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:
29 July 1998 

THE PROSECUTOR

v.

MILAN SIMIC, MIROSLAV TADIC, SIMO ZARIC, SLOBODAN MILJKOVIC, BLAGOJE SIMIC
& STEVAN TODOROVIC


DECISION ON THE PROSECUTOR'S REQUEST
FOR LEAVE TO AMEND THE INDICTMENT


The Office of the Prosecutor:

Ms. Nancy Paterson

Defence Counsel:

Mr. D. Vukovic
Mr. I. Pantelic
Mr. B. Pisarevic

 

TRIAL CHAMBER I (hereinafter "the 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,

NOTING the indictment against Milan Simic, Miroslav Tadic, Simo Zaric, Slobodan Miljkovic, Blagoje Simic, and Stevan Todorovic confirmed by Judge Vohra on 21 July 1995,

NOTING request of the Prosecutor, filed on 15 June 1998, for leave to amend the indictment (hereinafter "the Request"), and the inventory of the documents in support of the Request submitted that same day (hereinafter "the inventory"),

PURSUANT to Sub-rule 50(A)(ii) of the Rules of Procedure and Evidence (hereinafter "the Rules"),

CONSIDERING that the present Request from the Prosecutor was submitted long after the confirmation of the indictment and before the commencement of the presentation of evidence within the meaning of Rule 85 of the Rules,

CONSIDERING that the Trial Chamber therefore does not have jurisdiction to grant leave to amend the said indictment nor a fortiori to review it,

FOR THE FOREGOING REASONS,

INSTRUCTS the Prosecutor to refer the application to amend the indictment, indicated in the present Request, back to the Judge who confirmed it or to any other Judge designated by the President.

 

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

Done this twenty-ninth day of July 1998.
At The Hague
The Netherlands.

(Signed)
_____________________________
Claude Jorda
Presiding Judge of the Trial Chamber