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Gotovina will plead not guilty on Monday, says defence attorney

Autor: ;rmli;
THE HAGUE, Dec 11 (Hina) - Croatian general Ante Gotovina, who wastransferred to the Hague tribunal's detention unit from Spain onSaturday, will plead not guilty at his initial appearance before thetribunal to charges of war crimes against Serb civilians, committed inthe course and after the 1995 Operation Storm, Gotovina's US attorneyLuka Misetic told Hina by telephone on Sunday.
THE HAGUE, Dec 11 (Hina) - Croatian general Ante Gotovina, who was transferred to the Hague tribunal's detention unit from Spain on Saturday, will plead not guilty at his initial appearance before the tribunal to charges of war crimes against Serb civilians, committed in the course and after the 1995 Operation Storm, Gotovina's US attorney Luka Misetic told Hina by telephone on Sunday.

Misetic, who was on his way to The Hague, said he had talked to Gotovina after his arrival at the tribunal's detention unit and confirmed that the general would enter his plea on Monday rather than use the possibility of doing so in 30 days.

General Gotovina will plead not guilty at his initial appearance, Misetic said.

The Croatian general, who was arrested on December 7, is scheduled to appear before the tribunal at 12.45 pm on Monday.

Considering the short period between Gotovina's arrival in The Hague and his initial court appearance, Misetic said he was not sure that he and attorney Marin Ivanovic, who will arrive in The Hague from Zagreb on Sunday, would manage to complete the registration procedure in order to be in the courtroom with Gotovina.

In that case, the tribunal will appoint defence counsel for the accused only for the purpose of his initial appearance.

The prompt scheduling of Gotovina's initial appearance is linked with Chief Prosecutor Carla del Ponte's wish to be present at the beginning of the proceedings, although she travels to Washington on Monday afternoon, the attorney said.

Asked about Gotovina's condition, Misetic said the general was "feeling well", that he was relaxed and self-confident during the conversation and believed that he would defend himself successfully from the charges.

Asked whether Gotovina would accept the possibility to be interviewed by the tribunal's investigators, Misetic said he believed that he would not, except if it meant the possibility of closing the case before the trial.

"I assume that he will not accept it. There is no reason for an interview, unless we estimate that Carla del Ponte and the prosecution want to check the facts from the indictment so that the case could be solved before the trial starts," Misetic said.

The other attorney for Gotovina, Marin Ivanovic, said on Friday he believed that Gotovina would accept an interview with the investigators, but that this required preparation.

Commenting on the prosecution's plan to move a joinder of Gotovina's case and the case against Ivan Cermak and Mladen Markac so that they could stand trial together, Misetic said this would happen regardless of the fact that all three defence teams opposed it.

Defence attorneys for Cermak and Markac, Cedo Prodanovic and Goran Mikulicic respectively, recently voiced the same position.

General Ante Gotovina, aged 50, who was on the run for four and a half years since the indictment against him was issued in June 2001, is charged with seven counts of crimes against humanity and violations of the laws and customs of war committed against Serb civilians and their property in the area of Knin in the course and after Operation Storm.

He is charged on the basis of individual and command responsibility with five counts of persecution on political, racial and religious grounds, deportation and forced displacement, wanton destruction of cities, towns or villages and the plunder of public and private property.

He is charged on the basis of command responsibility with two counts of murder and other inhumane acts.

The indictment alleges that Operation Storm was intended to establish Croatian authority over the Krajina region of Croatia. According to the indictment, another purpose of the operation was the forcible and permanent removal of the Serb population from that region. The indictment alleges that as commander of the Split Military District, Gotovina was the overall operations commander of Operation Storm in the southern portion of the Krajina region.

The latter purpose of the operation is considered to be the aim of a joint criminal enterprise of the Croatian political and military leadership in 1995 and the indictment alleges that Gotovina committed the stated crimes as part of that criminal enterprise.

The indictment alleges that Croatian forces killed at least 150 Serbs in Krajina while subjecting large numbers of others to inhumane treatment, humiliation and degradation. In addition, it is stated that these forces also plundered and destroyed thousands of Serb-owned dwellings in the municipalities of Benkovac, Donji Lapac, Drnis, Gospic, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj and Zadar, thereby forcing the Krajina Serbs to flee.

(Hina) rml

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