Case No. IT-98-30/1-A

IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Fausto Pocar
Judge Florence Mumba
Judge Mehmet Güney
Judge Inés Mónica Weinberg de Roca

Registrar:
Mr. Hans Holthuis

Order of:
26 February 2004

PROSECUTOR

v.

Miroslav KVOCKA, Mladjo RADIC, Zoran ZIGIC and Dragoljub PRCAC

___________________________________

ORDER

___________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellants:

Mr. Kstan Simic for Miroslav Kvocka
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

THE Appeals 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"),

NOTING the "Decision on Appellants’ Motions to Admit Additional Evidence Pursuant to Rule 115" rendered on 16 February 2004, which ordered that the Witnesses identified in Items 4 and 16 of annex D to the decision ("Additional Witnesses") will be heard by the Appeals Chamber pursuant to Rules 98 and 107 of the Rules of Procedure and Evidence ("Rules");

Noting the "Scheduling Order" issued on 16 February 2004, which orders that the hearing on appeal in this case shall commence on 23 March 2004 and that the Appellant Zigic shall be responsible for contacting the Additional Witnesses in order to make arrangements for their appearance before the Appeals Chamber on 23 March 2004;

NOTING the "Request to the Trial Chamber [sic] to Review the Decision of the Registry of 10 December 2003" filed confidentially and ex parte by the Appellant Zigic on 9 January 2004 which is currently pending before the Appeals Chamber;

NOTING the "Supplement to Appeal against the Registry Decision on my Financial Status Dated 10 December 2003" ("Supplementary Filing by Zigic") filed confidentially and ex parte by the Appellant Zigic on 23 February 2004, in which the Appellant Zigic asks for additional time and funds in order to contact the Additional Witnesses, inter alia, because the current whereabouts of the Additional Witnesses are not known to the Appellant, he does not currently have a lawyer, and he would require further time and resources to locate these witnesses;

CONSIDERING that the Prosecution, which disclosed the Additional Witnesses’ statements to the Appellant pursuant to Rule 68 of the Rules, has had direct contact with the Additional Witnesses and is therefore in possession of information concerning their whereabouts;

CONSIDERING that, in light of the Supplementary Filing by Zigic and of the fact that the Additional Witnesses were ordered to appear before the Appeals Chamber pursuant to Rules 98 and 107 of the Rules, it is necessary to reconsider the Scheduling Order of 16 February 2004;

HEREBY

  1. ORDERS the Prosecution to communicate the most complete and recent information concerning the whereabouts of the Additional Witnesses to the Victims and Witnesses Section by Monday 1 March 2004;
  2. DIRECTS the Victims and Witnesses Section of the Registry to locate and contact the Additional Witnesses and to make arrangements for their travel to The Hague and for their appearance before the Appeals Chamber pursuant to the Scheduling Order of 16 February 2004.

 

_________________________
Mohamed Shahabuddeen
Presiding Judge

Dated this 26th day of February 2004,
At The Hague,
The Netherlands.

[Seal of the Tribunal]