ZAGREB, Dec 23 (Hina) - Zagreb attorney Ivan Kern has proposed that +the Zagreb County Court return the indictment against Dinko +Ljubomir Sakic, a World War II commander of the Jasenovac +concentration camp, to the State Attorney for
amendment.+ Kern, who is Sakic's court appointed attorney, sent the proposal to +the Zagreb County Court on Wednesday.+ Kern suggests that the indictment, which charges Sakic with war +crimes against the civilian population, be harmonised with charges +from the document on Sakic's extradition to Croatia, primarily for +the sake of correcting factual descriptions and a more precise +definition of the time and location of the crimes Sakic is being +charged with, as well as of his position.+ The defendant believes that the current indictment cannot be +discussed because it was drawn up contrary to a guarantee pursuant +to the document on extradition by the Republic of Argentina, and +that, as re
ZAGREB, Dec 23 (Hina) - Zagreb attorney Ivan Kern has proposed that
the Zagreb County Court return the indictment against Dinko
Ljubomir Sakic, a World War II commander of the Jasenovac
concentration camp, to the State Attorney for amendment.
Kern, who is Sakic's court appointed attorney, sent the proposal to
the Zagreb County Court on Wednesday.
Kern suggests that the indictment, which charges Sakic with war
crimes against the civilian population, be harmonised with charges
from the document on Sakic's extradition to Croatia, primarily for
the sake of correcting factual descriptions and a more precise
definition of the time and location of the crimes Sakic is being
charged with, as well as of his position.
The defendant believes that the current indictment cannot be
discussed because it was drawn up contrary to a guarantee pursuant
to the document on extradition by the Republic of Argentina, and
that, as regards concrete facts and the clarity and precision of
descriptions of incriminating activities, it is not on the level as
required by the Law on Criminal Procedure.
Kern warned that the "indictment was not drawn up in keeping with
the powers which the State Attorney, as the plaintiff, has,
according to the extradition document". "It is clear that the
indictment includes some other alleged acts, with which the
defendant is now being charged, although they are not part of the
extradition document".
The State Attorney's position is a clear violation of the
defendant's rights and Croatia's international commitment,
according to which an act of extradition can be requested only for
specific criminal activities, Kern said adding that the defendant
was currently being charged with something else.
Kern also objected that the State Attorney had failed to precisely
define both the time and the place of the committed acts, as well as
the defendant's position at the time.
He added that the indictment was not based on authentic evidence and
was being presented via media, which directly violated the
defendant's rights.
On December 14, the County State Attorney's Office in Zagreb issued
an indictment against Dinko Sakic for war crimes against the
civilian population.
(hina) mm rml