Case No. IT-04-74-AR65.1
IN THE APPEALS CHAMBER
Before:
Judge Theodor Meron, President
Judge Fausto Pocar
Judge Mehmet Güney
Registrar:
Mr. Hans Holthuis
Order of:
10 August 2004
THE PROSECUTOR
v.
JADRANKO PRLIC
BRUNO STOJIC
SLOBODAN PRALJAK
MILIVOJ PETKOVIC
VALENTIN CORIC
BERISLAV PUSIC
____________________________________
ORDER ON THE PROSECUTION’S MOTION FOR A STAY
____________________________________
Counsel for the Prosecutor
Mr. Kenneth Scott
Mrs. Nika Pinter
Counsel for Slobodan Praljak
Mr. Bozidar Kovacic
Counsel for Jadranko Prlic
Mr. Camil Salahovic
Mr. Zelimir Par
Counsel for Milivoj Petkovic
Ms. Vesna Alaburic
Counsel for Bruno Stojic
Mr. Zeljko Olujic
Counsel for Valentin Coric
Mr. Tomislav Jonjic
Counsel for Berislav Pusic
Mr. Marinko Skobic
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,
BEING SEIZED OF the "Prosecutor’s Motion to Stay Orders on Provisional Release Concerning the Accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic," filed on 6 August 2004;
NOTING the "Supplement to Prosecutor’s Motion to Stay Orders on Provisional Release Concerning the Accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic," filed on 9 August 2004;
NOTING the “Accused Bruno Stojic’s Response to the Second Prosecutor’s Motion to Stay Orders on Provisional Release Concerning Bruno Stojic et al.,” filed on 9 August 2004;
NOTING the "Accused Slobodan Praljak’s Response to Prosecution’s Motion to Stay Orders on Provisional Release Concerning the Accused Slobodan Praljak," filed on 9 August 2004;
NOTING the “Accused Valentin Coric’s Response to the Second Prosecutor’s Motion to Stay Orders on Provisional Release Concerning Jadranko Prlic et al.,” filed on 9 August 2004;
NOTING the “Accused Jadranko Prlic’s Response to the Second Prosecutor’s Motion to Stay Orders on Provisional Release Concerning Jadranko Prlic et al.," filed on 10 August 2004;
NOTING the "Accused Slobodan Praljak’s Response to the Prosecutor’s Supplement to Prosecution’s Motion to Stay Orders on Provisional Release Concerning the Accused Slobodan Praljak," filed on 10 August 2004;
NOTING the "Accused Milivoj Petkovic’s Response to the Second Prosecutor’s Motion to Stay Orders on Provisional Release Concerning the Accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic," filed on 10 August 2004;
CONSIDERING the "Prosecutor’s Application for Leave to File an Interlocutory Appeal in Respect of the Orders on Provisional Release Concerning the Accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic," filed on 5 August 2004, which is currently before this three-judge bench of the Appeals Chamber;
CONSIDERING that the objective of the Prosecution’s appeal against the provisional release of the above-mentioned defendants could be significantly impaired if the action against which the Prosecution seeks to appeal will have already been taken;
HEREBY GRANTS the "Prosecutor’s Motion to Stay Orders on Provisional Release Concerning the Accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic";
AND ORDERS that the Trial Chamber’s orders on provisional release of the six accused in the present case, issued on 2 August 2004, be stayed until the decision by the three-judge bench of the Appeals Chamber on the "Prosecutor’s Application for Leave to File an Interlocutory Appeal in Respect of the Orders on Provisional Release Concerning the Accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic,” filed on 5 August 2004.
Done in English and French, the English text being authoritative.
_____________________
Judge Mehmet Güney1
Dated this 10th day of August 2004,
At The Hague,
The Netherlands.
[Seal of the Tribunal]