Mandic was the Minister of Justice of the Serb Republic in the war time Karadzic’s government. Presently, Mandic is subject to a European Union travel ban,
Indeed, as the Chamber recognised, it has no power to order the European Union to lift the travel ban (as requested by Karadzic).
However, the Chamber recalled that safe conduct orders are a common device in international law and in the practice of the Tribunal for granting witnesses limited immunity under specific circumstances to secure the attendance of witnesses from areas beyond the Tribunal’s jurisdiction.
The Chamber noted that international law permits the protection of witnesses appearing before judicial authorities of a state other than their state of residence from prosecution, detention, or any other restrictions of their liberty in respect of acts or convictions committed or entered before their departure from the territory of their state of residence to the state where they are supposed to testify.
Accordingly, the Chamber granted the Prosecution motion upon finding that the witness’s expected testimony is relevant and of probative value to the case.
In particular, the Chamber ordered safe conduct for Mandic such that, while in or travelling to The Netherlands, and while returning to Serbia thereafter, he shall not be arrested, detained, prosecuted, or subjected to any other restriction, whether physical or legal, of his personal liberty, in respect of alleged acts or convictions prior to his departure from Serbia.
The Chamber stressed that, in light of the European Union travel ban in place for Mandic, it is clear that he would be unable to testify before the Chamber without an order from the Chamber.
Karadžić, Decision on the Prosecution's Motion for Safe Conduct for Witness Momčilo Mandić, Case No. IT-95-5/18-T, T. Ch., 16 June 2010.