Omarska, Keraterm & Trnopolje Camps, Prosecutor v. Kvocka et al., Order, IT-98-30/1 (ICTY TC, Mar. 10, 2004)

Case No. IT-98-30/1-A

IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Fausto Pocar
Judge Florence Mumba
Judge Mehmet Güney
Judge Inés Mónica Weinberg de Roca

Registrar:
Mr. Hans Holthuis

Order of:
10 March 2004

PROSECUTOR

Miroslav KVOCKA, Mladjo RADIC, Zoran ZIGIC and Dragoljub PRCAC

_______________________________

ORDER

_______________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellants:

Mr. Kstan Simic for Miroslav Kvocka
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

THE Appeals 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 a "Request to Appeals Chamber for Legal Assistance in Appeals Procedure"(sic) filed confidentially and ex parte on 26 February 2004 by the Appellant Zigic personally ("Request" and "Appellant"), in which the Appellant submits inter alia that the Prosecution is concealing evidence and does not comply with its Rule 68 obligations and also expresses "great concern because of the Decision of 16 February 2004 on additional evidence pursuant to Rule 115";

CONSIDERING that second part of the Request amounts to a motion for reconsideration of the "Decision on Appellants’ Motions to Admit Additional Evidence pursuant to Rule 115" rendered by this Chamber on 16 February 2004;

CONSIDERING that the Appellant has advanced no reason why the Request needed to be filed ex parte and it is necessary to have this Request filed confidentially but inter partes;

HEREBY DIRECTS the Registrar to file the Request confidentially and inter partes, and

ORDERS the Prosecution to file a response to the Request by 17 March 2004 and the Appellant to file a reply, if he wishes to do so, by 19 March 2004.

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

_________________________
Mohamed Shahabuddeen
Presiding Judge

Dated this 10^th day of March 2004,
At The Hague,
The Netherlands.

[Seal of the Tribunal]

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