Having taken into account, as stated in the press release, the cooperation and character of the accused and the guarantees of the governments in Belgrade and Podgorica, the Trial Chamber has granted provisional release for Jovica Stanisic and Franko Simatovic. The prosecution indicate they intend to appeal and file a motion to stay the execution of the decision of the Trial Chamber

Former chief of the Serbian State Security Jovica Stanisic and his former deputy, Franko Simatovic will be provisionally released until the start of their trial for crimes against humanity committed in Croatia and Bosnia and Herzegovina. The Trial Chamber, as was stated in the press release made public this afternoon in The Hague, is convinced that the accused will return to The Hague for their trial and that, while provisionally released, they will not pose a threat to victims, witnesses and third parties.

When considering their motion for provisional release, the judges took into account the voluntary surrender, cooperation and character of Stanisic and Simatovic, and the guarantees offered by the governments of the State Union of Serbia and Montenegro and its two republics.

Stanisic and Simatovic were provisionally released under "specific conditions" listed in the decision; the full text of the decision has not been made public yet.

The Office of the Prosecutor indicates that it intends to appeal the decision of the Trial Chamber, and to file a motion to stay the execution of the provisional release. A similar thing happened in June 2002 when the same Trial Chamber granted the motion for provisional release filed by Dragoljub Ojdanic and Nikola Sainovic. Both accused remained in detention until the Appeals Chamber ruled on the prosecution appeal. In October 2002, the Appeals Chamber granted the appeal filed by the prosecution and voided the decision on their provisional release.

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