Case No. IT-02-65-PT

IN THE TRIAL CHAMBER

Registrar:
Mr. Hans Holthuis

Decision of:
16 July 2003

PROSECUTOR

v.

ZELJKO MEJAKIC
MOMCILO GRUBAN
DUSAN FUSTAR
DUSKO KNEZEVIC

_______________________

DECISION ON DEFENDANT DUSAN FUSTAR’S EMERGENCY MOTION TO MODIFY THE TRIAL CHAMBER’S DECISION OF 11 JULY 2003 PERTAINING TO THE TERMS OF HIS TEMPORARY PROVISIONAL RELEASE

Office of the Prosecutor:

Ms. Joanna Korner
Ms. Sureta Chana
Ms. Jocelyne Bodson
Mr. Nicholas Koumjian

Mr. Jovan Simic, for Zeljko Mejakic
Ms. Sanja Turlakov, for Momcilo Gruban
Mr. Theodore Scudder and Mr. Dragan Ivetic, for Dusan Fustar
Ms. Slobodanka Nedic and Mr. Thomas Moran, for Dusko Knezevic

THIS TRIAL 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"),

BEING SEISED of a "Defendant, Dusan Fustar’s Emergency Motion to Modify the Trial Chamber’s Decision of 11 July 2003, Pertaining to the Terms of His Temporary Provisional Release", filed by the Defence of Dusan Fustar ("accused") on 15 July 2003 ("Motion"), seeking a modification of the Trial Chamber’s "Decision on Defendant Dusan Fustar’s Emergency Motion Seeking A Temporary Provisional Release to Attend the 40-Day Memorial of His Father’s Death", issued 11 July 2003 ("Decision"), so that the accused may increase the length of his temporary provisional release,

NOTING that the accused’s defence counsel incorrectly states in the Motion that the Decision specifically designates Mr. Trivun Jovicic as the "designated official of Republika Srpska" referred to in the Decision,

CONSIDERING that the reasons advanced for the Motion, namely to accommodate Mr. Jovicic’s schedule so he can take part in a meeting in Banja Luka with Chief Prosecutor Carla Del Ponte and other officials of Republika Srpska and Bosnia-Herzegovina, and to allow the accused additional time to rest from his travel from the International Tribunal to his family home in Prijedor, do not constitute sufficient grounds for a modification of the temporary provisional release,

PURSUANT TO Article 29 of the Statute of the International Tribunal and Rule 65 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES the MOTION.

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

________________
Richard May
Presiding

Dated this sixteenth day of July 2003
At The Hague,
The Netherlands

[Seal of the Tribunal]