Case No. IT-02-60-A

BEFORE THE APPEALS CHAMBER

Before:
Judge Theodor Meron, President
Judge Fausto Pocar
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Andrésia Vaz

Registrar:
Mr. Hans Holthuis

Decision:
26 October 2005

THE PROSECUTOR

v.

Vidoje BLAGOJEVIC
Dragan JOKIC

_______________________________________________

DECISION ON PROSECUTIONíS MOTION TO STRIKE PART OF VIDOJE BLAGOJEVICíS ADDITIONAL SUBMISSIONS

_______________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Mr. Peter McCloskey

Counsel for the Appellants:

Mr. Vladimir Domazet for Mr. Vidoje Blagojevic
Ms. Cynthia Sinatra for Mr. Dragan Jokic

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");

NOTING the Decision on Prosecutionís Request for Leave to Amend Notice of Appeal in Relation to Vidoje Blagojevic, filed on 20 July 2005 ("20 July Decision"), which permitted the Prosecution to amend its notice of appeal and allowed Mr. Blagojevic to file ďadditional submissions in response to the amendmentsĒ;

NOTING the Additional Submissions filed by Mr. Blagojevic on 6 September 2005;1

BEING SEIZED OF the Prosecutionís Motion to Strike Part of Vidoje Blagojevicís Additional Submissions of 6 September 2005 ("Motion"), filed on 13 September 2005, which seeks to have paragraphs 6 through 21 struck from the submissions because they do not address the subject matter on which additional submissions were permitted;

NOTING Mr. Blagojevicís Response to this Motion, filed on 26 September 2005, which "accepts that para 6-21 are not to be taken into account";2

CONSIDERING that the 20 July Decision permitted additional submissions only in relation to the amendments made to the Prosecutionís notice of appeal;3

CONSIDERING that paragraphs 6 through 21 do not address the amendments made to the Prosecutionís notice of appeal but instead address certain other points raised by the Prosecutionís appeal;

FINDING that the arguments developed in paragraphs 6 through 21 therefore go beyond the scope of the additional submissions permitted by the 20 July Decision;

HEREBY GRANTS the Motion, STRIKES paragraphs 6 through 21 of the Additional Submissions, and ORDERS Mr. Blagojevic to re-file the Additional Submissions, with those paragraphs removed, within seven days of the date of this decision.

 

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

Dated 26 October 2005
At The Hague
The Netherlands

______________________
Judge Theodor Meron
Presiding

[Seal of the Tribunal]


1. Defence of Accused Mr. Vidoje Blagojevic Motion with Additional Submissions in Response to the Amendments to the Prosecutionís Notice of Appeal by Decision of the Appeals Chamber from 20 July 2005, 6 September 2005.
2. Defence of the Accused Mr. Vidoje Blagojevic Motion About Additional Submissions in Response to the Amendments to the Prosecutionís Notice of Appeal by Decision of the Appeals Chamber in Response to Prosecutionís Motion of 13 September 2005, 26 September 2005.
3. 20 July Decision, p. 5.