PRESIDENT OF THE TRIBUNAL

Before: President Gabrielle Kirk McDonald

Registrar: Dorothee de Sampayo Garrido-Nijgh

Order of: 19 December 1997

 

PROSECUTOR

v.

MARIO CERKEZ, DARIO KORDIC, IVAN SANTIC, PERO SKOPLJAK

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ORDER OF THE PRESIDENT AUTHORISING A TRIAL CHAMBER TO CONDUCT A MATTER IN THE ABSENCE OF TWO OF ITS MEMBERS

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Office of the Prosecutor

Mr. Mark B. Harmon

Counsel for the Accused

Mr. Leo Andreis for Mario Cerkez
Mr. Bozadir Kovacic for Dario Kordic
Mr. Ivan Kern for Ivan Santic
Ms. Jadranka Slokovic Glumac for Pero Skopljak

 

I, Gabrielle Kirk McDonald, President of the International Criminal Tribunal for the former Yugoslavia,

NOTING that Trial Chamber I, composed of Judge Claude Jorda (Presiding), Judge Fouad Riad and Judge Almiro Rodriguez, has been seized of the Prosecutor’s Motion under Rule 51 for leave to withdraw the Indictment against the Accused Pero Skopljak and of the Prosecutor’s Motion under Rule 51 for leave to withdraw the Indictment against the Accused Ivan Santic ("the Motions");

NOTING that Counsel for the Accused do not oppose the Motions;

CONSIDERING that the Motions raise matters of fundamental importance, namely the restoration of the liberty of Pero Skopljak and of Ivan Santic;

CONSIDERING therefore that it is in the interests of justice that the Motions are considered expeditiously by Trial Chamber I;

NOTING that Judges Claude Jorda and Almiro Rodriguez are presently absent from the seat of the International Tribunal;

CONSIDERING Rule 15 (E) of the Rules and Procedure and Evidence of the International Tribunal, which vests in me the power to authorise, in case of illness or an unfilled vacancy or any other exceptional circumstances, a Chamber to conduct routine matters in the absence of one or more members of that Chamber;

HEREBY DECIDE that a hearing on the unopposed Motions constitutes a routine matter;

FURTHER DECIDE that the present matter constitutes an exceptional circumstance;

FURTHER DECIDE, pursuant to Rule 15 (E), to authorise Trial Chamber I, composed of Judge Fouad Riad, to conduct a hearing on the Motions.

 

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

 _________________________

Gabrielle Kirk McDonald

President

Dated this nineteenth day of December 1997

At The Hague

The Netherlands

[Seal of the Tribunal]