IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 10 September 1998
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
The Office of the Prosecutor:
Mr. Grant Niemann
Ms. Teresa McHenry
Counsel for the Accused:
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mrs. Nihada Buturovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia McMurrey, Ms. Nancy Boler for Esad Landzo
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");
NOTING that the presentation of evidence in this trial was completed on 1 September 1998;
NOTING the amendments to the Rules of Procedure and Evidence of the International Tribunal ("Rules") adopted at the Eighteenth Plenary Session of the International Tribunal on 9 and 10 July 1998 ("Amendments");
CONSIDERING Defendant Hazim Delics Motion for continuance or in the Alternative, Motion to Proceed under prior Rules of Procedure, filed on 22 July 1998 (Official Record at Registry Page ("RP") D7270-D7276) ("Motion") and the discussions to the Motion on Friday 24 July and Tuesday 1 September 1998;
NOTING that the Amendments include sub-Rule 85(A)(vi) which provides that the presentation of evidence at a trial shall be concluded with "any relevant information that may assist the Trial Chamber in determining an appropriate sentence if the accused is found guilty on one or more of the charges in the indictment";
FURTHER NOTING that the Amendments include sub-Rule 87(C) which provides that if "the Trial Chamber finds the accused guilty on one or more of the charges contained in the indictment, it shall at the same time determine the penalty to be imposed in respect of each finding of guilt";
CONSIDERING sub-Rule 6(C) of the Rules which provides that an "amendment shall enter into force immediately, but shall not operate to prejudice the rights of the accused in any pending case";
CONSIDERING the obligation of the Trial Chamber to ensure a fair and expeditious trial, pursuant to Article 20 of the Statute of the International Tribunal ("Statute");
FURTHER CONSIDERING that it would be within the spirit of the Amendments to require the accused to present evidence on sentencing at this stage of the proceedings to enable the judgement on the guilt or otherwise of the accused to the charges in the indictment to be rendered at the same time as the penalty to be imposed in respect of any finding of guilt, and that this procedure would not prejudice the rights of the accused nor in any way indicate the guilt or otherwise of the accused;
PURSUANT TO ARTICLE 20 OF THE STATUTE AND RULES 6, 54, 85 AND 87 OF THE RULES;
HEREBY ORDERS that:
1. The Prosecution shall file by Thursday 1 October 1998, written submissions if any in respect of sentencing, including a list of any witnesses to be called with an estimate of the time required for their testimony and a summary of the evidence they will present, and full written reports of any experts to be called.
2. The defence for each of the accused shall file by Monday 5 October 1998, written submissions if any in respect of sentencing, including a list of any witnesses to be called with an estimate of the time required for their testimony and a summary of the evidence they will present, and full written reports of any experts to be called.
3. The parties contact the Victims and Witnesses Unit without delay to co-ordinate the attendance of proposed witnesses before the Trial Chamber.
4. The parties submit written statements in lieu of oral testimony wherever possible.
5. The Trial Chamber shall only receive reports, written statements and oral statements which provide relevant information that may assist it determine sentence and will reject any material relating to the guilt or otherwise of the accused.
5. A status conference shall be heard on Wednesday 7 October 1998 at 10:00 a.m. to discuss the proposed witness lists presented by the parties.
4. The Prosecution may make oral submissions and call witnesses on sentencing on Monday 12 October 1998 for a maximum of one sitting day.
5. Immediately following the Prosecutions submissions, each defendant may make oral submissions and call witnesses on sentencing for a maximum of two sitting days commencing with the accused Delalic followed by the accused Mucic, the accused Delic and the accused Landzo.
6. The Prosecution and the Defence may make brief final submissions on sentencing immediately following the presentation of the evidence of the last accused.
Done in both English and French, the English version being authoritative.
Adolphus G. Karibi-Whyte
Dated this tenth day of September 1998,
At The Hague,
[Seal of the Tribunal]