Case No. IT-02-60-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay

Registrar:
Mr. Hans Holthuis

Decision of:
3 June 2004

PROSECUTOR

v.

VIDOJE BLAGOJEVIC
DRAGAN JOKIC

__________________________________________

DECISION ON REQUEST FOR EXTENSION OF TIME FILED BY THE KINGDOM OF THE NETHERLANDS

__________________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Mr. Branko Lukic for Dragan Jokic

The Kingdom of The Netherlands

 

TRIAL CHAMBER I, SECTION A, ("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");

NOTING the "Request for the Issuance of subpoena ad testificandum, an Order for Safe Conduct and an Order for the Service and Execution of the Subpoena and Order for Safe Conduct" concerning Mr. Ton Karremans, Colonel (Ret.) and Commander of the Dutch UNPROFOR Battalion III in 1995, filed on a confidential basis on 11 May 2004 by the Defence for Vidoje Blagojević ("Request");

NOTING the Trial Chamberís Order for Clarification regarding the Request filed on a confidential basis on 14 May 2004, and the Response1 to that Order filed on a confidential basis by the Blagojevic Defence on 19 May 2004;

NOTING the "Decision on Vidoje Blagojevicís Request for the Issuance of subpoena ad testificandum and Supporting Documentation, and Subsequent Request to the Government of the Netherlands" filed on 27 May 2004 ("Decision"), in which the Trial Chamber inter alia found that the testimony of Mr. Karremans is directly relevant to this case, and, pursuant to Article 29 of the Statute2 and Rule 54 of the Rules of Procedure and Evidence3 ("Rules"), requested the co-operation and assistance of the Kingdom of the Netherlands in contacting and informing Mr. Karremans of the request for his testimony, at a date and time to be determined by the Defence in consultation with Mr. Karremans and the Dutch authorities, in order to determine his willingness to appear as a witness before the Tribunal;

NOTING FURTHER that in the Decision the Trial Chamber requested that the competent authorities of the Kingdom of the Netherlands inform the Trial Chamber within seven days from the Decision of the outcome of its discussions with Mr. Karremans and/or the Blagojević Defence, if any;

BEING SEISED of a request for an extension of time filed by the Ministry of Foreign Affairs of the Kingdom of the Netherlands, filed on 2 June 2004, in which it requests an extension of seven days to file its response to the Decision;

CONSIDERING that the Trial Chamber finds that good cause has been shown for requesting an extension of time, namely the time required for co-ordination between the relevant Ministries of the Kingdom of the Netherlands;

PURSUANT TO Article 29 of the Statute and Rule 54 of the Rules,

HEREBY GRANTS THE REQUEST for an extension of time until 9 June 2004; and

FURTHER ORDERS that, as the defence case for Vidoje Blagojevic is due to conclude on or before 25 June 2004, the appearance of Mr. Karremans as a witness is requested, at the earliest, on 16 June 2004, or at the latest, on 22 June 2004;

AND REQUESTS that the Registry provide the Kingdom of the the Netherlands with the Request and Response filed on a confidential basis by the Blagojevic Defence on 11 May 2004 and 19 May 2004, respectively.

 

Done in French and English, the English version being authoritative.

________________
Judge Liu Daqun
Presiding

Dated this third day of June 2004,
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Vidoje Blagojevicís Response to the Order for Clarification regarding the Request for Issuance of a Subpoena, an Order for Safe Conduct, and an Order for the Service and Execution of the Subpoena and Order for Safe Conduct concering Ton Karremans, 19 May 2004.
2. Article 29 ("Co-operation and judicial assistance") of the Statute provides: 1. States shall co-operate with the International Tribunal in the investigation and prosecution of persons accused of committing serious violations of international humanitarian law. 2. States shall comply without undue delay with any request for assistance or an order issued by a Trial Chamber, including, but not limited to: (a) the identification and location of persons; (b) the taking of testimony and the production of evidence; (c) the service of documents; (d) the arrest or detention of persons; (e) the surrender or the transfer of the accused to the International Tribunal.
3. Rule 54 ("General Rule") of the Rules provides: At the request of either party or proprio motu, a Judge or a Trial Chamber may issue such orders, summonses, subpoenas, warrants and transfer orders as may be necessary for the purposes of an investigation or for the preparation or conduct of the trial.