Despite the evidence gathered during investigations, in addition to the evidence handed over by the International Criminal Tribunal for the Former Yugoslavia (ICTY), Croatia's political class is in no hurry to try two of its most notorious politicians charged with war crimes: Branimir Glavas, a member of Parliament and retired general, and Tomislav Mercep, former MP and presidential candidate in 2000, even though this is Croatia's main obstacle to European Union (EU) membership. In the fall of 2005, police conducted a full-scale investigation into the war crimes that had been committed in 1991 in Osijek, the fourth largest city in Croatia, where Glavas was alleged to have been involved in the massacre of Serbian civilians. In May 2006, the Parliament lifted Glavas's political immunity [IJT-51] and on October 26, this powerful politician was incarcerated in Zagreb. It seemed that Croatia's courts had finally decided to confront the dark pages of its recent history. However, the case rapidly degenerated into a farce and analyst Davor Butkovic wrote in the newspaper Jutarnji List that this case had brought about "the death of rule of law in Croatia".�

Following his arrest, Glavas immediately went on a hunger strike. On October 31 he was transferred to the prison hospital, where he continued to refuse any food. Even though he was leaving the hospital for days on end to attend court and listen to witness testimony, his health was allegedly deteriorating. There was unprecedented pressure for his release. On December 1, 2006, Croatian bishops and members of the Croatian Academy of Science and Art sent a petition that contained signatures from various organizations created in the wake of the War of 1991. They justified their appeals based on their "concern for [Glavas's] life", claiming that "he would die from the hunger strike if he was not released from prison". On December 2, the judge of the Zagreb court, Zdenko Posavec, ordered his release. Because Glavas's doctors had declared that he was not fit to attend the court sessions, Judge Posavec also temporarily suspended the investigation and Glavas was again a free man.�

The investigation could still resume this month, if the doctors decide that he has recovered, but the chances that he will be placed into custody again are minimal. By law, this would require a new decision by the Parliament. In 2006, it took pressure from the international community and the full authority of Prime Minister Ivo Sanader to secure enough votes in the Parliament to make the decision. Sanader subsequently suffered a major decline in popularity and it is difficult to imagine that he would take a similar initiative now with the legislative elections just nine months away. "Glavas is well aware that he has the advantage in the upcoming elections and he hopes that the politicians will hint to the court to leave him alone before the elections," said an anonymous Parliament official close to Sanader.�

Regarding the Mercep case, in the spring of 2006, the ICTY provided the Croatian judiciary with a great deal of evidence implicating Tomislav Mercep in war crimes committed in Vukovar, Pakracka Poljana, Gospic and Zagreb. A document recently declassified by the American intelligence agency, the CIA, indicating that the government of Croatia did not want to take any steps to punish Mercep in the hope that the case would be forgotten, caused great consternation in Zagreb. An investigation was finally opened on January 10, even though the Croatian Helsinki Committee for Human Rights had submitted evidence to the state prosecutor back in 1996, and then again in 2002 regarding Mercep's alleged involvement in the murder of 19 Serbian civilians prior to the ex-Yugoslav army's attack on Vukovar in August 1991. �

"Croatia still needs an outside stimulus in order to tackle war crimes. Although already ten years ago we pointed to the evidence that led to Mercep, the prosecution did not do anything," says Zarko Puhovski, President of the Croatian Helsinki Committee. Prime Minister Sanader admitted in a statement on Croatian Television last autumn that this case proved that the EU's criticisms were justified.