IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
20 January 2006
PROSECUTOR
v.
SLOBODAN MILOSEVIC
______________________________________________________
DECISION ON PROSECUTION MOTION FOR SPECIFIC ORDERS RELATING TO TRIAL IN ABSENTIA
______________________________________________________
Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused
Mr. Slobodan Milosevic
Assigned Counsel
Mr. Steven Kay
Ms. Gillian Higgins
Amicus Curiae
Prof. Timothy McCormack
THIS TRIAL 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 ("Tribunal"),
BEING SEIZED OF a "Prosecution’s Motion for Specific Orders Relating to Trial in Absentia", filed on 16 January 2006 ("Motion"), in which it seeks orders from the Trial Chamber relating to the conduct of the Defence case in the event that the Accused is absent from the trial on the grounds of ill health, and of the "Book of Authorities for the Prosecution’s Motion for Specific Orders Relating to Trial in Absentia", filed on 17 January 2006 ("Book of Authorities"),
NOTING that the Motion itself is prolix and in parts repetitive, and is more than three times the permitted length,1
CONSIDERING that the Motion seeks relief in respect of events which have not taken place and is, therefore, hypothetical and premature, and relates to issues of which the Trial Chamber is well aware and well placed to deal with if they arise,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal,
HEREBY DISMISSES THE MOTION.
Done in English and French, the English text being authoritative.
__________________________
Judge Robinson
Presiding
Dated this twentieth day of January 2006
At The Hague
The Netherlands
[Seal of the Tribunal]