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Appeals Chamber suspends Trial Chamber's decision on Todorovic's motion for judicial assistance.

Press Release . Communiqué de presse

(Exclusively for the use of the media. Not an official document)



The Hague, 10 November 2000



On 8 November 2000, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY), comprised of Judges Shahabuddeen (Presiding), Vohrah, Nieto-Navia, Wald and Pocar, issued a decision and scheduling order in the Todorovic case.

The Appeals Chamber ordered that the execution of Trial Chamber III’s Decision of 18 October 2000 (see Press Release 536), granting Stevan Todorovic’s Motion for judicial assistance be suspended pending the final conclusion of a review by the Appeals Chamber.

On 2 November 2000, NATO and the following States sought review of the Trial Chamber’s Decision by the Appeals Chamber pursuant to Rule 108 bis: the United States of America, Canada, the United Kingdom, Germany, The Netherlands and Norway. Pursuant to Rule 54 bis, NATO, Germany and Norway also sought a stay of the Decision. NATO and Italy sought a time-extension of
two weeks to review the issue. On the same date, Denmark notified that it had not been possible to identify information relevant to the Decision. On 6 November 2000, France sought review of the Decision by the Appeals Chamber, a time-extension of two weeks to prepare a brief and a stay of the Decision.

In addition to suspending the execution of the Trial Chamber Decision, the Appeals Chamber decided that "written briefs shall be filed by Wednesday 15 November 2000 by the States which have filed requests for review, and also by the States of Denmark and Italy and by NATO if they so desire".

The Appeals Chamber decided that "pursuant to Rule 108bis (B) of the Rules Sof Procedure and EvidenceC and as required by the interests of justice, that the Prosecutor is also to be heard", and directed the Prosecutor to file a written brief by Wednesday 15 November 2000.

The Appeals Chamber also directed that Todorovic, as well as his three co-accused, Milan Simic, Miroslav Tadic and Simo Zaric "may by Wednesday 22 November 2000 file a response to the written briefs by the States, NATO and the Prosecutor".

Finally, the Appeals Chamber ordered that an oral hearing on the matter take place on Tuesday 28 November 2000, and further ordered that at the hearing, "the following may be heard: Canada, Denmark, France, Germany, Italy, The Netherlands, Norway, United Kingdom, and the United States of America, and NATO, the Prosecutor, and the Accused Milan Simic, Miroslav Tadic, Stevan
Todorovic, and Simo Zaric"