"It is not clear to us on what basis the government can initiate proceedings aimed at freezing the assets of a person whose guilt has not been proven and in the case when the property has not been acquired unlawfully," a lawyer for Gotovina, Marin Ivanovic, said on Friday.
Ivanovic had no information how the Government could try to implement the EU Council's decision, which was made public yesterday. The decision referred to freezing all assets and economic resources belonging to the runaway indictees: Bosnian Serb war-time leaders Radovan Karadzic and Ratko Mladic, and retired Croatian general Ante Gotovina.
"I expect that this will be carried out through legal proceedings which we shall contest. I, however, do not rule out a possibility that the Government might bypass the judiciary and make a political decision to implement the EU Council's Common Position. It has been evident on several occasions so far that the Gotovina case is being dealt with by political decisions which have nothing in common with the law and justice," the lawyer said.
According to Ivanovic's information, Ante Gotovina receives a pension allowance, owns a flat in Zagreb and a house in the coastal town of Pakostane (his place of birth), and holds no shares. According to the media, Gotovina's wife is authorised to receive his pensions every month.
The Justice Ministry on Friday could not say how the said decision would be implemented. The spokeswoman for the ministry, Vesna Dovranic, said that it was too early to comment on the matter, adding that the position of the government was being awaited.
On Thursday evening, government spokesman Ratko Macek said that Croatia would request an additional explanation from the EU about the legal effects of the latest decision of the EU Council on freezing assets of runaway indictees accused by the UN war crimes tribunal.
Foreign Ministry spokesman Dobroslav Silobrcic said on Thursday that this was "a technical document, and it is implied that Croatia, being an EU country candidate, is following EU policy".
According to the Position, which took effect on the day of its adoption, all funds and economic resources belonging to the three indictees are to be frozen.
The exemption may be made for funds necessary for basic expenses, including food, rent, mortgage or medical payments, taxes, insurance premiums, and public utility charges and expenses in connection with legal services.
The EU Council believes that its decision will be a part of the EU comprehensive efforts to prevent any assistance to fugitives wanted by the Hague-based UN war crimes tribunal.
The UN war crimes tribunal issued an indictment against Gotovina in 2001 accusing him of crimes against humanity and violations of the laws and customs of war which he allegedly committed during the 1995 'Storm' operation. The indictment was unsealed in the summer of 2001 and since then Gotovina has been at large. An international warrant for his arrest has ben issued.