Case No. IT-95-13/1-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding Judge
Judge Jean Claude Antonetti
Judge Kevin Parker

Registrar:
Mr. Hans Holthuis

Decision of:
30 January 2004

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN

_________________________________________

DECISION PURSUANT TO RULE 65 GRANTING MRKSIC’S REQUEST TO ATTEND HIS MOTHER’S FUNERAL

_________________________________________

The Office of the Prosecutor:

Mr. Jan Wubben
Mr. Mark J. McKeon

Counsel for the Accused Mile Mrksic:

Mr. Miroslav Vasic

Counsel for the Accused Miroslav Radic:

Mr. Borivoje Borovic
Ms. Mira Tapuskovic

Counsel for the Accused Veselin Sljivancanin:

Mr. Novak Lukic
Mr. Momcilo Bulatovic

 

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED of the "Defence Request for Provisional Release for the Purpose of Attending Mother’s Funeral in Lieu of Previously Filed Defence Request for Provisional Release for the Purpose of Visiting Ill Mother" ("Motion"), filed on 29 January 2004 by Counsel for the Accused Mile Mrksic (“Mrksic”);

NOTING that the Motion requests that Mrksic be allowed to travel to Belgrade to attend the funeral of his mother, Mrs Evica Mrksic, which is scheduled to take place on 31 January 2004, for such length of time as the Trial Chamber deems fit;

NOTING that the "Defence Request for Provisional Release", filed earlier on the same 29 January 2004, requesting that Mrksic be allowed to visit his terminally ill mother is superseded and therefore moot;

CONSIDERING that the Motion is to be granted on compassionate grounds, subject to certain conditions and guarantees;

CONSIDERING that the Office of the Prosecutor ("Prosecution") has been consulted, and agrees that the Motion be granted based on the conditions hereunder;

CONSIDERING the guarantees provided by the Government of Serbia and Montenegro on 30 January 2004, including the guarantee that an official of the Government of Serbia and Montenegro will travel with Mrksic and shall escort him at all times, until his return to The Hague;

CONSIDERING the guarantees provided by the Government of Serbia and Montenegro, that Mrksic shall return to The Hague by no later than the date specified in this Decision, and not abscond;

PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the Tribunal ("Rules")

HEREBY GRANTS the Motion, and ORDERS the provisional release of Mrksic on the following terms and conditions:

  1. Mrksic shall travel from The Hague to Belgrade on 31 January 2004 and return from Belgrade to The Hague by no later than 2 February 2004;

  2. Mrksic shall be transported to Schiphol Airport in the Netherlands by the Dutch authorities;

  3. At Schiphol Airport, Mrksic shall be delivered into the custody of the designated official of the Government of Serbia and Montengro (whose name shall be provided in advance) and who shall accompany Mrksic for the remainder of travel to Belgrade and throughout the course of his stay in Belgrade;

  4. During the period of his provisional release, Mrksic shall abide by the following conditions, and the authorities of Serbia and Montenegro shall ensure compliance with such conditions:
    1. Not to have any contact whatsoever nor in any way interfere with victims or potential witnesses or otherwise interfere in any way with the proceedings or the administration of justice;
    2. Not to discuss his case with anyone, other than Counsel, including not to have any contact with the media;

    3. Not to seek access to documents and archives;

    4. To comply strictly with any requirements of the authorities of Serbia and Montenegro necessary to enable them to comply with their obligations under this Decision and their guarantees;

    5. To return to The Hague no later than 2 February 2004;
    6. To comply strictly with any order of the Trial Chamber varying the terms of, or terminating, his provisional release;

  5. On his return flight, Mrksic shall be accompanied by such designated official of the Government of Serbia and Montenegro, who shall deliver Mrksic into the custody of the Dutch authorities at Schiphol Airport at a pre-determined date and time, no later than 2 February 2004, and the Dutch authorities shall then transport Mrksic back to the United Nations Detention Unit;
  6. Transport expenses of Mrksic from Schiphol Airport to Belgrade and back shall be borne by Mrksic or by the Government of Serbia and Montenegro;
  7. The Government of Serbia and Montenegro shall assume responsibility for the personal security and safety of Mrksic while on provisional release;

INSTRUCTS the Registrar of the Tribunal to consult with the Ministry of Justice of the Netherlands and the authorities of Serbia and Montenegro as to the practical arrangements for the provisional release of Mrksic;

REQUESTS the authorities of all States through which Mrksic will travel:

  1. to hold Mrksic in custody for any time he spends in transit;
  2. to detain and arrest Mrksic pending his return to the United Nations Detention Unit, should he attempt to escape.

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

Dated this 30th day of January 2004,
At The Hague
The Netherlands

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Carmel Agius
Pre-Trial Judge

[Seal of the Tribunal]