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 May 1999

THE PROSECUTOR

v.

TIHOMIR BLASKIC

___________________________________________________________________________

DECISION OF TRIAL CHAMBER I
SUMMONING MR. ROBERT STEWART AS A WITNESS OF THE TRIAL CHAMBER

___________________________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Andrew Cayley
Mr. Gregory Kehoe

Defence Counsel:

Mr. Anto Nobilo
Mr. Russell Hayman

 

TRIAL CHAMBER I (hereinafter "The Trial Chamber") 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"),

NOTING the Decision of 25 March 1999 in respect of the appearance of Robert Stewart (hereinafter "the Witness),

NOTING the correspondence from the Embassy of the United Kingdom in The Hague dated 23 April 1999, which indicates that Colonel Robert Steward has agreed to testify and to "set aside two days for his appearance" before the Tribunal,

CONSIDERING that the Witness has confirmed his availability by telephone; and that no application for protective measures has been submitted to the Trial Chamber,

FOR THE FOREGOING REASONS,

ORDERS Colonel Robert Stewart to appear as witness before the Trial Chamber on 17 June 1999 at 10:00 hours and states that the hearing may, if necessary, continue on the first appropriate following day;

STATES that the testimony shall inter alia cover:

1) the development of the military situation in central Bosnia between October 1992 and May 1993 (forces present, operation of the channels of authority: the chain or chains of command of the armies present in central Bosnia and, in particular, the authority of the military commanders or civilan authorities over the military, military police, para-military and other armed forces in the region as well as any role played by the political leaders in this area);

2) the principal subjects of the meetings in which the witness participated and, if necessary, communication, attitudes, proposals or other matters discussed during those meetings, in particular, by the accused or his representatives, and correspondence or discussions between the accused and the witness, especially in the following areas: a) investigations into the crimes committed in the region, whoever the alleged perpetrators (inter alia, events which occurred in Ahmici, as well as in Cajdras and Vitez); b) arrangement, organisation, implementation and respect of cease-fires; c) civilian populations: maintaining order and security, movements of populations, status of the refugees, internment of civilians, conveyance of humanitarian assistance;

3) the Witness’ perception of the accused’s personality both professionally and personally;

STATES that the Witness shall first make a spontaneous statement and that, although he may assist himself by relying on notes, he should not read a prepared statement; and INVITES the Witness to note that his spontaneous statement should not exceed three hours insofar as possible and that the parties shall each have about one hour to put their questions to him;

ORDERS that the scope of the questions asked by the Prosecutor and the Defence be limited to the scope of the Witness’ initial statement with the Trial Chamber reserving for itself the right to settle any dispute in that respect;

AUTHORISES the Witness to inform the Judges that the requested information is, wholly or in part, confidential;

 

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

Done this nineteenth day of May 1999,
At The Hague,
The Netherlands

/signed/
Claude Jorda
Presiding Judge Trial Chamber I

(Seal of the Tribunal)