Author: Mladen Prenc AUTHOR Mladen Prenc
TRANSLATION Karmen Horvat


FORMER SUPREME COURT JUDGE

MARCH 8 2009 14:03h

Supreme Court Will Confirm Zagorec Ruling

Text

I know that stud-farm at the Supreme Court and can claim with 90 percent certainty that the court will confirm the ruling.

The verdict of judge Sinisa Plese at the trial to retired Croatian general Vladimir Zagorec has divided the Croatian public. Many took the news on the 7-year- sentence with relief, expressing delight with a representative of war profiteering being finally punished, even if it the verdict is still invalid. Not everyone shares this view. The profession, primarily attorneys and judges of various courts, i.e. people who are most informed about criminal proceedings and legal regulations, took Zagorec`s verdict with abhor. The fact that the verdict is not based on material evidence, but exclusively on the testimonies of three witnesses, raised attorneys` doubts in human rights, independent trial and in the end, the functioning of the law-based state. The tacky phrase of most Croatian policy heads “let the law-based state institutions do their work” takes on a totally different meaning with this verdict. According to lawyers, such an institution of a law-based state, the Zagreb County Court, failed in its primary function by passing the verdict without any material evidence. Next time when the defenders of the Constitutive order use their diplomatic phrases, they need to think long and hard about the meaning of what was said, because the act of a Croatian court questioned the credibility of institutions and the existence of the law-based state in general.

“God forbid a state where someone is trialled without evidence”

In a conversation for Javno news site, former Croatia`s Supreme Court judge commented the verdict of judge Sinisa Plese, who sentenced Vladimir Zagorec to 7 years in prison.

Mesic will not wait for a valid verdict

Croatian President Stjepan Mesic said that retired general Zagorec would be stripped of his medals even before a valid verdict is passed.

- God forbid a state where someone is trialled without evidence. I am shocked and aghast, because I had expected acquittal. Such a justice scandal questions the freedom of human rights in Croatia. If Zagorec was sentenced based on hearsay, without material evidence, this points that you or I or anyone else can be sentenced tomorrow, based on accusations of suspicious witnesses exclusively. This is nonsense, having in mind any sort of a legal base. I agree with the statement of attorney Zvonimir Hodak who said that the Croatian justice system regressed to 1945. Agreed criminal policy ruled at the time, created by police heads, state attorney and court heads. However, that was an entirely different regime and I hope that Croatia is not returning to that dark period – a former Croatia Supreme Court judge told us, who wished to remain anonymous because of professional regulations.

Ordering verdicts

The next stage in the defence of Vladimir Zagorec is the Supreme Court. Zagorec`s attorney

Who knows, perhaps President Mesic will pardon Hrvoje Petrac as well, in the final month of his term. He can do anything.

Attorney Zvonimir Hodak

Zvonimir Hodak told us after the verdict that he would use the entire range of institutions, from the Supreme Court to the International Court for Human Rights in Strasbourg. He said he hopes that no court in Croatia would accept the disgraceful verdict of the Zagreb County Court. Unlike Hodak, our collocutor did not share his optimism.

- I know that stud-farm at the Supreme Court and can claim with 90 percent certainty that the court will confirm the ruling. You know, you could always order the verdict you wanted at the Supreme Court, and I know that the situation is the same today. After all, the situation was always more troubled at the Supreme Court than at the County Court. However, I have to mention the latest events at the Zagreb County Court. Ivan Turudic, who is considered an elite judge now and who was appointed president of the new USKOK [Office for the Prevention of Corruption and Organised Crime] court`s Criminal Department, is the same judge who sentenced Hrvoje Petrac without any evidence. Sinisa Plese was appointed an USKOK judge as well, who has now sentenced Zagorec without any evidence. If such an elite will head organised crime and corruption cases, none of Croatian citizens would be able to count on the court proceedings`objectivity. After all, in the end, it should be clear to everyone that the courts do not run the proceedings, but party policy of Croatian Prime Minister Ivo Sanader – our collocutor believes.

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