Judge David Hunt (Presiding)
Judge Fouad Riad
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Mohamed Bennouna

Mrs Dorothee de Sampayo Garrido-Nijgh

Order of:
30 December 1999







Office of the Prosecutor:

Mr. Yapa Upawansa
Mr. Christopher Staker
Mr. Norman Farrell
Mr. Rodney Dixon

Counsel for the Accused:

Mr. John Ackerman for Zejnil Delalic
Mr. Tomislav Kuzmanovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia Sinatra, Mr. Peter Murphy for Esad Landzo


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 that the convicted Zdravko Mucic ("Appellant") filed a Notice of Appeal before the Appeals Chamber on 27 November 1998;

BEING SEISED of a "Motion of Appellant Zdravko Mucic for Provisional and Temporary Release” filed on 17 December 1999 (“Request”) in which the Appellant seeks provisional release “to return to Konjic, Bosnia-Herzegovina for one week to take care of his elderly father to insure that proper medical care and attention is provided to him";

NOTING the "Prosecution Response to Motion of Appellant Zdravko Mucic for Provisional and Temporary Release", filed on 21 December 1999;

NOTING that the Appellant did not file by 28 December 1999 a reply in accordance with Article 12 of the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155);

CONSIDERING the provisions of Rules 65 and 107 of the Rules of Procedure and Evidence of the International Tribunal ("Rules");

FINDING, by a majority of four to one, Judge Mohamed Bennouna dissenting, that the Appeals Chamber has jurisdiction to consider the Request;

CONSIDERING the conditions under which provisional release may be granted, as specified by sub-Rule 65(B) of the Rules;

CONSIDERING that Zdravko Mucic has been convicted of the following serious violations of international humanitarian law: wilful killing and murder, wilfully causing great suffering or serious injury to body or health and cruel treatment, torture, inhuman treatment, and unlawful confinement of civilians;

CONSIDERING that the Trial Chamber in its Judgement noted that the "general attitude of Mr. Mucic during the trial proceedings in and outside the courtroom would seem to be a repetition of his casual and perfunctory attitude to his duties in the Celebici prison-camp. He made concerted and sustained efforts where he could to intimidate witnesses and to suborn favourable evidence from them. His demeanour throughout the proceedings suggests that he appears to have regarded this trial as a farce and an expensive joke" ;

CONSIDERING that the Appeals Chamber at the present time must base its assessment of the risk of flight, and the danger that the Appellant may pose if released, on the facts as found by the Trial Chamber in its Judgement which until otherwise held by the Appeals Chamber must be taken to be correct;

CONSIDERING MOREOVER that Zdravko Mucic for the crimes of which he was found guilty was sentenced to eleven concurrent prison terms of seven years’ imprisonment;

CONSIDERING that the Appellant, if released, would need to be transported to Bosnia-Herzegovina by commercial airliner in the presence of the general public;

FINDING that it is not satisfied, notwithstanding its power under sub-Rule 65(C) and Rule 107 of the Rules to impose such conditions upon the release as it determines appropriate, that Zdravko Mucic, if released, would appear for appeal proceedings and would not pose a danger to any victim, witness or other person;

HEREBY, by four votes, Judge Mohamed Bennouna declining to pronounce on the merits of the Request, DENIES the Request.

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

David Hunt
Presiding Judge

Dated this thirtieth day of December 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]