IN THE TRIAL CHAMBER
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simoes Rodrigues
Mr. Jean-Jacques Heintz, Deputy Registrar
29 July 1998
DARIO KORDIC, MARIO CERKEZ
DECISION ON THE PROSECUTOR'S MOTION
FOR LEAVE TO AMEND THE INDICTMENT
The Office of the Prosecutor:
Mr. Graham T. Blewitt
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott
Mr. Mitko Naumovski
Mr. David F. Geneson
Mr. Turner T. Smith, Jr.
Mr. Bozidar Kovacic
TRIAL CHAMBER I (hereinafter "the 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,
NOTING the indictment against Dario Kordic and Mario Cerkez confirmed by Judge McDonald on 10 November 1995,
NOTING the motion of the Prosecutor, filed on 11 February 1998, for leave to amend the indictment (hereinafter "the Motion"),
NOTING the Order of 21 May 1998 on the disclosure of additional information in respect of the Prosecutor's application for leave to amend the indictment,
NOTING the various pleadings of the Office of the Prosecutor dated 21 April, 19 May, 25 May and 15 June 1998,
PURSUANT to Sub-rule 50(A)(ii) of the Rules of Procedure and Evidence (hereinafter "the Rules"),
CONSIDERING that the present Motion from the Prosecutor was submitted long after the confirmation of the indictment and before the commencement of the presentation of evidence within the meaning of Rule 85 of the Rules,
CONSIDERING that the Trial Chamber therefore does not have jurisdiction to grant leave to amend the said indictment nor a fortiori to review it,
FOR THE FOREGOING REASONS,
INSTRUCTS the Prosecutor to refer the application to amend the indictment, indicated in the present Motion, back to the Judge who confirmed it or to any other Judge designated by the President.
Done in French and English, the French version being authoritative.
Done this twenty-ninth day of July 1998.
At The Hague
Presiding Judge of the Trial Chamber