Case No. IT-95-14/2-A

IN THE APPEALS CHAMBER

Before:
Judge Wolfgang Schomburg, Presiding
Judge Fausto Pocar
Judge Florence Ndepele Mwachande Mumba
Judge Mehmet Güney
Judge Inés Mónica Weinberg de Roca

Registrar:
Mr. Hans Holthuis

Date:
2 December 2004

PROSECUTOR

v.

MARIO CERKEZ

_______________________________________

ORDER TO RELEASE MARIO CERKEZ

_______________________________________

The Office of the Prosecutor:

Mr. Norman Farrell
Ms. Helen Brady

Counsel for the Accused:

Mr. Bozidar Kovacic
Mr. Mitko Naumovski
Mr. Goran Mikulicic
Mr. Turner T. Smith Jr.
Mr. Stephen M. Sayers

THE APPEALS 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 ("International Tribunal");

BEING SEIZED of three appeals from the Judgement rendered by the Trial Chamber on 26 February 2001 in the case The Prosecutor v. Dario Kordic and Mario Cerkez, Case No. IT-95-14/2-T;

CONSIDERING the written submissions of the Office of the Prosecutor and the Defence for Mario Cerkez and their oral arguments at the appeals hearing held on 17, 18 and 19 May 2004;

NOTING that Mario Cerkez was sentenced to a term of 15 years of imprisonment for the crimes of which he was found guilty by the Trial Chamber;

NOTING that Mario Cerkez has been in the custody of the International Tribunal since his voluntary surrender on 6 October 1997;

PURSUANT to Article 25 of the Statute of the International Tribunal and in accordance with the final deliberations held today;

CONSIDERING that Mario Cerkez's sentence has to be revised;

ORDERS the immediate release of Mario Cerkez from the United Nations Detention Unit;

INSTRUCTS the Registrar to take all the necessary measures for the release;

ORDERS the Registrar to take necessary measures to enable Mario Cerkez - if he so wishes - to be present when the Judgement is due to be delivered.

Full reasons for this Order will be given in the Judgement.

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

Dated this second day of December 2004,
At The Hague,
The Netherlands

____________
Wolfgang Schomburg
Presiding

____________
Fausto Pocar

____________
Florence Ndepele Mwachande Mumba

____________
Mehmet Güney

____________
Inés Mónica Weinberg de Roca

[Seal of the International Tribunal]