ZAGREB, Oct 15 (Hina) - The Croatian Supreme Court Council on Friday decided that it would adopt a decision in writing on an appeal war crimes suspect Mladen Naletilic Tuta submitted against a Zagreb County Court ruling approving his
extradition to the Hague Tribunal. The Supreme Court today resumed a debate postponed two days ago to give the State Attorney's Office time to take a position on a request by Naletilic's attorney Kresimir Krsnik to have the state attorney and one his deputies exempted from proceedings, due to suspicion in their impartiality. Krsnik's request was rejected by the State Attorney and a board of his deputies, and their decision was read out at the beginning of today's session by the president of the five-member Council, Ana Garacic. The written decision will be forwarded to the Zagreb County Court, the Supreme Court Council decided after Naletilic's attorney
ZAGREB, Oct 15 (Hina) - The Croatian Supreme Court Council on Friday
decided that it would adopt a decision in writing on an appeal war
crimes suspect Mladen Naletilic Tuta submitted against a Zagreb
County Court ruling approving his extradition to the Hague
Tribunal.
The Supreme Court today resumed a debate postponed two days ago to
give the State Attorney's Office time to take a position on a
request by Naletilic's attorney Kresimir Krsnik to have the state
attorney and one his deputies exempted from proceedings, due to
suspicion in their impartiality.
Krsnik's request was rejected by the State Attorney and a board of
his deputies, and their decision was read out at the beginning of
today's session by the president of the five-member Council, Ana
Garacic.
The written decision will be forwarded to the Zagreb County Court,
the Supreme Court Council decided after Naletilic's attorney
presented the closing argument.
Krsnik requested the Council to interrupt the proceedings and
return the indictment to the Hague Tribunal for elaboration.
Krsnik explained his request by saying that the Hague indictment
against his client had been compiled on the basis of objective and
not individual responsibility, i.e. that it was too general.
"If the indictment is accepted, that will have disastrous
consequences for the Croatian state", said Krsnik, adding the
indictment was contrary to the Croatian Constitution and a whole
set of international conventions ratified by Croatia.
In December 1998, the ICTY issued an indictment against Naletilic
charging him with crimes against humanity committed in Bosnia-
Herzegovina between April 1993 and January 1994, during his command
of the so-called "convicts' battalion".
Naletilic has also been charged with grave breaches of the Geneva
Conventions and the violation of the laws and customs of war. On
December 21, the Hague Tribunal sent the Croatian Government an
arrest warrant and an extradition request for Naletilic.
If the Croatian Supreme Court confirm the ruling granting
extradition, the entire Naletilic file will be submitted to Justice
Minister Zvonimir Separovic for signing. The final ruling can be
countered with a constitutional suit.
According to the Constitutional Law's provision on cooperation
with the International Court of Justice in The Hague, the minister
of justice may temporarily delay extradition in case of
extraordinary circumstances and illness.
Naletilic was yesterday hospitalised due to heart trouble.
(hina) rml/ha jn