Case No. IT-04-81-PT

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
20 January 2006

PROSECUTOR

v.

MOMCILO PERISIC

_________________________________________________

DECISION GRANTING MOMCILO PERISICíS MOTION TO MODIFY CONDITIONS OF PROVISIONAL RELEASE

__________________________________________________

The Office of the Prosecutor

Mr. Chester Stamp
Ms. Sureta Chana

Counsel for Momcilo Perisic

Mr. James Castle

 

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") is seized of a motion filed by Momcilo Perisic (the "Accused") seeking a modification of the terms of his provisional release and hereby renders a decision ("Decision") thereon.

  1. On 15 December 2005, the Accused filed a motion seeking modification of the Trial Chamberís "Decision on Momcilo Perisicís Motion for Provisional ReleaseĒ issued on 9 June 2005 (ďMotion"). In his Motion the Accused seeks to modify the condition of release that requires him to remain within the confines of the municipality of Belgrade. Specifically, he requests permission to travel to Kostunici, a town in Serbia approximately 130 km south of Belgrade, on the following dates: (i) 15-28 February 2006, (ii) 15-30 March 2006, and (iii) 15-30 April 2006.1 According to the Motion, the Accused intends to stay at his "brotherís home where he can visit his family and the graves of his family members" and where he can provide personal assistance to his brother, who is seriously ill and in need of the Accusedís help to secure medical treatment at a local hospital.2

  2. The Accused points out that in a previous, almost identical, request for modification of the terms of his provisional release, he provided correspondence from two departments Ė the Ministry of Justice and the Ministry of Internal Affairs Ė of the government of the Republic of Serbia. This correspondence, according to the Accused, provides a "guarantee" that the government of the Republic of Serbia "has the capacity and the willingness to provide the resources and means to supervise the [proposed] visits to Kostunici."3 The Accused also points out that he "has fully complied with the Courtís previous orders in regard to visiting his family home in Kostunici."4

  3. The Office of the Prosecutor has not filed a response to the Motion.

  4. The Trial Chamber considers that sufficient reasons have been given and sufficient guarantees have been provided to warrant a temporary modification of the provisional release conditions of the Accused on the terms requested in the Motion. However, the Trial Chamber notes that the government of the Republic of Serbia has not complied with the Chamberís prior decision that during the period in which the Accused is allowed to travel to Kostunici, the government of the Republic of Serbia shall submit a report on the Accusedís compliance with the modified terms of his release every two weeks (and not on a monthly basis, as required under the original terms of his release). The Trial Chamber expects this condition of its Decision to be strictly adhered to.

  5. For these reasons, the Trial Chamber, pursuant to Rules 65 and 54 of the Rules of Procedure and Evidence of the Tribunal, GRANTS the Motion and ORDERS that:

  1. The Accused has permission to visit his brother at 32308 Pranjani, Kostunici, Gornji Milanovac, Republic of Serbia on (i) 15-28 February 2006, (ii) 15-30 March 2006, and (iii) 15-30 April 2006.

  2. The Accused shall provide details of each visit (including the dates of travel and a copy of this Decision granting permission for the visit) to the Ministry of the Interior of the Republic of Serbia at least seven days in advance of the departure date of each visit.

  3. The government of the Republic of Serbia shall (i) between 15 February 2006 and 30 April 2006 submit a written report to the Trial Chamber every two weeks on the compliance of the Accused with his provisional release conditions as set forth in this Trial Chamberís Decision of 9 June 2005 and this Decision; (ii) immediately arrest and detain the Accused if he should breach any of his provisional release conditions as set forth in this Trial Chamberís Decision of 9 June 2005 and this Decision, and (iii) immediately report to this Trial Chamber any breach of his provisional release conditions as set forth in this Trial Chamberís Decision of 9 June 2005 and this Decision.

  1. This Decision does not affect the continued application of the terms and conditions of the Accusedís provisional release contained in the Trial Chamberís decision of 9 June 2005, except to the extent provided in paragraph 5, above.

  2. The Trial Chamber requests that the Registrar serve this Decision on the government of the Republic of Serbia.

 

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

________________
Judge Patrick Robinson
Presiding

Dated this 20th day of January 2006
At The Hague, The Netherlands


1. The Motion requests permission to travel to Kostunici from 15-28 February, 15-30 March and 15-30 April 2005 but this is presumed to be a typographical error. See Motion, para. 4(b).
2. Motion, pp. 2-3.
3. Id. at para. 5. The Motion states that the guarantees are provided by the "Government of Serbia and Montenegro", but the letters are in fact from ministries of the government of the Republic of Serbia. Specifically, the prior motion attached a letter from the Ministry of Justice of the Republic of Serbia to Mr. Perisic stating that the answer ďto the question whether the government organs of the RS [Republic of Serbia] can ensure full security during your [proposed] stay in Kostunici, Gorjnji Milanovac municipality, is affirmative. This means that our Ministry and the Ministry of the Interior of the RS, pursuant to the relevant decision taken by the International Criminal Tribunal, will act in full compliance with the said decision regarding your security and safety." The prior motion also attached a letter from the Ministry of the Interior of the Republic of Serbia stating that the Accusedís request "to stay in the village of Kostunici for intervals of 15 days each pending the commencement of the trial Ö should be grantedĒ but only ďon condition that the decision on each individual trip Ö be forwarded to this Ministry at least seven days in advance to allow for the necessary organisation and preparation."
4. See Motion, para. 3 and confidential Annex.