Case No.: IT-95-8/1-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
10 April 2002

PROSECUTOR

v.

NENAD BANOVIC
PREDRAG BANOVIC
DUSAN FUSTAR
DUSKO KNEZEVIC

_______________________________________

DECISION ON MOTION BY THE PROSECUTOR FOR WITHDRAWAL OF INDICTMENT AGAINST NENAD BANOVIC

_______________________________________

Office of the Prosecutor:

Ms. Jocelyne Bodson
Ms. Camille Bibles
Mr. Mark Vlasic

Counsel for the Accused:

Mr. Veselin Londrovic, for Nenad Banovic
Mr. Jovan Babic, for Predrag Banovic
Mr. Ted Scudder, for Dusan Fustar

 

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 a "Prosecution Motion to Withdraw Indictment against Nenad Banovic" filed by the Office of the Prosecutor ("Prosecution") on 27 March 2002 ("the Motion") on the ground that "there is insufficient evidence to proceed to trial against the accused, Nenad Banovic, on the significant charges of the Indictment",

NOTING the "Defence Motion to Support Prosecution Motion to Withdraw Indictment against Nenad Banovic" filed on behalf of Nenad Banovic on 4 April 2002,

NOTING that Nenad Banovic was indicted by the International Criminal Tribunal for the former Yugoslavia ("International Tribunal") on 19 July 1995, the Indictment being confirmed by Judge Vohrah on 21 July 1995,

NOTING that Nenad Banovic has been in the custody of the International Tribunal since 9 November 2001,

HAVING HEARD the submissions of the parties at a public hearing on Wednesday 10 April 2002,

CONSIDERING it to be in the interests of justice to restore Nenad Banovicís right to liberty without delay,

FOR THE FOREGOING REASONS,

PURSUANT TO Rule 51 of the Rules of Procedure and Evidence of the International Tribunal

GRANTS the Motion to withdraw the Indictment against Nenad Banovic;

ORDERS the immediate release of Nenad Banovic from the United Nations Detention Unit, subject to the practical arrangements being made with the Host Country; and

INSTRUCTS the Registrar to take all the necessary measures to render this Order enforceable immediately.

 

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

_________________
Richard May
Presiding

 

Dated this tenth day of April 2002
At The Hague
The Netherlands

[Seal of the Tribunal]