Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
11 January 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

PRELIMINARY ORDER ON ASSIGNED COUNSEL REQUEST FOR PROVISIONAL RELEASE FOR THE ACCUSED

__________________________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack

 

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 SEIZED OF a "Assigned Counsel Request for Provisional Release Pursuant to Rule 65 With Confidential Attachments A, B and C", filed on 20 December 2005 ("Motion"), in which Assigned Counsel seek the provisional release of the Accused for medical treatment at a medical centre in the Russian Federation

NOTING the "First Addendum to Assigned Counsel Request for Provisional Release Pursuant to Rule 65 With Confidential Attachment D", filed by Assigned Counsel on 22 December 2005, and "Prosecutionís Interim Response to Assigned Counsel Request for Provisional Release", filed by the Prosecution on 22 December 2005,

NOTING that in paragraph 19 of the Request, Assigned Counsel state that "Guarantees from the Russian Federation are in the process of being obtained and will be provided to the Trial Chamber as soon as they become available",

NOTING that no such guarantees have yet been received by the Trial Chamber,

CONSIDERING the importance of these guarantees to the determination of the Motion,

CONSIDERING that an application for provisional release should be determined as expeditiously as possible,

PURSUANT TO Rules 65 and 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS the Defence to submit any further material, including the said guarantees, by 18 January 2006, whereafter it will proceed to a determination of the Motion.

 

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

________________________
Judge Robinson
Presiding

Dated this eleventh day of January 2006
At The Hague
The Netherlands

[Seal of the Tribunal]