IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
16 October 2000

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

_______________________________________________

DECISION ON MIROSLAV TADIC’S APPLICATION TO PROVISIONALLY
LEAVE HIS RESIDENCE FOR FURTHER MEDICAL EXAMINATIONS

_______________________________________________

The Office of the Prosecutor:

Ms. Nancy Paterson

Counsel for the accused:

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

 

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 "Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Further Medical Examinations, Based on the Trial Chamber’s Decision of September 11, 2000" filed on behalf of the accused Miroslav Tadic ("the Accused") on 6 October 2000 ("the Application"), requesting leave from the Trial Chamber to leave his residence in order to undergo further medical examinations (hereafter the "specified medical examination") at the Neurological Clinic of the Clinical Hospital Center in Banja Luka, Republika Srpska,

NOTING that the Trial Chamber held a status conference in this case on 11 October 2000 at which the Accused and the Office of the Prosecutor ("Prosecution") were represented,

CONSIDERING the statement of the Prosecution at that status conference that the Prosecution has no objection to the Application,

CONSIDERING that the Accused was granted provisional release by this Trial Chamber on 4 April 2000, subject to certain conditions, including the requirement "to remain within the confines of the municipality of Bosanski Samac"1,

HEREBY GRANTS the Application under the following terms and conditions:

(i) For a period of four consecutive days within the month of October, the Accused may leave the municipality of Bosanski Samac to travel to the Clinical Hospital Center in Banja Luka and receive the specified medical examination,

(ii) During this time, the Accused shall continue to report each day to the local police in Bosanski Samac. However, if a period of hospitalisation is required, the Accused shall report each day for the duration of that period from the Clinical Hospital Center by telephone to the local police in Bosanski Samac,

This Decision does not affect the continuing application of the terms and conditions of the Accused’s provisional release, as set forth in this Trial Chamber’s Decision dated 4 April 20002, except to the extent specified in paragraphs (i) and (ii).

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

 

____________________
Patrick Robinson
Presiding Judge

Dated this sixteenth day of October 2000
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutor v. Simic et al., Case No. IT-95-9-PT, Decision on Miroslav Tadic’s Application for Provisional Release, 4 Apr. 2000 ("Provisional Release Decision"), p. 9.
2. Ibid., pp. 9 – 10.