30 May 2013 - ICTY

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complications surrounding his health; the lack of compelling humanitarian grounds; and the
premature nature of the request for provisional release. 5200 However, Stanišić was also
repeatedly granted provisional release during the aforementioned time period. 5201 Similarly,
during the same time period, the Trial Chamber granted Simatović provisional release on
several occasions. 5202
2440. On 16 July 2012, the Chamber granted requests of both Accused for provisional
release and on 7 December 2012, the Accused were ordered to return by 24 January 2013 in
anticipation of the closing arguments. 5203 On 15 May 2013, the Trial Chamber terminated the
provisional release of the Accused and ordered that they return to the Tribunal on or before 27
May 2013, in anticipation of the pronouncement of the Judgement on 30 May 2013. 5204
2441. Adjournments and other reasons for delays not related to the health of Stanišić. On 27
August 2009, Simatović requested an adjournment of the trial following the death of his lead
counsel, Mr Jovanović, on 2 August 2009. 5205 In various decisions, the Trial Chamber decided
not to have any regular court hearings for the remainder of August, the whole of September,
and beginning of October 2009. 5206 On 15 October 2009, the Trial Chamber decided, inter
alia, that the hearings in the case would recommence during the week of 30 November 2009,
which they did. 5207 On 23 February 2010, the Trial Chamber granted an urgent defence
request for adjournment between 1 March and 12 April 2010, in order for the Defence to
adequately prepare for the continuation of the proceedings. 5208
5200 Decision on Urgent Stanišić Defence Motion for Provisional Release during the Upcoming Court Recess, 22
July 2009, para. 23; Decision on Urgent Stanišić Defence Motion for Provisional Release, 31 March 2010, para.
31; Decision on Urgent Stanišić Defence Motion for Provisional Release on Humanitarian and Compassionate
Grounds, 16 August 2010, paras 7, 9-11; Decision on Stanišić Defence Motion for Provisional Release, 16 July
2012, para. 6.
5201 Public Redacted Version of “Decision on Urgent Stanišić Defence Motion for Provisional Release” of 11
October 2010, 23 November 2010, paras 13-14; Decision on Urgent Stanišić Request for Provisional Release, 21
April 2011, paras 11, 14.
5202 Decision on Simatović Defence Motion for Provisional Release During the Upcoming Court Recess, 10 July
2009, para. 15; Urgent Order Varying Conditions of Franko Simatović’s Provisional Release, 4 August 2009, p.
2; Decision on Simatović Defence Motion for Provisional Release During the Winter Court Recess, 10
December 2010, para. 8.
5203 Order in Relation to the Provisional Release of the Accused, 7 December 2012, paras 3-4.
5204 Scheduling Order for Pronouncement of Judgement and Order Terminating Provisional Release of the
Accused, 15 May 2013.
5205 Request of Franko Simatović for Adjournment of Proceedings, 27 August 2009.
5206 See T. 2186; Scheduling Order, 11 September 2009.
5207 Decision on Motion for Adjournment of Proceedings by the Simatović Defence, 15 October 2009, para. 30
(i); T. 2201.
5208 Decision on Urgent Simatović Defence Request for Adjournment, 23 February 2010.
Case No. IT-03-69-T 883
30 May 2013