IN THE APPEALS CHAMBER
Judge David Hunt, Presiding
Judge Richard May
Judge Wang Tieya
Judge Mohamed Bennouna
Judge Patrick Robinson
Mrs Dorothee de Sampayo Garrido-Nijgh
7 December 1999
Office of the Prosecutor:
Mr Grant Niemann
Mr Anura Meddegoda
Counsel for Zlatko Aleksovski:
Mr Goran Mikulicic
Mr Srdjan Joka
Mr Anto Nobilo (appearing in person)
THE APPEALS 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 "Finding of Contempt of the Tribunal", issued by Trial Chamber I on 11 December 1998, by which Mr. Anto Nobilo was found to be in contempt of the International Tribunal;
NOTING "Anto Nobilos Application for Leave to Appeal Decision of Trial Chamber I Dated 11 December 1998 Regarding Finding of Contempt of the Tribunal", filed on 18 December 1998 ("Appeal");
NOTING the "Decision on Application of Mr. Nobilo for Leave to Appeal the Trial Chambers Finding of Contempt", issued by a Bench of three Judges of the Appeals Chamber on 22 December 1998;
NOTING the "Scheduling Order", issued on 29 January 1999, by which the Appeals Chamber pursuant to Rule 94ter and Rule 116bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") inter alia ordered Mr. Anto Nobilo ("Appellant") to file affidavits containing any evidence which he will seek leave to tender by 12 February 1999;
NOTING the "Declaration of Anto Nobilo In Support of Appellants Reply Brief Re Finding of Contempt of the Tribunal", the "Additional Declaration of Anto Nobilo In Support of Appellants Reply Brief Re Finding of Contempt of the Tribunal", filed ex parte and under seal, and the "Declaration of Nika Grospic In Support of Appellants Reply Brief Re Finding of Contempt of the Tribunal", all filed by the Appellant on 26 February 1999 (together "Declarations");
CONSIDERING that the Declarations, whilst signed, are not sworn or otherwise acknowledged as formal statements which are to be used as evidence in proceedings before the International Tribunal (and thus subject to the provisions of Rule 91 of the Rules);
AND CONSIDERING that the Appellant has failed to indicate clearly whether he seeks to rely on the Declarations as evidence in support of the Appeal;
HEREBY ORDERS that:
1. The Appellant shall by Wednesday 5 January 2000 file a clear statement as to whether he seeks to rely on the content of the Declarations as evidence in support of the Appeal. In the event that the Appellant does seek to do so, he shall by the same date re-file the Declarations either in affidavit form, in accordance with the law and procedure of the State in which the affidavits are signed, or as formal statements which are to be used as evidence in proceedings before the International Tribunal and are acknowledged as such.
2. In the event that the Appellant seeks to rely on the content of the Declarations as evidence in support of the Appeal, the Office of the Prosecutor shall no later than five days after the filing of the Appellants statement pursuant to Order No. 1 above file a response indicating whether it seeks to call the deponents or the makers of the statements for cross-examination.
3. Both Parties shall by Friday 14 January 2000 file statements indicating whether they request that the Appeals Chamber hear oral arguments on the Appeal, and, in the event that they do not so request, whether they wish to file additional written submissions prior to the Appeals Chambers determination of the Appeal.
Done in both English and French, the English text being authoritative.
Judge David Hunt
Dated this seventh day of December 1999
At The Hague,
[Seal of the Tribunal]