Case No. IT-95-9-A
IN THE APPEALS CHAMBER
Judge Mehmet Güney, Presiding
Judge Mohamed Shahabuddeen
Judge Liu Daqun
Judge Andrésia Vaz
Judge Wolfgang Schomburg
Mr. Hans Holthuis
5 May 2006
DECISION ON MOTION OF BLAGOJE SIMIC FOR PROVISIONAL RELEASE FOR A FIXED PERIOD TO ATTEND MEMORIAL SERVICES FOR HIS MOTHER
Office of the Prosecutor:
Mr. Peter Kremer
Counsel for the Appellant:
Mr. Igor Pantelic
Mr. Peter Murphy
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 ("International Tribunal"),
BEING SEISED OF the "Motion of Blagoje Simic for Short Fixed Period of Provisional Release to Attend Memorial Services for his Mother", filed urgently on 2 May 2006 ("Motion") by Blagoje Simic ("Appellant") pursuant to Rule 65(I) of the Rules of Procedure and Evidence of the International Tribunal ("Rules");
NOTING the "Corrigendum to Motion of Blagoje Simic for Short Fixed Period of Provisional Release to Attend Memorial Services for his Mother", filed by the Appellant on 3 May 2006;
NOTING that the Appellant requests provisional release from 10 to 25 May 2006 in order to attend memorial services for his late mother in the Municipality of Samac, Republika Srpska, to organize a number of Orthodox religious services and to deal with certain legal formalities relating to his parents’ estates;1
NOTING the "Prosecution’s Response to Blagoje Simic’s Urgent Motion for Provisional Release to Attend Memorial Service for his Mother", filed on 3 May 2006 ("Response"), in which the Prosecution does not oppose the Appellant’s provisional release for the necessary period to attend the memorial service "to take place on 13 May 2006"2 but "opposes the Motion to the extent that additional time is requested to ‘erect a marble monument on the tombs of his parents’ and to deal with ‘certain legal formalities’";3
NOTING the "Decision on Motion of Blagoje Simic pursuant to Rule 65(I) for Provisional Release for a Fixed Period to Attend Memorial Services for his Father" rendered on 21 October 2004 ("First Decision on Provisional Release"), in which the Appeals Chamber granted the Appellant’s provisional release for a fixed period from 4 November 2004 to 7 November 2004 to attend memorial services for his late father in the Municipality of Samac;
CONSIDERING the Appellant’s full compliance with the terms and conditions of the First Decision on Provisional Release;
CONSIDERING the "Decision on Giving a Guarantee by the Government of the Republika Srpska" issued pursuant to Article 24, paragraph 2 of the Law on the Government of Republika Srpska and the "Guarantee of the Government of the Republika Srpska" signed by the Prime Minister of the Republika Srpska, Mr. Milorad Dodik, on 27 April 2006, appended to the Motion as Appendix 2 and 3;
FINDING that the Appeals Chamber is satisfied that, if released and subject to specific conditions, the Appellant will surrender into detention at the conclusion of the fixed period and that he will not pose a danger to any victim, witness or other person;
FINDING that the memorial services for the Appellant’s late mother and the organization of a number of Orthodox religious services invoked by the Appellant constitute special circumstances within the meaning of Rule 65(I)(iii) of the Rules;
FINDING further that, under the particular circumstances of the case, the period requested by the Appellant is reasonable;
RECALLING that the inclusion of a provision on provisional release in the Rules was driven by humane and compassionate considerations together with concerns related to the principle of proportionality in international law;4
CONSIDERING that the Appellant is not prejudiced by the issuance of this decision before the expiration of the time-limit prescribed for filing his reply to the Prosecution’s Response;
GRANTS the Motion and ORDERS that the Appellant be provisionally released for a fixed period from 10 May 2006 to 25 May 2006 under the following terms and conditions:
REQUIRES the Government of the Republika Srpska, on the basis of the guarantees it provided, to assume responsibility for:
INSTRUCTS the Registrar of the International Tribunal to:
Done in English and French, the English text being authoritative.
Dated this fifth day of May 2006
At The Hague,
Judge Mehmet Güney
[Seal of the International Tribunal]
1. Motion, paras 2-3.
2. Response, paras 2-3.
3. Response, para. 8.
4. First Decision on Provisional Release, para. 14.