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filed earlier on the same 29 January 2004, requesting that Mrksic be allowed to visit his terminally ill mother is superseded and therefore moot;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:
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:
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]