Case No. IT-03-67-PT

IN TRIAL CHAMBER II

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

Registrar:
Mr. Hans Holthuis

Decision of:
12 December 2005

PROSECUTOR

VOJISLAV SESELJ

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Counsel for the Prosecutor:

Ms. Hildegard Uertz-Retzlaff
Alex Whiting
Mr. Ulrich Mussemeyer
Mr. Daniel Saxon

The Accused:

Mr. Vojislav Seselj

Standby counsel:

Mr. Tjarda Eduard van der Spoel

TRIAL CHAMBER II ("Trial 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");

BEING SEISED OF "Submission Number 116" ("Motion"), filed by Vojislav Seselj ("Accused") on 16 November 2005, wherein he requests i) "an order for the trial to commence by 24 February 2006 at the latest", or ii) "an order to abolish detention, dismiss the indictment and release Dr Vojislav Seselj";

NOTING "Prosecution’s Response ‘Request of the Accused for Trial Chamber II to issue an order for the Trial to Commence by 24 February 2006 or an Order to Abolish Detention, Dismiss the Indictment and Release Dr Vojislav Seselj’ (Submission No. 116)", filed on 6 December 2005 ("Response"), in which the Prosecution submits that i) the Motion does not comply with the Practice Direction and should therefore not be considered and not been denied his right against; ii) "the Accused has not been denied his right against an undue delay in the commencement of his trial"; and iii) "the Accused has not been denied his right against pre-trial detention for an unreasonable period of time";

CONSIDERING that the scheduling of a date for commencement of a trial is an administrative decision;

CONSIDERING that the Prosecution has filed a pre-trial brief as well as witness and exhibit lists, but that the pre-trial phase of this case is not yet completed;

CONSIDERING that the Trial Chamber cannot fix the date of the 24 February 2006 as requested by the Accused for the start of his trial;

NOTING that the Accused has been detained in the United Nations Detention Unit since 24 February 2003;

CONSIDERING that there is no legal logic in the argument of the Accused that if the case will not start on 24 February 2006, then the remedy would be to order to abolish his detention, dismiss the indictment and release the Accused;

CONSIDERING FURTHER that the Accused has not shown that there is a change in circumstances, that he "will appear for trial and, if released, will not pose a danger to any victim, witness or other person", which are the requirements set out in relation to provisional release in Rule 65 of the Rules of Procedure and Evidence;

HEREBY DENIES the Motion.

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

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

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Judge Carmel Agius
Presiding