Decision on de novo Application of the Accused Mr. Miroslav Tadic to provisionally leave his Residence for medical Examinations

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
27 July 2000

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

_____________________________________________________________

DECISION ON DE NOVO APPLICATION OF THE ACCUSED
MR. MIROSLAV TADIC TO PROVISIONALLY LEAVE
HIS RESIDENCE FOR MEDICAL EXAMINATIONS

_____________________________________________________________

The Office of the Prosecutor:

Ms. Nancy Paterson
Ms. Suzanne Hayden

Counsel for the accused:

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

THIS TRIAL 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 a "De Novo Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations" filed on 12 July 2000 ("the De Novo Application"), and the reply of the Office of the Prosecutor ("Prosecution"), filed on 17 July 2000, opposing the Application,

NOTING that the accused, Miroslav Tadic, was granted provisional release by this Trial Chamber on 4 April 2000, subject to certain conditions, including the requirement "to remain within the confines of the municipality of Bosanski Samac"¹,

NOTING the "Decision on Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations" issued by the Trial Chamber on 29 June 2000 ("the First Decision"), in which the Trial Chamber denied a similar application "without prejudice to any further application, supported by a second opinion, for the specified examination in a different location",

NOTING that the accused submitted, with the De Novo Application, a second opinion supporting the need for the specified medical examination,

NOTING that, in the De Novo Application the accused again seeks permission to leave the municipality in which he resides and to travel to Belgrade, Federal Republic of Yugoslavia, for the specified medical examination,

CONSIDERING the reasons stated in support of the First Decision,

CONSIDERING that, although the accused should not be deprived of obtaining treatment indispensable for his health, the accused has failed to specify a different location for the specified examination, as required by the First Decision,

PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES the De Novo Application.

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

___________________________________
Patrick Robinson
Presiding Judge

Dated this twenty-seventh day of July 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

1. Decision on Miroslav Tadic’s Application for Provisional Release, Prosecutor v. Simic et al., T. Ch. III, 4 Apr. 2000, p. 9.