IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
19 April 2000

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

___________________________________________

SCHEDULING ORDER

___________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Ms. Nancy Paterson
Ms. Suzanne Hayden

Counsel for the accused:

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

International Committee for the Red Cross:

Mr. Christopher Greenwood, Q.C.
Mr. Gabor Rona

 

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 a confidential "De Novo Motion to Sever the Trial on the Indictment of Stevan Todorovic from that of the Accused Milan Simic" filed by counsel for the accused, Stevan Todorovic, on 21 September 1999 ("Todorovic Motion for Separate Trial"),

BEING SEISED of a "Motion for an Order Requesting Assistance in Securing Documents and Witnesses from the International Committee of the Red Cross" filed by counsel for the accused, Stevan Todorovic, on 23 September 1999, seeking an order for judicial assistance in obtaining certain information from the International Committee of the Red ("ICRC") ("Todorovic Motion for Order to ICRC"),

BEING SEISED of a "Motion for the Provisional Release of Milan Simic" filed by counsel for the accused, Milan Simic, on 16 December 1999 ("Simic Motion for Provisional Release"),

BEING SEISED of a "Notice of Motion for Judicial Assistance" filed by counsel for the accused, Stevan Todorovic, on 24 November 1999, seeking an order for judicial assistance in obtaining certain information from the Stablization Force in Bosnia and Herzegovina ("SFOR") ("Todorovic request for assistance from SFOR"),

BEING SEISED also of a "Motion to Strike Finding that the November 24, 1999 Motion for Judicial Assistance was made on an ex parte basis and in the Alternative for an Order directing the Registry to serve the Motion upon SFOR", filed by counsel for the accused, Stevan Todorovic on 21 February 2000 ("Todorovic Motion for service")

NOTING that both the Todorovic Motion for Separate Trial and the Simic Motion for Provisional Release had been deferred pending the outcome of the contempt proceedings pursuant to Rule 77 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") initiated against the accused, Milan Simic, and his previous lead counsel, Mr. Branislav Avramovic,

NOTING the judgement of the Trial Chamber in those proceedings, pronounced on 29 March 2000,

NOTING the Scheduling Order of the Trial Chamber issued on 18 November 1999 as varied by the Decision of the Trial Chamber issued on 28 February 2000, which Scheduling Order stated that "a further Scheduling Order shall be issued in respect of the [Todorovic] Motion for Order to ICRC",

PURSUANT to Rule 54 of the Rules,

HEREBY ORDERS as follows:

  1. Counsel for Stevan Todorovic shall, by Wednesday 3 May 2000, make any further submissions concerning the Todorovic Motion for Separate Trial, failing which such Motion shall be deemed to have been withdrawn;
  2. Counsel for Stevan Todorovic shall, by Wednesday 3 May 2000, make any further submissions concerning the Todorovic Motion for Order to ICRC;
  3. The Office of the Prosecutor ("Prosecution") shall, by Wednesday 26 April 2000, file any further observations it may wish to make in connection with the Simic Motion for Provisional Release;
  4. The Defence for Milan Simic shall have one week from the filing of the Prosecution observations in which to respond, following which the Trial Chamber shall proceed to its determination of the Simic Motion for Provisional Release;
  5. Further consideration of the Todorovic request for assistance from SFOR and the Todorovic Motion for service is hereby deferred until after the determination by the Appeals Chamber of the interlocutory appeal in the matter of IT-95-9-AR73.3; and
  6. A status conference is scheduled for Wednesday 28 June 2000 at 3 p.m. at which, subject to further order, all accused and their counsel are to appear.

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

________________________
Patrick Robinson
Presiding Judge

Dated this nineteenth day of April 2000
At The Hague
The Netherlands

[Seal of the Tribunal]