Croatia: Decision on Croatian generals after reviewing of documentation

Croatia: Decision on Croatian generals after reviewing of documentation

Croatian Prime Minister Andrej Plenković met today at the Banski dvori with generals, commanders and senior officers who took part in the military-police operation “Flash.”

The Prime Minister informed the participants of the meeting that on August 6, 2021, the Ministry of Justice and Administration received a diplomatic request from the Prosecutor’s Office of BiH to take over criminal prosecution on suspicion of violating international law within the military-police operation “Flash”.

He emphasized that these were not indictments but a request for the transfer of criminal prosecution sent to Croatia pursuant to Article 34 of the Agreement between the Government of the Republic of Croatia and the Government of Bosnia and Herzegovina on Legal Assistance in Civil and Criminal Matters.

Along with the request, extensive documentation was received, which needs to be analysed in order to determine whether there are formal preconditions for taking over criminal prosecution, ie other obstacles to acting on the request.

Generals, commanders and senior officers of the military-police operation “Flash” were informed about the legal aspects and possibilities related to the handling of the received request, within the international and domestic legal order.

“The decision on the handling of received letters will be made upon completion of a detailed analysis of the submitted documents, which will be prepared by the Ministry of Justice and Administration and submitted to the Government of the Republic of Croatia. The decision will be based on the principle of protection of the national interest, but also the interests of the persons for whom criminal prosecution is requested. The generals, commanders and senior officers who participated in the military-police operation “Flash” will be duly informed decisions about treatment to the request,” says Government in the press release.

In the context of the process, result of the request submitted explained that under Article 36, paragraph 1 of the Agreement, in the specific case the judicial authorities of BiH shall suspend all measures related to the prosecution for the act specified in the request for criminal prosecution.

In conclusion, it was emphasized once again that the submitted letters of request cannot jeopardize the legitimacy of the liberation operation “Flash” and that the Government of the Republic of Croatia will, as before, protect war commanders, Croatian defenders, and the interests of the Republic of Croatia and the dignity of the Homeland War.

In addition to the Prime Minister, the Deputy Prime Minister and Minister of Croatian Veterans Tomo Medved, Minister of Defense Mario Banožić, Minister of Justice and Administration Ivan Malenica and Minister of Foreign and European Affairs Gordan Grlić Radman also attended the meeting.