IN THE TRIAL CHAMBER
Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Registrar:
Mrs Dorothee de Sampayo Garrido-Nijgh
Order of:
11 May 2000
PROSECUTOR
v
STANISLAV GALIC
______________________________________________________
ORDER ON THE DEFENCE MOTION TO SUPPRESS INSUFFICIENCY OF INDICTMENT
______________________________________________________
Office of the Prosecutor:
Mr Franck Terrier
Counsel for the Defence:
Mr Nikola Kostich
TRIAL CHAMBER I 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 SEIZED of the Defences "Motion to Suppress Insufficiency of Indictment", dated 7 April 2000 and filed on 13 April 2000 (the "Motion"), in which the Defence submits that the Trial Chamber should dismiss the indictment for its failure to provide sufficient facts and information to support the allegations therein; that the Defence is currently in possession of insufficient materials and submissions which would allow for a full argument on the case; and, finally, that the limited number of witness statements which the Defence has in its possession have been redacted and edited so that many of the citations can easily be read out of context;
NOTING the "Prosecutors Response to Defence Motion to Suppress Insufficiency of Indictment", dated and filed on 20 April 2000, in which the Prosecution submits that the Motion should be denied, arguing that if the Motion is to be considered as a challenge to the form of the indictment, it is to be dismissed as being filed outside of the time-limit; and arguing further that the Defences plea of lack of evidence is without merit at this stage;
CONSIDERING that, pursuant to Rule 72(A)(ii) of the Rules of Procedure and Evidence (the "Rules"), preliminary motions challenging the form of the indictment are to be brought not later than thirty days after disclosure by the Prosecution in accordance with Rule 66(A)(i) of the Rules; that this disclosure was completed by 5 January 2000 and that, consequently, any preliminary motion should have been filed by 5 February 2000, as was determined at the status conference held on 11 April 2000; that, by this date, no such motion nor any motion for extension of time-limit had been submitted;
FOR THE FOREGOING REASONS,
REJECTS the Motion.
Done in English and French, the English version being authoritative.
______________________
Almiro Rodrigues
Presiding Judge
Done this 11 May 2000
At The Hague,
The Netherlands.
[Seal of the Tribunal]