Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Order of:
11 March 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

________________________________

ORDER ON PROSECUTION FILING OF AMENDED ANNEX I TO CROATIA INDICTMENT

________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack

 

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 ("International Tribunal"),

BEING SEISED OF a "Prosecution Filing of Amended Annex I to Croatia Indictment", filed 5 March 2004 ("Motion"), in which the Prosecution seeks to substitute Annex I to the Croatia Indictment with a version deleting, changing the identifying information of, or adding certain victims to Annex I of that Indictment, following the testimony of the witness Ivan Grujic (“witness”),

NOTING that the Prosecution bases its application on a statement made by Judge May during the course of the testimony of the witness, as follows:

In due course…it may be right, in light of this evidence and any other that there may be which would require amendment, formally for you to serve a document amending the indictment to delete these names.1

NOTING that Judge May’s comments go to the deletion of names and not to the addition of names or amendment of identifying information of victims named in the Indictment,

CONSIDERING that, although the Prosecution asserts that it is not seeking to amend the Croatia Indictment, the amendments sought can only be characterised as an application to amend that Indictment, thereby rendering applicable Rule 50 (A)(i)(c) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), which provides that

(A) (i) The Prosecutor may amend an indictment:

(c) after the assignment of the case to a Trial Chamber, with the leave of that Trial Chamber or a Judge of that Chamber, after having heard the parties.

PURSUANT TO Rule 50 (A)(i)(c) of the Rules

HEREBY ORDERS as follows:

  1. The Motion shall be treated as an application to amend the Croatia Indictment; and

  2. The Accused and the Amici Curiae shall file any submissions concerning the application, including its effect, if any, on the Rule 98 bis Motion, by Friday, 19 March 2004.

 

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

___________
Judge Robinson
Presiding

Dated this eleventh day of March 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. 3 March 2003, TP 17287.    

Follow on X | Database Scope | Terms & Conditions | About

Copyright © 1999- WorldCourts. All rights reserved.