Case No. IT-97-25/1-PT

IN TRIAL CHAMBER II

Before:
Judge Jean-Claude Antonetti

Registrar:
Mr. Hans Holthuis

Order :
23 March 2005

PROSECUTOR

v.

MITAR RASEVIC
SAVO TODOVIC

_____________________________________

ORDER

The Office of the Prosecutor:

Ms. Hildegard Uertz-Retzlaff

Counsel for the Accused Mitar Rasevic :

Mr. Vladimir Domazet

Counsel for the Accused Savo Todovic :

Mr. Aleksandar Lazarevic

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")

HAVING BEEN DESIGNATED pre-trial Judge in this matter by virtue of the orders issued by Trial Chamber II ("Trial Chamber") on 7 October 2003 and 7 March 2005,

BEING seized of "Savo Todovic’s Defence Preliminary Motion Pursuant to the Rule 72 (A) (ii) of the Rules of Procedure and Evidence" ("Rules"), filed by Savo Todovic’s Defense ("Defense") on 10 March 2005 ("Defense Preliminary Motion"), in which the Defense alleges defects in the form of the indictment against the Accused Savo Todovic ("Todovic"),

NOTING the "Prosecution’s Request to Hold the Decision on the Defence Preliminary Motion on the Form of the Indictment in Abeyance" ("Prosecution’s Request"), filed by the Office of the Prosecutor ("Prosecution") on 14 March 2005, in which the Prosecution requests that the Trial Chamber postpone its decision on the Defence Preliminary Motion, because the Prosecution intends to file an amended indictment that would also address the issues raised by the Defense in the Defense Preliminary Motion,

NOTING the status conference held on 21 March 2005 during which the Defense did not oppose the Prosecution’s Request¹,

NOTING the indictment against the Accused Milorad Krnojelac, Mitar Rasevic ("Rasevic") and Todovic filed by the Prosecution on 6 June 1997² and confirmed by Judge Vohrah on 17 June 1997,

NOTING further the amended indictment against Rasevic filed by the Prosecution on 12 May 2004,

CONSIDERING that to ensure an expeditious trial, all questions raised by the Defense relating to the form of the indictment must be addressed in the same decision,

CONSIDERING that, in the pursuit of a good administration of justice, it is necessary to reconcile the indictment against Todovic and the amended indictment against Rasevic,

PURSUANT TO Rules 50, 54, 72 and 127 of the Rules,

HEREBY GRANT the Prosecution’s Request to stay the decision on the Defense Preliminary Motion,

The Prosecution shall file a motion for leave to amend the indictment by 29 April 2005, AND

The Prosecutor shall therein reconcile the indictment against Todovic and the amended indictment against Rasevic, AND

The Defense shall respond to such motion by 13 May 2005, AND

If the Defense does not object to the Prosecution’s motion, the Defence shall file its preliminary motion under Rule 72 in a consolidated manner, that is including issues raised in the Defense Preliminary Motion, by 13 June 2005,

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

Done this 23^rd day of March 2005,
At The Hague,
The Netherlands

_______________________
Judge Jean-Claude Antonetti