Case No. IT-04-80-PT
Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert
Registrar:
Mr. Hans Holthuis
Order of:
19 July 2005
PROSECUTOR
v.
Zdravko TOLIMIR
Radivoje MILETIC
Milan GVERO
_______________________________________________
DECISION CONCERNING MOTION FOR PROVISIONAL RELEASE OF RADIVOJE MILETIC
_______________________________________________
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Ms. Natacha Fauveau-Ivanovic for Radivoje Miletic
Mr. Dragan Krgovic for Milan Gvero
(A) Once detained, an accused may not be released except upon an order of a Chamber.
(B) Release may be ordered by a Trial Chamber only after giving the host country and the State to which the accused seeks to be released the opportunity to be heard and only if it is satisfied that the accused will appear for trial and, if released, will not pose a danger to any victim, witness or other person.
(a) Burden of proof
(b) Will the Accused appear for trial?
(i) Seriousness of the offences charged
(ii) Circumstances of the surrender
(iii) Degree of co-operation by the authorities concerned
(iv) Governmental guarantees in respect of the Accused
(v) Other factors
(c) Will the Accused, if released, pose a danger to any victim, witness or other person?
I. ORDERS as follows:
a. the Accused shall be transported to Schiphol airport in the Netherlands by the Dutch authorities;
b. at Schiphol airport, the Accused shall be provisionally released into the custody of an official of the government of Serbia and Montenegro to be designated prior to release in accordance with operative paragraph II(a) hereof, who shall accompany the Accused for the remainder of his travel to Serbia and Montenegro and to his place of residence;
c. on his return, the Accused shall be accompanied by a designated official of the government of Serbia and Montenegro, who shall deliver the Accused to the custody of the Dutch authorities at Schiphol airport at a date and time to be determined by Order of the International Tribunal, and the Dutch authorities shall then transport the Accused back to the United Nations Detention Unit in The Hague;
d. during the period of his provisional release, the Accused shall abide by the following conditions, and the authorities of the governments of Serbia and Montenegro and the Republic of Serbia, including the local police, shall ensure compliance with such conditions:
i. to provide the address at which he will be staying in Belgrade to the Ministry of Internal Affairs of the Republic of Serbia and the Registrar of the International Tribunal before leaving the United Nations Detention Unit in The Hague;
ii. to remain within the confines of the municipality of Belgrade;
iii. to surrender his passport to the Ministry of Internal Affairs of the Republic of Serbia;
iv. to report each day to the police in Belgrade at a local police station to be designated by the authorities of the Republic of Serbia;
v. to consent to having the Ministry of Internal Affairs of the Republic of Serbia check with the local police about his presence and to the making of occasional, unannounced visits upon the Accused by the same Ministry or by a person designated by the Registrar of the International Tribunal;
vi. not to have any contact with the co-accused in the case;
vii. not to have any contact whatsoever or in any way interfere with any victim or potential witness or otherwise interfere in any way with the proceedings or the administration of justice;
viii. not to discuss his case with anyone, including the media, other than with his counsel;
ix. to continue to cooperate with the International Tribunal;
x. to agree to be interviewed if called on by the Prosecution;
xi. to comply strictly with any requirements of the authorities of Serbia and Montenegro and the Republic of Serbia necessary to enable them to comply with their obligations under this Order and their guarantees;
xii. to return to the International Tribunal at such time and on such date as the International Tribunal may order; and
xiii. to comply strictly with any further Order of the International Tribunal varying the terms of or terminating his provisional release;
II. REQUIRES the governments of the Serbia and Montenegro and the Republic of Serbia to assume responsibility as follows:
a. by designating an official of the government of Serbia and Montenegro into whose custody the Accused shall be provisionally released and who shall accompany the Accused from Schiphol airport to Serbia and Montenegro and to his place of residence, and notifying, as soon as practicable, the Trial Chamber and the Registrar of the International Tribunal of the name of the designated official;
b. for the personal security and safety of the Accused while on provisional release ;
c. for all expenses concerning transport of the Accused from Schiphol airport to Belgrade and back;
d. for all expenses concerning accommodation and security of the Accused while on provisional release;
e. at the request of the International Tribunal, or the parties, to facilitate all means of cooperation and communication between the parties and to ensure the confidentiality of any such communication;
f. to submit a written report to the Trial Chamber every month as to the compliance of the Accused with the terms of this Order;
g. to arrest and detain the Accused immediately if he should breach any of the conditions of this Order; and
h. to report immediately to the Trial Chamber any breach of the conditions set out above;
III. INSTRUCTS the Registrar of the International Tribunal to consult with the Ministry of Justice in the Netherlands as to the practical arrangements for his release and to continue to detain the Accused at the United Nations Detention Unit in The Hague until such time as the Trial Chamber and the Registrar have been notified of the name of the designated official of the government of Serbia and Montenegro into whose custody the Accused is to be provisionally released;
IV. REQUESTS the authorities of all States through whose territory the Accused will travel,
a. to hold the Accused in custody for any time that he will spend in transit at the airport;
b. to arrest and detain the Accused pending his return to the United Nations Detention Unit in The Hague, should he attempt to escape.
Done in English and French, the English version being authoritative.
Dated this nineteenth day of July 2005,
At The Hague
The Netherlands
______________________
Judge Kevin
Parker
Presiding Judge
[Seal of the Tribunal]
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