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IN THE TRIAL CHAMBER
Before:
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simoes Rodrigues
Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar
Order of:
8 October 1998
THE PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
_________________________________
DECISION ON THE APPLICATION FOR
THE DISQUALIFICATION OF JUDGES JORDA AND RIAD
__________________________________
The Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott
Defence Counsel:
Mr. Mitko Naumovski
Mr. David F. Geneson
Mr. Turner T. Smith, Jr.
Mr. Bozidar Kovacic
TRIAL CHAMBER I (hereinafter "the Trial Chamber") of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 (hereinafter "the Tribunal");
NOTING the Decision of the Bureau of the Tribunal dated 4 May 1998,
NOTING the Decision of the Trial Chamber dated 21 May 1998 (hereinafter "the Decision"),
NOTING the Application for the disqualification of Judges Jorda and Riad, filed on 21 May 1998 (hereinafter "the Application"),
NOTING the Response of the Prosecutor filed on 16 June 1998,
NOTING the status conference of 2 September 1998,
PURSUANT to Articles 20 and 21(4) of the Statute of the Tribunal,
PURSUANT to Rules 15 and 65 of the Rules of Procedure and Evidence (hereinafter "the Rules"),
CONSIDERING that, in its Application, the Defence renews its request for the disqualification of Judges Jorda and Riad on the grounds that the commencement of the trial of the accused Kordic and Cerkez will be unduly delayed by the present commitments of the Judges in the case The Prosecutor v. Tihomir Blaskic (Case no. IT-95-14-T); that in a decision rendered the same day, the Trial Chamber rejected the preceding application seeking the same end,
CONSIDERING that the new application fails to recognise the Decision rendered by the Bureau of the Tribunal on 4 May 1998 stating that the provisions of Sub-rule 15(A) do not preclude Judges Jorda and Riad from sitting in the case The Prosecutor v. Dario Kordic and Mario Cerkez (Case no. IT-95-14/2-PT), and does not present any new arguments which might change the position of the Trial Chamber,
CONSIDERING that, should its application for disqualification be rejected, the Defence requests, moreover, that the accused be granted provisional release on the grounds that the duration of the proceedings for which the Tribunal is responsible must be considered an exceptional circumstance,
CONSIDERING that the argument alleging a two-year detention period before the opening of the trial is, to date, totally unfounded and that, furthermore, the time already spent in pre-trial detention cannot be considered an exceptional circumstance within the meaning of Rule 65,
FOR THE FOREGOING REASONS
RULING inter partes and unanimously,
REJECTS the Application of the accused for the disqualification of Judges Jorda and Riad as well as their provisional release.
Done in French and in English, the French version being authoritative.
Done this eighth day of October 1998
At The Hague
The Netherlands
(Signed)
_________________________________
Claude Jorda
Presiding Judge Trial Chamber I
(Seal of the Tribunal)
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