IN THE TRIAL CHAMBER
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna
Mrs. Dorothee de Sampayo Garrido-Nijgh
11 September 2000
DECISION ON MIROSLAV TADICS APPLICATION TO PROVISIONALLY
LEAVE HIS RESIDENCE FOR MEDICAL EXAMINATIONS
The Office of the Prosecutor
Ms. Nancy Paterson
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 the "Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations, Based on the Trial Chambers Decisions of June 29 and July 27, 2000" filed on behalf of the accused Miroslav Tadic ("the Accused") on 30 August 2000 ("the Application"), requesting leave from the Trial Chamber to leave his residence in order to undergo certain medical examinations (hereafter the "specified medical examination") at the Clinical Hospital Center in Banja Luka, Republika Srpska,
NOTING the "Prosecutors Response to the Application of Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations Based on the Trial Chambers Decisions of June 29 and July 27, 2000", filed by the Office of the Prosecutor ("Prosecution") on 30 August 2000, in which the Prosecution states that it has no objection to the Application,
NOTING that the Accused 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 its decisions of 29 June 20002 and 27 July 20003, denying the Accuseds applications to travel to Belgrade for medical examination,
CONSIDERING that the Accused now applies to obtain the specified medical examination in the Clinical Hospital Center in Banja Luka, Republika Srpska,
HEREBY GRANTS the Application under the following terms and conditions:
(i) For a period of seven consecutive days within the month of September, the Accused may leave the municipality of Bosanski Samac to travel to the Clinical Hospital Center in Banja Luka and receive the specified medical examination,
(ii) During this time, the Accused shall continue to report each day to the local police in Bosanski Samac. However, if a period of hospitalisation is required, the Accused shall report each day for the duration of that period from the Clinical Hospital Center by telephone to the local police in Bosanski Samac,
This Decision does not affect the continuing application of the terms and conditions of the Accuseds provisional release, as set forth in this Trial Chambers Decision dated 4 April 20004, except to the extent specified in paragraphs (i) and (ii).
Done in English and French, the English text being authoritative.
Dated this eleventh day of September 2000
At The Hague
[Seal of the Tribunal]
1. Prosecutor v. Simic et al., Case No. IT-95-9-PT,
Decision on Miroslav Tadics Application for Provisional Release, 4 Apr. 2000
("Provisional Release Decision"), p.9.
2. Prosecutor v. Simic et al., Case No. IT-95-9-PT, Decision on Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations, 29 June 2000.
3. Prosecutor v. Simic et al., Case No. IT-95-9-PT, Decision on De Novo Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations, 27 July 2000.
4. Provisional Release Decision, supra note 1, pp. 9 10.