Case No. IT-04-74-PT

BEFORE THE TRIAL CHAMBER

Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie

Registrar:
Mr. Hans Holthuis
Decision of:
17 June 2004

PROSECUTOR

v.

JADRANKO PRLIC
BRUNO STOJIC
SLOBODAN PRALJAK
MILIVOJ PETKOVIC
VALENTIN CORIC
BERISLAV PUSIC

___________________________________

DECISION ON PROSECUTION MOTION TO DEFER DISCLOSURE OF SUPPORTING MATERIAL PENDING THE RESOLUTION OF OUTSTANDING ISSUES

___________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

For the Accused Jadranko Prlic: Camil Salahovic, Zelimir Par
For the Accused Bruno Stojic: Zeljko Olujic
For the Accused Slobodan Praljak: Bozidar Kovacic, Nika Pinter
For the Accused Milijov Petkovic: Vesna Alaburic
For the Accused Valentin Coric: Tomislav Jonjic
For the Accused Berislav Pusic: Marinko Skobic

 

I, Judge Alphons Orie, Pre-Trial Judge of Trial Chamber I (the "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 (the "Tribunal");

NOTING the "Prosecutionís Motion to Defer Disclosure of Supporting Material Pending the Resolution of Outstanding Issues" filed on 29 April 2004, whereby the Prosecution seeks authorisation to defer disclosure of the supporting material until 20 May 2004 (the "First Motion");

NOTING the second "Prosecutionís Motion to Defer Disclosure of Supporting Material Pending the Resolution of Outstanding Issues" filed on 19 May 2004, whereby the Prosecution seeks authorisation to further defer disclosure of the supporting material until matters relating to protective measures requested by the Prosecution and appointment of counsel are resolved (the "Second Motion");

NOTING the "Joint Response of the Accused to the Prosecutionís Motion to Defer Disclosure of Supporting Material Pending the Resolution of Outstanding Issues", jointly filed by all defence counsel on 25 May 2004, whereby the accused indicate that, while they did not oppose the First Motion, they do object to the Second Motion on the grounds that the deferral is requested for an indefinite period of time and the Motion does not specify the pending matters that should be resolved before the supporting material should be disclosed (the "Response");

NOTING the "Prosecutionís Reply to Joint Response of the Accused to the Prosecutionís Motion to Defer Disclosure of Supporting Material Pending the Resolution of Outstanding Issues" filed on 27 May 2004, whereby the Prosecution specifies that the pending matters that need to be resolved before the supporting material should be disclosed are those mentioned in the First Motion, namely: (a) the issue of potential conflicts of interest with regard to some counsel representing the accused, (b) the motion for protective measures filed by the Prosecution on 6 April 2004 (the "Reply");

CONSIDERING that the issue of potential conflict of interest with regard to some defence counsel and the Motion for protective measures filed by the Prosecution on 6 April 2004 are still pending; that it is in the interests of justice to defer disclosure of supporting material until these two matters are resolved;

FOR THE FOREGOING REASONS,

PURSUANT TO Rules 54 of the Rules of Procedure and Evidence of the Tribunal;

AUTHORISES the Prosecution to defer the disclosure of the supporting material until the issues of potential conflict of interest with regard to some defence counsel and the Motion for protective measures are disposed of.

 

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

Dated this 17th day of June 2004,
At The Hague
The Netherlands

____________________
Judge Alphons Orie
Pre-trial Judge, Trial Chamber I

[Seal of the Tribunal]