Bosanski Samac, Prosecutor v. Simic et al., Decision Relating to the Trial Chamber's Ruling on the Basis of Written Submissions Prior to Holding Oral Arguments as Scheduled, IT-95-9-A (ICTY AC, Jul. 28, 1999)

IN THE APPEALS CHAMBER

Before:
Judge Gabrielle Kirk McDonald, Presiding
Judge Mohamed Shahabuddeen
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Florence Ndepele Mwachande Mumba

Registrar:
Dorothee de Sampayo Garrido-Nijgh

Decision of:
28 July 1999

The Prosecutor

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

________________________________________________

DECISION RELATING TO THE TRIAL CHAMBER’S RULING ON THE BASIS OF WRITTEN SUBMISSIONS PRIOR TO HOLDING ORAL ARGUMENTS AS SCHEDULED

_________________________________________________

Office of the Prosecutor:

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

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

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 by Counsel for Miroslav Tadic ("Request for Provisional Release" and "Defence", respectively);

NOTING the "Scheduling Order" dated 28 January and filed the following day, in which Trial Chamber III ordered that oral arguments be heard inter alia on the Request for Provisional Release 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 Defence Motions for Provisional Release of Mr. Miroslav Tadic and Mr. Simo Zaric" filed on 18 February 1999, wherein the Defence declared that it "reserveSdC its right for oral submissions S…C and, also, for providing of some additional documents in support of the issue of provisional release of the Accused";

NOTING that a member of Trial Chamber III during the hearing on 23 February 1999 stated that it had not been deemed necessary to have an oral hearing on the Request for Provisional Release and that the Decision therefore had been taken solely on the basis of the written submissions of the parties;

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 by the Defence on 2 March 1999;

NOTING the "Decision on Application by Miroslav Tadic for Leave to Appeal Against Decision on Provisional Release", issued on 8 June 1999, whereby a Bench of the Appeals Chamber granted leave to appeal;

NOTING the "Appellant’s Brief" filed on 21 June 1999, the "Prosecution’s Response to Miroslav Tadic’s Appeal Brief" filed on 25 June 1999, and the "Appellant’s Reply to the Prosecutor’s Response" filed on 30 June 1999;

CONSIDERING that by scheduling an oral hearing the Trial Chamber created an expectation on the part of the Defence to have an oral hearing on its Request for Provisional Release prior to the issuance of a decision on the request and that the decision was rendered contrary to this expectation;

HEREBY VACATES the Decision; and

DIRECTS the Trial Chamber to hold an oral hearing on the Request for Provisional Release.

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

______________________________
Gabrielle Kirk McDonald
Presiding

Dated this twenty-eighth day of July 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]

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