Kosovo, Croatia and Bosnia, Prosecutor v. Milosevic, Scheduling Order Concerning Recommencement of the Trial, IT-02-54 (ICTY TC, Aug. 25, 2004)

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar: Mr. Hans Holthuis
Decision of: 25 August 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

SCHEDULING ORDER CONCERNING RECOMMENCEMENT OF THE TRIAL

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack
Ms. Gillian Higgins

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 recent Orders issued by the Trial Chamber on the future conduct of the trial;
The submissions received from the Prosecution and Amici Curiae addressing these matters, and in particular the assignment or imposition of defence counsel and the possible severance of one or more of the indictments in these proceedings; and
The confidential medical reports received from Professor Tavernier and Dr. van Dijkman (and accompanying toxicology report of Dr. Touw), of 29 July and
18 August respectively,

CONSIDERING the position taken by the Prosecution, Amici Curiae and the Accused (to the extent that these are expressed by the Amici Curiae in their submissions),

NOTING that the trial is scheduled to recommence on 31 August 2004,

CONSIDERING that it is appropriate to give notice of the procedure that the Trial Chamber will follow upon resumption of the trial,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS AS FOLLOWS:

The trial will recommence on 31 August 2004, the trial schedule being as follows:
1. the Accused will make his opening statement;
2. following the opening statement of the Accused, there will be a procedural hearing at which the parties and Amici Curiae may make further submissions concerning the content of the medical reports and assignment of defence counsel, and raise, with leave of the Trial Chamber, any other urgent procedural issues;
3. the Trial Chamber will thereafter issue a further order concerning these matters; and
4. no evidence will be heard until Tuesday, 7 September 2004; and
Whilst severance of one or more of the indictments remains an option, the Trial Chamber will not give further consideration to it at this time.

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

________________________

Judge Robinson Presiding

Dated this twenty-fifth day of August 2004

At The Hague

The Netherlands

[Seal of the Tribunal]

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