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Lasva Valley, Prosecutor v. Kupreskic et al., Decision on the Motion for Provisional Release by Dragan Papic, IT-95-16 (ICTY TC, Sep. 14, 1999)

IN THE TRIAL CHAMBER

Before:
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
14 September 1999

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

___________________________________________________________

DECISION ON THE MOTION FOR PROVISIONAL RELEASE
BY DRAGAN PAPIC

_________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

1. TRIAL CHAMBER II of the International Criminal Tribunal for the Former Yugoslavia has been seised of a motion by the accused Dragan Papic of 10 September 1999 in which he requests the Trial Chamber to grant him provisional release.

2. The accused relies on substantially the same points as those made in his motion of 27 July 1999, viz. the consequences to his family and especially his children, of his continued detention, his surrender to the Tribunal, that he would not interfere with witnesses and that he would accept any conditions set and follow any summons issued by the Chamber. The Trial Chamber considered these points and refused that motion in its decision of 30 July 1999.

3. The Trial Chamber is unable to find that exceptional circumstances have been shown in the motion of the accused. The fact that the accused’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.

The motion is therefore

DENIED.

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

___________________________
Judge May

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

[Seal of the Tribunal]

 

   

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