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:
5 July 2005

PROSECUTOR

v.

NASER ORIC

________________________________________________

DECISION ON PROSECUTIONíS MOTION FOR LEAVE TO AMEND THE SECOND AMENDED INDICTMENT

________________________________________________

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 the "Prosecutionís Motion for Leave to Amend the Second Amended Indictment" against Naser Oric (ďAccusedĒ) filed on 17 June 2005 ("Motion") and of the "Addendum to Prosecutionís Request to Amend the Second Amended Indictment" filed on 30 June 2005 ("Addendum");

NOTING that the Defence does not object to the Motion as stated during the Pre-Defence Conference held on Friday 1 July 2005;

NOTING the Trial Chamberís oral decision pursuant to Rule 98bis of the Rules of Procedure and Evidence of the Tribunal ("Rules") rendered on 8 June 2005 ("Rule 98bis Decision"),1 in which the Trial Chamber acquitted the Accused of Counts 4 and 6, and of certain charges contained in Counts 1, 2, 3 and 5 of the Second Amended Indictment ("Indictment");2

NOTING that the Trial Chamber invited the Office of the Prosecutor ("Prosecution") to file an amended indictment reflecting the Trial Chamberís oral Rule 98bis Decision;

NOTING that, pursuant to this invitation, the Prosecution filed the Motion with an appended proposed Third Amended Indictment;

NOTING that the Trial Chamber subsequently invited the Prosecution to clarify one minor matter in the proposed Third Amended Indictment;3

NOTING that, pursuant to this invitation, the Prosecution filed the Addendum and the proposed Third Amended Indictment on 30 June 2005 containing the said clarification and no further amendments;

CONSIDERING that the proposed Third Amended Indictment reflects the Rule 98bis Decision and retains the initial numbering of the Counts and paragraphs used in the Indictment as requested by the Trial Chamber;

CONSIDERING that there are no other amendments to the proposed Third Amended Indictment;

PURSUANT TO Rule 50(A) of the Rules;

HEREBY GRANTS the Motion and ORDERS that the proposed Third Amended Indictment filed by the Prosecution on 30 June 2005 is the operative indictment against the Accused.

 

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

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

_____________________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]


1. Prosecutor v. Naser Oric, Case No. IT-03-68-T, T. 8981-9037.
2. The Trial Chamber, in its Rule 98bis Decision, acquitted the Accused of Count 4 of the Indictment, namely plunder of public or private property, a violation of the laws or customs of war, punishable under Article 3(e) and 7(3) of the Statute of the Tribunal ("Statute") and of Count 6 of the Indictment, namely plunder of public or private property, a violation of the laws or customs of war, punishable under Article 3(e) and 7(1) of the Statute. In addition, the Trial Chamber acquitted the Accused of the murder of Bogdan Zivanovic contained in Count 1 of the Indictment (para. 25(b)), the cruel treatment of Miloje Obradovic contained in Count 2 of the Indictment (para. 24(b)(iv)), and the wanton destruction of cities, towns or villages, not justified by military necessity, of Bozici and Radijevici contained in Counts 3 and 5 of the Indictment (paras 31 and 32).
3. Correspondence between the Trial Chamber and the Prosecution of 28 June 2005.