BEFORE A BENCH OF THE APPEALS CHAMBER

Before: Vice President Mohamed Shahabuddeen,

Judge Wang Tieya

Judge Rafael Nieto-Navia

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh,

Decision of: 14 July 1998

 

THE PROSECUTOR

v.

Milan KOVACEVIC

_______________________________________________

DECISION ON DEFENSE’S REQUEST FOR LEAVE TO APPEAL TRIAL CHAMBER DECISION
OF 3 JULY 1998

_______________________________________________

Office of the Prosecutor:

Ms. Brenda J. Hollis
Mr. Michael J. Keegan

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

 

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 ("Tribunal"),

NOTING the Defence Request for leave to Appeal Trial Chamber Decision of 3 July 1998 filed on 6 July 1998 ("Request"), and the Prosecutor‘s Response filed on 10 July 1998;

CONSIDERING that the proposed appeal raises an issue whether, with respect to amendments, the confirmation of an indictment after the initial appearance of the accused

is an ex parte or inter partes proceeding;

CONSIDERING that that issue is of general importance to proceedings before the Tribunal within the meaning of Rule 73 (B) (ii) of the Rules of Procedure and Evidence ("Rules");

AND WITHOUT PASSING on whether Rule 73 (B) (i) of the Rules is applicable;

HEREBY GRANTS the request for leave to appeal;

AND INVITES the attention of the Parties to Rule 116 bis (B) of the Rules concerning the fixing of all delays and other procedural requirements.

 

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

________________________

Mohamed Shahabuddeen

Presiding

Dated this Fourteenth day of July 1998,

At The Hague,

The Netherlands.

[Seal of the Tribunal]