IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
28 July 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
ORDER ON AMICI CURIAE MOTION IN RELATION TO ACCUSED’S DISCLOSURE OBLIGATIONS AND REQUEST FOR ADDITIONAL TIME
__________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff
The Accused
Mr. Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack
Ms. Gillian Higgins
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 ("the International Tribunal"),
HAVING ORDERED, in its "Order to the Accused on Compliance with Disclosure Obligations", issued on 6 July 2004, as follows:
BEING SEISED OF an "Amici Curiae Motion in Relation to the Accused’s Disclosure Obligations and Request for Additional Time", filed on 16 July 2004 ("Motion"), in which the Amici Curiae seek an extension of 14 days in order for the defence to
HAVING ORDERED the Prosecution to file its response to the Motion by 26 July 2004,
NOTING the confidential "Prosecution’s Response to the Amici Curiae Motion in Relation to the Accused’s Disclosure Obligations and Request for Additional Time", filed on 22 July 2004 ("Response"), in which the Prosecution seeks the following orders:
NOTING that the Prosecution has not objected to the relief sought by the Amici Curiae for 14 days for the Defence to comply with the relevant disclosure obligations concerning witnesses and the 5% of documents as identified,
NOTING the Prosecution’s offer to assist the Accused in locating the documents sought from the Government of Serbia and Montenegro and the International Court of Justice,
REMINDING the Accused that he should be selective in prioritising exhibits for translation in accordance with the order on which he intends rely upon them and, as noted by the Prosecution, only request translation of the relevant excerpts of books or other large documents,
CONSIDERING that orders (1) to (3) sought in the Prosecution Response do not directly arise from the Motion and that, if the Prosecution wishes to make submissions on these other issues, it may do so appropriately in separate applications,
PURSUANT TO Rule 127 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY GRANTS THE MOTION.
Done in English and French, the English text being authoritative.
__________________
Judge Robinson
Presiding
Dated this twenty-eighth day of July 2004
At The Hague
The Netherlands
[Seal of the Tribunal]