Case No. IT-03-67-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Kevin Parker
Judge Jean Claude Antonetti

Registrar:
Mr. Hans Holthuis

Order of:
8 December 2005

PROSECUTOR

v.

VOJISLAV SESELJ

_________________________________________

DECISION ON SUBMISSION NUMBER 114

_________________________________________

The Office of the Prosecutor:

Ms. Hildegard Uertz-Retzlaff
Mr. Ulrich Mussemeyer
Mr. Daniel Saxon

The Accused:

Vojislav Seselj

Standby Counsel:

Mr. Tjarda Eduard van der Spoel

 

TRIAL CHAMBER II ("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 ("Tribunal");

BEING SEIZED of "Submission Number 114" filed on 21 October 2005 ("Motion") by Vojislav Seselj ("Accused"), in which the Accused raises three issues: i) he submits that the Prosecution has on 13 October delivered documents to him, which he claims have nothing to do with his case and requests that the Prosecution respects its responsibility of disclosure of exculpatory material under Rule 68 of the Rules of Procedure and Evidence ("Rules"); ii) he objects to the Prosecutionís Motion for Protective measures; and iii) he requests, in relation to the issue of photocopying in the United Nations Detention Unit ("UNDU") to see the notes of the Deputy Registrarís submission on the issue;

NOTING that the Accused raised the issue of access to photocopying in the UNDU at the Status Conference on 26 September 2005 and that Judge Agius invited the Registry to comment on the matter;

NOTING "Registry Submission Pursuant to Rule 33 of the Rules of Procedure and Evidence Regarding Vojislav Seseljís Access to Photocopying Facilities Within the United Nations Detention Unit," dated 30 September and filed confidentially and partly ex parte 6 October 2005 in response to Judge Agiusí request ("Registry Filing");

CONSIDERING, in relation to the first issue, that the fact that the Prosecution has submitted material to the Accused, which he considers not relevant does not mean that the Prosecution has not met its obligation under Rule 68 of the Rules;

NOTING, in relation to the second issue, that the Accused also filed an objection to "Prosecutionís Motion for Non-Disclosure of Unredacted Statements of Sensitive Witnesses with Confidential and ex parte Annexes A and B", dated 29 September and filed on 5 October 2005, which will be considered in the context of the Trial Chamberís deliberation on that motion and be discussed in a separate decision;

CONSIDERING , after having consulted the Registry, that no reasons currently exist which would justify that part of the Registry Filing is filed ex parte ;

CONSIDERING, in relation to the third issue, that it is not the duty of the staff of the UNDU to make copies for the Accused as he has chosen to defend himself and thereby has taken it on himself to organise his defence, so that in the event the Accused wishes to make copies it is his responsibility to make necessary arrangements, either by providing his own photocopier for his use in the UNDU or by having assistance outside the UNDU to do his photocopying;

FOR THE FOREGOING REASONS

GRANTS the Accused request that he be communicated the ex parte part of the Registry Filing;

DENIES all other requests of the Motion;

INSTRUCTS the Registry to lift the ex parte status of the Registry Filing and to communicate it to the parties as soon as practicable.

 

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

Dated this eighth day of December 2005,
At The Hague
The Netherlands

____________________________
Judge Carmel Agius
Presiding

[Seal of the Tribunal]