Before: Judge Lal Chand Vohrah, Duty Judge

Registrar: Mr. Hans Holthuis

Order of: 6 August 2001

PROSECUTOR

v.

MOMCILO KRAJISNIK
&
BILJANA PLAVSIC

_______________________________________________________

MOTION BEFORE THE DUTY JUDGE FOR PROVISIONAL RELEASE

_______________________________________________________

Counsel for the Prosecutor:

Mr. Mark Harmon

Counsel for the Accused:

Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert J. Pavich, for Biljana Plavsic

 

I, LAL CHAND VOHRAH, 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 International Tribunal"),

HAVING BEEN DESIGNATED as duty Judge by the President of the International Tribunal pursuant to Rule 28 of the Rules of Procedure and Evidence ("the Rules") for the period 3 to 10 August 2001;

NOTING (i) the "Motion for Provisional Release to Allow the Accused Krajisnik to Attend Fatherís Funeral" ("the Motion") and (ii) the "Addendum to the Motion for Provisional Release to Allow the Accused Krajisnik to Attend Fatherís Funeral", both sent to the Registry of the International Tribunal by facsimile on 4 August 2001 by counsel for Krajisnik ("the Applicant") and filed by the Registry on 6 August 2001;

NOTING that the Applicantís case was previously assigned to Trial Chamber III of the International Tribunal;

NOTING that, while the Motion was filed before Trial Chamber III and the Judges of Trial Chamber III were not available to deliberate upon it because the International Tribunal is in court recess, the Motion was presented by the Registry to the duty Judge for consideration;

NOTING that the Motion seeks "on an emergency basis" the provisional release of the Applicant to attend the funeral of his father provisionally scheduled for 7 August 2001 at Pale, Republika Srpska, Bosnia-Herzegovina;

CONSIDERING Rule 28(D) of the Rules which provides that "[t]he duty Judge, may, in his or her discretion, if satisfied as to the urgency of the matter, deal with an application in a case already assigned to a Chamber out of normal Registry hours as an emergency application";

CONSIDERING that it is for the Applicant to satisfy the duty Judge as to the urgency of the matter so as to constitute an emergency application;

FINDING in this case the Applicant has failed to do so;

HEREBY DENY the Motion.

 

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

___________________________
Judge Lal Chand Vohrah
Duty Judge

Dated this 6th day of August 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]