IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
1 April 1999
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
__________________________________________
ORDER ON MOTION TO ENLARGE TIME CONCERNING TRANSLATIONS
__________________________________________
The Office of the Prosecutor:
Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Counsel for the Accused:
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr.,
and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez
THIS 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 ("the International Tribunal"),
BEING SEISED OF a "Prosecutors motion to enlarge time concerning BCS translations" filed by the Office of the Prosecutor ("Prosecution") on 24 March 1999, seeking a further extension of time in which to provide witness statements in a language the accused understands, together with the "Defence response to the Prosecutors motion to enlarge time concerning BCS translations" filed by the Defence for the accused, Dario Kordic, and the Notice of Joinder filed on behalf of the accused, Mario Cerkez, (together "the Defence"), both filed on 30 March 1999,
NOTING the Order of this Trial Chamber made at the Pre-Trial Conference on 11 March 1999 for all witness statements to be disclosed in a language the accused understands by 6 April 1999 and that any statements not so disclosed may be considered for exclusion during the course of the case,
NOTING the previous Orders and Decisions of this Trial Chamber concerning access by the Defence to the transcripts of both public and closed session testimony in other related cases, pursuant to which the Defence has been, or is in the process of being, provided with copies of the relevant transcripts,
NOTING the date of 12 April 1999 set for the commencement of trial in this matter,
NOTING with concern that only eighteen witnesses are being called for the first six weeks of the trial and bearing in mind the current situation in the former Yugoslavia,
CONSIDERING Article 21, paragraph 4(b), of the Statute of the International Tribunal of the International Tribunal which guarantees to the accused "adequate time and facilities for the preparation of his defence",
PURSUANT TO Rules 54 and 66 (A) of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),
HEREBY INSTRUCTS the Prosecution to use its best endeavours to ensure that no time is wasted through the absence of witnesses and ORDERS as follows:
Done in English and French, the English text being authoritative.
_____________________________
Richard May
Presiding
Dated this first day of April 1999
At The Hague
The Netherlands
[Seal of the Tribunal]