IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
26 July 2001

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

________________________________________

DECISION ON APPLICATION OF THE ACCUSED MR. MIROSLAV TADIC TO PROVISIONALLY LEAVE HIS RESIDENCE FOR MEDICAL TREATMENT AND PHYSICAL THERAPY

The Office of the Prosecutor:

Mr. Peter McCloskey
Mr. Gramsci Di Fazio
Ms. Aisleen Reidy

Counsel for the accused:

Mr. Igor Pantelic, for Blagoje Simic
Mr. Slobodan Zecevic, for Milan Simic
Mr. Novak Lukic and Mr. Dragan Krgovic, for Miroslav Tadic
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 an "Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Treatment and Physical Therapy" filed on 6 July 2001 ("the Application"),

NOTING that the accused, Miroslav Tadic, 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",

NOTING that the accused now seeks permission to leave the municipality in which he resides and to travel outside Republika Srpska to Igalo Spa, Montenegro, Federal Republic of Yugoslavia (Serbia and Montenegro), for rehabilitation treatment,

CONSIDERING that Republika Srpska has entered into certain undertakings and provided various guarantees to the International Tribunal as to the conditions of provisional release of the accused,

CONSIDERING that, although the accused should not be deprived of obtaining treatment indispensable for his health, on the material provided the Trial Chamber is not satisfied that the rehabilitation treatment is unavailable elsewhere,

PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES the Application without prejudice to any further application for the rehabilitation treatment in a different location.

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

__________________________
Patrick Robinson
Presiding

Dated this twenty-sixth day of July 2001
At The Hague
The Netherlands