Case No.: IT-01-47-T
BEFORE THE DUTY JUDGE
Before:
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
12 March 2004
THE PROSECUTOR
v.
ENVER HADZIHASANOVIC
AMIR KUBURA
___________________________________________________________
DECISION PURSUANT TO RULE 65 GRANTING AMIR KUBURA AUTHORIZATION TO ATTEND HIS MOTHER’S FUNERAL
___________________________________________________________
Counsel for the Prosecutor:
Mr. Ekkehard Withopf
Mr. David Re
Mr. Daryl Mundis
Mr. Chester Stamp
Counsel for the Defence:
Mr. Fahrudin Ibrisimovic and Mr. Rodney Dixon
Embassy of Bosnia and Herzegovina
I, O-Gon Kwon, Judge 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 ("the Tribunal"),
BEING SEIZED of a Defence Motion for Provisional Release of Amir Kubura to Attend Funeral ("Motion"), filed on 12 March 2004 by Counsel for Amir Kubura;
NOTING that the Motion requests that Amir Kubura (the "Accused") be allowed to attend the funeral of his mother, Mrs. Bedrija Kubura, which is scheduled to take place in Kakanj on 14 March 2004, Sunday, and that the Motion stipulates that if it is to be granted the Accused would leave The Hague on 13 March 2004 and would return to The Hague not later than 15 March 2004;
CONSIDERING that the Motion is to be granted on compassionate grounds, subject to certain conditions and guarantees;
CONSIDERING that the Accused waives his right to be tried in his presence for the time while he would be provisionally released, and gives his consent to be represented by his Counsel in such proceedings;
CONSIDERING the guarantees provided by the Government of Bosnia and Herzegovina (hereinafter "BiH") on 12 March 2004 that it will secure that the Accused will return to the United Nations Detention Unit on 15 March 2004, and that an official of the Federation of Bosnia and Herzegovina will be accompanying the Accused at all time until his return to The Hague;
CONSIDERING that the Office of the Prosecutor ("Prosecution") has been consulted, and agrees that the Motion be granted on the conditions hereunder;
HAVING CONSULTED Judge Jean-Claude Antonetti, the Judge presiding over the trial of the Accused, who is in agreement with what follows in this Order;
CONSIDERING the restrictions, as applicable, in the "Decision Granting Provisional Release to Amir Kubura" of 19 December 2001;
PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the Tribunal ("Rules")
HEREBY GRANT the Motion AND ORDER the provisional release of Amir Kubura on the following terms and conditions:
INSTRUCT the Registrar of the Tribunal to consult with the Ministry of Justice of the Netherlands and the authorities of BiH as to the practical arrangements for the release of the Accused,
REQUEST the authorities of all States through which the Accused will travel:
Done in English and French, the English text being authoritative.
_________
O-Gon Kwon
Duty Judge
Done this twelfth day of March 2004
At The Hague,
The Netherlands.
[Seal of the Tribunal]