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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 the "Motion for Provisional Release of Milan Simic" filed on behalf of the accused Milan Simic ("the Accused") on 16 December 1999 ("the Motion"), requesting provisional release from detention on humanitarian grounds relating to his health, subject to certain terms and conditions as set out in the Motion,

NOTING the "Prosecution’s Response to Milan Simic’s Request for Provisional Release", filed by the Office of the Prosecutor ("Prosecution") on 22 December 1999 ("the Response"),

NOTING the "Reply to the Prosecutor’s Response to Milan Simic’s Request for Provisional Release" filed by the Accused on 10 January 2000 ("the Reply"),

NOTING the Scheduling Order issued by the Trial Chamber on 19 April 2000,

NOTING the "Prosecution’s Further Observations in Connection with the Simic Motion for Provisional Release" ("Prosecution’s Further Observations") filed by the Prosecution on 26 April 2000,

CONSIDERING that the Trial Chamber is not yet satisfied that sufficient guarantees exist for the granting of the Request,

HEREBY ORDERS the Defence for Milan Simic within fourteen days to provide to the Trial Chamber

1. The following undertakings and guarantees in writing from the appropriate authorities:

(a) a guarantee that, if the Trial Chamber decides to grant the Request, a designated official of the Republic of Bosnia and Herzegovina shall:

i. take custody of the accused from the Dutch authorities at Schiphol airport at a date and time to be determined by the Trial Chamber;
ii. accompany the accused for the duration of his travel to Bosnia and Herzegovina; and
iii. accompany the accused back from Bosnia and Herzegovina to Schiphol airport and deliver the accused back to the Dutch authorities at a date and time to be determined by the Trial Chamber;

(b) that the local Bosanski Šamac police will ensure that the accused reports to the police station each day, maintain a log and file a monthly written report confirming the accused’s compliance, and immediately report a failure to attend by the accused to the International Tribunal;

(c) detain the accused immediately should he attempt to escape or breach any of the terms of his provisional release (as notified to the Republic of Bosnia and Herzegovina by the International Tribunal), and advise the International Tribunal so that arrangements for his transfer back to the International Tribunal can be made; and

2. The following undertakings and guarantees in writing from the accused:

(d) that, whilst on provisional release, the accused shall remain within the confines of the municipality of Bosanski Šamac;

(e) that, whilst on provisional release, the accused shall surrender his passport to the International Police Task Force (IPTF) in Orašje or to the Office of the Prosecutor in Sarajevo;

(f) that, whilst on provisional release, the accused shall report once per day to the local Bosanski Šamac police;

(g) that, whilst on provisional release, the accused shall consent to have the ITPF check with the local police about his presence and to the making of occasional, unannounced visits to the accused;

(h) that, whilst on provisional release, the accused shall undertake not to have any contact with any other co-accused in the case;

(i) that, whilst on provisional release, the accused shall undertake not to have any contact whatsoever nor in any way interfere with any persons who may testify at his trial;

(j) that, whilst on provisional release, the accused shall undertake not to discuss his case with anyone other than his counsel;

(k) that, whilst on provisional release, the accused shall assume responsibility for all expenses concerning transport from Schiphol airport to Bosanski Samac and back, and the accused shall produce to the Trial Chamber a valid open-dated air ticket from Schiphol airport to the closest airport to Bosanski Šamac; and

(l) that the accused shall undertake to comply strictly with any order of this Trial Chamber varying the terms of or terminating his provisional release.

The Trial Chamber remains seised of this matter.

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

____________________
Patrick Robinson
Presiding Judge

Dated this sixteenth day of May 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

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