Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
20 April 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
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ORDER ON CONTEMPT CONCERNING WITNESS KOSTA BULATOVIC
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Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
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 ("the International Tribunal"),
Proprio motu
NOTING the refusal of the witness, Kosta Bulatovic (“witness”) to answer questions asked by the Prosecution in cross-examination on 19 and 20 April 2005,
NOTING the relevant provisions of Rule 77 of the Rules of Procedure and Evidence of the International Tribunal, as follows:
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…
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(D) If the Chamber considers that there are sufficient grounds to proceed against a person for contempt, the Chamber may:
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CONSIDERING that the Trial Chamber has reason to believe that the witness may be in contempt of the Tribunal and that it is appropriate for the Trial Chamber to initiate proceedings itself under Rule 77(C)(iii) of the Rules,
CONSIDERING that the Trial Chamber considers that there are sufficient grounds to proceed against the witness for contempt and, pursuant to Rule 77(D)(ii), to issue an order in lieu of an indictment and to prosecute the matter itself,
PURSUANT TO Rule 77 of the Rules
HEREBY ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
__________________________
Judge Robinson
Presiding
Dated this twentieth day of April
2005
At The Hague
The Netherlands
[Seal of the Tribunal]