Case No. IT-02-65-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
6 December 2005

PROSECUTOR

v.

ZELJKO MEJAKIC
MOMCILO GRUBAN
DUSAN FUSTAR
DUSKO KNEZEVIC

_______________________________________

DECISION ON DEFENDANT DUSAN FUSTARíS PETITION SEEKING A TEMPORARY PROVISIONAL RELEASE

_______________________________________

Office of the Prosecutor:

Ms. Carla del Ponte
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Jovan Simic and Mr. Zoran Zivanovic, for Zeljko Mejakic
Mr. Branko Lukic, for Momcilo Gruban
Mr. Theodore Scudder and Mr. Dragan Ivetic, for Dusan Fustar
Ms. Slobodanka Nedic, for Dusko Knezevic

 

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 ("International Tribunal"),

BEING SEIZED of a "Defendant, Dusan Fustarís Petition Seeking a Temporary Provisional Release to Attend the 40 Day Memorial of his Mother-in-Lawís Death," filed by the Defence of Dusan Fustar ("the Accused") on 30 November 2005 ("Petition"), requesting that the Accused be provisionally released from detention from 13 to 20 December 2005, in order to travel to Bosnia and Herzegovina for the 40-day memorial of the death of his mother-in-law,

NOTING the "Decision on Defendant Dusan Fustarís Emergency Motion Seeking a Temporary Provisional Release," filed on 9 November 2005, and the "Decision on Defendant Dusan Fustarís Emergency Motion to Reconsider," filed on 10 November 2005,

NOTING also the "Decision on Defendant Dusan Fustarís Emergency Motion Seeking a Temporary Provisional Release to Attend the 40-day Memorial of his Fatherís Death," filed on 11 July 2003, and the terms of the guarantees then provided,

CONSIDERING that the Accused has submitted a formal written request to the government of Republika Srpska seeking its provision of guarantees and assurances in support of the Petition, but that such guarantees have not been provided to the Trial Chamber, and that the Chamber cannot therefore be assured that the Accused will be accompanied and properly supervised by officials of the Republika Srpska government, should a period of temporary provisional release be granted,

CONSIDERING that, before any decision granting temporary provisional release can be granted, it is necessary for the Accused to ensure the provision to the Trial Chamber of written guarantees from the government of the Republika Srpska, specifying the measures that would be taken by that government to ensure that the Accused abides by the terms of any order for temporary provisional release and returns to the Hague upon the expiry of the period of his temporary provisional release,

PURSUANT TO Rules 54 and 65 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES the PETITION without prejudice, should the Accused obtain the necessary written guarantees and provide these to the Trial Chamber sufficiently in advance of the date upon which temporary provisional release is sought.

 

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

___________________________
Patrick Robinson
Presiding

Dated this sixth day of December 2005
At The Hague,
The Netherlands

[Seal of the Tribunal]