IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
19 March 1999
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
__________________________________________________
ORDER FOR DELAYED DISCLOSURE OF STATEMENTS
AND PROTECTIVE MEASURES
__________________________________________________
The Office of the Prosecutor:
Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Counsel for the Accused:
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr.,
and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez
THIS 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 ("the International Tribunal"),
BEING SEISED OF the confidential ex parte "Motion for protective measures and to delay disclosure of possible prosecution witness" filed by the Office of the Prosecutor ("Prosecution") on 23 February 1999 ("the First Motion") and the "Prosecutors motion to defer the March 11 deadline as to Rule 73 bis requirements for 6 sensitive witnesses" filed on 3 March 1999 ("the Second Motion" and together "the Motions"), seeking various protective measures for the witness identified in the First Motion and to delay disclosure of the identity and statements of this and five other witnesses, all identified in the Second Motion, until five days prior to testifying,
NOTING the Order of this Trial Chamber of 5 March 1999 temporarily releasing the Prosecution from its obligation to disclose the statements of these witnesses, pending further order of the Trial Chamber,
NOTING the Order for measures to protect victims and witnesses issued by this Trial Chamber on 15 January 1999, which Order continues in full force and effect,
CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
CONSIDERING that the protective measures are, in principle, appropriate for the privacy and protection of the witnesses, but that the Trial Chamber is of the view that five days disclosure prior to testifying is insufficient to allow the accused "adequate time and facilities for the preparation of his defence" in accordance with Article 21, paragraph 4(b), of the Statute,
PURSUANT TO Rules 75 and 79 of the Rules
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
_____________________________
Richard May
Presiding
Dated this nineteenth day of March 1999
At The Hague
The Netherlands
[Seal of the Tribunal]