Case No. IT-01-42-PT

IN THE TRIAL CHAMBER

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Joaquím Martín Canivell

Registrar:
Mr. Hans Holthuis

Order of:
29 August 2003

THE PROSECUTOR

v.

MIODRAG JOKIC

___________________________________________________________

ORDER ON MIODRAG JOKICíS MOTION FOR PROVISIONAL RELEASE

___________________________________________________________

The Office of the Prosecutor:

Ms. Susan Somers

Defence Counsel:

Mr. Zarko Nikolic

 

TRIAL CHAMBER I ("the 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 Tribunal")

BEING SEIZED of "Miodrag Jokicís Request for Continued Provisional Release" ("the Motion"), filed on 26 August 2003, requesting that Miodrag Jokicís provisional release continue as soon as practicable after the hearing to enter his plea of guilty under the same terms and conditions as previously set out by the Trial Chamber;

NOTING its Order of 20 February 2002, granting provisional release to Miodrag Jokic and conditions thereof;

NOTING its Scheduling Order of 21 August 2003 ordering, inter alia, Miodrag Jokic to return to The Hague, "into custody in the Tribunalís Detention Unit until otherwise decided by the Chamber."

CONSIDERING the provisions of Rule 65 (A), (B) and (I) of the Rules which provide:

(A) Once detained, an accused may not be released except upon an order of a Chamber;

(B) Release may be ordered by a Trial Chamber only after giving the host country and the State to which the accused seeks to be released the opportunity to be heard and only if it is satisfied that the accused will appear for trial and, if released, will not pose a danger to any victim, witness or other person; [Ö]

(I) Without prejudice to the provisions of Rule 107, the Appeals Chamber may grant provisional release to convicted persons pending an appeal or for a fixed period if it is satisfied that:

(i) the appellant, if released, will either appear at the hearing of the appeal or will surrender into detention at the conclusion of the fixed period, as the case may be;

(ii) the appellant, if released, will not pose a danger to any victim, witness or other person, and

(iii) special circumstances exist warranting such release.

NOTING the plea agreement entered into by the parties, and in particular item 17 thereof, where the parties, inter alia, jointly petition the Chamber that Miodrag Jokic should remain on provisional release until sentencing;

NOTING the plea of guilty entered into by Miodrag Jokic at the hearing and the consequent finding of guilt to the Second Amended Indictment entered into by the Chamber on 27 August 2003;

NOTING further the oral order by the Chamber to the Registry to schedule a sentencing hearing for Miodrag Jokic;

CONSIDERING, therefore, that Miodrag Jokic is not an "accused" and therefore may not be presumed innocent anymore by the Chamber;

CONSIDERING that the presumption of innocence is one of the main rationales justifying release, provided no need exists for pre-trial detention, and therefore there is less reason for a Chamber to consider provisional release once a detained person has lost his status of accused;

CONSIDERING that the Chamber is not bound by the agreement reached between the parties as expressed in the plea agreement;

CONSIDERING that, in the course of the past months, Miodrag Jokic has fully complied with the terms and conditions of his provisional release;

NOTING that the Prosecutor did not object to the Motion;

NOTING further the letter from the Ministry of Justice of the Republic of Serbia dated 22 August 2003, providing, inter alia, that the Government of the Republic of Serbia is ready to "further implement the guarantees granted until now" in relation to this Order with regard to Miodrag Jokic;

CONSIDERING further that there are extraordinary health and family considerations, amounting to exceptional circumstances, to be taken into account in favour of Miodrag Jokicís request;

CONSIDERING further that Miodrag Jokicís voluntary surrender, return to The Hague when requested, and plea of guilty all concur to convince the Chamber that he will comply with the terms of this Order and with his obligation to return after termination of his provisional release;

FOR ALL THE FOREGOING REASONS,

PURSUANT TO RULE 73 of the Rules of Procedure and Evidence,

HEREBY

GRANTS THE MOTION;

ORDERS that Miodrag Jokic be provisionally released under the following terms and conditions:

  1. Miodrag Jokic shall be released as soon as practicable and taken to an airport within the territory of the Kingdom of the Netherlands by the Dutch authorities, who are hereby requested to transport him to the airport and provide for all necessary administrative and security measures.
  2. Once at the airport, Miodrag Jokic shall be remitted into the custody of the official designated by the Republic of Serbia and accompanied by that official to the place of his residence in Belgrade.
  3. The conditions of Miodrag Jokicís provisional release shall be the same as those provided in the Order of 20 February 2002 by the Chamber as implemented by the authorities of the Republic of Serbia;
  4. The period of further provisional release shall begin as soon as practicable and shall end on a date to be set by the Scheduling Order for the sentencing hearing, or by any other order the Chamber will deem necessary.

REQUESTS the Registry to transmit the Order to the Government of the Republic of Serbia for the necessary arrangements.

 

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

Dated this twenty-ninth day of August 2003
At The Hague,
The Netherlands

______________
Alphons Orie, Presiding Judge

[Seal of the Tribunal]