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UN TRIBUNAL RELEASES CROATIA'S REQUEST

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

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