Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
11 January 2006
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
PRELIMINARY ORDER ON ASSIGNED COUNSEL REQUEST FOR PROVISIONAL RELEASE FOR THE ACCUSED
__________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy McCormack
THIS 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 ("the International Tribunal"),
BEING SEIZED OF a "Assigned Counsel Request for Provisional Release Pursuant to Rule 65 With Confidential Attachments A, B and C", filed on 20 December 2005 ("Motion"), in which Assigned Counsel seek the provisional release of the Accused for medical treatment at a medical centre in the Russian Federation
NOTING the "First Addendum to Assigned Counsel Request for Provisional Release Pursuant to Rule 65 With Confidential Attachment D", filed by Assigned Counsel on 22 December 2005, and "Prosecution’s Interim Response to Assigned Counsel Request for Provisional Release", filed by the Prosecution on 22 December 2005,
NOTING that in paragraph 19 of the Request, Assigned Counsel state that "Guarantees from the Russian Federation are in the process of being obtained and will be provided to the Trial Chamber as soon as they become available",
NOTING that no such guarantees have yet been received by the Trial Chamber,
CONSIDERING the importance of these guarantees to the determination of the Motion,
CONSIDERING that an application for provisional release should be determined as expeditiously as possible,
PURSUANT TO Rules 65 and 54 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY ORDERS the Defence to submit any further material, including the said guarantees, by 18 January 2006, whereafter it will proceed to a determination of the Motion.
Done in English and French, the English text being authoritative.
________________________
Judge Robinson
Presiding
Dated this eleventh day of January 2006
At The Hague
The Netherlands
[Seal of the Tribunal]