Cermak's attorneys Cedo Prodanovic and Jadranka Slokovic and Markac's attorneys Miroslav Separovic and Goran Mikulicic will file the motion with the three-member appeals chamber which approves or denies the right to appeal, depending on reasons for the appeal, the daily reports.
The UN tribunal on Tuesday refused to grant Cermak and Markac the right to defend themselves without being detained, explaining its decision with the fact that in their request for provisional release, the defence counsel repeated almost the same arguments as in their first request for release of 12 March 2004, which the appeals chamber established did not justify the defendants' provisional release.
The appeals chamber stated that another reason for denying provisional release was the contradictory position of the prosecution as well as the fact that the Croatian government had not secured the surrender of General Ante Gotovina, who is facing the same charges as the two generals.
At their initial appearance before the UN tribunal on 12 March, Markac and Cermak pleaded not guilty to all seven counts of the indictment which charges them with crimes against humanity and violations of the laws and customs of war committed in the course of and after the 1995 operation "Storm".