BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
22 November 2000

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS a/k/a "KRLE"
MLADO RADIC a/k/a "KRKAN"
ZORAN ZIGIC a/k/a “ZIGA”
DRAGOLJUB PRCAC

____________________________________________________________

DECISION ON MOTION OF THE ACCUSED ZORAN ZIGIC
FOR LEAVE TO APPEAL THE DECISION OF TRIAL CHAMBER I OF 13 OCTOBER 2000

____________________________________________________________

Counsel for the Prosecutor:

Ms. Brenda Hollis

Counsel for the Accused:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

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 ("the Bench" and "the International Tribunal", respectively),

BEING SEIZED OF the "Motion of the Accused Zoran Zigic for Leave to Appeal the Decision of Trial Chamber I of 13 October on Prosecution Request to File a Consolidated Indictment and to correct Confidential Schedules", filed confidentially on 19 October 2000 pursuant to Rule 73 (B)(i) and (ii) of the Rules of Procedure and Evidence ("the Motion" and "the Rules", respectively);

NOTING the "Prosecution’s Response to ‘Motion of the Accused Zoran Zigic for Leave to Appeal the Decision of Trial Chamber I of 13 October 2000 on Prosecution Request to File a Consolidated Indictment and to correct Confidential Schedules’", filed confidentially on 25 October 2000;

NOTING the "Defence’s Reply to Prosecution’s ‘Response to Motion of the Accused Zoran Zigic for Leave to Appeal the Decision of Trial Chamber I of 13 October on Prosecution’s Request to File a Consolidated Indictment and to correct Confidential Schedules’", filed confidentially on 30 October 2000;

NOTING FURTHER that the decision of Trial Chamber I rendered on 13 October 2000 ("the Impugned Decision") (i) dismissed "the objections to the consolidated indictment raised by the Defence for the accused Miroslav Kvocka and Zoran Zigic”, and (ii) authorised the “Prosecutor to file a consolidated indictment, at the same time as the corrected (Annexes A through E to the Request)";

CONSIDERING that the Motion submits, inter alia that: (i) the Impugned Decision makes the Indictment unreliable for the Defence and creates unfair conditions for the Defence as the accused is being indicted for "more murders, maybe for a couple of thousands more" during the period from 1 July to 30 August 1992; and (ii) the Trial Chamber "in some way" caused prejudice to the accused by stating that he "joined a criminal enterprise" and had "common purpose" with other accused persons;

CONSIDERING that the Motion is filed pursuant to Rule 73 (B) which provides that decisions on motions other than preliminary motions are without interlocutory appeal, save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave:

(i) 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;

(ii) if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

CONSIDERING that it is for the Defence to show the Bench either that the Impugned Decision would cause such prejudice to its case as could not be cured by the final disposal of the trial including post-judgement appeal, or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

FINDING that there has been no showing either that there is such prejudice or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

HEREBY DECIDES to dismiss the Motion.

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

_____________________
Judge Shahabuddeen
Presiding

Dated this twenty second day of November 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]