Decision on motion for determination of issue of whether Appeal Chamber had jurisidction to remit

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
30 August 2001

PROSECUTOR

ZDRAVKO MUCIC a/k/a "PAVO"
HAZIM DELIC
ESAD LANDZO a/k/a "ZENGA"

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DECISION ON MOTION FOR DETERMINATION OF ISSUE OF
WHETHER APPEALS CHAMBER HAD JURISDICTION TO REMIT

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The Office of the Prosecutor:

Mr. James Stewart

Counsel for the Defence:

Mr. Tomislav Kuzmanovic and Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic and Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia Sinatra and Mr. Peter Murphy, for Esad Landžo

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 SEIZED OF a "Motion of Zdravko Mucic and Esad Landzo for Determination of Issue of whether Appeals Chamber had Jurisdiction to Remit to Reconstituted Trial Chamber for Adjustment of Sentence", filed on 20 August 2001 ("Motion"),

NOTING that the Motion raises for hearing by this Trial Chamber the question of "whether or not the Appeals Chamber had jurisdiction, by virtue of the Statute of the Tribunal and the Rules of Procedure and Evidence, to remit this matter for SsicC adjustment of sentence to this Trial Chamber",

NOTING the "Prosecutor’s Response to Motion of Zdravko Mucic and Esad Landzo for Determination of Issue of whether the Appeals Chamber had Jurisdiction to Remit to Reconstituted Trial Chamber for Adjustment of Sentence", filed on 24 August 2001,

CONSIDERING that the question raised in the Motion concerns the competence of the Appeals Chamber of the International Tribunal, which issue this Trial Chamber has no competence to entertain,

HEREBY DISMISSES the Motion.

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

________________
Richard May
Presiding

Dated this thirtieth day of August 2001
At The Hague
The Netherlands

[Seal of the Tribunal]