30 May 2013 - ICTY

49240
motion alleging any defects in the form of the Third Amended Indictment which was filed on
10 July 2008. 5148
2429. Pre-trial Conference and Commencement of Trial. The Pre-trial Conference in this
case was initially set for 27 February 2008. 5149 This was rescheduled first to 10 March 2008,
then to 17 March and 1 April 2008 respectively. 5150 On 9 April 2008, the Pre-trial Chamber,
having considered the medical situation of Stanišić, decided to establish a video-conference
link at the UNDU to enable him to follow the trial proceedings from there on days when he
was too ill to attend Court. 5151 The Pre-trial Chamber rescheduled the Pre-trial Conference
and the Prosecution’s opening statement to 14 April 2008 and then further postponed the
proceedings until 28 April 2008, the video-conference link not yet being in place. 5152 Whilst
the trial commenced on 28 April 2008, on 16 May 2008 the Appeals Chamber ordered the
adjournment of the trial for a minimum of three months. 5153
2430. The case was reverted back to the pre-trial phase and the adjournment lasted until
Spring 2009. On 24 April 2009, reassessing Stanišić’s state of health, the Pre-trial Chamber
revoked the provisional release for the Accused, which had been granted on 26 May 2008. 5154
On the same day the Pre-trial Chamber ordered the Pre-trial Conference to be held on 18 May
2009 and that the trial should re-commence on 25 May 2009. 5155 The Pre-trial Chamber also
held that witnesses heard or exhibits admitted at the initial commencement of trial
proceedings shall not be considered as evidence without presentation anew following the recommencement
of trial. 5156 On 12 May 2009, the Pre-trial Chamber rescheduled the Pre-trial
5148 Decision on Defence Motion for Exclusion of Specified Exhibits and Admission of Various Other
Documents, 15 August 2012, para. 11. See Decision on the Form of the Indictment, 29 March 2010.
5149 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order and Termination of
Provisional Release, 6 February 2008, p. 3.
5150 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order, 11 February 2008, p. 2;
Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order, 7 March 2008, p. 2; Prosecutor
v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order, 19 March 2008, p. 2.
5151 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Future Course of Proceedings, 9
April 2008, para. 17(1).
5152 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Future Course of the Proceedings,
9 April 2008, para. 17(3); T. 869, 880.
5153 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-AR73.2, Decision on Defence Appeal of the
Decision on Future Course of Proceedings, 16 May 2008, para. 22.
5154 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Provisional Release, 26 May
2008; Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Prosecution Motion for
Revocation of Jovica Stanišić’s Provisional Release and Re-assessment of his Health and Revocation of Franko
Simatović’s Provisional Release, 24 April 2009.
5155 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order for Recommencement of
Trial, 24 April 2009.
5156 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order for Recommencement of
Trial, 24 April 2009.
Case No. IT-03-69-T 878
30 May 2013