Case: IT-98-30/1-A

BEFORE THE APPEALS CHAMBER

Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mr. Hans Holthuis

Decision of: 7 March 2002

PROSECUTOR

v

Miroslav KVOCKA
Milojica KOS
Mlado RADIC
Zoran ZIGIC
Dragoljub PRCAC

____________________________________________________

DECISION ON MOTION BY ZORAN ZIGIC FOR ISSUING OF A BINDING ORDER TO PROSECUTION

____________________________________________________

Counsel for the Prosecutor:

Mr Norman Farrell

Counsel for the Appellants:

Mr Krstan Simic for M Kvocka
Mr Zarko Nikolic for M Kos
Mr Toma Fila for M Radic
Mr Slobodan Stojanovic for Z Zigic
Mr Jovan Simic for D Prcac

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING the "Motion for Issuing a Binding Order to Prosecution – Defense for the Accused Zoran Zigic" ("Motion") filed by Zoran Zigic ("Appellant") on 27 December 2001, in which the Appellant requests the Appeals Chamber to issue a binding order to the Prosecution to comply with the decision of Trial Chamber I issued on 22 February 2001 in Prosecutor v Miroslav Kvocka, Milojica Kos, Mlado Radic, Zoran Zigic, Dragoljub Prcac, ("Decision of Trial Chamber I") whereby the Prosecution was ordered to file the following documents to replace Confidential Schedules filed with the amended indictment:

a) new confidential schedules to the indictment listing those victims whose names appear in the Confidential Schedules and who have testified before the Tribunal under pseudonym ("New Confidential Schedules");

b) public schedules to the indictment listing:

(i) the names of those victims for which confidential status is lifted, and
(ii) the pseudonym of those victims whose names are maintained in the New Confidential Schedules.

NOTING the "Prosecution’s Response to Motion by Zoran Zigic Requesting the Issuing of Binding Order on Prosecution" ("Response") filed on 7 January 2002, in which the Prosecution denies that it failed to comply with the Decision of Trial Chamber I, and claims it complied in full by filing on 1 March 2001 "Prosecution’s Submission of New Confidential Schedules" and "Prosecution’s Submission of New Public Schedules";

NOTING the "Confidential Defence’s Reply to Prosecution’s Response to Motion By Zoran Zigic Requesting the Issuing of Binding Order on Prosecution – Defence for the accused Zoran Zigic" filed by the Appellant on 10 January 2002, in which the Appellant disputes the Prosecution’s claim that it complied in full with the Decision of Trial Chamber I;

CONSIDERING that, by the filing of the "Prosecution’s Submission of New Confidential Schedules" and "Prosecution’s Submission of New Public Schedules" on 1 March 2001, the Prosecution has fully complied with the Decision of Trial Chamber I;

CONSIDERING FURTHER that the Motion is frivolous and that the bringing of a frivolous Motion may be subject to sanction pursuant to Rule 46(C) of the Rules of Procedure and Evidence ("Rules");

HEREBY ORDERS:

  1. The Motion of the Appellant is dismissed.

  2. The Registrar is directed to withhold payment of the whole of the fees associated with the Motion and/or costs thereof.

 

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

Dated this 7th day of March 2002,
At The Hague,
The Netherlands.

______________________
David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]