Case No. IT-97-25/1-PT
IN TRIAL CHAMBER II
Before:
Judge Jean-Claude Antonetti
Registrar:
Mr. Hans Holthuis
Order :
17 May 2005
PROSECUTOR
v.
MITAR RASEVIC
SAVO TODOVIC
________________________________________
ORDER ON THE PARTLY CONFIDENTIAL PROSECUTION’S MOTION FOR LEAVE TO AMEND THE ORIGINAL INDICTMENT
________________________________________
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 the partly confidential "Prosecution’s Motion for Leave to Amend the Original Indictment with Attached Annexes A and B and Confidential Annexes C and D" ("Prosecution’s Motion") filed by the Office of the Prosecutor ("Prosecution") on 20 April 2005, in which the Prosecution seeks leave to amend the original indictment against the Accused Savo Todovic ("Todovic") pursuant to Rule 50 of the Tribunal’s Rules of Procedure and Evidence ("Rules"),
NOTING the "Savo Todovic’s Defense Response to Prosecution’s Partly Confidential Motion for Leave to Amend the Original Indictment of 25 April 2005" ("Defense Response") filed by the Defense of Todovic ("Defense") on 6 May 2005, in which the Defense does not object to the Prosecution’s Motion,
NOTING the order issued on 23 March 2005, whereby the Trial Chamber ordered inter alia the Prosecution to file a motion for leave to amend the indictment wherein the Prosecution shall reconcile the indictment against Todovic and the amended indictment against the Accused Mitar Rasevic ("Rasevic"),
NOTING the indictment against the Accused Milorad Krnojelac ("Krnojelac"), Rasevic and Todovic filed by the Prosecution on 6 June 1997-1- 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 the Prosecution submits in its Motion that it has refrained from filing an amended indictment including both Accused and has filed a proposed amended indictment exclusively against Todovic under Annex A to the Prosecution’s Motion ("Proposed Amended Indictment") because the amendments to the Rasevic’s indictment have already been granted by the Trial Chamber pursuant to Rule 72 of the Rules-2-,
CONSIDERING that Todovic and Rasevic were initially jointly indicted along with Krnojelac for the same crimes in relation to events which took place in Bosnia and Herzegovina at the Kazneno Popravni (KP) Dom detention centre at Foca from April 1992 until October 1994, and that the Proposed Amended Indictment against Todovic mirrors the amended indictment against Rasevic, it is the view of the Trial Chamber that, at this stage of the preliminary proceedings, charges against Todovic and Rasevic must be addressed in a joint indictment,
CONSIDERING, furthermore, that the necessity to reconcile both indictments is consistent with the interests of justice and ensure that the trial proceed expeditiously according to Rule 65ter of the Rules,
FOR THE FOREGOING REASONS
PURSUANT TO Rules 50, 54, 72 and 127 of the Rules,
HEREBY DENY the Prosecution’s Motion, and
ORDER AS FOLLOWS
The Prosecution shall file a new motion for leave to amend the indictment in which the Prosecution shall join the indictment against Todovic and the amended indictment against Rasevic, by 27 May 2005,
The Defense shall file its preliminary motion under Rule 72 of the Rules in a consolidated manner, which shall include issues already raised in its Defense preliminary motion filed on 10 march 2005, by 27 June 2005,
Done in English and French, the English version being authoritative.
Done this 17th day of May 2005,
At The Hague,
The Netherlands
_______________________
Judge Jean-Claude Antonetti
[Seal of the Tribunal]