"In the appeal we have cited the reasons why we think that the tribunal was wrong, and these are the permanent agreement of prosecutors (on the release) and the comparison to the 'Prilic and the Others case'," Markac's lawyer Separovic told Hina on the phone.
Other elements warranting the request for the release of the two indictees' from the Scheveningen detention centre are their voluntary surrender, their interviews with the tribunal's prosecutors and their full cooperation.
The lawyers also refuted the gravity of the charges as a possible reason for detaining the two indictees.
"The gravity of charges cannot be a criterion for provisional release, as all charges pressed by the tribunal are grave. As regards the danger of the indictees influencing witnesses, the danger should be more concrete," Separovic said.
The lawyers went on to say that the ICTY (International Criminal Tribunal for the former Yugoslavia) accepted the Croatian government's guarantees in the Prlic case, but it brought into question the government's guarantees for Cermak and Markac "in the light of the Gotovina case".
Jadranko Prlic and five other Bosnian Croat war-time political and military leaders, accused of crimes against humanity and grave breaches of the Geneva Conventions and violations of the laws or customs of war, were recently released from custody pending trial.
Markac's lawyers also cited humanitarian reasons for the release of their client, given that his health is poor.
"We have compared the practice of the ICTY so far with similar cases and drawn a conclusion that the tribunal was wrong. Therefore we ask for their release," Separovic added.
The prosecution has a 10-day deadline to respond to the latest appeal. In case the prosecutors lodge their appeal, the defence teams have a five-day deadline to respond.
The five-member appeals chamber is not bound by any time limit, but judging from the practice it is likely to decide on the matter within a month.
Separovic and lawyer Prodanovic, who defends Cermak, voiced optimism regarding the possible decision of the appeals chamber.
Generals Cermak and Markac, who voluntarily surrendered to the Hague-based tribunal on 11 March 2004, are indicted for crimes against humanity they allegedly committed during the 1995 operation code-named 'Storm' when the Croatian army and police liberated areas previously held by rebel Serbs.
At their initial appearance, the two pleaded not guilty.
On 29 April this year, the trial chamber refused to grant them provisional release. The second request was turned down on 15 September, a final ruling which could be contested only by an interlocutory appeal, which the lawyers today submitted.
Regarding the possibility of letting Croatian doctors examine Markac in the Scheveningen centre, Separovic said that the ICTY had asked for biographies and certificates that the two doctors were members of the Croatian Chamber of Doctors before allowing them to examine Markac. The lawyers are now collecting the necessary documents.