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GOTOVINA'S LAWYER ASKS JUDGE TO DISMISS AMENDED INDICTMENT

WASHINGTON, Oct 22 (Hina) - A lawyer of Croatian fugitive general Ante Gotovina has forwarded a request to the Hague-based UN war crimes tribunal, asking it to refute the amended indictment which the tribunal's Chief Prosecutor, Carla Del Ponte, issued against the general. The lawyer Luka Misetic also asks the tribunal to drop the charges pressed against his client, accused of ethnic cleansing of Serbs from Croatia and crimes allegedly committed in the wake of the 1995 'Storm' liberating operation.
WASHINGTON, Oct 22 (Hina) - A lawyer of Croatian fugitive general Ante Gotovina has forwarded a request to the Hague-based UN war crimes tribunal, asking it to refute the amended indictment which the tribunal's Chief Prosecutor, Carla Del Ponte, issued against the general. The lawyer Luka Misetic also asks the tribunal to drop the charges pressed against his client, accused of ethnic cleansing of Serbs from Croatia and crimes allegedly committed in the wake of the 1995 'Storm' liberating operation. #L# Misetic, Gotovina's lawyer in Chicago, told Hina on Tuesday that Del Ponte had submitted the amended indictment against Gotovina to the International Criminal Tribunal for the former Yugoslavia (ICTY) judges to confirm it, and within seven days the competent judge should decide whether to confirm the document or not. The names of two victims from the previous indictment, who in the meantime were proven to be alive, were withdrawn and the new indictment was amended with the names of other victims whose identity was subsequently established. The spokeswoman for the Prosecutor's Office, Florence Hartmann, said on Tuesday that the indictment would also be extended but she would not reveal any details, explaining that she was not allowed to do it before the competent judge confirmed the amended and extended indictment. According to Misetic's deposition to the tribunal, a copy of which he sent also to Hina, the lawyer asks the judge to refute all the counts of the proposed amended indictment which charge General Gotovina with deportation, persecution and forcible displacement of the Serb population in the Croatian area of Krajina, and those which charge Gotovina with crimes allegedly committed in Croatia after 20 August 1995. As regards the request for dropping charges for the ethnic cleansing of Croatian Serbs, Misetic refers to the fact that during the trial of former Serbian and Yugoslav President Slobodan Milosevic before the ICTY the prosecution dismissed accusations that Croatian military forces, led by Gen. Gotovina, had expelled Serbs from Croatia. As regards the dropping of charges for alleged crimes committed after 20 August 1995, the lawyer said that the Storm liberation operation had been wrapped up by 20 August and the tribunal was authorised to process crimes committed only during the armed conflicts. Consequently, Misetic concludes that the competent judge should throw all the points of the amended indictment which accuse Gotovina of the forcible displacement of local Serbs as well as counts which charge Gotovina with alleged crimes perpetrated after 20 August. On 8 June 2001, the ICTY indicted Gotovina for crimes against humanity and breaches of the laws and customs of war, committed against Croatian Serbs during the 1995 operation named "Oluja" (Storm). The indictment was kept confidential until its unsealing on 26 July 2001. The retired general has been on the run since then. (hina) ms

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