Decision Confirming Vacation of Prior Orders and Termination of Proceedings

Case No.: IT-99-36-R77

IN THE TRIAL CHAMBER

Before:
Judge O-Gon Kwon, Presiding
Judge Amin El Mahdi
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
17 December 2004

PROSECUTOR

v.

RADOSLAV BRDJANIN

CONCERNING ALLEGATIONS AGAINST MILKA MAGLOV

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DECISION CONFIRMING VACATION OF PRIOR ORDERS AND TERMINATION OF PROCEEDINGS

__________________________________________________

Amicus Curiae Prosecutor:

Ms. Brenda Hollis

Respondent:

Ms. Milka Maglov

Defence Counsel:

Mr. Jonathan Cooper
Mr. Peter Murphy

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,

BEING SEISED of an oral motion by the amicus curiae prosecutor in this matter made at the pre-trial conference held on 13 December 2004 to vacate the Orders of Trial Chamber II issued on 15 April 2003 and 6 February 2004, which initiated proceedings against Milka Maglov for contempt of the International Tribunal, pursuant to Rule 77 (A)(ii) and (iv) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") and to terminate those proceedings ("the Motion to Terminate"),

NOTING that the Defence supports the Motion to Terminate,

HAVING GRANTED the Motion to Terminate orally on 13 December 2004,

PURSUANT TO Rule 77 of the Rules and by consent

HEREBY CONFIRMS its oral Decision to grant the Motion to Terminate and terminate all proceedings related to the alleged contempt.

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

_____________
Judge O-Gon Kwon
Presiding

Dated this seventeenth day of December 2004
At The Hague
The Netherlands

[Seal of the Tribunal]