Case no. IT-02-60-PT

Registrar:
Mr. Hans Holthuis

Decision of:
11 April 2003

PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN OBRENOVIC
DRAGAN JOKIC
MOMIR NIKOLIC

__________________________________

ORDER FOR TERMINATION OF PROVISIONAL RELEASE FOR DRAGAN JOKIC AND RETURN TO THE TRIBUNAL

__________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. David Wilson and Mr. Dusan Slijepcevic for Dragan Obrenovic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
Mr. Veselin Londrovic and Mr. Stefan Kirsch for Momir Nikolic

TRIAL CHAMBER I ("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 ("Tribunal"),

RECALLING the "Decision on Application by Dragan Jokic for Provisional Release” (“Provisional Release Decision”) issued by the Appeals Chamber on 28 May 2002, in which the accused Dragan Jokić (“Accused”) was granted provisional release pursuant to Rule 65 of the Rules of Evidence and Procedure of the Tribunal ("Rules"),

CONSIDERING that the Provisional Release Decision requires that the Accused “comply strictly with any order of the Trial Chamber varying the terms of, or terminating [his] provisional release,”¹ and that he "return to the Tribunal at such time and on such date as the Trial Chamber may order"²

CONSIDERING that the Provisional Release Decision requires that the Accused be accompanied by a designated official of the Government of Bosnia and Herzegovina or by such other designated officials as the Trial Chamber may order or accept, and that this official shall deliver the Accused into the custody of the Dutch authorities at Schiphol airport, who shall then transport the Accused to the United Nations Detention Unit,³

CONSIDERING that the Accused shall assume responsibility for all expenses concerning transport from Schiphol to Zvornik and back,⁴

CONSIDERING that the commencement of trial for this case has been set for 6 May 2003,

PURSUANT TO Rule 65 of the Rules,

HEREBY TERMINATES the provisional release of the Accused, Dragan Jokić, effective 29 April 2003, and ORDERS that:

1. the Accused shall surrender to the custody of the Tribunal on 29 April 2003;
2. the designated official of the Government of Bosnia and Herzegovina or other designated official as the Trial Chamber may accept ("Official"), including inter alia lead counsel for the Accused, Miodrag Stojanovic, shall make all necessary arrangements in conjunction with the Registrar of the Tribunal and the Dutch authorities for the return of the Accused to The Hague, Netherlands on 29 April 2003 and his subsequent transportation to and detention in the United Nations Detention Unit;
3. the Government of Bosnia and Herzegovina shall inform the Trial Chamber and the Registrar of the name of the Official by 21 April 2003;
4. the Official shall accompany the Accused on the return flight and shall deliver the Accused into the custody of the Dutch authorities at Schiphol airport on 29 April 2003;
5. the Dutch authorities are requested to transport the Accused to the United Nations Detention Unit on 29 April 2003; and
6. all terms and conditions of the Provisional Release Decision shall continue in full force and effect until the Accused has surrendered to the custody of the Tribunal; the Provisional Release Decision shall be deemed vacated upon the return of the Accused to The Netherlands and delivery of the Accused into the custody of the Dutch authorities at Schiphol airport on 29 April 2003, and

REQUESTS the Registrar of the Tribunal to make all necessary arrangements with all relevant authorities for the return of the Accused and for his continued detention in the United Nations Detention Unit.

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

_______________________________
Judge Liu Daqun
Presiding

Dated this eleventh day of April 2003,
At The Hague
The Netherlands