Prodanovic said he was surprised with the decision and that he had not read it as he had just returned from a trip. Asked which steps could be taken next, Prodanovic said defence counsel could now only submit a motion to appeal.
Defence counsel for the two generals submitted a second request for provisional release in June. The first request, which was also turned down, had been submitted in March.
The two generals, indicted in March this year for war crimes committed in the combined military and police operation "Storm", surrendered voluntarily to the tribunal immediately after their indictment was published and have been in custody since.
The prosecution, which had previously opposed their provisional release, in July positively assessed the second request for provisional release after the prosecution interviewed the generals in June, which removed chief prosecutor Carla del Ponte's main objection to provisional release.
Explaining the decision to turn down the request for provisional release from April, the trial chamber presided by Judge Carmel Agius cited as the reason grave accusations against both indictees and the uncertainty as to whether they would show up for the trial and represent a threat to the victims and witnesses if granted provisional release.
The trial chamber also stressed that Croatia did not ensure the surrender of General Ante Gotovina two years after the issuing of the indictment.
At their initial appearance before the tribunal on March 12, Cermak and Markac pleaded not guilty on all seven counts of the indictment which charges them with crimes against humanity and violations of the laws and customs of war committed during and after the 1995 Operation Storm.
Cermak (55), a former commander of the Knin Military District, and Mladen Markac (49), a former commander of special police forces, were charged according to individual and command responsibility with the persecution and murder of at least 150 Serbs, plunder, wanton destruction, deportations and forcible resettlement, and other inhumane acts directed against the Serb population in the area from Korenica to the Zadar hinterland in the period between 4 August and 15 November 1995.
They are charged with committing the crimes as part of a joint criminal enterprise including General Ante Gotovina and the then Croatian president Franjo Tudjman.