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Australia court rejects accused Serb war criminal extradition appeal

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Australian Federal Court Tuesday dismissed the application of former Serbian paramilitary commander Dragan Vasiljkovic for review of a 2007 extradition order that he be handed over to Croatian authorities. Vasiljkovic, also known as Daniel Snedden, is accused of war crimes in connection with his treatment of Croatian prisoners during the 1991-1995 War of Independence. Justice Dennis Cowdroy rejected Vasiljkovic's arguments that he would not be afforded a fair trial in Croatia:The Court ... finds that there is no specific evidence of pre-trial bias against the applicant, nor is there a nexus established between the applicant's apprehension and the question of whether he would be prejudiced at his trial. Further, the evidence before the Court establishes that the Croatian judiciary is capable of providing a fair trial to the applicant.Cowdroy also found that there is no requirement for a jury trial under Section 80 of the Australian Constitution, nor was the delay between the offenses and extradition an abuse of process, since Vasiljkovic would be tried in Croatia, and not in Australia. Vasiljkovic was arrested in Australia in 2006 at Croatia's request. In 2007, a lower Australian court ordered that he be handed over to Croatian authorities pursuant to their extradition request. Vasiljkovic moved to Australia in 1969 at the age of 15 and became an Australian citizen before returning to Serbia to participate in the conflict. A former prosecutor at the International Criminal Tribunal for the Former Yugoslavia accused Australia in 2005 of becoming a safe haven for war criminals.

Full post as published by JURIST - The Paper Chase on February 03, 2009 (boomark / email).