IN THE TRIAL CHAMBER
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Mrs. Dorothee de Sampayo Garrido-Nijgh
20 December 1999
Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"
DECISION ON THE MOTION FOR PROVISIONAL RELEASE BY THE ACCUSED
Zoran KUPRESKIC and Mirjan KUPRESKIC OF 15 DECEMBER 1999
The Office of the Prosecutor:
Mr. Franck Terrier
Mr. Michael Blaxill
Counsel for the Accused:
Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic
1. TRIAL CHAMBER II of the International Criminal Tribunal for the Former Yugoslavia has been seised of the motion for provisional release by the accused Mirjan and Zoran Kupreskic of 15 December 1999 (the "Motion").
2. In this Motion the accused argue
3. The Trial Chamber has taken these issues into account, as well as the fact that according to the latest revision of the Rule 65 of the Rules of Procedure and Evidence, the accused need no longer show exceptional circumstances. However, the Trial Chamber is not satisfied that the accused would not try to interfere with the witnesses and victims, and that they would appear for the delivery of the judgement. Notwithstanding the above-mentioned assurances, the Trial Chamber deems the danger of the accused absconding now, shortly before the judgement, too high to allow their provisional release.
The Motion is therefore
Done in English and French, the English text being authoritative.
Dated this twentieth day of December 1999
At The Hague
[Seal of the Tribunal]