IN THE TRIAL CHAMBER

Before:
Judge Claude Jorda, Presiding
Judge Mohamed Shahabuddeen
Judge Almiro Simões Rodrigues

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
19 April 2000

THE PROSECUTOR

v.

TIHOMIR BLASKIC


DECISION ON THE REQUEST FOR TESTIMONY
GIVEN IN THE BLASKIC CASE TO BE
DISCLOSED IN THE KORDIC-CERKEZ CASE


The Office of the Prosecutor: Defence Counsel:

Mr. Mark Harmon Mr. Anto Nobilo
Mr. Andrew Cayley Mr. Russell Hayman

 

TRIAL CHAMBER I of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (hereinafter "the Tribunal");

PURSUANT to Rules 54 and 75 of the Rules of Procedure and Evidence (hereinafter "the Rules");

NOTING the Request of Trial Chamber III (hereinafter "Trial Chamber III") of 3 April 2000 for testimony given by two witnesses in the case The Prosecutor v. Tihomir Blaskic to be disclosed to the parties in the case The Prosecutor v. Dario Kordic and Mario Cerkez;

NOTING the Decision of 22 April 1999 on the Prosecution and Defence Motions dated 25 January 1999 and 25 March 1999 respectively in the case The Prosecutor v. Tihomir Blaskic;

NOTING the Decision of 20 October 1999 on the Request for testimony given in the Blaskic case to be disclosed in the Kordic-Cerkez case (hereinafter "the Decision");

CONSIDERING that the Request relates to the testimony of two witnesses for whom the Blaskic Trial Chamber ordered that protective measures be taken and, in particular, ordered that their statements be given in closed session and the transcripts not be made public;

CONSIDERING that, as affirmed by the Trial Chamber in its Decision, "the fact that the hearing transcripts were not made public Smust notC be construed as meaning that the Judges of another Trial Chamber were precluded from hearing them; that, moreover, the Office of the Prosecutor constitutes a single entity and that, consequently, if one of its teams has confidential documents, it must be considered that all the teams have access to this material and are bound by the confidentiality measures relative to the material taken by either of the Trial Chambers";

CONSIDERING that Defence Counsel for Mr. Blaskic does not object to the disclosure of the transcripts of the testimony of the two Defence witnesses concerned to the parties in the Kordic-Cerkez case, provided that protective measures are taken guaranteeing the witnesses, mutatis mutandis, the same degree of protection as they enjoyed previously;

FOR THE FOREGOING REASONS,

ORDER that the transcripts of the testimony of the two witnesses concerned be disclosed to Trial Chamber III subject to its taking protective measures guaranteeing the witnesses, mutatis mutandis, the same degree of protection as they enjoyed previously.

 

Done in French and English, the French version being authoritative.

 

Done this nineteenth day of April 2000
At The Hague
The Netherland

 

/signed/
_____________
Claude Jorda
Presiding Judge, Trial Chamber I

[Seal of the Tribunal]