30 May 2013 - ICTY

49241
Pre-trial Chamber, the Simatović Defence filed a Pre-trial Brief on 13 July 2007, 5140 and the
Stanišić Defence filed a consolidated Pre-trial Brief on 16 July 2007. 5141
2427. Preliminary motions. On 14 November 2003, the Pre-trial Chamber issued a decision
on the Stanišić Defence and Simatović Defence preliminary motions on the form of the
indictment, granting the motions in part and directing the Prosecution to file an amended
indictment. 5142 On 12 April 2006, following Defence motions alleging defects in the second
amended indictment, the Pre-trial Chamber ordered the Prosecution to file a revised
indictment by 15 May 2006. 5143 A Simatović Defence motion challenging the resulting
revised indictment was denied by the Pre-trial Chamber on 9 June 2006. 5144
2428. On 29 March 2010, the Trial Chamber denied the Stanišić Defence motion of 3
November 2009, which alleged defects in the form of the indictment. 5145 On 25 March 2011,
the Trial Chamber granted a motion which, inter alia, dealt with a submission by the
Prosecution on the number and identity of victims of crimes alleged in the indictment. 5146 On
15 August 2012, the Trial Chamber denied, in respect of alleged defects in the form of
indictment, another motion by the Stanišić Defence on the basis that the arguments regarding
the form of the indictment had already been fully litigated. 5147 In this decision, the Trial
Chamber recalled that it had previously noted that the Defence had failed to file a preliminary
and Supplementary Annex E to Prosecution Consolidated Pre-trial Brief, 15 May 2007. The Chamber notes that
on 17 July 2007, the Pre-trial Chamber denied both Defence Counsels’ motion to reject the Prosecution’s final
Pre-trial Brief, Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Defence Motion to
Reject Prosecution’s Final Pre-Trial Brief of 2 April 2007, 17 July 2007.
5140 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, [Simatović] Defence Pre-trial Brief, 13 July
2007; Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Several Applications to Modify
Terms of the Work Plan and Order Following a Rule 65ter Conference, 1 June 2007, p. 6.
5141 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, [Stanišić] Defence Consolidated Pre-trial Brief,
16 July 2007.
5142 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Defence Preliminary Motions, 14
November 2003, p. 6; See further Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on
Submission of Amended Indictment; Defence Preliminary Motion (Jovica Stanišić); and Motion on Defect in the
Amended Indictment (Franko Simatović), 29 January 2004, p. 3.
5143 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Defence Motions Regarding
Defects in the Form of the Second Amended Indictment, 12 April 2006, p. 10.
5144 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Defence Request to File
Preliminary Motion on Revised Second Amended Indictment, 9 June 2006, p. 3.
5145 Decision on Stanišić Defence Motion on the Form of the Indictment, 29 March 2010, para. 11.
5146 Decision on the Prosecution Submission on Additional Victims and on Motion to Add Some Source
Documents to the Rule 65 ter Exhibit List and to Admit the Report of Dr. Ewa Tabeau with the Source
Documents, 25 March 2011.
5147 Decision on Defence Motion for Exclusion of Specified Exhibits and Admission of Various Other
Documents, 15 August 2012, para. 11.
Case No. IT-03-69-T 877
30 May 2013