IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
19 July 2001

PROSECUTOR

v.

MOMCILO KRAJISNIK
&
BILJANA PLAVSIC

__________________________________________________

DECISION ON MOTION FROM MOMCILO KRAJISNIK TO COMPEL PROSECUTION TO PROVIDE IDENTITY OF SUBORDINATES

__________________________________________________

Office of the Prosecutor:

Mr. Mark Harmon
Mr. Alan Tieger

Counsel for the Accused:

Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert. J. Pavich, for Biljana Plavsic

 

THIS 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 ("International Tribunal"),

BEING SEISED of the "Motion to Compel Prosecution to Provide Identity of Subordinates", filed by the Defence for Krajisnik on 25 June 2001 ("the Motion"), in which the accused seeks to compel the Office of the Prosecutor ("Prosecution") to provide the name and identity of each individual that the Prosecution will claim at trial is a co-conspirator or a subordinate over whom the accused Krajisnik is said to have exercised command responsibility,

NOTING the "Prosecutionís Response to Motion for Particulars as to Identity of Subordinates" filed by the Prosecution on 6 July 2001 ("the Response"), in which it opposes the Motion,

NOTING the "Motion to Allow Reply in Further Support of Motion to Compel Prosecution to Provide Identity of Subordinates" filed by the Defence on 9 July 2001,

NOTING the oral submissions of the parties made with respect to the Motion on 10 July 2001,

CONSIDERING that this Motion amounts essentially to a request for particulars of the indictment and that the Trial Chamber has already twice ruled on motions by the accused which raised similar issues (in its Decisions of 1 August 2000 and 8 May 2001),

CONSIDERING that the instant Motion raises no new relevant argument,

CONSIDERING, also, that this Motion should have been made pursuant to Rule 72, the time-limit for which has long since expired,

PURSUANT TO RULES 54, 72 AND 73 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES THE MOTION.

 

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

___________________________
Richard May
Presiding

Dated this nineteenth day of July 2001
At The Hague
The Netherlands

[Seal of the Tribunal]