Case No. IT-01-42-PT

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Joaquin Martin Canivell

Registrar:
Mr. Hans Holthuis

Decision of:
1 December 2003

PROSECUTOR

v.

PAVLE STRUGAR

____________________________

DECISION AND ORDER RELATING TO ACCUSED’S PAVLE STRUGAR REQUEST FOR POSTPONEMENT

The Office of the Prosecutor:

Ms Susan Sommers

Counsel for the Accused:

Mr Goran Rodic
Mr Vladimir Petrovic

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 ("Tribunal"),

BEING SEISED OF the "Accused’s Pavle Strugar Request for Postponement" ("Request"), filed by the Defence on 28 November 2003, which seeks a postponement of the start of the trial, the pre-trial conference and the return of the Accused to the United Nations Detention Unit, and thereby an extension of his provisional release, due to his medical condition;

CONSIDERING that the Request was supported by medical reports elaborating on the medical problems the Accused is facing;

CONSIDERING that the Chamber has consulted an external medical doctor on the medical reports submitted by the Accused;

CONSIDERING that neither the medical reports submitted by the Accused, nor the report received from the external medical doctor state that the Accused is unable to travel;

CONSIDERING however that the external medical doctor has indicated, based on the medical reports submitted by the Accused, that such travel would involve discomfort for the Accused;

CONSIDERING that the Chamber would understand if the Government of Serbia and Montenegro, as responsible for the practicalities of the return of the Accused, wishes to take measures to accommodate the discomfort of the Accused;

CONSIDERING that there is no urgent reason to take any decision now on a postponement of the start of the trial or the pre-trial conference;

PURSUANT TO Rules 54 and 65 of the Rules,

(i) that the order for the return of the Accused, as laid down in the "Decision on the Prosecutor’s Motion for Separate Trial and Order to schedule a Pre-Trial Conference and the Start of the Trial against Pavle Strugar" of 27 November 2003 remains in force,

(ii) that a delay of up to 24 hours in order to accommodate the discomfort of the Accused will not be treated as a breach of the Decision on Provisional Relase and the above-mentioned decision of 27 November 2003; and

(iii) that a decision on the remaining questions raised in the Request, relating to a possible postponement of the trial or the pre-trial conference, will not be taken at this moment;

ORDERS that, if a delay will take place in the return of the Accused to the United Nations Detention Unit, the Government of Serbia and Montenegro will inform the Tribunal at the latest by 12.00 on 2 December 2003 how the transfer of the Accused will be organised.

Done in French and English, the English version being authoritative.

Done this first day of December 2003
At The Hague
The Netherlands

_________________
Judge Alphons Orie
Presiding

[Seal of the Tribunal]