Case No.: IT-03-70-PT

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Order of:
4 May 2005

PROSECUTOR

v.

NEBOJSA PAVKOVIC
VLADIMIR LAZAREVIC
VLASTIMIR DJORDJEVIC
SRETEN LUKIC

_______________________________________________________________________

ORDER MODIFYING THE CONDITIONS OF PROVISIONAL RELEASE

_______________________________________________________________________

The Office of the Prosecutor

Mr. Thomas Hannis
Ms. Christina Moeller

Counsel for the Accused

Mr. Mihajlo Bakrac, for Vladimir Lazarevic

 

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 SEISED OF the "Defence Request for Modification of Decision on Defence Request for Provisional Release", filed by the Defence of Vladimir Lazarevic (“the Accused”) on 19 April 2005 ("Modification Request"), which notes that the Accused’s address is in the municipality of Nis, and requests that the conditions of provisional release, as set out in this Chamber’s "Decision on Defence Request for Provisional Release" of 14 April 2005 ("Provisional Release Decision"), be modified to reflect his domicile in that municipality;

NOTING the "Prosecution’s Response to Defence Request for Modification of Decision on Defence Request for Provisional Release", filed by the Office of the Prosecutor ("Prosecution") on 20 April 2005, whereby the Prosecution does not oppose the Modification Request;

NOTING that in granting the Accused’s request for provisional release, the Provisional Release Decision imposed several conditions on his release pursuant to Rule 65(C) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), including the obligations:

1. […]

d. […]

    1. to provide the address at which he will be staying in Belgrade to the Ministry of Justice and the Registrar of the International Tribunal before leaving the United Nations Detention Unit in The Hague;
    2. to remain within the confines of the municipality of Belgrade;
    3. […]
    4. to report each day to the police in Belgrade at a local police station to be designated by the Ministry of Justice;

CONSIDERING that the "Defence Request for Provisional Release", filed on 22 March 2005 ("Provisional Release Request"), did not indicate that the Accused resided in the municipality of Niš prior to his surrender and transfer to the Tribunal; that the only municipality mentioned in the Provisional Release Request is that of Belgrade, the location of the district court where the Accused formally received the indictment against him; and that the Trial Chamber was therefore unaware when it issued the Provisional Release Decision that the Accused’s domicile was not in the municipality of Belgrade;

PURSUANT TO Rules 54 and 65 of the Rules,

HEREBY GRANTS the Modification Request, and ORDERS as follows:

  1. During the period of his provisional release, the Accused shall abide by the following conditions, and the authorities of the governments of Serbia and Montenegro and the Republic of Serbia, including the local police, shall ensure compliance with such conditions:
    1. to provide the address at which he will be staying in Niš to the Ministry of Justice and the Registrar of the International Tribunal;
    2. to remain within the confines of the municipality of Niš; and
    3. to report each day to the police in Niš at a local police station to be designated by the Ministry of Justice;
  2. All other terms and conditions of the Accused’s provisional release as ordered in the Provisional Release Decision, including the Accused’s obligation to comply strictly with this and any further Order of the Trial Chamber varying the terms of or terminating his provisional release, remain unchanged.

 

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

___________________________
Judge Patrick Robinson
Presiding

Dated this fourth day of May 2005
At The Hague
The Netherlands

[Seal of the Tribunal]