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PREMIER RACAN DISCLOSES BASIC THESES OF HIS LETTER TO ICTY-EXTENDED

ZAGREB, July 15 (Hina) - Croatian Prime Minister Ivica Racan asked the parliament to give support to the government's policy of fulfilling its international commitments as well as its reformist policy. During Sunday's parliamentary session, Prime Minister Racan retold the content of a letter he had recently forwarded to UN war crimes tribunal (ICTY) with his objections to the two indictments served by the ICTY to Zagreb in early June.
ZAGREB, July 15 (Hina) - Croatian Prime Minister Ivica Racan asked the parliament to give support to the government's policy of fulfilling its international commitments as well as its reformist policy. During Sunday's parliamentary session, Prime Minister Racan retold the content of a letter he had recently forwarded to UN war crimes tribunal (ICTY) with his objections to the two indictments served by the ICTY to Zagreb in early June.#L# He informed MPs that he refuted a remark in the indictments that during and in the wake of the 1995 liberation operation Storm, the cumulative effect of the illegal acts, such as killings, plunder and so on, led to a large-scale deportation and/or expulsion of Krajina Serbs. There were allegations that 150,000 fled the area then. "I stressed that something like that cannot be true. It is the naked truth that the Serb population moved out in a planned way at the very start of the Storm and following the order of its leadership," Racan said. Premier said he had also stated that some concrete crimes had not been perpetrated by Croatia's forces and that it remained to be established whether members of the Croatian force committed crimes. In addition, it should be established whether some other persons, who were not part of Croatian troops, had committed such crimes. He added that he had also insisted on a clear definition of the so- called Krajina as a self-styled and illegal creation set up by rebels. Otherwise, the responsibility of (Serbian and Yugoslav President) Slobodan Milosevic and his aides for the aggression and criminal consequences of the creation of a greater Serbia would be questionable, Racan said. In his letter Racan reminded that a large part of Croatia had been occupied. He also emphasised the criminal role of the then Yugoslav Army (JNA) and reminded that Croats had been ethnically cleansed from the occupied areas and that numerous crimes were committed against them in the so-called Krajina. The government's cooperation with the Hague Tribunal does not mean that the government supports the (sealed) indictments. Racan announced that his cabinet would do their best to help defend indictees, in the court process, particularly in segments Zagreb could not accept. The Tribunal has given assurances and agreed that it will not criminalise the Homeland War, in particular the Croatian Army's liberation operations and their legitimacy, said Racan who described it as the great encouragement for the government. According to the Tribunal's assurances, it will not apply exclusively the criterion of the commanding responsibility while issuing indictments and it will always take into consideration the direct liability of individuals as well. "A part of the text of the indictment fails to fully follow such attitude, and some questions pose themselves," Racan disclosed. He said he had also warned that some segments of the indictments had been grounded on the direct commanding responsibility, although there had been no direct relation between the indictees and some crimes in question. Racan revealed that he had opposed an assessment that the indictees, together with some other persons, had planned and encouraged the persecution, eviction and forcible deportation of a part of the ethnic Serb population during the 1995 liberating operation "Storm". "One can get an impression that (...) such allegations of the indictments partly criminalise or try to criminalise this operation and that its legitimacy is brought into question," Racan said. He said he had advocated that the indictments should be comprehensible to a great majority of Croatian citizens and that they (ICTY indictments) cannot possibly be used as a weapon of forces that oppose the cooperation with the Tribunal and the prosecution of war criminals. He objected, as he said, to some ambiguities in the indictments as well. PM recalled that the ICTY Production's Office had explained that the indictments could not be altered after their confirmation by the Tribunal, but it said that there would be room for objections in the further process before that court. Racan said it had never been disputable whether the government would accept international obligations and respect Croatian laws, but the Government found itself in a grave situation as it was aware that each stand it showed would provoke reactions both in the country and abroad. We were aware that the conflict with the UN court would entail the conflict with the international community, the isolation of the country and sanctions. "I maintain that those who advocate such developments betray national interests," Racan said in his speech. Premier expressed the government's readiness to use all the possible legal means to help the indictees to defend themselves before the Tribunal, if it comes to the trial, particularly in the counts of the indictments with which Zagreb cannot agree. Racan announced the government would use an institute called "amicus curie" which makes it possible for his cabinet to interfere in the trial. A trial chamber can allow a government to appear and expound its stand on any case. He reiterated that for the government as well as for a majority of citizens the cooperation with the ICTY was indisputable and that the authorities would use all the means to show the truth about the Croatian Homeland War and protect the values of that war for the country's independence. The decision on the cooperation with the Tribunal is important for prospects of Croatia as a democratic and law-based country and its bids to be integrated in Europe. Racan reiterated that his Cabinet is a government oriented towards reforms and urged the parliament to give support not only to the government's policy of the co-operation with the international community but also to its reformist policy. On July 7 Racan asked the parliament to hold a vote of confidence in the government after his cabinet decided to comply with the ICTY's request about the hand-over of two indictees, named in the two sealed indictments and after four HSLS (Croatian Social Liberal) ministers tendered resignation. (hina) ms sb

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