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Omarska, Keraterm & Trnopolje Camps, Prosecutor v. Kvocka et al., Corrigendum to Decision on Defense Motion for Acquittal, IT-98-30/1 (ICTY TC, Jan. 31, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mr. Hans Holthuis

Decision of:
31 January 2001

THE PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC
DRAGOLJUB PRCAC


CORRIGENDUM TO DECISION ON DEFENSE MOTION FOR ACQUITTAL


The Office of the Prosecutor:

Ms. Susan Somers
Ms. Kapila Waidyaratne
Mr. Daniel Saxon

Defence Counsel:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

TRIAL CHAMBER I ("the 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 Tribunal");

NOTING the "Request for Corrigendum of Decision on Defence Motions for Acquittal of 15 December 2000" filed by the accused Zigic on 24 January 2001;

NOTING the "Decision on Defence Motions for Acquittal" dated 15 December 2000, (hereafter, "the Decision);

NOTING Rule 54 of the Rules of Procedure and Evidence;

DECIDES that paragraph 52, first sentence, and paragraph 53, first and second sentences, of the Decision:

"52- In relation to counts 6 and 7 of the amended indictment, the accused Zigic submits that no evidence was presented of his involvement in the Petrovdan massacre in Keraterm camp on 24 July 1992 […]

53- The Chamber agrees with the Prosecutor that abundant evidence of the presence of the accused Zigic in the camps provides a basis upon which he could be found guilty of participation in the murders of Jasmin Izejiri and "Spija" Mesic and the victims of Petrovdan under a common purpose theory of liability1. Therefore, the Chamber finds that there is sufficient evidence that could lead a reasonable court to convict the accused Zigic of crimes in relation to those events, and denies the Motion for Acquittal in so far as it concerns the murder of Jasmin Izeiri, "Spija" Mesic and the victims of Petrovdan. […]"

should be read as follows:

"52- In relation to counts 6 and 7 of the amended indictment, the accused Zigic submits that no evidence was presented of his involvement in the massacre in Keraterm camp on 24 July 1992 […].

53- The Chamber agrees with the Prosecutor that abundant evidence of the presence of the accused Zigic in the camps provides a basis upon which he could be found guilty of participation in the murders of Jasmin Izejiri and "Spija" Mesic and the victims of the massacre in Keraterm camp on 24 July 1992 under a common purpose theory of liability2. Therefore, the Chamber finds that there is sufficient evidence that could lead a reasonable court to convict the accused Zigic of crimes in relation to those events, and denies the Motion for Acquittal in so far as it concerns the murder of Jasmin Izeiri, "Spija" Mesic and the victims of the massacre in Keraterm camp on 24 July 1992. […]".

 

Done in English and French.

___________
Almiro Rodrigues
Presiding Judge

Dated this thirty-first day of January 2001,
At The Hague
The Netherlands.

[Seal of the Tribunal]


1. See more generally the Prosecution’s charts of evidence supporting the allegations made against the accused submitted with the Prosecutor’s Response.
2. See more generally the Prosecution’s charts of evidence supporting the allegations made against the accused submitted with the Prosecutor’s Response.

   

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