Case No. IT-01-46-PT
IN THE TRIAL CHAMBER
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
Order of:
5 July 2002
THE PROSECUTOR
v.
RAHIM ADEMI
___________________________________________________
ORDER ON REQUEST FOR VARIATION OF CONDITIONS FOR PROVISIONAL RELEASE
___________________________________________________
The Office of the Prosecutor:
Mr. Mark Ierace
Defence Counsel:
Mr. Cedo Prodanovic
TRIAL CHAMBER I 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 "Tribunal"),
BEING SEISED of the "Request for limited Amendment to the Conditions set out for the Provisional Release of the Accused Rahim Ademi Sthe "Accused"C", (the "Request"), filed on 24 April 2002, by which the Defence sought:
NOTING that the Prosecution did not respond to the Request,
NOTING the "Order on Motion for Provisional Release," filed on 20 February 2002;
NOTING that, on 24 June 2002, the Defence filed a letter providing, in particular, a document stating that the Accused should be referred to a medical centre in Zagreb for "control check-up";
CONSIDERING that the information submitted by the Defence, regarding in particular the health condition of the accused, can justify that the conditions imposed upon the accused be modified to the extent compatible with: a) ensuring that he is not prevented from receiving adequate treatment; and b) ensuring that he will reappear for trial and not be a threat to the victims or witnesses;
BEARING IN MIND that the Government of the Republic of Croatia offered a number of guarantees for securing the provisional release of the accused and stated, in particular, that it would fulfil all eventual requests of the respective Trial Chamber in this matter;
NOTING that the most recent "Report of the Office of the Government of Croatia for Co-operation with the ICTY and ICJ regarding the obligation of the General Rahim Ademi to report weekly to the competent police authorities S…C," filed on 14 June 2002, shows that the Accused has satisfied this obligation in the month of May 2002;
CONSIDERING therefore that there is no reason at this moment to deny the Request, subject to the conditions below;
PURSUANT to Rules 54 and 65 of the Rules of Procedure and Evidence of the Tribunal,
HEREBY
GRANTS the Request as follows:
Done in both English and French, the English text being authoritative.
___________________________
Judge Liu,
President of Trial Chamber I
Dated this fifth day of July 2002
At The Hague,
The Netherlands
[Seal of the Tribunal]