IN A BENCH OF THE APPEALS CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
8 June 1999

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

______________________________________________

DECISION ON APPLICATION BY MIROSLAV TADIC FOR LEAVE TO APPEAL AGAINST DECISION ON PROVISIONAL RELEASE

______________________________________________

The Office of the Prosecutor

Mr. Grant Niemann
Ms. Nancy Paterson
Ms. Mary MacFadyen
Ms. Suzanne Hayden

Defence Counsel

Mr. Branimir Avramovic for Milan Simic
Mr. Igor Pantelic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic, for Simo Zaric

 

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 ("International Tribunal"),

NOTING the Request for Provisional Release of Mr. Miroslav Tadic, filed before Trial Chamber III on 19 January 1999 (“Request”);

NOTING the Scheduling Order dated 28 January 1999 and filed the following day, in which Trial Chamber III ordered that oral arguments be heard inter alia on the Request during a hearing on 23 and 24 February 1999;

NOTING the Decision on Motion for Provisional Release of Miroslav Tadic, issued by Trial Chamber III on 15 February 1999 without a prior hearing of the parties (“Decision”);

NOTING the Addendum to Defense Motions for Provisional Release of Mr. Miroslav Tadic and Mr. Simo Zaric, filed on 18 February 1999;

NOTING the Application for Leave to Appeal the Decision Regarding Provisional Release, and the Appeal of a Decision Dismissing a Motion for the Provisional Release of Mr. Miroslav Tadic, filed in the French language by Counsel for Miroslav Tadic on 2 March 1999 ("Application for Leave to Appeal", "Proposed Appeal", and "Defence", respectively);

NOTING the English translations of the Application for Leave to Appeal and the Proposed Appeal, filed on 5 and 8 March 1999, respectively;

NOTING the Scheduling Order issued by this Bench on 23 March 1999, in which the filing of the Application for Leave to Appeal was accepted as validly done;

NOTING the Prosecution’s Response to Miroslav Tadic’s Application for Leave to Appeal, filed on 30 March 1999, in which the Office of the Prosecutor ("Prosecution") incorrectly asserts that the Bench in its Scheduling Order erred in holding that the Application for Leave to Appeal was filed on 2 March 1999 and contends that the Application for Leave to Appeal should be dismissed as being out of time;

REAFFIRMING its acceptance of the Application for Leave to Appeal as validly done;

NOTING that the Application for Leave to Appeal was filed pursuant to Sub-rule 73(B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which provides as follows:

Decisions on such motions are without interlocutory appeal save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave

(i) if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal; or

(ii) if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally.

CONSIDERING that the Application for Leave to Appeal raises the issue of whether a Trial Chamber, having ordered that oral arguments be heard on a matter pending before it, may properly issue its decision on that matter solely on the basis of the written submissions of the parties;

FINDING that this issue is of general importance to proceedings before the International Tribunal within the meaning of Sub-rule 73(B)(ii);

WITHOUT PRONOUNCING ON whether the Decision could cause such prejudice to the case of Miroslav Tadic as could not be cured by the final disposal of the trial including post-judgement appeal;

HEREBY DECIDES, unanimously, to grant leave to appeal against the Decision.

 

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


Mohamed Shahabuddeen
Presiding

Dated this eighth day of June 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]