Before: Judge Lal Chand Vohrah

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision: 9 November 1998

 

 

 

THE PROSECUTOR

v.

MIROSLAV KVOCKA, MLADEN RADIC,

MILOJICA KOS AND ZORAN ZIGIC


ORDER

GRANTING LEAVE TO FILE AN AMENDED INDICTMENT

AND CONFIRMING THE AMENDED INDICTMENT


 

 

 

 

Office of the Prosecutor:

Mr. Michael J. Keegan

Ms. Ann E. Sutherland

 

I, Lal Chand Vohrah, Judge of the International Tribunal for the Former Yugoslavia ("the International Tribunal"), in Chambers,

NOTING the original indictment against Miroslav Kvocka, Mladen Radic, Milojica Kos and Zoran Zigic in the Omarska camp case, Case No. IT-95-4-I, ("Omarska Indictment"), confirmed on 13 February 1995, and the original indictment against Zoran Zigic in the Keraterm camp case, Case No. IT-95-8-I, ("Keraterm Indictment"), confirmed on 21 July 1995,

NOTING the Decisions of Trial Chamber I on the Prosecutorís motions for leave to amend the Omarska and Keraterm Indictments, issued on 29 July 1998, in which the Trial Chamber instructed the Prosecutor to refer its applications to amend these Indictments to the confirming Judge or to any other Judge designated by the President,

NOTING the Presidentís Order on the Prosecutorís requests for the assignment of a confirming Judge, issued on 28 August 1998,

NOTING the Application by the accused Mladen Radic for leave to appeal against the Presidentís Order on the Prosecutorís request for assignment of a confirming Judge, filed on 3 September 1998, and the subsequent withdrawal of the said Application, filed on 6 October 1998,

CONSIDERING the subsequent Requests by the Prosecutor for leave to amend the Omarska Indictment and the Keraterm Indictment, both filed on 2 September 1998,

CONSIDERING the subsequent Submission by the Prosecutor of the proposed amended indictment and attachments A and B, filed on 3 September 1998,

PURSUANT to Article 19 of the Statute of the International Tribunal and Rules 47, 50(A) and 53(C) of the Rules of Procedure and Evidence of the International Tribunal,

GRANT leave for the Prosecutor to amend the Omarska Indictment as it relates to the accused Miroslav Kvocka, Mladen Radic, Milojica Kos and Zoran Zigic and the Keraterm Indictment as it relates to the accused Zoran Zigic by way of, inter alia, consolidating the charges against the four accused into one single indictment,

CONFIRM the amended indictment in respect of each and every count therein,

FURTHER GRANT leave for the Prosecutor to withdraw the names of Miroslav Kvocka, Mladen Radic, Milojica Kos and Zoran Zigic from the Omarska Indictment and the name of Zoran Zigic from the Keraterm Indictment, and

ORDER that there be no disclosure of attachments A and B (Official Record at Registry Page D 1496 - D1490).

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

_____________________

Judge Lal Chand Vohrah

Dated this ninth November 1998

At The Hague

The Netherlands [Seal of the Tribunal]