(Exclusively for the use of the media. Not an official document)
Bench of Appeals Chamber orders the Provisional Release of Miroslav Tadic and Simo Zaric.
Today, Wednesday 19 April 2000, a Bench of the Appeals Chamber rejected the Prosecutor’s application for leave to appeal Trial Chamber III’s decision of 4 April 2000 granting the provisional release of Miroslav Tadic and Simo Zaric (see press release 487). The Bench ordered provisional release of the two to go ahead.
In coming to its decision, the Bench considered that “Sub-rule 65(D) (of the Rules of Procedure and Evidence) provides that decisions on provisional release are subject to appeal in cases where leave to appeal is granted upon good cause being shown”. Good cause requires that the Bench is satisfied that the Trial Chamber may have erred in making the decision on provisional release.
However the Bench found that “the Prosecutor has failed to demonstrate such an error on the part of the Trial Chamber and that, therefore, the requirement of “good cause” within the meaning of Sub-rule 65(D) has not been met”.
This decision by the Bench follows a ruling on 4 April 2000, by Trial Chamber III that Tadic and Zaric should be granted provisional release, but that the decision should be stayed pending any application for leave to appeal by the Prosecutor.
In coming to the decision to grant provisional release, the Trial Chamber considered that the “Accused voluntarily surrendered to the custody of the Tribunal… that the accused (have) provided, both on (their) own behalf and through the Government of the Republika Srpska, the guarantees required by the Trial Chamber; and further that the Government of the Republika Srpska is competent to issue such guarantees”.
The Trial Chamber was also “satisfied that the Accused, if released, will appear for trial and further, that (they) will not pose a danger to victims, witnesses or other persons”. The Trial Chamber also considered that “the Accused (have), to date, been held in detention, awaiting trial, for more than two years, and that there is no likelihood of an early date being fixed for the commencement of (their) trial”.
The Prosecutor subsequently filed an application for leave to appeal on 5 April 2000, in which she stated that “the Trial Chamber’s decision was in error given that pre-trial release of these accused: 1) is not justified based on the circumstances of these Accused because of the likelihood that they will not appear for trial and will pose a danger to victims, witnesses and other persons, 2) would cause irreparable prejudice to the Prosecution, and by extension, to the international community), and 3) would undermine this Tribunal’s long-standing and appropriate legal policy concerning pre-trial detention of Accused”.
International Criminal Tribunal for the former Yugoslavia
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