(Exclusively for the use of the media. Not an official document)
"Bosanski Samac" case: Provisional Release of Miroslav Tadic and
Simo Zaric on hold while Prosecutor seeks to Appeal.
On Wednesday 5 April 2000, the Prosecutor applied for leave to appeal against Trial Chamber III’s orders of Tuesday 4 April 2000 that Miroslav Tadic and Simo Zaric should be granted provisional release.
THE TRIAL CHAMBER’S DECISION
In coming to the decision to grant provisional release, the Trial Chamber considered that the "Accused voluntarily surrendered to the custody of the Tribunal… that the accused (have) provided, both on (their) own behalf and through the Government of the Republika Srpska, the guarantees required by the Trial Chamber; and further that the Government of the Republika Srpska is competent to issue such guarantees".
The Trial Chamber was also "satisfied that the Accused, if released, will appear for trial and further, that (they) will not pose a danger to victims, witnesses or other persons". The Trial Chamber also considered that "the Accused (have), to date, been held in detention, awaiting trial, for more than two years, and that there is no likelihood of an early date being fixed for the commencement of (their) trial".
THE PROSECUTOR’S APPLICATION FOR LEAVE
In her application, the Prosecutor states that "the Trial Chamber’s decision was in error given that pre-trial release of these accused: 1) is not justified based on the circumstances of these Accused because of the likelihood that they will not appear for trial and will pose a danger to victims, witnesses and other persons, 2) would cause irreparable prejudice to the Prosecution, and by extension, to the international community), and 3) would undermine this Tribunal’s long-standing and appropriate legal policy concerning pre-trial detention of Accused".
STAY OF THE PROVISIONAL RELEASE
Following the application by the Prosecutor for leave to appeal, "the Accused shall not be released until either:
(i) a bench of three Judges of the Appeals Chamber rejects the application for leave to appeal;
(ii) the Appeals Chamber dismisses the appeal; or
(iii) a bench of three Judges of the Appeals Chamber or the Appeals Chamber otherwise orders."
International Criminal Tribunal for the former Yugoslavia
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