IN THE TRIAL CHAMBER
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simões Rodrigues
Mr. Jean-Jacques Heintz, Deputy Registrar
29 July 1998
SIKIRICA et al.
(The "Keraterm camp" case)
DECISION ON THE PROSECUTOR'S MOTION
FOR LEAVE TO AMEND THE INDICTMENT
The Office of the Prosecutor:
Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Veljko Guberina
TRIAL CHAMBER I (hereinafter "the Trial Chamber") of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991,
NOTING the indictment against Sikirica et al. (the "Keraterm camp" case) confirmed by Judge Vorah on 21 July 1995,
NOTING the request of the Prosecutor, filed on 15 June 1998, for leave to amend the indictment (hereinafter "the Request"), and the proposed amended indictment attached to the Request,
NOTING the Defence motion filed on 25 June 1998 in response to the Prosecutors Request,
PURSUANT to Sub-rule 50(A)(ii) of the Rules of Procedure and Evidence (hereinafter "the Rules"),
CONSIDERING that the present Request from the Prosecutor was submitted long after the confirmation of the indictment and before the commencement of the presentation of evidence within the meaning of Rule 85 of the Rules,
CONSIDERING that the Trial Chamber therefore does not have jurisdiction to grant leave to amend the said indictment nor a fortiori to review it,
FOR THE FOREGOING REASONS,
INSTRUCTS the Prosecutor to refer the application to amend the indictment, indicated in the present Request, back to the Judge who confirmed it or to any other Judge designated by the President.
Done in French and English, the French version being authoritative.
Done this twenty-ninth day of July 1998.
At The Hague
Presiding Judge of the Trial Chamber