Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Bosnia and Herzegovina, Prosecutor v. Krajisnik, Decision on Motion for Joinder, IT-00-39 (ICTY TC, Feb. 23, 2001)
IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
23 February 2001

PROSECUTOR

v.

MOMCILO KRAJISNIK

PROSECUTOR

v.

BILJANA PLAVSIC

____________________________________________

DECISION ON MOTION FOR JOINDER

____________________________________________

Office of the Prosecutor:

Ms. Brenda J. Hollis

Counsel for the Accused:

Mr. Goran Neskovic for Momcilo Krajisnik
Ms. Jasminka Jovisevic for Biljana Plavsic

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 ("International Tribunal"),

BEING SEISED of the "Prosecution’s Motion for Joinder of Accused" filed by the Office of the Prosecutor ("Prosecution") in Prosecutor v. Momcilo Krajisnik, Case No. IT-00-39 and in Prosecutor v. Biljana Plavsic, Case No. IT-00-40, on 23 January 2001, requesting an order for a joint trial of the two accused,

NOTING the confidential "Motion of the Defendant Mr. Momcilo Krajisnik in Opposition to Prosecution’s Motion for Joinder of Accused, of 23 January 2001, and for Reservation of Rights", filed on 5 February 2001 and the confidential "Defence’s Response to the Prosecution’s Motion for Joinder of Accused" filed by the defence for Biljana Plavsic on 12 February 2001,

CONSIDERING that Momcilo Krajisnik and Biljana Plavsic are accused of identical crimes committed in the course of the same transaction within the same time frame and in the same locations,

CONSIDERING that a joint trial would accelerate the trial of one of the accused, Biljana Plavsic, without prejudice to her or to the rights of the other accused, avoid duplication of evidence, minimise hardship caused to witnesses in travelling to the seat of the International Tribunal in order to testify, and is generally in the interests of judicial economy,

CONSIDERING that the Defence has not made out a case of any conflict of interests within the meaning of Rule 82 (B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING therefore that the interests of justice and a fair trial would be best served by a joint trial in this case,

PURSUANT TO Articles 20 and 21, paragraph 4 (c), of the Statute and Rules 48 and 82 of the Rules,

HEREBY ORDERS that the trial of Biljana Plavsic be joined to the trial of Momcilo Krajisnik, and that the Prosecution submit within 14 days of this decision a consolidated indictment on which the joint trial will proceed,

AND FURTHER REQUESTS the Registry to determine and assign to the joined cases a new case number; all documents filed in those joined cases shall bear this new number as from the day of this decision.

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

_________________________
Richard May
Presiding

Dated twenty-third day of February 2001
At The Hague
The Netherlands

[Seal of the Tribunal]

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