In its response to the appeal, which was submitted on October 21, the prosecution supported the generals' request, assessing that conditions for their provisional release have been met, Separovic told Hina on the phone.
The prosecution supported its decision by comparing the case with that of six Bosnian Croats who were granted provisional release on September 9, stating that in the case of Markac and Cermak there was even more express cooperation with the tribunal and the prosecution, Separovic said.
Separovic said that Croatia had provided guarantees in both cases that those granted provisional release would respect all conditions set by the ICTY.
Those guarantees were accepted in the case "Prlic and others", while in the case of Markac and Cermak some reservation was voiced.
The current unequivocal support of the prosecution for the efforts of the defence to obtain provisional release for the two generals contributes to chances that the Appeals Chamber may change the initial decision.
The trial chamber on September 15 refused the second motion to grant provisional release to Cermak and Markac, explaining its decision, among others, with the ambiguous position of the prosecution towards the request.
The five-member Appeals Chamber is not bound by any deadlines in making its decisions, but judging by the previous practice, a decision can be expected in three to four weeks, said Separovic.
Generals Markac and Cermak are accused of crimes against humanity and violations of the laws and customs of war committed against Croatian Serbs in the course of and after the 1995 Operation "Storm". Cermak, 55, was commander of the Knin Garrison at the time, while Markac, 49, was commander of special police forces.
They have been in custody since March 11 this year when they surrendered voluntarily. They pleaded not guilty to the charges at their initial appearance before the tribunal.