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1. TRIAL CHAMBER II of the International Criminal Tribunal for the Former Yugoslavia has been seised of motions by the accused Mirjan and Zoran Kupreskic of 3 September 1999, and by the accused Drago Josipovic of the same date, in which they ask for provisional release. The accused Josipovic has filed an addition to his motion on 8 September 1999.

2. The accused Mirjan and Zoran Kupreskic argue that their mother was hospitalised on 15 August 1999 and will have to stay in hospital for at least a month. The doctor’s certificate enclosed with the motion states that the illness of the accused’s mother has been a longtime condition and that she is in hospital for the purposes of recuperation. The accused do not allege that she is in a critical condition of health or that her absence will pose any substantial hardship to their families. The accused have also tendered a declaration by the authorities of the Federation of Bosnia and Herzegovina in which the latter undertake to arrest the accused and return them to the Tribunal should they try to escape.

3. The accused Drago Josipovic points out that since the death of his mother his children have been without sufficient parental care, because his wife is not in a position to look after them on account of her being the sole breadwinner for the family. He feels that a temporary release will help in their upbringing and education. He has also tendered undertakings by the Federation to the same effect as the accused Kupreskic.

4. The Prosecutor has filed responses to the motions on 8 September 1999 in which she argues that there are no exceptional circumstances within the meaning of Rule 65 of the Rules of Procedure and Evidence. In addition, she points out that the assurances given by the Federation to the counsel of the accused are at odds with the official position taken on 26 July 1999 when faced with the requests by the Trial Chamber; even the Defence had stated in its motion for leave to appeal of 6 August 1999 that "no authority can give the guarantee of arrest of the person choosing to escape". With regard to the accused Josipovic, the Prosecutor also alleges that the arguments put forward by him had already been dealt with by the previous decisions of the Trial Chamber and the Appeals Chamber and thus present no new issues.

5. The Trial Chamber is unable to find that exceptional circumstances have been shown in the motions of the three accused.

6. The hospital treatment of the mother of the accused Mirjan and Zoran Kupreskic is in itself no reason why they should be temporarily released, all the more so because the health of their mother does not seem to be in any kind of critical condition. The accused have not shown that they or their families would suffer any exceptional hardship because of this that would go beyond the usual consequences of their detention.

7. The fact that Drago Josipovic’s family is experiencing difficulties, and especially that his children are left without the parental guidance of their father, is a common consequence of his being in custody and thus not an exceptional circumstance, either.

8. The Trial Chamber does not consider it necessary to examine the assurances of guarantees offered by the Federation of Bosnia and Herzegovina in view of its 8. findings above.

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

___________________________
Judge May

Dated this thirteenth day of September 1999
At The Hague
The Netherlands

[Seal of the Tribunal]

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