THE HAGUE, Oct 9 (Hina) - Croatia asks the Hague-based UN tribunal's Appeals Chamber to review the decision on the confirmation of the indictment issued against Croatian General Janko Bobetko, as, according to the Croatian government,
the decision implicitly confirmed incorrect facts and legal allegations from the indictment that the Medak Pocket operation was planned as an illegal action aimed at the accomplishment of criminal goals.
THE HAGUE, Oct 9 (Hina) - Croatia asks the Hague-based UN tribunal's
Appeals Chamber to review the decision on the confirmation of the
indictment issued against Croatian General Janko Bobetko, as,
according to the Croatian government, the decision implicitly
confirmed incorrect facts and legal allegations from the
indictment that the Medak Pocket operation was planned as an
illegal action aimed at the accomplishment of criminal goals. #L#
The request which Zagreb forwarded asking the tribunal to
reconsider the decision on the indictment and which the UN tribunal
released on Wednesday afternoon, explains that in early September
1993 Croatia conducted a two-day anti-terrorist military and
police operation in the Medak Pocket in order to establish its
sovereignty and full integrity as well as to prevent further
attacks and terrorist actions.
The action which the armed forces and the army chief-of-staff were
bound by the Constitution to carry out was labelled in the
indictment as the persecution of the civilians on the religious,
racial and political basis, and the army chief-of-staff was charged
primarily because of his command responsibility, the government
said in its request.
On 17 September this year, Judge Liu Daqun confirmed the indictment
which charges Gen. Bobetko with crimes against humanity, committed
in the Medak Pocket in September 1993, and issued an order for his
arrest and extradition on 20 September this year.
The government also wrote that it had received the documentation
from the Hague without the text of the judge's decision on the
confirmation of the indictment, although it was said that the text
of the decision was enclosed with the warrant for the arrest.
The Republic of Croatia, acting bona fide, expects that the
Tribunal will subsequently forward the decision, as it is not
possible for Croatia to continue with the proceedings without the
said decision.
The government finds that the rule 108 bis of the Rules of the
Procedure and Evidence enables it to ask for the review of the
decision if it tackles the issues of the general importance
relating to the jurisdiction of the Tribunal.
The request from Zagreb asks for the revocation of the arrest
warrant, as Bobetko's participation in the process can be carried
out with lenient measures.
Zagreb recalls that the tribunal made it possible for Bosnian Serb
indictee Biljana Plavsic to enter a plea via video link and to
remain in freedom until the proclamation of the ruling and
sentence.
The Croatian government submitted this request to the tribunal on 4
October.
(hina) ms sb