IN THE APPEALS CHAMBER

Before:
Judge Richard May, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Wang Tieya
Judge David Hunt
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
18 February 2000

PROSECUTOR

v.

ZLATKO ALEKSOVSKI

_________________________________________

ORDER DENYING PROVISIONAL RELEASE

_________________________________________

The Office of the Prosecutor

Mr. Upawansa Yapa
Mr. Anura Meddegoda
Mr. Norman Farrell

Counsel for Zlatko Aleksovski

Mr. Srdjan Joka

 

THE APPEALS CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Appeals Chamber"),

BEING SEISED OF a "Request for release from detention", filed by Zlatko Aleksovski on 14 February 2000, in which he describes his personal circumstances and challenges his conviction ("Request"),

NOTING that at the hearing of 9 February 2000, the Appeals Chamber rejected Zlatko Aleksovski’s appeal against conviction, allowed the third ground of appeal of the Office of the Prosecution relating to sentence, and stated that it would impose a revised sentence,

NOTING that the Appeals Chamber ordered on 9 February 2000 that Zlatko Aleksovski be remanded into detention, pending the pronouncement of its judgement in this appeal,

CONSIDERING that, while Rule 65(B) of the Rules of Procedure and Evidence, as amended on 30 November 1999, no longer requires an accused to demonstrate exceptional circumstances before release may be ordered, the remaining requirements under that provision must still be satisfied,

CONSIDERING that Zlatko Aleksovski has been convicted both as an individual and as a superior for serious violations of international humanitarian law, including physical and psychological mistreatment of detainees at the Kaonik prison and using them for trench-digging and as human shields,

CONSIDERING that the Appeals Chamber is not satisfied that Zlatko Aleksovski, if released, will appear for judgement,

HEREBY DENIES THE REQUEST.

Done in both English and French, the English text being authoritative.

__________________
Richard May,
Presiding Judge

Dated this eighteenth day of February 2000,
At The Hague,
The Netherlands.

[Seal of the Tribunal]