Case No.: IT-04-81-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Order of:
30 June1 July 2005

PROSECUTOR

v.

MOMCILO PERISIC

_________________________________________________

ORDER DENYING ON MOMCILO PERISIC’S MOTION TO MODIFY CONDITIONS OF PROVISIONAL RELEASE

__________________________________________________

The Office of the Prosecutor

Mr. Chester Stamp
Mr. Karim Agha
Mr. Frederic Ossogo

Counsel for Momcilo Perisic

Mr. James Castle

 

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 (the "Tribunal"),

BEING SEISED of the Request for Alteration of Conditions of Provisional Release filed on 16 June 2005 ("Motion”) by Momcilo Perisic (“Accused”), seeking a modification of the Trial Chamber’s “Decision on Momcilo Perisic’s Motion for Provisional Release" issued on 9 June 2005 (the "Decision"),

NOTING that in his Motion the Accused seeks permission to modify the conditions of release provided in the Decision so that he may travel to his "hometown" Kostunica, "where many members of his family reside and where he can visit the graves of his family members", between 20 June 2005 and 5 July 2005 and "every month" until his trial at the Tribunal begins,

NOTING that the Office of the Prosecutor has informed the Trial Chamber that it will not file a response to the Motion,

NOTING that the only reason advanced for the Motion is the conclusory statement that this "request is reasonable and in the spirit of Mr. Perisic’s provisional release”,

CONSIDERING that this does not constitute an adequate basis for the Trial Chamber to grant the Motion,

PURSUANT to Rule 65 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES THE MOTION, without prejudice to the Accused making a future request for modification of the conditions of his provisional release.

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

__________________
Judge Patrick Robinson
Presiding

Dated this 30th day1st day of June July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]