Case No.: IT-03-69-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Bert Swart

Registrar:
Mr. Hans Holthuis

Decision of:
6 May 2004

PROSECUTOR

v.

JOVICA STANISIC
FRANKO SIMATOVIC

_________________________________________________

DECISION ON APPLICATIONS RELATING TO THE HEARING ON MOTIONS FOR PROVISIONAL RELEASE

__________________________________________________

The Office of the Prosecutor

Mr. Dermot Groome
Ms. Melissa Pack

Counsel for the Accused

Mr. Gerardus Godefridus Johannes Knoops, for Jovica Stanisic
Mr. Zoran Jovanovic, for Franko Simatovic

 

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 (1) a "Defence Notice of Attendance of Government Official from the Republic of Serbia and the State of the Union of Serbia and Montenegro During the Hearing on Provisional Release"" filed on 3 May 2004 ("Simatovic Motion”) by the Defence of Franko Simatovic, requesting permission to call the Minister of Justice of the Republic of Serbia, Mr. Zoran Stojkovic, and the representative of the State Union of Serbia and Montenegro, Mr. Sasa Obradovic (collectively, "Government Representatives"); and (2) a confidential and ex parte "Motion to Obtain Leave for the Hearing of (Expert) Witnesses at the Provisional Release Hearing on May 10 2004 and Filing Additional Documents" filed on 3 May 2004 (“Stanisic Motion”) by the Defence of Jovica Stanisic, requesting permission to call the Government Representatives and two expert witnesses named in the Stanisic Motion, at the provisional release hearing scheduled to commence on Monday, 10 May 2004,

NOTING the confidential and ex parte "Prosecution Response to Defence Motion to Obtain Leave for the Hearing of (Expert) Witnesses at the Provisional Release Hearing on May 10 2004 and Filing Additional Documents and Prosecution Motion for Permission to Call Expert Witnesses" filed on 3 May 2004 ("Prosecution Response and Motion"), by the Office of the Prosecutor ("Prosecution"), opposing the Stanisic Motion in respect of one of the two expert witnesses, on the ground that no report has been filed by that expert witness, and requesting permission for the Prosecution to call its own two expert witnesses named in the Prosecution Response and Motion,

CONSIDERING that the Trial Chamber is satisfied that, in the circumstances of this case regarding provisional release, it is in the interests of justice to hear all the evidence proposed by the parties in order to make a determination,

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

HEREBY GRANTS the Motions and ORDERS as follows:

(1) Defence of the accused Franko Simatovic may call the Government Representatives;

(2) Defence of the accused Jovica Stanisic may call:

(i) the Government Representatives; and

(ii) the additional expert witnesses named in the Stanisic Motion; and

(3) Prosecution may call its own two expert witnesses named in the Prosecution Response and Motion.

 

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

__________________

Patrick Robinson
Presiding

Dated this sixth day of May 2004
At The Hague
The Netherlands

[Seal of the Tribunal]