IN TRIAL CHAMBER II

Before: Judge Carmel Agius, Pre-Trial Judge

Registrar: Mr Hans Holthuis

Decision of: 15 February 2002

PROSECUTOR

v

Dragan NIKOLIC

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DECISION ON PROSECUTOR’S MOTION FOR LEAVE TO AMEND THE FIRST AMENDED INDICTMENT

_____________________________________________________________________________________

The Office of the Prosecutor:

Mr Upawansa Yapa

Counsel for accused

Mr Howard Morrison

I, Judge Carmel Agius, Pre-Trial Judge in these proceedings, Trial Chamber II of the International Criminal Tribunal for the former Yugoslavia (hereinafter "International Tribunal");

BEING SEISED of the "Prosecution’s Motion for Leave to Amend the First Amended Indictment" (hereinafter "Motion"), filed on 7 January 2002;

NOTING that pursuant to Rule 50 of the Rules of Procedure and Evidence of the International Tribunal (hereinafter "Rules"), the Prosecution seeks leave to amend the First Amended Indictment against the Accused, as proposed in the Second Amended Indictment attached to the Motion;

CONSIDERING that at the Status Conference of 9 January 2002 the Defence raised no objection to the Prosecution’s Motion, stating even that they "welcomed" the amended indictment;

CONSIDERING that the draft Second Amended Indictment seeks:

1. to remove charges based on Article 2 and 3 of the Statute of the International Tribunal (hereinafter "Statute") on the basis of judicial economy;
2. to remove charges solely based upon Article 7 (3) of the Statute;
3. to reduce the number of counts from eighty to eight, by regrouping the charges of persecution and inhumane conditions;
4. to confine the alleged scope of the Accused’s individual criminal responsibility to Article 7(1) of the Statute;
5. to add three new charges, arising out of conduct previously alleged, under Count 2, 3 and 6;

CONSIDERING the proposed amendments to the First Amended Indictment and the reasons given in support thereof;

CONSIDERING that the reasons given by the Prosecution do justify the filing of a Second Amended Indictment, as set out in the Motion;

FOR THE FOREGOING REASONS

PURSUANT TO Rule 50 of the Rules;

HEREBY ORDER as follows:

1. The Prosecution’s Motion for Leave to Amend the First Amended Indictment is granted;
2. Pursuant to Rule 50 (B) of the Rules a further appearance be held on Monday 18 March 2002 at 3 p.m., to enable the accused to enter a plea on the new charges.

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

Done this fifteenth day of February 2002
At The Hague
The Netherlands

___________________
Carmel Agius
Pre-Trial Judge

[Seal of the Tribunal]