ICTY Press Briefing - 05 April 2000

Please note that this is not a verbatim transcript of the Press Briefing. It is merely a summary.

ICTY Weekly Press Briefing
Date: 5 April 2000
Time: 11:00 a.m.

REGISTRY AND CHAMBERS
Jim Landale, Spokesman for Registry and Chambers made the following statement:

Firstly, I would like to announce that Miroslav Tadic and Simo Zaric have been granted provisional release, stayed until five o’clock this afternoon pending any applications for leave to appeal filed by the Prosecutor.

In coming to this decision, Trial Chamber III considered that the accused voluntarily surrendered to the Tribunal; that the accused had provided both on their own behalf and through the Government of the Republika Srpska guarantees required by the Trial Chamber and further that the Government of the Republika Srpska was competent to issue such guarantees. The Trial Chamber was also satisfied that the accused if released, would appear for trial and further would not pose a danger to victims, witnesses or other persons. The Trial Chamber also considered that the accused had been held in detention awaiting trial for more than two years and that there was no likelihood of an early date being fixed for the commencement of their trial.

This follows a motion from the two originally filed on 19 January 1999. A number of conditions were attached to the order, namely that the accused:

-remain within the confines of the municipality of Bosanski Samac;
-surrender their passports to the International Police Task Force (IPTF) or to the OTP in Sarajevo;
-report each day to the local police in Bosanski Samac;
-consent to having the IPTF check with the local police about their presence and to the making of occasional, unannounced visits by the IPTF to the accused;
-not have any contact with any other co-accused in the case;
-not have any contact whatsoever, nor in any way interfere with any persons who may testify at their trial;
-not discuss their case with anyone other than their counsel;
-assume responsibility for all expenses concerning transport from Schiphol airport to Bosanski Samac and back;
-comply strictly with any order of this Trial Chamber varying the terms or terminating their provisional release.

Judge Liu Daqun, who was sworn in on Monday 3 April has been assigned to Trial Chamber II to sit on the Brdanin and Talic case; the Krnojelac case; and the Vasiljevic case, replacing Judge Fausto Pocar. Judge Pocar will continue to sit on the Foca trial.

A scheduling order in the Kolundzija and Dosen case was issued on 31 March, setting out the pre-trial timetable. Copies are available for those interested.

Next, in the Kordic and Cerkez case, an order was filed on 4 April, calling upon Kordic’s defence on Monday 10 April immediately after the defence opening statements and before the beginning of the presentation of evidence, to justify to the Trial Chamber the extensive number of witnesses the defence has indicated it wishes to call.

Also, we now have copies of the Krajisnik indictment English, French and BCS, with the confirmation orders.

Finally, a reminder that Lord Robertson, the NATO Secretary-General, will visit the Tribunal at around three o’clock on Thursday 13 April and that there will be a press opportunity.

OFFICE OF THE PROSECUTOR
Paul Risley, Spokesman for the Office of the Prosecutor (OTP), made the following statement:

Regarding the announcement of the decision of the provisional release, the Prosecution has stated its intention to appeal that decision. The Prosecution will submit an application this afternoon prior to the 5.00 p.m. deadline.

The Prosecutor and Deputy Prosecutor are today in Zagreb, Croatia. Yesterday they were in Lubljana, Slovenia. While in Slovenia, the Prosecutor and her party met with the Prime Minister, Minister of Foreign Affaires and the Minister of Justice for Slovenia. Today in Zagreb they are expected to conclude a meeting with President Mesic of Croatia, with the Prime Minister, the Minister of Foreign Affairs, and the Minister of Justice. Tomorrow there will be some meetings with representatives of the international community in Zagreb.

QUESTIONS:

Asked whether this was the first time that the Tribunal was satisfied with guarantees and provisions given by the authorities of the Republika Srpska concerning provisional release, Landale replied that what made this case different from those previously heard, was that there was no longer a requirement for exceptional circumstances to be proved, following an amendment to the Rules of Procedure and Evidence. He advised that the order should be reviewed, as the process followed to come to this decision was long and detailed. He added that there had been a number of applications by the Defence on this matter and also documents filed by the Prosecution in opposition.

Risley stated that the OTP was firmly opposed to the use of provisional release at this time with any of the individuals in detention.

Asked about the investigation of Serb officers in Banja Luka, Risley replied that he could not discuss details of ongoing investigations. He added however, that investigators from the OTP had completed at this point, several separate missions to the Republika Srpska where interviews of individuals had taken place. It was a fairly routine matter, which was one of the benefits of the relationship that had been developed with the authorities in Banja Luka and Republika Srpska. He added that there had been at least three other occasions where individuals had been interviewed on Republika Srpska territory.

Asked what would be discussed during the Prosecutor’s meetings in Zagreb, Risley replied that it would be the cooperation between Croatia and the Tribunal.

Asked whether the proposed time of release for Zaric and Tadic was 5.00p.m., Landale replied that it was, pending an appeal. He added that if no appeal was lodged by the OTP, they would be given their provisional release.

Risley added that the Prosecution had submitted their intention for an appeal which should freeze the process, however, he added that this was a matter for the Chamber to make a decision on. By 5.00p.m. the Prosecution would submit its application to appeal, not the full text, more like an outline, he concluded.

Asked what the importance of the arrest of Momcilo Krajisnik was to the Tribunal as a whole and in particular the OTP, Risley replied that this was the most significant arrest by NATO made on behalf of the Tribunal in the Tribunal’s history.

Asked whether this arrest made the possibility of reconciliation in the former Yugoslavia more difficult, Risley replied that NATO’s arrest of Momcilo Krajisnik marked their ability to effect the arrest of any individual under indictment by this Tribunal within Bosnia, through safe and secure means for both their own soldiers and the civilians of Bosnia.

Landale added that it was also important to look at the broader picture, at long-term peace and stability in the region. If you did not, it could be argued that it was never a good time to apprehend an individual who had been indicted by the Tribunal and who might have some support in the community. If the Tribunal was held to ransom to by those kinds of arguments the Tribunal would have nobody in detention and would continually be held up and delayed in carrying out its work. The Tribunal had a specific job, a specific mandate and a specific jurisdiction and that was being followed to the best of the Tribunal’s abilities, and the Tribunal applauded and welcomed the assistance given to it by NATO in carrying out this mandate.

Asked whether the Prosecutor planned to visit Bulgaria, Risley said that she intended to visit, however he had no dates at this time.

Asked why in some cases during the initial appearance only one Judge was present, Landale replied that, according to the Rules of Procedure and Evidence, there could be just one Judge attending, this was up to the Trial Chamber concerned.

Asked for further information on the Prosecutor’s visit to Slovenia, Risley replied that this was the first visit by a Prosecutor to Slovenia. He added that the Tribunal enjoyed close cooperation with the Government of Slovenia and naturally there were many aspects of the ongoing investigations that could benefit from the close cooperation that Slovenia had provided in the past and had continued to do so.

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