IN THE TRIAL CHAMBER

 

Before: Judge Gabrielle Kirk McDonald, Presiding

Judge Rustam S. Sidhwa

Judge Lal C.Vohrah

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 18 June 1996

 

PROSECUTOR

v.

ZEJNIL DELALIC

ZDRAVKO MUCIC also known as "PAVO"

HAZIM DELIC

ESAD LANDZO also known as "ZENGA"

___________________________________________________________

ORDER ON THE PROSECUTOR’S APPLICATION TO

DELAY PRODUCTION OF MATERIAL TO THE ACCUSED DELALIC

_________________________________________________________

 

The Office of the Prosecutor:

Mr. Eric Ostberg

Ms. Teresa McHenry

Counsel for the Accused:

Ms. Edina Residovic, for Zejnil Delalic

THE TRIAL CHAMBER,

HAVING CONSIDERED the Prosecutor’s 12 June 1996 application, in which the Prosecutor seeks to delay production to the accused Zejnil Delalic of the statement of one of his co-defendants, Zdravko Mucic;

NOTING Rule 66(B), which requires the Prosecutor to allow the Defence to "inspect any books, documents, photographs and tangible objects in the custody or control, which are material to the preparation of the defence, or are intended for use by the Prosecutor as evidence at trial or were obtained from or belonged to the accused";

NOTING Rule 66(C), which allows the Prosecutor to apply to a Trial Chamber for non-disclosure of information falling under Rule 66(B) if "the disclosure of [the informationC may prejudice further or ongoing investigations, or for any other reasons may be contrary to the public interest or affect the security interests of any States";

NOTING that the Prosecutor concedes that Zdravko Mucic’s statement could be considered material to the preparation of the defence, but nonetheless seeks to delay production of the transcript, on the basis of the public interest in uncovering the truth, until the Prosecutor has had an opportunity to determine whether any of the accused in the case will provide additional or initial interviews;

NOTING that all four accused in this case are now in the custody of the International Tribunal and are thus accessible to the Prosecutor to enable him to determine whether any of them will provide additional or initial interviews;

HEREBY ORDERS the Prosecutor to provide Zdravko Mucic’s statement to counsel for Mr. Delalic within 14 days of the date of this order.

 

___________________________

Gabrielle Kirk McDonald

Presiding Judge

 

Dated this eighteenth day of June 1996

At The Hague

The Netherlands

[Seal of the Tribunal]