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ICTY RECEIVED NO RESPONSE FROM ZAGREB BY DEADLINE

THE HAGUE/ZAGREB, April 4 (Hina) - The International Criminal Tribunal for the former Yugoslavia did not receive the Croatian government's answer, within the defined time term, on the tribunal's order that an indictment be served on General Janko Bobetko. The Hague-based ICTY forwarded its order on 19 March, said a spokesman for the tribunal on Friday.
THE HAGUE/ZAGREB, April 4 (Hina) - The International Criminal Tribunal for the former Yugoslavia did not receive the Croatian government's answer, within the defined time term, on the tribunal's order that an indictment be served on General Janko Bobetko. The Hague-based ICTY forwarded its order on 19 March, said a spokesman for the tribunal on Friday. #L# Jim Landale said the deadline for Croatia's response had expired on Thursday (3 April) and the ICTY had received nothing by that time. Asked whether the ICTY was expecting any letter from Zagreb in the course of the day, the spokesman responded in the affirmative adding that the decision should be made by a competent judge who issued the order. A spokeswoman for the ICTY's prosecution, Florence Hartmann, declined to comment on developments in relation to the order for the serving the indictment until the tribunal received a letter from the Croatian government. On 19 March an ICTY judge, Carmel Agius, issued an order to the authorities in Zagreb directing that the indictment against the retired General Bobetko be served either on the indictee or on his lawyers within 15 days of the issuance of his decision. According to the judge, the warrants for arrest and orders for surrender would be suspended immediately by the tribunal upon the service of the indictment. The judge also asked that the Croatian authorities provide the tribunal with monthly reports on the health conditions of that 83- year-old general. The Croatian government forwarded the order of Agius to the Zagreb County Court. That court reported on Friday morning that it could not serve the indictment to the general because of his poor and deteriorated health, and that there were no legal conditions to serve Bobetko's lawyers with the indictment in case when the indictee was incapable of receiving it. The court added it would continue to follow the condition of the retired general in order to establish if he would be able to take part in a court process, in line with the ICTY's order. "With regard to the fact that general Bobetko is not able to take part in the process, the court has taken the stand that it would be inappropriate to serve him with the indictment," a lawyer, Goran Mikulicic, who is the government's legal advisor in this case, said on Friday. He stressed that he expressed an opinion as a legal expert and that he did not comment on the court's decision. War-time chief-of-staff of the Croatian army, Gen. Bobetko is accused, based on command and personal responsibility, of war crimes perpetrated in the 1993 Medak Pocket operation. (hina) ms sb

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