ZAGREB, July 27 (Hina) - After the second sealed indictment was made public, Croatian Prime Minister Ivica Racan on Friday issued the contents of his reply to the two indictments the international war crimes tribunal's prosecutor's
office handed the government against two Croatian officers early last month. In his letter to chief prosecutor Carla del Ponte on June 18, Racan requested that the criterion for indicting any person be individual responsibility, and not commanding responsibility. Racan recalled the exemplary cooperation established between the tribunal and the Croatian government in the past year and a half. The government was encouraged by the tribunal's assurances that the prosecutor's office will not criminalise the Croatian Homeland Defence War, especially the Croatian military liberation operations, nor bring into question their legitimacy. The tribunal also gave assurances that the criterion of exclusivel
ZAGREB, July 27 (Hina) - After the second sealed indictment was made
public, Croatian Prime Minister Ivica Racan on Friday issued the
contents of his reply to the two indictments the international war
crimes tribunal's prosecutor's office handed the government
against two Croatian officers early last month.
In his letter to chief prosecutor Carla del Ponte on June 18, Racan
requested that the criterion for indicting any person be individual
responsibility, and not commanding responsibility.
Racan recalled the exemplary cooperation established between the
tribunal and the Croatian government in the past year and a half.
The government was encouraged by the tribunal's assurances that the
prosecutor's office will not criminalise the Croatian Homeland
Defence War, especially the Croatian military liberation
operations, nor bring into question their legitimacy. The tribunal
also gave assurances that the criterion of exclusively commanding
responsibility will not be applied during the indictment process,
but rather the direct responsibility of individuals, Racan
asserted in his letter.
We agreed, Racan continued, that every indictment must be based on
concrete evidence. Unfortunately, the text of the indictments your
Office levelled against generals Gotovina and Ademi, the latter to
del Ponte said, does not follow our agreements in full, and opens up
certain issues.
Taking the example of the indictment against General Ante Gotovina,
as the text is longer, but also citing the indictment against
General Rahim Ademi, Racan wrote: "the text of the indictment
indicates that it is exclusively based on commanding
responsibility. Nowhere is General Gotovina's direct connection
with a certain crime indicated, except for his function and place in
the command chain".
The text of the indictment further indicates that the Storm
liberation operation if 1995 is criminalised and its legitimacy
brought into question. The indictment also incriminates the
Croatian Armed Forces as a whole, Racan stressed.
"Every war crimes perpetrator has a name and a surname and their
guilt must be individualised," the prime minister stressed.
Racan added he found certain parts of the indictments unacceptable
and dubious not only as the prime minister, but as the citizen of the
Republic of Croatia. The Croatian government may thus be brought
into the position of implementing indictments, in following its
strategic options and international commitments, some parts of
which it finds unacceptable, Racan said, adding a clear connection
must be made between indicted people and concrete crimes they are
being accused of.
In conclusion, Racan asked of the tribunal's chief prosecutor to
take the points mentioned in the letter into consideration and make
changes to the indictments accordingly.
(hina) lml