Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
CHAMBRE DE 1ERE INSTANCE
The Hague, 18 May 1998
KUPRESKIC & OTHERS CASE:
TRIAL CHAMBER HAS RULED ON VARIOUS PRE-TRIAL MOTIONS
On Friday 15 May 1998, Trial Chamber II (consisting of Judge CASSESE, presiding, Judge MAY and Judge MUMBA) issued three Decisions disposing of some pending pre-trial motions:
1. With regard to the Motions on the Form of the Indictment separately filed by Vlatko KUPRESKIC, Dragan PAPIC, Zoran KUPRESKIC, Vladimir SANTIC, Drago JOSIPOVIC and Mirjan KUPRESKIC, the Trial Chamber considered that the indictment met the requirements set out in Rule 47 and that "the Prosecutor may be justifed in bringing cumulative charges when the Articles of the
Statute referred to are designed to protect different values and when each Article requires proof of a legal element not required by the others". It accordingly dismissed the Motions.
2. It also dismissed the Motions for Separate Trials separately filed by the Accused Vlatko KUPRESKIC and Zoran KUPRESKIC. The Trial Chamber considered that Rule 48 "provides for joint indictments and trials of persons accused of crimes committed in the course of the same transaction", and that the Defence "have failed to show that a conflict of interest
might arise in the course of a joint trial" as required under Rule 82; it also considered that "the defendant’s right to a fair and expeditious trial may not be advanced by ordering separate trials".
3. The Motion for provisional Release filed by Vlatko KUPRESKIC was also denied.The Judges noted that the Accused "is physically capable to stand trial" and that the Defence "has failed to show that exceptional circumstances exist" as required by Rule 65 on provisional release.