IM, Interpol Serbia chief on red notice controversy

Interior Minister Ivica Dačić says the Interpol decision to suspend the warrant Serbia issued in the Dobrovoljačka war crimes case sets an "absolute precedent".

Izvor: Beta

Monday, 06.07.2009.

13:12

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Interior Minister Ivica Dacic says the Interpol decision to suspend the warrant Serbia issued in the Dobrovoljacka war crimes case sets an "absolute precedent". “The Justice Ministry and our Interpol will do everything to get to the bottom of this,” he was quoted as saying on Sunday. IM, Interpol Serbia chief on red notice controversy Meanwhile, Director of the Serbian Interpol Bureau Milos Oparnica said that the red Interpol notices in this case have not been abolished, but will not be forwarded to other countries temporarily, until the dispute regarding the case has been solved. Oparnica said that the warrants have not been canceled but “are currently invisible”. He explained that the only body that can abolish the warrants is the court that issued them. He also stated that Interpol, the police of any country, or an international organization, cannot go into the legal content of the warrants' validity, and that while the dispute was ongoing, "these documents would not be sent to other countries". According to him, the Serbian branch of Interpol has suggested that a joint meeting of all interested sides be held, and that three letters explaining the legal basis for issuing the red notices, the reasons and all the needed fact that could help in passing a legal decision have been forwarded to Interpol's General Secretariat. We have pointed to all the fact, in cooperation with the Serbian Justice Ministry, Oparnica was quoted. “Another thing that caused a problem for us is the fact that the explanation of the temporary decision of the general secretariat to prohibit distribution of warrants stated that country ‘A’ cannot issue a warrant against a citizen of country ‘B’ if country ‘B’ does not approve,” he said. This, Oparnica continued, sets “a huge precedent in the procedures of the international organization itself and, basically, gives it a mandate which it does not have—to enter the essential legal aspects of the case”. The Bosnian Security Ministry stated on Thursday that Interpol made a decision to "definitively cancel" the red notices issued against Bosnian citizens in the Dobrovoljacka Street case. The Serbian War Crimes Prosecution issued the international warrants for the arrest of 19 persons from Bosnia-Herzegovina, suspected of involvement in the massacre committed in early May 1992 in Sarajevo's Dobrovoljacka Street when retreating Yugoslav People's Army (JNA) soldiers were attacked. The incident, which came ahead of the start of the war in Bosnia, was qualified by the Serbian indictment as "war crime against the ill and wounded, unlawful killing and wounding of the enemy, and use of unauthorized means of combat", resulting in the murder of at least 18 people. The names in the warrants include wartime Bosnian presidency members Ejup Ganic and Stjepan Kljujic. A May 1992 file photo of Dobrovoljacka St. in the wake of the attack (Tanjug) "Serbian court ruling still in force" Justice Minister Snezana Malovic has said that the Interpol decision is not founded in international law and that the Hague Tribunal had said there were no obstacles to issue these arrest warrants. "The decision of our court on the issue of arrest warrants is still in effect. All the other acts of the court are also still in effect and the case is still active for us," Malovic said in a statement for the Sunday edition of the Belgrade daily Politika. The arguments given by Interpol do not stem from the rules of international law or from the rules implemented by the Interpol organization, she said.

IM, Interpol Serbia chief on red notice controversy

Meanwhile, Director of the Serbian Interpol Bureau Miloš Oparnica said that the red Interpol notices in this case have not been abolished, but will not be forwarded to other countries temporarily, until the dispute regarding the case has been solved.

Oparnica said that the warrants have not been canceled but “are currently invisible”. He explained that the only body that can abolish the warrants is the court that issued them.

He also stated that Interpol, the police of any country, or an international organization, cannot go into the legal content of the warrants' validity, and that while the dispute was ongoing, "these documents would not be sent to other countries".

According to him, the Serbian branch of Interpol has suggested that a joint meeting of all interested sides be held, and that three letters explaining the legal basis for issuing the red notices, the reasons and all the needed fact that could help in passing a legal decision have been forwarded to Interpol's General Secretariat.

We have pointed to all the fact, in cooperation with the Serbian Justice Ministry, Oparnica was quoted.

“Another thing that caused a problem for us is the fact that the explanation of the temporary decision of the general secretariat to prohibit distribution of warrants stated that country ‘A’ cannot issue a warrant against a citizen of country ‘B’ if country ‘B’ does not approve,” he said.

This, Oparnica continued, sets “a huge precedent in the procedures of the international organization itself and, basically, gives it a mandate which it does not have—to enter the essential legal aspects of the case”.

The Bosnian Security Ministry stated on Thursday that Interpol made a decision to "definitively cancel" the red notices issued against Bosnian citizens in the Dobrovoljačka Street case.

The Serbian War Crimes Prosecution issued the international warrants for the arrest of 19 persons from Bosnia-Herzegovina, suspected of involvement in the massacre committed in early May 1992 in Sarajevo's Dobrovoljačka Street when retreating Yugoslav People's Army (JNA) soldiers were attacked.

The incident, which came ahead of the start of the war in Bosnia, was qualified by the Serbian indictment as "war crime against the ill and wounded, unlawful killing and wounding of the enemy, and use of unauthorized means of combat", resulting in the murder of at least 18 people.

The names in the warrants include wartime Bosnian presidency members Ejup Ganić and Stjepan Kljujić.

"Serbian court ruling still in force"

Justice Minister Snežana Malović has said that the Interpol decision is not founded in international law and that the Hague Tribunal had said there were no obstacles to issue these arrest warrants.

"The decision of our court on the issue of arrest warrants is still in effect. All the other acts of the court are also still in effect and the case is still active for us," Malović said in a statement for the Sunday edition of the Belgrade daily Politika.

The arguments given by Interpol do not stem from the rules of international law or from the rules implemented by the Interpol organization, she said.

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