ZAGREB, July 13 (Hina) - Upon his apprehension by police, which has been requested by the competent court, a suspect - an indictee of the International Criminal Tribunal for the former Yugoslavia (ICTY), should be questioned by an
investigating judge who has issued the order for his arrest, according to the legal procedure. In case the police cannot find the indictee and the investigating judge assesses that he is on the run, a warrant for his arrest is issued. The Interior Ministry can issue an international warrant, if the suspect is believed to be abroad. This procedure which precedes the transfer of the indictee to The Hague is stipulated by the Croatian Constitutional Law on the Cooperation with that Tribunal. The detention in custody, on which the investigating judge decides, cannot last longer than six (6) months i.e. it can last until the indictee's hand-over to the ICTY. A possible appeal against the
ZAGREB, July 13 (Hina) - Upon his apprehension by police, which has
been requested by the competent court, a suspect - an indictee of
the International Criminal Tribunal for the former Yugoslavia
(ICTY), should be questioned by an investigating judge who has
issued the order for his arrest, according to the legal procedure.
In case the police cannot find the indictee and the investigating
judge assesses that he is on the run, a warrant for his arrest is
issued. The Interior Ministry can issue an international warrant,
if the suspect is believed to be abroad.
This procedure which precedes the transfer of the indictee to The
Hague is stipulated by the Croatian Constitutional Law on the
Cooperation with that Tribunal.
The detention in custody, on which the investigating judge decides,
cannot last longer than six (6) months i.e. it can last until the
indictee's hand-over to the ICTY.
A possible appeal against the custody is to be regulated by the
national regulations.
A three-member panel of judges of the county court decides on the
Tribunals' request.
The court should notify the indictee of the request and charges
pressed against him. It will also question him about his acts and
other circumstances important for the decision-making. During the
entire procedure, the indictee must have a defence counsel. If he
does not have his lawyer, the competent court appoint one.
The panel of judges will meet the Tribunal's request about the hand-
over when it establishes that the request refers to the person
processed in the adequate procedure and that charges against him
are within the jurisdiction of the Tribunal according to its
Statute.
The County Court can turn down the Tribunal's request if it
establishes that the suspect is not the person wanted by the
Tribunal or that (criminal) acts are not within the Tribunal's
jurisdiction. The request can be refuted, if the suspect in
question has already been tried for those acts and sentenced
according to the final verdict of a court in the country.
The state prosecutor, the accused person or his counsel can lodge an
appeal against the transfer within eight days. The appeal can hold
up the execution of the decision on the transfer, and the appeal is
to be discussed by a five-member council of Supreme Court judges.
There is no time terms for this council within which it should
decide on the appeal.
The ruling of the Supreme Court's council is final and a party can
file an appeal against it only with the Constitutional Court. This
appeal, however, cannot hold up the execution of the order.
Then it is only Justice Minister who can postpone the transfer in
cases of illness or for some other particularly justified reason.
(hina) sb ms