LAST HEARING HELD ON OCCASION OF REQUEST FOR TUTA'S EXTRADITION

ZAGREB, Sept 1 (Hina) - The final hearing on the occasion of the request of the International Criminal Tribunal for the Former Yugoslavia for the extradition of Mladen Naletilic Tuta was held at the Zagreb County Court on Wednesday. The panel of judges will notify all interested parties about their ruling by letter. At today's hearing, representatives of the defence and the prosecution presented their closing arguments, while an expert witness testified about the defendant's health condition. Defence attorney Vjekoslav Krsnik suggested that the panel of judges return the indictment to the ICTY Prosecutor's Office so that it may specify the defendant's accountability for each crime mentioned. "The indictment is based on criteria of objective accountability, which is impermissible given that Croatia's judiciary has not been given the possibility to judge if these are criminal acts which according to The Hague tribunal's statute fall under its jurisdiction," Krsnik said. With an indictment so formulated, the tribunal's Prosecutor's Office has exceeded its authority, by prejudging guilt and relying on the criterion of objective accountability, he added. Zagreb County State Attorney Marija Jambor said all legal conditions of the Constitutional Law on Croatia's cooperation with the ICTY have been met with regard to Tuta's extradition. The ICTY indictment charges Tuta with crimes against humanity committed on Bosnian territory between April 1993 and January 1994 as the commander of a so called prisoners' battalion, with serious violations of Geneva conventions, and violations of the law and customs of war. Tuta said he understood the indictment, but that he did not feel guilty on any count. He said he was "guilty if to defend the Homeland is a crime." Expert physician Anton Smalcelj said the defendant suffers from angina pectoris. Tuta was not able to attend trial for some time due to poor health and the risk of heart attack. The defendant is better now and has been allowed to stand trial, even though he has been advised to undergo treatment in a civil hospital, Smalcelj said. In his closing argument, Tuta's defence said the ICTY Prosecutor's Office has violated articles six and seven of the tribunal's statute. "By including in the indictment alleged actions on the part of Croatian Army units on BH territory, an allusion is being made to the possible accountability of Croatia for actions for which only a person can be held accountable, and this is impermissible according to regulations of The Hague tribunal's Statute," he said. Krsnik said it would be logical for the trial against Tuta in Croatia to be completed first, given that the crimes for which The Hague tribunal is competent have no statute of limitations. The Zagreb County State Attorney's Office has not yet made a decision relative to the defendant's request of March 30 that the crimes which are the subject of the ICTY indictment be processed in Croatia. Krsnik believes Tuta's extradition cannot be considered before the decision has been made. "The Croatian judiciary would conduct a speedy and efficient trial, and proceedings would be over before a first hearing in The Hague were organised," Krsnik said. He suggested that the panel of judges adopt the defence proposal and turn down The Hague tribunal's demand. Krsnik will appeal to the Supreme Court if his proposal is rejected. (hina) ha