"We have requested that we be granted the right to file an interlocutory appeal against the decision by the ICTY Trial Chamber to deny the request for Markac and Cermak's provisional release pending trial," Markac's attorney Miroslav Separovic told Hina in a telephone interview from The Hague.
"We believe that we will be granted the right to appeal because in this case the Trial Chamber acted absolutely contrary to its previous practice," Cermak's attorney Jadranka Slokovic said.
Explaining their request, the defence lawyers pointed to deviations from the tribunal's practice in key arguments for the decision, such as the threat of influencing witnesses, the government's guarantees, the severity of the accusations, and cooperation.
When it comes to influencing witnesses and the Croatian government's guarantees, the attorneys cited the Trial Chamber's decision in the case against six Bosnian Croats in which the tribunal had to establish whether there was a concrete threat for the witnesses, while Croatia's guarantees were accepted in their entirety, the attorneys said.
In their requests, the attorneys cited a decision on the provisional release of General Rahim Ademi, dated 2002, as well as other ICTY precedents.
On September 14, the ICTY decided for the second time not to grant Croatian generals Cermak and Markac provisional release. Defence counsel cannot submit a regular but only an interlocutory appeal as an extraordinary measure to intervene in the proceedings, with the tribunal's approval.
Markac's attorneys Separovic and Goran Mikulicic and Cermak's attorney's Slokovic and Cedo Prodanovic are in The Hague today where they will visit the two generals in the ICTY detention unit.
Asked what the government was doing to make the ICTY change its decision on the two generals' provisional release, Assistant Justice Minister Jaksa Muljacic said that Justice Minister Vesna Skare Ozbolt should meet ICTY president Theodor Meron and chief war crimes prosecutor Carla del Ponte in The Hague in the middle of next week.
Skare Ozbolt is scheduled to attend a meeting of justice and interior ministers from EU member and candidate countries in The Hague next week. She is also scheduled to visit the ICTY, Muljacic said.
Defence counsel said the government was significantly helping the two generals' defence case.