IN TRIAL CHAMBER II
Judge Florence Ndepele Mwachande Mumba, Presiding
Judge David Hunt
Judge Fausto Pocar
Mrs. Dorothee de Sampayo Garrido-Nijgh
15 May 2000
FURTHER ORDER ON DEFENCE EXPERTS
Office of the Prosecutor:
Mr. Dirk Ryneveld
Counsel for the Accused:
Mr. Slavisa Prodanovic and Ms. Mara Pilipovic for the accused
Mr. Momir Kolesar and Mr. Vladimir Rajic for the accused Radomir Kovac
Mr. Goran Jovanovic and Ms. Jelena Lopicic for the accused Zoran Vukovic
1. The Trial Chamber is seised of the confidential "Defence Joint Request for Presence of Defence Experts During the Trial" ("Motion"), filed on 8 May 2000. The Defence requests leave to disclose the witness statements of witnesses FWS-50, FWS-95, FWS-186, FWS 191, FWS-190 and FWS-175 to four medical experts. The Prosecutor, during the oral hearings on 15 May 2000, indicated that she does not oppose the Motion.
2. The Trial Chamber issued an "Order on Defence Experts" on 29 March 2000 ("Order"), in which it granted the Defence leave to disclose the witness statements of witnesses FWS-48, FWS-75, FWS-87, FWS-101 and FWS-205 to three medical experts, Prof. Dr. Dusan Dunjic, a forensic expert, Dr. Aleksandar Jovanovic, a neuropsychiatrist and and Dr. Milan Kostic, a psychologist. It is assumed that the aim with the joint application is the same of that set out in the Order: first, to permit the medical experts to have access to the statements of the witnesses who are presently the subject of protective orders; and, secondly, to permit the medical experts to examine these witnesses. It is further assumed that the witness statements of witnesses FWS-48, FWS-75, FWS-87, FWS-101 and FWS-205 should be disclosed to the additional medical expert, Dr. Sci. Sanda Raskovic-Ivic, a psychiatrist.
3. The Trial Chamber, for the reasons set out in the Order of 29 March 2000, pursuant to Rules 73, 75 and Rule 94 bis of the Rules
HEREBY ORDERS THAT
(a). The Defence may disclose the witness statements of witnesses witnesses FWS-50, FWS-95, FWS-186, FWS 191, FWS-190 and FWS-175 ("the witnesses") to the following medical experts, namely, Prof. Dr. Dusan Dunjic, a forensic expert; Dr. Aleksandar Jovanovic, a neuropsychiatrist; Dr. Milan Kostic, a psychologist; and Dr. Sci. Sanda Raskovic-Ivic, a psychiatrist ("medical experts"). The witness statements of witnesses FWS-48, FWS-75, FWS-87, FWS-101 and FWS-205 may be disclosed to Dr. Sci. Sanda Raskovic-Ivic, a psychiatrist.
(b) The Defence, if it considers it necessary, may call any or all of the medical experts to testify as expert witnesses. In that case, Rule 94 bis of the Rules have to be complied with. Any or all of the medical experts will be allowed to be present in court only when they testify as expert witnesses.
(c) Should the Defence consider it necessary to physically examine one or more of the witnesses, they have to apply on an individual basis, with good cause being shown, for leave to do so. The Prosecution will be given an opportunity to respond to such applications.
(d) All the protective measures orders in force for all the Prosecution witnesses, not only the ones relevant to this oral Motion, will bind the medical experts and anybody assisting them. These orders are:
(i) "Decision on Prosecution Motion to Protect Victims and Witnesses" of 29 April 1998;
(ii) "Order on Prosecutors Motion Requesting Protective Measures for Witnesses at Trial" of 5 October 1998;
(iii) "Decision Granting Protective Measures for Witness FWS-191" of 20 November 1998;
(iv) The confidential "Decision on Prosecutors Motion Related to Witnesses FWS-191 and FWS 192" of 26 March 1999; and
(v) "Order on Protective Measures" of 20 March 2000.
(e) The medical experts may disclose the witness statements or any information related thereto to third parties only when strictly necessary. The medical experts shall each maintain a log indicating the name, address and position of each third party that receives a copy of a witness statement or any information related thereto as well as the date of such disclosure. The medical experts shall submit the log through Defence counsel to the Registrar at the end of the trial proceedings.
(f) The medical experts or any third party shall not reproduce the witness statements or any information related thereto. The medical experts or any third party shall return the witness statements or any information related thereto to the Defence counsels as soon as they are no longer required. The Defence shall verify that the medical experts and any third party comply strictly with this order.
(g) Any violation of this order may be dealt with as contempt of the Tribunal under Rule 77 of the Rules. A person found in contempt of the Tribunal may be imprisoned for a term of up to seven years, or fined up to Dfl. 200 000, or both.
Done in both English and French, the English version being authoritative.
Dated this fifteenth day of May 2000,
At The Hague,
[Seal of the Tribunal]