ZAGREB, Nov 14 (Hina) - The council for cooperation with the ICTY has decided to recommend that the government forward the indictment against Gen. Janko Bobetko and accompanying documentation to the Justice Ministry, which will then
forward it to the competent county court.
ZAGREB, Nov 14 (Hina) - The council for cooperation with the ICTY
has decided to recommend that the government forward the indictment
against Gen. Janko Bobetko and accompanying documentation to the
Justice Ministry, which will then forward it to the competent
county court. #L#
A decision to that effect was made at a session the council held on
Thursday, the government's legal representative in a dispute with
the International Criminal Tribunal for the former Yugoslavia
(ICTY), Goran Mikulicic, told Hina.
The decision was made following a Constitutional Court report on
the Bobetko case and in line with the constitutional law on
cooperation with the ICTY, said Mikulicic.
He added the entire documentation in the case, including the 83-
year-old general's medical records, would be forwarded to the
competent county court.
The Hague-based ICTY has accused Bobetko, a former Croatian
military chief-of-staff, on command responsibility of crimes
committed in the 1993 Medak Pocket operation.
The general was hospitalised earlier today.
Mikulicic said Bobetko had gone to hospital because of his
deteriorated condition. He had been given personal guarantees by
the prime minister that he would not be forcibly served with the
indictment while in hospital.
Mikulicic said that Croatia's criminal legislation did not
envisage forced indictment serving but did envisage the active
participation of the accused in the procedure, of which health
fitness is a condition.
If the competent county court establishes the procedure for some
reason cannot be carried out, it notifies the government which,
based on Article 59 of the ICTY rules on procedure and evidence,
informs ICTY's secretariat about the reasons why the Tribunal's
indictment was not served and arrest carried out.
In that case, the ICTY may send its doctors to check if the
defendant's health prevents the execution of the Tribunal's
orders.
Bobetko has indicated he will not object to being examined by "other
physicians," said Mikulicic.
(hina) ha sb