Today, the Trial Chamber has denied the Prosecution’s motion for the severance of the indictment against Mladic.
The Prosecutor requested severance of the indictment against 70-year-old Mladic referring, inter alia, to “the need to plan for the contingency that Mladic’s health could deteriorate.”
In the Prosecutor’s view, the severance would “best allow the proceedings to be adapted in case of unforeseen contingencies.”
In its decision, the Chamber stressed that, if the argument was that justice would be better served by concluding with a judgment of at least one smaller trial, the Prosecution should have argued this clearly and directly in its submission.
In particular, according to the Chamber, if the basis underlying the Prosecution’s motion was the health of the accused, it should have made a detailed submission in this respect, supported by medical documentation.
The Chamber stressed that it cannot base its findings on media reports or other such sources.
Accordingly, the Chamber has considered that there is no reason to sever the indictment.
It also considered that severance could prejudice the accused, could render the trials less manageable and less efficient, and risk unduly burdening witnesses.
See also:
- ECCC Co-Prosecutors seek reconsideration of the Severance Order
- Prosecution moves for splitting Mladic trial. Milosevic lesson learned?