IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order of:
21 November 2005
PROSECUTOR
v.
MILAN MILUTINOVIC
NIKOLA SAINOVIC
DRAGOLJUB OJDANIC
NEBOJSA PAVKOVIC,
VLADIMIR LAZAREVIC,
VLASTIMIR DORDEVIC
SRETEN LUKIC
________________________________________
ORDER ARISING FROM PROSECUTION’S SUBMISSION REGARDING THE ORDER OF PRE-TRIAL JUDGE FROM STATUS CONFERENCE
________________________________________
The Office of the Prosecutor
Mr. Thomas Hannis
Ms. Christina Moeller
Mr. Chester Stamp
Ms. Carolyn Edgerton
Counsel for the Accused
Mr. Eugene O’Sullivan and Mr. Slobodan Zecevic
for Milan Milutinovic
Mr. Tomislav Visnjic and Mr. Peter Robinson for Dragoljub Ojdanic
Mr. Toma Fila and Mr. Vladimir Petrovic for Nikola Sainovic
Mr. John Ackerman and Mr. Aleksander Aleksic for Mr. Nebojsa Pavkovic
Mr. Mihajlo Bakrac for Mr. Vladimir Lazarevic
Mr. Theodore Scudder for Mr. Sreten Lukic
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 ("the International Tribunal"),
NOTING the Order issued by the pre-trial Judge arising from the Status Conference held on 25 August 2005 ("Order from Status Conference"),1 which ordered both the Prosecution and Defence to undertake various tasks for pre-trial preparation of the case,
NOTING the "Prosecution’s Submission Regarding the Order of Pre-Trial Judge Arising from Status Conference," filed 30 September 2005 ("Prosecution’s Submission"), in which the Prosecution informs the Trial Chamber of its responses to individual orders contained in the Order from Status Conference,
NOTING, in particular, the following from the Prosecution’s Submission in response to the Order from Status Conference:
NOTING that no responses to the Prosecution’s Submission have been received from the Defence for any of the Accused,
NOTING that counsel for Pavkovic and Lukic have expressed concern regarding certain difficulties in obtaining access to materials presented during closed sessions of Prosecutor v. Milosevic, IT-02-54-T,2
NOTING that counsel for Pavkovic, Lazarevic and Lukic reiterated this concern at a Rule 65 ter Conference on 8 November 2005, and previously stated3 that they desire the same access to material from Prosecutor v. Milosevic that was granted to Ojdanic and Sainovic by the Milosevic Trial Chamber’s Decision on Defence Motions for Access to Transcripts and Documents and for Disclosure of Ex Parte Filing, dated 14 June 2002,
NOTING that Milutinovic subsequently obtained access to the same material without the issuance of an Order applicable to him,
NOTING that the Prosecution is willing to provide access to such material to all of the Accused in this case and has expressed its desire for an order directing as much,
NOTING Rule 65 ter(B) of the Rules of Procedure and Evidence ("Rules"), according to which the pre-trial Judge shall, under the authority and supervision of the Trial Chamber seized of the case, coordinate communication between the parties during the pre-trial phase, ensure that proceedings are not unduly delayed and take any measure necessary to prepare the case for a fair and expeditious trial,
CONSIDERING that it may assist the parties if the Trial Chamber clarifies the position in relation to the previous orders and decisions made in IT-99-37-PT and IT-03-70-PT, prior to the Joinder Decision of 8 July 2005, and also in relation to the pending Prosecution’s Fifth Motion on Protective Measures,
PURSUANT TO Rules 54 and 65 ter of the Rules,
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
______________
Judge Patrick Robinson
Presiding
Dated this twenty-first day of November 2005
At The Hague
The Netherlands
[Seal of the Tribunal]
Annex
Date |
Title |
30 June 2005 |
Order on pseudonym change for protected witness |
10 February 2005 |
Order to Prosecution on modification of reporting regime on situation of witness |
09 December 2004 |
Order on Prosecution’s fourth motion for variance of prior orders of non-disclosure |
23 September 2004 |
Order on Prosecution’s third motion for variance of prior orders on non-disclosure |
21 September 2004 |
Decision on motions of the defence in Prosecutor v Milutinovic, Ojdanic and Sainovic for access to certain confidential filings |
30 August 2004 |
Order designating pre-trial judge |
27 July 2004 |
Decision on Prosecution’s motion for protective measures |
27 July 2004 |
Decision on motions of the defence Prosecutor v Milutinovic, Ojdanic and Sainovic for access to certain confidential filings |
04 February 2004 |
Order on Prosecution’s second motion for variance of prior orders on non-disclosure |
04 February 2004 |
Order on Prosecution’s motion for variance of prior orders on non-disclosure |
14 November 2003 |
Decision on Prosecution motion for reconsideration and modification of Trial Chamber’s decision on protective measures |
29 August 2003 |
Order granting Prosecution request for further partial stay and suspension of time limit for application for certification for appeal and motion for modification |
18 July 2003 |
Decision on Prosecution’s motion for protective measures |
10 February 2003 |
Decision on defence motion to require disclosure of Rule 68 material obtained pursuant to Rule 70 |
20 June 2002 |
Corrigendum to decision on ex-parte and confidential Prosecution’s motion for witness protection measures |
14 June 2002 |
Decision on defence motions for access to transcripts |
07 June 2002 |
Decision on Ex Parte and confidential Prosecution’s motion for witness protection measures |
07 June 2002 |
Decision on Prosecution’s motion for order of non-disclosure to public of supporting materials disclosed pursuant to rule 66 (A)(i)5 |
07 June 2002 |
Decision on Prosecution’s motion for order of non-disclosure to public of supporting materials disclosed pursuant to rule 66 (A)(i)6 |
Date |
Title |
30 June 2005 |
Order on General Ojdanic’s urgent motion for modification of conditions of provisional release |
14 April 2005 |
Decision on second application for provisional release |
14 April 2005 |
Decision on General Ojdanic’s fourth application for provisional release |
14 April 2005 |
Decision on Third defence request for provisional release |
Date |
Title |
29 June 2005 |
Decision on Prosecution’s motion for reconsideration and corrigendum to ‘Decision on Prosecution’s motion for protective measures and request for joint decision on protective measures’ of 19 May 2005 |
29 June 2005 |
Order changing status of decision on Prosecution’s motion for protective measures and request for joint decision on protective measures |
29 June 2005 |
Decision on Prosecution’s motion for order of non-disclosure to public of materials disclosed pursuant to Rule 66(A) and Rule 68 |
19 May 2005 |
Decision on Prosecution’s motion for protective measures and request for joint decision on protective measures |
27 April 2005 |
Decision on Prosecution’s request for order of non-disclosure to public of materials disclosed pursuant to Rule 66(A) and Rule 68 |
15 March 2005 |
Decision on Prosecution’s motion for order of non-disclosure to public of materials disclosed pursuant to Rule 66(A) and Rule 68 |
07 March 2005 |
Order designating Pre-Trial Judge |
24 February 2005 |
Order re-assigning a case before a Trial Chamber |
Date |
Title |
14 April 2005 |
Decision on defence request for provisional release |
Date |
Title |
30 June 2005 |
Order on pseudonym change for protected witness |
29 June 2005 |
Decision on Prosecution’s motion for reconsideration |
19 May 2005 |
Decision on Prosecution’s motion for protective measures and request for joint decision on protective measures |
10 February 2005 |
Order to Prosecution on modification of reporting regime on situation of witness |
09 December 2004 |
Order on Prosecution’s fourth motion for variance of prior orders of non-disclosure |
23 September 2004 |
Order on Prosecution’s third motion for variance of prior orders on non-disclosure |
27 July 2004 |
Decision on Prosecution’s motion for protective measures |
04 February 2004 |
Order on Prosecution’s second motion for variance of prior orders on non-disclosure |
04 February 2004 |
Order on Prosecution’s motion for variance of prior orders on non-disclosure |
14 November 2003 |
Decision on Prosecution motion for reconsideration and modification of Trial Chamber’s decision on protective measures |
29 August 2003 |
Order granting Prosecution request for further partial stay and suspension of time limit for application for certification for appeal and motion for modification |
18 July 2003 |
Decision on Prosecution’s motion for protective measures |
10 February 2003 |
Decision on defence motion to require disclosure of Rule 68 material obtained pursuant to Rule 70 |
20 June 2002 |
Corrigendum to decision on ex-parte and confidential Prosecution’s motion for witness protection measures |
07 June 2002 |
Decision on Ex Parte and confidential Prosecution’s motion for witness protection measures |
07 June 2002 |
Decision on Prosecution’s motion for order of non-disclosure to public of supporting materials disclosed pursuant to rule 66 (A)(i) |
Date |
Title |
29 June 2005 |
Decision on Prosecution’s motion for reconsideration and corrigendum to ‘Decision on Prosecution’s motion for protective measures and request for joint decision on protective measures’ of 19 May 2005 |
29 June 2005 |
Order changing status of decision on Prosecution’s motion for protective measures and request for joint decision on protective measures |
19 May 2005 |
Decision on Prosecution’s motion for protective measures and request for joint decision on protective measures |
1. "Order of Pre-Trial Judge Arising from Status
Conference," 1
September 2005.
2. See Motion to Delay Start of
Trial or in the Alternative to Reconsider and Grant
Previous Motion for Severance, 7 November 2005, paras.
5-19; Sreten Lukic’s Reponse in Support of Pavkovic’s
Motion to Delay Start of Trial or in the Alternative
to Reconsider and Grant Previous Motion for Severance,
8 November 2005.
3.
See Transcript, Rule 65 ter Conference,
23 August 2005, at pp. 11-13.
4.
These orders are also
to be found in Sections I and III of the Annex to
this order.
5.
Related to Ojdanic.
6.
Related to Sainovic.