Bosnian Justice Minister Barisa Colak has told the press in Mostar that the State Court of Bosnia and Herzegovina should have waited with its non-final ruling on the extradition of Croatian war veteran Tihomir Purda to Serbia because Serbian judicial authorities can still discontinue proceedings against him and withdraw their request for his extradition after he is questioned in custody in Bosnia and Herzegovina next week.
"The court's ruling is unusual, to say the least, because the court was not bound by the extradition deadline since Serbia requested from Bosnian prosecutors that Purda be questioned," Colak said on Friday, adding that the questioning could result in the Serbian judiciary discontinuing the proceedings against Purda and withdrawing the request for his extradition.
Colak would not comment on the court ruling, saying that he did not want to prejudge the outcome of the proceedings.
Asked how he would act if the Appeals Chamber of the State Court upheld the ruling, Colak said this would depend on the extradition file.
"The file must contain all details regarding the extradition request, including evidence of founded suspicion that the person committed crimes," Colak said.
Earlier in the day, the Court of Bosnia and Herzegovina granted Serbia's request for Purda's extradition to Serbian authorities.
The court found that all legal prerequisites had been met for the extradition of Purda, currently held in Zenica prison, to Serbia, which wants him in connection with alleged war crimes against prisoners of war and infirm people, court spokeswoman Selma Hadzic said.
Considering the evidence and documentation accompanying Serbia's request for extradition, the court found that Purda may be extradited to Serbia because he is not a citizen of Bosnia and Herzegovina and has not formally requested asylum in Bosnia and Herzegovina.
The court also established that the international warrant for his arrest was issued by relevant agencies and the request for his extradition was sent within the required deadline.
The court did not assess the evidence itself that may possibly refer to Purda's guilt, but only the legal prerequisites for his extradition.
Purda's attorneys Josip Muselimovic and Ana Primorac said they would appeal the ruling with the Appeals Chamber of the State Court.
Hadzic said the Appeals Chamber made rulings in similar cases "relatively quickly."
Regardless of what the appellate court may decide in case an appeal is filed, Minister Colak will have a final say in the matter.
He can either uphold the court's ruling or change it, namely decide on his own if Purda will be handed over to Serbia or not.
Before that, representatives of the Office of the State Prosecutor of Bosnia and Herzegovina will question Purda on Monday at the request of the Belgrade High War Crimes Court. Purda will be questioned as a suspect.
