Izvor ; www.krajinaforce.com

Dragan Vasiljkovic wins extradition battle

AN AUSTRALIAN citizen accused of war crimes during the Balkans conflict of the 1990s has won his appeal against extradition to Croatia.

Belgrade-born Dragan Vasiljkovic, 54, also known as Daniel Snedden, moved to Australia with his parents as a child but returned to Serbia in 1991 as a paramilitary commander.

He’s accused of killing Croatian civilians and instructing others to commit murder during his time in Srpska Krajina, a Serbian-dominated part of Croatia, until 1995.

In February, a Federal Court judge dismissed his appeal against a magistrate’s finding that Mr Vasiljkovic was eligible for surrender to the Republic of Croatia.

But today in the Federal Court, a Justices Annabelle Bennett, Geoffrey Flick and Neil McKerracher Bennett, allowed his appeal against that decision.

They concluded Mr Vasiljkovic had established there was a “substantial or real chance of prejudice” if he was extradited.

Further, there were substantial grounds for believing he might be “punished” or imprisoned, and thereby “detained” or “restricted in his personal liberty” and that such treatment would arise by reason of his nationality.

Mr Vasiljkovic has been held in custody in NSW since his arrest in January 2006.

After allowing his appeal, the three judges ordered that he be released from custody.

But they delayed that order until 3pm (AEST) Friday, so an appeal against their decision can be considered.

September 02, 2009
serbsforjustice.com

Danas je vijece od tri sudije Federalnog Australskog Suda uvazilo zalbu Kapetana Dragana o prijasnjoj odluci za njegovo izrucenje Hrvatskoj.
Vijece federalnih sudaca zakljucilo je „da postoji stvarna i realna mogucnost predrasuda“ u hrvatskim sudovima ako bi doslo do sudjenja Kapetanu Draganu u Hrvatskoj. Vijece sudaca je dalje zakljucilo da postoji velika mogucnost da bi Kapetan Dragan mogao biti „kaznjen i zatvoren“ u Hrvatskoj samo zbog njegove nacionalnosti.
Nakon uvazenja Draganove zalbe vijece od tri federalna sudca naredilo je njegovo oslobadjanje na slobodu ukoliko Hrvatska strana do petka 04.09.2009 do 3 sata popodne ne podnese zalbu potkovanu nekim novim cinjenicama protiv ove odluke vijeca sudaca, u suprotnom Kapetan Dragan izlazi iz zatvora u petak u 3 popodne po australijskom vremenu.