Judge Mohamed Shahabuddeen, Presiding
Judge Wang Tieya
Judge Rafael Nieto-Navia

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
25 November 1999







Counsel for the Appellant:

Mr. Slavisa Prodanovic and Ms. Mara Pilipovic for Mr. Dragoljub Kunarac

The Office of the Prosecutor:

Mr. Dirk Ryneveld
Ms. Hildegard Uertz-Retzlaff

Ms. Peggy Kuo


THIS BENCH of 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 ("Bench" and "International Tribunal", respectively),

BEING SEIZED OF a "Defence Application for Leave to Appeal" filed by Mr. Dragoljub Kunarac ("Appellant") on 16 November 1999 ("Defence Application");

NOTING the "Decision on Request for Provisional Release of Dragoljub Kunarac" issued by Trial Chamber II and filed on 11 November 1999 ("Decision"), in respect of which the Defence Application is made, and wherein the Trial Chamber rejected the Appellant’s Request for Provisional Release ("Request");

NOTING that the Defence Application is alleging that the Trial Chamber erred in its evaluation of the reasons for the Request, that national law of all countries allows a right of appeal from a decision refusing provisional release, and that the Trial Chamber did not, at the time of rendering the Decision, consider the guarantees offered by the Government of the Republic of Srpska;

NOTING the "Further Decision on Request for Provisional Release of Dragoljub Kunarac" issued by Trial Chamber II and filed on 17 November 1999, whereby the Trial Chamber confirmed the Decision, on the ground that the guarantees offered by the Government of the Republic of Srpska in a letter addressed to the Trial Chamber on 12 November 1999 in respect of this matter did not affect the reasoning of the Trial Chamber in the Decision;

NOTING the "Prosecution Response to Defence Application for Leave to Appeal", filed on 19 November 1999;

NOTING that the Appellant did not file any reply as of 23 November 1999 being the time limit ensuing from Article 6 of the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155, dated 1 October 1999);

DECIDING, therefore, to proceed on the basis of the existing filings from the parties;

CONSIDERING that sub-Rule 65 (D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides that any decision rendered under this Rule shall be subject to appeal in cases where leave is granted by a bench of three Judges of the Appeals Chamber, upon good cause being shown;

CONSIDERING that the Appellant has not shown good cause in the Defence Application, in that he has failed to state precisely why the Decision erred under applicable legal principles in the evaluation of the reasons for the Request;

HEREBY DECIDES to reject the Defence Application.


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


Mohamed Shahabuddeen

Dated this twenty-fifth day of November 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]