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PREMIER: GOVERNMENT CANNOT ACT IN LINE WITH TRIBUNAL'S WARRANT

ZAGREB, Sept 23 (Hina) - The Croatian government will ask of the Supreme Court to review the Hague-based international war crime tribunal's indictment against General Janko Bobetko, which it believes to be unacceptable and unconstitutional, Prime Minister Ivica Racan said on Monday. He added that in Bobetko's case, the government could not act in line with the Hague warrant.
ZAGREB, Sept 23 (Hina) - The Croatian government will ask of the Supreme Court to review the Hague-based international war crime tribunal's indictment against General Janko Bobetko, which it believes to be unacceptable and unconstitutional, Prime Minister Ivica Racan said on Monday. He added that in Bobetko's case, the government could not act in line with the Hague warrant. #L# Racan said this after a session of the government's Council for Cooperation with the Hague tribunal, in its extended form, which also included the head of state, and after a meeting among leaders of the ruling coalition parties. In reply to reporters' questions, Racan said there were no new indictments from The Hague. At least, none the government knows about, he added. He gave no concrete reply as to whether indictments against generals Rahim Ademi and Ante Gotovina would be disputed. The fact that the government is initiating activities in not accepting the indictments' qualifications of the Homeland War and certain military operations will have to reflect on cases which are ongoing, or possible new ones, he said. The indictment against Ademi contains unacceptable elements, Racan said, and in this context recalled his letter to The Hague regarding the indictment against Gotovina. Unfortunately, things are continuing and one must intensify the struggle to cease this, he said. The prime minister said that the Council for Cooperation with the Tribunal had analysed the material send by the tribunal which represents the indictment against Bobetko. The council has established it cannot act in accordance to the warrant because some sections of the indictment are unacceptable, for example, sections reflecting unacceptable attitude towards Croatia's liberation operations such as the Medak Pocket operation, an operation for which General Bobetko is accused, Racan said. He said the government had founded reason, citing Article 3, Item 2 of the Constitutional Law on cooperation with the Hague tribunal, which obliges the government to establish whether the indictment is in line with the Croatian Constitution. They believe that in some elements the indictment is not an cannot be in line with the Constitution, because under it, the Medak Pocket operation was legitimate and Constitutional, carried out against terrorism. There is reason to intensify Croatia's struggle to have the fact that the Homeland War was a war of defence and fair respected, and operations such as Storm, Flash, Medak Pocket, legitimate and in line with the Constitution, Racan stressed. The government will fight for this truth using legal means, on the diplomatic plan and in other political ways, Racan said, refusing to disclose which moves the government would undertake, only saying that it would first consult experts and political factors. During today's talks with Homeland War associations, Racan said that at this time, after reading the indictment, the government had no intention of extraditing General Bobetko. The government is aware that its stance would not be received well, especially because of the "simplified vision" of the international community of a country cooperating or not cooperating with the Hague tribunal, Racan said. He added the government was prepared for the full risk of the fight for the truth, aware that it could pay a certain price for that. The government has already received friendly warnings to cooperate with The Hague and recollections of what problems non-cooperation could bring, he said. Racan pointed out the importance of democratic institutions in the country doing their job to avoid political chaos and radicalism. (hina) lml sb

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