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Bosnia and Herzegovina, Prosecutor v. Krajisnik, Decision on Application for Leave to Appeal the Trial Chamber's Decision Concerning Preliminary Motion on the Form of the Indictment, IT-00-39-A (ICTY AC, Sep. 13, 2000)

BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Mohamed Shahabuddeen
Judge Rafael Nieto-Navia

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
13 September 2000

PROSECUTOR

v.

MOMCILO KRAJISNIK

________________________________________________________________________

DECISION ON APPLICATION FOR LEAVE TO APPEAL THE TRIAL CHAMBER’S DECISION CONCERNING PRELIMINARY MOTION ON THE FORM OF THE INDICTMENT

________________________________________________________________________

Counsel for the Prosecution:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Goran Neskovic
Mr. Svetislav Stanojevic

 

THIS BENCH of the Appeals Chamber ("the Bench") of the International Criminal Tribunal for the Former Yugoslavia ("the Tribunal"),

BEING SEIZED of the "Application for Leave to Appeal the Trial Chamber’s Decision Concerning Preliminary Motion on the Form of the Indictment”, filed by Momcilo Krajisnik (“the Appellant”) on 8 August 2000 (“the Application for Leave to Appeal"), seeking leave to appeal pursuant to Rule 72(B)(ii) and Rule 72(C) of the Rules of Procedure and Evidence ("the Rules"),

NOTING the "Decision Concerning Preliminary Motion on the Form of the Indictment" issued by Trial Chamber III on 2 August 2000 ("the Impugned Decision"), in which the Trial Chamber dismissed the Defence motion,

NOTING the "Prosecution Response to ‘Defendant’s Application for Leave to Appeal the Trial Chamber’s Decision Concerning the Preliminary Motion on the Form of the Indictment’" filed on 18 August 2000,

NOTING that the appeal is filed in a timely manner, pursuant to Rule 72(C) of the Rules, which requires applications for leave to appeal under Rule 72(B)(ii) to be filed within seven days of filing of the Impugned Decision,

NOTING that Rule 72(B) of the Rules stipulates that, unless preliminary motions challenge jurisdiction, decisions on such motions are without interlocutory appeal save "(ii) in other cases where leave to appeal is, upon good cause being shown, granted by a bench of three Judges of the Appeals Chamber",

NOTING that the Application for Leave to Appeal lists five grounds of appeal, namely that (a) the Trial Chamber abused its discretion by finding that the material facts are sufficiently pleaded in the Indictment and that it would be unreasonable to ask the Prosecution for further precision, (b) the Trial Chamber abused its discretion by finding that the Prosecution satisfied the requirements for specificity as regards the criminal responsibility, and that it does not need to provide the annex requested by the Defence, (c) the Trial Chamber abused its discretion by noting that the Prosecution will be required to include more detail in its Pre-Trial Brief, (d) the Impugned Decision will cause irreparable and incurable prejudice to the Appellant, and (e) the issues raised in the proposed appeal are of great significance for the proceedings before the Tribunal and in international law,

CONSIDERING that in the first three grounds of appeal it is asserted that the Trial Chamber abused its discretion, but in each case the Appellant challenges a discretionary finding of the Trial Chamber without presenting any contentions which disclose an arguable case of any abuse of such discretion,

CONSIDERING that in the circumstances no basis has been shown for suggesting any error on the part of the Trial Chamber in reaching its decision on the first three grounds, and that there is therefore no showing of good cause as to these grounds,

CONSIDERING that in the fourth ground of appeal it is asserted that the Impugned Decision will cause irreparable and incurable prejudice to the Appellant but noting that this ground depends upon an error or an abuse of discretion on the part of the Trial Chamber, and that the Appellant’s contentions do not disclose an arguable case that there has been such abuse or error, and therefore considering that there has been no showing of good cause as to this ground,

CONSIDERING that in the fifth ground of appeal it is asserted that the issues raised in the proposed appeal are of great significance to the Tribunal or to international law, but that the appellant’s contentions relating to this ground do not disclose an arguable case that that is so, and considering further that a mere assertion that an issue is one of general importance to the Tribunal or international law generally does not in itself establish good cause within the meaning of Rule 72(B)(ii) of the Rules,

HEREBY REJECTS the Application for Leave to Appeal.

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

 

____________________________
Judge Lal Chand Vohrah
Presiding

Dated this thirteenth day of September 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]

   

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