Case No.: IT-02-54-T
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order of:
20 July 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
________________________________
SECOND ORDER GRANTING LEAVE TO AMEND THE CROATIA INDICTMENT
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Ms. Hildegard Uertz-Retzlaff
Mr. Dermot Groome
The Accused
Mr. Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack
Ms. Gillian Higgins
THIS 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 ("International Tribunal"),
BEING SEISED OF a "Prosecution Filing of Amended Annex I to Croatia Indictment", filed 5 March 2004 ("Motion"), in which the Prosecution seeks to substitute Annex I to the Croatia Indictment with a version deleting, changing the identifying information of, or adding certain alleged victims to Annex I of that Indictment, following the testimony of the Witness Ivan Grujić,
NOTING that the Prosecution bases its application on a statement made by Judge May during the course of the testimony of Witness Grujic, as follows:
In due course . . . it may be right, in light of this evidence and any other that there may be which would require amendment, formally for you to serve a document amending the indictment to delete these names.1
NOTING the following:
NOTING Rule 50(A)(i)(c) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), which provides that the Prosecution may amend an indictment after the assignment of the case to a Trial Chamber, with the leave of that Trial Chamber or a Judge of that Chamber, after having heard the parties,
NOTING that the Accused and Amici Curiae have not responded to the Motion pursuant to the Trial Chamber’s "Order on Prosecution Filing of Amended Annex I to Croatia Indictment", issued on 11 March 2004,
PURSUANT TO Rule 50(A)(i)(c) of the Rules,
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
__________
Judge Robinson
Presiding
Dated this twentieth day of July 2004
At The Hague
The Netherlands
[Seal of the Tribunal]