ECHR notes that the court’s decision is final.
Pozder was convicted in absentia in 1998 and sentenced to 20 years in prison for war crimes against civilians in the village of Škabrnja in the Zadar hinterland, after which he called for a retrial in 2012 which was rejected by the Supreme Court.
The ECHR determined that Pozder participated personally in the early stages of the investigation against him prior to being released from prison and exchanged as part of a prisoner exchange agreement.
Hence he had some knowledge about the proceedings against him, however, he was never subsequently called to trial nor did the Croatian authorities inform him that the proceedings were continuing against him, the court said and added that it could not conclude whether Pozder attempted to avoid the trial or whether he waived the right to appear before a domestic court.
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