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IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 15 February 1999
PROSECUTOR
v.
Blagoje SIMIC
Milan SIMIC
Miroslav TADIC a/k/a Miro BRKO
Stevan TODOROVIC a/k/a Stiv a/k/a Stevo a/k/a MONSTRUM
Simo ZARIC a/k/a SOLAJA
___________________________________________________________
DECISION ON MOTION FOR PROVISIONAL RELEASE OF MIROSLAV TADIC
___________________________________________________________
The Office of the Prosecutor:
Ms. Anne-Birgitte Haslund
Ms. Nancy Paterson
Ms. Mary MacFadyen
Counsel for the Accused:
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 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 a "Request for provisional release of Mr. Miroslav Tadic" filed on behalf of the accused, Miroslav Tadic, on 19 January 1999 ("the Motion") and the "Prosecutors Response to the Defence Request for Provisional Release of Miroslav Tadic" filed by the Office of the Prosecutor ("Prosecution") on 28 January 1999,
NOTING that, pursuant to Rule 65 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), provisional release may only be ordered in exceptional circumstances,
NOTING FURTHER that the practice of the International Tribunal on this point is well established (see, for example, the decisions of Trial Chamber I in Prosecutor v. Tihomir Blaskic, and of Trial Chamber II in Prosecutor v. Delalic et al, Prosecutor v. Kupreskic et al and Prosecutor v. Milan Kovacevic),
CONSIDERING that the accused, Miroslav Tadic, has failed to establish that exceptional circumstances exist to justify release in this case,
PURSUANT TO Rule 65 of the Rules
HEREBY DENIES the Request for Provisional Release of Miroslav Tadic.
Done in both English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this fifteenth day of February 1999
At The Hague
The Netherlands
[Seal of the Tribunal]
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