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IN THE APPEALS CHAMBER
Before: Judge Patricia Wald, Pre-Appeal Judge
Registrar: Mr. Hans Holthuis
Order of: 14 March 2001
PROSECUTOR
v.
ZORAN KUPREKIC
MIRJAN KUPREKIC
VLATKO KUPREKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC
_______________________________________________________
SCHEDULING ORDER
_______________________________________________________
Counsel for the Prosecutor:
Mr. Upawansa Yapa
Counsel for the Defence:
Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kuprekic
I, PATRICIA WALD, 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-appeal Judge in this matter by virtue of an order of the Appeals Chamber dated 14 March 2001;
BEING SEISED OF the following motions for the admission of additional evidence (collectively "the Motions for Admission of Additional Evidence"):
- Confidential Motion, Pursuant to Rule 115, for Admission of Additional Evidence on Appeal By the Appellant, Vlatko Kuprekic, filed by Vlatko Kuprekic on 5 September 2000, which seeks the admission of the evidence of additional witnesses Marija Kuprekic, Ivan (Ivica) Covic, AVK/1, AVK/2, AVK/3, AVK/4, AVK/7, AVK/8, Miro Lazarevic, Muhamed Trako and Ivica Cosic, and a number of exhibits;
- "Motion for Additional Evidence" and "Request of the Counsel for Drago Josipovic for the Derivation of Additional Proofs Considering Rule 115 of the Book of Rules and Procedure", filed by Drago Josipovic on 31 August 2000 and 4 October 2000 respectively, which seek the admission of (a) a video-recording of visibility in Santici on 16 April 2000 and (b) four documents obtained from Croatian State archives;
- Motion of the Counsel of Zoran and Mirjan Kuprekic for the Acceptance of Additional Evidence, Which Was Not Available At the Time of the Hearing Before the Trial Chamber (Rule 115 of the Rules of Procedure and Evidence) and Motion No. 3 of the Counsels of Zoran and Mirjan Kuprekic With Which They Request the Derivation of Additional Proofs, Based on the Rule 115 of the Rules of Procedure and Evidence, jointly filed by Zoran and Mirjan Kuprekic on 4 October 2000 and 18 December 2000 respectively, which seek the admission of (a) documents from Croatian State archives consisting of eight documents relating to the command role of Zoran Kuprekic and two documents relating to the identification of HVO units involved in the attack on Ahmici, and (b) two video-recordings of the visibility in Ahmici on 16 and 17 April 2000;
NOTING the "Decision on the Motions of Appellants Vlatko Kuprekic, Drago Josipovic, Zoran Kuprekic And Mirjan Kuprekic To Admit Additional Evidence", issued confidentially on 26 February 2001, in which the Appeals Chamber ordered, inter alia, that an oral hearing be scheduled to take place and that the Motions for Admission of Additional Evidence be determined following oral argument at the oral hearing;
NOTING that Rule 65 ter of the Rules of Procedure and Evidence ("the Rules"), in conjunction with Rule 107 of the Rules, provides that the pre-appeal Judge shall ensure that the proceedings are not unduly delayed and shall take any measure necessary to prepare the case for a fair and expeditious appeal;
HEREBY ORDER that:
1. the oral hearing to determine the Motions for Admission of Additional Evidence shall take place at 10 am on Friday 30 March 2001;
2. the appellants will be separated into three groups for the purpose of putting forward oral argument: (a) Drago Josipovic, (b) Zoran and Mirjan Kuprekic, (c) Vlatko Kuprekic;
3. Vlatko Kuprekic present oral argument as to whether his proposed additio
nal evidence can satisfy the requirements of Rule 115(A) of the Rules;4. Drago Josipovic present oral argument as to whether the video-recording can satisfy the requirements of Rule 115(A) and Rule 115(B) of the Rules and whether the four Croatian State a
rchive documents satisfy the requirements of Rule 115(B);5. Zoran and Mirjan Kuprekic present oral argument as to whether the documents from the Croatian State archive can satisfy the requirements of Rule 115(B) of the Rules, and whether the video-recor
dings of visibility satisfy the requirements of Rule 115(A) and 115(B) of the Rules;6. each group has 45 minutes to present their oral arguments, the Prosecution has one hour 15 minutes in total to respond, and each group has ten minutes to reply thereafter;
Done in both English and French, the English text being authoritative.
___________________________
Judge Patricia Wald
Pre-Appeal Judge
Dated this 14th day of March 2001
At The Hague,
The Netherlands.
[Seal of the Tribunal]
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