BEFORE A BENCH OF THE APPEALS CHAMBER OF THE INTERNATIONAL TRIBUNAL

Before: Judge Wang Tieya, Presiding

Judge Lal Chand Vohrah

Judge Rafael Nieto-Navia

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 12 March 1999

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

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DECISION ON REQUEST OF THE DEFENCE COUNSEL FOR DRAGAN PAPIC FOR LEAVE TO APPEAL AGAINST ORAL DECISION DATED 24 FEBRUARY 1999

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The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herjevic for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

This Bench of the Appeals 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"),

NOTING the oral decision of Trial Chamber II rendered during the hearings held on 24 February 1999, in the absence of Judge Richard May due to illness, whereby an oral motion by the Defence Counsel for the accused Dragan Papic to adjourn the hearings of certain Defence witnesses which were to be conducted following the procedure laid down in Rule 71 of the Rules of Procedure and Evidence ("Rules"), was denied ("Oral Decision") and the hearings were conducted accordingly;

NOTING the Request of the Defence Counsel for Dragan Papic for Leave to Appeal against Oral Decision, filed on 25 February 1999 pursuant to sub-Rule 73 (B) of the Rules ("Request");

NOTING the Decision on Prosecution Request to Proceed by Deposition, rendered by Trial Chamber II on 25 February 1999 and filed on the same day;

NOTING that sub-Rule 73 (B) provides:

Decisions on such motions are without interlocutory appeal save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave

      1. if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal; or
      2. if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

CONSIDERING that the Oral Decision was given pursuant to Rule 71 of the Rules;

CONSIDERING ALSO that the Request raises issues pertaining to the interpretation and application of sub-Rules 15 (E) and (F) and Rule 71 of the Rules;

FINDING that the impugned Oral Decision will not cause such prejudice to the case of Dragan Papic as could not be cured by the final disposal of the trial including post-judgement appeal;

FINDING, however, that the issues raised in the Request, as set out above, are of general importance to proceedings before the Tribunal;

 

HEREBY DECIDES, unanimously, to accede to the Request and grants leave to appeal.

 

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

___________________________

Wang Tieya

Presiding Judge

Dated this twelfth day of March 1999

At The Hague,

The Netherlands.

[Seal of the Tribunal]