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Trial Chamber finds that Cermak was not a member of joint criminal enterprise

ZAGREB, April 15 (Hina) - The International Criminal Tribunal for the former Yugoslavia (ICTY) on Friday said that it found that Croatian General Ivan Cermak was not guilty of any count of the indictment the Hague-based tribunal's prosecution issued against him and dismissed the allegation that Cermak had participated in a joint criminal enterprise.

The trial chamber in charge of the case concluded that the evidence did not show that Cermak was a member of the joint criminal enterprise, and that he was not responsible on any count of the indictment, presiding judge Alphons Orie said while presenting a summary of the trial chamber's conclusions at the judgement hearing in The Hague in the case of Croatian generals Ante Gotovina, Mladen Markac and Cermak.

The chamber found that Cermak, who was Knin Garrison Commander, gave misleading information to the international community about the measures that were being taken to stop crimes against Serbs, but that he was not responsible in any other aspect of responsibility alleged in the indictment.

Being the Knin Garrison commander, General Cermak had broader powers and he had some influence on the civilian and military police, but he did not have the legal powers to maintain peace and order.

The chamber found that Cermak did not have effective control over Croatian army units outside of the circle of his own subordinates in the garrison, and it found no reliable evidence that those subordinates committed any crimes.

His activities included contacts with representatives of the international community, cleaning up Knin and organising a soup kitchen there, the trial chamber said.

The trial chamber finds you not guilty of any count of the indictment, Judge Orie said, ordering that Cermak be released as soon as possible.

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