IN THE APPEALS CHAMBER

 

Before: Judge Mohamed Shahabuddeen, Presiding

Judge Antonio Cassese

Judge Wang Tieya

Judge Rafael Nieto-Navia

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 10 September 1999

 

PROSECUTOR

v.

DUSKO TADIC


ORDER REMITTING SENTENCING TO A TRIAL CHAMBER


 

The Office of the Prosecutor:

Mr. Upawansa Yapa

Ms. Brenda J. Hollis

Mr. William Fenrick

Mr. Michael Keegan

Ms. Ann Sutherland

Counsel for the Appellant:

Mr. William Clegg

Mr. John Livingston

 

The Appeals Chamber ("Appeals 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");

NOTING the Opinion and Judgement issued by Trial Chamber II on 7 May 1997 ("Trial Chamber Judgement") and the Sentencing Judgement issued by Trial Chamber II on 14 July 1997 ("Sentencing Judgement") both in Prosecutor v Dusko Tadic, Case No.: IT-94-1-T;

NOTING the Appeal by the Office of the Prosecutor, notice of which was filed on 6 June 1997, relating to certain Counts of the Indictment in respect of which the Appellant was acquitted in the Trial Chamber Judgement;

NOTING the Appeal by the Appellant against Sentencing Judgement, notice of which was filed on 9 August 1997, wherein the Appellant seeks certain reliefs ("Appeal against Sentencing Judgement");

NOTING that both parties agreed to the necessity for a separate sentencing procedure in the event that the Appeals Chamber were to find the Appellant guilty of Counts for which he was acquitted in the Trial Chamber Judgement and that the Appeals Chamber in turn accepted that necessity;

NOTING the Appeals Chamberís Judgement of 15 July 1999 ("Judgement") wherein it found the Appellant guilty of Counts for which he had been acquitted as reflected in sub-paragraphs (4) and (5) of the disposition of the Judgement;

NOTING that in the Judgement, the Appeals Chamber deferred sentencing on the Counts referred to in sub-paragraphs (4) and (5) of the disposition to a later stage;

NOTING the oral order of the Appeals Chamber of 15 July 1999 for the parties to file written sentencing briefs by 25 August 1999 on the Counts referred to in sub-paragraphs (4) and (5) of the disposition;

NOTING the "Scheduling Order" issued by the Appeals Chamber on 27 July 1999 requesting the parties to address by 25 August 1999 the matters mentioned during oral proceedings on 15 July 1999, as well as the question whether the Appeals Chamber should remit to a Trial Chamber, and, if so, to which Trial Chamber, the question of sentencing the Appellant in respect of the Counts referred to in sub-paragraphs (4) and (5) of the disposition;

NOTING that the Parties filed their respective written submissions by 25 August 1999 pursuant to the Scheduling Order;

NOTING the oral arguments of the parties on 30 August 1999, whereby they indicated that they recognised the competence of the Appeals Chamber itself to pronounce sentences but considered that the Appeals Chamber was also competent to remit sentencing to a Trial Chamber, which latter course they considered preferable in the circumstances of the case;

CONSIDERING that, for the purposes of this case, it is sufficient for the Appeals Chamber to decide, as it hereby decides, that it is competent to remit sentencing to a Trial Chamber and that in the circumstances of the case it is preferable to do so;

HEREBY DECIDES in the light of the circumstances of this case to:

  1. remit the matter of sentencing the Appellant, in respect of the Counts referred to in sub-paragraphs (4) and (5) of the disposition of the Judgement, to a Trial Chamber to be designated by the President of the International Tribunal;
  2. adjourn the decision on the Appeal against Sentencing Judgement pending a determination by the Trial Chamber referred to in (1) above as to the appropriate sentence to be imposed in respect of the Counts referred to in sub-paragraphs (4) and (5) of the disposition of the Judgement.

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

 

_____________________ ________________ _________________

Mohamed Shahabuddeen Antonio Cassese Wang Tieya

Presiding

 

____________________ ______________________________

Rafael Nieto-Navia Florence Ndepele Mwachande Mumba

 

Dated this tenth day of September 1999

At The Hague,

The Netherlands.

SSeal of the TribunalC