ZAGREB, Oct 19 (Hina) - Mladen Naletilic Tuta's counsel, lawyer Kresimir Krsnik, on Tuesday announced that he would sue Croatia at the European Court of Human Rights, as a fair and honest trial has not been ensured for his client in
Croatia. Krsnik maintained that the international community had exerted pressure on Croatia and its judiciary uttering threats of sanctions, and thus Naletilic's human rights had been breached. Krsnik told a news conference in Zagreb that the purpose of this suit at the European Human Rights Court is to initiate a discussion whether the Hague-based international war crimes tribunal (ICTY) is legal. He explained his opinion that the ICTY was not constituted in accordance to law but by the will of "big powers". "A court for only one area or for only one or two nations cannot be set up," the lawyer told reporters adding that the United States has been blocki
ZAGREB, Oct 19 (Hina) - Mladen Naletilic Tuta's counsel, lawyer
Kresimir Krsnik, on Tuesday announced that he would sue Croatia at
the European Court of Human Rights, as a fair and honest trial has
not been ensured for his client in Croatia.
Krsnik maintained that the international community had exerted
pressure on Croatia and its judiciary uttering threats of
sanctions, and thus Naletilic's human rights had been breached.
Krsnik told a news conference in Zagreb that the purpose of this
suit at the European Human Rights Court is to initiate a discussion
whether the Hague-based international war crimes tribunal (ICTY)
is legal. He explained his opinion that the ICTY was not constituted
in accordance to law but by the will of "big powers".
"A court for only one area or for only one or two nations cannot be
set up," the lawyer told reporters adding that the United States has
been blocking the establishment of the "real" International
Criminal Tribunal in Rome for two years.
Krsnik said he had lodged an appeal with Croatia's Constitutional
Court adding that he expected that this Court would pass a temporary
measure for the postponement of Naletilic's extradition to the
ICTY, until it makes a decision on the appeal.
The Constitutional Court can announce a temporary measure for the
stay of execution of some ruling if it assesses that such execution
would cause irreparable harm.
Krsnik's aide, lawyer Visnja Drenski-Lasan, believes that
irreparable damage would be done in case of Naletilic's deferral if
the Constitutional Court subsequently established that his
constitutional and human rights were violated.
Naletilic's defence attorneys filed the appeal with the
Constitutional Court asking it to revoke the ruling on his
extradition and that the case be returned to the court of the first
instance. They claim that the ICTY failed to give data on the
identity of the defendant in its request for Naletilic' deferral
although it is obliged to do so. Krsnik maintained that during the
procedure at the court of the first instance it was not established
whether Mladen Naletilic Tuta from the ICTY indictment was exactly
his client.
Naletilic's attorneys also believe that the Hague Tribunal's
indictment, was not issued against Naletilic as an individual but
also against the Republic of Croatia and the Croatian Government.
They elaborated in the appeal to the Constitutional Court that such
situation is against the Hague Tribunal's statute, which has
jurisdiction over trials against individuals and not against
governments and armies of some sovereign states.
Krsnik told reporters that Naletilic, who has been admitted to a
Zagreb hospital due to the heart disease, is still in "very serious
condition".
Croatia's Justice Minister Zvonimir Separovic on Monday delayed
Naletilic's extradition due to the disease.
Commenting on Tuesday's reports in the press and a statement given
by the head of the Rebro Hospital, Doctor Zdravko Brzovic, that
Naletilic was refusing to eat food and to be treated medically,
Krsnik said he knew nothing about his client's hunger strike. "I
visit him twice each day and I have no information of this," Krsnik
said voicing suspicions about the credibility of the doctor's
statement.
At the end of the news conference, Krsnik accused the Croatian
Foreign Ministry of its interference into the trial against
Naletilic by promising to the international community exactly when
Naletilic would be handed over to the ICTY, although the trial which
is being led against Naletilic in Croatia has not been completed
yet. Krsnik added he possessed reliable data on this Ministry's
involvement.
The ICTY charges Naletilic of crimes against humanity and serious
violations of the Geneva Conventions and the laws and customs of war
in southern Bosnia-Herzegovina, which were committed while he was
the commander of the so-called convicts battalion. The Hague
Tribunal demanded his extradition on 21 December 1998. On October
15, this year, Croatia's Supreme Court confirmed the ruling of the
Zagreb County Court in favour of his deferral to the Hague
Tribunal.
Krsnik has also asked the European Court of Human Rights to
pronounce the stay of the execution of Naletilic's extradition
until this Court establishes whether there are reasons for his
extradition and whether his human rights have been violated. But
this court has declined Krsnik's request.
(hina) jn ms