Bosnia and Herzegovina, Prosecutor v. Krajisnik, Order Accepting Third Party Submission and Ordering Further Filings, IT-00-39 (ICTY TC, Sep. 18, 2002)

Case No.: IT-00-39 & 40-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
18 September 2002

PROSECUTOR
v.
MOMCILO KRAJISNIK
&
BILJANA PLAVSIC

_____________________________________________

ORDER ACCEPTING THIRD PARTY SUBMISSION AND ORDERING FURTHER FILINGS

_____________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Alan Tieger

Counsel for the Accused:

Mr. Deyan Brashich and Mr. Nikola Kostich, for Momcilo Krajisnik
Mr. Robert J. Pavich, Mr. Eugene O’Sullivan and Mr. Peter Murphy, for Biljana Plavsic

Peace Stabilization Force (SFOR):

Lieutenant General John Sylvester, Commander

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"),

BEING SEISED of a "Renewed Motion for Provisional Release" filed by counsel for the accused, Momcilo Krajisnik, on 5 June 2002, ("the Request"),

NOTING the Order of the Trial Chamber issued on 17 July 2002, instructing the defence for Momcilo Krajisnik to obtain and file a guarantee from the Government of the Republic of Serbia and an updated guarantee from the Federal Republic of Yugoslavia,

NOTING the submission by the defence on 26 July 2002 of an updated guarantee from the Federal Republic of Yugoslavia and, on 2 August 2002, of a guarantee from the Government of the Republic of Serbia (together "the guarantees"),

NOTING the submission from the Office of the Prosecutor ("Prosecution") filed on 12 August 2002 seeking leave to file further submissions on the nature and character of the guarantees,

NOTING also the confidential ex parte memorandum dated 12 September 2002 addressed to the Trial Chamber by the Registrar of the International Tribunal, acting pursuant to his powers under Rule 33 (B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), in which the attention of the Trial Chamber is drawn to a letter from the Commander of the Peace Stabilisation Forcer (SFOR) dated 11 August 2002, addressing the pending application for provisional release by the accused, Momcilo Krajisnik, ("the SFOR letter")

NOTING that SFOR is not a party to these proceedings,

CONSIDERING, however, the matters raised by the Registrar in the memorandum, in particular, the mandate of SFOR as a body established under the authority of the United Nations Security Council and the assistance provided by it to the International Tribunal,

Proprio motu

PURSUANT TO Rules 54 and 74 of the Rules

HEREBY ORDERS as follows:

the SFOR letter shall be formally entered in the record of these proceedings;

the SFOR letter and the memorandum from the Registrar dated 12 September 2002 shall be served on all parties immediately;

the parties shall have until Friday 27 September 2002 to file responses, if any, commenting upon the matters raised in the SFOR letter; and

the Prosecution shall have until Friday 27 September 2002 to make written submissions on the nature and character of the guarantees.

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

_____________________________
Richard May
Presiding

Dated this eighteenth day of September 2002
At The Hague
The Netherlands

[Seal of the Tribunal]

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