Case No.: IT-02-54-T
Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
11 March 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
________________________________
ORDER ON PROSECUTION FILING OF AMENDED ANNEX I TO CROATIA INDICTMENT
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Mr. Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Prof. Timothy L.H. 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 ("International Tribunal"),
BEING SEISED OF a "Prosecution Filing of Amended Annex I to Croatia Indictment", filed 5 March 2004 ("Motion"), in which the Prosecution seeks to substitute Annex I to the Croatia Indictment with a version deleting, changing the identifying information of, or adding certain victims to Annex I of that Indictment, following the testimony of the witness Ivan Grujic (“witness”),
NOTING that the Prosecution bases its application on a statement made by Judge May during the course of the testimony of the witness, as follows:
In due course…it may be right, in light of this evidence and any other that there may be which would require amendment, formally for you to serve a document amending the indictment to delete these names.1
NOTING that Judge May’s comments go to the deletion of names and not to the addition of names or amendment of identifying information of victims named in the Indictment,
CONSIDERING that, although the Prosecution asserts that it is not seeking to amend the Croatia Indictment, the amendments sought can only be characterised as an application to amend that Indictment, thereby rendering applicable Rule 50 (A)(i)(c) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), which provides that
(A) (i) The Prosecutor may amend an indictment:
…
(c) after the assignment of the case to a Trial Chamber, with the leave of that Trial Chamber or a Judge of that Chamber, after having heard the parties.
PURSUANT TO Rule 50 (A)(i)(c) of the Rules
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
___________
Judge Robinson
Presiding
Dated this eleventh day of March 2004
At The Hague
The Netherlands
[Seal of the Tribunal]