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Bosanski Samac, Prosecutor v. Simic et al., Decision on Return of Milan Simic for Medical Examination and Termination of Provisional Release, IT-95-9 (ICTY TC, Jul. 26, 2001) " "

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
26 July 2001

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

__________________________________________________

DECISION ON RETURN OF MILAN SIMIC FOR MEDICAL EXAMINATION AND TERMINATION OF PROVISIONAL RELEASE

__________________________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey
Mr. Gramsci Di Fazio
Ms. Aisleen Reidy

Counsel for the Accused:

Mr. Igor Pantelic, for Blagoje Simic
Mr. Slobodan Zecevic, for Milan Simic
Mr. Novak Lukic and Mr. Dragan Krgovic, for Miroslav Tadic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

Embassy of Bosnia and Herzegovina

 

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 SEIZED OF "Defendant Milan Simic’s Motion for the Reduction of Trial Hours" filed on 27 June 2001 ("Motion"), whereby the Defence requests the Trial Chamber to reduce the daily sitting hours at trial for the accused Milan Simic, in reliance on medical information based on an examination of Milan Simic on 4 May 2001 conducted by three experts, pre-approved by the Registrar of the International Tribunal, and contained in a report filed on 26 June 2001,

NOTING that the Office of the Prosecutor expresses no objection to the Motion in the "Prosecutor’s Response to Milan Simic’s Motion for the Reduction of Trial Hours" filed on 6 July 2001,

CONSIDERING that a second examination by experts appointed by the Registrar of the International Tribunal will provide more complete and recent information in this regard to enable the Trial Chamber to reach an informed decision on the Motion,

NOTING that Rule 74 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") requires that, in cases where the Trial Chamber orders, proprio motu or at the request of a party, a medical examination of the accused, the task shall be entrusted by the Registrar of the International Tribunal to an expert whose name appears on a list drawn up by the Registry,

NOTING also the "Decision on Milan Simic’s Application for Provisional Release" issued by the Trial Chamber on 29 May 2000, granting provisional release to the accused, Milan Simic, ("the Provisional Release Decision"),

CONSIDERING that the Provisional Release Decision requires the accused to comply strictly with any Order of this Trial Chamber varying the terms of or terminating the provisional release,

CONSIDERING that the Provisional Release Decision requires the designated official of Bosnia and Herzegovina, Trivan Jovicic, to accompany the accused on the return flight and to deliver the accused into the custody of the Dutch authorities at Schiphol airport on a date and time to be determined by the Trial Chamber and the Dutch authorities shall then transport the accused to the United Nations Detention Unit,

CONSIDERING that the date of 10 September 2001 has now been set for the commencement of trial in this matter,

PURSUANT TO Rules 65 and 74 bis of the Rules,

HEREBY ORDERS as follows:

  1. the accused, Milan Simic, shall surrender to the custody of the International Tribunal on 13 August 2001;
  2. the accused, Milan Simic, and the designated official of Bosnia and Herzegovina, Trivan Jovicic, shall make all necessary arrangements in conjunction with the Registrar of the International Tribunal and the Dutch authorities for the return of the accused to The Hague, Netherlands, on 13 August 2001 and his subsequent transportation to and detention in the United Nations Detention Unit;
  3. the designated official of Bosnia and Herzegovina, Trivan Jovicic, shall accompany the accused on the return flight and shall deliver the accused into the custody of the Dutch authorities at Schiphol airport on 13 August 2001;
  4. the Dutch authorities shall transport the accused to the United Nations Detention Unit on 13 August 2001;
  5. all terms and conditions of the Provisional Release Decision shall continue in full force and effect until the accused has surrendered to the custody of the International Tribunal but the Provisional Release Decision will be automatically vacated by the return of the accused on 13 August 2001;
  6. the Trial Chamber hereby requests the Registrar of the International Tribunal to make all necessary arrangements with all relevant authorities for the return of the accused and for his continued detention in the United Nations Detention Unit.
  7. a medical examination of the accused Milan Simic shall be carried out on 15 August 2001, the accused being expected to bring with him his medical files that may help the conduct of the examination, and the Trial Chamber instructs the Registrar to entrust this task to experts whose names appear on the list previously drawn up by the Registry and approved by the Bureau of the International Tribunal; and
  8. a copy of the medical reports resulting from the examination of 15 August 2001 shall be filed with the Registry no later than Friday 31 August 2001.

The Trial Chamber will rule upon the Motion after receiving a copy of the medical reports.

 

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

___________________________
Patrick Robinson
Presiding

Dated this twenty-sixth day of July 2001
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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