Case No.: IT-99-36-I

BEFORE A JUDGE OF THE TRIBUNAL

Before:
Judge Jean-Claude Antonetti

Registrar:
Mr Hans Holthuis

Decision of:
1 December 2005

THE PROSECUTOR

v.

STOJAN ZUPLJANIN

________________________________________

ORDER AND REMINDER TO THE AUTHORITIES OF BOSNIA AND HERZEGOVINA

________________________________________

The Office of the Prosecutor:

Mrs Carla Del Ponte

 

I, Jean-Claude Antonetti, Judge 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");

HAVING BEEN APPOINTED Reviewing Judge in this case by a confidential and ex parte order of the President of the Tribunal dated 28 September 2004, pursuant to Rule 50(A)(i)(b) of the Rules of Procedure and Evidence ("Rules");

NOTING resolution 827 adopted by the United Nations Security Council on 25 May 1993 as well as Articles 19(2) and 29 of the Statute of the Tribunal ("Statute") and Rules 54 and 61 of the Rules;

NOTING the Second Amended Indictment brought by the Office of the Prosecutor ("Prosecution") against Stojan Zupljanin and confirmed by me, a Judge of the Tribunal;

NOTING the warrant of arrest issued on 5 October 2004;

CONSIDERING that Stojan Zupljanin has still not been arrested notwithstanding the warrant of arrest issued against him;

CONSIDERING that Rule 59(A) of the Rules provides that where a State to which a warrant of arrest has been transmitted has been unable to execute the warrant, it shall report forthwith its inability to the Registrar, and the reasons therefor;

CONSIDERING that the authorities of Bosnia and Herzegovina have been called upon to report on the reasons why the first warrant of arrest dated 17 October 1999 was not executed;

CONSIDERING that, to date, there has been no response to this request and that, in addition, the latest warrant of arrest dated 5 October 2004 has not been executed;

CONSIDERING that the authorities of Bosnia and Herzegovina should therefore report on the current status of the search they have conducted to arrest Stojan Zupljanin;

FOR THE FOREGOING REASONS,

REQUEST the authorities of Bosnia and Herzegovina to report on the reasons of their inability to arrest Stojan Zupljanin since 17 December 1999 and to identify the steps they have taken in order to execute the warrant of arrest dated 5 October 2004;

DIRECT the Registrar of the Tribunal to transmit this order without delay to the authorities of Bosnia and Herzegovina and to inform me of their response.

 

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

________________
Jean-Claude Antonetti
Judge of the International Tribunal

Dated this first day of December 2005
At The Hague
The Netherlands

[Seal of the Tribunal]