Case No.: IT-95-14/2-A

IN THE APPEALS CHAMBER

Before:
Judge Wolfgang Schomburg, Presiding Judge
Judge Fausto Pocar
Judge Florence Ndepele Mwachande Mumba
Judge Mehmet Güney
Judge Inés Mónica Weinberg de Roca

Registrar:
Mr. Hans Holthuis

Decision of:
6 December 2004

PROSECUTOR

v.

MARIO CERKEZ

___________________________________________________________

DECISION ON "PROSECUTION’S URGENT REQUEST TO STAY THE ORDER OF THE APPEALS CHAMBER RELEASING MARIO CERKEZ”

___________________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell
Ms. Helen Brady

Counsel for Mario Cerkez:

Mr. Bozidar Kovacic and Mr. Goran Mikulicic

 

THE APPEALS 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 ("International Tribunal");

NOTING the “Order to Release Mario Cerkez”, rendered by the Appeals Chamber on 2 December 2004;

BEING SEIZED OF the "Prosecution’s Urgent Request to Stay the Order of the Appeals Chamber Releasing Mario Cerkez”, filed by the Office of the Prosecutor (“Prosecution”) on 2 December 2004 ("Request"), in which the Prosecution "requests that the Appeals Chamber stay the Release Order pending issuance of a final Judgement";1

NOTING “Mario Cerkez’s Urgent Response to the Prosecution’s Urgent Request to Stay the Order of the Appeals Chamber Releasing Mario Cerkez”, filed by the defence for Mario Cerkez on 3 December 2004;

NOTING the "Prosecution’s Reply to Response of Mario Cerkez on the Motion to Stay the Release Order of the Appeals Chamber”, filed by the Prosecution on 3 December 2004;

CONSIDERING that under both the Statute and the Rules of Procedure and Evidence a request for reconsidering a final release order is not foreseen;

FOR THE FOREGOING REASON,

DISMISSES the Request of the Prosecution.

 

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

________________
Wolfgang Schomburg
Presiding

Dated this sixth day of December 2004,
At The Hague,
The Netherlands.

[Seal of the International Tribunal]


1. Request, para. 15.