Case: IT-97-25-A
IN THE APPEALS CHAMBER
Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Mehmet Güney
Judge Asoka de Zoysa Gunawardana
Judge Fausto Pocar
Judge Theodor Meron
Registrar:
Mr. Hans Holthuis
Decision of: 12 December 2002
PROSECUTOR
v.
MILORAD KRNOJELAC
DECISION ON APPLICATION FOR PROVISIONAL RELEASE
Counsel for the Prosecutor:
Mr. Christopher Staker
Counsel for the Appellant:
Mr. Mihajlo Bakrač
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 ("International Tribunal"),
BEING SEISED of a request for provisional release filed personally by Milorad Krnojelac ("Appellant") on 14 November 2002 ("Request") in which the Appellant seeks provisional release in order to travel to his hometown of Foca to visit his brother, who is terminally ill;
NOTING the "Prosecution Response to Request by Appellant for Provisional Release" filed on 15 November 2002, and the "Defence Additional Arguments to the Accused’s Request for Provisional Release" filed in reply by the Appellant on 27 November 2002, to which he annexes medical evidence of his brother’s condition, along with a personal guarantee that he will abide by a number of conditions during his release, such as refraining from contact with victims and witnesses, and that he will unconditionally return to the United Nations Detention Unit on the expiry of his provisional release, which he asks to be ordered for a period of no more than 15 days;
NOTING the "Order" issued by the Appeals Chamber on 28 November 2002 by which the Appellant was ordered to submit guarantees from the Government of the Republika Srpska to the Appeals Chamber within ten days;
NOTING the "Defence Submission pursuant to the Order of the Appeals Chamber from the 28th of November 2002", filed by the Appellant on 6 December 2002, to which he annexes a guarantee from the Government of the Republika Srpska proposing that the Appellant be provisionally released, binding itself to respect all directives of the International Tribunal in respect of this matter, and including several specific undertakings with regard to his travel and supervision in the Republika Srpska;
NOTING the "Prosecution Response to the ‘Defence Additional Arguments to the Accused’s Request for Provisional Release’", filed confidentially on 6 December 2002 ("First Prosecution Response"), in which the Prosecution submits that, if the Appellant were granted provisional release, this should be limited to a period of two or three days, and in which the Prosecution sets out a number of conditions which should attach to a grant of provisional release with what it considers to be consistent with the practice of the International Tribunal;
NOTING the "Prosecution Response to the Guarantees Provided by Republika Srpska", filed on 9 December 2002, in which the Prosecution states that it does not oppose the grant of provisional release provided that this is subject to the conditions set out in the First Prosecution Response;
NOTING the "Defense Reply to ‘Prosecution’s Response to the Defence Additional Arguments to the Accused’s Request for Provisional Release’ and to ‘Prosecution’s Response to the Guarantees Provided by Reublika Srpska’", filed on 11 December 2002;
NOTING that, under Rule 65(I) of the Rules of Procedure and Evidence of the International Tribunal, the Appeals Chamber may grant provisional release for a fixed period to convicted persons with regard to whom an appeal is pending if it is satisfied that the convicted person will surrender into detention at the conclusion of the fixed period; that he or she will not pose a danger to any victim, witness or other person; and that special circumstances exist warranting such release;
BEING satisfied on the material presented that the fatal condition of the Appellant’s brother constitutes a special circumstance warranting in this case his provisional release for a fixed period, that the Appellant will surrender into custody at the conclusion of that fixed period, and that he will not pose a danger to any victim, witness or other person during the period of his release;
HEREBY GRANTS the Request and ORDERS that the Appellant be provisionally released for a period of five days under the following terms and conditions:
REQUIRES the Government of the Republika Srpska to assume responsibility for:
AND INSTRUCTS the Registrar of the Tribunal to:
Done in English and French, the English text being authoritative.
Dated this twelfth day of December 2002,
At The Hague,
The Netherlands.
______________________
Mohamed Shahabuddeen
Presiding Judge
[Seal of the Tribunal]