Case: IT-98-33-A

PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
11 November
2004

PROSECUTOR

v.

Radislav KRSTIC

__________________________________

ORDER DESIGNATING THE STATE IN WHICH RADISLAV KRSTIC IS TO SERVE HIS PRISON SENTENCE

__________________________________

The Office of the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Nenad Petrusic
Mr. N. Sepenuk

 

I, THEODOR MERON, President 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 ("Tribunal"),

NOTING the sentencing judgement pronounced by the Appeals Chamber on 19 April 2004 in the case IT-98-33-A, The Prosecutor v. Radislav Krstic, in which Radislav Krstic, born 15 February 1948, was sentenced to thirty-five (35) years imprisonment;

PURSUANT to Article 27 of the Statute of the Tribunal, Sub-Rule 103(A) of the Rules of Procedure and Evidence ("the Rules") and paragraphs 4 to 6 of the Practice Direction on the Procedure for the Tribunalís Designation of the State in which a Convicted Person is to Serve His/Her Sentence of Imprisonment ("the Practice Direction");

CONSIDERING the confidential internal memorandum of 8 November 2004, submitted to me by the Deputy Registrar within the terms of paragraph 3 of the Practice Direction and listing the States in which Radislav Krstic may serve his sentence;

CONSIDERING the Enforcement Agreement between the United Nations and the United Kingdom of Great Britain and Northern Ireland, signed 11 April 2004, concerning the enforcement of sentences passed by the Tribunal;

CONSIDERING that the Government of the United Kingdom has indicated to the Registry its willingness to enforce Radislav Krsticís sentence;

HAVING CONSIDERED all of the factors enumerated in the Practice Direction, including particularly the place of residence of Radislav Krsticís family;

HAVING CONSULTED the Sentencing Chamber, consistent with paragraph 4 of the Practice Direction;

FOR THE FOREGOING REASONS,

DECIDE that Radislav Krstic shall serve his sentence in the United Kingdom;

INVITE the Registrar officially to request the authorities of the United Kingdom to enforce the sentence of Radislav Krstic and, should the Government of the United Kingdom accede to the request, so inform me and take all necessary measures to facilitate Radislav Krsticís transfer to the United Kingdom;

ORDER, pursuant to Sub-Rule 103(C) of the Rules, that Radislav Krstic remain in the Tribunalís custody while awaiting his transfer to the United Kingdom.

 

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

Dated this 11th day of November 2004,
At The Hague,
The Netherlands.

___________________________
Theodor Meron
President

[Seal of the Tribunal]