IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
11 May 2000
PROSECUTOR
v.
DAMIR DOSEN
DRAGAN KOLUNDZIJA
DECISION ON DEFENCE MOTION FOR DISCOVERY
Office of the Prosecutor:
Ms. Brenda J. Hollis
Mr. Michael J. Keegan
Mr. Kapila Waidyaratne
Counsel for the Accused:
Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucecevic, for Dragan Kolundzija
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 ("the International Tribunal"),
BEING SEISED of the "Defense Motion for Discovery" filed on behalf of the accused Dragan Kolundzija on 17 March 2000 ("the Defence Request"), seeking an order for disclosure by the Office of the Prosecutor ("the Prosecution") of transcripts, audio- or video-tapes, written or oral statements and/or investigative notes involving witnesses or witness statements generated by Bosnian and/or Muslim authorities, directing the Prosecution to enquire of the authorities in Bosnia which, if any, of the Prosecution witnesses were held in their custody and permitting the Defence for Dragan Kolundzija to examine witnesses before trial to determine which, if any, were interrogated by those authorities,
NOTING the Response to the Defence Request filed by the Prosecution on 29 March 2000,
CONSIDERING that it is not within the scope of authority of the Prosecution to provide the material requested,
CONSIDERING that evidence about the material can be elicited by other means, such as by means of cross-examination of Prosecution witnesses,
CONSIDERING ALSO the Order of the Trial Chamber of 19 October 1999, permitting the Defence to contact Prosecution witnesses, subject to giving reasonable prior written notice to the Prosecution,
HEREBY DISMISSES the Defence Request.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding Judge
Dated this eleventh day of May 2000
At The Hague
The Netherlands
[Seal of the Tribunal]