Page 61
1 Thursday, 26 March 1998
2 (9.08am)
3 JUDGE JORDA: Mr Registrar -- just a moment,
4 could you please state which case number this is and
5 ask the accused to enter?
6 THE REGISTRAR: IT-95-9-PT, the Prosecutor
7 against Milan Simic.
8 JUDGE JORDA: Now, you can ask Mr Simic to be
9 brought in. We will wait for him to take the seat. In
10 the meantime, who appears on behalf of the Prosecution
11 in this matter, please? This is Ms Paterson, but she
12 will tell us for herself and she will tell us who
13 assists her.
14 MS PATERSON: It is Nancy Paterson
15 representing the Prosecution. I am the only attorney
16 here today for the Prosecution. My assistant is the
17 case manager, Ms Verhaag.
18 JUDGE JORDA: Before we turn to the Defence,
19 Mr Simic, would you please take your earphones now?
20 Could the security officer help Mr Simic to take the
21 earphones? Can you hear me, Mr Simic?
22 MR SIMIC: Yes, I can hear you.
23 JUDGE JORDA: Thank you. Who appears for
24 the Defence, please, because I would like some details
25 here? Normally, it should be Mr Drago Vukovic who
Page 62
1 represents the accused.
2 MR VUKOVIC: Yes, your Honour. I am Drago
3 Vukovic, attorney from Belgrade, along with my
4 colleague, Mr Pisarevic and Mr Pantelic, who agreed on
5 a pro bono basis to help me today.
6 JUDGE JORDA: Could you please remind me the
7 names of your colleagues? I know Mr Pantelic well, but
8 on your left-hand side, could you tell me who is your
9 colleague?
10 MR VUKOVIC: It is Mr Pisarevic and
11 Mr Pantelic.
12 JUDGE JORDA: There are three of you. Could
13 you please give the Trial Chamber some explanations,
14 because I think that you were the only counsel that was
15 appointed. Could you give us some additional
16 explanations about this fact, that you are three?
17 MR VUKOVIC: Mr Pisarevic and Mr Pantelic
18 are here present as initial attorneys for Mr Simic --
19 in fact, Mr Pisarevic took part in the surrender and
20 the transfer of Mr Simic to The Hague and to the
21 jurisdiction of the Tribunal, and Mr Pantelic also took
22 part in this process. So, on this basis, they are
23 together present, and are assisting me today.
24 JUDGE JORDA: Mr Simic, is it your desire
25 just for today -- could you please explain what is your
Page 63
1 position? Please be seated, Mr Vukovic. Mr Vukovic,
2 you can be seated.
3 Mr Simic, can you tell us what is your
4 attitude? You have three counsel today. You were
5 appointed one counsel by the Tribunal. Please
6 explain? Could you put the microphone on? Could you
7 please explain the situation about your counsel. There
8 are three counsel for you -- you had only one, and now
9 you have three people representing you. Could you
10 explain?
11 MR SIMIC: Yes, Drago Vukovic is my Defence
12 attorney. He was assigned to me by the Tribunal, and
13 Mr Pisarevic comes from the same town that I come from,
14 and is completely abreast of all developments in this
15 case, and has been coming to The Hague to prepare in
16 the conditions.
17 As far as the Rules of the Tribunal that only
18 one attorney may represent one accused, Mr Pisarevic is
19 involved in another case and Mr Pantelic is also
20 involved in a case of Mr Jelisic. However, they are
21 completely familiar with all the developments so far in
22 this case and Mr Vukovic is a new attorney who has been
23 assigned to me, whereas Mr Pantelic and Mr Pisarevic
24 have been familiar with all the proceedings so far, and
25 this is why I have asked them to be here.
Page 64
1 JUDGE JORDA: Thank you. Could the
2 Registrar tell us whether you have any particular
3 remarks you would like to make, because this concerns
4 particularly your Office?
5 THE REGISTRAR: Yes, the particular remark
6 would be that a Registrar cannot assign more than one
7 counsel -- in this case it is Mr Vukovic, so the
8 Registry can only take note that there are two other
9 counsel here on a pro bono basis.
10 JUDGE JORDA: Thank you, I will consult my
11 colleagues now. (Pause).
12 The judges of this Trial Chamber have found
13 out that it is a choice of the accused -- the choice of
14 Mr Simic concern only this motion hearing for
15 provisional release, and that is why the judges will
16 accept this situation. The judges take note that there
17 are no additional fees or no additional costs for the
18 Registry, and that the accused cannot repeat this
19 situation on another occasion, so this is a unique
20 situation that will apply only for today.
21 So, the judges would like that Mr Vukovic
22 from now on takes the Defence and pleads, so in case
23 this time round, Mr Vukovic, you need to consult your
24 colleagues, please feel free to do so.
25 Can we now take up the motion hearing on
Page 65
1 provisional release and I will give the floor, first,
2 to Mr Vukovic and, after that, we will ask the
3 Prosecution bench to explain their observations.
4 Mr Vukovic?
5 MR VUKOVIC: Your Honours --
6 JUDGE JORDA: My colleague tells me that in
7 case you would like to feel more comfortable, you may
8 use the microphone that is in front of Mr Pantelic and
9 he will certainly lend it to you. It will be much
10 easier and you will not have to bend so much.
11 MR VUKOVIC: As I said, on 17 March of this
12 year, the Defence submitted a motion for provisional
13 release of the accused, Milan Simic, and, with your
14 Honours' permission, I would just like to state for the
15 public record the basic submissions contained in this
16 motion.
17 First of all, I would like to point out that
18 Milan Simic voluntarily and unconditionally surrendered
19 to this Tribunal on 14 February 1998. During the
20 initial appearance before the Tribunal, the Office of
21 the Prosecutor, through its representative, pressed its
22 positive position in regard to provisional release and
23 then, pursuant to Rule 65, four conditions need to be
24 met for the provisional release and those are
25 exceptional circumstances, guarantee that the accused
Page 66
1 will appear for trial and that, if released, he will
2 not pose a danger to any victim, witness or other
3 person, as well as the approval of the host country.
4 I will now try to set out that all these four
5 conditions have been met. As far as the exceptional
6 circumstances are concerned, Mr Simic is a seriously
7 disabled person, he is hemiplegic, he is bound to a
8 wheelchair, he has no use of his legs and he has still
9 got a bullet lodged in his spine, he has the use of
10 only one kidney and one arm and, therefore, he requires
11 special conditions for his normal life.
12 He also requires assistance of highly
13 specialised medical personnel in order to conduct his
14 daily life, and he has been in this condition since the
15 day he was wounded.
16 I am only going to point out some problems
17 that he meets daily in the detention unit and I would
18 like to give Mr Simic an opportunity to personally tell
19 you what sort of problems he encounters on a daily
20 basis in the detention unit.
21 First of all, he needs to go to the hospital
22 every day at 5 o'clock in the afternoon. He goes there
23 and, until this time, he is isolated from the rest of
24 the detainees in the detention unit, so that, during
25 the period of time which is their free time for them,
Page 67
1 which is 5.30 until 8.30 in the evening, he cannot
2 socialise with them. Every morning he arrives in the
3 detention unit around 8.30, and he spends additional
4 two hours alone by himself, because he is unable to
5 take daily walks and, also, he, during the lunch
6 period, also remains detained.
7 While in the detention unit, he is unable to
8 take regular rests, because there are no -- he has no
9 conditions to lie down, so that, throughout the day, he
10 is bound to his wheelchair, which causes him
11 unnecessary pain. Also, the layout of the detention
12 unit is such that he cannot approach the toilet
13 facilities or the wash basin in his wheelchair, so that
14 he can only get some assistance from Mr Saric and
15 Mr Tadic who are from his home town and who have made
16 efforts to assist him, and I will leave Mr Simic to
17 elucidate further issues in this matter.
18 The next condition is the danger that he will
19 not appear for trial, that is, that he will escape.
20 The Defence points out that the accused surrendered
21 voluntarily, that he chose to place himself under the
22 jurisdiction of the Tribunal, and this proves that he
23 is willing to appear at trial as well as all additional
24 hearings, and he will answer any summons of the
25 Tribunal to appear for any portion of the proceedings.
Page 68
1 Also, as a disabled person bound to a
2 wheelchair, that implies that he would need much
3 greater effort and that it would be much more difficult
4 for him to try to escape and fail to appear before the
5 Trial Chamber.
6 As far as the third condition is concerned,
7 that is, that he may pose a threat to the victims or
8 witnesses, the Defence would like to point out that
9 Mr Simic is a family man, he lives with his wife. His
10 wife is a pillar in his life and she helps him daily to
11 get through the difficulties. She is a very popular
12 person among the citizens of her home town and, also,
13 in his family.
14 Mr Simic, furthermore, has never been
15 criminally prosecuted before, and, as a disabled
16 person, and given his character, he would not present a
17 threat or danger to any person with whom he may come
18 into contact.
19 I would also like to point out that the
20 accused has also given a written statement, which he is
21 prepared to repeat orally, that he commits to not
22 coming into contact with any potential witness or other
23 co-accused, so we believe that this condition of Rule
24 65(B) has also been met.
25 As far as the acceptance of the host country
Page 69
1 is concerned, we believe that, based on the past
2 practice of the Tribunal, should the Trial Chamber come
3 to the position that all other conditions for
4 provisional release of Mr Simic have been met, that the
5 host country will also go along with this decision.
6 Finally, we submit that all conditions
7 provided by Rule 65(B) have been met and, as the Office
8 of the Prosecutor also supported our motion for
9 provisional release, and in the letter of 12 March 1998
10 in which the Defence asked for the provisional release
11 and the OTP has responded favourably to that.
12 Furthermore, the Prime Minister of the
13 Republika Srbska, Mr Dodik, and Minister Stankovic have
14 also provided assurance to the Tribunal regarding the
15 provisional release of Mr Simic, and have assured the
16 Tribunal that they will take all necessary measures to
17 assure the provisional release of Mr Simic and will
18 post a bond of $US25,000 should Mr Simic fail to appear
19 at trial, as well as on the basis that Mr Simic himself
20 gave a written statement, which he will confirm here
21 orally, that he understands all the conditions set out
22 in the letter from 12 March 1998. The Defence
23 respectfully requests that the motion for provisional
24 release of Mr Simic be granted for humanitarian reasons
25 because the health conditions of Mr Simic are too
Page 70
1 difficult for Mr Simic to bear. Thank you.
2 JUDGE JORDA: Thank you, Mr Vukovic. I am
3 turning now to Ms Paterson and I would like to see what
4 the Office of the Prosecutor thinks of this matter.
5 Maybe you can complete -- we know the basis of your
6 position, but maybe you can complete it now. You have,
7 during the initial appearance, already indicated what
8 your position would be.
9 MS PATERSON: Yes, Mr President. As has
10 been stated, the Prosecution mentioned at the initial
11 appearance that, if we could receive sufficient
12 assurances that Mr Simic would return for trial, we
13 would look favourably on this motion. We have worked
14 for the last several weeks quite amicably with the
15 Defence towards this end and we think that we have
16 reached a point where we have now received the
17 assurances and guarantees that we find acceptable.
18 As Mr Vukovic said, pursuant to Rule 65(B) of
19 the Rules of Procedure and Evidence, if an accused can
20 establish that exceptional circumstances attach to the
21 case, the Trial Chamber may order the provisional
22 release of the accused prior to trial, if the Chamber
23 is satisfied that the accused will appear for trial and
24 will not pose a danger to any victim, witness or other
25 person.
Page 71
1 The Prosecutor is satisfied that, having
2 regard to the accused's serious physical handicaps
3 caused as a result of a shooting incident in February
4 1993, Milan Simic does meet the exceptional
5 circumstances test for provisional release. This
6 opinion has been formed after conferring with the
7 accused's Defence counsel and representatives of the
8 ICTY detention unit and after reviewing the accused's
9 medical records. While the accused himself, we
10 believe, will acknowledge that he has received the best
11 care available by the staff of the detention unit, it
12 is clear that the medical and physical facilities of
13 the detention unit cannot adequately meet the demands
14 of the accused's physical condition.
15 Due to the limited resources of the detention
16 unit, which are already stretched to the maximum, the
17 Prosecutor believes that it will be in the best
18 interests of the defendant to return to Bosanski Samac
19 where special physical provisions have been made for
20 his care.
21 In order to satisfy the Prosecutor that
22 sufficient guarantees were in place to assure the
23 return of the accused, and to monitor his presence at
24 his home at Bosanski Samac on a daily basis, as
25 Mr Vukovic has said, a letter of assurance was signed
Page 72
1 by Prime Minister Dodik and the Minister of Interior,
2 Stankovic, of the Republika Srbska, in which they both
3 agreed to guarantee the accused's return to the
4 Tribunal for his trial and for any other pre-trial
5 hearings that the Trial Chamber may order.
6 Furthermore, a set of detailed conditions has
7 been granted which, among other things, sets out some
8 procedure by which the local police and the IPTF will
9 monitor Mr Simic's physical presence at his home in
10 Bosanski Samac on a daily basis.
11 The Prosecutor would like to note that she
12 feels that the agreements reached in regard to these
13 assurances and conditions, secured from the authorities
14 of Republika Srbska, represent a significant advance in
15 the relationship and cooperation between the Tribunal
16 and Republika Srbska.
17 By signing the letter of assurance Prime
18 Minister Dodik and Minister of Interior Stankovic have
19 acknowledged the jurisdiction of the Tribunal to
20 prosecute the accused and they have stated their
21 commitment to respect and abide by any orders issued by
22 the Tribunal in regard to this case.
23 It must be stressed, however, that the fact
24 that the accused is being provisionally released should
25 not be interpreted to mean that the Prosecution does
Page 73
1 not intend to proceed to trial and to vigorously
2 prosecute this case. Prior to rejecting a plea offer
3 made by the Prosecution, Milan Simic was informed that
4 the Prosecution has significant evidence against him,
5 and that, should he reject the plea offer, the
6 Prosecution intended to amend the indictment and add
7 additional charges against him for other beatings
8 inflicted on additional victims.
9 This course of action will be followed as
10 stated. Despite the strong case against Mr Simic the
11 Prosecutor is satisfied that due to his physical
12 disabilities, the accused does not pose a threat to any
13 of the Prosecution witnesses. The Prosecution is also
14 satisfied that Mr Simic does intend to return to the
15 court to defend the charges against him, and he is
16 aware of the fact that when he returns, he will have to
17 surrender himself to the ICTY detention unit where he
18 will remain for the duration of the trial.
19 As Mr Vukovic has stated, Prime Minister
20 Dodik and Minister of Interior Stankovic have signed a
21 letter of assurance which was drafted by the Office of
22 the Prosecutor. That document has been signed.
23 I believe Mr Vukovic has the original and copies have
24 been provided to the court.
25 In addition, the Prosecution has drafted a
Page 74
1 number of conditions, the majority of which were
2 discussed with the Defence counsel and with Mr Simic
3 prior to court with only a few very minor changes.
4 I have that document with me today and we would like to
5 have Mr Simic and Mr Vukovic sign that today here in
6 the court.
7 In addition, I am informed by the Registrar
8 that the Defence has secured a bail bond or a bank
9 letter of guarantee for the amount of $US25,000 which
10 they are prepared to post with the Registrar, which
11 will be payable to the Registrar of the Tribunal,
12 should Mr Simic fail to return for trial.
13 Finally, I am also informed by the Registrar
14 that they have received I believe documentation from
15 the host country that, if these proceedings are
16 approved by the Trial Chamber, that they have no
17 objection to the provisional release of this defendant.
18 JUDGE JORDA: Thank you, Ms Paterson.
19 Before asking for additional explanations, I will turn
20 to Mr Simic.
21 Mr Simic, you have heard what your counsel
22 has stated and I think that he said that you also
23 wanted to add something. You have heard the
24 Prosecution. So could you tell us what is your point
25 of view, first of all, of your physical state, which is
Page 75
1 the basis of this request, and also something about a
2 commitment you have made? Can you solemnly commit
3 yourself to the requests of this Trial Chamber?
4 Mr Simic, please.
5 MR SIMIC: Thank you for giving me an
6 opportunity to say a few words. I would first like to
7 state that I am very happy that, with respect to the
8 OTP and the Defence, that everybody is aware of the
9 fact that the conditions for my staying in the
10 detention unit are not adequate. I would not like to
11 burden you with additional details about the conditions
12 that I daily have to fight against and I am just going
13 to point out that I only fear that I may suffer
14 decubitus, which is open wounds on my legs, which are
15 immovable. This is the worst thing that can affect a
16 paraplegic person. I have had no such problems before
17 I arrived in The Hague, and, unfortunately, a few days
18 ago, I did get an open wound a few days ago, which is
19 why I had to appear here in slippers today. This just
20 illustrates the inadequate conditions that I am faced
21 with in the detention unit. If needed, I can provide
22 many additional details about my health condition.
23 JUDGE JORDA: No, Mr Simic, we do not need
24 to have any details. This is a public hearing, so
25 there is no need to go into any details. Your counsel
Page 76
1 gave us enough information and so we are fully aware of
2 the physical condition you are in, and your situation
3 in the detention unit. We are aware of your
4 difficulties. I would like to insist on the guarantees
5 that you gave. The Prosecutor mentioned the
6 possibility of pressing additional charges against you
7 and amending the indictment. I would like to know how
8 are you going to be represented once the trial starts,
9 because this trial is going to take place.
10 Could you tell us something about your solemn
11 commitment that you will be represented and how do you
12 see this solemn commitment before the trial and your
13 being represented there?
14 MR SIMIC: I have been prepared for this
15 from the beginning. I am prepared to proceed to trial
16 and this is why I voluntarily surrendered here --
17 I want to be tried here as soon as possible. There is
18 absolutely no problem for me to appear before this
19 Trial Chamber whenever necessary.
20 I am hopeful that at least some basic things
21 may be resolved in the detention unit prior to my next
22 appearance there. I realise that these conditions
23 cannot be made perfect, but I would hope that certain
24 conditions may be improved so that my stay there may be
25 made easier.
Page 77
1 As far as my appearance here is concerned,
2 I 100 per cent assure the Tribunal that I will
3 reappear.
4 JUDGE JORDA: At this stage, I would like to
5 turn to the Registry and we know that, by experience,
6 the trials here can take some time.
7 Mr Registrar, today, when the trial date will
8 be set, do you think that conditions in the detention
9 unit can be changed so that the accused does not find
10 himself in exactly the same situation -- if this Trial
11 Chamber grants the provisional release for Mr Simic can
12 you tell us how the situation will look like when he
13 comes back for trial?
14 THE REGISTRAR: Your Honour, the Registry
15 has enough time to modify the detention cell and adapt
16 it to the needs of Mr Simic, but, nevertheless, we do
17 need some time that will allow us to appropriately
18 adapt the detention cell. We have to say that the
19 conditions of Mr Simic were unknown to us prior to his
20 arrival at The Hague. We have already made some
21 dispositions to adapt cells for his particular
22 situation.
23 JUDGE JORDA: As you already have the floor,
24 Mr Registrar, can you tell us about the bail bond of
25 $25,000; what is it?
Page 78
1 THE REGISTRAR: It is a letter of
2 assurance, which is a formal commitment made by the
3 representatives of the Republika Srbska -- this is not
4 a guarantee deposit in cash.
5 JUDGE JORDA: Thank you, Mr Registrar. This
6 is not a proper bail and it is not actually given by
7 the accused. In a traditional system where I come
8 from, once somebody is granted bail, this sum is an
9 important sum of money, which is provided by the
10 accused and, first of all, it is the accused who gave
11 away this sum of money and so he commits himself not to
12 lose this considerable sum of money. Could you tell
13 us, you were the one who negotiated this with the
14 authorities of Republika Srbska and I have here the
15 letter of the correspondence where we have the
16 signatures of the Prime Minister Mr Dodik and the
17 Minister of the Interior, Mr Stankovic.
18 We have some problems here with the
19 technology. We have something called bail -- what we
20 call "bail" in my country, the sum of money is very
21 important and is always given by the accused, as far as
22 I know. The accused has not disposed of $25,000.
23 Ms Paterson, could you tell us more about
24 it. What is your position?
25 MS PATERSON: It has been explained to me
Page 79
1 that the different judicial systems do have different
2 approaches to this issue. I approached the Registrar
3 prior to finalising these agreements and asked them to
4 look into the matter of what was appropriate, and what
5 was going to be satisfactory to the Registrar --
6 whether it should be a bank letter of credit, a bail
7 bond as we know it in the system that I am familiar
8 with, or whether in fact it should be a cash deposit.
9 As the court knows, Mr Simic has filed notice
10 with the court that he has declared himself indigent
11 and does not have enough money to pay for his
12 attorneys, so clearly he cannot personally pose
13 $US25,000 as bail. When this issue was discussed with
14 the Prosecutor, she felt that it was an additional
15 necessity for her to be satisfied that Mr Simic would
16 return and that we had sufficient assurances of a
17 return, that this bail bond be posted.
18 The reason we are using the terminology "bail
19 bond", is because that is the terminology that is used
20 in the Statute. In Rule 65(C) it states that the Trial
21 Chamber may impose such conditions upon the release of
22 the accused as it may determine appropriate, including
23 the execution of a bail bond and the observance of such
24 conditions as are necessary to ensure his presence for
25 trial, and the protection of others.
Page 80
1 During my discussions with Defence counsel,
2 I informed them that the issue concerning the posting
3 of the bail bond was entirely up to the Registrar and
4 to the Trial Chamber, that the decision was to be made
5 by the Trial Chamber, and that in addition to being
6 prepared to post the bail bond, that they should also
7 be prepared for the possibility of needing to supply a
8 cash deposit, because, if that is what was more
9 acceptable to the Trial Chamber, then obviously that is
10 your decision to make.
11 I believe that the Registrar determined that,
12 because the Statute states "bail bond", presumably such
13 a document should be acceptable to the court. So, this
14 is the reason why we have pursued the procedures that
15 we have. The reason that Mr Simic is not posting the
16 money is that he has declared himself indigent and the
17 Government of Republika Srbska, along with the
18 assurance of Mr Dodik and Mr Stankovic have also agreed
19 to post this money as a further guarantee that they
20 will stand behind their statement that Mr Simic will
21 return to the court. However, we leave it up to the
22 discretion of the Trial Chamber what form of posting
23 the Chamber finds most appropriate, be it a bail bond,
24 a bank letter of credit, or a cash deposit.
25 JUDGE JORDA: Thank you for your
Page 81
1 explanations. I will now consult my colleagues. Would
2 you like to ask any questions? Judge Rodrigues?
3 Does the Registry have any remarks to make,
4 because these are different points we address here for
5 the first time? Yes, Mr Registrar.
6 THE REGISTRAR: There is something I would
7 like to spell out, nevertheless. According to our
8 rules, the financial rules of the United Nations, we
9 are not allowed to cash such a sum -- no sum at all
10 really, not even on a temporary basis. As we have a
11 third party who is paying and its liquidity is not in
12 doubt, so we have come to the conclusion that the
13 practice current in a number of States is enough,
14 because there is personal appreciation. I think that
15 is due to the fact that the United Nations deemed that
16 the countries have always cooperated with the United
17 Nations Tribunal, so that is the reason for it. Do you
18 have anything to add before the end of our hearing,
19 please?
20 JUDGE JORDA: Are there any additional
21 remarks? Ms Paterson, maybe you have a final remark to
22 make?
23 MS PATERSON: I do not know what procedure
24 you were planning to follow, Mr President. I would
25 like to have just to go through the procedure of having
Page 82
1 the Defence file with the court the original of the
2 assurance and then I would like to have the conditions
3 that we have drafted signed here in court by Mr Simic
4 and I would ask that the two documents either be read
5 into the record, or that, similar to a type of a
6 plea --
7 JUDGE JORDA: First of all, the letter of
8 assurance -- it is the Defence who got it or the
9 Prosecutor -- who has this letter? Mr Vukovic, do you
10 have the letter of assurance? I have a translation of
11 it. I think we were given this by the translation
12 services. It is a letter of assurance by the
13 authorities of Republika Srbska.
14 MR VUKOVIC: The Defence is in the
15 possession of the original of this letter, which it
16 will now submit.
17 JUDGE JORDA: You can file it with the
18 Registrar. They will give it to the Trial Chamber.
19 When it comes to the conditions, could you,
20 Ms Paterson, say or remind us of the obligations that
21 Mr Simic undertakes to abide by?
22 Ms Paterson, could you remind us of those
23 conditions.
24 MS PATERSON: I will read the conditions to
25 the court. This document is entitled "Conditions for
Page 83
1 the Provisional Release of Milan Simic":
2 "Pursuant to Rule 65(C) of the Rules of
3 Procedure and Evidence (the Rules), Milan Simic
4 undertakes that, if provisionally released from custody
5 prior to trial, he will:
6 (1) waive his right to appear at all
7 pre-trial proceedings;
8 (2) return to The Hague and surrender himself
9 to the custody of the detention unit of the
10 International Criminal Tribunal for the Former
11 Yugoslavia (ICTY) to be present for any pre-trial
12 proceeding if ordered to attend by the Trial Chamber;
13 and
14 (3) return to The Hague and surrender himself
15 to the custody of the ICTY detention unit two weeks
16 prior to the beginning of the trial.
17 Furthermore, Milan Simic undertakes that, if
18 provisionally released from custody prior to trial, he
19 will observe all of the following conditions:
20 (1) return to and remain within the confines
21 of the municipality of Bosanski Samac;
22 (2) upon arrival in Bosanski Samac, surrender
23 his passport to the International Police Task Force
24 (IPTF) office responsible for the municipality of
25 Bosanski Samac who will then turn the passport over to
Page 84
1 the Office of the Prosecutor who will maintain control
2 of the passport until needed;
3 (3) meet once a day with the local Bosanski
4 Samac police, who will maintain a log and file a daily
5 written report confirming accused's presence at his
6 residence every day until his return to The Hague;
7 (4) not have contact in any manner whatsoever
8 with any of the co-accused, specifically Slobodan
9 Miljkovic, Blagoje Simic, Miroslav Tadic, Stevan
10 Todorovic or Simo Zaric;
11 (5) not have any contact whatsoever with any
12 Prosecution witnesses for his trial (the names of whom
13 will have been provided to his Defence counsel pursuant
14 to the Rules);
15 (6) will assume responsibility for all
16 expenses regarding transportation to Bosanski Samac and
17 back to The Hague by mode of transportation previously
18 agreed to by the Registrar of the ICTY.
19 Furthermore, Milan Simic undertakes that, if
20 provisionally released from custody prior to trial, he
21 will be obligated, in case of default on any of the
22 above conditions, for payment to the Registrar of the
23 ICTY of the amount of $US25,000 secured by a bail bond
24 posted with the Registry by representatives of the
25 entity known as Republika Srbska.
Page 85
1 Furthermore --"
2 JUDGE JORDA: You are speaking about
3 guarantee, these assurances -- okay, please go on.
4 MS PATERSON: "Furthermore, Milan Simic
5 understands that:
6 The IPTF officers responsible for the
7 municipality of Bosanski Samac will check the log and
8 written reports of the Bosanski Samac police on a
9 weekly basis, may personally visit the accused once a
10 week if they so choose, and have permission to make
11 additional unannounced visits to the accused's
12 residence to confirm his presence;
13 The IPTF office responsible for the
14 municipality of Bosanski Samac will review the records
15 and logs kept by the local police and will provide
16 relevant information to the OTP regarding the proper
17 maintenance of the records and logs.
18 Furthermore, Milan Simic understands that:
19 (1) should he require medical treatment
20 outside the confines of the municipality of Bosanski
21 Samac he will file a written request for permission to
22 leave the municipality with the Trial Chamber and said
23 request must be approved in writing prior to his
24 departure from the municipality;
25 (2) should he require emergency medical
Page 86
1 treatment of such urgency that a written request for
2 permission to leave the municipality cannot be
3 obtained, prior to his departure from the municipality
4 the Registrar of the ICTY and the IPTF office
5 responsible for the municipality of Bosanski Samac must
6 be notified by telephone of the reasons for his
7 departure and his destination;
8 (3) failure to comply with any of these
9 provisions will constitute an immediate violation of
10 this agreement and will give the OTP the right to
11 demand the immediate return of the accused to the ICTY
12 detention centre in The Hague;
13 (4) failure to comply with any of these
14 provisions will constitute an immediate violation of
15 this agreement and will give the OTP the right to
16 demand the immediate forfeiture of the bail bond in the
17 amount of $US25,000 posted with the Registry by
18 representatives of the entity known as Republika
19 Srbska; and
20 (5) should the accused or any of the relevant
21 authorities of the Republika Srbska fail to abide by
22 this agreement, such failure will be reported
23 immediately to the office of the High Representative
24 for Bosnia-Herzegovina. The Office of the High
25 Representative then may undertake whatever actions it
Page 87
1 deems appropriate in regard to the failure of the
2 representatives of Republika Srbska to abide by this
3 agreement and SFOR will then have full authority to
4 detain Milan Simic by whatever means necessary and
5 thereafter transfer him as soon as practicable to the
6 custody of the OTP of the ICTY for transfer back to The
7 Hague."
8 We ask this document be signed by both
9 Mr Simic and Mr Vukovic.
10 JUDGE JORDA: Yes, this document will be
11 signed. I suppose you would like it to be signed
12 straight away. We could maybe ask the Registry to pass
13 it on to Mr Simic and Mr Vukovic. I would nevertheless
14 like to ask the Registry to enquire about the actual
15 providing of this cash deposit or the bail bonds.
16 Do you have any additional remarks to make,
17 Mr Vukovic, which does not give us any indications of
18 the final decision, final ruling of the judges. It is
19 something that is only going to be taken into account
20 when the judges are going to rule on provisional
21 release of the accused.
22 Ms Paterson, do you have any additional
23 remarks to make?
24 MS PATERSON: Just, Mr President, if you
25 would also bear with me, I would like to read into the
Page 88
1 record the exact wording of the assurance that was
2 signed by Prime Minister Dodik and Mr Stankovic.
3 JUDGE JORDA: Yes, it is alright. This is a
4 public hearing. I think it is a good thing to do, but
5 once a document will be signed, I would like it to be
6 filed with the Registry. Ms Paterson, please go on.
7 MS PATERSON: Yes, Mr President. This
8 document is entitled, "Assurance of the Authorities of
9 Republika Srbska Regarding the Provisional Release of
10 Milan Simic":
11 "Milan Simic, son of Vojin, born 9 August
12 1966, residing at Jovana Cvijica 29, Bosanski Samac,
13 Bosnia-Herzegovina, within the entity known as
14 Republika Srbska, is currently charged with a grave
15 breach of the Geneva Conventions, pursuant to Article
16 2(c) of the Statute of the International Criminal
17 Tribunal for the Former Yugoslavia (the Statute), a
18 violation of the laws and customs of war, pursuant to
19 Article 3(1)(a) of the Statute, and a crime against
20 humanity, pursuant to Article 5(i) of the Statute. On
21 14 February 1998, Milan Simic voluntarily surrendered
22 himself to the Bosanski Samac police who then escorted
23 him to the nearest International Stabilisation Force
24 (SFOR) base where he was detained before being arrested
25 by the Office of the Prosecutor of the International
Page 89
1 Criminal Tribunal for the Former Yugoslavia (ICTY).
2 Since 15 February 1998, Milan Simic has been detained
3 pending trial at the United Nations detention centre in
4 The Hague, Netherlands.
5 Through his Defence counsel, Drago Vukovic,
6 Milan Simic has asked the Office of the Prosecutor
7 (OTP) to consider agreeing to his provisional release
8 pending trial pursuant to Rule 65 of the Rules of
9 Procedure and Evidence (the Rules).
10 Milan Simic contends that he qualifies for
11 the exceptional circumstances provision of Rule 65(B)
12 of the Rules due to his serious physical disabilities
13 which have resulted in his confinement to a wheelchair.
14 Pursuant to Rule 65(B) of the Rules, an
15 accused may only be provisionally released 'in
16 exceptional circumstances, after hearing the host
17 country and only if [the Trial Chamber] is satisfied
18 that the accused will appear for trial and, if
19 released, will not pose a danger to any victim, witness
20 or other person.' Furthermore, pursuant to Rule 65(C)
21 of the Rules 'the Trial Chamber may impose such
22 conditions upon the release of the accused as it may
23 determine appropriate.'
24 In response to a request for a provisional
25 release pursuant to Rule 65 of the Rules made by
Page 90
1 accused Milan Simic, the undersigned, as
2 representatives of the entity known as Republika Srbska
3 guarantee that should Milan Simic fail to comply with
4 any of the conditions of his provisional release
5 detailed on the attached document, the Ministry of
6 Interior and all other relevant authorities of the
7 Republika Srbska will execute and comply with any order
8 pursuant to this request for provisional release issued
9 by the Trial Chamber of ICTY and thereby ensure the
10 return of Milan Simic to the seat of the Tribunal in
11 The Hague for trial.
12 Furthermore, the undersigned authorities of
13 Republika Srbska agree to execute a bail bond in the
14 amount of $US25,000 payable to the Registrar of the
15 ICTY, as further assurance that the accused will return
16 to The Hague as required by the Tribunal in relation to
17 the charges detailed above. Said bail bond would
18 become due on the date authorities of Republika Srbska
19 fail to comply with this agreement.
20 Should the undersigned or any other relevant
21 authorities of the Republika Srbska fail to abide by
22 this agreement, such failure will be reported
23 immediately to the office of the High Representative
24 for Bosnia-Herzegovina. The Office of the High
25 Representative then may undertake whatever actions it
Page 91
1 deems appropriate in regard to the failure of the
2 representatives of Republika Srbska to abide by this
3 agreement and SFOR will then have full authority to
4 detain Milan Simic by whatever means necessary and
5 thereafter transfer him as soon as practicable to the
6 custody of the OTP of the ICTY for his return to The
7 Hague."
8 This document was signed by Milan Stankovic
9 and Milorad Dodik. Unfortunately I am not sure of the
10 exact date on which this document was signed.
11 JUDGE JORDA: Do we know the exact date?
12 Mr Vukovic, do you know the exact date when
13 this document was signed?
14 MR VUKOVIC: The document was signed on 20
15 March of this year.
16 JUDGE JORDA: We will add on to this
17 document, "done on 20 March 1998 by a statement of
18 Mr Vukovic, Defence counsel for Mr Simic."
19 Any additional remarks that need to be made?
20 The Chamber will rise. The ruling will be given during
21 this morning and the Registrar will deal with that.
22 (10.05)
23 (Hearing adjourned)
24
25