Case: IT-95-14/2-A

IN THE APPEALS CHAMBER

Before:
Judge David Hunt, Presiding
Judge Mehmet Güney
Judge Asoka de Zoysa Gunawardana
Judge Fausto Pocar
Judge Theodor Meron

Registrar:
Mr Hans Holthuis

Decision of:
31 October 2002

PROSECUTOR
v
DARIO KORDIC
MARIO CERKEZ

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DECISION ON PROSECUTIONíS REQUEST FOR RECONSIDERATION

_____________________________________

Counsel for the Prosecutor

Mr Norman Farrell

Counsel for Pasko Ljubicic

Mr Tomislav Jonjic

Counsel for Dario Kordic

Mr Bozidar Kovacic

Counsel for Mario Cerkez 

Mr Mitko Naumovski

 

THE APPEALS 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,

NOTING the Appeals Chamberís "Order on Pasko Ljubicicís Motion for Access to Confidential Supporting Material, Transcripts and Exhibits in the Kordic and Cerkez Case", rendered on 19 July 2002 ("Order"), whereby the Appeals Chamber ordered the prosecution, inter alia, to file a document identifying the confidential supporting material, transcripts and exhibits from the Kordic and Cerkez trial which it considered to be relevant to the Ljubicicís case as well as the material which it considered not to be relevant to Ljubicic, and state in some detail the reasons and criteria which led to its conclusion in that regard;

NOTING that the Order also requested the prosecution to review the Kordic and Cerkez record and identify any confidential material which is relevant to Ljubicicís case but which is subject to providerís consent in accordance with Rule 70(C) and seek consent of the provider of that material and to contact witnesses who testified confidentially as well as any government or other entity which may have consented to their confidential testimony to hear their views upon the matter;

NOTING finally that, subject to a number of limitations, the Order requested the prosecution to redact the material which it considered to be relevant to Ljubicicís case and to provide it to him in that form;

BEING SEISED of the "Prosecutorís Request for Reconsideration of the Appeals Chamberís 19 July 2002 ĎOrder on Pasko Ljubicicís Motion for Access to Confidential Supporting Material, Transcripts and Exhibits in the Kordic and Cerkez Caseí and Request for an Extension of Time", filed on 12 August 2002, whereby the prosecution seeks a reconsideration of the Appeals Chamberís Order;

NOTING the Ljubicicís "Response to Prosecutorís Request for Reconsideration of the Appeals Chamberís 19 July 2002 ĎOrder on Pasko Ljubicicís Motion for Access to Confidential Supporting Material, Transcripts and Exhibits in the Kordic and Cerkez Caseí and Request for an Extension of Time", filed on 26 August 2002;

NOTING the letters of the Appeals Chamberís Senior Legal Officer filed confidentially on 6 and 10 September 2002 requesting parties in the Kordic and Cerkez case and Kvocka et al case to state their views upon the prosecutionís request for reconsideration;

NOTING the letter of counsel for Cerkez filed on 13 September 2002;

NOTING the prosecutionís "Further Information Relevant to Prosecutorís Request for Reconsideration of the Appeals Chamberís 19 July 2002 ĎOrder on Pasko Ljubicicís Motion for Access to Confidential Materialí", filed on 13 September 2002;

NOTING the three successive notices of compliance with Annexes A, B and C filed by the Prosecution, respectively on 19 September, 20 September and 11 October 2002, whereby the prosecution notified the Appeals Chamber that it had fully complied with its Order;

CONSIDERING that the prosecutionís full compliance with the Order renders the present Motion moot;

CONSIDERING, however, that a similar issue has been raised in other cases, in particular in the Kvocka et al case in relation to a request for access to material in that case filed by Momcilo Gruban ("Gruban") on 7 June 2002;

HEREBY DENIES the prosecutionís Motion but makes it clear that the prosecution, Gruban as well as any of the accused in the Kvocka et al case who would want to do so may make any submission in the Kvocka et al case in relation to the mechanism which they consider to be most appropriate to give access to Gruban to the material from the Kvocka et al case for which he seeks access.

 

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

Dated this 31st day of October 2002,
At The Hague,
The Netherlands.

______________________
David Hunt
Presiding Judge

[Seal of the Tribunal]