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Judges Almiro Rodrigues, Lal Chand Vohrah and Rafael Nieto Navia of Trial Chamber I-bis soon rallied, however. After considering the request they flatly rejected it, having established that Aleksovski fulfilled none of the conditions detailed in rule 65 of the Rules of Procedure and Evidence.
In fact, they concluded 'the length of preventive detention (577 days since his arrest) is not at all excessive in view of the crimes ascribed to the accused; his physical condition (the alleged loss of 17 kilograms in weight) has not been demonstrated to be so serious as to justify provisional release; moreover, the effects of his detention on the living conditions of his family are not unusual and the behaviour of the accused in prison (voluntary work) need not be taken into serious account for his provisional release.'
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