IN THE APPEALS CHAMBER

Before:
Judge Gabrielle Kirk McDonald, Presiding
Judge Antonio Cassese
Judge Rafael Nieto-Navia
Judge Mohamed Shahabuddeen
Judge Wang Tieya

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
13 October 1999

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

____________________________________________________

DECISION ON APPEAL BY STEVAN TODOROVIC AGAINST
THE ORAL DECISION OF 4 MARCH 1999 AND THE WRITTEN
DECISION OF 25 MARCH 1999 OF TRIAL CHAMBER III

____________________________________________________

The Office of the Prosecutor

Mr. Grant Niemann
Ms. Nancy Paterson
Mr. Christopher Staker

Counsel for the Accused Stevan Todorovic

Mr. Deyan Ranko Brashich

 

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 ("International Tribunal");

NOTING the Notice of Motion for Evidentiary Hearing on Arrest, Detention and Removal of Stevan Todorovic and for Extension of Time to Move to Dismiss Indictment filed by Stevan Todorovic (the "Accused") on 11 February 1999 ("Motion");

NOTING the oral argument held on 4 March 1999 before Trial Chamber III with respect to the Motion, the oral decision denying the Motion rendered by Trial Chamber III on 4 March 1999 and the Decision Stating Reasons for Trial Chamber’s Order of 4 March 1999 on Defence Motion for Evidentiary Hearing on the Arrest of the Accused Todorovic, issued on 25 March 1999, affirming Trial Chamber III’s oral decision ("Decision");

NOTING the Accused Stevan Todorovic’s Motion for Leave to Appeal From a Certain Oral Order Dated March 4, 1999 and a Decision Dated March 25, 1999 which Denied Motion for an Evidentiary Hearing on Abduction and Kidnapping and Thereafter for Leave to File a Motion to Repatriate the Accused to the Country of Refuge, filed on 25 May 1999;

NOTING the Decision on Application by Stevan Todorovic for Leave to Appeal Against the Oral Decision of Trial Chamber III of 4 March 1999, issued on 1 July 1999, in which a bench of three Judges of the Appeals Chamber granted the accused leave to appeal pursuant to Rule 73(B) on the question of "whether the Trial Chamber erred in denying the Defence request for an evidentiary hearing and an order directing the Prosecutor to afford discovery";

CONSIDERING The Accused/Appellant Stevan Todorovic’s Brief on Appeal, filed on 22 July 1999, the Prosecution Response to the Appeal Brief of the Accused/Appellant Stevan Todorovic, filed on 4 August 1999, and The Accused/Appellant Stevan Todorovic’s Reply Brief, filed on 16 August 1999;

FURTHER NOTING that the issue before the Trial Chamber was not whether there was a kidnapping and, if so, what were its legal effects, but whether or not, as stated by the Trial Chamber in its decision of 25 March 1999, to grant the Accused’s request for an evidentiary hearing as to the alleged kidnapping of the Accused;

CONSIDERING that the Trial Chamber, in its 25 March 1999 Decision, denied the Motion on the basis that "the Motion does not contain sufficient factual and legal material, and in particular does not provide a statement as to the factual circumstances of his arrest";

NOTING that the Trial Chamber did not abuse its discretion in reaching its Decision and, therefore, no ground appears on which the Appeals Chamber may intervene in respect of the Trial Chamber’s finding;

HEREBY DISMISSES the Appeal.

All other pending motions are denied as moot.

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

___________________________
Gabrielle Kirk McDonald
Presiding

Dated this thirteenth day of October 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]