Case: IT-03-66-PT


Judge Joaquín Martín Canivell, Pre-Trial Judge

Mr Hans Holthuis

Order of:
16 July 2003



Fatmir LIMAJ
Haradin BALA


Office of the Prosecutor:

Mr. Andrew Cayley
Mr. Alex Whiting

Counsel for the Defence:

Mr. Tomë Gashi
Mr. Steven Powles
Mr. Karim Khan


I, Joaquín Martín Canivell, Judge 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 DESIGNATED as the pre-trial Judge in this case;

CONSIDERING that Trial Chamber I is seized of the Application for Provisional Release of Mr. Fatmir Limaj ("the Accused"), filed by the Defence on 23 June 2003 ("the Application");

CONSIDERING that in its Application the Defence seeks a preliminary Order by the Chamber to obtain a statement from the Special Representative of the United Nations Secretary General in Bosnia and Herzegovina pro tempore (UNSR), Mr. Michael Steiner, ("Request for Preliminary Order") regarding:

  1. his recollection of the events leading up to the arrest of Fatmir Limaj on 18 February 2003, and notably whether the Accused was in the process of voluntary surrendering or not;
  2. his account of the role which the Accused played in the democratic institutions in Kosova during the SRSG’s period of office; notably whether the Accused directly or indirectly ever incited groups towards ethnic hatred or discord, and whether the Accused sought to work within the democratic process with people from all ethnic groups;
  3. his reasons to conclude that the Accused was never a danger to any victim, witness or any other person in Kosova after the arrival of UNMIK, or to conclude that the Accused would pose such a risk; and
  4. his account of any other matter relevant to assess the merits of the Application;

NOTING that the Pre-Trial judge is competent to decide on the Request for Preliminary Order;

NOTING that the Prosecution has not expressed any objection to Mr. Steiner’s submission of a statement as described above;

NOTING that Mr. Steiner is officially leaving office in the very near future;

CONSIDERING that the Judges of the Chamber, after mutual consultations, provisionally deem it unlikely that a statement following the wording of the Request for Preliminary Order would be indispensable or would substantially assist the Chamber in making the assessment under Rule 65 of the Rules in relation to the Accused;

CONSIDERING that, in view (a) of the position of Mr. Steiner, appointed as UNSR in the rank of Under-Secretary General of the United Nations, and (b) of the Chamber’s provisional assessment on the need to receive a statement from Mr. Steiner in the wording suggested by the Defence, the Chamber will not issue the order as requested;

CONSIDERING, however, that in this instance the Chamber is ready to accommodate the Application and to receive a statement from Mr. Steiner on any knowledge he may have of facts relevant to assist the Chamber in the assessment under Rule 65 of the Rules in relation to the Accused;

CONSIDERING that, in order to prevent any misunderstanding by Mr. Steiner, the Rules do not prescribe any specific form for a statement in support of an application for provisional release, such as it being given under oath, and that such a statement would more likely be useful to the Accused if it restricts itself to facts of potential relevance for the Chamber’s assessment of the risk, under Rule 65 of the Rules, that the Accused would evade Justice or pose any danger to any witness, victim or other person;

PURSUANT to Rules 65ter and 54 of the Rules;

HEREBY INVITE Mr. Michael Steiner to provide to the Chamber, if he so wishes, a statement on his knowledge, if any, of facts potentially relevant for the Chamber’s assessment of the risk that the Accused would evade Justice or pose any danger to any witness, victim or other person and to do so, if possible, before Friday, 25 July 2003.


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

Dated this sixteenth day of July 2003,
At The Hague,
The Netherlands.

Judge Joaquín Martín Canivell
Pre-Trial Judge

[Seal of the Tribunal]