Case No. IT-95-13/1-PT


Judge Carmel A. Agius, Pre-Trial Judge

Mr. Hans Holthuis

Order of:
21 May 2003





The Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Jan Wubben

The Accused:

Mr. Miroslav Radic


I, Carmel Agius, 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 ("Tribunal") and Pre-Trial Judge in these proceedings:

PURSUANT TO Rule 64 of the Rules of Procedure and Evidence of the Tribunal ("Rules");

CONSIDERING the indictment confirmed on 7 November 1995, reconfirmed on 3 April 1996, and amended and confirmed on 2 December 1997 by Judge Fouad Riad, in which the charges against the Accused Miroslav Radic ("Accused") remained;

CONSIDERING the Warrants of Arrest for the Accused and Orders for Surrender issued by Judge Fouad Riad on 7 November 1995 and on 3 April 1996;

CONSIDERING that the Accused was transferred to the Detention Unit of this Tribunal on 17 May 2003;

CONSIDERING that the Accused has been informed at his initial appearance of his right to file a motion requesting provisional release pursuant to Rule 65 of the Rules;

THEREFORE ORDER the detention on remand of Miroslav Radic and enjoin the Commanding Officer of the United Nations Detention Unit in The Hague to detain the Accused until further order; and

NOTING that when asked, the Accused did not request that any relative be informed of his deprivation of liberty as they had already been informed;

NOTING that when asked, the Accused stated that the Embassy of Serbia and Montenegro is informed of his transfer to and detention in the Detention Unit of this Tribunal;

CONSIDERING Article 36(1)(b) of the 1963 Vienna Convention on Consular Relations which states that: "if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph";

CONSIDERING that this Rule must correspondingly be applied;

HEREBY ORDER the Registry to inform the Embassy of Serbia and Montenegro in The Hague of the deprivation of liberty and ongoing detention of Miroslav Radic.


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

Dated this twenty-first day of May 2003
At The Hague
The Netherlands

Judge Carmel Agius
Pre-Trial Judge

[Seal of the Tribunal]