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Bosanski Samac, Prosecutor v. Simic et al., Decision on Miroslav Tadic's Application to Provisionally Leave His Residence for Medical Examination, IT-95-9 (ICTY TC, Mar. 27, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
27 March 2001

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

___________________________________________

DECISION ON MIROSLAV TADIC’S APPLICATION TO PROVISIONALLY
LEAVE HIS RESIDENCE FOR MEDICAL EXAMINATION

___________________________________________

The Office of the Prosecutor:

Ms. Nancy Paterson

Counsel for the accused:

Mr. Igor Pantelic, for Blagoje Simic
Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
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 the "Application of the Accused Mr. Miroslav Tadic to Provisionally Leave his Residence for Medical Check-up" filed on behalf of the accused Miroslav Tadic ("the Accused") on 13 March 2001, requesting permission from the Trial Chamber to leave his residence in order to undergo an additional medical check-up at the Clinical Hospital Centre in Banja Luka, Republika Srpska, from 19 to 22 March 2001 ("the Application"),

NOTING the Prosecutor’s Response to the Application filed by the Office of the Prosecutor ("Prosecution") on 16 March 2001, in which the Prosecution stated that it has no objection to the Application,

NOTING that the Application was filed less than one week before the date on which the Accused wished to leave his residence, and that date is now past,

CONSIDERING that the Accused 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"1,

HEREBY GRANTS the Application under the following terms and conditions:

  1. for a period of not more than four consecutive days, the exact dates of which are to be notified to the Trial Chamber not less than one week in advance, the Accused may leave the municipality of Bosanski Samac to travel to the Clinical Hospital Centre in Banja Luka to receive medical treatment and therapy,
  2. during the period of absence from Bosanski Samac, the Accused shall report each day for the duration of that period from the Clinical Hospital Centre by telephone to the local police in Bosanski Samac.

This Decision does not affect the continuing application of the terms and conditions of the Accused’s provisional release, as set forth in this Trial Chamber’s Decision dated 4 April 2000,2 except to the extent specified in paragraphs (i) and (ii) above.

 

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

____________________
Patrick Robinson
Presiding

Dated this twenty-seventh day of March 2001
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutor v. Simic et al., Case No. IT-95-9-PT, Decision on Miroslav Tadic’s Application for Provisional Release, 4 Apr. 2000 ("Provisional Release Decision"), p. 9.
2. Ibid., pp. 9 – 10.

   

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