BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Rafael Nieto-Navia
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
29 September 1999

THE PROSECUTOR

v.

ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC,
DRAGO JOSIPOVIC, DRAGAN PAPIC, VLADIMIR SANTIC, ALSO KNOWN AS "VLADO"

___________________________________________________________

DECISION ON APPLICATION FOR LEAVE TO APPEAL

___________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, Mr. Tomislav Pasaric, for Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic, for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter, for Dragan Papic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak, for Vladimir Santic

 

THIS BENCH of 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"),

NOTING the "Request of the Defence Counsel for Zoran Kupreskic and Mirjan Kupreskic for the Leave to Appeal against the Decision on the Motions for Provisional Release of 13 September 1999", submitted by counsel for Zoran Kupreskic and Mirjan Kupreskic ("Appellants") by facsimile transmission outside regular office hours on 20 September 1999 without prior permission for after-hours filing pursuant to Article 27(2) of the Directive for the Registry Judicial Department Court Management and Support Services and, therefore, filed the next day ("Request");

NOTING the "Decision on the Motions for Provisional Release by Zoran Kupreskic, Mirjan Kupreskic, and Drago Josipovic", issued by Trial Chamber II and filed on 13 September 1999 ("Decision");

NOTING that sub-Rule 65(D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides, inter alia, that any "decision rendered under this Rule shall be subject to appeal in cases where leave is granted by a bench of three Judges of the Appeals Chamber, upon good cause being shown", and that applications "for leave to appeal shall be filed within seven days of the impugned decision";

NOTING that the Request was filed outside the seven day time-limit prescribed by sub-Rule 65(D);

ACCEPTING, however, in the circumstances of this case, the Request as having been filed within time pursuant to sub-Rules 127(B) and 127(A)(ii);

CONSIDERING that sub-Rule 65(B) sets out the cumulative criteria that must be satisfied for the granting of provisional release, among which are exceptional circumstances;

CONSIDERING that the Appellants have failed to establish error on the part of the Trial Chamber in determining an absence of exceptional circumstances under sub-Rule 65(B);

FINDING, THEREFORE, that the Request has not shown good cause;

HEREBY REFUSES to grant leave AND DISMISSES the Request.

 

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

___________________________
Rafael Nieto-Navia
Presiding Judge

Dated this twenty-ninth day of September 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]