"We were informed today that our request to file the so-called interlocutory appeal was granted," Markac's attorney Miroslav Separovic told Hina on the phone.
A special three-member panel of judges, presided by Judge Fausto Pocar, granted the request stating that the trial chamber's decision might have been wrong, since the chamber, among other things, did not accept guarantees from the Croatian government that were the same as its guarantees which the chamber accepted before granting provisional release to six Bosnian Croats. The trial chamber also disregarded the prosecution's consent to the generals' provisional release, Separovic said.
The defence counsel have ten days to file the appeal, but they will do it most probably next Monday, he added.
As regards grounds for the appeal, Separovic said they would be extended to include Markac's poor health which the defence warned about at yesterday's status conference in The Hague, when they asked that the general be examined by Croatian doctors to help determine his treatment and therapy.
Markac has had two heart attacks and suffers from diabetes, he receives adequate health care in detention but continues to have problems, tires easily, has chest pains and does not feel well, Separovic said.
The permanent appeals chamber of the UN tribunal, presided by tribunal president Theodor Meron, is expected to rule on the appeal in 1.5 months, Separovic said.
Generals Markac and Cermak are accused of crimes against humanity and violations of the laws and customs of war committed against Croatian Serbs in the course and after the 1995 Operation "Storm".
They have been in custody since March 11 this year when they surrendered voluntarily. They pleaded not guilty to the charges at their initial appearance before the tribunal.