Case No.: IT-95-14-R77.2

IN THE TRIAL CHAMBER

Before:
Judge O-Gon Kwon, Presiding
Judge Patrick Robinson
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Order of:
21 October 2005

PROSECUTOR

v.

IVICA MARIJACIC
MARKICA REBIC

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DECISION ON DEFENCE MOTIONS PURSUANT TO RULE 65 BIS

_________________________________________________

The Office of the Prosecutor:

Mr. David Akerson

Counsel for Ivica Marijacic:

Mr. Marin Ivanovic

Counsel for Markica Rebic:

Mr. Krešmir Krsnik

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 SEIZED OF a "Defendant Ivica Marijacic’s Request Pursuant to Rule 65(C)(I) bis,” filed by the accused Ivica Marijacic on 18 October 2005 (“Marijacic Request"), and a Confidential “Motion of the Accused Markica Rebic for a Status Conference Sceduled [sic] for the 26 October 2005 being Conducted via Video Conference," filed by the accused Markica Rebic on 18 October 2005 (“Rebic Request”) (together, the Marijacic Request and the Rebic Request are here referred to as "the Requests"),

CONSIDERING that Rule 65 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides in paragraph (C) that, with the written consent of the accused, a status conference may be conducted in his presence, but with his counsel participating either via tele-conference or video-conference, or in his absence, but with his participation via tele-conference if he so wishes and/or participation of his counsel via tele-conference or video-conference,

NOTING the Confidential "Written Consent of the Accused Markica Rebic in support of the Defence Motion for a Status Conference Sceduled [sic] for the 26 October 2005 being Conducted via Video Conference of 18 October 2005," filed on 20 October 2005 (“Rebic Consent”),

CONSIDERING that there is no reason why the Rebic Request and the Rebic Consent should be filed confidentially,

NOTING that Ivica Marijacic and Markica Rebic ("the Accused") have provided written consent to their participation, and the participation of their counsel, in the Status Conference scheduled for 26 October 2005, by telephone link or video link,¹

PURSUANT TO Rules 65 bis and 54 of the Rules,

HEREBY GRANTS the Requests and ORDERS

(1) the Registry to file the Rebic Request and Rebic Consent as public documents,

(2) the Registry to make the necessary arrangements for the Status Conference scheduled on 26 October 2005 at 3:00 p.m. to be conducted by telephone link between Courtroom 3 of the International Tribunal and the Accused and their counsel in Zagreb.

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

__________________
O-Gon Kwon
Presiding

Dated this twenty-first day of October 2005
At The Hague
The Netherlands

[Seal of the Tribunal]