IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
29 February 2000

PROSECUTOR

v.

Blagoje SIMIC
Milan SIMIC
Miroslav TADIC
Stevan TODOROVIC
Simo ZARIC

__________________________________________________________

ORDER ON REQUEST FOR PROVISIONAL RELEASE BY
SIMO ZARIC

__________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Ms. Suzanne Heyden
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 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 ("the International Tribunal"),

BEING SEISED OF a "Request for Provisional Release of Mr. Simo Zaric", initially filed on 19 January 1999 ("the Request"),

RECALLING that the Request was followed by written submissions from the parties, a ruling by the Trial Chamber, a decision of the Appeals Chamber referring the matter back to the Trial Chamber,1 a hearing on the Request, and further written submissions from the Office of the Prosecutor ("Prosecution") on the application of Rule 65 as amended in December 19992,

HAVING HEARD the submissions of the parties in open session on 23 November 1999,

CONSIDERING that the Trial Chamber is not yet satisfied that sufficient guarantees exist for the granting of the Request,

HEREBY ORDERS the Defence for Miroslav Tadic within fourteen days to provide to the Trial Chamber

2. The following undertakings and guarantees in writing from the appropriate authorities:

(a) a guarantee that, if the Trial Chamber decides to grant the Request, a designated official of the Republic of Bosnia and Herzegovina shall:

i. take custody of the accused from the Dutch authorities at Schiphol airport at a date and time to be determined by the Trial Chamber;

ii. accompany the accused for the duration of his travel to Bosnia and Herzegovina; and

iii. accompany the accused back from Bosnia and Herzegovina to Schiphol airport and deliver the accused back to the Dutch authorities at a date and time to be determined by the Trial Chamber;

(b) that the local Bosanski Šamac police will ensure that the accused reports to the police station each day, maintain a log and file a monthly written report confirming the accused’s compliance, and immediately report a failure to attend by the accused to the International Tribunal;

(c) detain the accused immediately should he attempt to escape or breach any of the terms of his provisional release (as notified to the Republic of Bosnia and Herzegovina by the International Tribunal), and advise the International Tribunal so that arrangements for his transfer back to the International Tribunal can be made; and

2. The following undertakings and guarantees in writing from the accused:

(d) that, whilst on provisional release, the accused shall remain within the confines of the municipality of Bosanski Samac;

(e) that, whilst on provisional release, the accused shall surrender his passport to the International Police Task Force (IPTF) in Oraska or to the Office of the Prosecutor in Sarajevo;

(f) that, whilst on provisional release, the accused shall report once per day to the local Bosanski Samac police;

(g) that, whilst on provisional release, the accused shall consent to have the ITPF check with the local police about his presence and to the making of occasional, unannounced visits to the accused;

(h) that, whilst on provisional release, the accused shall undertake not to have any contact with any other co-accused in the case;

(i) that, whilst on provisional release, the accused shall undertake not to have any contact whatsoever nor in any way interfere with any persons who may testify at his trial;

(j) that, whilst on provisional release, the accused shall undertake not to discuss his case with anyone other than his counsel;

(k) that, whilst on provisional release, the accused shall assume responsibility for all expenses concerning transport from Schiphol airport to Bosanski Samac and back, and the accused shall produce to the Trial Chamber a valid open-dated air ticket from Schiphol airport to the closest airport to Bosanski Samac; and

(l) that the accused shall undertake to comply strictly with any order of this Trial Chamber varying the terms of or terminating his provisional release.

The Trial Chamber remains seised of this matter.

 

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

___________________________
Patrick Robinson
Presiding

Dated this twenty-ninth day of February 2000
At The Hague
The Netherlands

(Seal of the Tribunal)


1. "Decision Relating to the Trial Chamber’s Ruling on the Basis of Written Submissions Prior to Holding Oral Arguments as Scheduled", Case No. IT-95-9-AR73, 28 July 1999.
2. Rule 65 (B) was amended on 7 December 1999 to remove the words "only in exceptional circumstances" pursuant to IT/161, 30 November 1999. At the hearing on 23 November 1999, the Trial Chamber informed the parties of its intention to apply the Rule as amended (once it entered into force) to the Request, and the OTP requested an opportunity to respond, which request was granted.