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Enver Hadzihasanovic, Mehmed Alagic and Amir Ubura granted provisional release.

Press Release . Communiqué de presse

(Exclusivement à l’attention des media. Document non officiel)



The Hague, 13 December 2001




Today, Thursday 13 December 2001, Trial Chamber II, consisting of Judges Wolfgang Schomburg (Presiding), Florence Mumba and Carmel Agius, ordered the provisional release of Enver Hadzihasanovic, Mehmed Alagic and Amir Kubura under strict terms and conditions detailed in the Decision, pursuant to Rule 65 of the Rules of Procedure and Evidence.

During the hearing, the Presiding Judge gave the reasons for the Decision. Judge Schomburg pointed out that the detention is the exception and release is the rule from a legal perspective which must be applied in all cases. The Trial Chamber considered that the three co-accused had voluntary surrendered to the Tribunal and that satisfactory guarantees were provided by the
government of the Federation of Bosnia and Herzegovina and by the accused to uphold the conditions of release. The Judges stressed that the provisional release will not influence future rulings.

At the end of the hearing, the Prosecution stated that it would not apply for a stay of the Decision, pursuant to Rule 65(E) of the Rules.

The pre-trial stage will proceed and the case is expected to be ready for trial in May 2002.

Enver Hadzihasanovic, Mehmed Alagic and Amir Kubura will be released as soon as practically possible. The arrangements are being made to this effect.

Procedural Background

Judge Fouad Riad confirmed the indictment against Enver Hadzihasanovic, Mehmed Alagic and Amir Kubura on 13 July 2001. The three co-accused are charged on the basis of their superior criminal responsibility under Article 7(3) of the Statute with violations of the laws or customs of war pursuant to Article 3 of the Statute and grave breaches of the 1949 Geneva Conventions pursuant
to Article 2 of the Statute.

Enver Hadzihasanovic, Mehmed Alagic and Amir Kubura were transferred to the Tribunal on 4 August 2001 (see Press Release No. 610).

The three co-accused pleaded "not guilty" to all counts contained in the indictment at their initial appearance held on 9 August 2001.

On 15 and 16 November 2001, Mehmed Alagic, Enver Hadzihasanovic and Amir Kubura filed confidential Applications for provisional release. The Prosecution responded confidentially on 28 November 2001 and opposed the Motions.