Case No. IT-04-84-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Registrar:
Mr. Hans Holthuis

Decision of:
14 October 2005

PROSECUTOR

v.

RAMUSH HARADINAJ
IDRIZ BALAJ
LAHI BRAHIMAJ

_____________________________________________

ORDER RELATING TO THE PROSECUTION MOTION TO STAY THE DECISION ON DEFENCE MOTION OF RAMUSH HARADINAJ TO REQUEST RE-ASSESSMENT OF CONDITIONS OF PROVISIONAL RELEASE GRANTED 6 JUNE 2005

_____________________________________________

The Office of the Prosecutor:

Ms. Carla del Ponte
Mr. Stephan Waespi
Mr. Gilles Dutertre
Mr. Philippe Vallieres-Roland

Accused / Counsel for the Accused:

Ramush Haradinaj
Mr. Ben Emmerson
Mr. Rodney Dixon
Mr. Conor Gearty
Mr. Michael O’Reilly

Idriz Balaj
Mr. Gregor Guy-Smith

Lahi Brahimaj
Mr. Richard Harvey

TRIAL CHAMBER II ("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");

NOTING the "Prosecution Motion to Stay the Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005" ("Motion") filed by the Prosecution on 13 October 2005;

NOTING the "Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005" ("Decision"), issued by this Chamber on 12 October 2005;

NOTING that the Prosecution in this Motion informs the Chamber that it intends to appeal the Decision and that it requests that the Decision be stayed until the conclusion of the appeal proceedings on this issue;

CONSIDERING that the Chamber is not in a position to take a decision on this request without having heard the Defence for Mr Haradinaj;

CONSIDERING that the character of this Motion requires a speedy decision by the Chamber;

PURSUANT TO Rules 54 and 65 of the Rules

HEREBY ORDERS

1. The Defence for Mr Haradinaj to file a response to the Motion at the latest by Monday 17 October at 4 pm;

2. A stay of the Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005, until such time that the Trial Chamber has taken a decision on the Motion.

 

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

Dated this fourteenth day of October 2005
At The Hague
The Netherlands

___________________________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]