IN THE APPEALS CHAMBER

Before:
Judge Fouad Abdel-Monem Riad (Presiding)
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge David Anthony Hunt
Judge Mohamed Bennouna

Registrar:
Dorothee de Sampayo Garrido-Nijgh

Order of:
31 May 1999

The Prosecutor

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC a/k/a "PAVO"
HAZIM DELIC
ESAD LANDZO a/k/a "ZENGA"

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ORDER OF THE APPEALS CHAMBER ON THE REQUEST BY HAZIM DELIC FOR PROVISIONAL RELEASE

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Office of the Prosecutor:

Mr. Yapa Upawansa
Mr. Christopher Staker
Mr. Rodney Dixon

Counsel for the Accused

Mr. John Ackerman for Zejnil Delalic
Mrs. Nihada Butorovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia Sinatra, for Esad Landzo

 

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");

NOTING that the convicted Hazim Delic ("Appellant") filed a Notice of Appeal before the Appeals Chamber on 24 November 1998;

BEING SEISED of a "Request by Hazim Delic for Provisional Relase" filed on 31 May 1999 ("Request") in which the Appellant seeks provisional release for the purpose of attending the funeral of his mother, scheduled to take place in Konjic, Bosnia-Herzegovina, on 1 June 1999;

NOTING the "Prosecution Response to the Request by Hazim Delic for Provisional Release", filed on 31 May 1999, in which the Office of the Prosecutor submits that the Request, in its present form, must be denied;

CONSIDERING the provisions of Rules 65 and 107 of the Rules of Procedure and Evidence of the International Tribunal ("Rules");

FINDING, by a majority of four to one, Judge Mohamed Bennouna dissenting, that the Appeals Chamber has jurisdiction to consider the Request;

CONSIDERING the conditions under which provisional release may be granted, as specified by Sub-rule 65(B) of the Rules;

CONSIDERING that the funeral of a close relative may constitute an exceptional circumstance within the meaning of this provision;

NOTING that the Request fails to disclose any material that satisfies the aforementioned conditions;

FINDING that it cannot be satisfied, notwithstanding its power under Sub-rule 65(C) and 107 of the Rules to impose such conditions upon the release as it determines appropriate, that Hazim Delic, if released, would appear for appeal proceedings and would not pose a danger to any victim, witness or other person;

HEREBY, by four votes, Judge Mohamed Bennouna declining to pronounce on the merits of the Request, DENIES the Request.

 

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

______________________________

Fouad Abdel-Monem Riad
Presiding Judge

Dated this thirty-first day of May 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]