The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) on Thursday denied the Prosecution’s request to sever the indictment against Ratko Mladic, so that two separate trials could be held against the former Bosnian Serb army commander - one for Srebrenica and one for crimes committed in other parts of Bosnia and Herzegovina, the ICTY reported.
The Chamber found that granting the Prosecution's motion to conduct two separate trials against Mladic could prejudice the accused, render the trial less manageable and less efficient, and risk unduly burdening witnesses.
"The calling of witnesses in multiple trials is a trial management concern, but is also a concern as to the witnesses themselves," the Trial Chamber found.
Regarding the Prosecution's submission that severance would address unforeseen circumstances should Mladic's health deteriorate, the Chamber found the arguments in this respect to be "speculative and unsubstantiated". The Chamber noted that such claims were not substantiated by medical documentation and stressed that "it could not base its findings on media reports or other such sources".
Granting the Prosecution's request to include in the indictment crimes committed in the eastern Bosnian village of Bisina, the Trial Chamber ordered that a third amended indictment be filed within seven days of the decision. A further appearance will be held at the next Status Conference on Thursday, 10 November 2011, to enable the Accused to enter a plea on the new charge, the ICTY said.
