IN THE TRIAL CHAMBER
Before:
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
11 August 1998
PROSECUTOR
v.
Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"
_____________________________________________________________
ORDER FOR CLARIFICATION OF POSSIBLE
COMMUNICATIONS WITH PROSECUTION WITNESSES
______________________________________________________________
The Office of the Prosecutor:
Mr. Franck Terrier
Mr. Albert Moskowitz
Counsel for the Accused:
Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic
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 ("International Tribunal")
BEING SEISED of the Motion to Withdraw the Indictment Against the Accused Vlatko Kupreskic (Official Record at Registry Page ("RP") D1967-D1979), filed by the Defence on 16 July 1998 ("Defence Motion");
NOTING the Trial Chambers Decision on the Prosecution Motion to Delay Disclosure of Witness Statements (RP D1118-D1124) filed on 21 May 1998 ("Decision on Witness Statements") in which it was ordered that "Prosecution witnesses shall not be contacted by the accused, their Defence counsel, or others acting on behalf of the accused, including family members, except through the Prosecution" (RP D1119), and the Trial Chambers Order for the Protection of Victims and Witnesses (RP D1164-D1166) filed on 16 June 1998;
CONSIDERING the reference to Defence communications with Prosecution witnesses in paragraphs 11 and 12 of the Defence Motion;
CONSIDERING FURTHER the Prosecutors Response to Accused Vlatko Kupreskics Motion to Withdraw the Indictment (RP D2005-D2007) filed on 23 July 1998;
CONSIDERING FURTHER the Response of the Defence Counsels for the Accused Vlatko Kupreskic to the Prosecutors Response to Accused Vlatko Kupreskics Motion to Withdraw the Indictment and Motion for Scheduling of a Separate Hearing (RP D2009-D2015) filed 29 July 1998 and the Prosecutors Response to Vlatko Kupreskics Motion for Scheduling of a Separate Hearing (RP D2066-D2071) filed on 7 August 1998;
EXPRESSING CONCERN that there may have been a contravention of the Chambers Decision on Witness Statements;
PURSUANT TO RULE 75,
HEREBY ORDERS that:
Done in both English and French, the English text being authoritative.
___________________
Florence Ndepele Mwachande Mumba
Judge of the Trial Chamber
Dated this eleventh day of August 1998
At The Hague,
The Netherlands.
[Seal of the Tribunal]