Case No.: IT-04-74-PT
IN TRIAL CHAMBER I
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
Decision:
14 October 2005
THE PROSECUTOR
v.
JADRANKO
PRLIC
BRUNO STOJIC
SLOBODAN PRALJAK
MILIVOJ PETKOVIC
VALENTIN CORIC
BERISLAV PUSIC
DECISION TO GRANT ACCUSED SLOBODAN PRALJAK’S SUPPLEMENTAL APPLICATION FOR VARIATION OF CONDITIONS OF PROVISIONAL RELEASE
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Bozidar
Kovacic
Ms Nika Pinter
The Government of the Republic of Croatia:
per: The Embassy of the Republic of Croatia The Hague
TRIAL CHAMBER I ("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 SEIZED OF the "Accused Slobodan Praljak’s Supplemental Application for Variation of Conditions of Provisional Release", filed on 2 August 2005, ("the Application"), in which Mr Slobodan Praljak ("the Accused"), requested permission to be allowed to leave his Zagreb residence and travel to Pisak for a period of two weeks in November in order to complete prosthetic treatment at his brother’s clinic in Makarska.1
RECALLING the "Order on the Provisional Release of Slobodan Praljak", dated 30 July 2004 ("the Order"), under which Mr Slobodan Praljak ("the Accused") was provisionally released subject to a number of conditions, including the condition that the Accused was to remain within the confines of his chosen residence in the Republic of Croatia;2
NOTING the "Accused Slobodan Praljak’s Application for Variation of Conditions of Provisional Release", dated 17 May 2005 ("17 May Application"), in which the Accused sought permission to reside in Pisak from 15 June 2005 to 15 August 2005 and to commute daily to Omis and Makarska for dental treatment and supplies and to return to Zagreb on 16 August 2005, where he would continue to reside at the current address;3
NOTING the "Decision on Slobodan Praljak’s Urgent Application for Variation of Conditions of Provisional Release", dated 1 July 2005 ("the Decision"), in which the Chamber partially granted the Accused’s 17 May Application and ordered that the Accused was allowed to travel under escort, but at his own cost to Makarska and Pisak and to remain there for a limited period of seven consecutive days;4
NOTING the "Prosecution’s Response to the Accused Slobodan Praljak’s Supplemental Application for Variation of Conditions of Provisional Release filed 2 August 2005", filed on 8 August 2005 ("the Prosecution’s Response"), which stated that:
CONSIDERING that the Accused has the opportunity of obtaining the treatment which he seeks at a private clinic at minimal expense, that the Chamber ordered that the Applicant may receive treatment at his brother’s clinic and that the Prosecution has no objection to the Application,
CONSIDERING that the Chamber affirms that each application for variation of the conditions of provisional release will be dealt with on its own merits and will be granted, as an exception and only on good cause being shown;
HEREBY GRANTS the Motion and ORDERS that the conditions for provisional release of the Accused Slobodan Praljak be modified temporarily as set out below;
ALLOWS the Accused to travel under escort but at his own costs to Makarska and Pisak (Croatia) and remain there for a limited period of fourteen consecutive days, and to commute daily between Makarska and Pisak, Croatia, on the following conditions:
REQUIRES the Government of the Republic of Croatia to:
PURSUANT to Rules 54 and 65 of the Rules of Procedure and Evidence of the Tribunal;
GRANTS the Motion;
Done in English and French, the English text being authoritative.
Dated this fourteenth day of October 2005
At The Hague,
The Netherlands
_______________________
Judge Liu Daqun
Presiding Judge, Trial Chamber 1
[Seal of the Tribunal]