Case No. IT-05-88-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Jean-Claude Antonetti
Judge Kevin Parker

Registrar:
Mr. Hans Holthuis

Decision of:
12 October 2005

THE PROSECUTOR

v.

VUJADIN POPOVIC
LJUBISA BEARA
DRAGO NIKOLIC
LJUBOMIR BOROVCANIN
ZDRAVKO TOLIMIR
RADIVOJE MILETIC
MILAN GVERO
VINKO PANDUREVIC
MILORAD TRBIC

________________________________________________

DECISION ON MOTION FOR CERTIFICATION OF JOINDER DECISION FOR INTERLOCUTORY APPEAL

________________________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Zoran Zivanovic for Vujadin Popovic
John Ostojic for Ljubisa Beara
Jelena Nikolic for Drago Nikolic
Alan Newman and Miodrag Stojanovic for Ljubomir Borovčanin
Natacha Fauveau Ivanovic for Radivoje Miletic
Dragan Krgovic for Milan Gvero
Djordje Sarapa for Vinko Pandurevic
Colleen Rohan for Milorad Trbic

 

TRIAL CHAMBER II 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 "Motion for Joinder of Accused" filed by the Office of the Prosecutor ("Prosecution") on 10 June 2005 ("Motion"), in which the Prosecution sought to join six cases involving nine accused together in one indictment;1

NOTING that, on 29 June 2005, the President of the Tribunal ("President") issued an order appointing Judges Patrick Robinson, Carmel Agius and Liu Daqun to constitute Trial Chamber III for the purpose of determining the Motion;

NOTING the "Decision on the Motion for Joinder" issued by Trial Chamber III on 21 September 2005, in which the Trial Chamber granted the Motion pursuant to Rule 48 of the Rules of Procedure and Evidence of the Tribunal ("Rules") and joined the aforementioned cases into a single case of Prosecutor v. Vujadin Popovic, Ljubisa Beara, Drago Nikolic, Ljubomir Borovcanin, Zdravko Tolimir, Radivoje Miletic, Milan Gvero, Vinko Pandurevic and Milorad Trbic;2

NOTING the order of 26 September 2005 in which the President of the Tribunal assigned the case to Trial Chamber II pursuant to Rule 19 of the Rules;

NOTING further the separate motions for certification of the Trial Chamberís Decision for interlocutory appeal filed by the Accused Vinko Pandurevic and Radivoje Miletic concurrently before Trial Chamber III and Trial Chamber II on 27 September 2005 ("Motions for Certification");

NOTING finally, the "Decision on Motion for Certification of Joinder Decision for Interlocutory Appeal" rendered by Trial Chamber III on 6 October 2005, in which Trial Chamber III granted the Motions for Certification pursuant to Rule 73(B) of the Rules;

CONSIDERING that the Motions for Certification pending before Trial Chamber II are thus moot;

 

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

Dated this twelfth day of October 2005
At The Hague
The Netherlands

____________________________
Judge Carmel Agius
Presiding

[Seal of the Tribunal]


1. The Motion concerns the cases of Prosecutor v. Vujadin Popovic, Case No. IT-02-57-PT; Prosecutor v. Ljubisa Beara, Case No. IT-02-58-PT; Prosecutor v. Drago Nikolic, Case No. IT-02-63-PT; Prosecutor v. Ljubomir Borovcanin, Case No. IT-02-64-PT; Prosecutor v. Zdravko Tolimir, Radivoje Miletic and Milan Gvero, Case No. IT- 04-80-PT; Prosecutor v. Vinko Pandurevic and Milorad Trbic, Case No. IT-05-86-PT.
2. The cases joined by the decision of Trial Chamber III of 21 September 2005 shall be referred as the single case of Prosecutor v. Vujadin Popovic, Ljubisa Beara, Drago Nikolic, Ljubomir Borovcanin, Zdravko Tolimir, Radivoje Miletic, Vinko Pandurevic and Milorad Trbic, Case No. IT-05-88-PT.