Tribunal Criminal Tribunal for the Former Yugoslavia

Page 108

1 Wednesday, 29 August 2001

2 [Motion Hearing]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 3.05 p.m.

6 JUDGE MAY: Yes. Let the Registrar call the case.

7 THE REGISTRAR: Good afternoon, Your Honours. Case number

8 IT-00-39 and 40 PT, the Prosecutor versus Momcilo Krajisnik and Biljana

9 Plavsic.

10 JUDGE MAY: Appearances, please.

11 MR. TIEGER: Good afternoon, Mr. President. Your Honours, my name

12 is Alan Tieger. I appear today with the Prosecutor, Madam Carla Del

13 Ponte, for the Prosecution.

14 MR. PAVICH: Good afternoon, Your Honours, Robert Pavich on behalf

15 of Biljana Plavsic, accompanied by Mr. Eugene O'Sullivan.

16 JUDGE MAY: And there is a representative of the Serbian

17 government; is that right?

18 MR. PAVICH: That's correct, Your Honour.

19 MR. BATIC: [Interpretation] Yes, I am Dr. Vlatan Batic, Minister

20 of Justice in the government of the Republic of Serbia, and I am appearing

21 here at the request of the Defence.

22 JUDGE MAY: Thank you. And the Dutch government are also here.

23 MS. DE MAN: Yes. Good afternoon. My name is Frederique de Man,

24 Ministry of Foreign Affairs. I am accompanied by another colleague from

25 the Ministry of Foreign Affairs, Mrs. Swaak, and Mr. Abraham Visser of the

Page 109

1 Ministry of Justice.

2 JUDGE MAY: Thank you. This is the adjourned hearing of a motion

3 by the accused for provisional release. The principle of provisional

4 release is not opposed. However, there is a dispute about where the

5 accused should reside during the period of provisional release.

6 Summarising the matter to date, the Prosecution do not oppose

7 Mrs. Plavsic residing in the Netherlands, and the last hearing was

8 adjourned for the Netherlands government to formulate conditions upon

9 which such a release would be acceptable. Those conditions have been

10 formulated and forwarded to the Court, and we have copies of them.

11 The Defence now apply for Mrs. Plavsic to be released to reside in

12 Serbia, and we have guarantees of that government relating to her travel

13 arrangements, residence, reporting to police, and other matters. The

14 Prosecution oppose this application, and it should be added that if it

15 were not granted, the Defence do not oppose provisional release in the

16 Netherlands on certain conditions.

17 The dispute, therefore is as to where the accused should reside

18 during a period of provisional release and that is the issue which the

19 Court has to determine today.

20 Mr. Pavich, we will begin with you.

21 MR. PAVICH: Thank you, Your Honour. I would request at this

22 time that we proceed, as we did on 1 August, in private session.

23 JUDGE MAY: Yes.

24 [Private session]

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21 [Open session]

22 JUDGE MAY: It has emerged during the course of this hearing that

23 there is no longer a dispute between the parties. The accused will be

24 provisionally released to reside in the Republic of Serbia. The Trial

25 Chamber makes that order now.

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1 There are a number of administrative details which have to be

2 arranged. Consequently, a scheduling order will be made setting those out

3 and setting out the date for the provisional release. It is the intention

4 of the Trial Chamber that those should be accomplished as soon as

5 possible.

6 I should say we're grateful for the assistance of the

7 representatives of the governments for coming and assisting the Trial

8 Chamber.

9 Court will rise.

10 --- Whereupon the hearing adjourned at

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