Thomas
pre 13 godina
@(Hrvat, 22 September 2010 18:36)
But that is the point - a couple of the people that had their rank removed committed no war crime - one was convicted of embezzling funds during, another of a murder unrelated to the war. It really does raise the question of what the threshold is.
It would be a different story if there was a military court marshal as per the militaries of the Anglo world, but even then it rarely results in a complete loss of rank - perhaps a demotion in rank and or an dishonourable discharge.
This point is an issue only because Josipovic is big on the rule of law mantra.
Yet, he denies these (former) military personnel procedural fairness by exercising a presidential discretion - there is no appelate review or independent scrutiny, which is made all the more serious when that presidential discretion is exercised to remove (as opposed to confer) a right or privilege.
These individuals have been convicted of a crime and sentenced to the ascribed penalty in a court of law.
If the sentence is perceived not to be harsh enough, then the law can be changed or the sentence appealed.
But extra-curial actions like that of the president's undermines the rule of law he professes to wish to institutionalise.
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