IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri
Registrar:
Mr. Hans Holthuis
Decision of:
23 May 2001
PROSECUTOR
v.
MOMCILO KRAJISNIK
&
BILJANA PLAVSIC
________________________________________________
DECISION ON MOTION FROM BILJANA PLAVSIC
TO DISMISS OR FOR ALTERNATIVE RELIEF
_________________________________________________
Office of the Prosecutor:
Mr. Mark Harmon
Mr. Nicola Piacente
Counsel for the Accused:
Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert. J. Pavich, for Biljana Plavsic
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 ("International Tribunal"),
BEING SEISED of a "Motion to Dismiss or for Alternative Relief" filed on behalf of the accused, Biljana Plavsic, on 2 May 2001 ("the Motion"), in which the accused seeks to have the Indictment against her dismissed, or alternatively to have the proceedings stayed until additional resources are provided for her defence, and that her case be tried separately from that of her co-accused Momcilo Krajisnik, for the following reasons:
NOTING the "Prosecution’s Response to Biljana Plavsic’s Motion to Dismiss or for Alternative Relief" filed by the Prosecution on 11 May 2001, in which the Prosecution submits that the Motion be rejected for the following reasons:
NOTING "Biljana Plavsic’s Reply to Prosecution’s Response to Her Motion to Dismiss or for Alternative Relief" filed by the Defence on 18 May 2001 without having sought leave to reply, in which the accused re-states that relief is available for violations of Articles 20 and 21 of the Statute and re-stating the accused’s position,
CONSIDERING that the accused should avail herself of the appropriate procedures for the application for further resources for the preparation of her defence,
CONSIDERING that the Prosecution has clarified the quantity of likely documentary disclosure in these proceedings at around 200,000 pages,
CONSIDERING that the Trial Chamber has ruled on the issue of joinder in both its "Decision on Motion for Joinder" on 23 February 2001 and its "Decision on Motion for Separate Trial" on 27 April 2001,
CONSIDERING FURTHER that the relief sought by the accused in respect of dismissal of the Indictment or a stay of proceedings is premature at this stage of the proceedings,
PURSUANT TO RULES 54 AND 73 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY DENIES the Motion but will keep the matter of resources under review to ensure that the Defence will be in a proper position to proceed to trial.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this twenty-third day of May 2001
At The Hague
The Netherlands
[Seal of the Tribunal]