Case No. IT-01-47-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Jean-Claude Antonetti Registrar:
Mr. Hans Holthuis

Decision of:
31 October 2003

PROSECUTOR

v.

ENVER HADZIHASANOVIC
AMIR KUBURA

_____________________________________

DECISION ON JOINT DEFENCE MOTION FOR EXTENSION OF PROVISIONAL RELEASE AND SCHEDULING ORDER

_____________________________________

The Office of the Prosecutor:

Mr Ekkehard Withopf
Mr. David Re
Mr. Daryl Mundis

Counsel for the Accused:

Ms Edina Residovic and Mr Stéphane Bourgon for Enver Hadzihasanovic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura

 

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 ("Tribunal"),

BEING SEISED OF a "Joint Defence Motion for Extension of Provisional Release" ("Motion"), filed jointly by the Defence for Enver Hadzihasanovic and Amir Kubura ("Defence") on 28 October 2003, which seeks a modification of the Trial Chamber’s "Scheduling Order" dated 23 October 2003 ("Order"), to allow both Accused to surrender to the custody of the Tribunal not sooner than five days before the commencement of their trial;

NOTING the "Prosecution’s Response" to the Motion, filed by the Office of the Prosecutor ("Prosecution") on 30 October 2003, which does not oppose the Motion;

NOTING that the Trial Chamber granted provisional release to the two Accused by its "Decision Granting Provisional Release to Amir Kubura" and "Decision Granting Provisional Release to Enver Hadzihasanovic", both filed on 19 December 2001;

NOTING that the Trial Chamber, in the Order, scheduled the Pre-Trial Conference for 24 November 2003, and ordered that the Accused Kubura, pursuant to Rule 50 (B) of the Rules of Procedure and Evidence ("Rules"), will enter a plea in relation to a new charge in the latest version of the indictment at that time; set the trial date for 2 December 2003, and requested the Accused to each surrender to the custody of the Tribunal on Monday 17 November 2003;

CONSIDERING paragraph 8 of the Motion and the rule of proportionality, which states that a measure in public international law is proportional only when (1) suitable, (2) necessary, and when (3) its degree and scope remain in a reasonable relationship to the envisaged target;

CONSIDERING that it is appropriate and in the interests of justice to reschedule the Pre-Trial Conference to 28 November 2003;

CONSIDERING that the Prosecution does not oppose the Motion;

PURSUANT TO Rules 54 and 65 of the Rules,

HEREBY GRANTS the Motion and ORDERS that both Accused shall surrender to the custody of the Tribunal on Thursday 27 November 2003, in the conditions set out in the Order AND

RESCHEDULES the Pre-Trial Conference to Friday 28 November 2003, at 09.00 in Courtroom III.

 

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

Done this thirty-first day of October 2003
At The Hague
The Netherlands

_____________
Carmel Agius
Presiding

[Seal of the Tribunal]

   

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