05.07.2017.

CROATIA'S REQUEST TO TAKE PART IN PRLIC ET AL . CASE REJECTED AGAIN

The Tribunal's Appeals Chamber have rejected Croatia's request for a review of the decision not to grant the state the role of an amicus curiae in the case against former Herceg Bosna leaders. Its second request, to 'rehabilitate' Tuđman, Šušak, and Bobetko, has not been considered at all as Croatia is not a party in the Prlic et al. case

The Tribunal's Appeals Chamber refused to review its decision issued last July rejecting Croatia's motion to be allowed to take part, as an amicus curiae, in the appellate proceedings in the case against six former Herceg Bosna leaders, headed by Jadranko Prlic. Croatia submitted its motion for review in June 2017, after the appellate hearing in the Prlic et al. case invoked a finding from the trial judgment on the role the six accused played in the joint criminal enterprise (JCE) headed by Croatian officials Tuđman, Šušak, and Bobetko.

In addition to the request to review the decision denying it the status of an amicus curiae, Croatia also asked the Appeals Chamber to affirm in its upcoming appeal judgement the statements it made in its Decision of 18 July 2016 that "the Trial Chamber made no explicit findings concerning participation of Tuđman, Šušak, and Bobetko in the JCE and did not find them guilty of any crimes”; that “the presumption of innocence of the three Croatian officials is not impacted” and that “the Appeals Chamber emphasizes that the findings in the Trial Judgement regarding Tuđman, Šušak, and Bobetko in no way constitute findings of responsibility on the part of the state of Croatia”. The motion was filed on 12 June.

The first request to review the decision filed last July was rejected because judges decided that Croatia failed to indicate clearly that the Appeals Chamber erred when it reached its findings. The other request - to 'rehabilitate' Tuđman, Šušak, and Bobetko, was not considered at all as the judges decided Croatia did not have legal standing to submit such a motion as it is not a party in the proceedings against the former Herceg Bosna leaders.