Case: IT-00-39-T

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie, presiding
Judge Joaquín Martín Canivell
Judge Claude Hanoteau

Registrar:
Mr. Hans Holthuis

Order of:
20 June 2005

PROSECUTOR

v.

MOMCILO KRAJISNIK

________________________________________________________________

ORDER FOR PRODUCTION OF DOCUMENTS

_________________________________________________________________

Office of the Prosecutor

Mr Mark Harmon
Mr Alan Tieger
Mr Thomas Hannis

Counsel for the Defence

Mr Nicholas Stewart, QC
Ms Chrissa Loukas

 

THE CHAMBER,

RECALLING that, at the hearing of 15 June 2005,1 witness Neđeljko Prstojević (the “witness”) mentioned "diaries" he kept during the Indictment period covering "day to day work during the war and the tasks that had to be carried out";

CONSIDERING that the Chamber expressed an interest in examining these diaries, but the witness showed reluctance to provide them unless ordered to do so;

CONSIDERING that the witness, contacted today through the Victims and Witnesses Section ("VWS"), reiterated his preference not to provide this material unless ordered to do so by the Chamber;

CONSIDERING that it is in the interests of justice to allow the Chamber to explore the content of these contemporaneous notes made by the witness himself in order better to evaluate the testimony of the witness;

PURSUANT TO RULE 54 OF THE RULES OF PROCEDURE AND EVIDENCE OF THE TRIBUNAL

HEREBY ORDERS the witness to provide through the VWS, within 14 days from the filing of this decision, the original of his diaries, as mentioned in the transcript pages above, covering the years 1991 and 1992, pursuant to the following conditions:

  1. The VWS will deliver the "diary" to the Chamber as soon as practicable;

  2. The Chamber will consider the material submitted and provisionally decide on its potential relevance and probative value;

  3. The Chamber will not make public any portion of the diary that relates only to the private life of the witness;

  4. The Chamber will return the original diary to the witness as soon as practicable;

  5. Should the Chamber deem some portions of the diary to be potentially relevant, it will give an opportunity to the parties to make submissions on the matter.

REQUESTS the VWS to provide any assistance required by the matter.

 

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

__________________
Judge Alphons Orie
Presiding Judge

Dated this 20th day of June 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. T. 14581-2.