Or: ENG

 TRIAL CHAMBER II

Before:               
Judge Asoka De Silva, Presiding
Judge Flavia Lattanzi
Judge Florence Rita Arrey

Registrar: Mr. Adama Dieng

Date: 1 February 2005

The PROSECUTOR
v.
Tharcisse MUVUNYI

Case No. ICTR-2000-55A-PT

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SCHEDULING ORDER
Rules 47(F) (i) and 54 of the Rules of Procedure and Evidence

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Office of the Prosecutor:	Defence Counsel:
Mr Charles Adeogun-Phillips Ms Sola Adeboyejo Ms Renifa Madenga Mr Dennis Mabura	Mr William Taylor Ms Cynthia Cline

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (the “Tribunal”),

SITTING as Trial Chamber II, composed of Judge Asoka De Silva, Presiding, Judge Flavia Lattanzi and Judge Florence Rita Arrey (the “Chamber”);

BEING SEIZED of the “Prosecutor’s Request for Leave to Amend an Indictment Pursuant to Rules 73 and 50 of the Rules of Procedure and Evidence” filed on 17 January 2005 (“Request”);

HAVING RECEIVED AND CONSIDERED “Accused Tharcisse Muvunyi’s Response to the Prosecutor’s Request for Leave to Amend an Indictment Pursuant to Rules 73 and 50 of the Rules of Procedure and Evidence” filed on 26 January 2005;

CONSIDERING the Rules of Procedure and Evidence (“Rules”) in particular Rule 50(A)(ii) and Rule 47(F) of the Rules;

CONSIDERING that certain clarifications regarding a number of ambiguities in the Prosecutor’s submission will assist the Chamber in its assessment of the Prosecutor’s Request;

I. DIRECTS the Prosecutor to file by Friday, 4 February 2005, a written response to the following questions:

(i) Is the Accused charged with

Genocide
or
Complicity in Genocide and Direct and Public Incitement to Commit Genocide?

Or is he charged with

Genocide or Complicity in Genocide
and
Direct and Public Incitement to Commit Genocide?

(ii) Which types of responsibility under Article 6(1) of the Statute does the Prosecutor intend to rely upon?

(iii) Which factual allegations refer specifically to which type of responsibility under Article 6(1) of the Statute?

(iv) Does the Prosecutor wish to rely solely on responsibility under Article 6(1) of the Statute with respect to the allegations contained in paragraphs 10 to 14 and 26 to 30 of the Proposed Amended Indictment?

(v) Does the Prosecutor wish to rely solely on responsibility under Article 6(3) of the Statute with respect to the allegations contained in paragraphs 15 to 25 of the Proposed Amended Indictment?

(vi) Has the Prosecutor previously disclosed the allegations contained in paragraphs 15, 16, 17, 18, 19, 26, 28 and 29 of the Proposed Amended Indictment to the Defence? If so: By what means and on which date?

II. DIRECTS the Defence to submit any response to the Prosecutor’s filing within three days after the Prosecutor’s submissions have been served on it.

Arusha, 1 February 2005, done in English.

Asoka De Silva	Flavia Lattanzi	Florence Rita Arrey
Presiding Judge	Judge	Judge

[Seal of the Tribunal]