Case No. IT-03-66-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert

Registrar:
Mr. Hans Holthuis

Decision of:
20 April 2005

PROSECUTOR

v.

Fatmir LIMAJ
Haradin BALA
Isak MUSLIU

________________________________________________

DECISION ON PROSECUTIONíS MOTION TO ADMIT THE STATEMENT OF A WITNESS UNDER RULE 92 BIS AND FOR PROTECTIVE MEASURES

________________________________________________

The Office of the Prosecutor:

Mr. Alex Whiting
Mr. Julian Nicholls
Mr. Milbert Shin
Mr. Colin Black

Counsel for the Accused:

Mr. Michael Mansfield, QC, and Mr. Karim A. Khan for Fatmir Limaj
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin Bala
Mr. Michael Topolski, QC, and Mr. Steven Powles for Isak Musliu

 

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, being seised of a written motion1 from the Office of the Prosecutor ("Prosecution") seeking to admit the statement of a witness and certain documents attached thereto under Rule 92 bis of the Rules of Procedure and Evidence ("Rules"), and for protective measures.

NOTING the Prosecutionís earlier oral application in court on this matter, and in particular certain clarifications regarding parts of the statement identified at that time,2

NOTING that, on the basis of these clarifications, the Defence do not oppose the admission of the statement and the documents attached thereto into evidence,3

PURSUANT TO Rules 89 (C), 92 bis and 75 of the Rules,

HEREBY GRANTS the Prosecutionís motion, ADMITS into evidence, by agreement of the parties, the statement of witness L103 and the documents attached thereto, and ORDERS that the name and any identifying information relating to witness L103 not be disclosed to the public, nor included in any public records of the International Tribunal,

NOTING the references to a witness, who has previously been granted protective measures in this case,4 in paragraph 25 of the statement of L103 and in the document attached thereto at tab 5,

REQUIRES the Registry:

(1) to mark as Exhibit P244 a complete and unredacted version of the statement of L103 and the documents attached thereto, under seal;

(2) to mark as Exhibit P245 a public version of the same, all references to the names or identifying information relating to witnesses L103 and L96 having been redacted.

For the purposes of this decision, the term "public" means and includes all persons, governments, organisations, entities, associations and groups other than the Judges of the International Tribunal and the staff of the Registry, the Prosecutor and the Accused in this case, the Defence Counsel, legal assistants and other members of the Defence team, their agents or representatives. The term "public" specifically includes, without limitation, family members, friends and associates of the Accused, the Accused in other cases or proceedings before the International Tribunal, the media and journalists.

 

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

______________________
Judge Kevin Parker
Presiding

Dated this twentieth day of April 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Confidential Prosecutionís Motion to Admit 92 bis statement of Witness L103 into Evidence and for Protective Measures, 15 April 2005.
2. See generally Transcript of the proceedings in Prosecutor v. Fatmir Limaj et al., Case No. IT-03-66-T, T. 5817Ė5824.
3. Ibid.
4. Prosecutor v. Fatmir Limaj et al., Case No. IT-03-66-T, Decision on the Prosecutionís Motion for Protective Measures at Trial, 22 November 2004. See also T. 2235.