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Bosanski Samac, Prosecutor v. Simic et al., Order Separating Proceedings and Scheduling Order, IT-95-9 (ICTY TC, Jan. 24, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mr. Hans Holthuis

Order of:
24 January 2001

PROSECUTOR

v.

Blagoje SIMIC
Milan SIMIC
Miroslav TADIC
Stevan TODOROVIC
Simo ZARIC

__________________________________________

ORDER SEPARATING PROCEEDINGS
AND SCHEDULING ORDER

__________________________________________

The Office of the Prosecutor:

Ms. Nancy Paterson

Counsel for the Accused:

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lucic, for Miroslav Tadic
Mr. Deyan Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

 

THIS TRIAL CHAMBER 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"),

NOTING the finding of guilt entered against the accused, Stevan Todorovic, by the Trial Chamber on 19 January 2001, based on his guilty plea,

NOTING the confidential "Plea and Co-operation Agreement between the Prosecutor and Stevan Todorovic" dated 28 November 2000 ("Plea Agreement") submitted to this Trial Chamber on 29 November 2000, and the undertaking therein by the accused Stevan Todorovic to withdraw all motions now pending before the Trial Chamber in which the accused sought an evidentiary hearing regarding the circumstances of his arrest and his requests for judicial assistance, as amended orally by the Office of the Prosecutor ("Prosecution") and counsel for Stevan Todorovic at the hearing on 19 January 2001,

NOTING the withdrawal at that hearing by the Prosecution of Counts 2 to 27 of the indictment against Stevan Todorovic, subject to the Plea Agreement as amended and presented orally to the Trial Chamber, and the withdrawal by counsel for Stevan Todorovic of the various motions now pending before the Trial Chamber,

CONSIDERING that, pursuant to Rule 100 of the Rules, the Prosecution and the accused Stevan Todorovic may now submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence, and that a date is to be fixed for the sentencing hearing,

NOTING that the accused, Stevan Todorovic, is accused jointly under Rule 48 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") with four other persons, namely, Blagoje Simic, Miroslav Tadic, Simo Zaric and Milan Simic,

CONSIDERING that Rule 82 (B) of the Rules permits the Trial Chamber to order that persons accused jointly under Rule 48 may be tried separately if necessary to protect the interests of justice,

CONSIDERING that, in view of the finding of guilt by the Trial Chamber, it would be in the interests of justice to separate the proceedings against the accused, Stevan Todorovic, from those against the four co-accused,

PURSUANT TO Rules 54, 82 and 100 of the Rules

HEREBY ORDERS as follows:

(1) The proceedings against the accused, Stevan Todorovic, are hereby separated from those against the four co-accused charged under the same indictment;

(2) the Prosecution and counsel for Stevan Todorovic shall, by Friday 26 January 2001, make a joint filing confirming the amendment to the Plea Agreement as presented orally to the Trial Chamber;

(3) the Office of the Prosecutor shall, by Friday 26 January 2001, file a notice confirming withdrawal of all counts of the indictment against Stevan Todorovic, other than Count 1;

(4) counsel for Stevan Todorovic shall, by Friday 26 January 2001, file a notice confirming withdrawal of all motions now pending before the Trial Chamber in which the accused sought an evidentiary hearing regarding the circumstances of his arrest and his requests for judicial assistance;

(5) the Prosecution and counsel for Stevan Todorovic shall, by Thursday 1 March 2001, file all submissions and provide details of any witnesses they may wish to call in relation to the sentencing hearing; and

(6) the date for the sentencing hearing shall be fixed by further Order.

 

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

___________________________
Patrick Robinson
Presiding

Dated this twenty-fourth day of January 2001
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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