IN THE TRIAL CHAMBER

Before:
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simões Rodrigues

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
21 May 1998

THE PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ


ORDER ON THE DISCLOSURE OF ADDITIONAL INFORMATION
IN RESPECT OF THE PROSECUTOR’S MOTION FOR LEAVE
TO AMEND THE INDICTMENT


The Office of the Prosecutor: Defence Counsel:

Mr. Mark Harmon Mr. Mitko Naumovski
Ms. Susan Somers Mr. Bozidar Kovacic
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

 

TRIAL CHAMBER I of the International Criminal Tribunal for the former Yugoslavia (hereinafter "the Tribunal"),

PURSUANT to Articles 20 and 21 of the Statute and Rule 54 of the Rules of Procedure and Evidence,

CONSIDERING the indictment against Dario Kordic and Mario Cerkez confirmed on 10 November 1995,

CONSIDERING the Motion of the Prosecutor for leave to amend the indictment filed on 11 February 1998 (hereinafter "the Application") and the draft amended indictment attached to the Application (hereinafter "the draft"),

CONSIDERING the response of the Defence on 20 February 1998,

CONSIDERING the decision of the Trial Chamber on the application of the accused for the disqualification of Judges Jorda and Riad rendered on 21 May 1998,

NOTING that the suspension of the proceedings pending the decision on the Motion of the accused for the disqualification of Judges Jorda and Riad caused a postponement of the decision on the application,

NOTING that the proposed amendments presented by the Prosecutor represent a significant restructuring of the indictment; that although it is clear that the counts were regrouped and differentiated for each of the two accused and that the geographic and temporal scope was broadened, the Trial Chamber is nonetheless not in a position to make a real evaluation of what in the proposal constitutes additions or withdrawals of counts,

NOTING that for the sake of greater respect for the rights of the defence and for a more informed and expeditions review of the application, the Trial Chamber desires to be kept fully informed by the Prosecutor as to the exact content and nature of the amendments requested,

NOTING therefore that, in respect of the above, it appears indispensable that the Prosecutor provide to the Trial Chamber a detailed exhaustive comparative table of the proposed amendments; that, in the case in point, the Prosecutor specify for each act indicated in the initial indictment whether it also appears in the draft and, if so, in respect of which count(s); that, furthermore, the Prosecutor specify what in the draft, in her opinion, constitutes a new count and, if necessary, that she clearly indicate the facts on which each of the new crimes is based,

FOR THE FOREGOING REASONS,

ORDERS the Prosecutor to submit to the Trial Chamber by 15 June 1998, a brief containing the above-mentioned information.

 

Done in French and English, the French version being authoritative,

Done this twenty-first day of May 1998
Done at The Hague
The Netherlands

(signed)
___________________________
Judge Claude Jorda
Presiding Judge Trial Chamber I

(Seal of the Tribunal)