The order was signed by by judge Mehmet Guney on August 10, the ICTY said adding that Judge Guney signed the order on behalf of Judge Meron and Judge Pocar, who were away from he Tribunal but who had been consulted and who had agreed with the decision.
The bench’s order follows on an application by the Prosecution, on 5 August, to be granted leave to appeal against the Trial Chamber’s Orders on the provisional release of the six accused Bosnian Croats, the tribunal said.
The bench considered that "the objective of the Prosecution’s appeal (…) could be significantly impaired if the action against which the Prosecution seeks to appeal will have already been taken."
The bench accordingly granted the stay sought by the Prosecution until its decision on the merits of the Prosecution’s application.
On 30 July 2004, Trial Chamber I, consisting of Judge Liu Daqun (presiding), Judge Amin El Mahdi and Judge Alphons Orie, ordered the provisional release of the six accused under certain specific terms and conditions
On Tuesday 3 August, the Prosecutor, announcing her intention to appeal against the provisional release of the six accused, filed before the Duty Judge a motion "to stay" the Trial Chamber’s orders.
The Duty Judge, Judge Weinberg de Roca, considered that "in the circumstances, it is not appropriate for the Duty Judge, acting as a single Judge, to decide this issue and it is more appropriate for the Trial Chamber to do so" (see Press Release 881) and ordered that the accused remain in custody until the decision by Trial Chamber I..
On Monday 9 August, Trial Chamber I rejected the Prosecution’s motion for a stay. However, the Prosecution had meanwhile filed her application for leave to appeal, which led to the Appeals Bench’s order of 10 August.
The ICTY indicted the six Bosnian Croat political and military leaders in April for crimes against humanity, violations of the laws and customs of war and harsh violations of the Geneva Conventions. The crimes were committed during the persecution of Bosnian Muslims in the territory controlled by the Croatian Defence Council between late 1991 abd April 1994.
The six men voluntarily surrendered to the tribunal on April 5 and entered a non-guilty plea to all counts of the indictment a day later.