Case No. T-04-74-PT

BEFORE THE PRE-TRIAL JUDGE

Before:
Judge Jean-Claude Antonetti

Registrar:
Mr Hans Holthuis

Order of:
2 November 2005

THE PROSECUTOR

v.

Jadranko PRLIC
Bruno STOJIC
Slobodan PRALJAK
Milivoj PETKOVIC
Valentin CORIC
Berislav PUSIC

____________________________________

ORDER RECALLING AN ACCUSED ON PROVISIONAL RELEASE

CONFIDENTIAL

____________________________________

The Office of the Prosecutor:

Mr Kenneth Scott

The Accused:

Slobodan Praljak not represented by Counsel

 

I, Jean-Claude Antonetti, Judge 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");

NOTING the Order Assigning a Case to a Trial Chamber filed on 31 October 2005 in which the President of the Tribunal assigned Case No. IT-04-74-PT, The Prosecutor v. Jadranko Prlic et al., to Trial Chamber II;

NOTING the Corrigendum filed by the President of the Tribunal on 1 November 2005 amending the Order of 31 October 2005;

HAVING BEEN DESIGNATED as pre-trial Judge in this case pursuant to an Order rendered by Trial Chamber II on 31 October 2005;

NOTING the Order of 1 November 2005 scheduling the next status conference for 8 November 2005 at 12:30 hours;

NOTING Rule 65 ter of the Rules of Procedure and Evidence ("Rules");

CONSIDERING that the Accused Slobodan Praljak is on provisional release pursuant to an Order of 30 July 2004;

CONSIDERING that, in the interval, the pre-trial Judge was informed that Counsel Bozidar Kovacic no longer represents the Accused;

CONSIDERING that an accused can conduct his own defence before the Tribunal;

CONSIDERING, moreover, that the Legal Officer of the Chamber was informed orally by the Registry that the Accused was willing to come to The Hague to attend the status conference at which he will conduct his own defence, and that this information was subsequently confirmed in a fax sent by the Accused to the Tribunal on 31 October 2005;

CONSIDERING that a status conference must be held in the presence of counsel for the accused and, if need be, of an accused who conducts his own defence;

CONSIDERING that it is imperative that the Accused Slobodan Praljak be present at the status conference hearing and that he should therefore be authorised to return to The Hague notwithstanding the order on provisional release restricting his movements;

CONSIDERING that the Accused Slobodan Praljak, who is conducting his own defence, is to travel from Zagreb to The Hague and back to Zagreb at his own expense;

CONSIDERING that, if the Accused does not cover his travel expenses or if unforeseen difficulties should delay the commencement of the trial, the pre-trial Judge will be compelled to request Trial Chamber II to withdraw the provisional release ordered by Trial Chamber I;

CONSIDERING that is appears necessary to give protection to the Accused during his journey by means of an escort provided by the Government of the Republic of Croatia which has offered, in support of the motion for provisional release, all the guarantees required by the Rules;

NOTING that the Registry, in co-operation with the Croatian and Dutch authorities, shall take custody of the Accused at his arrival at Schiphol Airport, transport him to the court room and back to the airport so that he may board a return flight to Zagreb on the same day;

NOTING that in order to provide maximum protection for the Accused, this order should remain confidential until his return to Zagreb;

FOR THE FOREGOING REASONS

HEREBY ORDER that the Accused Slobodan Praljak travel to The Hague at his own expense to attend the status conference to be held on Tuesday 8 November 2005 at 12:30 hours and back to Zagreb also at his own expense;

REQUEST the authorities of the Republic of Croatia to escort the Accused from Zagreb to The Hague and back to Zagreb on 8 November 2005 without bearing his travel costs; to guarantee the personal safety of the Accused during the journey; to immediately detain the Accused if he infringes or attempts to infringe the provisions of this Order, and to inform the Chamber accordingly;

REQUEST the assistance of the Registry in keeping the Dutch authorities informed;

RULE that this confidential Order be made public the day after the status conference hearing, i.e. on 9 November 2005.

 

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

__________
Judge Jean-Claude Antonetti
Pre-Trial Judge, Trial Chamber II

Done this second day of November 2005
At The Hague
The Netherlands