Case No. IT-95-17/1


Judge Theodor Meron, President

Mr. Hans Holthuis

Order of:
29 July 2004





I, THEODOR MERON, President 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;

NOTING that, on 10 December 1998, Trial Chamber II rendered its Judgement in the case of Prosecutor v. Furundzija, No. IT-95-17/1, sentencing Anto Furundzija to 10 years of imprisonment;

NOTING that the Trial Chamber’s Judgement and sentence were affirmed by the Appeals Chamber on 21 July 2000;

NOTING that the Government of Finland, where Mr. Furundzija is serving his sentence, notified me on 13 May 2004 that Mr. Furundzija will have served two thirds of his sentence on 17 August 2004 and will therefore, in accordance with the law of Finland, become eligible for early release;

FINDING that this notification satisfies the requirements of Article 28 of the Statute of the Tribunal, Rule 123 of the Rules of Procedure and Evidence, and Article 1 of the Practice Direction on the Procedure for the Determination of Applications for Pardon, Commutation of Sentence and Early Release of Persons Convicted by the International Tribunal, IT/146, 7 April 1999 ("Practice Direction");

NOTING that, pursuant to Articles 5 and 7 of the Practice Direction, the President of the International Tribunal determines, in consultation with the members of the sentencing Chamber and the Bureau, whether early release should be granted;

NOTING the Registry’s confidential memorandum of 20 July 2004, which forwards to me the information collected by the Registry in accordance with Article 2 of the Practice Direction;

NOTING the 13 May 2004 letter from the Minister of Justice of Finland and the attached report from the Chief Officer of the Kylmäkoski prison, where Mr. Furundzija served the majority of his sentence, which inform me that Mr. Furundzija has behaved impeccably during his imprisonment; has been employed both inside and outside the prison; has been very cooperative in his relationship with the prison staff; and has maintained exceptional discipline and correct behaviour;

NOTING the 6 July 2004 psychological assessment of Mr. Furundzija, prepared by the Finnish prison authorities, which notes no impediment to his release;

NOTING the internal memorandum from the Office of the Prosecutor dated 16 July 2004 concerning Mr. Furundzija’s cooperation with the Office of the Prosecutor;

CONSIDERING Rule 125, incorporated by reference in Article 7 of the Practice Direction, which lists some of the elements to consider when examining an application for early release, such as the gravity of the offence, demonstration of rehabilitation, any substantial cooperation of the prisoner with the Office of the Prosecutor, and treatment of similarly-situated prisoners, as well as further criteria enunciated in prior orders and decisions pertaining to early release;

CONSIDERING the gravity of the offences committed by Mr. Furundzija, as detailed in the Trial Chamber’s and the Appeals Chamber’s Judgements;

CONSIDERING that, as reported by the Finnish authorities, Mr. Furundzija has accepted the judgement he received as fair and has expressed remorse for the suffering of victims;

CONSIDERING that Mr. Furundzija is resolved to be reintegrated into society, exhibited good behaviour in detention, and has a strong attachment to his family;

CONSIDERING that this information establishes the strong likelihood that Mr. Furundzija will successfully reintegrate himself into the community upon release;

CONSIDERING that Mr. Furundzija’s case is no less appropriate for a grant of early release than that of other prisoners previously granted early release;

NOTWITHSTANDING the report of the Office of the Prosecutor that Mr. Furundzija has not cooperated with it;

HAVING CONSULTED the members of the Bureau and those Judges of the sentencing Chamber who remain Judges of the Tribunal, and having considered their recommendation;

PURSUANT to Rules 124 and 125 and Article 7 of the Practice Direction,


GRANT the Government of Finland’s application for the early release of Anto Furundzija, effective 17 August 2004;

REQUEST that the Registrar transmit this decision to the authorities of the Government of Finland.


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

Done this 29th day of July 2004,
At The Hague,
The Netherlands.

Theodor Meron
President of the International Tribunal

[Seal of the Tribunal]