IN THE TRIAL CHAMBER

 Before:
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simões Rodrigues

Registrar:
Mr. Jean-Jacques Heintz, Deputy-Registrar

Decision of:
21 May 1998

THE PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ


DECISION ON PROSECUTOR'S MOTION FOR LEAVE TO CORRECT PAGE 12 OF THE PROPOSED AMENDED INDICTMENT


The Office of the Prosecutor:

Mr. Mark Harmon
Ms. Susan Somers
Mr. Patricia Lopez-Terres
Mr. Kenneth Scott

Defence Counsel:

Mr. Mitko Naumovski
Mr. Bozidar Kovacic

 

TRIAL CHAMBER I of the International Criminal Tribunal for the former Yugoslavia (hereinafter "the Tribunal")

NOTING the indictment against Dario Kordic and Mario Cerkez confirmed on 10 November 1995,

NOTING the Trial Chamber’s decision of 28 January 1998 on the Prosecutor's motion to hold pre-trial motions in abeyance,

NOTING the Prosecutor's application for leave to amend the indictment, filed on 11 February 1998,

NOTING the Defence’s response of 20 February 1998,

NOTING the Prosecutor’s motion for leave to correct page 12 of the proposed amended indictment, presented on 21 April 1998,

NOTING the Trial Chamber’s decision on the application of the accused for disqualification of Judges Jorda and Riad rendered on 21 May 1998,

CONSIDERING that the Prosecutor is requesting leave to correct paragraph 42 (page 12) of the proposed amended indictment, that is, to add "Zenica" to the list of places mentioned on the said page,

CONSIDERING that the city of "Zenica" expressly appears in paragraph 36 of the original version of the indictment; that this city is also mentioned in inter alia paragraphs 7, 14, 24 and 36 of the said proposed amended indictment; that its omission from the proposal is merely an oversight on the part of the Prosecutor,

CONSIDERING that the Prosecutor filed her motion to amend the indictment within the time-limit established by this Trial Chamber, pursuant to its decision dated 28 January 1998,

CONSIDERING that the Trial Chamber’s decision on leave to amend the indictment has not yet been rendered due to the suspension of the proceedings pending the decision on the disqualification of Judges Jorda and Riad,

CONSIDERING therefore that leave to make the requested correction does not prejudice the rights of the accused,

FOR THE FOREGOING REASONS,

GRANTS the Prosecutor’s motion for leave to correct page 12 of the proposed amended indictment,

REQUESTS the Prosecutor to provide to the Trial Chamber a corrected version of the proposed amended indictment.

 

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

Done this twenty-first day of May 1998
At The Hague
The Netherlands

(signed)
_________________________
Claude Jorda
Presiding Judge, Trial Chamber I

(Seal of the Tribunal)