Gotovina Provisional Release Ruling Challenged

Croatia has appealed tribunal judges’ decision last week to deny Croatian army general Ante Gotovina’s request for provisional release pending trial.



In their ruling, the judges noted that they were not convinced Gotovina would return to The Hague for his trial, despite assurances from the Croatian government.



They also pointed out that Gotovina had not surrendered to the tribunal voluntarily and that “he had actively evaded arrest for a significant period of time”.



Although Gotovina proposed to be put under house arrest and to wear an electronic tag at all times to help police monitor his movements, the judges said such a 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”.



In their response to this decision this week, the Croatian government stated that the tribunal had “made a mistake by deeming that Croatian guarantees did not offer enough assurances that General Gotovina would be returned to the court”, adding it was capable of controlling the general’s stay in Croatia.



“Croatia is a country fully capable of meeting all of its international obligations, including its obligation to monitor and return Gotovina for trial at the [Hague tribunal] pursuant to the guarantee issued by Croatia in this case,” their statement read.



The judges’ decision should be overturned and Gotovina should be allowed to await trial in his hometown of Pakostani, the statement continued.



Gotovina is indicted for war crimes committed against Serb civilians during the Croatian military offensive Operation Storm in 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.



Merdijana Sadovic is IWPR’s tribunal project manager.