Case No. IT-98-30/1-A

IN THE APPEALS CHAMBER

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

Registrar:
Mr. Hans Holthuis

Order of:
9 February 2005

PROSECUTOR

v.

Miroslav KVOCKA, Mladjo RADIC, Zoran ZIGIC and Dragoljub PRCAC

________________________________________________

ORDER TERMINATING THE PROVISIONAL RELEASE OF MIROSLAV KVOCKA

________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellants:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

Bosnia and Herzegovina

Embassy of Bosnia and Herzegovina, The Hague

 

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"),

RECALLING the "Decision on the Request for Provisional Release of Miroslav Kvocka” rendered on 17 December 2003, which ordered that Miroslav Kvocka be provisionally released pending the hearing of his appeal ("Provisional Release Decision");

NOTING that the Provisional Release Decision required Miroslav Kvocka to “comply with any order of the Appeals Chamber varying the terms of, or terminating, his provisional release" and "to return to the Tribunal at such time and on such date as the Appeals Chamber may order";

NOTING the "Order Varying the Provisional Release of Miroslav Kvocka and for his Return to the Tribunal during the Appeal Hearing" ("Provisional Release Order") rendered on 11 March 2004, which stated that the “provisional release of Miroslav Kvocka shall resume on Monday, 29 March 2004, and be effective up to his return in custody for the delivery of judgement on appeal";

Noting the "Scheduling Order" issued on 8 February 2005, which ordered that the hearing to deliver the Judgement in this Appeal shall take place on 28 February 2005;

NOTING that the Provisional Release Order stated that "₣oğn his return flight to The Hague before the delivery of the judgement on appeal, Miroslav Kvocka shall be accompanied by a designated official of BiH (or such other designated officials as the Appeals Chamber may order or accept) who shall deliver Miroslav Kvocka into the custody of the Dutch authorities at Schiphol airport at a date and time to be determined by the Appeals Chamber; the Dutch authorities shall then transport him back to the United Nations Detention Unit";

NOTING that, in the "Guarantee of the Government of Republika Srpska" filed on 9 December 2003, the Government of Republika Srpska undertook to bear all costs regarding the transfer of Miroslav Kvocka “from the moment it takes charge of him at Schiphol Airport in the Netherlands to the place in Republika Srpska where he will stay and back”;

PURSUANT TO Rule 65 of the Rules of Procedure and Evidence,

HEREBY TERMINATES the provisional release of Miroslav Kvocka with effect from 25 February 2005 and ORDERS that:

  1. Miroslav Kvocka shall surrender to the custody of the International Tribunal on 25 February 2005 at the latest;
  2. The Government of Bosnia and Herzegovina shall inform the Appeals Chamber and the Registrar of the name of any designated official as soon as possible but no later than 22 February 2005 for assisting in the return of Miroslav Kvocka to the custody of the International Tribunal by 25 February at the latest;

  3. The designated official of Bosnia and Herzegovina (or such other designated officials as the Appeals Chamber may order or accept) shall make all necessary arrangements in conjunction with the Registrar of the International Tribunal and the Dutch authorities for the return of Miroslav Kvocka to The Hague, Netherlands, on 25 February 2005 at the latest, and his subsequent transportation to and detention in the United Nations Detention Unit;
  4. The designated official of Bosnia and Herzegovina (or such other designated officials as the Appeals Chamber may order or accept) shall accompany Miroslav Kvocka on the flight to The Hague and shall deliver him into the custody of the Dutch authorities at Schiphol airport on 25 February 2005 at the latest;
  5. The Dutch authorities are requested to transport Miroslav Kvocka to the United Nations Detention Unit immediately following his arrival at Schiphol airport;
  6. All terms and conditions of the Provisional Release Decision shall continue in full force and effect until Miroslav Kvocka has surrendered to the custody of the International Tribunal;

REQUESTS the Registrar of the International Tribunal to make all necessary arrangements with all relevant authorities for the return of Miroslav Kvocka and for his detention in the United Nations Detention Unit as of 25 February 2005 or earlier until further order of the International Tribunal.

 

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

_________________________
Mohamed Shahabuddeen
Presiding Judge

Dated this ninth day of February 2005
At The Hague,
The Netherlands

[Seal of the Tribunal]