Case No. IT-04-84-PT

IN TRIAL CHAMBER II

Before:
Judge Hans Henrik Brydensholt, Pre-trial Judge

Registrar:
Mr. Hans Holthuis

Order of:
12 April 2005

PROSECUTOR

Ramush HARADINAJ
Idriz BALAJ
Lahi BRAHIMAJ

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ORDER IN RELATION TO THE PROSECUTION MOTION FOR PRE-TRIAL PROTECTIVE MEASURES FOR WITNESSES

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The Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Dermot Groome
Ms. Marie Tuma

Accused / Counsel for the Accused:

Ramush Haradinaj:

Mr. Ben Emmerson
Mr. Conor Gearty
Mr. Rodney Dixon
Mr. Michael O’Reilly

Idriz Balaj:

Lahi Brahimaj:

I, Hans Henrik Brydensholt, Judge 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"):

NOTING the "Prosecution Motion for Pre-Trial Protective Measures For Witnesses" with confidential and ex parte Annexes attached to it, filed on 7 April 2005 ("Motion");

NOTING the "Order Regarding Composition of Trial Chamber and Designating a Pre-trial Judge", dated 15 March 2005 and the Corrigendum to this Order dated 17 March 2005, both issued by Judge Carmel Agius, according to which I was designated pre-trial Judge in the present case;

NOTING that pursuant to Rule 126bis of the Rules of Procedure and Evidence ("Rules"), unless otherwise ordered, a response, if any, to a motion filed by a party shall be filed within fourteen days of the filing of the motion;

NOTING that the Registry has indicated that two of the accused, namely Idriz Balaj and Lahi Brahimaj, have not yet formally appointed or been assigned counsel to represent them;

NOTING that pursuant to Rule 66(A)(i) of the Rules, within thirty days of the of the initial appearance of the accused the Prosecutor shall make available to the defence in a language which the accused understands copies of the material which accompanied the indictment when the confirmation was sought as well as all prior statements obtained by the Prosecutor from the accused ("Rule 66(A)(i) material");

NOTING that the initial appearance of Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj ("Accused") took place on 14 March 2005, and that the disclosure of the Rule 66(A)(i) material should thus be completed by 13 April 2005;

NOTING that in its Motion, the Prosecutor seeks pre-trial protective measures for certain witnesses, including redaction in the Rule 66(A)(i) material of names, identifying information and other information indicating the current whereabouts of these witnesses ("proposed redacted format");

CONSIDERING that all three Accused should have the possibility of responding to the Motion and to have the assistance of Defence counsel if they choose to do so;

CONSIDERING that at the same time it is in the interests of justice that the disclosure of the Rule 66(A)(i) material not be delayed;

CONSIDERING therefore that the Prosecution should disclose the Rule 66(A)(i) material to the Accused in the proposed redacted format by 13 April 2005 and that the Motion will be considered in its entirety once all three Accused have had a chance to respond to it;

PURSUANT TO Rules 54, 65ter, 66(A)(i) and 126bis of the Rules,

HEREBY ORDER that the deadline provided for in Rule 126bis of the Rules for the filing of a response to the Motion will run from the time that all three Accused have appointed or been assigned Defence counsel,

INSTRUCT the Registry to formally inform the Trial Chamber and the parties when all three Accused have appointed or been assigned Defence counsel so that it is clear to all involved when the deadline for filing a response to the Motion will begin to run,

FURTHER ORDER that in the meanwhile the Prosecutor should disclose the Rule 66(A)(i) material to the three Accused in the proposed redacted format by 13 April 2005.

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

Dated this twelfth day of April 2005,
At The Hague
The Netherlands

_______________________
Hans Henrik Brydensholt
Pre-trial Judge