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ICTY judge unhappy with preparations for trial of two Croatian generals

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THE HAGUE/ZAGREB, June 1 (Hina) - A pre-trial judge at theInternational Criminal Tribunal for the former Yugoslavia (ICTY) inThe Hague on Wednesday criticised the prosecution and the defence forlack of progress in preparations for the trial of Croatian generalsIvan Cermak and Mladen Markac.
THE HAGUE/ZAGREB, June 1 (Hina) - A pre-trial judge at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague on Wednesday criticised the prosecution and the defence for lack of progress in preparations for the trial of Croatian generals Ivan Cermak and Mladen Markac.

Judge Kevin Parker said that no satisfactory progress had been made since the last status conference held 120 days ago.

The case seems to be getting out of control, Judge Parker said at today's status conference which was devoted to trial preparations.

Prosecutor Kenneth Scott rejected the criticism, stressing that preparations were going ahead and that the prosecution had disclosed the bulk of evidence to the defence, notably 479 documents, including video recordings, witness statements and transcripts.

Cermak's defence attorney Cedo Prodanovic and Markac's defence attorney Miroslav Separovic drew attention to difficulties arising from the fact that the indictment is not yet final.

The judge said that a decision would be taken soon on the motion filed by the prosecution in May to amend the indictment.

Also under discussion were defence motions to change the conditions for the provisional release of the two generals, which was granted on 3 December 2004.

The defence counsel for Cermak had earlier requested that their client be allowed to stay not only in his Klokovec Castle in the Hrvatsko Zagorje region but also in Zagreb, while Markac's attorneys announced a motion for their client to be allowed to spend the summer on the Croatian Adriatic coast.

"The health of General Markac is bad. He spent last week in hospital and the doctors recommended that he spend the summer on the coast in his apartment 150 kilometres from Zagreb, so we will file a motion to that effect," said the lawyer Goran Mikulicic, a member of the Markac defence team.

Judge Parker said that the motion filed by the Cermak defence would be addressed shortly and took note of the motion to be submitted by the Markac defence.

The judge called on both parties to the proceedings to demonstrate greater progress in trial preparations by the next status conference.

Army general Cermak, former commander of the Knin Garrison following Operation Storm in the summer of 1995, and police general Markac, who commanded special police forces during the operation, are charged with crimes against humanity and violations of the laws and customs of war committed against Serb civilians in the Krajina region from August to November 1995.

The two generals are also accused of involvement in a joint criminal enterprise the alleged purpose of which was the permanent removal of the Serb population from the Krajina.

The ICTY released the indictment in February 2004. Cermak and Markac surrendered on 11 March and rejected all the charges at their initial appearance before the tribunal.

(Hina) vm

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