Case: IT-02-60-AR73,
IT-02-60-AR73.2
IT-02-60-AR73.3

IN THE APPEALS CHAMBER

Before:
Judge Fausto Pocar, Presiding
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Asoka de Zoysa Gunawardana
Judge Theodor Meron

Registrar:
Mr Hans Holthuis

Order of:
28 February 2003

PROSECUTOR

v

Vidoje BLAGOJEVIC
Dragan JOKIC
Momir NIKOLIC

____________________________

ORDER

____________________________

Counsel for the Prosecutor:

Mr. Peter McCloskey

Counsel for the Appellants:

Mr. Michael Karnavas and Ms Suzana Tomanovic, for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Ms Cynthia Sinatra for Dragan Jokic
Mr. Veselin Londrovic and Mr. Stefan Kirsch, for Momir Nikolic

 

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,

BEING SEIZED OF “Defendant Nikolic’s Appeal of the Trial Chamber’s Decision on Joint Defence Motions for Reconsideration of Trial Chamber’s Decision to Review all Discovery Materials Provided to the Accused by the Prosecution”, filed by Appellant Nikolic on 14 February 2003;

BEING SEIZED OF “Interlocutory Appeal of Dragan Jokic Pursuant to Certification under Rule 73 (B) and (C) against Decision on Joint Defence Motions for Reconsideration of Trial Chamber’s Decision to Review all Discovery Materials Provided to the Accused by the Prosecution", filed by Appellant Jokic on 17 February 2003;

BEING SEIZED OF “Vidoje Blagojevic’s Interlocutory Appeal of Trial Chamber’s Decision on Joint Defence Motions for Reconsideration of Trial Chamber’s Decision to Review all Discovery Materials Provided to the Accused by the Prosecution, and Request for Stay of Execution of Decision", filed by Appellant Blagojevic on 18 February 2003;

NOTING the Trial Chamber’s "Decision on Joint Defence Motions for Reconsideration of Trial Chamber’s Decision to Review all Discovery Materials Provided to the Accused by the Prosecution", filed on 21 January 2003 ("Impugned Decision");

NOTING the "Ordonnance du président portant nomination de juges à la chambre d’appel", filed on 27 February 2003;

NOTING the “Prosecution Request for Leave to File Consolidated Response to Interlocutory Appeals by Accused Jokic, Blagojevic and Nikolic”, filed by the Prosecution on 21 February 2003 (“Prosecution Request”), in which the Prosecution submits that because the appeal filed by Appellant Nikolic subsumes a critical issue raised by Appellants Jokic and Blagojevic in their appeals, a consolidated response to the three appeals is appropriate and will facilitate the Appeals Chamber’s consideration of the issues, and that it needs until 28 February 2003 to file the consolidated response;

HEREBY GRANTS the Prosecution Request and REMINDS the Appellants, in pursuance of the Practice Direction on Procedure for the Filings of Written Submissions in Appeal Proceedings before the International Tribunal, IT155/Rev.1, 7 March 2002, to file their replies within four days of the filing of the consolidated response of the Prosecution;

NOTING further that Appellants Jokic and Blagojevic both ask for a stay of the Impugned Decision of the Trial Chamber, to the extent that it orders that the Prosecution deliver to the Trial Chamber the following materials as soon as practicable, but not later than 3 February 2003: 1) copies of all witness statements whom the Prosecution intends to call for trial; and 2) copies of all exhibits the Prosecution intends to tender at trial;

HEREBY GRANTS their requests and STAYS the execution of the Impugned Decision in respect of all accused in the present case, pending the resolution of the instant appeals.

 

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

__________________
Judge Fausto Pocar
Presiding

Dated this 28th day of February 2003,
At The Hague,
The Netherlands.

[Seal of the Tribunal]