Case No. IT-04-82-PT

IN TRIAL CHAMBER II

Before:
Judge Albin Eser, Pre-Trial Judge

Registrar:
Mr. Hans Holthuis

Order of:
20 October 2005

PROSECUTOR

v.

Ljube BOSKOSKI
Johan TARCULOVSKI

___________________________________________

SECOND ORDER CONCERNING SUPPORTING MATERIAL

___________________________________________

The Office of the Prosecutor:

Mr. Dan Saxon
Mr. William Smith

Counsel for the Accused:

Mr. Dragan Godzo for Ljube Boskoski
Mr. Antonio Apostolski for Johan Tarculovski

 

I, Albin Eser, Judge of TRIAL CHAMBER II ("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 that the initial indictment against the accused Ljube Boskoski ("Boskoski" ) and the accused Johan Tarculovski ("Tarculovski") was reviewed and confirmed on 9 March 2005;-1-

NOTING "Decision on Ljube Boökoskiís Motion Challenging the Form of the Indictment" ("Decision") dated 22 August 2005, in which the Trial Chamber ordered the Prosecution to file an amended indictment providing clarification on certain points;

NOTING "Prosecution Motion for Leave to Amend the Original Indictment with Attachments Annex A and B" ("Prosecution Motion") filed on 5 September 2005 and "Corrigendum to Proposed Amended Indictment" filed on 12 September 2005 by the Office of the Prosecutor ("Prosecution");

NOTING that the Prosecution Motion was filed along with an appended proposed Amended Indictment ("Proposed Amended Indictment") in response to the Decision;

CONSIDERING that the Prosecutionís Proposed Amended Indictment comprises two different types of modifications, namely, changes proposed in conformity with the Decision by the Trial Chamber and amendments newly suggested by the Prosecution;

NOTING "Scheduling Order" issued on 15 September 2005 whereby, in view of the two different types of modifications, I ordered the Defence to file its Response to the Prosecution Motion including both challenges to the filing of the Proposed Amended Indictment amending the Original Indictment and challenges to the form of the Proposed Amended Indictment, if any;

NOTING "Defenceís Response to Prosecutionís Motion for Leave to Amend the Original Indictment with Attachments Annex A and B" ("Boskoskiís Response") filed on 29 September 2005 by Boskoski and "Defence Response on Behalf of Johan Tarculovski [ sic] to the Prosecutionís Motion for Leave to Amend the Original Indictment with Challenges to the Form of the Proposed Amended Indictment" ("Tarculovskiís Response") filed on the same day by Tarculovski;

NOTING "Prosecutionís Reply to the ĎDefence Response for Leave to Amend the Original Indictmentí Filed by Accused Ljube Boskoski" and "Prosecutionís Reply to the ĎDefence Response on Behalf of Johan Tarculovski to the Prosecutionís Motion for Leave to Amend the Original Indictment with Challenges to the Form of the Proposed Amended Indictmentí" filed on 6 October 2005 by the Prosecution replying Boskoskiís Response and Tarculovskiís Response respectively;

NOTING "Order Concerning Supporting Material" issued on 14 October 2001, whereby I ordered the Prosecution to direct the Trial Chamber to the material already filed or to file new supporting material that the Prosecution believes establishes a prima facie case of the existence of a state of armed conflict during the period the Prosecution added in the Proposed Amended Indictment;

BEING SEISED OF "Prosecutionís Notice of Compliance with the Trial Chamberís Order Concerning Supporting Material Dated 14 October 2005 with Annex A & B" ("Notice") filed on 18 October 2005 by the Prosecution;

NOTING that the "supporting material" submitted in the Notice by the Prosecution consists of a news summary of 13 August 2001 (Annex A) and a table of numerous excerpts of daily news summaries for the period of 13 August 2001 to 28 December 2001 (Annex B), produced by the Allied Press Information Centre of the Allied Forces in Southern Europe (NATO) in Skopje, and that Annex B does not contain copies of originals;

CONSIDERING that the provisions in Rule 50(A)(i), (ii) and (iii) read together with Rule 47 direct a Trial Chamber or a Judge to base its or his consideration on evidence itself, namely content of original documents, not mere summaries of the evidence, in determining whether a prima facie case is established with regard to an amendment;

CONSIDERING that the same standard has to apply in determining whether a prima facie case exists in relation to amendments of an indictment, in the same manner as it was applied to the confirmation of the original indictment;

PURSUANT TO Rule 47 and Rule 50(A)(i)(c), (ii) and (iii) of the Rules;

HEREBY ORDER the Prosecution to submit copies of the evidence, relating to the relevant period of time, that the Prosecution intends to rely on as material supporting the amendments, no later than 25 October 2005.

 

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

Dated this twentieth day of October 2005,
At The Hague
The Netherlands

_________________________

Judge Albin Eser
Pre-Trial Judge

[Seal of the Tribunal]

"Original Indictment" 22 December 2004.