Case No. IT-03-73-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Jean Claude Antonetti
Judge Kevin Parker

Registrar:
Mr. Hans Holthuis

Decision:
23 March 2005

PROSECUTOR

IVAN CERMAK
MLADEN MARKAC

_______________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott
Ms. Laurie Sartorio

Counsel for the Accused:

Mr. Cedo Prodanovic and Ms. Jadranka Slokovic for Ivan Cermak
Mr. Miroslav Separovic and Mr. Goran Mikulicic for Mladen Markac

TRIAL CHAMBER II 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;

NOTING the "Prosecution’s Motion for an Extension of Time in Which to Amend Indictment" filed on 18 March 2005 ("Motion"), whereby the Prosecution seeks a forty-five days extension, as of 21 March 2005, in which to file an amended Indictment;

NOTING the "Decision on Ivan Cermak’s and Mladen Markac’s Motions on Form of Indictment", issued on 8 March 2005 ("Decision of 8 March 2005"), in which the Trial Chamber ordered the Prosecution to amend the Indictment in relation to various matters within twenty-one days of the decision, i.e. by 29 March 2005;

NOTING that in the Motion, the Prosecution indicates that it is intending to propose further amendments to the Indictment and to file to motion for joinder with the related case Prosecutor v. Ante Gotovina (Case No. 01-45-I); that in the Prosecution’s submission, these matters would be best addressed in a single amended Indictment;

CONSIDERING that the Motion raises issues which may affect the Defence for the Accused Ivan Cermak and Mladen Markac ("Defence") and that it is therefore appropriate to allow the Defence to file a response to the Motion, if it so wishes;

NOTING that pursuant to Rule 126bis of the Rules of procedure and evidence ("Rules’), any response by the Defence shall be filed within fourteen days of the filing of the Motion, unless otherwise ordered, so that the Defence response to the Motion need not be filed until 1 April 2005, i.e. after the date by which the Indictment is presently required to be amended;

PURSUANT TO Rules 54, 65ter and 126bis of the Rules,

ORDERS, as an interim measure, that the time within which the Indictment is to be amended by virtue of the Decision of 8 March 2005 be enlarged to "within twenty-one days of 1 April 2005", and otherwise DEFERS consideration of the Motion until after the filing of the Defence response or 1 April 2005, whichever is the earlier.

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

Dated this twenty-third day of March 2005
At The Hague
The Netherlands

____________________________
Carmel Agius
Presiding