Gotovina's Provisional Release Request Rejected
Tribunal judges decide risk of him absconding is too great.
Gotovina's Provisional Release Request Rejected
Tribunal judges decide risk of him absconding is too great.
Tribunal judges this week denied Ante Gotovina’s request for provisional release, saying they were not convinced that he would return to The Hague for his trial.
In their response to Gotovina’s request to be allowed to return to his hometown of Pakostane pending trial, which was filed in August this year, the judges pointed out that he had not surrendered to the tribunal voluntarily and also that “he had actively evaded arrest for a significant period of time”.
Although Gotovina agreed to remain under house arrest, judges decided the risk of him absconding would be too great, since the accused had already “proven his ability and determination to avoid arrest”.
Gotovina also proposed to wear an electronic tag at all times, which would enable the police to track his whereabouts and would immediately alert them to any violation of the terms of his house arrest.
However, in their decision announced this week, the judges said this device would have “a limited effect to prevent an escape” and would not “eliminate the flight risk as it would merely help to determine that the accused has escaped”.
The Croatian general is indicted for war crimes committed against Serb civilians during the Croatian military offensive Operation Storm of 1995. He was arrested in December 2005 in the Canary Islands after being on the run for four years, and has been in the Hague detention unit ever since.
Gotovina’s submission for provisional request was supported by a guarantee given by the Croatian government, signed by Prime Minister Ivo Sanader, that Gotovina would return in time for his trial and would not pose a danger to anyone.
This week, tribunal judges agreed to allow six former Bosnian Croat officials currently on trial for war crimes to return home during the tribunal’s winter break, scheduled to start on December 17.
The six former high-level officials of the Bosnian Croat wartime entity Herceg-Bosna are on trial for their alleged responsibility for war crimes against Bosnian Muslims and other non-Croats from areas in south-western and central Bosnia during the country’s 1992-95 war.
Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic surrendered voluntarily to the tribunal in April 2004, and their trial started two years later. The prosecution’s case should be wrapped up on January 24, 2008, and the defence’s case is set to commence in March.
Provisional release was also granted this week to former Bosnian army chief General Rasim Delic, who surrendered voluntarily to the tribunal in February 2005. Delic will be allowed to spend the winter holidays with his family in Bosnia and will return to the court on January 11.
Merdijana Sadovic is IWPR’s tribunal programme manager.
In their response to Gotovina’s request to be allowed to return to his hometown of Pakostane pending trial, which was filed in August this year, the judges pointed out that he had not surrendered to the tribunal voluntarily and also that “he had actively evaded arrest for a significant period of time”.
Although Gotovina agreed to remain under house arrest, judges decided the risk of him absconding would be too great, since the accused had already “proven his ability and determination to avoid arrest”.
Gotovina also proposed to wear an electronic tag at all times, which would enable the police to track his whereabouts and would immediately alert them to any violation of the terms of his house arrest.
However, in their decision announced this week, the judges said this device would have “a limited effect to prevent an escape” and would not “eliminate the flight risk as it would merely help to determine that the accused has escaped”.
The Croatian general is indicted for war crimes committed against Serb civilians during the Croatian military offensive Operation Storm of 1995. He was arrested in December 2005 in the Canary Islands after being on the run for four years, and has been in the Hague detention unit ever since.
Gotovina’s submission for provisional request was supported by a guarantee given by the Croatian government, signed by Prime Minister Ivo Sanader, that Gotovina would return in time for his trial and would not pose a danger to anyone.
This week, tribunal judges agreed to allow six former Bosnian Croat officials currently on trial for war crimes to return home during the tribunal’s winter break, scheduled to start on December 17.
The six former high-level officials of the Bosnian Croat wartime entity Herceg-Bosna are on trial for their alleged responsibility for war crimes against Bosnian Muslims and other non-Croats from areas in south-western and central Bosnia during the country’s 1992-95 war.
Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic surrendered voluntarily to the tribunal in April 2004, and their trial started two years later. The prosecution’s case should be wrapped up on January 24, 2008, and the defence’s case is set to commence in March.
Provisional release was also granted this week to former Bosnian army chief General Rasim Delic, who surrendered voluntarily to the tribunal in February 2005. Delic will be allowed to spend the winter holidays with his family in Bosnia and will return to the court on January 11.
Merdijana Sadovic is IWPR’s tribunal programme manager.
