Case No. IT-02-60-T
Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay
Registrar:
Mr. Hans Holthuis
Decision of:
17 June 2002
PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN JOKIC
____________________________________
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
TRIAL CHAMBER I, SECTION A, (“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”),
BEING SEISED of the “Prosecution’s Motion for Leave to File Third Amended Joinder Indictment,” filed by the Office of the Prosecutor (“Prosecution”) on 26 May 2003 (“Motion”), which followed the separation of the proceedings against Dragan Obrenovic from the proceedings in this case following the acceptance by the Trial Chamber of his plea of guilty to one count of the Amended Joinder Indictment of 27 May 2002 (“Amended Joinder Indictment”) and the dismissal of the remaining counts against him,1
NOTING the “Prosecution’s Motion for Leave to File Second Amended Joinder Indictment” on 13 May 2003 (“First Motion”), which followed the separation of the proceedings against Momir Nikolic from the proceedings in this case following the acceptance by the Trial Chamber of his plea of guilty to one count of the Amended Joinder Indictment and the dismissal of the remaining counts against him,2
NOTING that the amendments proposed in the First Motion have been included in the Motion, and that the First Motion is therefore rendered moot,
NOTING the response filed on behalf of one accused within the time-period specified by the Trial Chamber,3 namely “Dragan Jokic’s Objections to Prosecution’s Motion for Leave to File Third Amended Joinder Indictment” filed on 4 June 2003 (“Jokic Response”),
NOTING the conference held in accordance with Rule 65ter of the Rules of Procedure and Evidence of the Tribunal (“Rules”), on 23 May 2003, with representatives of the Trial Chamber, the Prosecution and the Defence Counsel for the accused Dragan Jokic and Vidoje Blagojevic, at which issues pertaining to the amendment of the Amended Joinder Indictment were discussed,
NOTING the amendments suggested by the Prosecution in the Motion, mainly in relation to deletion of charges and references to Dragan Obrenovic and Momir Nikolic, in light of the pleas of guilt entered by them, as well as modifications in Paragraphs 45, 46.4, 46.9, 46.10, 46.11, 46.12, 47.7, 47.8 and 49,
NOTING that the Prosecution avers that as there are no new charges or counts against the remaining two accused, and no substantial changes to the facts underlying the existing counts, Rules 50(b) and (c) do not apply,4
NOTING the objections in the Jokic Response in relation to amendment of the Amended Joinder Indictment, particularly (i) that the guarantees granted to an accused by the Statute and Rules of the Tribunal are violated by the amendments;5 (ii) the rewording of phrases in Paragraphs 46.9, 46.10, 46.11 and 46.126 changes the level of responsibility of Dragan Jokic and is akin to a new charge against him;7 (iii) there is a lack of specificity in pleading material facts and that the amendments are void for vagueness ;8 and (iv) the substance of the charges against Dragan Jokic have been changed,9
CONSIDERING the principles embodied in the Statute and the Rules, in particular Article 18(4) of the Statute and Rule 47(C) of the Rules, read with Articles 20, 21(4)(a), 21(4)(b), 21(4)(c) of the Statute,10
CONSIDERING that there is an obligation on the part of the Prosecution to state material facts underpinning the charges in the indictment, such that the accused is provided with sufficient detail to prepare his defence,11
CONSIDERING that it is to be determined whether amendments to an indictment result in any prejudice to the accused, having regard to the circumstances of the case as a whole,12
CONSIDERING that the Trial Chamber believes that the Prosecution has provided the material facts underpinning the charges, and that the modifications suggested by the Prosecution in the Motion neither changes the liability of the accused Dragan Jokic, nor rises to the level of a new charge,
CONSIDERING further, that the position of the accused Dragan Jokic and Vidoje Blagojevic remains the same as in the Amended Joinder Indictment, and the Trial Chamber is of the view that both the accused have been on notice in relation to the charges against them and the amendments do not prejudice either of the accused in the preparation and conduct of their defence,
PURSUANT TO Rules 50 and 54 of the Rules,
HEREBY GRANTS the Motion.
Done in French and English, the English version being authoritative.
__________________
Judge Liu Daqun
Presiding
Dated this seventeenth day of June 2003,
At The Hague
The Netherlands
[Seal of the Tribunal]