Case No.: IT-97-24-T


Judge Wolfgang Schomburg, Presiding
Judge Mohamed Fassi Fihri
Judge Volodymyr Vassylenko

Mr. Hans Holthuis

Request of:
8 October 2002





The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Nicholas Koumjian

Counsel for the Accused:

Mr. Branko Lukic
Mr. John Ostojic


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 SEIZED of a request from the defence counsel for Dr. Stakic ("Defence") filed on 2 October 2002 for approval of expert witnesses to be called in its case ("Request"),

NOTING that the Prosecution has indicated that it will not file a response to the Defence request,

NOTING that, pursuant to Rule 73 ter of the Rules of Procedure and Evidence of the Tribunal ("Rules"), the Trial Chamber may "set the number of witnesses the defence may call",

NOTING, however, that the Defence in this case has not yet had an opportunity to file a complete list of the witnesses it intends to call, as envisioned by Rule 65 ter (G)(i),

NOTING that the Defence Request does not provide any reasons for electing to call expert evidence in relation to the seven listed topics,

NOTING that the Prosecution elected to call the following expert witnesses in its case:

NOTING further that, pursuant to Rule 98, the Trial Chamber ordered the Prosecution to appoint the following experts to testify in its case:

NOTING that Mr. ten Camp was appointed by the Registry of the Tribunal at the request of the Trial Chamber and has to be regarded as a neutral expert of the highest standing in the host country of the Tribunal,

CONSIDERING that the principle of equality of arms is one of the key elements of the right to a fair trial,

CONSIDERING, therefore, that the Defence should, in principle, have the opportunity to present expert evidence in relation to issues addressed by Prosecution expert witnesses,

CONSIDERING, however, that a second expert on an identical issue may only be called to testify where it can be shown that he or she possesses superior knowledge, expertise or methods of working,

CONSIDERING that it is for the moving party to substantiate and demonstrate this,

CONSIDERING that the Defence, in its Request, has not met this requirement,

CONSIDERING that time is of the essence under Rule 94 bis,

PURSUANT to Rule 73 ter of the Rules,


(1) GRANTS the Defence Request insofar as it may call to testify in its case:

(2) DENIES the remaining parts of the Defence Request as unsubstantiated, notwithstanding other rulings under Rule 73 ter or in the framework of the next Status Conference,


    1. Expert reports as defined under (1) to be disclosed as soon as is practicable, but no later than 30 October 2002,
    2. The Prosecution, within two weeks of receiving an expert report, to file a notice indicating whether:

(i) it accepts the expert witness statement; or

(ii) it wishes to cross-examine the expert witness,


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

Judge Wolfgang Schomburg

Dated this eighth day of October 2002
At The Hague
The Netherlands

[Seal of the Tribunal]

1 - Dr. Robert J. Donia, Prijedor in the Bosnian Krajina: a Background Report.