IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
1 June 2000

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

 __________________________________________________

SCHEDULING ORDER FOR HEARING
ON DEFENCE MOTION
FOR JUDICIAL ASSISTANCE

__________________________________________________

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

Peace Stabilization Force:

James M. Coyne, Colonel, Legal Advisor

 

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 "Notice of Motion for Judicial Assistance" in connection with the Peace Stabilisation Force ("SFOR") or other military and security forces operating on the territory of Bosnia and Herzegovina ("the Application"), filed by the Defence for the accused, Stevan Todorovic, on 24 November 1999, seeking the assistance of the Trial Chamber in obtaining information and documents in connection with the evidentiary hearing to be held on a "Motion for an order directing the Prosecutor to forthwith return the accused Stevan Todorovic to the country of refuge" and "Accused Stevan Todorovicís Petition for a Writ of Habeas Corpus", both filed by the Defence for Stevan Todorovic on 21 October and 15 November 1999 respectively,

BEING SEISED also of a motion for an Order directing the Registry of the International Tribunal to serve the Application upon SFOR, filed by the Defence for Stevan Todorovic on 21 February 2000,

NOTING the filing by the Defence for Stevan Todorovic on 23 May 2000, notifying the Trial Chamber of the steps taken by the applicant to secure the assistance of SFOR and the refusal of SFOR voluntarily to provide the information,

NOTING the adoption by the International Tribunal of Rule 54 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which, pursuant to Rule 6 (D) of the Rules, entered into force on 7 December 1999 but shall not operate to prejudice the rights of the accused in this case,

CONSIDERING that Rule 54 bis (D) requires that, where a request for an Order for the production of documents or information by a State is sought, the State concerned shall be given notice of the application and shall have an opportunity to be heard,

CONSIDERING that the application by the Trial Chamber of the procedure set forth in Rule 54 bis (D) does not give rise to any prejudice to the accused,

CONSIDERING that the Trial Chamber is of the view that a similar procedure should be applied to requests seeking orders for production of documents and materials from an international organization and that the international organization should be afforded the opportunity to address the Trial Chamber,

PURSUANT to Rule 54 bis of the Rules,

HEREBY ORDERS as follows:

(1) the Application shall be served upon SFOR immediately:

(2) SFOR may, by Friday 16 June 2000, file a written response to the Application; and

(3) a hearing on the Application shall be held on Friday 23 June 2000 commencing at 9.30 a.m., at which SFOR may be heard.

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

 

__________________________
Patrick Robinson
Presiding Judge

Dated this first day of June 2000
At The Hague
The Netherlands

[Seal of the Tribunal]