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IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of:
29 June 2000
PROSECUTOR
v.
BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC
______________________________________________________
DECISION ON APPLICATION OF THE ACCUSED
MR. MIROSLAV TADIC TO PROVISIONALLY LEAVE
HIS RESIDENCE FOR MEDICAL EXAMINATIONS
______________________________________________________
The Office of the Prosecutor:
Ms. Nancy Paterson
Ms. Suzanne Hayden
Counsel for the accused:
Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, 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 an "Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Examinations" filed on 15 June 2000 ("the Application"), and the reply of the Office of the Prosecutor ("Prosecution"), filed on 27 June 2000, opposing the Application,
NOTING that the accused, Miroslav Tadic, was granted provisional release by this Trial Chamber on 4 April 2000, subject to certain conditions, including the requirement "to remain within the confines of the municipality of Bosanski Samac",
NOTING that the accused now seeks permission to leave the municipality in which he resides and to travel to Belgrade, Federal Republic of Yugoslavia, for a specified medical examination,
CONSIDERING the history of non-cooperation with the International Tribunal evidenced to date by the Federal Republic of Yugoslavia, and the risk of non-appearance of the accused for trial if permitted to travel to the Federal Republic of Yugoslavia,
CONSIDERING that, although the accused should not be deprived of obtaining treatment indispensable for his health, on the material provided the Trial Chamber is not satisfied that the specified examination is either necessary or unavailable elsewhere,
PURSUANT to Rule 65 of the Rules,
HEREBY DENIES the Application without prejudice to any further application, supported by a second opinion, for the specified examination in a different location.
Done in English and French, the English text being authoritative.
__________________________________
Patrick Robinson
Presiding Judge
Dated this twenty-ninth day of June 2000
At The Hague
The Netherlands
[Seal of the Tribunal]
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