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 PROSECUTIONíS 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 "Prosecutorís 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 Prosecutorís 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 ďAccused Bruno Stojicís Response to the Second Prosecutorís Motion to Stay Orders on Provisional Release Concerning Bruno Stojic et al.,Ē filed on 9 August 2004;

NOTING the "Accused Slobodan Praljakís Response to Prosecutionís Motion to Stay Orders on Provisional Release Concerning the Accused Slobodan Praljak," filed on 9 August 2004;

NOTING the ďAccused Valentin Coricís Response to the Second Prosecutorís Motion to Stay Orders on Provisional Release Concerning Jadranko Prlic et al.,Ē filed on 9 August 2004;

NOTING the ďAccused Jadranko Prlicís Response to the Second Prosecutorís Motion to Stay Orders on Provisional Release Concerning Jadranko Prlic et al.," filed on 10 August 2004;

NOTING the "Accused Slobodan Praljakís Response to the Prosecutorís Supplement to Prosecutionís Motion to Stay Orders on Provisional Release Concerning the Accused Slobodan Praljak," filed on 10 August 2004;

NOTING the "Accused Milivoj Petkovicís Response to the Second Prosecutorís 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 "Prosecutorís 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 Prosecutionís 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 "Prosecutorís 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 Chamberís 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 "Prosecutorís 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,Ē 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]


1. Judges Theodor Meron and Fausto Pocar are currently absent from the Hague due to the judicial recess. They have reviewed and agree with this decision, and Judge Mehmet Güney signs it with their authorization.