Krajina, Prosecutor v. Brdanin, Order Terminating Proceedings Against Momir Talic, IT-99-36 (ICTY TC, Jun. 12, 2003)

Case No. IT-99-36/1-T

IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius

Registrar:
Mr. Hans Holthuis

Decision of:
12 June 2003

PROSECUTOR
v.
MOMIR TALIC

______________________________

ORDER TERMINATING PROCEEDINGS AGAINST MOMIR TALIC

______________________________

The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Andrew Cayley

Counsel for the Accused:

Mr. Slobodan M. Zecevic
Ms. Natacha Ivanovic Fauveau

TRIAL CHAMBER II ("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 ("Tribunal"):

NOTING the Death Certificate No 3612/2003, issued on 29 May 2003 by the Registrar’s Office of Savski Venac Municipality, Belgrade, Serbia and Montenegro, and filed by the Defence for Momir Talic ("Defence") on 2 June 2003¹, certifying that Momir Talic, born on 15 July 1942 in Piskavica, Banja Luka, died on 28 May 2003 in Belgrade ("Death Certificate");

NOTING that the Prosecution accepts that the Death Certificate is an authentic death certificate relating to the death of Momir Talic²;

NOTING the "Urgent Motion to Dismiss Charges against General Talic without Prejudice", filed by the Defence on 12 May 2003 ("Motion"), and "Prosecution’s Response to Accused’s ‘Urgent Motion to Dismiss Charges against General Talic without Prejudice’ dated 12 May 2003", filed by the Prosecution on 21 May 2003;

CONSIDERING that in the case of the death of an accused, the proceedings are terminated;

CONSIDERING that, in view of the current circumstances, the Motion is now moot;

HEREBY TERMINATES THE TRIAL PROCEEDINGS AGAINST MOMIR TALIC.

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

Dated this twelfth day of June 2003,
At The Hague
The Netherlands

____________________________
Wolfgang Schomburg
Presiding Judge

[Seal of the Tribunal]

1 - The first "Formal Notification on Death of Gen. Talic" was filed by the Defence on 30 May 2003, with an illegible copy of a Death Certificate attached. As a result, the Defence filed a new Notification and a legible copy of the Death Certificate of Momir Talic on 2 June 2003.
2 - Prosecutor v. Radoslav Brdjanin, IT-99-36-T, Hearing of 4 June 2003, T 17024.

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