Case No.: IT-95-12-S


Judge Alphons Orie, Presiding
Judge Christine Van Den Wyngaert
Judge Bakone Justice Moloto

Mr. Hans Holthuis

Order of:
13 December 2005







The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Ms. Doris Kosta


TRIAL CHAMBER I ("the 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 ("the Tribunal");

BEING SEISED of the Defence "Motion to Allow Submitting of Facts Pursuant to Rules of the Procedure and Evidence 100 and 71" filed on 14 November 2005 ("Defence Request"), wherein the Defence submits that it cannot file a sentencing brief as it has not yet received verifications of various documentation provided, which would assist the Chamber in determining an appropriate sentence, and the "Defence Submission Pursuant to Rule 127" filed on 8 December 2005 ("Defence Submission");

NOTING that the Accused makes two requests, firstly, that the Trial Chamber grant "an additional [unspecified] period of time to submit the verified documentation"1, and secondly, that "the Trial Chamber accepts in a non-contentious procedure the statements made by the following witnesses: Josip Tolo….Nenad Rajic, Marinko Jurisic, Jakov Bienenfeld"2;

NOTING that the Prosecution did not respond;

CONSIDERING that in order for the Chamber to determine an appropriate sentence for the Accused, the Prosecutor and the Defence may submit any relevant information that may assist the Chamber in determining an appropriate sentence, as per Rule 100 of the Rules of Procedure and Evidence ("the Rules"); and that in imposing sentences, and that the Chamber should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person, pursuant to Article 24 of the Statute of the Tribunal;

NOTING that the Prosecution filed a partially confidential "Prosecution Sentencing Brief" on 15 November 2005, which clearly outlines the procedural background, applicable law, sentencing factors, gravity and nature of the offences and aggravating and mitigating factors in the present case;

MINDFUL that the Chamber has inherent powers to ensure that the Accused receives a fair hearing, having had the opportunity to review any relevant evidence submitted by the parties;

CONSIDERING that, on 25 November 2005 the Chamber informed the Defence by e-mail correspondence that the Chamber was going to grant the Defence request, in that the deadline to file the sentencing brief will be extended until 16 December 12pm;

CONSIDERING that the Chamber was not able to hold the sentencing hearing when initially anticipated at the end of November 2005, and that any delay in the submission of documentation will not in any way delay or prejudice these proceedings, and that the Chamber will, in due time, give consideration to the second Defence request, namely the admission of the statements made by the following witnesses: Josip Tolo, Nenad Rajic, Marinko Jurisic, Jakov Bienenfeld upon receipt of the Defence sentencing brief;


PURSUANT TO Rules 54 and 73 of the Tribunal’s Rules;

HEREBY GRANTS the Motion in part, and ORDERS the Defence:

To file its sentencing brief, outlining any mitigating circumstances that it wishes the court to consider, by 16 December 2005, 12pm.


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

Dated this 13th day of December 2005
At The Hague
The Netherlands

Judge Alphons Orie
Presiding Judge, Trial Chamber I

[Seal of the Tribunal]

1. Defence Request, para 5 (1)
2. Ibid para 5 (2) submitted on 14 November 2005