Case No. IT-01-47-PT

IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius

Registrar:
Mr. Hans Holthuis

Decision of:
2 September 2003

PROSECUTOR

v

ENVER HADZIHASANOVIC
AMIR KUBURA

_________________________________

DECISION ON "PROSECUTIONíS MOTION REGARDING THE TRIAL CHAMBERíS DECISION OF 12 JUNE 2003 ON THE "APPLICATION OF DARIO KORDIC FOR ACCESS TO CONFIDENTIAL SUBMISSION FILED BY THE PROSECUTION AND THE DEFENCE IN THE CASE OF PROSECUTOR V. HADZIHASANOVIC AND KUBURA""

_________________________________

The Office of the Prosecutor:

Mr Ekkehard Withopf
Mr David Re

Counsel for the Accused:

Ms Edina Residovic and Mr Stťphane Bourgon for Enver Hadzihasanovic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura

 

TRIAL CHAMBER II ("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 ("Tribunal"):

CONSIDERING the Trial Chamberís ďDecision on ďApplication of Dario Kordic for Access to Confidential Submission filed by the Prosecution and the DefenceĒ in the case of Prosecutor v. Hadzihasanovic and KuburaĒ, of 12 June 2003, wherein the Trial Chamber ordered, inter alia, the disclosure of a number of documents filed by the parties to Dario Kordic (ďKordic Defence"), including Pleading Registry No. 169;

NOTING that Pleading Registry No. 169 is a "Confidential Annex to Prosecutionís Request for Protective Measures in order to Release Confidential Supporting Material as Rule 68 Evidence in Prosecutor v. Tihomir Blaskic" (Case No. IT-95-14-A) and contains a number of documents relating to the Prosecutionís allegations of improper conduct on the part of Counsel for General Blaskic;

CONSIDERING the "Prosecutionís Motion Regarding the Trial Chamberís Decision of 12 June 2003 on the ďApplication of Dario Kordic for Access to Confidential Submission filed by the Prosecution and the Defence in the case of Prosecutor v. Hadzihasanovic and KuburaĒ", filed by the Office of the Prosecutor ("Prosecution") on 24 July 2003, wherein the Prosecution requested the Trial Chamber to modify its Decision in respect of Pleading Registry No. 169 and to make an order taking into account the Appeals Chamberís decision of 16 May 2002 in the Blaskic case, which ordered the non-disclosure of these documents;

CONSIDERING "Dario Kordicís Response to Prosecutionís 24 July 2003 MotionĒ, filed on 6 August 2003, wherein the Kordic Defence states to have no objection to non-disclosure of the material contained in Pleading Registry No. 169, except to the extent that the alleged improper conduct on the part of Counsel for General Blaskic relate to issues that are directly relevant to the arguments made in the appeals noted by Defence and the Prosecution, and in the Prosecutionís opposition to Kordic Defenceís appeal, most particularly in connection with Witness "AT";

NOTING the Prosecutionís Motion Seeking Leave to Reply to Dario Kordicís Response, filed on 11 August 2003 ("Prosecutionís Motion"), wherein the Prosecution seeks the Chamberís leave to reply to the Response in order to provide clarification as to whether Registry Pleading No. 169 relates or not to witnesses who testified in the Kordic trial Ė and in particular to Witness "AT";

CONSIDERING ďDario Kordicís Opposition to Motion filed by Prosecution on 11 August 2003", filed on 13 August 2003, wherein the Kordic Defence states that Prosecutionís additional arguments on the subject would not be useful, and are not necessary, considered that Pleading Registry No. 169 is before the Trial Chamber and the Trial Chamber can consult this document in order to see whether any of it relates to witnesses who testified in the Kordic case;

NOTING that Dario Kordic submitted that, in case this material relate to witnesses who testified in the Kordic case, this material should be disclosed to him without further delay, and it should not be made the subject of any modification of the Trial Chamberís Decision of 12 June 2003;

CONSIDERING that the Trial Chamber had the possibility to consult Pleading Registry No. 169 and therefore no further clarification from the Prosecution is needed;

CONSIDERING that Pleading Registry No. 169 does not relate to a witness who testified in the Kordic case;

PURSUANT TO Rule 54 of the Rules,

HEREBY DISMISSES the Prosecutionís Motion of 11 August 2003;

MODIFIES in the relevant part its previous decision of 12 June 2003 and ORDERS the non-disclosure of Registry Pleading No. 169.

 

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

Dated this second day of September 2003,
At The Hague
The Netherlands

_____________
Judge Wolfgang Schomburg
Presiding

[Seal of the Tribunal]