IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 23 December 1997

PROSECUTOR

v.

ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC,
VLADIMIR SANTIC also known as "VLADO", STIPO ALILOVIC also known as "BRKO",
DRAGO JOSIPOVIC, DRAGAN PAPIC

___________________________________________________________

DECISION ON MOTION BY THE PROSECUTOR FOR WITHDRAWAL OF
INDICTMENT AGAINST STIPO ALILOVIC

___________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran and Mirjan Kupreskic
Mr. Petar Pavkovic, for Vladimir Santic
Mr. Luka Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. P.W.J. van der Spek, for Stipo Alilovic

 

THE TRIAL CHAMBER

 

NOTING that Stipo Alilovic, also known as "Brko", was indicted by the International Criminal Tribunal for the former Yugoslavia ("International Tribunal") on 10 November 1995, the indictment being confirmed by Judge McDonald on the same date,

 

NOTING the Motion of the Prosecutor on 18 December 1997 ("Motion") under Rule 51 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") seeking leave to withdraw the indictment issued against Stipo Alilovic on the grounds that the Prosecutor has received confirmation that the accused Stipo Alilovic is dead, and attaching a copy of the death certificate of one Stipo Alilovic,

 

NOTING FURTHER that the Motion is addressed to the duty Judge of Trial Chamber II but that, pursuant to the assignment of the President of the International Tribunal under Rule 62 of the Rules dated 20 November 1997, this Trial Chamber has jurisdiction over all matters pertaining to this indictment,

 

CONSIDERING that in the circumstances it is appropriate for the indictment against Stipo Alilovic to be withdrawn,

PURSUANT TO Rule 51 of the Rules

 

HEREBY GRANTS THE MOTION AND GRANTS LEAVE for the indictment against Stipo Alilovic, also known as "Brko", to be withdrawn.

 

Done in English and French, the English text being authoritative.

Antonio Cassese

Presiding Judge

Dated this twenty-third day of December 1997

At The Hague

The Netherlands

[Seal of the Tribunal]