Captain Dragan wins appeal against extradition to Croatia


 James Madden | September 02, 2009

AN AUSTRALIAN man accused of brutal war crimes in the Balkans in the early 
1990s is set to be released from a Sydney prison after the Federal Court today 
upheld his appeal against his extradition to Croatia.

Daniel Snedden, an Australian citizen who led a Serb paramilitary unit during 
the war in Croatia, is wanted by Croatian authorities over allegations he 
repeatedly raped a female Bosnian prisoner of war, beat a number of Croatian 
prisoners of war, and ordered soldiers under his command to commit murder. 

The 54-year-old, who was known as Captain Dragan during his time as a military 
commander, has been in custody in Sydney since 2006, when he was arrested by 
Australian Federal Police following an extradition request by the Croatian 
Government. 

This morning, Judge Geoffrey Flick ruled that if Mr Snedden was to be 
extradited to Croatia to face trial on war crimes charges, there was "a 
substantial or real chance of prejudice" based on his known political beliefs. 

Justice Flick also found that there "are substantial grounds for believing that 
he may be 'punished' or imprisoned and thereby 'detained' or 'restricted in his 
personal liberty' and such treatment arises 'by reason of his nationality or 
political opinions'." 

The judge ordered Mr Snedden's release, but stayed the order until 3pm on 
Friday to allow lawyers acting for the Republic of Croatia to consider lodging 
an appeal. 

Costs were awarded in favour of Mr Snedden. 

Outside court, a spokeswoman for the "Free Daniel Snedden" group, said she was 
relieved "that justice has prevailed". 

Comment was being sought from the Croatian Government. 

Copyright 2009 News Limited. All times AEST (GMT +10).

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