BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Shahabuddeen, Presiding
Judge Nieto-Navia
Judge Pocar

Registrar:
Mr. Hans Holthuis

Decision of:
9 May 2001

PROSECUTOR

v.

DUŠKO SIKIRICA
DAMIR DOŠEN
DRAGAN KOLUNDZIJA

___________________________________________________________

DECISION ON DEFENCE APPLICATION FOR LEAVE TO APPEAL
THE DECISION OF TRIAL CHAMBER III OF 5 APRIL 2001

___________________________________________________________

Counsel for the Prosecutor:

Mr. Dirk Ryneveld

Counsel for the Accused:

Mr. Veselin Londrović and Mr. Michael Greaves for Dusko Sikirica
Mr. Vladimir Petrović and Mr. Goran Rodić for Damir Dosen
Mr. Ivan Lawrence for Dragan Kolundzija

 

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 ("the Bench" and "the International Tribunal" respectively);

NOTING the "Defence Application for Leave to Appeal to the Order of the Trial Chamber Issued on 5 April 2001", filed by Defence Counsel for the three accused Dusko Sikirica, Damir Dosen and Dragan Kolundzija ("the Defence"), on 11 April 2001 ("the Application for Leave to Appeal");

NOTING the oral decision of Trial Chamber III rendered on 5 April 2001 granting a request by the Prosecutor for protective measures for a witness ("the Impugned Decision");

CONSIDERING that the Defence submits in the Application for Leave to Appeal that the Trial Chamber erred in that it granted the requested protective measures even though the Prosecution had failed to demonstrate sufficient reasons justifying departure from the fundamental principle that an accused is entitled to a public hearing;

CONSIDERING that the Application is filed pursuant to Rule 73 of the Rules of Procedure and Evidence of the International Tribunal which provides, inter alia, that, with leave of a bench of three Judges, interlocutory appeals may be made in the following two instances:

  1. if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal; or

  2. if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

CONSIDERING that it is for the Defence to demonstrate to the Bench either that the Impugned Decision would cause such prejudice to its case as could not be cured by the final disposal of the trial including post-judgement appeal, or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

FINDING that there has been no showing either that there is such prejudice or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

HEREBY DISMISSES the Application for Leave to Appeal.

 

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

________________________________
Mohamed Shahabuddeen
Presiding Judge

Dated this ninth day of May 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]