Case No.: IT-02-59-I

BEFORE A JUDGE OF A TRIAL CHAMBER

Before: Judge Liu Daqun

Registrar: Mr. Hans Holthuis

Date filed: 26 April 2002

PROSECUTOR
v.
DARKO MRDJA

EX PARTE / UNDER SEAL

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DECISION ON REVIEW OF INDICTMENT AND ORDER FOR NON-DISCLOSURE

___________________________________________________________

To the Office of the Prosecutor

Carla del Ponte, Prosecutor

 

I, Judge Liu Daqun, Judge 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 SEIZED of an Indictment ("Indictment"), a Guide to Supporting Material and supporting material transmitted and filed on 16 April 2002 by the Prosecutor against DARKO MRDJA, son of Milenko, born on 28 June 1967 in Zagreb, and former member of the Prijedor Police;

BEING SEIZED of the Prosecutorís "Presentation of an Indictment for Review and Application for Warrant of Arrest and For Related Orders and a Decision Concerning an Order for Non-Disclosure", filed on 16 April 2002;

HAVING HEARD the Prosecutor pursuant to Rules 47 and 53 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") on 25 April 2002;

CONSIDERING that Article 19 of the Statute of the International Tribunal ("Statute") requires a Judge to whom an indictment has been transmitted to review it and, if "satisfied that a prima facie case has been established by the Prosecutor", to confirm the indictment;

CONSIDERING that Rule 47 requires a Judge to examine each of the counts in the indictment and any supporting material the Prosecutor may provide to determine, applying the standard in Article 19, whether a case exists against the suspect;

NOTING that in the Indictment, DARKO MRDJA is alleged to have committed in the territory of Bosnia and Herzegovina, on 21 August 1992, the following crimes: violations of the laws or customs of war (murder), as recognised by Article 3 (1) (a) of the Geneva Conventions of 1949 and punishable under Articles 3 and 7 (1) of the Statute, and crimes against humanity (extermination and inhumane acts) punishable by virtue of Articles 5 (b), 5 (i) and 7 (1) of the Statute;

CONSIDERING that I have carefully examined each count and considered the supporting material provided by the Prosecutor, including the statements and interview protocols of sixteen witnesses, seven of whom are survivors and eye-witnesses of the charged crimes;

CONSIDERING that, on the basis of the material submitted by the Prosecutor, a prima facie case against DARKO MRDJA in respect of the crimes with which he is charged in the Indictment has been established;

PURSUANT to Article 19 of the Statute and Rules 47, 53, 54, 55 and 59 bis of the Rules;

HEREBY CONFIRM the Indictment in respect of each and every count therein;

AND ORDER that:

  1. The arrest warrant for the accused person shall not be transmitted to the authorities of Bosnia and Herzegovina or the Republika Srpska unless otherwise ordered;
  2. Two copies of the Arrest Warrant for the accused person, addressed to the Prosecutor and the Republika Srspka, respectively, shall be transmitted to the Prosecutor who may, in her discretion, transmit them to the authorities of the entity known as the "Republika Srpska" and/or to the International Stabilisation Force ("SFOR");
  3. With the exception of SFOR and the authorities of the Republika Srpska, there shall be no public disclosure of the Indictment, this Decision, or the Arrest Warrant until the Arrest Warrant is served on the accused or unless further ordered;
  4. There shall be no public disclosure of the supporting material until further order;
  5. Other than to representatives of the Office of the Prosecutor, there shall be limited internal disclosure within the Tribunal of the Indictment to only those individuals who have a compelling need to know or who require access to the indictment or supporting material to perform their normal duties.

 

Dated this twenty-sixth day of April 2002,
At The Hague,
The Netherlands

Judge Liu Daqun
Judge of the International Criminal Tribunal for the Former Yugoslavia

[Seal of the Tribunal]