ZAGREB, Oct 22 (Hina) - In a response to Croatia's second document submitted to the International Criminal Tribunal for Former Yugoslavia (ICTY), the one requesting a review of the Tribunal's decision confirming an indictment against
General Janko Bobetko, the ICTY prosecution requested the Tribunal's Appeals Chamber to reject the request, stating it has no legal basis.
ZAGREB, Oct 22 (Hina) - In a response to Croatia's second document
submitted to the International Criminal Tribunal for Former
Yugoslavia (ICTY), the one requesting a review of the Tribunal's
decision confirming an indictment against General Janko Bobetko,
the ICTY prosecution requested the Tribunal's Appeals Chamber to
reject the request, stating it has no legal basis. #L#
The Croatian government on October 4 requested the ICTY's Appeals
Chamber to review a decision confirming the indictment against
Bobetko because, according to its judgement, the decision
implicitly confirmed erroneous factual and legal claims from the
indictment - namely, that Operation 'Medak Pocket' was designed as
an illegal operation with criminal goals.
On September 17 judge Liu Daqun confirmed the indictment which
charges Bobetko with crimes against humanity committed in the Medak
Pocket in September 1993, and on September 20 issued orders for his
arrest and hand-over.
In its response to the second Croatian request, which the ICTY
released on Tuesday, the prosecution notes that Rule 108bis of the
ICTY's Rules of Procedure and Evidence does not confer jurisdiction
on the Appeals Chamber to review a decision of a judge to confirm an
indictment.
That rule refers only to the jurisdiction of the Appeals Chamber to
review interlocutory decisions of the trial chambers, which a
decision confirming an indictment is not, the prosecution says.
"The second Croatian document therefore has no legal basis and
ought to be rejected by the Appeals Chamber," says the
prosecution.
The prosecution believes that concerns as to the scope and content
of the indictment are dealt with before the Trial Chamber after the
initial appearance of the accused, whereupon all appropriate
preliminary motions may be filed by the defence.
Responding to Croatia's claim that by confirming the indictment the
judge "confirmed (certain) factual and legal claims made in the
indictment", which, in Croatia's view, "are in direct opposition to
the real, known circumstances," the prosecution says that
indictment confirmation is an "ex parte procedure" and that no
legal system contemplates that, in the course of an investigation
or prosecution, a third party must be consulted or asked permission
before an indictment or binding order can be issued.
The prosecution calls on the Appeals Chamber to affirm Croatia's
obligation to fulfil its international obligations and arrest the
accused and hand him over.
The Appeals Chamber should soon rule on the two Croatian documents.
Sources at the tribunal say that the date of the hearing has not been
determined yet.
(hina) rml sb