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Prijedor, Prosecutor v. Kovacevic, Decision Disposing of Defence Motion to Clarify Standards Implicit in Rule 50, IT-97-24 (ICTY TC, Oct. 01, 1997)

IN THE TRIAL CHAMBER

Before: Judge Ninian Stephen, Presiding

Judge Adolphus Karibi-Whyte

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 1 October 1997

 

PROSECUTOR

v.

SIMO DRLJACA

MILAN KOVACEVIC

___________________________________________________________

DECISION DISPOSING OF DEFENCE MOTION TO CLARIFY STANDARDS IMPLICIT IN RULE 50

___________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Clint Williamson

Counsel for the Accused:

Mr. Anthony D’Amato, for Milan Kovacevic

 

THE TRIAL CHAMBER,

HAVING CONSIDERED the Defence Motion to Clarify Standards Implicit in Rule 50 Regarding Amendment of Indictment ("Motion"), filed on 10 September 1997, and the response of the Office of the Prosecutor ("Prosecution") filed on 24 September 1997,

NOTING that the Motion in substance seeks amendment of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), a matter for plenary and not for this Trial Chamber;

NOTING that, in any event, pursuant to Rule 6 of the Rules, amendments to the Rules are to be proposed by the Judges, the Prosecutor or the Registrar and therefore the Defence does not have standing to request amendment;

NOTING FURTHER that, pursuant to Rule 50 of the Rules, before the presentation of evidence has commenced it is exclusively for the Judge who confirmed the indictment to grant or refuse leave to amend an indictment;

Pursuant to Rule 54,

HEREBY DECLINES to entertain the Motion.

 

Done in English and French, the English text being authoritative.

 

Ninian Stephen

Presiding Judge

Dated this first day of October 1997

At The Hague

The Netherlands

[Seal of the Tribunal]

   

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