On 2 November 2006 the Court of Bosnia and Herzegovina rendered a decision upholding the appeal filed by the Defence Counsel for the suspect Jadranko Palija and modifying the decision of 27 October 2006 so that custody for the suspect is terminated and replaced by restrictive measures (house arrest). This case is being processed before Section I for War Crimes.

On 27 October 2006 the Court rendered a decision odering custody to Jadranko Palija for one month.

In the decision on appeal the Panel expressed the view that the existence of an abstract possibility of interference with the course of criminal proceedings cannot be accepted as the basis for special circumstances which the law requires before an order of custody can be made.  The Panel found that, in making the first instance decision on custody, the first instance Court did not determine the specific circumstances which justified an order of custody.

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