Case No.: IT-98-34-T

BEFORE THE TRIAL CHAMBER

Before:
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra

Registrar:
Mr. Hans Holthuis

Order of:
5 February 2002

PROSECUTOR

v.

MLADEN NALETILIC aka "TUTA"
and
VINKO MARTINOVIC aka "STELA"

___________________________________________________________

SCHEDULING ORDER

___________________________________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic

 

TRIAL CHAMBER I, SECTION A ("the 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 ("the Tribunal"):

BEING SEIZED OF the "Prosecutorís Submission Concerning Defence Pre-Trial Filings and Conference", filed confidentially on 29 November 2001, which addressed various issues with regard to the Defence filings before the commencement of the Defence Case and the Defence conference pursuant to Rules 65 ter (G) and 73 ter of the Rules;

BEING SEIZED OF the "Joint Defence Submission Concerning Defence Pre-Trial Filings and Conference", filed confidentially on 10 December 2001, whereby the Defence Counsel for Martinovic and Naletilic jointly argued that they were not able to provide any information on the Defence case before the closure of the Prosecution case;

BEING SEIZED OF the "Accusedís Joint Suggestions Concerning Recess After Prosecutorís Case", filed confidentially on 21 January 2002, whereby Defence Counsel for Martinovic and Naletilic jointly submitted to the Chamber that they needed sufficient time to scrutinise the voluminous collection of documents admitted during the Prosecution case, and to undertake time-consuming on-site investigations with regard to Defence witnesses to be called, and, for these reasons, requested the Chamber: (1) to grant 20 days to prepare and file Motions for Judgments of Acquittal pursuant to Rule 98 bis and (2) to allow the Defence "a minimum of four (4) months to enable them to go to the ground in preparation of the Defence cases";

BEING SEIZED OF the "Prosecutionís Response to the Accusedís Joint Suggestions Concerning Recess After Prosecutorís Case", filed confidentially on 25 January 2002, whereby the Prosecution opposed the Defence request for a four month recess and requested the Chamber to order the Defence to "begin the presentation of their cases to the Trial Chamber on 4 March 2002";

NOTING the Chamberís "Scheduling Order", dated 25 January 2002, whereby a Status Conference was scheduled to be held on 30 January 2002 to accommodate the wish of all parties to consult with the Chamber as to the commencement of the Defence case;

NOTING that the Status Conference was held on 30 January, 2002, and that, in particular, the closing of the Prosecution case, Rule 98 bis motions as well as the status and preparation of the Defence case were discussed with the parties;

CONSIDERING that the Defence Counsel for Naletilic and Martinovic informed the Chamber that they intend to file a Motion for Judgment of Acquittal pursuant to Rule 98 bis;

CONSIDERING that Defence Counsel for Nalitilic was given the opportunity to explain to the Chamber in detail the particulars of the preparation of the Defence case for his client and the obstacles faced by him;

CONSIDERING that Defence Counsel for Martinovic was given the opportunity to explain to the Chamber in detail the particulars of the preparation of the Defence case for his client and the obstacles faced by him;

CONSIDERING that the Prosecution was given the opportunity to present to the Chamber its suggestions as to the appropriate time-frame for the Defence Case;

CONSIDERING that the jurisprudence of the Tribunal shows that the longest period of time granted by a Chamber to a Defence team to prepare their case after the closing of the Prosecution case was a period of approximately two months which included a period of judicial recess;

CONSIDERING that the appropriate time for the preparation of the Defence case should be determined by the Chamber in relation to the size, complexity and particular requirements of the individual Defence case concerned;

CONSIDERING that the Defence cases of the accused Martinovic and Naletilic appear to be of average size and complexity and that Defence counsel for Martinovic and Naletilic did not satisfy the Chamber that the individual preparation of their respective Defence cases requires exceptional measures or faces uncommon obstacles that would entitle them to be granted a time for preparation of the Defence case that clearly exceeds the common practice of Chambers of the Tribunal;

CONSIDERING that, Article 21 paragraph 4 (b) of the Statute of the Tribunal ("the Statute") reads in the relevant part that the accused shall be entitled to have "adequate time and facilities for the preparation of his defence";

CONSIDERING that Article 21 paragraph 4 (c) enshrines as another "minimum guarantee" that the accused shall be entitled "to be tried without undue delay";

CONSIDERING FURTHER that it is incumbent upon the Chamber to fully respect the right to a fair and public trial to the accused as enshrined under Article 21 of the Statute, that no trial can be fair which is not reasonably expeditious and that the Chamber has thus to ensure that all proceedings of the Tribunal are conducted diligently and efficiently;

CONSIDERING that, at this stage of the proceedings, the time-frame for the Defence case can only be set on a tentative basis, awaiting the Chamberís decision on the expected Defence Motions for Judgment of Acquittal pursuant to Rule 98 bis;

EMPHASISING that the following rulings are made without prejudice to the Chamberís decision on the Defence Motions for Judgment of Acquittal;

CONSIDERING that, although the Prosecutionís case was only recently closed, the Defence has had ample time to assess the nature, scope and strength of the evidence, if any, presented to the Chamber; that it is therefore not unreasonable to request the Defence to submit provisional filings pursuant to Rule 65 ter (G) and to prepare for a Pre-Defence Conference pursuant to Rule 73 ter;

CONSIDERING that, with the submission of their filings, the Defence should take into account the provisions of the Rules which aim at expediting the proceedings, in particular Rule 71 and 92 bis of the Rules;

RECALLING the Chamberís " Order Re-Stating the Principles on the Presentation of Documents and Other Evidence Items", dated 25 October 2001;

FOR THE FOREGOING REASONS AND PURSUANT TO RULES 65 ter (G), 73 ter AND RULE 85 (A) (ii) OF THE RULES;

HEREBY ORDERS

  1. The provisional Defence filings pursuant to Rule 65 ter (G) of the Rules shall be filed with the Chamber as of 1 March 2002. These filings shall comprise: A list of witnesses with a summary of their respective testimony as well as an indication as to which provision of the Rules could be relied upon to receive their evidence; a separate list of expert witnesses with the indication as to when their report was ready (or is meant to be ready) and when it was made available (or is planned to be made available) to the Prosecution; a list of exhibits with a brief description of their respective nature and contents;
  2. The Pre-Defence Conference shall be held on 20 March 2002, at a time and in a courtroom to be indicated by the Registry;
  3. The Defence case shall commence on 25 March 2002, at a time and in a courtroom to be indicated by the Registry;
  4. Depositions pursuant to Rule 71 of the Rules, if any, shall be taken at a later stage of the Defence case, in accordance with and after further consultation of the parties.

 

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

Dated this fifth day of February 2002,
At The Hague,
The Netherlands

__________________
Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]