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:
25 October 2005

PROSECUTOR

v.

IVICA MARIJACIC
MARKICA REBIC

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DECISION ON REQUEST OF THE ACCUSED MARKICA REBIC FOR CERTIFICATION OF APPEAL TO CHALLENGE DECISION ON AMENDMENT OF THE INDICTMENT

_________________________________________________

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 Confidential "Request of the Accused Markica Rebic for Certification of Interlocutory Appeal to Challenge the Decision on Prosecution’s Motions to Amend the Indictment in part in which the Motions to Amend have been Granted" filed on 14 October 2005 by the Defence for the accused Markica Rebic (the “Request”) seeking certification to challenge the "Decision on Prosecution Motions to Amend the Indictment," issued by the Trial Chamber on 7 October 2005 ("Decision"),

CONSIDERING that Rule 73(B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") requires two criteria be satisfied before a Trial Chamber may certify a decision for interlocutory appeal: (1) that the issue would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and (2) an immediate resolution of the issue by the Appeals Chamber may, in the opinion of the Trial Chamber, materially advance the proceedings,

CONSIDERING that there is no reason for the Request to be filed confidentially,

NOTING that the arguments in favour of certification put forward by the accused Markica Rebic are that: (1) allowing the Prosecution to add new allegations to the indictment to mend its deficiency "greatly affects the right of the Accused to be familiar with the cause and nature of charges against him, as well as to be able to prepare and conduct his defence" and therefore affects the fair conduct of these proceedings, (2) when there is the possibility of the Prosecution amending the indictment, this "greatly affects the expeditious conduct of these proceedings, as the decision making process on the issue, as well as the time needed for the Defence to prepare itself, greatly slows the proceedings," affecting fairness and causing undue delay, and (3) a decision from the Appeals Chamber on the amendments to the indictment that were permitted by the Trial Chamber "affects the question of deficiency of the Indictment, anSdC therefore the continuation or termination of the proceedings based on that Indictment, i.e. their outcome, and would greatly affect the material advancement of the proceedings,"

CONSIDERING that certification will only be granted if both of the criteria set out in Rule 73(B) are met,

CONSIDERING that the accused Markica Rebic has not sufficiently demonstrated how a decision by the Appeals Chamber on his challenge to those amendments to the Indictment that were granted by the Trial Chamber in its Decision would affect the fair and expeditious conduct of the proceedings, or the outcome of the trial,

CONSIDERING ALSO that the present case concerns allegations of contempt, that it is ready to go to trial, and that the trial proceedings should be concluded swiftly, and that an appeal to the Appeals Chamber would serve to delay the proceedings for several months,

CONSIDERING THEREFORE that an appeal to the Appeals Chamber at the present stage would not materially advance the proceedings,

PURSUANT TO Rules 73 and 54 of the Rules,

HEREBY DENIES the Request and ORDERS the Registry to file the Request as a public document.

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

__________________
O-Gon Kwon
Presiding

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

[Seal of the Tribunal]