Case No.: IT-02-54-T


Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Mr. Hans Holthuis

Decision of:
6 March 2002







The Office of the Prosecutor

Mr. Geoffrey Nice
Mr. Dirk Ryneveld
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff


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 ("International Tribunal"),

BEING SEISED of an oral request for provisional release raised by the accused during the proceedings on 26 and 27 February 2002, seeking provisional release so that he may adequately prepare for and conduct his own defence,

NOTING that the accused also raised this issue in proceedings before the Appeals Chamber on 30 January 2002,

NOTING the comments of the amici curiae on 27 February 2002 in support of the application insofar as provisional release may be necessary to ensure adequate preparation of the defence,

NOTING that the Prosecution has not been called upon to respond formally to the request,

NOTING that the accused is conducting his defence in person and that the reason given by the accused for requesting provisional release is that it would enable him adequately to prepare for and conduct his own defence,

CONSIDERING the obligation on the Trial Chamber to ensure that the accused receives a fair trial, including his right to have adequate time and facilities for the preparation of his defence,

CONSIDERING that, while recognising the practical difficulties faced by the accused in the preparation of his defence, his right to have adequate time and facilities for the preparation of his defence may be safeguarded by means other than provisional release,

CONSIDERING that the trial has commenced and that the Trial Chamber is not satisfied that the accused, if released, would continue to appear for trial and would not pose a danger to any victim, witness or other person,

PURSUANT TO Rule 65 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY DENIES the request for provisional release.


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

Richard May

Dated this sixth day of March 2002
At The Hague
The Netherlands

[Seal of the Tribunal]