EXTRADITION PROCESS OF MARTINOVIC TO HAGUE TRIBUNAL COMMENCES

ZAGREB, Aug 7 (Hina) - The Croatian Government on Saturday began the process of extraditing Vinko Martinovic Stela to the International Criminal Tribunal for the former Yugoslavia (ICTY) which has indicted him of grievous violations of international law, Croatian Justice Minister Zvonimir Separovic told a news conference in Zagreb Saturday. Separovic could not precisely state the date when Stela would be transported to The Hague, but said next week was most likely. The Tribunal requested the extradition of Martinovic and Mladen Naletilic Tuta last December, but Croatian authorities had numerous criticisms to their requests, Separovic said. This week's decision of the Supreme Court changed the situation with regards to Vinko Martinovic Stela, and the Government decided there were no obstacles to his extradition, about which it informed the defendant and the Tribunal, he said. Speaking about Tuta's extradition, Separovic stressed all proceedings against him were at a standstill due to his health condition. He recalled Stela's and Tuta's extradition were complex legal problems because of the fact that before the Hague Tribunal issued an indictment against the two, criminal proceedings had begun against them in Croatia for acts different to those mentioned in the Hague indictments, and over which the Tribunal had no jurisdiction. Negotiations between Croatia and representatives of the ICTY, therefore, concentrated on the creation of an adequate legal frame within which Martinovic's extradition would be in accordance with Croatia's commitments to the Tribunal, with the necessity that Croatia completes its court proceedings and the necessity for Martinovic's right to a speedy and fair trial to be protected. Martinovic was indicted in September 1997 for the murder of Jasmina Djukic in Mostar (Bosnia-Herzegovina) in 1996. The Zagreb County Court convicted him of the crime in December, 1998, with the right to appeal. He was sentenced to eight years in prison. Following an appeal, the Supreme Court overturned the verdict and returned the case to court. Various differences occurred in interpretations during talks with representatives of the ICTY, Separovic said. "Prosecutor Louise Arbour claimed the Hague Tribunal was the primary court for war crimes in the former Yugoslavia and had priority over any other proceedings underway in any country. Croatia did not accept this interpretation, because it holds its duty is to complete proceedings when it gathers evidence against someone about crimes committed. In this sense we spoke about the 'national interest' and we stick to our stances that the Hague Tribunal has priorities in war crimes cases and heavy violations of the international law, for which Martinovic was not indicted in Croatia," Separovic said. Despite differences in legal interpretations, Croatia decided to hand over Martinovic to the ICTY, to complement the good cooperation with the Tribunal, which proves, as he said, "the determination of the Republic of Croatia to do more than its basic commitments require it to do in cooperating with the Tribunal". At the same time, Separovic said, Croatia suggested a modus by which all legal proceedings against Martinovic could be completed in the most effective way. Taking into consideration that a great number of cases have been started at the ICTY, Croatia requested that Martinovic he returned to Croatia to stand trial before the Zagreb County Court, should the Tribunal fail to proceed with his case immediately, he said. In case he was convicted, he could begin serving his sentence in Croatia until the beginning of the trial in The Hague, he added. In case he does not complete his sentence before he is transferred to The Hague, Martinovic would be taken back to Croatia to complete the sentence upon the end of the trial. Should the ICTY convict him of crimes he is indicted for and sentence him to prison, Martinovic would serve this sentence pending a possible conviction before the Zagreb County Court, Separovic said. "We believe our requests could be met as we are convinced this would be in the best interest of both the Hague Tribunal and the Croatian justice system," Separovic said. Recalling Croatia was preparing a "White Book" about its cooperation with the ICTY, Separovic said its publishing would provide evidence of the good and consistent cooperation with the ICTY, to which Croatia has referred 15 indictees and more than 170 documents. Separovic also announced the publishing of a list of Serb and Moslem crimes committed against Croats in Croatia and Bosnia-Herzegovina, to be submitted to the ICTY prosecutor. (hina) lml