Case No.: IT-04-80-AR73.1

IN THE APPEALS CHAMBER

Before:
Judge Theodor Meron, Presiding
Judge Mohamed Shahabuddeen
Judge Florence Mumba
Judge Andrésia Vaz
Judge Wolfgang Schomburg

Registrar:
Mr. Hans Holthuis

Decision of:
21 October 2005

THE PROSECUTOR

v.

Zdravko TOLIMIR
Radivoje MILETIC
Milan GVERO

__________________________________________________

DECISION ON PROSECUTIONíS URGENT MOTION

_________________________________________________

Office of the Prosecutor

Mr. Peter McCloskey

Counsel for the Accused:

Ms. Natacha Fauveau Ivanovic for Radivoje Miletic
Mr. Dragan Krgovic for Milan Gvero

 

The 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 ("Appeals Chamber" and "Tribunal", respectively),

NOTING an appeal1 of the "Decision on Motion for Joinder",2 filed on 21 September 2005, which joined nine Accused, including Radivoje Miletic (ďMileticĒ), onto one single Indictment;

IS SEIZED of the Prosecutionís urgent motion ("Prosecution Motion")3 requesting leave to file a consolidated response to the Defence Appeal and another appeal against the Impugned Decision filed by Vinko Pandurevic (ďPandurevic ")4;

CONSIDERING that counsel for Miletic and counsel for Pandurevic orally confirmed to the Appeals Chamber that they do not object to the Prosecution Motion;

HEREBY GRANTS the Prosecution Motion, and ORDERS that the Prosecution may file a consolidated response to the appeal filed by Miletic and the appeal filed by Pandurevic according to the timing of the appeal in the present case.

 

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

Done this 21th day of October 2005,
At The Hague,
The Netherlands.

________________________
Judge Theodor Meron
President

[Seal of the Tribunal]


1. Prosecutor v. Tolimir et al., Case No. IT-04-80-AR73.1, "Appel Contre la Décision Relative à la Jonction díInstances en Date du 21 Septembre 2005", 13 October 2005.
2. Prosecutor v. Vujadin Popovic, Ljubisa Beara, Drago Nikolic, Ljubomir Borovcanin, Zdravko Tolimir, Radivoje Miletic, Milan Gvero, Vinko Pandurevic, & Milorad Trbic, Case Nos. IT-02-57-PT, IT-02-58-PT, IT-02-63-PT, IT-02-64-PT, IT-04-80-PT, IT-05-86-PT, Decision on Motion for Joinder, 21 September 2005 ("Impugned Decision").
3. Prosecutor v. Tolimir et al., Case No. IT-04-80-AR73.1, Prosecutionís Urgent Motion for Leave to File a Consolidated Response to Vinko Pandurevicís and Radivoje Mileticís Interlocutory Appeal Against the Trial Chamberís Decision on Joinder of Accused, 18 October 2005 ("Prosecution Motion").
4. Prosecutor v. Pandurevic & Trbic, Case No. IT-05-86-AR73.1, Vinko Pandurevicís Defence Interlocutory Appeal Against the Trial Chamberís Decision on Motion For Joinder, 11 October 2005.