Case No.: IT-98-30/1-A
IN THE APPEALS CHAMBER
Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Fausto Pocar
Judge Mehmet Güney
Judge Wolfgang Schomburg
Judge Inés Mónica Weinberg De Roca
Registrar:
Mr. Hans Holthuis
Decision of:
17 December 2003
PROSECUTOR
v.
MIROSLAV KVOCKA
MLADJO RADIC
ZORAN ZIGIC
DRAGOLJUB PRCAC
__________________________________________________________
DECISION ON THE REQUEST FOR PROVISIONAL RELEASE OF MIROSLAV KVOCKA
___________________________________________________________
Counsel for the Prosecutor:
Mr Norman Farrell
Counsel for the Appellants
Mr K. Simic for M. Kvocka
Mr T. Fila for M. Radic
Mr S. Stojanovic for Z. Zigic
Mr J. Simic for D. Prcac
THE APPEALS CHAMBER 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"),
NOTING that Miroslav Kvocka was convicted by Trial Chamber I on 2 November 2001 and sentenced to seven years’ imprisonment, in respect of which he is currently in detention;
NOTING that Miroslav Kvocka filed a Notice of Appeal before the Appeals Chamber on 13 November 2001 and that the appeal is pending;
NOTING the "Decision on request for separation of Miroslav Kvocka’s appeal procedure and Miroslav Kvocka’s request for provisional release pending hearing of the appeal" rendered on 24 November 2003, which dismissed the request for separation of Miroslav Kvocka’s appeal procedure but gave 20 days from the date of the decision for Miroslav Kvocka to address, by motion, the conditions spelled out in Rule 65(I) of the Rules of Procedure and Evidence ("Rules");
BEING SEISED of the "Appellants Amendment to Request for Provisional Release according to ‘Decision on request for separation of Miroslav Kvockas request for provisional release pending hearing of the appeal’ " ("Request" and "Appellant" respectively) filed on 8 December 2003, in which the Appellant requests that he be provisionally released inter alia for the following reasons:
NOTING the "Guarantee of the Government of Republika Srpska" filed on 9 December 2003 by which the Government of Republika Srpska undertakes to comply with the orders of the Appeals Chamber and provides a number of guarantees relating to the provisional release of the Appellant;
NOTING the "Prosecution Response to the ‘Appellant’s Amendment to Request for Provisional Release according to ‘Decision on Request for Separation of Miroslav Kvocka’s Request for Provisional Release pending hearing of the Appeal’ " filed on 10 December 2003, in which the Prosecution does not oppose the grant of the Appellant’s provisional release subject to the imposition of certain conditions;
NOTING the "Reply on the Prosecutor’s Answer" filed by the Appellant on 11 December 2003;
NOTING that Rule 65(I) of the Rules requires that the Appeals Chamber be satisfied that the Appellant, if released:
(i) "will either appear at the hearing of the appeal or will surrender into detention at the conclusion of the fixed period, as the case may be",
(ii) "will not pose a danger to any victim, witness or other person", and
(iii) "special circumstances exist warranting such release";
CONSIDERING that the conditions spelled out in Rule 65(I) i) and ii) have been met and that the fact that the Appellant has already served around 80% of the sentence imposed by the Trial Chamber amounts to a special circumstance warranting his release;
HEREBY GRANTS the Request and ORDERS that the Appellant be provisionally released pending the hearing of his appeal under the following terms and conditions:
REQUIRES the Government of Republika Srpska to assume responsibility for:
INSTRUCTS the Registrar of the Tribunal to consult with the Dutch authorities and the authorities of BiH and Republika Srpska as to the practical arrangements for the provisional release of Miroslav Kvocka.
Done in English and French, the English text being authoritative.
_________________
Mohamed Shahabuddeen
Presiding Judge
Dated this 17th December 2003,
At The Hague,
The Netherlands.
[Seal of the Tribunal]