Case Nos.: IT-03-73-PT
IT-01-45-PT

THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Fausto Pocar, President

Registrar:
Mr. Hans Holthuis

Order of:
23 February 2006

PROSECUTOR

v.

IVAN CERMAK and MLADEN MARKAC

__________________________________________________

ORDER REFERRING THE JOINDER MOTION

_________________________________________________

Counsel for the Accused:

Mr. Cedo Prodanovic and Ms. Jadranka Slokovic for Ivan Cermak
Mr. Miroslav Separovic and Mr. Goran Mikulicic for Mladen Markac
Mr. Geert-Jan Alexander Knoops for Ante Gotovina

The Office of the Prosecutor:

Mr. Alan Tieger

 

I, FAUSTO POCAR, President 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 that this case is currently assigned to a Bench in Trial Chamber II pursuant to the "Order Assigning a Case to a Trial Chamber" issued on 9 March 2004;

NOTING the Amended Indictment filed on 15 December 2005;

NOTING the "Prosecutionís Consolidated Motion to Amend the Indictment and for Joinder" filed on 20 February 2006 ("Prosecutionís Consolidated Motion") in which the Prosecution requests that this case be jointly charged and tried with the case, Prosecutor v. Ante Gotovina, Case No. IT-01-45-PT;1

CONSIDERING that one of the Judges on the Bench in this case has informed me that he is unable to hear any matters relating to the accused, Ante Gotovina, due to a previous association as a national Judge, which may impinge upon his impartiality;

NOTING that the Prosecutionís Consolidated Motion was also filed in the Gotovina case;

NOTING the "Order Assigning a Case to a Trial Chamber" issued on 9 December 2005 assigning the Gotovina case to a Bench in Trial Chamber II;

CONSIDERING the trial management and case distribution needs of the International Tribunal;

HEREBY ASSIGN, pursuant to Rules 15 and 19 of the Rules of Procedure and Evidence of the International Tribunal, the Bench presiding over the Gotovina case to hear the Prosecutionís Consolidated Motion and all motions related to joinder with the Gotovina case filed in this case, which is composed of the following Judges:

Judge Carmel Agius

Judge Kevin Parker

Judge Christine Van Den Wyngaert

 

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

Done this 23rd day of February 2006,
At The Hague,
The Netherlands.

__________________
Judge Fausto Pocar
President

[Seal of the International Tribunal]


1. Prosecutionís Consolidated Motion, para. 3.