Hearing the State to which the Accused seeks to be released
|Decision on Provisional Release - 07.10.2005||
TODOVIĆ & RAŠEVIĆ
29. [….] Rule 65(B) provides that the State to which an accused seeks to be released must have an opportunity to be heard before the Trial Chamber grants his application. This rule does not provide that this State must have the opportunity to be heard before the Trial Chamber denies provisional release. [….] Similarly, nothing in Rule 65 – or in any other rule – requires a Trial Chamber to hear oral argument from an applicant before denying provisional release, and indeed, no rule requires the Trial Chamber to hold a hearing before deciding that government or personal guarantees offered by the applicant merit little weight, even if the applicant has requested a hearing and seeks to supplement these guarantees with oral assurances. Instead, the Appeals Chamber has explained, “[t]he granting of an oral hearing is a matter for the discretion of a Chamber, and it may legitimately be regarded as unnecessary when . . . the information before the Trial Chamber is sufficient to enable the Chamber to reach an informed decision.” [….]
 See Rule 65(B) of the Rules of Procedure and Evidence of the Tribunal, IT/32/Rev.36, 8 August 2005.
 See Prosecutor v. Nikola Šainović, Dragoljub Ojdanić, Case No. IT-99-37-AR65.2, Decision Refusing Ojdanić Leave to Appeal, 27 June 2003, p. 4 (noting that “the right of an accused to be heard is not similar to what the accused regards as the right to be heard personally”).
 Prosecutor v. Fatmir Limaj, Haradin Bala, Isak Musliu, Case No. IT-03-66-AR65, Decision on Fatmir Limaj’s Request for Provisional Release, 31 October 2003, para. 17; Prosecutor v. Fatmir Limaj, Haradin Bala, Isak Musliu, Case No. IT-03-66-AR65.2, Decision on Haradin Bala’s Request for Provisional Release, 31 October 2003, para. 33; Prosecutor v. Fatmir Limaj, Haradin Bala, Isak Musliu, Case No. IT-03-66-AR65.3, Decision on Isak Musliu’s Request for Provisional Release, 31 October 2003, para. 17.
|ICTR Rule Rule 65 ICTY Rule Rule 65|