local communities.

Being prompted by a decision of the Office of the Chief State Prosecutor to decide that a witness in the case in relation to the 1991 killings of civilians in Osijek would not be questioned in that eastern city but in Zagreb, Zeljko issued a press release saying that this example as well as other transfers of cases from courts in Slavonia to Zagreb are only a step towards "a total lack of confidence in all and everybody, in the judicial system, which may result in paranoia".

Zeljko went on to say that all judges in county courts have had to meet the same criteria and that there are no judges of courts of the first and second class. He suggests that responsibility of judges should be made more stricter and their professionalism should be enhanced even through applying disciplinary measures, instead of resorting to the measure of transferring cases from one court to another.

Zeljko also dismissed media reports on incapability of Slavonian courts, citing figures about the very successful performance of the Vukovar County Court in 2004 and stating that this court has gained rich experience in war crimes trials.

The Office of the Chief State Prosecutor has responded to Zeljko's press release recalling that whenever he finds it appropriate regarding the circumstances of a criminal act and conditions for the court proceedings, the Chief State Prosecutor can aways ask for the transfer a case from one court to another, and the Supreme Court President can then decide whether to greenlight his request or not.

The Office also states that the Chief State Prosecutor has so far used this possibility mainly in cases when witnesses have refuted to testify before courts, which were competent according to their place of residence, and not because of distrust in the court in question.

The aim and purpose (of such a measures) is to ensure problem-free functioning of the court and while asking the Supreme Court President to allow the transfer of the case from one court to another the Office of the Chief State Prosecutor does not express any opinion on skilfulness and professionalism of judges of certain courts, the Deputy Chief State Prosecutor, Dragan Novosel, said in his press release.

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