ZAGREB, Sept 19 (Hina) - The request of the UN war crimes tribunal for interviewing a person who is already an indictee is unusual in the practice of the ICTY, a few Croatian legal experts said on Thursday.
ZAGREB, Sept 19 (Hina) - The request of the UN war crimes tribunal
for interviewing a person who is already an indictee is unusual in
the practice of the ICTY, a few Croatian legal experts said on
Thursday. #L#
On Thursday the Croatian government reported that a day before it
received a request from the Hague-based ICTY's prosecution to help
organise a meeting with General Janko Bobetko, in his capacity as an
indictee.
The experts, who spoke on condition of anonymity, said that there
was not enough information to further interpret the prosecutors'
request. They believe, however, that this is either for the purpose
of the continuation of an investigation in which they (prosecutors)
need to talk with Bobetko, or they respect Bobetko's position and
age and, therefore, would not ask that he be placed in the
tribunal's custody pending trial.
ICTY's rules on procedure and evidence envisage that during
investigations, the prosecution can question suspects, victims and
witnesses, and undertake other actions necessary for the
conclusion of the investigation, preparations and the conduct of
criminal proceedings, which may include talks with indictees.
The rules, however, do not explicitly mention the possibility of
talks between prosecutors and an indictee ahead of the hand-over of
the indictment and apprehension.
The ICTY prosecution has to date forwarded requests for talks with
suspects but until the Bobetko case, there was no request for talks
with the accused after the issuance of their indictment.
According to the rules of the ICTY's work, a person is given the
status of an indictee, after the competent judge, in charge of the
case, approves (signs) the indictment, which means that the
indictment against Gen. Bobetko has already been signed.
Upon the signing, the indictment becomes public unless the tribunal
decides to keep it sealed until it is delivered to the indictee.
Further procedure consists of the arrest of the indictee. After
that the indictee enters a plea of guilty or not guilty before the
tribunal.
(hina) ms sb