Case No. IT-01-42-PT

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie
Judge Amin El Mahdi
Judge Joaquín Martín Canivell

Registrar:
Mr. Hans Holthuis

Order of:
17^th September 2003

PROSECUTOR

v.

PAVLE STRUGAR

______________________________

ORDER FOR SEPARATION

______________________________

The Office of the Prosecutor:

Mr. Susan Somers

Counsel for the Accused:

Ms. Zarko Nikolic
Mr. Eugene O’Sullivan

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 Tribunal");

NOTING the finding of guilt entered against Miodrag Jokic by the Trial Chamber on 27^th August 2003, based on his plea of guilty to Counts 1, 2, 3, 4, 5, 6 of the Second Amended Indictment dated 27^th August 2003 ("Indictment"), namely:

Count 1: Murder a violation of the Laws of Customs of War punishable under Articles 3, 7(1) and 7 (3) of the Statute of the Tribunal;

Count 2: Cruel Treatment a violation of the Laws of Customs of War punishable under Articles 3, 7(1) and 7 (3) of the Statute of the Tribunal;

Count 3: Attacks on civilians a violation of the Laws of Customs of War punishable under Articles 3, 7(1) and 7 (3) of the Statute of the Tribunal and Devastation;

Count 4: Devastation not justified by military necessity a violation of the Laws of Customs of War punishable under Articles 3 (b), 7 (1) and 7 (3) of the Statute of the Tribunal;

Count 5: Unlawful attacks on civilian objects and a violation of the Laws of Customs of War punishable under Articles 3, 7 (1) and 7 (3) of the Statute of the Tribunal;

Count 6: Destruction of willful damage done to intuitions dedicated to religion, charity, and education, the arts and sciences, historic monuments and works of art and science a violation of the Laws of Customs of War punishable under Articles 3, 7 (1) and 7 (3) of the Statute of the Tribunal;

NOTING that, pursuant to Rule 100 of the Rules of Procedure and Evidence of the Tribunal (the "Rules"), the Prosecution the Prosecution and Miodrag Jokic may now submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence, and that a date is to be fixed for the sentencing hearing;

NOTING that, Miodrag Jokic is accused jointly under Rule 48 of the Rules with Pavle Strugar;

NOTING that, Rule 82 (B) of the Rules permits the Trial Chamber to order that persons accused jointly under Rule 48 may be tried separately if necessary to protect the interests of justice;

CONSIDERING that, in view of the finding of guilt by the Trial Chamber, it is in the interests of justice to separate the proceedings against Miodrag Jokić from the Co-Accused;

PURSUANT TO Rules 54, 62ter, 82 and 100 of the Rules;

HEREBY ORDERS as follows:

(1) the proceedings against Miodrag Jokic shall be separated from the proceedings against the Co-Accused charged under the Second Amended Indictment;

(2) the date for the sentencing hearing, filing of pre-sentencing briefs and witness statements shall be fixed by further Order;

HEREBY DIRECTS Registrar to issue of a new case number for the separate proceedings against Miodrag Jokic.

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

________________
Judge Alphons Orie
Presiding

Dated this 17^th day of September 2003,
At The Hague
The Netherlands

[Seal of the Tribunal]