PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before: President Gabrielle Kirk McDonald

Registrar: Dorothee de Sampayo Garrido-Nijgh

Order of: 26 August 1998

 

THE PROSECUTOR

V.

MEAKIC AND OTHERS (The "Omarska Camp" Case)

 

THE PROSECUTOR

V.

SIKIRICA AND OTHERS (The "Keraterm Camp" Case)

_____________________________________________________________

ORDER ON THE PROSECUTOR’S REQUESTS
FOR THE ASSIGNMENT OF A CONFIRMING JUDGE

_____________________________________________________________

(IT-95-4-PT)

The Office of the Prosecutor:

Mr. Michael Keegan

Counsel for the Accused:

Mr. Veljko Guberina
Ms. Krstan Simic
Mr. Simo Tosic
Mr. Zarko Nikolic

(IT-95-8-PT)

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan

Counsel for the Accused:

Mr. Vejko Guberina

 

I, Gabrielle Kirk McDonald, President 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 ("International Tribunal"),

NOTING the Indictment against Meakic and Others, confirmed by Judge Adolphus Karibi-Whyte on 13 February 1995 (Official Record at Registry Page ("RP") D1819-D1831) ("Meakic and Others Indictment"),

NOTING the Indictment against Sikirica and Others confirmed by Judge Lal Chand Vohrah on 21 July 1995 (RP D209-D228) ("Sikirica and Others Indictment"),

NOTING the Decision on the Prosecutor’s Motion for Leave to Amend the Indictment, issued by Trial Chamber I on 29 July 1998, in which the Trial Chamber instructed the Office of the Prosecutor ("Prosecutor") to refer its application to amend the Meakic and Others Indictment to the Judge who confirmed the application or to any other Judge designated by the President (RP D3-D1/2427 bis),

NOTING the Decision on the Prosecutor’s Motion for Leave to Amend the Indictment, issued by Trial Chamber I on 29 July 1998, in which the Trial Chamber instructed the Prosecutor to refer its application to amend the Sikirica and Others Indictment to the Judge who confirmed the application or to any other Judge designated by the President (Official Record at Registry Page ("RP") D3-D1/882 bis),

NOTING the Request for the Assignment of a Confirming Judge, filed by the Prosecutor on 10 August 1998, in which the Prosecutor states that the proposed amendments to the Meakic and Others Indictment and the Sikirica and Others Indictment (together the "Proposed Amended Indictment") seeks to join the offences alleged against Zoran Zigzic in the Sikirica and Others Indictment with the offences alleged against him in the Meakic and Others Indictment and to allege new offences against Zoran Zigzic, Miroslav Kvocka, Mladen Radic and Milojica Kos ("the Accused") (RP D2432-D2434 and RP D884-D886) ("Request"),

FURTHER NOTING that in the Request, the Prosecutor requests the President to designate a Judge to review the Proposed Amended Indictment,

CONSIDERING the Defense Motion for Extension of Time to Respond to the Prosecutor’s Request for Assignment of Confirming Judge, filed on 24 August 1998, in which Defence counsel for Mladen Radic seeks additional time to address "all the issues which may be contained in the…[R]equest" ("the Motion") (RP D2436-D2437 and RP D888-D889),

CONSIDERING Rules 47 and 50 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), which envisage that the review of Indictments shall be an ex parte procedure,

FURTHER CONSIDERING that, should the Prosecutor be granted leave to amend the Meakic and Others Indictment and the Sikirica and Others Indictment, Defence counsel may challenge any amended Indictment by way of preliminary motion pursuant to Rule 72 of the Rules,

CONSIDERING, therefore, that the Accused will have an opportuity to challenge those portions of the Proposed Amended Indictment for which leave to amend may be granted,

NOTING that, under Rule 50 (A) (ii) of the Rules, Judge Karibi-Whyte and Judge Vohrah would be competent to review the proposed amended Indictment,

NOTING, however, that, pursuant to Security Council Resolution 1126 of 27 August 1997, Judge Karibi-Whyte’s mandate as a Judge of the International Tribunal is limited to the completion of the trial over which he is presiding,

FUTHER NOTING that Judge Vohrah is not so constrained, and, therefore, may review the proposed amendments to the Sikirica and Others Indictment,

CONSIDERING that the Prosecutor seeks to consolidate and expand charges against the Accused,

PURSUANT to Rules 19 (A) and 50 (A) (ii),

HEREBY:

ASSIGN Judge Vohrah to review the Proposed Amended Indictment,

REJECT the Motion.

 

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

_________________________

Gabrielle Kirk McDonald

President

Dated this twenty-seventh day of August 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]