Decision on Defendant Dusan Fustar’s Emergency Motion to Reconsider

Case No. IT-02-65-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
10 November 2005

PROSECUTOR

ZELJKO MEJAKIC
MOMCILO GRUBAN
DUSAN FUSTAR
DUSKO KNEZEVIC

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DECISION ON DEFENDANT DUSAN FUSTAR’S EMERGENCY MOTION TO RECONSIDER

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Office of the Prosecutor:

Ms. Carla del Ponte
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Jovan Simic and Mr. Zoran Zivanovic, for zeljko Mejakic
Mr. Branko Lukic, for Momcilo Gruban
Mr. Theodore Scudder and Mr. Dragan Ivetic, for Dusan Fustar
Ms. Slobodanka Nedic, for Dusko Knezevic

THIS 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 ("International Tribunal"),

BEING SEIZED of a "Defendant, Dusan Fustar’s Emergency Motion to Reconsider," filed by the Defence of Dusan Fustar ("the Accused") on 9 November 2005 ("Motion"), requesting that the Trial Chamber reconsider its "Decision on Defendant Dusan Fustar’s Emergency Motion seeking a Temporary Provisional Release" of 9 November 2005, and thereby allow the Accused be provisionally released from detention for a period of seven days in order to travel to Bosnia and Herzegovina for the funeral of his mother-in-law, which is scheduled for 10 November 2005,

NOTING that the Motion states that "Mr. Fustar spoke with Mr. Trivun Jovicic, Counsel with the Embassy of Bosnia & Herzegovina, who gave him verbal guarantees that the Government of Bosnia & Herzegovina will further assure the Tribunal of Mr. Fustar’s to return to custody [sic] after the conclusion of the provisional release,"

CONSIDERING that the Accused invites the Trial Chamber to confer with Mr. Jovicic about the guarantees, but that it is for the Accused to ensure that such guarantees are provided to the Trial Chamber,

CONSIDERING ALSO that the funeral which the Accused wishes to attend is taking place today and it is therefore impossible for the Accused to travel to Bosnia and Herzegovina in time,

PURSUANT TO Rules 54 and 65 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES the MOTION.

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

___________________________
Patrick Robinson
Presiding

Dated this tenth day of November 2005
At The Hague,
The Netherlands

[Seal of the Tribunal]