Tribunal Criminal Tribunal for the Former Yugoslavia

Page 61

1 Thursday, 26 March 1998

2 (9.08am)

3 JUDGE JORDA: Mr Registrar -- just a moment,

4 could you please state which case number this is and

5 ask the accused to enter?

6 THE REGISTRAR: IT-95-9-PT, the Prosecutor

7 against Milan Simic.

8 JUDGE JORDA: Now, you can ask Mr Simic to be

9 brought in. We will wait for him to take the seat. In

10 the meantime, who appears on behalf of the Prosecution

11 in this matter, please? This is Ms Paterson, but she

12 will tell us for herself and she will tell us who

13 assists her.

14 MS PATERSON: It is Nancy Paterson

15 representing the Prosecution. I am the only attorney

16 here today for the Prosecution. My assistant is the

17 case manager, Ms Verhaag.

18 JUDGE JORDA: Before we turn to the Defence,

19 Mr Simic, would you please take your earphones now?

20 Could the security officer help Mr Simic to take the

21 earphones? Can you hear me, Mr Simic?

22 MR SIMIC: Yes, I can hear you.

23 JUDGE JORDA: Thank you. Who appears for

24 the Defence, please, because I would like some details

25 here? Normally, it should be Mr Drago Vukovic who

Page 62

1 represents the accused.

2 MR VUKOVIC: Yes, your Honour. I am Drago

3 Vukovic, attorney from Belgrade, along with my

4 colleague, Mr Pisarevic and Mr Pantelic, who agreed on

5 a pro bono basis to help me today.

6 JUDGE JORDA: Could you please remind me the

7 names of your colleagues? I know Mr Pantelic well, but

8 on your left-hand side, could you tell me who is your

9 colleague?

10 MR VUKOVIC: It is Mr Pisarevic and

11 Mr Pantelic.

12 JUDGE JORDA: There are three of you. Could

13 you please give the Trial Chamber some explanations,

14 because I think that you were the only counsel that was

15 appointed. Could you give us some additional

16 explanations about this fact, that you are three?

17 MR VUKOVIC: Mr Pisarevic and Mr Pantelic

18 are here present as initial attorneys for Mr Simic --

19 in fact, Mr Pisarevic took part in the surrender and

20 the transfer of Mr Simic to The Hague and to the

21 jurisdiction of the Tribunal, and Mr Pantelic also took

22 part in this process. So, on this basis, they are

23 together present, and are assisting me today.

24 JUDGE JORDA: Mr Simic, is it your desire

25 just for today -- could you please explain what is your

Page 63

1 position? Please be seated, Mr Vukovic. Mr Vukovic,

2 you can be seated.

3 Mr Simic, can you tell us what is your

4 attitude? You have three counsel today. You were

5 appointed one counsel by the Tribunal. Please

6 explain? Could you put the microphone on? Could you

7 please explain the situation about your counsel. There

8 are three counsel for you -- you had only one, and now

9 you have three people representing you. Could you

10 explain?

11 MR SIMIC: Yes, Drago Vukovic is my Defence

12 attorney. He was assigned to me by the Tribunal, and

13 Mr Pisarevic comes from the same town that I come from,

14 and is completely abreast of all developments in this

15 case, and has been coming to The Hague to prepare in

16 the conditions.

17 As far as the Rules of the Tribunal that only

18 one attorney may represent one accused, Mr Pisarevic is

19 involved in another case and Mr Pantelic is also

20 involved in a case of Mr Jelisic. However, they are

21 completely familiar with all the developments so far in

22 this case and Mr Vukovic is a new attorney who has been

23 assigned to me, whereas Mr Pantelic and Mr Pisarevic

24 have been familiar with all the proceedings so far, and

25 this is why I have asked them to be here.

Page 64

1 JUDGE JORDA: Thank you. Could the

2 Registrar tell us whether you have any particular

3 remarks you would like to make, because this concerns

4 particularly your Office?

5 THE REGISTRAR: Yes, the particular remark

6 would be that a Registrar cannot assign more than one

7 counsel -- in this case it is Mr Vukovic, so the

8 Registry can only take note that there are two other

9 counsel here on a pro bono basis.

10 JUDGE JORDA: Thank you, I will consult my

11 colleagues now. (Pause).

12 The judges of this Trial Chamber have found

13 out that it is a choice of the accused -- the choice of

14 Mr Simic concern only this motion hearing for

15 provisional release, and that is why the judges will

16 accept this situation. The judges take note that there

17 are no additional fees or no additional costs for the

18 Registry, and that the accused cannot repeat this

19 situation on another occasion, so this is a unique

20 situation that will apply only for today.

21 So, the judges would like that Mr Vukovic

22 from now on takes the Defence and pleads, so in case

23 this time round, Mr Vukovic, you need to consult your

24 colleagues, please feel free to do so.

25 Can we now take up the motion hearing on

Page 65

1 provisional release and I will give the floor, first,

2 to Mr Vukovic and, after that, we will ask the

3 Prosecution bench to explain their observations.

4 Mr Vukovic?

5 MR VUKOVIC: Your Honours --

6 JUDGE JORDA: My colleague tells me that in

7 case you would like to feel more comfortable, you may

8 use the microphone that is in front of Mr Pantelic and

9 he will certainly lend it to you. It will be much

10 easier and you will not have to bend so much.

11 MR VUKOVIC: As I said, on 17 March of this

12 year, the Defence submitted a motion for provisional

13 release of the accused, Milan Simic, and, with your

14 Honours' permission, I would just like to state for the

15 public record the basic submissions contained in this

16 motion.

17 First of all, I would like to point out that

18 Milan Simic voluntarily and unconditionally surrendered

19 to this Tribunal on 14 February 1998. During the

20 initial appearance before the Tribunal, the Office of

21 the Prosecutor, through its representative, pressed its

22 positive position in regard to provisional release and

23 then, pursuant to Rule 65, four conditions need to be

24 met for the provisional release and those are

25 exceptional circumstances, guarantee that the accused

Page 66

1 will appear for trial and that, if released, he will

2 not pose a danger to any victim, witness or other

3 person, as well as the approval of the host country.

4 I will now try to set out that all these four

5 conditions have been met. As far as the exceptional

6 circumstances are concerned, Mr Simic is a seriously

7 disabled person, he is hemiplegic, he is bound to a

8 wheelchair, he has no use of his legs and he has still

9 got a bullet lodged in his spine, he has the use of

10 only one kidney and one arm and, therefore, he requires

11 special conditions for his normal life.

12 He also requires assistance of highly

13 specialised medical personnel in order to conduct his

14 daily life, and he has been in this condition since the

15 day he was wounded.

16 I am only going to point out some problems

17 that he meets daily in the detention unit and I would

18 like to give Mr Simic an opportunity to personally tell

19 you what sort of problems he encounters on a daily

20 basis in the detention unit.

21 First of all, he needs to go to the hospital

22 every day at 5 o'clock in the afternoon. He goes there

23 and, until this time, he is isolated from the rest of

24 the detainees in the detention unit, so that, during

25 the period of time which is their free time for them,

Page 67

1 which is 5.30 until 8.30 in the evening, he cannot

2 socialise with them. Every morning he arrives in the

3 detention unit around 8.30, and he spends additional

4 two hours alone by himself, because he is unable to

5 take daily walks and, also, he, during the lunch

6 period, also remains detained.

7 While in the detention unit, he is unable to

8 take regular rests, because there are no -- he has no

9 conditions to lie down, so that, throughout the day, he

10 is bound to his wheelchair, which causes him

11 unnecessary pain. Also, the layout of the detention

12 unit is such that he cannot approach the toilet

13 facilities or the wash basin in his wheelchair, so that

14 he can only get some assistance from Mr Saric and

15 Mr Tadic who are from his home town and who have made

16 efforts to assist him, and I will leave Mr Simic to

17 elucidate further issues in this matter.

18 The next condition is the danger that he will

19 not appear for trial, that is, that he will escape.

20 The Defence points out that the accused surrendered

21 voluntarily, that he chose to place himself under the

22 jurisdiction of the Tribunal, and this proves that he

23 is willing to appear at trial as well as all additional

24 hearings, and he will answer any summons of the

25 Tribunal to appear for any portion of the proceedings.

Page 68

1 Also, as a disabled person bound to a

2 wheelchair, that implies that he would need much

3 greater effort and that it would be much more difficult

4 for him to try to escape and fail to appear before the

5 Trial Chamber.

6 As far as the third condition is concerned,

7 that is, that he may pose a threat to the victims or

8 witnesses, the Defence would like to point out that

9 Mr Simic is a family man, he lives with his wife. His

10 wife is a pillar in his life and she helps him daily to

11 get through the difficulties. She is a very popular

12 person among the citizens of her home town and, also,

13 in his family.

14 Mr Simic, furthermore, has never been

15 criminally prosecuted before, and, as a disabled

16 person, and given his character, he would not present a

17 threat or danger to any person with whom he may come

18 into contact.

19 I would also like to point out that the

20 accused has also given a written statement, which he is

21 prepared to repeat orally, that he commits to not

22 coming into contact with any potential witness or other

23 co-accused, so we believe that this condition of Rule

24 65(B) has also been met.

25 As far as the acceptance of the host country

Page 69

1 is concerned, we believe that, based on the past

2 practice of the Tribunal, should the Trial Chamber come

3 to the position that all other conditions for

4 provisional release of Mr Simic have been met, that the

5 host country will also go along with this decision.

6 Finally, we submit that all conditions

7 provided by Rule 65(B) have been met and, as the Office

8 of the Prosecutor also supported our motion for

9 provisional release, and in the letter of 12 March 1998

10 in which the Defence asked for the provisional release

11 and the OTP has responded favourably to that.

12 Furthermore, the Prime Minister of the

13 Republika Srbska, Mr Dodik, and Minister Stankovic have

14 also provided assurance to the Tribunal regarding the

15 provisional release of Mr Simic, and have assured the

16 Tribunal that they will take all necessary measures to

17 assure the provisional release of Mr Simic and will

18 post a bond of $US25,000 should Mr Simic fail to appear

19 at trial, as well as on the basis that Mr Simic himself

20 gave a written statement, which he will confirm here

21 orally, that he understands all the conditions set out

22 in the letter from 12 March 1998. The Defence

23 respectfully requests that the motion for provisional

24 release of Mr Simic be granted for humanitarian reasons

25 because the health conditions of Mr Simic are too

Page 70

1 difficult for Mr Simic to bear. Thank you.

2 JUDGE JORDA: Thank you, Mr Vukovic. I am

3 turning now to Ms Paterson and I would like to see what

4 the Office of the Prosecutor thinks of this matter.

5 Maybe you can complete -- we know the basis of your

6 position, but maybe you can complete it now. You have,

7 during the initial appearance, already indicated what

8 your position would be.

9 MS PATERSON: Yes, Mr President. As has

10 been stated, the Prosecution mentioned at the initial

11 appearance that, if we could receive sufficient

12 assurances that Mr Simic would return for trial, we

13 would look favourably on this motion. We have worked

14 for the last several weeks quite amicably with the

15 Defence towards this end and we think that we have

16 reached a point where we have now received the

17 assurances and guarantees that we find acceptable.

18 As Mr Vukovic said, pursuant to Rule 65(B) of

19 the Rules of Procedure and Evidence, if an accused can

20 establish that exceptional circumstances attach to the

21 case, the Trial Chamber may order the provisional

22 release of the accused prior to trial, if the Chamber

23 is satisfied that the accused will appear for trial and

24 will not pose a danger to any victim, witness or other

25 person.

Page 71

1 The Prosecutor is satisfied that, having

2 regard to the accused's serious physical handicaps

3 caused as a result of a shooting incident in February

4 1993, Milan Simic does meet the exceptional

5 circumstances test for provisional release. This

6 opinion has been formed after conferring with the

7 accused's Defence counsel and representatives of the

8 ICTY detention unit and after reviewing the accused's

9 medical records. While the accused himself, we

10 believe, will acknowledge that he has received the best

11 care available by the staff of the detention unit, it

12 is clear that the medical and physical facilities of

13 the detention unit cannot adequately meet the demands

14 of the accused's physical condition.

15 Due to the limited resources of the detention

16 unit, which are already stretched to the maximum, the

17 Prosecutor believes that it will be in the best

18 interests of the defendant to return to Bosanski Samac

19 where special physical provisions have been made for

20 his care.

21 In order to satisfy the Prosecutor that

22 sufficient guarantees were in place to assure the

23 return of the accused, and to monitor his presence at

24 his home at Bosanski Samac on a daily basis, as

25 Mr Vukovic has said, a letter of assurance was signed

Page 72

1 by Prime Minister Dodik and the Minister of Interior,

2 Stankovic, of the Republika Srbska, in which they both

3 agreed to guarantee the accused's return to the

4 Tribunal for his trial and for any other pre-trial

5 hearings that the Trial Chamber may order.

6 Furthermore, a set of detailed conditions has

7 been granted which, among other things, sets out some

8 procedure by which the local police and the IPTF will

9 monitor Mr Simic's physical presence at his home in

10 Bosanski Samac on a daily basis.

11 The Prosecutor would like to note that she

12 feels that the agreements reached in regard to these

13 assurances and conditions, secured from the authorities

14 of Republika Srbska, represent a significant advance in

15 the relationship and cooperation between the Tribunal

16 and Republika Srbska.

17 By signing the letter of assurance Prime

18 Minister Dodik and Minister of Interior Stankovic have

19 acknowledged the jurisdiction of the Tribunal to

20 prosecute the accused and they have stated their

21 commitment to respect and abide by any orders issued by

22 the Tribunal in regard to this case.

23 It must be stressed, however, that the fact

24 that the accused is being provisionally released should

25 not be interpreted to mean that the Prosecution does

Page 73

1 not intend to proceed to trial and to vigorously

2 prosecute this case. Prior to rejecting a plea offer

3 made by the Prosecution, Milan Simic was informed that

4 the Prosecution has significant evidence against him,

5 and that, should he reject the plea offer, the

6 Prosecution intended to amend the indictment and add

7 additional charges against him for other beatings

8 inflicted on additional victims.

9 This course of action will be followed as

10 stated. Despite the strong case against Mr Simic the

11 Prosecutor is satisfied that due to his physical

12 disabilities, the accused does not pose a threat to any

13 of the Prosecution witnesses. The Prosecution is also

14 satisfied that Mr Simic does intend to return to the

15 court to defend the charges against him, and he is

16 aware of the fact that when he returns, he will have to

17 surrender himself to the ICTY detention unit where he

18 will remain for the duration of the trial.

19 As Mr Vukovic has stated, Prime Minister

20 Dodik and Minister of Interior Stankovic have signed a

21 letter of assurance which was drafted by the Office of

22 the Prosecutor. That document has been signed.

23 I believe Mr Vukovic has the original and copies have

24 been provided to the court.

25 In addition, the Prosecution has drafted a

Page 74

1 number of conditions, the majority of which were

2 discussed with the Defence counsel and with Mr Simic

3 prior to court with only a few very minor changes.

4 I have that document with me today and we would like to

5 have Mr Simic and Mr Vukovic sign that today here in

6 the court.

7 In addition, I am informed by the Registrar

8 that the Defence has secured a bail bond or a bank

9 letter of guarantee for the amount of $US25,000 which

10 they are prepared to post with the Registrar, which

11 will be payable to the Registrar of the Tribunal,

12 should Mr Simic fail to return for trial.

13 Finally, I am also informed by the Registrar

14 that they have received I believe documentation from

15 the host country that, if these proceedings are

16 approved by the Trial Chamber, that they have no

17 objection to the provisional release of this defendant.

18 JUDGE JORDA: Thank you, Ms Paterson.

19 Before asking for additional explanations, I will turn

20 to Mr Simic.

21 Mr Simic, you have heard what your counsel

22 has stated and I think that he said that you also

23 wanted to add something. You have heard the

24 Prosecution. So could you tell us what is your point

25 of view, first of all, of your physical state, which is

Page 75

1 the basis of this request, and also something about a

2 commitment you have made? Can you solemnly commit

3 yourself to the requests of this Trial Chamber?

4 Mr Simic, please.

5 MR SIMIC: Thank you for giving me an

6 opportunity to say a few words. I would first like to

7 state that I am very happy that, with respect to the

8 OTP and the Defence, that everybody is aware of the

9 fact that the conditions for my staying in the

10 detention unit are not adequate. I would not like to

11 burden you with additional details about the conditions

12 that I daily have to fight against and I am just going

13 to point out that I only fear that I may suffer

14 decubitus, which is open wounds on my legs, which are

15 immovable. This is the worst thing that can affect a

16 paraplegic person. I have had no such problems before

17 I arrived in The Hague, and, unfortunately, a few days

18 ago, I did get an open wound a few days ago, which is

19 why I had to appear here in slippers today. This just

20 illustrates the inadequate conditions that I am faced

21 with in the detention unit. If needed, I can provide

22 many additional details about my health condition.

23 JUDGE JORDA: No, Mr Simic, we do not need

24 to have any details. This is a public hearing, so

25 there is no need to go into any details. Your counsel

Page 76

1 gave us enough information and so we are fully aware of

2 the physical condition you are in, and your situation

3 in the detention unit. We are aware of your

4 difficulties. I would like to insist on the guarantees

5 that you gave. The Prosecutor mentioned the

6 possibility of pressing additional charges against you

7 and amending the indictment. I would like to know how

8 are you going to be represented once the trial starts,

9 because this trial is going to take place.

10 Could you tell us something about your solemn

11 commitment that you will be represented and how do you

12 see this solemn commitment before the trial and your

13 being represented there?

14 MR SIMIC: I have been prepared for this

15 from the beginning. I am prepared to proceed to trial

16 and this is why I voluntarily surrendered here --

17 I want to be tried here as soon as possible. There is

18 absolutely no problem for me to appear before this

19 Trial Chamber whenever necessary.

20 I am hopeful that at least some basic things

21 may be resolved in the detention unit prior to my next

22 appearance there. I realise that these conditions

23 cannot be made perfect, but I would hope that certain

24 conditions may be improved so that my stay there may be

25 made easier.

Page 77

1 As far as my appearance here is concerned,

2 I 100 per cent assure the Tribunal that I will

3 reappear.

4 JUDGE JORDA: At this stage, I would like to

5 turn to the Registry and we know that, by experience,

6 the trials here can take some time.

7 Mr Registrar, today, when the trial date will

8 be set, do you think that conditions in the detention

9 unit can be changed so that the accused does not find

10 himself in exactly the same situation -- if this Trial

11 Chamber grants the provisional release for Mr Simic can

12 you tell us how the situation will look like when he

13 comes back for trial?

14 THE REGISTRAR: Your Honour, the Registry

15 has enough time to modify the detention cell and adapt

16 it to the needs of Mr Simic, but, nevertheless, we do

17 need some time that will allow us to appropriately

18 adapt the detention cell. We have to say that the

19 conditions of Mr Simic were unknown to us prior to his

20 arrival at The Hague. We have already made some

21 dispositions to adapt cells for his particular

22 situation.

23 JUDGE JORDA: As you already have the floor,

24 Mr Registrar, can you tell us about the bail bond of

25 $25,000; what is it?

Page 78

1 THE REGISTRAR: It is a letter of

2 assurance, which is a formal commitment made by the

3 representatives of the Republika Srbska -- this is not

4 a guarantee deposit in cash.

5 JUDGE JORDA: Thank you, Mr Registrar. This

6 is not a proper bail and it is not actually given by

7 the accused. In a traditional system where I come

8 from, once somebody is granted bail, this sum is an

9 important sum of money, which is provided by the

10 accused and, first of all, it is the accused who gave

11 away this sum of money and so he commits himself not to

12 lose this considerable sum of money. Could you tell

13 us, you were the one who negotiated this with the

14 authorities of Republika Srbska and I have here the

15 letter of the correspondence where we have the

16 signatures of the Prime Minister Mr Dodik and the

17 Minister of the Interior, Mr Stankovic.

18 We have some problems here with the

19 technology. We have something called bail -- what we

20 call "bail" in my country, the sum of money is very

21 important and is always given by the accused, as far as

22 I know. The accused has not disposed of $25,000.

23 Ms Paterson, could you tell us more about

24 it. What is your position?

25 MS PATERSON: It has been explained to me

Page 79

1 that the different judicial systems do have different

2 approaches to this issue. I approached the Registrar

3 prior to finalising these agreements and asked them to

4 look into the matter of what was appropriate, and what

5 was going to be satisfactory to the Registrar --

6 whether it should be a bank letter of credit, a bail

7 bond as we know it in the system that I am familiar

8 with, or whether in fact it should be a cash deposit.

9 As the court knows, Mr Simic has filed notice

10 with the court that he has declared himself indigent

11 and does not have enough money to pay for his

12 attorneys, so clearly he cannot personally pose

13 $US25,000 as bail. When this issue was discussed with

14 the Prosecutor, she felt that it was an additional

15 necessity for her to be satisfied that Mr Simic would

16 return and that we had sufficient assurances of a

17 return, that this bail bond be posted.

18 The reason we are using the terminology "bail

19 bond", is because that is the terminology that is used

20 in the Statute. In Rule 65(C) it states that the Trial

21 Chamber may impose such conditions upon the release of

22 the accused as it may determine appropriate, including

23 the execution of a bail bond and the observance of such

24 conditions as are necessary to ensure his presence for

25 trial, and the protection of others.

Page 80

1 During my discussions with Defence counsel,

2 I informed them that the issue concerning the posting

3 of the bail bond was entirely up to the Registrar and

4 to the Trial Chamber, that the decision was to be made

5 by the Trial Chamber, and that in addition to being

6 prepared to post the bail bond, that they should also

7 be prepared for the possibility of needing to supply a

8 cash deposit, because, if that is what was more

9 acceptable to the Trial Chamber, then obviously that is

10 your decision to make.

11 I believe that the Registrar determined that,

12 because the Statute states "bail bond", presumably such

13 a document should be acceptable to the court. So, this

14 is the reason why we have pursued the procedures that

15 we have. The reason that Mr Simic is not posting the

16 money is that he has declared himself indigent and the

17 Government of Republika Srbska, along with the

18 assurance of Mr Dodik and Mr Stankovic have also agreed

19 to post this money as a further guarantee that they

20 will stand behind their statement that Mr Simic will

21 return to the court. However, we leave it up to the

22 discretion of the Trial Chamber what form of posting

23 the Chamber finds most appropriate, be it a bail bond,

24 a bank letter of credit, or a cash deposit.

25 JUDGE JORDA: Thank you for your

Page 81

1 explanations. I will now consult my colleagues. Would

2 you like to ask any questions? Judge Rodrigues?

3 Does the Registry have any remarks to make,

4 because these are different points we address here for

5 the first time? Yes, Mr Registrar.

6 THE REGISTRAR: There is something I would

7 like to spell out, nevertheless. According to our

8 rules, the financial rules of the United Nations, we

9 are not allowed to cash such a sum -- no sum at all

10 really, not even on a temporary basis. As we have a

11 third party who is paying and its liquidity is not in

12 doubt, so we have come to the conclusion that the

13 practice current in a number of States is enough,

14 because there is personal appreciation. I think that

15 is due to the fact that the United Nations deemed that

16 the countries have always cooperated with the United

17 Nations Tribunal, so that is the reason for it. Do you

18 have anything to add before the end of our hearing,

19 please?

20 JUDGE JORDA: Are there any additional

21 remarks? Ms Paterson, maybe you have a final remark to

22 make?

23 MS PATERSON: I do not know what procedure

24 you were planning to follow, Mr President. I would

25 like to have just to go through the procedure of having

Page 82

1 the Defence file with the court the original of the

2 assurance and then I would like to have the conditions

3 that we have drafted signed here in court by Mr Simic

4 and I would ask that the two documents either be read

5 into the record, or that, similar to a type of a

6 plea --

7 JUDGE JORDA: First of all, the letter of

8 assurance -- it is the Defence who got it or the

9 Prosecutor -- who has this letter? Mr Vukovic, do you

10 have the letter of assurance? I have a translation of

11 it. I think we were given this by the translation

12 services. It is a letter of assurance by the

13 authorities of Republika Srbska.

14 MR VUKOVIC: The Defence is in the

15 possession of the original of this letter, which it

16 will now submit.

17 JUDGE JORDA: You can file it with the

18 Registrar. They will give it to the Trial Chamber.

19 When it comes to the conditions, could you,

20 Ms Paterson, say or remind us of the obligations that

21 Mr Simic undertakes to abide by?

22 Ms Paterson, could you remind us of those

23 conditions.

24 MS PATERSON: I will read the conditions to

25 the court. This document is entitled "Conditions for

Page 83

1 the Provisional Release of Milan Simic":

2 "Pursuant to Rule 65(C) of the Rules of

3 Procedure and Evidence (the Rules), Milan Simic

4 undertakes that, if provisionally released from custody

5 prior to trial, he will:

6 (1) waive his right to appear at all

7 pre-trial proceedings;

8 (2) return to The Hague and surrender himself

9 to the custody of the detention unit of the

10 International Criminal Tribunal for the Former

11 Yugoslavia (ICTY) to be present for any pre-trial

12 proceeding if ordered to attend by the Trial Chamber;

13 and

14 (3) return to The Hague and surrender himself

15 to the custody of the ICTY detention unit two weeks

16 prior to the beginning of the trial.

17 Furthermore, Milan Simic undertakes that, if

18 provisionally released from custody prior to trial, he

19 will observe all of the following conditions:

20 (1) return to and remain within the confines

21 of the municipality of Bosanski Samac;

22 (2) upon arrival in Bosanski Samac, surrender

23 his passport to the International Police Task Force

24 (IPTF) office responsible for the municipality of

25 Bosanski Samac who will then turn the passport over to

Page 84

1 the Office of the Prosecutor who will maintain control

2 of the passport until needed;

3 (3) meet once a day with the local Bosanski

4 Samac police, who will maintain a log and file a daily

5 written report confirming accused's presence at his

6 residence every day until his return to The Hague;

7 (4) not have contact in any manner whatsoever

8 with any of the co-accused, specifically Slobodan

9 Miljkovic, Blagoje Simic, Miroslav Tadic, Stevan

10 Todorovic or Simo Zaric;

11 (5) not have any contact whatsoever with any

12 Prosecution witnesses for his trial (the names of whom

13 will have been provided to his Defence counsel pursuant

14 to the Rules);

15 (6) will assume responsibility for all

16 expenses regarding transportation to Bosanski Samac and

17 back to The Hague by mode of transportation previously

18 agreed to by the Registrar of the ICTY.

19 Furthermore, Milan Simic undertakes that, if

20 provisionally released from custody prior to trial, he

21 will be obligated, in case of default on any of the

22 above conditions, for payment to the Registrar of the

23 ICTY of the amount of $US25,000 secured by a bail bond

24 posted with the Registry by representatives of the

25 entity known as Republika Srbska.

Page 85

1 Furthermore --"

2 JUDGE JORDA: You are speaking about

3 guarantee, these assurances -- okay, please go on.

4 MS PATERSON: "Furthermore, Milan Simic

5 understands that:

6 The IPTF officers responsible for the

7 municipality of Bosanski Samac will check the log and

8 written reports of the Bosanski Samac police on a

9 weekly basis, may personally visit the accused once a

10 week if they so choose, and have permission to make

11 additional unannounced visits to the accused's

12 residence to confirm his presence;

13 The IPTF office responsible for the

14 municipality of Bosanski Samac will review the records

15 and logs kept by the local police and will provide

16 relevant information to the OTP regarding the proper

17 maintenance of the records and logs.

18 Furthermore, Milan Simic understands that:

19 (1) should he require medical treatment

20 outside the confines of the municipality of Bosanski

21 Samac he will file a written request for permission to

22 leave the municipality with the Trial Chamber and said

23 request must be approved in writing prior to his

24 departure from the municipality;

25 (2) should he require emergency medical

Page 86

1 treatment of such urgency that a written request for

2 permission to leave the municipality cannot be

3 obtained, prior to his departure from the municipality

4 the Registrar of the ICTY and the IPTF office

5 responsible for the municipality of Bosanski Samac must

6 be notified by telephone of the reasons for his

7 departure and his destination;

8 (3) failure to comply with any of these

9 provisions will constitute an immediate violation of

10 this agreement and will give the OTP the right to

11 demand the immediate return of the accused to the ICTY

12 detention centre in The Hague;

13 (4) failure to comply with any of these

14 provisions will constitute an immediate violation of

15 this agreement and will give the OTP the right to

16 demand the immediate forfeiture of the bail bond in the

17 amount of $US25,000 posted with the Registry by

18 representatives of the entity known as Republika

19 Srbska; and

20 (5) should the accused or any of the relevant

21 authorities of the Republika Srbska fail to abide by

22 this agreement, such failure will be reported

23 immediately to the office of the High Representative

24 for Bosnia-Herzegovina. The Office of the High

25 Representative then may undertake whatever actions it

Page 87

1 deems appropriate in regard to the failure of the

2 representatives of Republika Srbska to abide by this

3 agreement and SFOR will then have full authority to

4 detain Milan Simic by whatever means necessary and

5 thereafter transfer him as soon as practicable to the

6 custody of the OTP of the ICTY for transfer back to The

7 Hague."

8 We ask this document be signed by both

9 Mr Simic and Mr Vukovic.

10 JUDGE JORDA: Yes, this document will be

11 signed. I suppose you would like it to be signed

12 straight away. We could maybe ask the Registry to pass

13 it on to Mr Simic and Mr Vukovic. I would nevertheless

14 like to ask the Registry to enquire about the actual

15 providing of this cash deposit or the bail bonds.

16 Do you have any additional remarks to make,

17 Mr Vukovic, which does not give us any indications of

18 the final decision, final ruling of the judges. It is

19 something that is only going to be taken into account

20 when the judges are going to rule on provisional

21 release of the accused.

22 Ms Paterson, do you have any additional

23 remarks to make?

24 MS PATERSON: Just, Mr President, if you

25 would also bear with me, I would like to read into the

Page 88

1 record the exact wording of the assurance that was

2 signed by Prime Minister Dodik and Mr Stankovic.

3 JUDGE JORDA: Yes, it is alright. This is a

4 public hearing. I think it is a good thing to do, but

5 once a document will be signed, I would like it to be

6 filed with the Registry. Ms Paterson, please go on.

7 MS PATERSON: Yes, Mr President. This

8 document is entitled, "Assurance of the Authorities of

9 Republika Srbska Regarding the Provisional Release of

10 Milan Simic":

11 "Milan Simic, son of Vojin, born 9 August

12 1966, residing at Jovana Cvijica 29, Bosanski Samac,

13 Bosnia-Herzegovina, within the entity known as

14 Republika Srbska, is currently charged with a grave

15 breach of the Geneva Conventions, pursuant to Article

16 2(c) of the Statute of the International Criminal

17 Tribunal for the Former Yugoslavia (the Statute), a

18 violation of the laws and customs of war, pursuant to

19 Article 3(1)(a) of the Statute, and a crime against

20 humanity, pursuant to Article 5(i) of the Statute. On

21 14 February 1998, Milan Simic voluntarily surrendered

22 himself to the Bosanski Samac police who then escorted

23 him to the nearest International Stabilisation Force

24 (SFOR) base where he was detained before being arrested

25 by the Office of the Prosecutor of the International

Page 89

1 Criminal Tribunal for the Former Yugoslavia (ICTY).

2 Since 15 February 1998, Milan Simic has been detained

3 pending trial at the United Nations detention centre in

4 The Hague, Netherlands.

5 Through his Defence counsel, Drago Vukovic,

6 Milan Simic has asked the Office of the Prosecutor

7 (OTP) to consider agreeing to his provisional release

8 pending trial pursuant to Rule 65 of the Rules of

9 Procedure and Evidence (the Rules).

10 Milan Simic contends that he qualifies for

11 the exceptional circumstances provision of Rule 65(B)

12 of the Rules due to his serious physical disabilities

13 which have resulted in his confinement to a wheelchair.

14 Pursuant to Rule 65(B) of the Rules, an

15 accused may only be provisionally released 'in

16 exceptional circumstances, after hearing the host

17 country and only if [the Trial Chamber] is satisfied

18 that the accused will appear for trial and, if

19 released, will not pose a danger to any victim, witness

20 or other person.' Furthermore, pursuant to Rule 65(C)

21 of the Rules 'the Trial Chamber may impose such

22 conditions upon the release of the accused as it may

23 determine appropriate.'

24 In response to a request for a provisional

25 release pursuant to Rule 65 of the Rules made by

Page 90

1 accused Milan Simic, the undersigned, as

2 representatives of the entity known as Republika Srbska

3 guarantee that should Milan Simic fail to comply with

4 any of the conditions of his provisional release

5 detailed on the attached document, the Ministry of

6 Interior and all other relevant authorities of the

7 Republika Srbska will execute and comply with any order

8 pursuant to this request for provisional release issued

9 by the Trial Chamber of ICTY and thereby ensure the

10 return of Milan Simic to the seat of the Tribunal in

11 The Hague for trial.

12 Furthermore, the undersigned authorities of

13 Republika Srbska agree to execute a bail bond in the

14 amount of $US25,000 payable to the Registrar of the

15 ICTY, as further assurance that the accused will return

16 to The Hague as required by the Tribunal in relation to

17 the charges detailed above. Said bail bond would

18 become due on the date authorities of Republika Srbska

19 fail to comply with this agreement.

20 Should the undersigned or any other relevant

21 authorities of the Republika Srbska fail to abide by

22 this agreement, such failure will be reported

23 immediately to the office of the High Representative

24 for Bosnia-Herzegovina. The Office of the High

25 Representative then may undertake whatever actions it

Page 91

1 deems appropriate in regard to the failure of the

2 representatives of Republika Srbska to abide by this

3 agreement and SFOR will then have full authority to

4 detain Milan Simic by whatever means necessary and

5 thereafter transfer him as soon as practicable to the

6 custody of the OTP of the ICTY for his return to The

7 Hague."

8 This document was signed by Milan Stankovic

9 and Milorad Dodik. Unfortunately I am not sure of the

10 exact date on which this document was signed.

11 JUDGE JORDA: Do we know the exact date?

12 Mr Vukovic, do you know the exact date when

13 this document was signed?

14 MR VUKOVIC: The document was signed on 20

15 March of this year.

16 JUDGE JORDA: We will add on to this

17 document, "done on 20 March 1998 by a statement of

18 Mr Vukovic, Defence counsel for Mr Simic."

19 Any additional remarks that need to be made?

20 The Chamber will rise. The ruling will be given during

21 this morning and the Registrar will deal with that.

22 (10.05)

23 (Hearing adjourned)