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Serbia filed a complaint about the decision of the judge of the criminal court mechanism in The Hague: that members of the radical party of Serbia Vjerica Radeta and Petar Jojic, accused of attempting to be prosecuted, # 39; There and not in Serbia, and the friend of the accused (friend of the prosecutor) today, contrary to the appeal, arguing that it must be rejected.
Vjerica Rade, Vojislav Seselj and Zoran Krasic, Photo: Dejan Briza
* In June 2018, Turkish judge Aydin Sefa Akaj decided to hand over the case to Serbia and canceled the arrest warrant for Jojić and Rade, which is in force since 2015.
* A new decision to try Radeta and Jojic in The Hague, after re-awarding it, brought a new judge in this case Liu Daćun on May 13, which annulled the previous decision to give the case in Judgment in Serbia.
* The same decision ordered that they be arrested and extradited to the Hague
In explaining his response to Serbia's complaint published by the Mechanism, the amicus curia of the Prosecutor's Office states that the Appeals Chamber of the Mechanism has not yet decided whether to accept the appeal of Serbia at all, but that amicus is examining his response to the appeal, but he presents it in case the group of appels Serbs have the right to appeal.
Court of the Hague Court, Photo: Advanced
"Serbia's call should be rejected. Serbia did not show that the judge's decision contained a specific error in the law enforcement or that it was so unfair or irrational to constitute an abuse of its discretion," it says , among other things, in the response of amicus curie.
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It states that the decision of the judge of the person is fair and reasonable and that it includes the complete validation of his discretion, whereas for the communications of Serbia already he has considered.
The new decision to try Radeta and Jojic in The Hague, after being resolved, was taken on May 13 by a new judge in this case, Liu Daqun, who annulled the previous decision of to give the case to the trial of Serbia.
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The same decision ordered that they be arrested and extradited to the Hague.
Vjerica Rade, Photo: M. Jović
He considers that the key witnesses of the case stated that they will not give evidence if the trial was in Serbia for "concern for their safety and the security of their families."
Radeta and Jojic, positions of the Radical Party Serbia (SRS), are accused of contempt for the courts, allegedly intimidating, threatening and offering bribes to the witnesses in the case against SRS President Vojislav Seselj.
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There are two witnesses under the pseudonym W1 and W2 that, according to the Hague Accusation, were under pressure to declare in favor of Seselj and that they took money from the radical party of Serbia.
Previously, Serbia has expressed its willingness to pursue this case, guaranteeing the justice and justice of the procedures and the adequate protection of the witnesses.
In June 2018, Turkish judge Aydin Sef Akaj decided to hand over the case to Serbia and then canceled the arrest warrant against Jojić and Rade, which is in force since 2015.
The Security Council of Akai did not extend the mandate to the Mechanism, and Judge Liu Daqun was appointed in December.
The Public Prosecutor's Office has opposed the transfer of cases to the judiciary and decided in December 2018 that it be reconsidered.
Jojić and Rade accused of contempt for the court, Photo: Alo!
Serbia refused to arrest and extradite Jojić and Rade to the Hague tribunal in 2015 after the Serbian judicial authorities concluded that there were no conditions for extradition, since neither the Statute of the Council of Security of the United Nations on the work of the Court, nor the Law of cooperation with the Court of The Hague did not foresee the crime that is accused.
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Following the case of the Hague Court after his imprisonment on November 31, 2017, court judges concluded that it is in the interests of justice and the convenience of transferring this case to a state in the territory of which the crime was committed, that is to say, in Serbia.
After that, the individual judge is responsible for coordinating the case and the specific decision.