IN THE TRIAL CHAMBER
Before: Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 19 December 1997
PROSECUTOR
v.
MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC
___________________________________
DECISION ON PROSECUTION MOTION
FOR AN ORDER FOR PUBLICATION OF NEWSPAPER ADVERTISEMENT
AND AN ORDER FOR SERVICE OF DOCUMENTS
___________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Mr. Clint Williamson
Counsel for the Accused:
Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic
THE TRIAL CHAMBER,
NOTING the Motion filed by the Office of the Prosecutor ("Prosecution") for an Order for Publication of Newspaper Advertisement and an Order for Service of Documents filed on 27 November 1997 ("the Motion") and the Defence Response thereto, filed on 8 December 1997,
NOTING the Decision of the Trial Chamber Concerning Separation of Trials issued on 28 November 1997, ordering that the accused, Slavko Dokmanovic, be tried separately from the three co-accused, none of whom are in the custody of the International Tribunal,
NOTING that the Motion is addressed to Trial Chamber I, being the Chamber which conducted the Rule 61 proceedings against the three co-accused but that it also refers to the accused, Slavko Dokmanovic,
NOTING FURTHER that, pursuant to the assignment of the President of the International Tribunal under Rule 62 of the Rules of Procedure and Evidence ("Rules") dated 20 November 1997, this Trial Chamber has jurisdiction over all matters pertaining to the accused, Slavko Dokmanovic,
CONSIDERING the arguments raised by the Prosecution in support of the issue of orders of the nature sought,
CONSIDERING FURTHER the concerns of the Defence as to some of the terms thereof,
NOTING that the issue of orders in the terms sought will not in any way prejudice the discretion of this or any other Trial Chamber in any subsequent proceedings involving any of the three co-accused to determine at that time and on the basis of the information then before it, whether or not to admit the transcripts of testimony of witnesses in the trial of the accused, Slavko Dokmanovic, without the need for the witnesses to attend again in person and to give evidence in the presence of the three co-accused and whether or not the three co-accused have waived any right to examine those witnesses,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY GRANTS THE MOTION AND ISSUES the Orders sought in the form requested by the Prosecution.
____________________
Antonio Cassese
Presiding Judge
Dated this nineteenth day of December 1997
At The Hague
The Netherlands
[Seal of the Tribunal]