Case No.: IT-04-74-PT

IN TRIAL CHAMBER I

Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie

Registrar:
Mr. Hans Holthuis

Decision:
15 July 2005

THE PROSECUTOR

v.

JADRANKO PRLIC
BRUNO STOJIC
SLOBODAN PRALJAK
MILIVOJ PETKOVIC
VALENTIN CORIC
BERISLAV
PUSIC

_________________________________________________

ORDER ON BRUNO STOJIC'S MOTION FOR VARIATION OF CONDITIONS OF PROVISIONAL RELEASE

_________________________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

The Government of the Republic of Croatia:

per: The Embassy of the Republic of Croatia, The Hague, The Netherlands

Counsel for the Accused:

Mr. Berislav Zivkovic

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");

RECALLING the "Order on Provisional Release of Bruno Stojic" ("Order on Provisional Release") dated 30 July 2004, by which the Chamber provisionally released Bruno Stojic ("Accused"), subject to certain conditions, including the requirement "to remain within the confines of the municipality of his chosen residence in the Republic of Croatia";

NOTING the "Accused Bruno Stojicís Motion for Variation of Conditions of Provisional Release" filed confidentially on 23 June 2005 ("Motion"), whereby the Accused seeks permission to leave his residence in Zagreb, Croatia, to travel to and stay for one month in Komarna, Slivno-Ravno municipality, Croatia, in order to visit his ill brother as well as his parents and mother-in-law ("Motion");

NOTING that the Defence for the Accused attaches confidential annexes in support of the Motion relevant to the health of the Accusedís brother and mother-in-law;

NOTING the Prosecutionís Response to the Accused Bruno Stojicís Motion for Variation of Conditions of Provisional Release" filed on 1 July 2005 whereby the Prosecution does not object to the Motion provided the visit is limited to one month;

NOTING that the most recent report of the Ministry of Justice of the Republic of Croatia and the local authorities in Zagreb shows that the Accused has complied so far with the conditions and obligations set out in the Order on Provisional Release;

CONSIDERING that the request to vary the conditions of the provisional release in order to seek medical treatments can be characterised as a request on humanitarian grounds;

CONSIDERING that the Accused has submitted sufficient information which would justify a limited modification of the conditions imposed upon the Accused;

FINDING that the Accused demonstrates that the modification of the Order for Provisional Release sought is justified; that the Chamber finds however that the temporary absence of the Accused from Zagreb should be limited to seven days;

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

HEREBY GRANTS the Motion in part and ORDERS that the conditions for provisional release of the Accused Bruno Stojic be modified temporarily as set out below;

ALLOWS the Accused to travel under escort but at his own costs to Komarna, Slivno-Ravno municipality, Croatia and remain there for a limited period of seven consecutive days on the following conditions:

  1. the Accused shall remain within the confines of Komarna under escort by the local Police;
  2. 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;
  3. the Accused shall not otherwise interfere in any way with the proceedings or the administration of justice, in particular by destroying evidence;
  4. 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;
  5. the Accused shall return directly and under escort to his residence in Zagreb upon completion of the visit;
  6. 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;
  7. REQUIRES the Government of the Republic of Croatia to:

  8. to escort the Accused to his temporary residence and back to his residence in Zagreb upon completion of the visit;
  9. to cover the costs of the escort from and back to Zagreb;
  10. to provide for the personal security and safety of the Accused during the travel;
  11. to 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.

 

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

Dated this 15th day of July 2005
At The Hague,
The Netherlands

___________________________
Judge Liu Daqun
Presiding Judge, Trial Chamber 1

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