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ICTY Appeals Chamber upholds decision removing Separovic from Markac defence team

Autor: ;vmic;
ZAGREB/THE HAGUE, May 4 (Hina) - The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) on Friday rejected the appeal by attorney Miroslav Separovic against the decision of the Trial Chamber to remove him from the defence team representing Croatian General Mladen Markac due to conflict of interest, saying that the Trial Chamber had made no error in its decision.
ZAGREB/THE HAGUE, May 4 (Hina) - The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) on Friday rejected the appeal by attorney Miroslav Separovic against the decision of the Trial Chamber to remove him from the defence team representing Croatian General Mladen Markac due to conflict of interest, saying that the Trial Chamber had made no error in its decision.

The Appeals Chamber dismissed the appeal in its entirety, saying that the appellant's further representation of Markac was likely to "irreversibly prejudice the administration of justice."

On March 6, the Trial Chamber removed Separovic from the case, concluding that he was in conflict of interest on two grounds -- because he has a personal interest in the case to protect himself as a former Croatian minister of justice whose ministry was potentially accountable for omissions, and because the defence team representing General Ante Gotovina said that he was a necessary witness for the issue of functioning of military courts.

Croatian army generals Ante Gotovina, Ivan Cermak and Mladen Markac are charged with war crimes committed during and in the wake of the Croatian military operation "Storm" in the summer of 1995, which crushed the Serb rebellion in Croatia.

The start of their joint trial has in the meantime been postponed indefinitely.

Separovic said after the announcement of the Appeals Chamber's decision that Markac was disappointed with the decision.

"He is disappointed because he had hope. I assured him that I would stay with him and help him, because we're not bound just by the attorney-client relationship but also by friendship," Separovic told Hina by telephone.

Separovic said he would continue helping Markac's defence team, but would respect the tribunal's decision barring him from appearing in court.

General Markac is also represented by attorney Goran Mikulicic, who told Hina in a telephone interview on Friday that negotiations were under way with a US attorney of Croatian origin to replace Separovic on Markac's defence team.

(Hina) vm

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