In the latest AmP session on 22 June, Oliver Windridge, Associate Legal Officer in the ICTY Appeals Chamber, addressed the challenges the ICTY Trial and Appeals Chambers face when considering provisional release. Following the ICTY Appeals Chamber’s handling of the provisional release of high-profile accused Šešelj and Hadžić in March and April 2015, the granting of provisional release has come in the spotlight like never before. The ICTY Rules of Procedure and Evidence provide for the provisional release of an accused at any stage of the trial proceedings prior to the rendering of the final judgement. In order to grant the provisional release a Trial Chamber must be satisfied on the balance of probabilities that, if released, the accused will appear for trial and not pose a threat to any victim, witness or other person. By comparing the Hadžić and Šešelj cases, Oliver discussed strengths and weaknesses of the regulation of provisional release, as well as the varying approaches that the provision on provisional release allow for.
Oliver Windridge is a British lawyer specializing in international human rights and international criminal law, currently based in The Hague. Oliver currently serves as Associate Legal Officer and Legal Assistant to Judge Koffi Kumelio A. Afanđe in the ICTY Appeals Chamber. Prior to his appointment at the ICTY, Oliver served as an Associate Legal Officer in the ICTR Appeals Chamber from 2012 to 2014 and before that as an Associate Legal Officer in the ICTR Trial Chamber between 2009 and 2012.