Case No. IT-02-57-PT
IT-02-58-PT
IT-02-63-PT
IT-02-64-PT
IT-04-80-PT
IT-05-86-PT

IN TRIAL CHAMBER III

Before:
Judge Patrick Robinson, Presiding
Judge Carmel Agius
Judge Liu Daqun

Registrar:
Mr. Hans Holthuis

Order of:
2 September 2005

THE PROSECUTOR V. VUJADIN POPOVIC
THE PROSECUTOR v. LJUBISA BEARA
THE PROSECUTOR v. DRAGO NIKOLIC
THE PROSECUTOR v. LJUBOMIR BOROVCANIN
THE PROSECUTOR v. ZDRAVKO TOLIMIR, RADIVOJE MILETIC & MILAN GVERO
THE PROSECUTOR v. VINKO PANDUREVIC & MILORAD TRBIC
______________________________________________

ORDER
______________________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Zoran Zivanovic for Vujadin Popovic
John Ostojic for Ljubisa Beara
Jelena Nikolic for Drago Nikolic
Alan Newman and Miodrag Stojanovic for Ljubomir Borovcanin
Natacha Fauveau Ivanovic for Radivoje Miletic
Dragan Krgovic for Milan Gvero
Djordje Sarapa for Vinko Pandurevic
Colleen Rohan for Milorad Trbic

 

TRIAL CHAMBER III (“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 (“Tribunal”),

BEING SEIZED of a Motion for Joinder of Accused filed by the Office of the Prosecutor (“Prosecution”) on 10 June 2005 seeking to join the accused in six cases1 (“Motion”),2

NOTING that six of the accused3 have responded to the Motion,4

NOTING that the Prosecution filed a Reply to Defence Response to Prosecution Motion for Joinder of Accused,5

PURSUANT TO Rule 54 and Rule 126 bis of the Rules of Procedure and Evidence of the Tribunal, the Trial Chamber hereby:

ORDERS, proprio motu, the Prosecution to address the Chamber, on or before 5 September 2005, on the following two issues in relation to the Motion:

(i) the number of witnesses it expects to call (a) if each of the six cases is tried separately and (b) if a joint trial is ordered;
(ii) the expected length of trial (a) if each of the six cases is tried separately and (b) if a joint trial is ordered, and

ORDERS counsel for the accused to file a response, if any, to the Prosecution’s submission within seven days from 5 September 2005;

 

Done in English and French, the English version being authoritative.
________________________
Judge Patrick Robinson
Presiding

Dated this 2nd day of September 2005
At The Hague
The Netherlands

[Seal of the Tribunal]

1. The cases are (1) Prosecutor v. Popovic, IT-02-57-PT, (2) Prosecutor v. Beara, IT-02-58-PT, (3) Prosecutor v. Nikolic, IT-02-63-PT, (4) Prosecutor v. Borovcanin, IT-02-64-PT (5) Prosecutor v. Tolimir et al., IT-04-80-PT, and (6) Prosecutor v. Pandurevic and Trbic, IT-05-86-PT.
2. On 29 June 2005, the President of the Tribunal issued an order in the six cases appointing Judges Robinson, Agius and Liu to constitute a chamber “for the purpose of determining the Joinder Motion.” See Order Referring the Joinder Motion, 29 June 2005; Corrigendum to Order Referring the Joinder Motion, 4 July 2005.
3. The accused are Drago Nikolic, Ljubomir Borovčanin, Vinko Pandurevic, Milorad Trbic, Zdravko Tolimir, Radivoje Miletic, Milan Gvero, Ljubisa Beara, Vujadin Popovic.
4. See Milorad Trbic’s Response to Prosecution Motion for Joinder of the Accused, 27 July 2005; Response by General Miletic to the Prosecution’s Motion for Joinder of Accused, 5 July 2005; General Gvero’s Response to Prosecution Motion for Joinder of Accused, 5 July 2005; Response on behalf of Drago Nikolic to Prosecution Motion for Joinder of Accused, 1 July 2005; Response of Vujadin Popovic to Prosecution’s Motion for Joinder of Accused, 22 June 2005; Accused Vinko Pandurevic’s Defence’s Response to Prosecution’s Motion for Joinder of Accused, 17 June 2005; See also Application for Leave to File an Addendum to the Response by General Miletic dated 5 July 2005, 28 July 2005.
5. Prosecution Consolidated Reply to Defence Response to Prosecution Motion for Joinder of Accused, Case No. IT-04-80-PT, 12 July 2005.