Case No. IT-04-74-PT

BEFORE THE PRE-TRIAL JUDGE

Before:
Judge Jean-Claude Antonetti

Registrar:
Mr Hans Holthuis

Order of:
12 January 2006

THE PROSECUTOR

v.

Jadranko PRLIC
Bruno STOJIC
Slobodan PRALJAK
Milivoj PETKOVIC
Valentin CORIC
Berislav PUSIC

_________________________________________

ORDER FOR FILING SUBMISSIONS WITH THE REGISTRY

_________________________________________

The Office of the Prosecutor:

Mr Kenneth Scott
Mr Daryl Mundis

Defence Counsel:

Mr Michael Karnavas and Ms Suzana Tomanovic for Jadranko Prlic
Mr Tomislav Kuzmanovic Ms Senka Nozica for Bruno Stojic
Ms Vesna Alaburic for Milivoj Petkovic
Mr Tomislav Jonjic for Valentin Coric
Mr Fahrudin Ibrisimovic for Berislav Pusic

The Accused:

Slobodan Praljak

 

I, Jean-Claude Antonetti, Judge 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");

HAVING BEEN DESIGNATED as pre-trial Judge pursuant to an Order rendered by Trial Chamber II on 31 October 2005;

NOTING Rule 65 ter(B) and (K) of the the Rules of Procedure and Evidence ("Rules");

NOTING Rule 94(B) of the Rules;

NOTING the Prosecution Motion for Judicial Notice of Adjudicated Facts or documentary evidence from other proceedings of the Tribunal relating to matters at issue in the current proceedings, filed with the Registry on 4 April 2005;

NOTING the Response of the Defence for the Accused Prlic and the Notices of Joinder of the Defence Counsel for the Accused Praljak, Coric, Petkovic, Pusic and Stojic, filed with the Registry on 18 April 2005;

NOTING the Prosecution Request to Reply, including the said reply, filed with the Registry on 25 April 2005;

NOTING the Prosecutionís Further Submission filed with the Registry on 27 October 2005;

NOTING the Response of the Accused Petkovic filed with the Registry on 7 November 2005;

NOTING the status conference held on 8 November 2005;

NOTING the Prosecutionís Further Submission filed with the Registry on 5 December 2005;

NOTING the Response of the Accused Petkovic filed with the Registry on 19 December 2005;

CONSIDERING that the Prosecutionís Further Submission of 5 December 2005 refers to the submission of 29 August 2005;

CONSIDERING also that the Response of the Accused Petkovic dated 19 December 2005 refers to the submissions allegedly filed with the Registry on 1 August and 16 October 2005;

CONSIDERING that neither the Prosecution submission of 29 August 2005 nor the Defence Counsel submissions of 1 August and 16 October 2005 have been filed with the Registry;

CONSIDERING that pursuant to Rule 94(B) of the Rules the Trial Chamber may take judicial notice of adjudicated facts or documentary evidence from other proceedings only after hearing the parties;

CONSIDERING that at this stage of the proceedings, the pre-trial Judge finds that Trial Chamber II cannot render a decision on the Prosecution motion for judicial notice of adjudicated facts or documentary evidence from other proceedings since it cannot take into consideration submissions of the parties that have not been filed with the Registry;

CONSIDERING that the pre-trial Judge finds that these submissions need to be filed with the Registry so that the Judges of Trial Chamber II may take cognizance thereof before ruling on the Motion;

 

FOR THE FOREGOING REASONS

ORDERS that the parties file the following submissions with the Registry within seven days:

    1. Prosecution: the submission of 29 August 2005;

    2. Defence Counsel for the Accused Prlic, Petkovic, Coric, Pusic, Stojic and Praljak: the joint response of 1 August 2005;

    3. Defence Counsel for the Accused Petkovic, Coric and Pusic: the joint additional response of 16 October 2005.

 

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

__________
Judge Jean-Claude Antonetti
Pre-Trial Judge

Done this twelfth day of January 2006
At The Hague
The Netherlands