ZAGREB, Sept 29 (Hina) - President of the International Criminal tribunal for the former Yugoslavia (ICTY), Gabrielle Kirk McDonald forwarded a letter to the UN Security Council chairman, correcting statements made by Croatian Justice
Minister Zvonimir Separovic about their talks held in The Hague on September 15, the ICTY said in a statement Wednesday. In the letter to ambassador Peter van Walsum, sent on September 27, McDonald commented on a letter sent by Separovic to van Walsum dated September 22. According to McDonald, Separovic "states that at that meeting the matter of the transfer of Mladen Naletilic was resolved to the 'satisfaction of the Tribunal's President and Prosecutor'. Moreover, Separovic further states that the issues relating to Operations 'Flash' and 'storm', regarding which I found the Republic of Croatia to be in non-compliance in my letter of August 25, are 'on the verge of being resolved
ZAGREB, Sept 29 (Hina) - President of the International Criminal
tribunal for the former Yugoslavia (ICTY), Gabrielle Kirk McDonald
forwarded a letter to the UN Security Council chairman, correcting
statements made by Croatian Justice Minister Zvonimir Separovic
about their talks held in The Hague on September 15, the ICTY said in
a statement Wednesday.
In the letter to ambassador Peter van Walsum, sent on September 27,
McDonald commented on a letter sent by Separovic to van Walsum dated
September 22.
According to McDonald, Separovic "states that at that meeting the
matter of the transfer of Mladen Naletilic was resolved to the
'satisfaction of the Tribunal's President and Prosecutor'.
Moreover, Separovic further states that the issues relating to
Operations 'Flash' and 'storm', regarding which I found the
Republic of Croatia to be in non-compliance in my letter of August
25, are 'on the verge of being resolved'."
"As these and other characterisations contained in Separovic's
letter are at a variance with my understanding of our discussion, I
would like to put the record straight on these matters. I would also
note that the prosecutor did not attend the meeting and that I have
not discussed the meeting with her," McDonald said in the letter.
"Regarding the transfer of Naletilic, in our meeting Separovic
stated that the Government of the Republic of Croatia was fully
committed to transferring Naletilic immediately and
unconditionally. However, the Croatian delegation informed me that
there were additional judicial proceedings that might have to take
place under Croatian law and that they were uncertain as to when
Naletilic would actually be transferred. They did inform me that
the Croatian Government would vigorously oppose any and all
attempts made by Naletilic to delay his transfer to the
International Tribunal and assured me that the republic of Croatia
would keep the International Tribunal fully informed of all
developments in this regard," the letter said.
McDonald recalled that herself and Separovic had discussed
Croatia's failure to cooperate regarding Croatian military and
police operations "Flash" and "Storm" in 1995.
"During the course of our discussions, the republic of Croatia
informed me that it intended to propose an amendment to the
International Tribunal's Rules of procedure and Evidence, which,
in its view, would address this situation. However, I should note
that at no point did I agree with Separovic's statement that it was
'unfortunate' that the Rules contained or did not contain any
particular provision or procedure. I welcome this proposal, as I
welcome all proposals from Member States regarding possible
improvements to the International Tribunal's Rules, and I will
request that the International Tribunal's Judges consider any such
proposal in due course."
She, however, added that the "International tribunal has not
received any proposal from the republic of Croatia regarding an
amendment to the Rules. Therefore, it is not appropriate to speak of
a 'resolution' of the Republic of Croatia's non-compliance in this
regard."
(hina) lml