War crimes indictments

Josipovic asks for assessment of constitutionality of law invalidating Serbian indictments

27.12.2011 u 19:45

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President Ivo Josipovic has filed a request with the Constitutional Court to assess the constitutionality of the law invalidating certain decisions of the judicial authorities of the former Yugoslav People's Army, the former Socialist Federal Republic of Yugoslavia, and Serbia, the President's Office said in a statement on Tuesday.

The President said in his request that the law violated the constitutional right of veterans of the 1991-1995 Homeland War to defence in a possible war crimes trial, exposed them to legal uncertainty and denied them the right to remove any unfounded charges against them in cooperation with the Serbian authorities.

Given that it is a piece of organic legislation, Josipovic claimed that the Croatian Parliament had not passed it by a majority required by the Constitution. He also said that contrary to the Constitution the law gave the authority to the Minister of Justice to decide whether or not actions that fall within the jurisdiction of regular courts would be taken, and that the law was contrary to the constitutional provisions governing relations between international treaties and domestic laws.