IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
18 July 2000

PROSECUTOR

v.

DAMIR DOSEN
DRAGAN KOLUNDZIJA

___________________________________________________________

DECISION ON DEFENCE MOTIONS ON
AMENDED CONFIDENTIAL ATTACHMENT

____________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis

Counsel for the Accused:

Mr.Vladimir Petrovic, for Damir Dosen
Mr. Duöan Vucicevic, for Dragan Kolundzija

 

THIS 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 ("International Tribunal"),

BEING SEISED of the "Defense Preliminary Motion Opposing Amendment of Indictment by Amended Version of Confidential Attachment" ("Defence Preliminary Motion"), filed by counsel for the accused Dragan Kolundzija on 11 April 2000; and the "Defence Submission in Regard of Confidential Attachment to the Amended Indictment"("Defence Submission"), filed by counsel for the accused Damir Dosen on 11 April 2000,

NOTING the Trial Chamberís Decision on Preliminary Motions ("Decision"), filed 10 February 2000, in which the Trial Chamber ordered the Prosecution "to file an amended version of confidential Attachment A, which will form part of the Amended Indictment," specifying the capacity in which each accused is alleged to have participated in the alleged crimes and his type of responsibility,

NOTING the "Prosecutionís Submission of Amended Version of Confidential Attachment to Amended Indictment", filed by the Office of the Prosecutor ("the Prosecution") on 9 March 2000,

NOTING the Prosecutionís Response to the accused Dragan Kolundzijaís Defense Preliminary Motion, filed by the Prosecution on 18 April 2000; the Prosecutionís Response to the accused Damir Dosenís Defence Submission, filed by the Prosecution on 18 April 2000; and the Defence Reply to the Prosecutionís Response, filed by counsel for the accused Damir Dosen on 10 May 2000,

HAVING HEARD the oral arguments of the parties at a hearing on 23 June 2000,

NOTING that the Defence submit that (a) Rule 50 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") on amendment of the indictment should apply; (b) the forms of alleged responsibility of the accused are not adequately specified; (c) the Prosecution should not be allowed to allege common purpose at this stage; (d) the Attachment is not specific enough in identifying the victims, co-perpetrators and timing of the crimes; (e) certain amendments to Attachment A go beyond the scope of the Indictment,

NOTING that in the Trial Chamberís Decision of 10 February 2000, the Indictment and Attachment "A" were found to satisfy the requirements of the Statute of the International Tribunal and the Rules, with the exception of the amendments which the Trial Chamber ordered the Prosecution to make,

NOTING that confidential Attachment A was incorporated into the Indictment in the same Decision; thus Rule 50 is not applicable,

CONSIDERING that the amended version of confidential Attachment A sufficiently specifies the various ways in which it is alleged the accused participated in the crimes,

NOTING however, that in relation to the accused Damir Dosen, the amendments made to Attachment A under Counts 4-7 go beyond the scope of paragraph 25 of the Indictment and beyond what the Trial Chamber ordered in its Decision of 10 February 2000,

NOTING ALSO, that in relation to the accused Dragan Kolundzija certain of the amendments made to Attachment A also go beyond the Trial Chamberís Decision,

NOTING that in relation to Damir Dosen, the Prosecution has agreed to amend the Attachment to fit the scope of paragraph 25 of the Indictment;

CONSIDERING that in relation to the accused Dragan Kolundzija, amendments to the Attachment likewise should not go beyond the Trial Chamberís Decision,

CONSIDERING that the Prosecution is entitled to allege common purpose at this stage of the proceedings, and that the Defence has adequate time to prepare for trial accordingly,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence

HEREBY DISMISSES the Defence Preliminary Motion and the Defence Submission and ALLOWS those amendments submitted by the Prosecution to Attachment A which are in compliance with the Trial Chamberís Decision on Preliminary Motions of 10 February 2000.

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

 

__________________________
Richard May
Presiding

Dated this eighteenth day of July 2000
At The Hague
The Netherlands

[Seal of the Tribunal]