Case No. IT-97-25-I

Before: Judge Wolfgang Schomburg

Registrar: Mr. Hans Holthuis

Order of: 6 September 2002

THE PROSECUTOR
v.
MITAR RASEVIC

________________________

WARRANT OF ARREST

ORDER FOR SURRENDER

________________________

To: the Prosecutor of the International Tribunal

I, Judge Wolfgang Schomburg 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");

HAVING BEEN DESIGNATED as duty Judge by the President of the International Tribunal pursuant to Rule 28 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") for the period of 30 August to 6 September 2002;

PURSUANT TO United Nations Security Council Resolution 827 of 25 May 1993, and Articles 19(2) and 29 of the Statute of the International Tribunal ("the Statute") and Rules 54 to 61 of the Rules;

BEING SEISED of an application filed by the Office of the Prosecutor ("the Prosecutor") on 3 September 2002 requesting a warrant for arrest and order for surrender of the accused MITAR RASEVIC;

BEING SEISED also of an application filed by the Prosecutor on 3 September 2002 requesting that her previous motion of 30 August 2002 for a warrant of arrest and order for surrender of the said accused, and for orders regarding their transmission, be withdrawn;

NOTING the Indictment submitted by the Prosecutor against the accused MITAR RASEVIC, confirmed by Judge Lal Chand Vohrah, a Judge of the International Tribunal on 17 June 1997, a copy of which is annexed to this warrant of arrest;

HEREBY DIRECT and authorise the Prosecutor or her representatives to search for, arrest, and surrender to the International Tribunal:

MITAR RASEVIC, son of Djordje, born on 1 January 1940, in the village of Cagust, municipality of Foca; a teacher of sociology who resides in Foca. Before and during the war, until at least October 1994, MITAR RASEVIC was the commander of the KP Dom guards;

Alleged to have committed between April 1992 and October 1994 in the territory of the Republic of Bosnia and Herzegovina the following crimes: Grave Breaches of the Geneva Conventions of 1949, Violations of the Laws or Customs of War and Crimes against Humanity punishable under Articles 2, 3 and 5 of the Statute.

And to advise the said MITAR RASEVIC at the time of the arrest, in a language he understands, of his rights as set forth in Article 21 of the Statute and, mutatis mutandis, in Rules 42 and 43 which are annexed hereto, of his right to remain silent, and to caution him that any statement he makes shall be recorded and may be used against him in evidence. The Indictment and review of the Indictment (and all other documents annexed to the present warrant of arrest) must also be brought to the attention of the accused. A copy of the Indictment, in a language which he understands, must be given to the accused.

ORDER the Prosecutor or her representatives, upon the arrest of MITAR RASEVIC, to promptly notify the Registrar of the International Tribunal so that he may be transferred to the International Tribunal;

DIRECT the Registrar of the International Tribunal to ensure that MITAR RASEVIC is brought promptly and without delay before a Trial Chamber or permanent Judge pursuant to Rule 62;

DIRECT the Prosecutor or her representatives to report forthwith to the Registrar of the International Tribunal if they are unable to execute this warrant of arrest and to indicate the reasons for such non-execution;

DECLARE that the Prosecutorís motion of 30 August 2002 for a warrant of arrest and order for surrender of the said accused, and for orders regarding their transmission, is withdrawn, as well as any warrant or order subsequently granted thereupon.

 

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

Dated this 6th day of September 2002
At The Hague
The Netherlands

______________________
Judge Wolfgang Schomburg

[Seal of the Tribunal]


Case No. IT-97-25-I

Before: Judge Wolfgang Schomburg

Registrar: Mr. Hans Holthuis

Order of: 6 September 2002

THE PROSECUTOR
v.
MITAR RASEVIC

________________________

ORDER FOR TRANSMISSION OF WARRANT OF ARREST AND ORDER FOR SURRENDER

________________________

To: the Registrar of the International Tribunal

I, Judge Wolfgang Schomburg 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");

HAVING BEEN DESIGNATED as duty Judge by the President of the International Tribunal pursuant to Rule 28 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") for the period of 30 August to 6 September 2002;

BEING SEISED of an application filed by the Office of the Prosecutor ("the Prosecutor") on 3 September 2002 requesting a warrant of arrest and order for surrender of the accused MITAR RASEVIC;

CONSIDERING the Indictment submitted by the Prosecutor against the accused MITAR RASEVIC, confirmed by Judge Lal Chand Vohrah, a Judge of the International Tribunal on 17 June 1997;

CONSIDERING the warrant of arrest and order for surrender of this accused signed and issued by me on 6 September 2002, directing the Prosecutor or her representatives to search for, arrest and surrender the accused MITAR RASEVIC to the International Tribunal;

PURSUANT TO Rules 28, 53bis, 54, 55 and 59bis of the Rules;

ORDER that copies of the warrant of arrest and order for surrender shall be transmitted to the Prosecutor, who may transmit it to the International Stabilisation Force ("SFOR") and/or to the competent authorities of any Member State of the United Nations and Switzerland.

 

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

______________________
Judge Wolfgang Schomburg

Dated this 6th day of September 2002
At The Hague
The Netherlands

[Seal of the Tribunal]