ZAGREB, Oct 18 (Hina) - Croatian Justice Minister Zvonimir Separovic on Monday temporarily suspended the extradition of Mladen Naletilic Tuta to the Hague war crimes tribunal due to Nelatilic's poor health condition.
ZAGREB, Oct 18 (Hina) - Croatian Justice Minister Zvonimir
Separovic on Monday temporarily suspended the extradition of
Mladen Naletilic Tuta to the Hague war crimes tribunal due to
Nelatilic's poor health condition. #L#
Speaking at a news conference in Zagreb, Separovic said his
decision was based on an opinion by a five-member doctors' team
which is following Naletilic's condition.
Stressing that the decision of the Croatian Supreme Court granting
Naletilic's extradition to the Hague tribunal was final and
binding, Separovic said he was forced to "temporarily suspend the
extradition" due to Naletilic's "serious" condition. He reminded
of Article 23 of the Constitutional Law on Cooperation with the
International Criminal Tribunal for the former Yugoslavia (ICTY)
which allows the Justice Minister to temporarily suspend
extradition proceedings in the event of illness of the defendant or
some other special and justified reason.
Separovic said he would inform the ICTY President of his decision in
writing today. The letter will be accompanied by a doctors'
opinion, the Supreme Court ruling granting Naletilic's extradition
and a suggestion for the ICTY to send to Croatia an international
team of doctors in case it wishes to check Naletilic's condition and
the opinion of Croatian doctors.
"We want to assure the Hague Tribunal that the Croatian Government
is ready to implement the Supreme Court ruling as soon as it is
possible", Separovic said, reiterating it was currently impossible
to extradite Naletilic because of his poor health.
Until Naletilic's condition improves, it would be inhumane to
insist on his extradition, said Separovic, adding he was constantly
in touch with the head of the doctors' team, Ivo Cikes.
Asked why the findings of the doctors' team did not include the
opinion on whether Naletilic was able to travel to The Hague,
Separovic said to give such an opinion was not under the
jurisdiction of the doctors' team. "They have established his
condition on the basis of which the decision on the temporary
suspension of extradition was made", Separovic said.
There is no reason to doubt the findings and opinion of the doctors'
team, Separovic said, adding he expected the findings would be
confirmed in the event of international medical arbitration.
"If the Constitutional Court takes a different stand to that of the
Supreme Court, i.e., if it establishes that some of Naletilic's
constitutional rights have been violated, we will respect the
decision of the Constitutional Court", he said.
Answering a question on whether the constitutional complaint by
Naletilic's attorney Kresimir Krsnik, which the Constitutional
Court received today, postpones his extradition, Separovic said it
was "one of the justified reasons which are taken into account when
making a decision on the postponement of extradition".
The Justice Minister also said he had information that the European
Human Rights Court had rejected Krsnik's request on a temporary
measure which would prevent Naletilic's extradition. Krsnik had
filed the complaint shortly after the announcement of the Supreme
Court ruling granting Naletilic's extradition.
The Croatian Government today, on the last day of the given
deadline, sent the Hague Tribunal documents regarding Mario
Cerkez, who has been detained in The Hague since 1997, Separovic
said, adding the documents sent today would not jeopardise national
security.
Separovic announced that by March 14 next year Croatia would send to
the International Court of Justice amended evidence regarding the
suit it filed on July 2 this year against Yugoslavia for genocide
committed between 1991 and 1995.
(hina) mm rml