Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
20 January 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

______________________________________________________

DECISION ON PROSECUTION MOTION FOR SPECIFIC ORDERS RELATING TO TRIAL IN ABSENTIA

______________________________________________________

Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused

Mr. Slobodan Milosevic

Assigned Counsel

Mr. Steven Kay
Ms. Gillian Higgins

Amicus Curiae

Prof. Timothy McCormack

 

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 ("Tribunal"),

BEING SEIZED OF a "Prosecution’s Motion for Specific Orders Relating to Trial in Absentia", filed on 16 January 2006 ("Motion"), in which it seeks orders from the Trial Chamber relating to the conduct of the Defence case in the event that the Accused is absent from the trial on the grounds of ill health, and of the "Book of Authorities for the Prosecution’s Motion for Specific Orders Relating to Trial in Absentia", filed on 17 January 2006 ("Book of Authorities"),

NOTING that the Motion itself is prolix and in parts repetitive, and is more than three times the permitted length,1

CONSIDERING that the Motion seeks relief in respect of events which have not taken place and is, therefore, hypothetical and premature, and relates to issues of which the Trial Chamber is well aware and well placed to deal with if they arise,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal,

HEREBY DISMISSES THE MOTION.

 

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

__________________________
Judge Robinson
Presiding

Dated this twentieth day of January 2006
At The Hague
The Netherlands

[Seal of the Tribunal]


1. ‘Practice Direction on the Length of Briefs and Motions’, IT/184 Rev. 2, 16 September 2005, para. 5.