Case No.: IT-01-47-T


Judge O-Gon Kwon

Mr. Hans Holthuis

Decision of:
12 March 2004







Counsel for the Prosecutor:

Mr. Ekkehard Withopf
Mr. David Re
Mr. Daryl Mundis
Mr. Chester Stamp

Counsel for the Defence:

Mr. Fahrudin Ibrisimovic and Mr. Rodney Dixon

Embassy of Bosnia and Herzegovina


I, O-Gon Kwon, Judge 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 a Defence Motion for Provisional Release of Amir Kubura to Attend Funeral ("Motion"), filed on 12 March 2004 by Counsel for Amir Kubura;

NOTING that the Motion requests that Amir Kubura (the "Accused") be allowed to attend the funeral of his mother, Mrs. Bedrija Kubura, which is scheduled to take place in Kakanj on 14 March 2004, Sunday, and that the Motion stipulates that if it is to be granted the Accused would leave The Hague on 13 March 2004 and would return to The Hague not later than 15 March 2004;

CONSIDERING that the Motion is to be granted on compassionate grounds, subject to certain conditions and guarantees;

CONSIDERING that the Accused waives his right to be tried in his presence for the time while he would be provisionally released, and gives his consent to be represented by his Counsel in such proceedings;

CONSIDERING the guarantees provided by the Government of Bosnia and Herzegovina (hereinafter "BiH") on 12 March 2004 that it will secure that the Accused will return to the United Nations Detention Unit on 15 March 2004, and that an official of the Federation of Bosnia and Herzegovina will be accompanying the Accused at all time until his return to The Hague;

CONSIDERING that the Office of the Prosecutor ("Prosecution") has been consulted, and agrees that the Motion be granted on the conditions hereunder;

HAVING CONSULTED Judge Jean-Claude Antonetti, the Judge presiding over the trial of the Accused, who is in agreement with what follows in this Order;

CONSIDERING the restrictions, as applicable, in the "Decision Granting Provisional Release to Amir Kubura" of 19 December 2001;

PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the Tribunal ("Rules")

HEREBY GRANT the Motion AND ORDER the provisional release of Amir Kubura on the following terms and conditions:

  1. The Accused shall be transported to Schiphol airport in the Netherlands by the Dutch authorities;
  2. At Schiphol airport, the Accused shall be provisionally released into the custody of the designated official of the BiH Government, Mr. Amir Ahmic, liaison officer for the International Tribunal, who shall accompany the Accused for the remainder of his travel to BiH and during the course of his stay in BiH;
  3. On his return flight, the Accused shall be accompanied by the designated official of the BiH Government, who shall deliver the Accused into the custody of the Dutch authorities at Schiphol airport at a pre-determined date and time and the Dutch authorities shall then transport the Accused back to the United Nations Detention Unit;
  4. Transport expenses of the Accused from Schiphol Airport to BiH and back shall be borne by the BiH Government;
  5. The BiH Government shall assume responsibility for the personal security and safety of the Accused while on provisional release;
  6. The Accused shall comply strictly with any order of the Trial Chamber varying the terms of, or terminating, the provisional release of the Accused;
  7. The Accused shall comply with such other restrictions as are applicable in the "Decision Granting Provisional Release to Amir Kubura" of 19 December 2001;

INSTRUCT the Registrar of the Tribunal to consult with the Ministry of Justice of the Netherlands and the authorities of BiH as to the practical arrangements for the release of the Accused,

REQUEST the authorities of all States through which the Accused will travel:

  1. to hold the Accused in custody for any time he will spends in transit at the airport;

  2. to detain and arrest the Accused pending his return to the United Nations Detention Unit, should he attempt to escape.


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

O-Gon Kwon
Duty Judge

Done this twelfth day of March 2004
At The Hague,
The Netherlands.

[Seal of the Tribunal]