MINISTER CONFIRMS RECEIPT OF INDICTMENT AGAINST CERMAK, MARKAC -EXTENDED

ZAGREB, March 8 (Hina) - Croatian Justice Minister Vesna Skare Ozbolt has confirmed that a sealed indictment against generals Ivan Cermak and Mladen Markac and an amended indictment against General Ante Gotovina arrived in Zagreb from The Hague some ten days ago.#L# The indictments arrived on March 1 and their content will be kept confidential until a competent judge of the UN war crimes tribunal decides that they can be made public, Skare Ozbolt said at a news conference at the ministry on Monday. She said that Cermak and Markac would leave for The Hague by the end of this week. The minister voiced hope that the International Criminal Tribunal for the former Yugoslavia (ICTY) and its chief prosecutor Carla del Ponte would welcome the decision of the accused to appear voluntarily before the tribunal and that they would be granted release pending trial upon their initial appearance. She said the government would extend all legal, expert and other assistance to the accused, including the engagement of domestic and foreign legal experts as "amici curiae" (friends of the court). "By providing guarantees the government shows that it believes in their innocence and reiterates that it will extend all legal, expert and other assistance in their defence, as well as in the defence of the truth about the Homeland War," the minister said. The indictments were sealed at Del Ponte's request and for the time being only the government and the indictees and their lawyers can be informed about their content. Government members were not able to speak about or comment on the indictment due to a confidentiality clause, although they were informed about its content, the minister said when asked to comment on the government's keeping silent about the indictment. She added that the government was granted permission by the prosecutor's office to go public with the identity of the accused today. Along with the indictment against Cermak and Markac, the government also received an amended indictment against General Gotovina, which will be forwarded to the competent county court in Zagreb as Gotovina is on the run and an agreement on his voluntary surrender to the tribunal is not possible, the minister said. Skare Ozbolt added that Markac and Cermak and their attorneys were informed about the indictments immediately upon their receipt. The government decided to act that way bearing in mind their previous statements about their readiness to appear voluntarily before the Hague tribunal if indicted. The indictees confirmed to the government their readiness to do so, she said. The minister said that the government's conduct in the case confirmed its position that relations with the tribunal were of a legal nature and should be treated as such, respecting the Constitutional Law on Cooperation with the ICTY and assumed international obligations. The government is demonstrating readiness to consistently fulfil its obligations, showing that Croatia is functioning as a law-based state, she said. Answering a reporter's question, Skare Ozbolt said it was up to the parliament to decide if it would discuss some allegations from the indictments. Commenting on previous proposals by the Croatian Democratic Union (HDZ) to amend the Constitutional Law on Cooperation with the ICTY, Skare Ozbolt said the HDZ should be asked if it stuck to its proposals. Asked about the position of her party, the Democratic Centre (DC), she said she would present the DC's position at a news conference. The spokeswoman for the ICTY's Office of the Prosecutor, Florence Hartmann, has said in a phone interview with Hina that the tribunal unsealed indictments against Markac and Cermak and the amended indictment against General Ante Gotovina this morning. Hartmann said that Markac and Cermak were charged with crimes against humanity and violations of the laws and customs of war during the 1995 Operation "Storm". At the time, Cermak was the civil administrator of Knin and Markac commanded special police forces. (Hina) rml