ZAGREB, July 8 (Hina) - The extradition of indictees to the Hague war crimes tribunal ensues after the government, the bearer of cooperation with the tribunal, has accepted the request of the tribunal's prosecutor's office for the
extradition, which is carried out in line with Croatia's constitutional law on cooperation with the tribunal, adopted on 26 April 1996. The government forwards the Hague indictments to the Justice Ministry, which forwards them to the competent county court in the area of the indictee's residence. The competent county court's investigating judge rules on the Hague tribunal's arrest request by issuing an arrest order which is carried out by the police. If the Justice Ministry and the Hague tribunal have issued an arrest warrant, the police may arrest the suspect even without a court order. Detention is ruled by the investigating judge or the county court's panel of judg
ZAGREB, July 8 (Hina) - The extradition of indictees to the Hague
war crimes tribunal ensues after the government, the bearer of
cooperation with the tribunal, has accepted the request of the
tribunal's prosecutor's office for the extradition, which is
carried out in line with Croatia's constitutional law on
cooperation with the tribunal, adopted on 26 April 1996.
The government forwards the Hague indictments to the Justice
Ministry, which forwards them to the competent county court in the
area of the indictee's residence.
The competent county court's investigating judge rules on the Hague
tribunal's arrest request by issuing an arrest order which is
carried out by the police. If the Justice Ministry and the Hague
tribunal have issued an arrest warrant, the police may arrest the
suspect even without a court order.
Detention is ruled by the investigating judge or the county court's
panel of judges. This has to be preceded by an interview with the
indictee by the investigating judge, who may even seek the state
prosecutor's position on the need to rule detention. Detention may
last until the indictee is handed over to the Hague tribunal, a
maximum of six months.
A detention appeal is subject to domestic penal provisions.
The decision on the Hague tribunal's request is made by a three-
member county court panel of judges. The court acquaints the
indictee with the request and the charges, and interviews him in
connection with events described in the charges and other
circumstances important for ruling on the request. Throughout this
process the indictee must have an attorney, which may be appointed
by court.
The panel of judges decides to grant the extradition request after
establishing the request refers to the person sought by the Hague
tribunal and to a criminal act which, under the Statute, falls under
the jurisdiction of the Hague tribunal. The court may overrule the
request after establishing it does not refer to the person sought by
the tribunal or to a crime under the jurisdiction of the Hague
tribunal, and if the person has already been sentenced before a
domestic court.
The county court's ruling may be appealed by the state prosecutor,
the defendant and his attorney, within eight days. The appeal
postpones the execution and is mulled by a five-member Supreme
Court council. There is no legal deadline for the Supreme Court to
rule on the appeal, as county court rulings fall under Criminal
Proceedings Act.
The court ruling granting extradition is final. It can be countered
only by a constitutional complaint, but its filing does not
postpone execution. The justice minister may postpone the
extradition in case of the indictee's illness or another
particularly justified reason.
The Justice Ministry forwards the decision on the hand-over to the
government, which forwards it to the Hague tribunal.
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