IN THE TRIAL CHAMBER
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Rafael Nieto-Navia
Mr Hans Holthuis
1 October 2003
ORDER CONCERNING MATERIAL RECENTLY DISCLOSED TO THE DEFENCE
Office of the Prosecutor:
Mr. Mark IeraceDefence Counsel:
Ms. Mara Pilipovic
Mr. Stéphane Piletta-Zanin
TRIAL CHAMBER I, Section B (the "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 (the "Tribunal");
NOTING the Defence’s "Response to Material Additionally Disclosed by the Prosecution Pursuant to Rule 68 of the Rules", filed on 1 September 2003 (the "Response");
NOTING that the Response refers to disclosures made by the Prosecution to the Defence at various times in the course of August 2003 in accordance with Rules 67(D) and 68 of the Tribunal’s Rules of Procedure and Evidence;
NOTING that the Response claims that several of the disclosed documents are illegible, incomplete, or otherwise "not acceptable" (para. 12) and that a disclosed CD-ROM containing a filmed interview could not be viewed because of a recording error (para. 7);
CONSIDERING that it is for the Defence to follow up the above complaint with the Prosecution directly, if it considers such action necessary;
NOTING that the Response alleges (at paras. 16 and 49-57) that certain parts of the disclosed material – including, possibly, visual information from the filmed interview on the CD-ROM which, at the time of the Response, had not been viewed by the Defence – is "exculpatory".
HEREBY ORDERS the Parties as follows:
a) The Prosecution has five (5) days from the date of this Order to respond to the Defence’s claims as found in paragraphs 16 and 49-57 of the Response;
b) The Defence has five (5) days from the date of this Order to make any further submissions on the matter, such as on the visual content of the filmed interview.
The Trial Chamber will decide the Parties’ submissions on this matter either in the form of an interlocutory decision or as part of the final judgement in this case, as it considers appropriate.
Done in English and French, the English version being authoritative.
Done this 1st day of October 2003
At The Hague,
Presiding Judge, Trial Chamber
[Seal of the Tribunal]