'Gems case'

Former gen. Zagorec sues Croatia before Strasbourg court

12.09.2011 u 14:49

Bionic
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Convicted former general Vladimir Zagorec has sued Croatia before the European Court of Human Rights for violating his rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The suit was filed by Zagreb lawyer Visnja Drenski-Lasan on behalf of Zagorec who is serving a seven-year prison term for the theft of gems from a Croatian Defence Ministry safebox 11 years ago.

Drenski-Lasan has won several cases before the court in Strasbourg. She told press on Monday she had filed the suit because a Croatian court had violated her client's right to a fair and unbiased trial and the provision banning discrimination on any ground.

"We have been notified by the court that our suit is filed and that it will be discussed soon," the lawyer said, adding that Zagorec's right to a fair trial had been violated by the Croatian Constitutional Court because it had found that her supplement to the constitutional lawsuit, brought by Zagorec's previous attorney, Zvonimir Hodak, had been filed after the expiry of the legal deadline.

On April 6, the Constitutional Court rejected as groundless Zagorec's complaint against the verdict in the gems case, whereby Zagorec exhausted all legal options in Croatia and turned to the court in Strasbourg.

In his application to the European Court of Human Rights, Zagorec claimed that the guilty verdict against him was not sufficiently explained because the Supreme Court had not responded to the allegations in his appeal and had not even called him to the session after which the guilty verdict was handed down, even though Zagorec had requested so. The Supreme Court thought his appearance would serve no purpose.

Zagorec now wants the court in Strasbourg to establish that his rights were violated, which would enable a retrial. He is also seeking several thousand euros in damages.

The Zagreb County Court sentenced Zagorec to seven years' imprisonment for abuse of office because in 2000, while leaving the post of Assistant Defence Minister, he had taken a bag with gems from the ministry's safebox. The court also ordered that he be dispossessed of property worth 39.4 million kuna (5.4 million euros). The most decorated Croatian general was later stripped of his rank and decorations.