Case No.: IT-05-87-PT


Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Mr. Hans Holthuis

Order of:
19 July 2005







The Office of the Prosecutor

Mr. Thomas Hannis
Ms. Christina Moeller
Ms. Carolyn Edgerton

Counsel for the Accused

Mr. Eugine O’Sullivan and Mr. Slobodan Zecevic for Milan Milutinovic
Mr. Tomislav Visnjic and Mr. Peter Robinson for Dragoljub Ojdanic
Mr. Toma Fila and Mr. Vladimir Petrovic for Nikola Sainovic
Mr. John Ackerman and Mr. Aleksander Aleksic for Mr. Nebojsa Pavkovic
Mr. Mihaljo Bakrac for Mr. Vladimir Lazarevic
Mr. Theodore Scudder for Mr. Sreten Lukic


THIS TRIAL 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 ("the International Tribunal"),

BEING SEISED of a confidential “Defendant, Sreten Lukic’s Emergency Motion Seeking Provisional Release” filed by the accused Streten Lukic (“the Accused”) on 20 May 2005 ("Emergency Motion for Provisional Release" or "Motion"), seeking "his provisional release, and return to Belgrade for treatment, for the time period up to and including the commencement of trial",

CONSIDERING that Rule 65(B) ("Provisional Release") of the Rules of Procedure and Evidence of the International Tribunal ("Rules") requires an applicant for provisional release to satisfy the Trial Chamber of two matters: (1) that he will appear for trial, and (2) that, if released, he will not pose a danger to any victim, witness or other person,1

NOTING that the confidential "Prosecution’s Response to ‘Defendant, Sreten Lukic’s Emergency Motion Seeking Provisional Release’ with Annexes A and B" filed by the Office of the Prosecutor ("Prosecution") 1 June 2005, in which the Prosecution opposes the Motion ("Response") inter alia on the basis that there is no evidence that the Accused cannot receive adequate treatment while in detention at the United Nations Detention Unit,2

CONSIDERING that provisional release may be ordered on medical grounds where it is shown that the medical needs of the Applicant are such that no adequate treatment is available at the United Nations Detention Unit,3

NOTING the argument by the Accused that provisional release should be ordered because physicians in Belgrade have opined that "there are no adequate facilities/capabilities at the Detention Unit to properly treat him so as to avoid the risk of death"4 and, in their professional opinion, "the type of care required [by the Accused] was incompatible with the regime of detention",5

NOTING the confidential "Order to the Registrar to Obtain Medical Report on the Condition of the Accused" issued on 25 May 2005 in which the Trial Chamber ordered the Registrar to obtain a medical report from the treating cardiologist indicating (1) the current condition of the accused, (2) the recommended care and treatment for the accused; and (3) whether, in the opinion of the cardiologist, such care and treatment can be properly and adequately provided while the accused remains in detention in the United Nations Detention Unit,

NOTING the partly confidential ex parte "Medical Report filed by the Registrar pursuant to the Trial Chamber’s Order of 25 May 2005" filed on 1 June 2005, in which the treating cardiologist inter alia expresses the view that "the patient can receive a good treatment during his stay in the UN Detention Unit", and that "all cardiological examination and treatment options are available",

CONSIDERING that the Trial Chamber is satisfied that provisional release is not warranted on medical grounds in this case, the Accused can receive adequate treatment while in detention at the United Nations Detention Unit, and this is not an emergency application,

NOTING FURTHER the submissions by Accused that the circumstances of his surrender support his application because he never attempted to flee or evade the authorities following the service of the indictment against him in September 2004, and his surrender on 4 April 2005 was delayed due to his medical condition and the need for surgical intervention,6

NOTING that the Indictment in this case was confirmed and released to the public in October 2003,

CONSIDERING that, in determining this application, the Trial Chamber may be assisted by further particulars and evidence from the Accused regarding the circumstances of his surrender, including any evidence to support his contention that he could not surrender prior to April 2005 due to his medical condition,

PURSUANT TO Rules 54 and 65 of the Rules,

HEREBY STAYS a decision on the Motion until further information is provided, and ORDERS that the Accused may file further submissions on the circumstances of his surrender no later than Monday, 15 August 2005.


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

Judge Patrick Robinson

Dated this nineteenth day of July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]

1. Prosecutor v. Milutinovic, "Decision on Second Application for Provisional Release", Case No. IT-99-37-PT, 14 April 2005, para. 4; Prosecutor v. Ojdanic, "Decision on General Ojdanic’s Fourth Application for Provisional Release", Case No. IT-99-37-PT, 14 April 2005, para. 6; Prosecutor v. Sainovic, "Decision on Third Defence Request for Provisional Release", Case No. IT-99-37-PT, 14 April 2005, para. 5.
2. Response, paras 12-21.
3. Prosecutor v. Stanisic, Case No. IT-03-69-PT, "Decision on Provisional Release", 28 July 2004, at paras 37, 39; Prosecutor v. Milutinovic, "Decision on Provisional Release", Case No. IT-99-37, p. 7 citing Prosecutor v. Mrksic, “Decision on Mile Mrksic’s Application for Provisional Release”, Case No. IT-95-13/1-PT, 24 July 2002, para. 39.
4.Motion, paras 25-26.
5. Ibid, para. 26.
6. Motion, paras 40, 42.