THE HAGUE, Oct 11 (Hina) - The ICTY Prosecution holds that the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) cannot consider an appeal against a judge's decision to issue an arrest warrant,
and believes that Croatia has no grounds for filing such appeal, read a statement which the tribunal's Prosecution released on Friday in The Hague.
THE HAGUE, Oct 11 (Hina) - The ICTY Prosecution holds that the
Appeals Chamber of the International Criminal Tribunal for the
former Yugoslavia (ICTY) cannot consider an appeal against a
judge's decision to issue an arrest warrant, and believes that
Croatia has no grounds for filing such appeal, read a statement
which the tribunal's Prosecution released on Friday in The Hague.
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The response which the Chief Prosecutor, Carla del Ponte, forwarded
to the Appeals Chamber, says that Croatia has no grounds for lodging
such an appeal with the Appeals Chamber.
According to the explanation, the Statute and Rules of the tribunal
do not empower the Appeals Chamber to consider appeals against
decisions on the issuance of warrants for arrest and extradition.
On 27 September, Croatia forwarded a request to the Appeals Chamber
to allow Zagreb to submit an interlocutory appeal against the
warrant for the arrest and extradition of General Janko Bobetko.
The request says that the apprehension, as the most severe measure
of force against this retired Croatian general is unfounded, given
that there is no indication that his participation in the process
before the tribunal could not have been secured without the
arrest.
In its response, the Prosecution called on the Appeals Chamber to
remind Croatia of its obligations and on Croatia to hand over
Bobetko.
The Prosecution asks the Appeals Chamber to again point to the
international obligation of all countries to respect binding
orders of this tribunal and to confirm Croatia's obligation to
immediately transfer the indictee Bobetko to the detention centre
of the Hague-based tribunal.
The Prosecution holds that in this case the appropriate procedure
for Croatia is to fulfil its international commitments by ensuring
the presence of the indictee before the tribunal.
The Prosecution notifies Croatia of another legal remedy at its
disposal which refers to the country's right, according to Rule 59
of the Rules of the tribunal, to inform the tribunal about
difficulties in the execution of the arrest warrant.
Besides the request for submitting the interlocutory appeal, data
about the health condition of General Bobetko were sent from Zagreb
to the Appeals Chamber as well.
(hina) ms sb