Case No: IT-01-47-PT

IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius

Registrar:
Mr Hans Holthuis

Order of:
6 December 2001

PROSECUTOR

v

ENVER HADZIHASANOVIC
MEHMED ALAGIC
AMIR KUBURA

________________________________________________________________________________

ORDER GRANTING LEAVE TO REPLY

________________________________________________________________________________

The Office of the Prosecutor:

Ms Jocelyne Bodson
Mr Ekkehard Withopf

Counsel for the Accused:

Ms Edina Residovic for Enver Hadzihasanovic
Mr Vasvija Vidovic and Mr John Jones for Mehmed Alagic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura

 

THIS TRIAL 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 ("the Tribunal"),

BEING SEIZED of two "Application[s] for Leave to File a Reply to Prosecutionís Response to Application for Provisional Release" ("the Applications"), both filed on 4 December 2001 by counsel for Enver Hadzihasanovic and Amir Kubura ("the accused");

NOTING the confidential Applications for Provisional Release filed by the accused on 16 November 2001, and by Mehmed Alagic on 15 November 2001 ("Applications for provisional release"), and the confidential responses to the Applications for provisional release filed by the Office of the Prosecutor on 29 November 2001("the Prosecution response");

NOTING the Order Granting Leave to Reply issued on 4 December 2001 in respect of Mehmed Alagic ("Order"), which granted Mehmed Alagic leave to reply in relation to whether his surrender was voluntary, and to file a personal guarantee;

NOTING that the Applications seek leave to file a reply in order that the accused may address some of the same arguments as addressed in the Order,

NOTING that the Applications also seek leave to reply on the issue of the guarantees that the Government of the Federation of Bosnia and Herzegovina is willing to provide ("Guarantees");

NOTING that Rule 65 (C) of the Rules of Procedure and Evidence of the Tribunal ("the Rules") provides that a Trial Chamber "may impose such conditions upon the release of the accused as it may determine appropriate, including the execution of a bail bond and the observance of such conditions as are necessary to ensure the presence of the accused for trial and the protection of others";

NOTING the identical letter dated 8 October 2001 from the Prime Minister of the Government of the Federation of Bosnia and Herzegovina, attached to each of the Applications for provisional release;

NOTING the general nature of the "affidavit" filed by Enver Hadzihasanovic and of the written statement filed by Amir Kubura, both attached to their Application for provisional release;

CONSIDERING that the Trial Chamber would be assisted by more detailed submissions on the circumstances of the detention of the three accused in Bosnia and Herzegovina, their family situation, and what occupation the accused intend to engage in if provisionally released;

CONSIDERING that the above-mentioned issues arise in relation to the three Applications for provisional release;

PURSUANT TO Rules 54 and 65 of the Rules,

HEREBY GRANTS Enver Hadzihasanovic and Amir Kubura leave to file a reply to the Prosecution response on the issues mentioned in the Applications, including the issue of more specific and detailed Guarantees, and undertakings from the accused, and the circumstances of their detention in Bosnia and Herzegovina, their family situation, and what occupation they intend to engage in if provisionally released;

ALSO GRANTS leave to Mehmed Alagic to file submissions on the issues referred to above in respect of Enver Hadzihasanovic and Amir Kubura, AND

ORDERS that the above-mentioned documents be filed by Tuesday 11 December, 12.00 p.m.

 

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

Done this sixth day of December 2001
At The Hague
The Netherlands

________________________________
Wolfgang Schomburg
Presiding Judge

[Seal of the Tribunal]