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Prosecutor appeals decision to uphold indictment against Djukic.

Press Release · Communiqué de presse

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


The Hague, 24 April 1996


The Prosecutor of the International Criminal Tribunal for the Former Yugoslavia appealed today against the decision of Trial Chamber I of 24 April 1996 to uphold the indictment against General DJUKIC and against Judge Karibi-Whyte's decison of 19 April 1996 declining jurisdiction to withdraw the indictment.

While not contesting General Djukic's release from confinement and return to his family, in an appeal filed on 24 April 1996, the Prosecutor submits that both Judge Karibi-Whyte and Trial Chamber I erred in their interpretation of the Rules of Procedure and Evidence in finding that the extant trial began with the accused's plea.

He further argues that Trial Chamber I misinterpreted Rule 51 in finding that a request for the withdrawal of an indictment on humanitarian grounds is not permitted under the Rules.

Finally, he asserts that the Trial Chamber erred in its interpretation and application of Rule 65 in finding that provisional release under Rule 65 is permitted in this case.

Accordingly, the Prosecutor seeks the following relief: A reversal of Judge Karibi-Whyte's decision of 19 April 1996 declining jurisdiction over the Prosecutor's motion; A reversal of Trial Chamber I's finding that it had jurisdiction to hear the motion to withdraw the indictment; A return of the motion to Judge Karibi-Whyte for determination; A reversal of Trial Chamber I's
findings regarding the parameters of Rule 51; and A reversal of Trial Chamber I's findings regarding the application of Rule 65.

The arguments in support of the Prosecutor's appeal will be filed with the Registry within 90 days.