The motion, which was written by Osijek attorney Drazen Matijevic, pointed to Glavas's condition that has been seriously affected by his long-lasting hunger strike.
Glavas is being treated at the Neurology Ward of the Osijek Hospital.
His two-month detention, ruled by the Osijek County Court and upheld by the Supreme Court, expires in about ten days, Matijevic said in the motion.
"There is no reason for Glavas to remain in custody until the start of the hearing, nor during the court proceedings, and one of the reasons is that none of the 120 witnesses heard during the investigative proceedings had reported having been exposed to pressure," Madunic said.
He added that the Constitutional Court was expected to rule soon on two appeals - one referring to Glavas's detention and the other to the transfer of proceedings in the so-called Sellotape case from Osijek to Zagreb and their joinder with the Garage case that has been conducted by the Zagreb County Court.
Glavas, an independent member of Parliament, was indicted, along with six other persons, with the killing of Serb civilians by the Drava River in Osijek in 1991. This case is referred to as the Sellotape case, and Glavas was placed in custody in that case in Osijek on April 17. The Supreme Court ruled that the trial in the case should be transferred to the Zagreb County Court, which has been conducting proceedings against Glavas in the so-called Garage case, in which he is charged with ordering, in Osijek in 1991 and in his capacity as secretary for national defence and commander of the 1st Osijek Battalion, the murder of a Serb civilian, with failing to prevent the maltreatment and killing of imprisoned civilians, and with personally taking part in some of the crimes.