Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Order of:
21 July 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

________________________________________

FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL RELATING TO SEVERANCE OF ONE OR MORE INDICTMENTS

________________________________________

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"),

NOTING the "Order on Future Conduct of the Trial", issued by the Trial Chamber on
6 July 2004, in which the Trial Chamber stated, inter alia, "that it may be necessary to assign counsel to the Accused, and/or adopt other measures to ensure a fair and expeditious conduct of the trial",

NOTING the "Further Order on Future Conduct of the Trial", issued by the Trial Chamber on 19 July 2004, in which the Trial Chamber, inter alia, stated (a) "that it might be necessary for the Trial Chamber to consider further steps to ensure the fair and expeditious conduct and completion of the trial", (b) "the resolve and determination of the Trial Chamber to conclude the presentation of the defence case by October 2005", and (c) ordered submissions on the specific role a counsel would have "in ensuring the fair presentation of the defence case",

HAVING given further consideration to ways in which the trial may be concluded in a fair and expeditious manner, including the possibility of severing one or more of the Indictments,

NOTING that the Appeals Chamber contemplated the possibility of severance in principle in its "Reasons for Decision on Prosecution Interlocutory Appeal from Refusal to Order Joinder",1

CONSIDERING that the Trial Chamber should be in a position, as soon as possible, to give full consideration to the future conduct of the case,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY INVITES the parties to file written submissions, by 27 July 2004, on the question of severance and, should the Trial Chamber decide to sever, which Indictment should proceed first.

 

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

______________
Judge Robinson
Presiding

Dated this twenty-first day of July 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. 18 April 2002, para. 26.