Case No.: IT-05-87-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
22 July 2005

PROSECUTOR

v.

MILAN MILUTINOVIC
NIKOLA SAINOVIC
DRAGOLJUB OJDANIC
NEBOJSA PAVKOVIC
VLADIMIR LAZAREVIC
VLASTIMIRDjOR\EVIC
SRETEN LUKIC

__________________________________________________________

DECISION ON PROSECUTIONíS REQUEST FOR EXTENSION OF TIME TO FILE AMENDED CONSOLIDATED INDICTMENT

_________________________________________________________

The Office of the Prosecutor

Mr. Thomas Hannis
Ms. Cristina Moeller
Ms. Carolyn Edgerton

Counsel for the Accused

Mr. Eugine OíSullivan and Mr. Slobodan Ze~evic for Milan Milutinovic
Mr. Toma Fila and Mr. Vladimir Petrovic for Nikola Sainovic
Mr. Tomislav Vi{njic and Mr. Peter Robinson for Dragoljub Ojdanic
Mr. John Ackerman and Mr. Aleksander Alek{ic for Mr. Neboj{a Pavkovic
Mr. Mihaljo Bakrac for Mr. Vladimir Lazarevic
Mr. Theodore Scudder for Mr. Sreten Lukic

 

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 "Prosecutionís Request for Extension of Time to File Amended Consolidated Indictment," filed on 20 July 2005 ("Prosecutionís Request"), in which the Prosecution requests an extension of time of two weeks in which to file an amended consolidated indictment, following the Trial Chamberís Decisions on the Prosecution Motion for Joinder ("Decision on Joinder"), on Sreten Lukicís Preliminary Motion on Form of Indictment ("Lukic Decision on Form of Indictment"), and on Vladimir Lazarevicís Preliminary Motion on Form of Indictment ("Lazarevic Decision on Form of Indictment"), filed on 8 July 2005,

NOTING the following submissions contained in the Prosecutionís Request:

  1. The Prosecution indicated at the last status conference for Vladimir Lazarevic that it has been undertaking a review of the current indictment taking into consideration, inter alia, matters that have transpired in the Milo{evic case, matters concerning Kosovo, and the requirement of a consolidated indictment in the event of joinder,-1-

  2. In light of the Trial Chamberís Decisions of 8 July 2005,-2- the Prosecution is now undertaking a general review of the indictment, in particular to take account of developments since the filing of the Pavkovic et al. indictment on 2 October 2003, including evidence that has been presented in the Milo{evic case and information from on-going investigations,-3-

  3. Some of the materials now in the Prosecutionís possession are to be translated and so cannot yet be analysed;-4-

  4. The Prosecution does not have adequate time and resources to fully and properly analyse the material in its possession due to, in particular, staff absence during the summer recess,

  5. No prejudice will be caused to the Accused if the Prosecutionís Request is granted allowing a two week extension to the present deadline until 29 August 2005,

NOTING that the Trial Chamber ordered the Prosecution to file a consolidated amended indictment no later than 15 August 2005,-5-

NOTING also that the Prosecution has applied for certification of the Decision on Form of Indictment with respect to both Lukic and Lazarevic,-6-

CONSIDERING that the Prosecution is expected, in its response to the Lukic and Lazarevic Decisions on Form of Indictment, to implement all of the orders contained therein,

NOTING that the Trial Chamber may vary the time-limits prescribed by or under the Rules of Procedure and Evidence ("Rules") on good cause being shown by motion, pursuant to Rule 127,

CONSIDERING that the Prosecution acknowledges that it has been reviewing the current indictment for the Accused Pavkovic, Lazarevic,Djordjevic and Lukic ("Pavkovic et al. indictment") since the Status Conference for Lazarevic took place on 7 June 2005,

CONSIDERING also that the Prosecution filed its Motion for Joinder in this case on 1 April 2005 and in so doing should have been reviewing both the Pavkovic et al. indictment and the indictment for the Accused Milutinovic, Sainovic and Ojdanic ("Milutinovic et al. indictment"), in order to be ready to progress the case in the event of the Motion for Joinder being granted,

CONSIDERING further that the Trial Chamber issued its Decision on Joinder and on the Preliminary Motions on Form of Indictment with respect to Lukic and Lazarevic on 8 July 2005, thereby allowing the Prosecution 5 weeks in which to comply with the orders contained therein,

CONSIDERING that the Prosecution gives no indication of how much material needs to be translated before analysis can take place nor any estimate of how long this may take,

CONSIDERING the timeframe that has been available to the Prosecution and the foreseeable timeframe in which the Trial Chamber was likely to issue its Decisions on Joinder and the Decisions on Form of the Indictment for Lukic and Lazarevic, the Prosecution should have made adequate provision to ensure the necessary staff and resources would be available,

CONSIDERING also that a status conference is scheduled to take place on 25 August 2005,

PURSUANT TO Rules 127 and 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY REFUSES to grant the request for extension of time in which to file an amended consolidated indictment for the above-mentioned reasons.

 

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

___________________________
Judge Patrick Robinson
Presiding

Dated this twenty-second day of July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutionís Request, para. 4.
2. Prosecutor v. Milutinovic, Sainovic, and Ojdanic, Case No. IT-99-37-PT, and Prosecutor v. Pavkovic, Lazarevic, Djordjevic and Lukic, Case No. IT-03-70-PT, "Decision on Prosecution Motion for Joinder", 8 July 2005; Prosecutor v. Pavkovic, Lazarevic,Djordjevic and Lukic, Case No. IT-03-70-PT, "Decision on Vladimir Lazarevicís Preliminary Motion on Form of Indictment", 8 July 2005; Prosecutor v. Pavkovic, Lazarevic,Djordjevic and Lukic, Case No. IT-03-70-PT, "Decision on Sreten Lukicís Preliminary Motion on Form of Indictment", 8 July 2005.
3.Prosecutionís Response, para. 5.
4.Prosecutionís Response, para. 6.
5. Prosecutor v. Milutinovic, Sainovic, and Ojdanic, Case No. IT-99-37-PT, and Prosecutor v. Pavkovic, Lazarevic,Djordjevic and Lukic, Case No. IT-03-70-PT, "Decision on Prosecution Motion for Joinder", 8 July 2005; Prosecutor v. Pavkovic, Lazarevic, Djordjevic and Lukic, Case No. IT-03-70-PT, "Decision on Vladimir Lazarevicís Preliminary Motion on Form of Indictment", 8 July 2005; Prosecutor v. Pavkovic, Lazarevic, Djordjevic and Lukic, Case No. IT-03-70-PT, "Decision on Sreten Lukicís Preliminary Motion on Form of Indictment", 8 July 2005.
6."Prosecutionís Request for Certification for Interlocutory Appeal of the Decisions on Vladimir Lazarevicís and Sreten Lukicís Preliminary Motions on Form of the Indictment", 15 July 2005.