|(Exclusively for the use of the media. Not an official document)||
The Hague, 30 October 1996
Delic case (Celebici): Trial Chamber denies the accused's motion for provisional release.
In a Decision rendered on Thursday 24 October 1996, Trial Chamber II rejected the motion for provisional release filed by Hazim DELIC, one of the four co-defendants in the Celebici Case.
The criteria for provisional release.
Referring to its Decision on provisional release of DELIC's co-defendant DELALIC (see Press Release 110), the Trial Chamber reiterated that according to Sub Rule 65(B) on provisional release four criteria must be satisfied by the Defense before the Judges can grant the release of an accused pending trial:
"The Defence must establish that there are exceptional circumstances, that the accused will appear for trial and that if released the accused will not pose a danger to any victim, witness of other person. Additionally, the host country (i.e. The Netherlands) must be heard".
If any of these four requirements are not met, the Trial Chamber "is not authorized to grant provisional release and the accused must remain in detention".
The findings of Trial Chamber in the case.
Addressing each of the criteria set out above, the Judges concluded that:
the Defence failed to establish exceptional circumstances, as defined in the Delalic decision ":there is reasonable suspicion that the accused committed the crimes alleged (...)" " if proven, the accused would have a significant role in the crimes charged". Moreover, the fact that the accused has been separated from his family for much of the last four years "is primarily a result of his military activities and time spent in prison for his murder conviction in Bosnia and Herzegovina. The accused has been in the custody of the International Tribunal for four months "and (...) this period of detention does not appear to be unreasonable".
the Defence has failed to establish that there is no risk of flight. Although the Bosnian authorities have provided a written guarantee that they would facilitate the return of the accused, the Judges found that "the difficulties in actually implementing this obligation are(...) overwhelming". Moreover, relevant to his willingness to surrender himself voluntarily is the fact that before coming into the custody of the Tribunal, the accused "challenged his extradition" by claiming that he was not the individual named in the indictment and arrest warrant.
the Defence has failed to establish that, if released, the accused would not pose a danger to victims, witnesses and others. Relevant in that regard are the facts that "the accused wishes, upon his release, to return to the location where the alleged crimes took place" and that "the accused is a convicted murderer and, therefore, his mere presence in the vicinity of victims and witnesses may have a more substantial impact on them and their willingness to cooperate with the International Tribunal, than may be the case for other accused".
the host country has not been consulted, but this does not affect the determination of the Trial Chamber that "the Defence has failed to fulfill the requirements for the provisional release of the accused"
International Criminal Tribunal for the former Yugoslavia
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