On 14 September, the ICTY issued a decision referring the case against Rahim Ademi and Mirko Norac to the Republic of Croatia. Apart from being the first case in which persons already indicted by the Tribunal have been referred to the Republic of Croatia, it is also the only case that the Tribunal’s Prosecution was requesting to be transferred to the Republic of Croatia. (16-SEP-05)
The decision was based on the findings of the ICTY Referral Bench according to which all requirements, including the protection of witnesses, a fair trial for the accused, and the assurance that the death penalty could not be imposed, have been met.
Background
Although previously charged by the ICTY separately, on 27th May 2004 Rahim Ademi and Mirko Norac faced consolidated indictment charging them with crimes against humanity and violations of the laws and customs of war during the Medak Pocket military operation in 1993, at that time predominantly inhabited by Serbs. During the operation Ademi was Brigadier and Acting Commander of Gospic Military District while Norac was serving under him as a Colonel and Commader of Sector 1 in the same District. The indictment states that by virtue of their high ranking positions both of them “had power, authorities, and responsibility to prevent and punish serious violations of international humanitarian law committed during the Medak Pocket operation”.
Killings, torture and arson
According to the indictment, these serious violations were perpetrated through “unlawful killings of Serb civilians and wounded soldiers, cruel and inhuman treatment of Serb civilians and captured or wounded soldiers, systematic plunder of Serb civilian property during and after the military operation in the Medak Pocket, the destruction of personal property belonging to Serb civilians of the Medak Pocket.”
Great challenge for judiciary
Being the first ICTY case handed over to Croatian judiciary, as a human rights related issue it also represents a great opportunity for improving the record of Croatia’s decade long fight against impunity. In this respect, the Croatian authorities already promised to undertake necessary steps to ensure all the preconditions for the conduct of the trial. -We have good conditions for war crimes court proceedings. We have recently opened new, fully equipped courtroom within the Zagreb County Court. Moreover, our judges and prosecutors received further education by the ICTY experts, said Croatian Minister of Judiciary Vesna Skare-Ozbolt for Hina (Croatian News Agency).
At the moment Rahim Ademi is on provisional release, while Mirko Norac is serving a sentence in Croatia.
