"Today, 14 September 2005, the Referral Bench issued a decision referring the case against Rahim Ademi and Mirko Norac to the Republic of Croatia," reads a press release issued by the International Criminal Tribunal for the former Yugoslavia (ICTY),
"This is the first case in which persons already indicted by the Tribunal have been referred to the Republic of Croatia. It is the only case that the Tribunal's Prosecution was requesting to be transferred to the Republic of Croatia," the press release reads.
Explaining its decision, the Referral Bench says that it "found that all requirements according to Rule 11 bis of the Tribunal's Rules of Procedure and Evidence have been satisfied. This includes the protection of witnesses, a fair trial for the accused, and the assurance that the death penalty could not be imposed."
The Referral Bench also reiterates that the Tribunal has a capacity "to take action to have a case which has been referred to a national jurisdiction recalled to this Tribunal".
The Tribunal's prosecution is ordered to submit reports every three months following an initial report to be submitted in six weeks.
The ICTY prosecution is also ordered "to hand over all material supporting the indictment and other appropriate evidentiary material to the Prosecutor of the Republic of Croatia no later than 30 days of the decision."
Rahim Ademi is currently on provisional release and Mirko Norac is in prison in Croatia, serving a sentence for war crimes in Gospic.