ZAGREB, Oct 23 (Hina) - Following talks with Croatian Premier Ivica Racan on Wednesday afternoon, ICTY Chief Prosecutor Carla Del Ponte said that she had asked the Croatian government to withdraw its depositions submitted to the ICTY
Council of Appeals, however, the government rejected to do so.
ZAGREB, Oct 23 (Hina) - Following talks with Croatian Premier Ivica
Racan on Wednesday afternoon, ICTY Chief Prosecutor Carla Del Ponte
said that she had asked the Croatian government to withdraw its
depositions submitted to the ICTY Council of Appeals, however, the
government rejected to do so. #L#
According to Del Ponte and as was later confirmed by Premier Racan
in a joint statement to the press, Croatia is waiting for a decision
by the Council of Appeals in reference to two objections submitted
by the its government.
Del Ponte said she believed that the Croatian government, in the
light of executing the arrest warrant and handing over the
indictment, was not cooperating, and stressed that there were no
problems in Croatia's cooperation with the ICTY, regarding the
access to witnesses.
Speaking about the main topic of their talks, the case of General
Janko Bobetko, Del Ponte stated that she had come with the intention
to try and convince the Premier to withdraw an appeal in which the
Government claimed that the indictment and arrest warrant were not
legally founded. She also claimed that Bobetko was charged, the
judge had confirmed the indictment and a warrant was issued which
needs to be implemented. She added that she agreed with Premier
Racan that Article 59 of the ICTY Rule Book could be applied to
examine the actual health of the indictee, General Bobetko. "In my
opinion this appeal is unacceptable," Del Ponte said.
Provision 59 of the Hague Tribunal's Rule Book stipulates that if a
country is not able to implement an arrest warrant it needs to
inform the Tribunal's secretariat. In cases until now these reasons
included the inability for a country to determine the whereabouts
of an indictee and the indictee's health being a barrier for his
extradition.
Del Ponte also said that the Croatian government was not General
Bobetko's defence attorney but that he had his own defence attorney
and that for some reason the Croatian Government decided to become
directly involved. If the Government knows that General Bobetko
cannot be transferred to the Hague due to his health, then it needs
to say so and there is an appropriate procedure that must be
followed in that case, Del Ponte said, adding that now Croatia and
the ICTY Prosecution were waiting for a decision of the Council of
Appeals.
Following the talks that lasted for three hours behind closed doors
in the government's building, at a joint press conference, Racan
said that he had presented "the Croatian point of view at the talks
that we cannot withdraw the two legal steps submitted to the
Tribunal at The Hague which led to convening the Council of
Appeals".
Responding to earlier objections by Carla Del Ponte that the
government should not have become involved in the legal procedure
in the case against Bobetko, Racan said that the Croatian
Government received the arrest warrant and not Bobetko's
attorneys. "We thought we had the right, and we still believe so, to
use all the legal instruments available", Racan said.
"The Council of Appeals will decide whether we were right or not,"
Racan said pointing out that he believed that this was all part of
co-operating with the Tribunal.
The Croatian Premier reiterated that the government would respect
any decision made by the Council of Appeals and would act in line
with it. He once again expressed Croatia's readiness to co-operate
with the Tribunal. Croatia will respect its obligations and show
that it is not hesitating when it comes to co-operating with the
Hague Tribunal, Racan said adding that there would be no hesitation
in processing other war crimes either.
The Hague's Chief Prosecutor cautioned of the need for equal
treatment and execution of justice in the same manner for all those
indicted by the Tribunal and if possible that they all appear before
the Tribunal. She added that she also expected the arrest of General
Ante Gotovina claiming that there are now two indictees that have
not been extradited to The Hague.
Referring to the Gotovina case, Premier Racan stated that the
Croatian government and other institutions in Croatia, as a law-
based state, would do everything that was required to arrest
General Gotovina "if Mr. Gotovina becomes available to us which he
had not been until now".
Responding to questions by the press about any possible reporting
Croatia with regard to co-operation or non co-operation, Del Ponte
said that in her capacity as the prosecutor, she reported to the UN
Security Council about the activities of the Tribunal and that she
would report to the Security Council, however, this would not be a
formal complaint because such a complaint must be submitted by the
President of the Tribunal, but "we have not come to that level of co-
operation or rather non co-operation," she said.
She also added that a decision by the Council of Appeals was
expected, however, she said that General Bobetko's health would be
crucial in determining whether the Croatian government would be
able to transfer him to The Hague.
According to Premier Racan, during the talks today there was
reference to the possible use of a video link. He also mentioned
that the chief prosecutor did not bring any new indictments with her
to Zagreb nor had the existing indictment against General Bobetko
been extended.
(hina) sp it sb