JUDGES SAY GOVT. VIOLATED CONSTITUTION, USURPED JUDICIAL AUTHORITY

ZAGREB, April 5 (Hina) - The Croatian Judges Association has stated that the government violated the Constitution, the constitutional law on cooperation with the International Criminal Tribunal for former Yugoslavia (ICTY) and the law on criminal proceedings by delivering on its own, without the approval and instead of the Zagreb County Court, an indictment by the ICTY against General Janko Bobetko to his attorneys. #L# The statement, signed by the association's president Vladimir Gredelj, notes that the Zagreb County Court informed the government through the justice ministry that "due to General Bobetko's poor and deteriorated condition it is unable to serve on him the ICTY Prosecution's indictment and there are therefore no legal grounds to deliver it to his attorneys either..." "However, instead of forwarding the court's decision to the tribunal, the government decided, without the court's approval, to deliver the indictment itself," the statement notes, adding that the government thus violated the Constitution, the Constitutional Law on Cooperation Between the Republic of Croatia and the ICTY and the Law on Criminal Proceedings. Subsequent comments by the premier violated the European convention on the protection of human rights and fundamental freedoms, it is noted. The government's conduct is unprecedented and is a blatant act of usurpation of powers which in the three-branches system of government are held exclusively by the judicial authority, reads the statement. The association accuses the government of unquestioningly obeying the ICTY's orders, demonstrating at the same time lack of basic respect for domestic courts. The premier is therefore expected to resign, the statement notes. (hina) rml sb