BEFORE A BENCH OF THE APPEALS CHAMBER
Before: Vice President Mohamed Shahabuddeen,
Judge Wang Tieya
Judge Rafael Nieto-Navia
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh,
Decision of: 14 July 1998
THE PROSECUTOR
v.
Milan KOVACEVIC
_______________________________________________
DECISION ON DEFENSES REQUEST FOR LEAVE TO APPEAL TRIAL CHAMBER
DECISION
OF 3 JULY 1998
_______________________________________________
Office of the Prosecutor:
Ms. Brenda J. Hollis
Mr. Michael J. Keegan
Counsel for the Accused:
Mr. Dusan Vucicevic
Mr. Anthony DAmato
THIS BENCH OF 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 ("Tribunal"),
NOTING the Defence Request for leave to Appeal Trial Chamber Decision of 3 July 1998 filed on 6 July 1998 ("Request"), and the Prosecutors Response filed on 10 July 1998;
CONSIDERING that the proposed appeal raises an issue whether, with respect to amendments, the confirmation of an indictment after the initial appearance of the accused
is an ex parte or inter partes proceeding;
CONSIDERING that that issue is of general importance to proceedings before the Tribunal within the meaning of Rule 73 (B) (ii) of the Rules of Procedure and Evidence ("Rules");
AND WITHOUT PASSING on whether Rule 73 (B) (i) of the Rules is applicable;
HEREBY GRANTS the request for leave to appeal;
AND INVITES the attention of the Parties to Rule 116 bis (B) of the Rules concerning the fixing of all delays and other procedural requirements.
Done in English and French, the English text being authoritative.
________________________
Mohamed Shahabuddeen
Presiding
Dated this Fourteenth day of July 1998,
At The Hague,
The Netherlands.
[Seal of the Tribunal]