Case No. IT-03-68-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Registrar:
Mr. Hans Holthuis

Decision of:
4 July 2005

PROSECUTOR

v.

NASER ORIC

________________________________________

DECISION ON REQUEST FOR CERTIFICATION TO APPEAL TRIAL CHAMBERíS DECISION ON DEFENCE FILINGS

________________________________________

The Office of the Prosecutor:

Mr. Jan Wubben
Ms. Patricia Sellers
Mr. Gramsci Di Fazio
Ms. Joanne Richardson
Mr. Jose Doria

Counsel for the Accused:

Ms. Vasvija Vidovic
Mr. John Jones

 

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED of a verbal request by the Defence made during todayís sitting ("Request for Certification") in which the Defence requests the Trial Chamber, pursuant to Rule 73 (B) of the Rules of Procedure and Evidence of the Tribunal ("Rules"), to grant certification to appeal the decision rendered by the Trial Chamber today on the First and Second Defence Filings pursuant to the Scheduling Order ("Impugned Decision");

NOTING the verbal Response of the Prosecution to the Request for Certification by the Office of the Prosecutor ("Prosecution");

CONSIDERING that pursuant to Rule 73 (B) of the Rules, a Trial Chamber may certify that an interlocutory appeal, from a decision involving an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings, be lodged;

CONSIDERING that the Request for Certification has been made within the seven day time-limit from the issuing of the Impugned Decision set out under Rule 73 (B) of the Rules;

CONSIDERING the submissions made by the parties;

FINDING that the Impugned Decision involves an issue that would significantly affect the fair and expeditious conduct of the proceedings in this case, and for which an immediate resolution by the Appeals Chamber may materially advance the proceedings, and that an interlocutory appeal on the Impugned Decision is therefore appropriate;

PURSUANT to Rule 73 (B) of the Rules;

HEREBY GRANTS the Request for Certification and addresses the Appeals Chamber to the urgent need to have the subject matter of the Impugned Decision and relative appeal to be determined at the earliest.

 

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

Dated this fourth day of July 2005,
At The Hague
The Netherlands.

__________________
Carmel Agius
Presiding Judge