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Keraterm Camp, Prosecutor v. Sikirica et al., Scheduling Order, IT-95-8 (ICTY TC, Jun. 09, 2000)

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
9 June 2000

PROSECUTOR

v.

DAMIR DOSEN
DRAGAN KOLUNDZIJA


SCHEDULING ORDER


Office of the Prosecutor:

Ms. Brenda J. Hollis
Mr. Kapila Waidyaratne
Mr. Daniel Saxon

Counsel for the Accused:

Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucecevic, for Dragan Kolundzija

 

I, MOHAMED BENNOUNA, Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991 ("the International Tribunal"),

HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an order of the Trial Chamber dated 3 February 2000,

NOTING the Scheduling Order issued by the pre-trial Judge on 31 March 2000, which set various time-limits for the filing of documents by the parties, and directed the representatives of the Office of the Prosecutor ("the Prosecution") and the Defence for both accused to meet to discuss matters arising out of Rule 65 ter (E) of the Rules Procedure and Evidence of the International Tribunal ("the Rules") ("the 31 March Order"),

NOTING the "Order on Prosecutor’s Motion for Protective Measures" and the confidential "Order for disclosure of Prosecution Witness Statements" issued by the pre-trial Judge on 11 May 2000, which ordered the Prosecution to disclose the unredacted statements of twenty-six witnesses, disclosed pursuant to Rule 66 (A)(i) and (ii) of the Rules, not less than thirty days before the start of the trial ("the Orders for disclosure"),

NOTING the Order issued by the pre-trial Judge on 11 May 2000, which directed the Prosecution to file a revised pre-trial brief and its witness list, pursuant to Rule 65 ter (E) (i) and (iv) of the Rules by Thursday 1 June 2000,

NOTING the "Prosecution’s Motion for Extension of Time to Comply with the Trial Chamber’s Order of 11 May 2000" filed by the Prosecution on 24 May 2000, in which the Prosecution requested an extension of time until 30 September 2000,

NOTING the Order issued by the pre-trial Judge on 25 May 2000, which suspended the time-limit for the filing of the Prosecution’s revised pre-trial brief and the witness list,

NOTING the "Defense Objection to the Prosecution’s Motion for Extension of Time; and Defense Motion for Speedy Trial and/or Provisional Release" filed on 25 May 2000 by the Defence for Dragan Kolundzija, which objected to the extension of time sought by the Prosecution; requested that a trial date be set without "undue delay"; and in the alternative that Dragan Kolundzija be provisionally released pending trial,

NOTING that the Defence for Dragan Kolundzija withdrew its alternative request for provisional release at the status conference,

NOTING the confidential "Prosecution’s Compliance with Trial Chamber’s 11 May 2000 "Decision on Defence Motion to Compel Discovery" and the Pre-trial Judge’s "Order Granting an Extension of Time" dated 18 May 2000" filed by the Prosecution on 1 June 2000, in which the Prosecution requested protective measures in respect of twelve witnesses ("the Request for protective measures"),

NOTING the "Defense Request for Oral Argument on Pending Motions Before Three Judge Trial Chamber" filed on 6 June 2000 by the Defence for Dragan Kolundzija, which requested that various motions presently pending before the Trial Chamber be heard by the full Chamber on 7 June 2000,

NOTING that the Prosecution and the Defence for Dragan Kolundzija and Damir Dosen met, as directed by the 31 March Order, on 5 June 2000,

NOTING the "Report Regarding Admissions by Parties and Points of Agreement and Disagreement on Matters of Fact and Law" filed on 8 June 2000 by the Prosecution, which reported that both parties agreed to certain facts set forth in an attached list of adjudicated facts; that the Prosecution agreed to provide the names of protected witnesses to the Defence sixty days prior to the commencement of trial; and that there are no admissions,

HAVING HEARD the parties at the status conference held on 7 June 2000,

CONSIDERING the responsibility of the pre-trial Judge to ensure expeditious preparation for trial pursuant to Rules 65 bis and 65 ter of the Rules,

CONSIDERING that a tentative date for the commencement of trial is Monday 6 November 2000,

PURSUANT TO Rules 54, 65 bis, 65 ter and 73 bis of the Rules,

TAKE NOTE of the agreement reached by the Prosecution and the Defence for Dragan Kolundzija and Damir Dosen concerning the disclosure of the names of protected witnesses sixty days before the commencement of trial, and VARY the Orders for disclosure accordingly,

CONFIRM the orders made at the status conference as follows:

(1) The Defence for Dragan Kolundzija and Damir Dosen shall each file their response, if any, to the Request for protective measures by Thursday 15 June 2000;

(2) The Prosecution shall file an amended pre-trial brief fulfilling the requirements of Rule 65 ter (E)(i) by Friday 28 July 2000;

(3) The Prosecution shall file a witness list fulfilling the requirements of Rule 65 ter (E)(iv) by Friday 28 July 2000;

(4) The Defence for Dragan Kolundzija and Damir Dosen shall each file their pre-trial brief pursuant to Rule 65 ter (F) by Monday 2 October;

SCHEDULE a hearing before the full Trial Chamber to be held on Friday 23 June 2000, commencing at 11 a.m., at which arguments on the following motions will be heard:

(A) Motions in relation to the revised "amended attachment" to the Amended Indictment;

(B) Prosecution’s Motion for Admission of Documentary Evidence;

(C) Prosecution’s Motion for Judicial Notice of Adjudicated Facts;

(D) Motion for severance of counts and/or bifurcation of trial filed by the Defence for Dragan Kolundzija,

SCHEDULE a status conference to be held on Wednesday 13 September 2000 commencing at 3 p.m., at which both accused and their counsel are to be present,

AND SCHEDULE a pre-trial conference before the full Trial Chamber to be held on Wednesday 11 October 2000, commencing at 2.30 p.m.

 

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

____________________________
Mohamed Bennouna
pre-trial Judge

Dated this ninth day of June 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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