DECISION TO GRANT ACCUSED SLOBODAN PRALJAK’S SUPPLEMENTAL APPLICATION FOR VARIATION OF CONDITIONS OF PROVISIONAL RELEASE

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Bozidar Kovacic
Ms Nika Pinter

The Government of the Republic of Croatia:

per: The Embassy of the Republic of Croatia The Hague

TRIAL CHAMBER I ("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 ("Tribunal");

BEING SEIZED OF the "Accused Slobodan Praljak’s Supplemental Application for Variation of Conditions of Provisional Release", filed on 2 August 2005, ("the Application"), in which Mr Slobodan Praljak ("the Accused"), requested permission to be allowed to leave his Zagreb residence and travel to Pisak for a period of two weeks in November in order to complete prosthetic treatment at his brother’s clinic in Makarska.¹

RECALLING the "Order on the Provisional Release of Slobodan Praljak", dated 30 July 2004 ("the Order"), under which Mr Slobodan Praljak ("the Accused") was provisionally released subject to a number of conditions, including the condition that the Accused was to remain within the confines of his chosen residence in the Republic of Croatia;²

NOTING the "Accused Slobodan Praljak’s Application for Variation of Conditions of Provisional Release", dated 17 May 2005 ("17 May Application"), in which the Accused sought permission to reside in Pisak from 15 June 2005 to 15 August 2005 and to commute daily to Omis and Makarska for dental treatment and supplies and to return to Zagreb on 16 August 2005, where he would continue to reside at the current address;³

NOTING the "Decision on Slobodan Praljak’s Urgent Application for Variation of Conditions of Provisional Release", dated 1 July 2005 ("the Decision"), in which the Chamber partially granted the Accused’s 17 May Application and ordered that the Accused was allowed to travel under escort, but at his own cost to Makarska and Pisak and to remain there for a limited period of seven consecutive days;⁴

NOTING the "Prosecution’s Response to the Accused Slobodan Praljak’s Supplemental Application for Variation of Conditions of Provisional Release filed 2 August 2005", filed on 8 August 2005 ("the Prosecution’s Response"), which stated that:

1. the Prosecution has substantial concerns about the presence and movement of any of the accused in the region of western Herzegovina and that the location which the Accused wishes to visit is in close proximity to the areas of Bosnia and Herzegovina that are directly relevant to the case and where victims and witnesses reside, but that

2. the Prosecution does not object to the request provided that the Accused’s travel to and from and presence in the area is closely supervised and monitored with regular reporting and is subject to the same conditions as those which the Chamber laid down in the Decision.⁵

CONSIDERING that the Accused has the opportunity of obtaining the treatment which he seeks at a private clinic at minimal expense, that the Chamber ordered that the Applicant may receive treatment at his brother’s clinic and that the Prosecution has no objection to the Application,

CONSIDERING that the Chamber affirms that each application for variation of the conditions of provisional release will be dealt with on its own merits and will be granted, as an exception and only on good cause being shown;

HEREBY GRANTS the Motion and ORDERS that the conditions for provisional release of the Accused Slobodan Praljak be modified temporarily as set out below;

ALLOWS the Accused to travel under escort but at his own costs to Makarska and Pisak (Croatia) and remain there for a limited period of fourteen consecutive days, and to commute daily between Makarska and Pisak, Croatia, on the following conditions:

1. the Accused will reside at his cabin in Pisak, in the municipality, Omis and commute daily to his brother’s dental clinic in Makarska for the purposes of obtaining the required prosthetic treatment as described in his motion;
2. the Accused shall remain within the confines of the hamlet of Pisak and the city of Makarska under escort by the local Police;
3. the Accused shall not have any contact whatsoever or in any way interfere with victims or potential witnesses during his absence from his residence in Zagreb;
4. the Accused shall not otherwise interfere in any way with the proceedings or the administration of justice, in particular by destroying evidence;
5. the Accused shall not discuss the case with anyone other than his counsel, and not have any contact with the media or with any other accused before this Tribunal;

6. the Accused shall return directly and under escort to his residence in Zagreb upon completion of the visit;

7. the Accused shall comply with any additional measure imposed by the Government of the Republic of Croatia for the purpose of giving full effect to this Order;

REQUIRES the Government of the Republic of Croatia to:

8. escort the Accused to his temporary residence and back to his residence in Zagreb upon completion of the visit;

9. cover the costs of the escort from and back to Zagreb;

10. provide for the personal security and safety of the Accused during the travel;

11. arrest the Accused immediately in case of any breach of or attempt to breach the terms of this Order and to report any such breach or attempt to the Chamber.

PURSUANT to Rules 54 and 65 of the Rules of Procedure and Evidence of the Tribunal;

GRANTS the Motion;

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

Dated this fourteenth day of October 2005
At The Hague,
The Netherlands

_______________________
Judge Liu Daqun
Presiding Judge, Trial Chamber 1

[Seal of the Tribunal]