Prerequisites for provisional release
|Decision on Provisional Release - 17.10.2005||
7. The Appeals Chamber considers that under Rule 65(A), once detained, the accused may not be released except upon an order of a Trial Chamber. Pursuant to Rule 65(B), such an order may be issued only after the Trial Chamber: (1) gives the host country and the State to which the accused seeks to be released the opportunity to be heard; and (2) is satisfied that the a) accused will appear for trial if released; and b) will not pose a danger to any victim, witness or other person. Where a Trial Chamber finds that one of these two conditions has not been met, it need not consider the other and must deny provisional release.
 The Appeals Chamber notes that this requirement does not apply where the Trial Chamber denies provisional release. See Prosecutor v. Todović, Case No. IT-97-25/1-AR65.1, Decision on Provisional Release, 6 October 2005, para. 29; Prosecutor v. Nsengimana, Case No. ICTR-2001-69-AR65, Decision on Provisional Release, 23 August 2005, p. 4.
 See, e.g., Boškoski Decision, para. 24 (noting that because the Trial Chamber found that the Appellant’s release would pose a significant risk of flight, it was not necessary for the Trial Chamber to consider whether the Appellant would also pose a danger to others in denying him provisional release); cf. Prosecutor v. Kordić & Čerkez, Case No. IT-95-14/2-A, Decision on Dario Kordić’s Request for Provisional Release, 19 April 2004, para. 10.
|ICTR Rule Rule 65 ICTY Rule Rule 65|