IN THE APPEALS CHAMBER
Judge Rafael Nieto-Navia (Presiding)
Judge Wang Tieya
Judge Almiro Simoes Rodrigues
Judge David Anthony Hunt
Judge Mohamed Bennouna
Dorothee de Sampayo Garrido-Nijgh
19 February 1999
ZDRAVKO MUCIC a/k/a "PAVO"
ESAD LANDZO a/k/a "ZENGA"
ORDER OF THE APPEALS CHAMBER ON THE MOTION OF THE APPELLANT FOR A PROVISIONAL AND TEMPORARY RELEASE
Office of the Prosecutor:
Mr. Yapa Upawansa
Counsel for the Accused:
Mr. John Ackerman, for Zejnil Delalic
Mrs. Nihada Butorovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia Sinatra, for Esad Landzo
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 ("Appeals Chamber" and "International Tribunal"),
NOTING that the convicted Zdravko Mucic ("Appellant") filed a Notice of Appeal before the Appeals Chamber on 27 November 1998;
NOTING a "Motion of the Appellant for a Provisional and Temporary Release" (Official Record at Registry Page A183-A185) ("Motion") filed by the Appellant on 18 February 1999, seeking provisional and temporary release for the purpose of attending the funeral of his uncle, scheduled to take place in Konjic, Bosnia-Herzegovina on 20 February 1999;
CONSIDERING the provisions of Rules 65 and 107 of the Rules of Procedure and Evidence of the International Tribunal ("Rules");
FINDING, by a majority of four to one, Judge Mohamed Bennouna dissenting, that the Appeals Chamber has jurisdiction to deal with the Motion;
CONSIDERING the conditions under which provisional release may be ordered, as specified by sub-Rule 65(B) of the Rules;
CONSIDERING that the Motion fails to disclose any material that satisfies the aforementioned conditions;
HEREBY DENIES the Motion.
Done in both English and French, the English text being authoritative.
Judge Wang Tieya
Judge Mohamed Bennouna will append a Dissenting Opinion to this Order.
Dated this nineteenth day of February 1999
At The Hague,
[Seal of the Tribunal]