IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
1 August 2000

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDZIJA

___________________________________________________________

ORDER ON PROSECUTION MOTION FOR JUDICIAL NOTICE
OF ADJUDICATED FACTS

____________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Dirk Ryneveld
Mr. Daryl Mundis

Counsel for the Accused:

Mr. Veselin Londrovic, for Dusko Sikirica
Mr.Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucicevic, for Dragan Kolundzija

 

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 SEISED of the "Prosecution’s Motion for Judicial Notice of Adjudicated Facts" ("the Motion"), filed by the Office of the Prosecutor ("Prosecution") on 4 April 2000, requesting the Trial Chamber to take judicial notice of certain facts said to have been adjudicated by other Chambers of the International Tribunal,

NOTING the "Kolundzija’s Defense Response to Prosecution’s Motion for Judicial Notice of Adjudicated Facts" filed by counsel for the accused, Dragan Kolundzija, on 26 May 2000 and the "Defence Response to Prosecution’s Motion for Judicial Notice of Adjudicated Facts and Admission of Documentary Evidence" filed by counsel for the accused, Damir Dosen, on 26 May 2000, in which the defendants each agree to the admission of certain of these facts and object to the admission of others,

HAVING HEARD the oral arguments of the Prosecution and the defence for the accused Dragan Kolundzija and Damir Dosen at a hearing on 23 June 2000,

NOTING that the third accused, Dusko Sikirica, made his initial appearance on 7 July 2000,

NOTING that counsel for the accused, Dusko Sikirica, has not yet been served with the Motion nor had opportunity to respond to it,

CONSIDERING that it would be in the interests of judicial economy to address all matters relating to adjudicated facts together,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY ORDERS AS FOLLOWS:
  1. the Prosecution shall have until Tuesday 15 August 2000 in which to serve a similar motion for judicial notice of adjudicated facts on counsel for the accused, Dusko Sikirica; and
  2. counsel for the accused, Dusko Sikirica, shall have until Tuesday 5 September 2000 to respond to such motion.

The Trial Chamber remains seised of the Motion.

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

 

____________________________________
Richard May
Presiding

Dated this first day of August 2000
At The Hague
The Netherlands

[Seal of the Tribunal]