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Josipovic, Milanovic say it 's wrong to correlate EAW with Perkovic case

ZAGREB, June 22 (Hina) - Croatia's President Ivo Josipovic believes that even by applying the European Arrest Warrant with no time limits, Croatia cannot extradite former Yugoslav intelligence agent Josip Perkovic to Germany where he is wanted for having masterminded the killing of a Croatian emigrant near Munich in 1983,

On 1 July, when it enters the European Union, Croatia can expect a warrant from Germany for the arrest of Perkovic (68), who is believed to have organised the murder of Stjepan Djurekovic near Munich in June 1983, the German Focus weekly recently reported. Perkovic, who led Croatia's branch of the Yugoslav State Security Service (SDS), is charged with having sent hitmen to kill Djurekovic.

However, the cabinet of Prime Minister Zoran Milanovic has recently proposed amendments to the law on cooperation in judicial and criminal matters with EU member states envisaging that the European Arrest Warrant (EAW) could be applied only for crimes perpetrated after 7 August 2002, which prompted the Opposition to accuse the government of an attempt to prevent Perkovic's handover to Germany.

I think that the matter is absolutely wrongly interpreted, Josipovic said in his comment on the Opposition's remarks, during his interview which the commercial Mediaservis broadcaster published on Friday evening.

Josipovic went on to say that there were other obstacles, apart from possible time limits for EAW enforcement, for Perkovic's extradition.

"Perkovic will be treated just as any other citizen. Perkovic does not have any special status and will not have," Josipovic insisted.

He explained that also in the past the constitution prohibited the extradition of any Croatia citizen.

Josipovic also wonders why Germany has never requested Croatia to conduct proceedings in that case and he also points out the presumption of innocence.

If there are reasons, it is logical that Croatia should conduct proceedings, Josipovic said.

In 2008, Krunoslav Prates, a Croatian citizen, was convicted by the Munich High State Court to life imprisonment for his role in the execution of Djurekovic, who was found dead in a garage in the Bavarian town of Wolfratshausen. During the trial, Prates admitted to having cooperated with the Yugoslav intelligence, notably the chief of the Croatian SDS branch Perkovic, but denied any involvement in Djurekovic's death. Perkovic allegedly gave keys to the garage to as yet unidentified persons, who waited for Djurekovic in the garage outside Munich on 28 June 1983 and shot him dead.

During the announcement of the verdict in July 2008, the Munich court criticised Croatia for showing no interest in the case and for failing to see to it that Perkovic also appeared before the court for this case.

Opposition members that criticise the government for trying to prevent Perkovic's handover, note that Perkovic's son Sasa Perkovic is a security advisor to President Josipovic and was also an aide to Josipovic's predecessor Stjepan Mesic.

The EAW Framework Decision came into force on 1 January 2004 and it envisages that the time frame for the restriction of EAW implementation can be shifted to 7 August 2002 as the last deadline. On 7 August 2002, the European Framework Decision which established EAW, came into force.

Although the Croatian parliament was expected to vote on the proposed amendments about the time restriction for EAW application on Friday, this did not happen.

This postponement of the passage of amendments to the law on cooperation in judicial and criminal matters with EU member states was interpreted by the opposition and media as a sign that the Milanovic cabinet yielded to the pressure from the European Union.

However, PM Milanovic adamantly rejected such speculations and on Friday evening accused the opposition of behaving "imprudently, irresponsibly and dangerously".

During his visit to the town of Sveti Ivan Zelina near Zagreb, Milanovic reiterated that there had been no hidden agenda when the government proposed the time narrowing for EAW application.

"Regardless of what the European Commission may think of that, our motives are only and exclusively to protect our people who participated in the Homeland Defence War against indictments which can come no one knows from where," he said.

If something should be dealt with, it should be dealt with by the Croatian judiciary, he added.

Asked about speculations that his cabinet wants to protect Perkovic, Milanovic responded that one should ask what the law enforcement apparatus had done in the last ten years, alluding to the fact that in that apparatus the current opposition leader Tomislav Karamarko used to be an office-holder.

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