Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 24 November 1998




Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"




The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

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


TRIAL CHAMBER II 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 a written Motion dated 21 November 1998 submitted by Ms. Slokovic Glumac, counsel for Mirjan Kupreskic, on behalf of the accused Zoran Kupreskic and Mirjan Kupreskic, to delay the Kupreskic trial proceedings from Monday 30 November 1998 to Monday 11 January 1999, on the grounds of the ill-health of Mr. Radovic, counsel for Zoran Kupreskic, who is suffering from serious ailments as set out in the medical reports annexed to the said Motion;

CONSIDERING the reasons given for delaying the trial set out in that Motion, and in particular the concluding contention of by Ms. Slokovic Glumac that, "it would be violative of the defendants’ rights to proceed at this time since Counselor Radovic is an integral SpartC of the preparation and presentation of the defendants’ case", and the fact that the accused and counsel for the other accused all assent to the Motion;

HAVING CONSIDERED the importance of conducting expeditious trials in the interests of justice and the fulfilment of the Tribunal’s mandate;

HAVING EQUALLY CONSIDERED the rights of the accused, and in particular the right to be represented by counsel at all stages of the proceedings;

CONSIDERING that Mr. Tomislav Pasaric of Zagreb was assigned co-counsel to Mr. Radovic on or around 24 November 1998, but that co-counsel is not yet fully and adequately prepared to proceed to the defence case before 11 January 1999, and that therefore there is no counsel on the record who can fully and adequately represent Zoran Kupreskic at hearings conducted prior to that date;

CONSIDERING nonetheless that Mr. Tomislav Pasaric has some seven weeks to prepare with Mr. Radovic, and with Ms. Slokovic Glumac with whom Mr. Radovic is conducting a joint case, for the defence case opening on 11 January 1999, and that accordingly no further delay will be permitted on the grounds of Mr. Radovic’s ill-health from that date onwards,


ADJOURNS the Kupreskic trial proceedings to Monday, 11 January 1999 at 9.30 a.m., to proceed in the same order in the presentation of evidence as was envisaged for the proceedings which were to commence on Monday, 30 November 1998.


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


Antonio Cassese

Presiding Judge

Dated this twenty-fourth day of November 1998

At The Hague

The Netherlands

[Seal of the Tribunal]