Before: Judge Lal Chand Vohrah

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 5 May 1998

PROSECUTOR

v.

DUSKO SIKIRICA AND OTHERS

__________________________________________________________________________

ORDER GRANTING LEAVE FOR WITHDRAWAL OF CHARGES
AGAINST Nikica JANJIC, Dragan KONDIC, Goran LAJIC, Dragomir
SAPONJA, and Nedjeljko TIMARAC

__________________________________________________________________________

The Office of the Prosecutor:

Louise Arbour
Prosecutor

 

I, Lal Chand Vohrah, Judge of the International Criminal Tribunal for the Former Yugoslavia,

NOTING the indictment filed by the Prosecutor on 26 June 1995 and confirmed by me on 21 July 1995 ("the subject indictment") against, inter alia, Nikica Jankic, Dragan Kondic, Goran Lajic, Dragomir Saponja, and Nedjeljko Timarac ("the named accused");

NOTING the arrest warrants issued against the named accused on 21 July 1995;

NOTING the motion filed by the Prosecutor on 28 April 1998 requesting leave, pursuant to Rule 51 of the Rules of Procedure and Evidence, to withdraw the charges against the named accused from the subject indictment and for an order withdrawing the arrest warrants against the named accused;

CONSIDERING that the accused Nikica Janjic is dead and that a copy of the death certificate was filed with the Registry on 9 June 1997;

CONSIDERING the submission of the Prosecutor that the increase in the number of arrests and surrenders of accused to the custody of the International Tribunal has compelled her to re-evaluate all outstanding indictments vis-a-vis the overall investigative and prosecutorial strategies of the Office of the Prosecutor;

CONSIDERING the resources available to the Office of the Prosecutor and the requirement under Article 20 of the Statute that all trials be fair and expeditious;

CONSIDERING that the named accused could appropriately be tried in another forum, such as a State forum; and

CONSIDERING the submission of the Prosecutor that withdrawal of the charges against the named accused does not preclude the pursuit of the same or other charges against them in the future;

FOR THE FOREGOING REASONS -

ORDER, pursuant to Rule 51 of the Rules of Procedure and Evidence, that leave be granted to the Prosecutor to withdraw the charges in the subject indictment against the accused Nikica Jankic, Dragan Kondic, Goran Lajic, Dragomir Saponja, and Nedjeljko Timarac;

ORDER that the arrest warrants dated 21 July 1995 against Nikica Jankic, Dragan Kondic, Goran Lajic, Dragomir Saponja, and Nedjeljko Timarac, be withdrawn; and

INSTRUCT the Registrar to take all necessary measures to enforce this order pursuant to this Rule.

 

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

(signed)
Lal Chand Vohrah
Judge

Dated this fifth day of May 1998,
At The Hague,
The Netherlands

[Seal of the Tribunal]