IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 15 May 1998

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Vladimir SANTIC, also known as "VLADO", Stipo ALILOVIC, also known as "BRKO",
Drago JOSIPOVIC, Marinko KATAVA, Dragan PAPIC

___________________________________________________________

DECISION ON DEFENCE CHALLENGES TO FORM OF THE INDICTMENT

___________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Michael Blaxill
Mr. Terree Bowers

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Petar Pavkovic, for Vladimir Santic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Borislav Krajina, for Vlatko Kupreskic

 

 

THE TRIAL CHAMBER

BEING SEISED of the Objection Based On Defects In The Form Of The Indictment filed by the Defence for Vlatko Kupreskic on 1 April 1998 and the Annex thereto filed on 8 April 1998, the Objection Of The Counsel Of The Accused Dragan Papic Because Of The Defects In The Form Of The Indictment filed on 6 April 1998, the Objection Of The Counsel Of The Accused Zoran Kupreskic Because Of The Defects In The Form Of The Indictment filed on 6 April 1998, the Objection Of The Counsel For Defence Of The Defendant Vladimir Santic Owing To The Lack In The Form Of The Indictment filed on 6 April 1998, the Objection Of The Counsel Of The Accused Drago Josipovic Because Of The Defects In The Form Of The Indictment filed on 16 April 1998, the Defence Motion on the Form of the Indictment filed on behalf of Mirjan Kupreskic on 17 April 1998, (together referred to as "the Motions"), and of the Prosecutor's Response To The Defence Objections Regarding The Form Of The Indictment filed on 21 April 1998,

NOTING that Article 19 of the Statute of the International Tribunal provides that an indictment shall be confirmed once a prima facie case is established,

NOTING that Rule 47 (C) of the Rules of Procedure and Evidence of the International Tribunal provides that the indictment shall set forth the name and particulars of the suspect, together with a concise statement of the facts of the case and of the crime with which the suspect is charged,

NOTING FURTHER that the judicial practice of the International Tribunal on this point is now well established (see, for example, Decision On The Preliminary Motions Of The Accused rendered in Prosecutor v. Dukic, Case No. International Tribunal-96-20 on 26 April 1996, the Decision on the Accused Mucic's Motion for Particulars rendered in Prosecutor v. Delalic et al., Case No. IT-96-21 on 26 June 1996, Decision on Motion by the Accused Zejnil Delalic based on Defects in the Form of the Indictment rendered in the same case on 2 October 1996, Decision on the Form of the Indictment rendered in the Prosecutor v. Blaskic, Case No. International Tribunal-95-14 on 4 April 1997, et cetera),

CONSIDERING that the indictment in this case meets the requirements set out above,

CONSIDERING FURTHER that the Prosecutor may be justified in bringing cumulative charges when the Articles of the Statute referred to are designed to protect different values and when each Article requires proof of a legal element not required by the others,

HEREBY DISMISSES THE MOTIONS.

 

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

 _________________________

Antonio Cassese

Presiding Judge

 Dated this fifteenth day of May 1998

At The Hague

The Netherlands

[Seal of the Tribunal]