Case No. IT-97-25/1-PT
BEFORE THE PRE-TRIAL JUDGE
Before:
Judge Jean-Claude Antonetti
Registrar:
Mr Hans Holthuis
Decision of:
4 November 2004
THE PROSECUTOR
v.
MITAR RASEVIC
__________________________________________
ORDER APPOINTING TRIAL CHAMBER II FOR THE PURPOSE OF REFERRING A CASE
__________________________________________
The Office of the Prosecutor:
Defence Counsel:
Mr Vladimir Domazet
I, Jean-Claude Antonetti, Judge 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"),
NOTING my appointment as pre-trial Judge in this case pursuant to an order of 7 October 2003 by Trial Chamber II,
PURSUANT to Rules 11 bis, 62, 65 ter and 69 of the Rules of Procedure and Evidence of the Tribunal ("Rules"),
CONSIDERING that pursuant to Rule 11 bis(B) of the Rules, the Trial Chamber may order the referral of an indictment to another court proprio motu or at the request of the Prosecutor,
CONSIDERING that pursuant to Rule 11 bis(C) of the Rules, in determining whether to refer a case to the authorities of the State, the Trial Chamber shall, in accordance with Security Council resolution 1534 (2004), consider the gravity of the crimes charged and the level of responsibility of the accused,
CONSIDERING that the acts charged against the Accused are likely to come within the scope of Rule 11 bis(C) of the Rules,
CONSIDERING that Rule 11 bis(A) of the Rules provides that the President may appoint a Trial Chamber for the purpose of referring a case to the authorities of a State,
CONSIDERING that Rules 11 bis(A) of the Rules raises the possibility of appointing a Trial Chamber and not an obligation to do so; that in fact, according to the Robert and Collins dictionary, the English term "may" indicates possibility,
CONSIDERING that since Trial Chamber II has already been seised, the possibility set out in Rule 11 bis(A) of the Rules is redundant,
CONSIDERING that it is for Trial Chamber II which is currently seised of the case to raise the issue before the bench at a subsequent hearing by allowing the Prosecutor and the Accused to be heard and after ensuring that the Accused will receive a fair trial,
CONSIDERING that pursuant to Rule 65 ter(B), the pre-trial Judge shall, under the authority and supervision of the Trial Chamber seised of the case, ensure that the proceedings are not unduly delayed and shall take any measure necessary to prepare the case for a fair and expeditious trial,
CONSIDERING that the Accused has been in pre-trial detention since 4 September 2003,
CONSIDERING therefore that Trial Chamber II should be appointed for the purpose of considering the possibility of referring the case and the decisions to be taken to protect specific witnesses and victims in the event of referral,
FOR THE FOREGOING REASONS,
HEREBY ORDER
That Trial Chamber II be seised so that it may adjudicate on the referral of this case proprio motu pursuant to rule 11 bis of the Rules and on the measures to be taken to protect the witnesses and victims.
Done in French and English, the French version being authoritative.
_______________________
Jean-Claude Antonetti
Done this fourth day of November 2004
At The Hague
The Netherlands