Operation Storm defense lawyer potential witness

The Hague, February 12 (Source: B92) - The Tribunal decided to detain Ivan Čermak, one of Operation Storm generals about to undergo trial.

The Pre-trial chamber hearing the case against the three Croatian generals charged with the crimes during and after Croatian Army Operation Storm decided at the status conference yesterday to revoke its decision suspending the provisional release of another accused, Mladen Markač.

Pre-trial judge Moloto asked Markač’s defense counsel Branimir Separović to state whether he wished to withdraw from the defense team because of “potential conflict of interest”.

Separović might be called to testify in the trial of the three Croatian generals because he was the justice minister in Croatia at the time of Operation Storm.

Separović stated that he wished to remain on Markač’s defense team because, as he said, the interest of his client was above all else. He left it to the Chamber to decide whether he should be disqualified or not.

The Chamber does not have the jurisdiction to rule on this issue, and Judge Moloto asked the representative of the Association of defense Counsel Practicing before the ICTY to take appropriate action in this situation.

Michael Karnavas explained to the Chamber that the Association had already stated its view on this issue, noting in an advisory brief submitted to Chamber that they considered that conflict of interest might arise in this case, but that they could not take any specific steps without a complaint. No complaints have been lodged so far.

Separović noted that his client would suffer “irreparable damage” if he was left without one of his defense lawyers two months before the trial, asking to be allowed to present his views to the Chamber and the Association.

As he said, they would see things in a different light if they had all the facts at their disposal. The Chamber ordered Separović to present his views in writing by next Wednesday.

The trial of Ante Gotovina, Ivan Čermak and Mladen Markač is scheduled to start on May 8, with the prosecution’s opening statement, as Judge Moloto indicated. The three accused were in the same courtroom for the first time yesterday.

<<<