Divjak, who is the foundation's executive director, has sent letters to top Austrian officials, including the president, the chancellor and ministers, saying that his Austrian lawyer has provided the judicial authorities in Vienna with evidence denying allegations that he was responsible for what happened in Sarajevo's Dobrovoljacka Street while Yugoslav People's Army troops were retreating from the Bosnian capital on 3 May 1992. Several officers and soldiers were killed when clashes erupted between the retreating JNA troops and the forces defending Sarajevo.

Also, evidence was provided showing that Divjak has never been suspected of war crimes by the international Criminal Tribunal for the former Yugoslavia (ICTY) and that no Interpol warrant for his arrest has been issued.

Divjak was arrested at Vienna airport on 3 March on a warrant that Serbia had sent directly to Austria. After that Serbia asked Austria to extradite him to Belgrade. In the meantime the Office of the Prosecutor in Bosnia and Herzegovina also sent a request for Divjak's transfer back to Sarajevo. Bosnian authorities said that they were also investigating the Dobrovoljacka Street case and that they had interviewed Divjak on the matter but that they had not issued any indictment against him.

The Austrian judicial authorities have not yet given their position on the requests from Belgrade and Sarajevo.

Divjak was released on EUR 1 million bail on 8 March. He was barred from leaving Austria and since then he has been waiting for the Austrian authorities' decision on extradition.

During the war, Divjak was a deputy commander of the Bosnian Army Main Staff.

His apprehension sparked off criticism in Bosnia against Serbia over its attempts to prosecute people in the area of former Yugoslavia regardless of their current citizenship.