IN THE TRIAL CHAMBER

Before:
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
19 December 1997

PROSECUTOR

v.

ZORAN KUPRESKIC,
MIRJAN KUPRESKIC,
VLATKO KUPRESKIC,
VLADIMIR SANTIC
 also known as "VLADO",
 STIPO ALILOVIC
also known as "BRKO",
DRAGO JOSIPOVIC,
MARINKO KATAVA,
DRAGAN PAPIC
___________________________________________________________

DECISION ON MOTION BY THE PROSECUTOR FOR WITHDRAWAL OF
INDICTMENT AGAINST MARINKO KATAVA
___________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran and Mirjan Kupreskic,
Mr. Petar Pavkovic and Mr. Anto Nobilo, for Marinko Katava,
Mr. Petar Pavkovic, for Vladimir Santic,
Mr. Luka Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic

THE TRIAL CHAMBER

NOTING that Marinko Katava was indicted by the International Criminal Tribunal for the former Yugoslavia ("International Tribunal") on 10 November 1995, the Indictment being confirmed by Judge McDonald on the same date;

NOTING that Marinko Katava has been in the custody of the International Tribunal since his voluntary surrender on 6 October 1997 and that he sought provisional release, on 27 November 1997, by joining the Motion for Provisional Release filed by several of his co-accused in this matter on 14 November 1997;

NOTING that on 1 December 1997, the Office of the Prosecutor ("Prosecution") filed its Response objecting to the request of Marinko Katava and the other applicants for provisional release on a number of grounds;

NOTING that this Trial Chamber was persuaded by the arguments raised by the Prosecution and issued a Decision denying the request for provisional release on 15 December 1997;

NOTING FURTHER the Motion of the Prosecutor on 18 December 1997 ("Motion") under Rule 51 of the Rules of Procedure and Evidence requesting leave to withdraw the Indictment issued against Marinko Katava on the grounds that there is insufficient basis to justify proceeding with his prosecution on any of the counts with which he is charged within the indictment;

NOTING ALSO the letter submitted by Defence Counsel for Marinko Katava on 19 December 1997 stating that he supports the Motion;

CONSIDERING the submissions made at the public hearing on 19 December 1997 which was held in view of the urgency and seriousness of the situation;

THE TRIAL CHAMBER

(a) expects that in the future, the Prosecution will act expetiditiously on matters of such fundamental importance as the liberty of the accused; and

(b) considers it to be in the interests of justice to restore Marinko Katava’s right to liberty without delay;

FOR THE FOREGOING REASONS,

Under Rule 51 of the Rules of Procedure and Evidence, the Trial Chamber:

GRANTS leave for the Indictment against Marinko Katava to be withdrawn;

ORDERS the immediate release of Marinko Katava from the United Nations Detention Unit, subject to the practical arrangements with the Host Country; and

INSTRUCTS the Registrar to take all the necessary measures to render this Order enforceable immediately.

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

 

_________________________
Antonio Cassese
Presiding Judge

 

Dated this nineteenth day of December 1997
At The Hague
The Netherlands

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