IN THE TRIAL CHAMBER
Before: Judge Gabrielle Kirk McDonald, Presiding
Judge Ninian Stephen
Judge Lal C. Vohrah
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 30 September 1996
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
DECISION ON MOTION REQUESTING
ORDER FOR PRODUCTION OF DOCUMENT AND ORDER FOR DEPOSITIONS
FILED BY THE ACCUSED ZDRAVKO MUCIC
The Office of the Prosecutor:
Mr. Eric Ostberg Ms. Teresa McHenry
Counsel for the Accused:
Mr. Branislav Tapuskovic, for Zdravko Mucic
THE TRIAL CHAMBER
NOTING that the Indictment issued by the Office of the Prosecutor ("Prosecution") against, inter alia, Zdravko Mucic, was confirmed on 21 March 1996;
NOTING the Defence for Zdravko Mucic filed on 9 August 1996 a document entitled "Preliminary Remarks and Motions" in which it requests two forms of relief and that the Prosecutions response to these requests was filed on 15 August 1996;
NOTING that the first form of relief requested by the Defence is that the Prosecution file a request, pursuant to Sub-rule 39(iii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), with the "competent government authorities in Sarajevo" in order to obtain the decision by which the accused was appointed commander of the Celebici camp; and that in this regard the Prosecution should seek an order from the Trial Chamber pursuant to Sub-rule 39(iv) requesting this document;
NOTING that the second form of relief requested by the Defence is an order to be issued by the Trial Chamber pursuant to Rules 67 and 71 permitting it to take verified depositions of witnesses for use at trial;
NOTING that the Prosecution has indicated that, in regard to the first request, it has no objection to any requests seeking documentary information from the Government of the Republic of Bosnia and Herzegovina concerning the Celebici camp and has, in fact, already requested all of the relevant documents, including the requested decision, and therefore no order is necessary; and further that it has no objection to the Defence or the Trial Chamber taking any additional action deemed necessary to secure the requested decision;
NOTING the Prosecutions contention that, in regard to the second request, no showing of exceptional circumstances has been made to justify, pursuant to Rule 71, the taking of verified depositions of witnesses for use at trial, nor has any reason been given as to why these witnesses would be unavailable to testify at trial;
CONSIDERING that in regard to the Defences first request the Prosecution has, on its own initiative, sought to secure the requested document from the Government of the Republic of Bosnia and Herzegovina and, although the Government has not yet responded to this request, the Prosecution has indicated its willingness to turn over the document to the Defence as required by Sub-rule 66(B);
CONSIDERING that Sub-rule 71(A) provides that the Trial Chamber may, "in exceptional circumstances and in the interests of justice" order that a deposition be taken for use at trial;
FINDS that an order requiring the Prosecution to request the decision by which the accused Zdravko Mucic was appointed Commander of the Celebici camp pursuant to Sub-rule 39(iii) is not necessary given the fact that the Prosecution has already requested all of the documents relevant to the Celebici camp from the Government of the Republic of Bosnia and Herzegovina and that, until such time as a request is denied, there is no need for the Prosecution to seek an order from the Trial Chamber pursuant to Sub-rule 39(iv) requesting the document;
FINDS further that the required showing contained in Sub-rule 71(A) in regard to the taking of witness depositions for use at trial has not been made, as no exceptional circumstances have been alleged and no indication has been made as to why the taking of such depositions would be in the interests of justice;
FOR THESE REASONS
REJECTS the Motion seeking an order for the Prosecution to request the decision by which the accused was appointed commander of the Celebici camp, and rejects the Motion requesting the taking of witness depositions for use at trial.
Done in English and French, the English version being authoritative.
Gabrielle Kirk McDonald
Dated this thirtieth day of September 1996
At The Hague
[Seal of the Tribunal]