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

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
30 July 1999



Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"




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, Mr. Želimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herjevic for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic


TRIAL CHAMBER II 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");

BEING SEIZED of motions by Defence counsel for the provisional release of

a) Zoran KUPRESKIC (oral motion submitted 23 July 1999),

b) Mirjan KUPRESKIC (oral motion submitted 23 July 1999),

c) Drago JOSIPOVIC (oral motion submitted 23 July 1999) and

d) Dragan PAPIC (motion filed 27 July 1999);

HAVING INFORMED the representative of the Kingdom of the Netherlands;

CONSIDERING the response of the Prosecution made orally in the hearing of 23 July 1999 as well as the letter of 27 January 1999 of Prosecutor Louise Arbour to the Foreign Minister of Bosnia and Herzegovina produced in court by the Prosecution;

NOTING the response of the Prosecution to the application of Dragan PAPIC for provisional release, filed on 29 July 1999, and the objections to the provisional release of this accused set out therein;

CONSIDERING that the four accused in question voluntarily surrendered to the International Tribunal on 10 October 1997;

NOTING that, in support of this motion, during the hearing of 23 July 1999 defence counsel for Zoran KUPRESKIC emphasised inter alia, the voluntary surrender of Zoran KUPRESKIC and Mirjan KUPRESKIC to the International Tribunal, the serious state of health of their mother, as well as their good conduct while in detention at the International Tribunal’s Detention Unit;

CONSIDERING that each of these grounds, by themselves, do not amount to the "exceptional circumstances" mentioned in Rule 65 (B);

CONSIDERING, however, by a majority of the Trial Chamber (Judge Richard May dissenting), that the combination of the aforementioned grounds and their cumulative effect might be regarded as constituting an exceptional circumstance warranting provisional release for at least a limited period of time;

NOTING THAT the Trial Chamber, in order to put in place the security requirements necessary to allow such provisional release, sent a list of undertakings to the relevant authorities of Bosnia and Herzegovina, requesting the said authorities to undertake to ensure, inter alia, that the accused, if they are granted provisional release, shall be held under their control and shall be immediately detained should they attempt to escape from the locality where they shall reside, or should they in any other way breach the terms and conditions of their provisional release set out in any Order for provisional release;

NOTING the refusal of the said authorities of Bosnia and Herzegovina to sign this document and accept these undertakings and the letter of 26 July 1999 from the Prime Minister of the Federation of Bosnia and Herzegovina, Mr BICAKCIC, in which he informed the International Tribunal that "on the basis of prior consultation with the Federal Ministry of the Interior, it will not be possible for the federal organs to guarantee the re-arrest and return of the indictees, should they attempt to go into hiding while in the territory of the Federation of Bosnia and Herzegovina";

CONSIDERING THAT in view of the refusal of the authorities to accept these undertakings, the Trial Chamber is unable to satisfy itself that adequate measures have been put in place in order to satisfy compelling requirements of security;

PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the International Tribunal;

DENIES the motion for the provisional release of Zoran KUPRESKIC and Mirjan KUPRESKIC;

DENIES for the same reasons the provisional release of Drago JOSIPOVIC and Dragan PAPIC on the grounds that, irrespective of whether "exceptional circumstances" in terms of Rule 65 (B) can be made out in relation to these accused, it may justifiably be inferred from the abovementioned response of the authorities of Bosnia and Herzegovina in relation to Zoran KUPRESKIC and Mirjan KUPRESKIC that adequate security measures would also not be forthcoming should another request be issued by the International Tribunal with respect to Drago JOSIPOVIC and Dragan PAPIC.


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

Judge Mumba

Dated this thirtieth day of July 1999
At The Hague
The Netherlands

[Seal of the Tribunal]