IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri
Registrar:
Mr. Hans Holthuis
Decision of:
8 May 2001
PROSECUTOR
v.
MOMCILO KRAJISNIK
&
BILJANA PLAVSIC
_______________________________________________________________
DECISION ON MOTION FROM MOMCILO KRAJISNIK TO COMPEL
THE PROSECUTION TO PROVIDE PARTICULARS
_______________________________________________________________
Office of the Prosecutor:
Mr. Mark Harmon
Mr. Nicola Piacente
Counsel for the Accused:
Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert. J. Pavich, for Biljana Plavsic
THIS TRIAL 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"),
BEING SEISED of the "Motion to Compel Prosecution to Provide Particulars", filed by the Defence for Krajisnik on 17 April 2001 ("the Motion"), in which the accused seeks to compel the Office of the Prosecutor ("Prosecution") to provide particulars "as to any overt act by the Accused evidencing ‘participating, initiating, planning, instigating, ordering, committing or otherwise aiding and abetting’ the various crimes charged", arguing that:
NOTING the "Prosecution’s Response to Defence’s Motion for Further Particulars" filed by the Prosecution on 24 April 2001 ("the Response"), in which the Prosecution opposes the Motion, arguing that:
CONSIDERING that the Trial Chamber has considered a motion by this accused pursuant to Rule 72 and in its 1 August Decision rejected the accused’s request for further particulars on the basis that the Indictment did not lack precision, that the facts were sufficiently pleaded in the Indictment and that the Prosecution will be required to set out in its Pre-Trial Brief details of the offences allegedly committed and the precise role of the accused,
CONSIDERING that the Defence will have three months from the date of filing of the Prosecution Pre-Trial Brief to prepare and file its Pre-Trial Brief,
PURSUANT TO RULE 54 OF THE RULES
HEREBY DENIES the Motion.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this eighth day of May 2001
At The Hague
The Netherlands
[Seal of the Tribunal]