Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
7 October 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION’S MOTION FOR LEAVE TO ADD WITNESS C-070 TO THE WITNESS LIST AND FOR PROTECTIVE MEASURES

_________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. McCormack

 

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 ("International Tribunal"),

BEING SEISED of a confidential and partly ex parte "Prosecution’s Motion for Leave to Add Witness C-070 to the Witness List and For Protective Measures", filed by the Prosecution on 2 October 2003 ("Motion"), which requests the addition of the identified witness to its witness list for the Croatia and Bosnia part of the trial, and the protective measure of delayed disclosure and non-disclosure agreements and related measures,

CONSIDERING the Trial Chamber’s ruling subsequent to the filing of the Prosecution’s pre-trial material for the Croatia and Bosnia part of these proceedings that it would only allow the admission of additional material by the Prosecution on good cause being shown,(1)

CONSIDERING the Trial Chamber accepts that the explanation offered in the confidential and ex parte annexes to the Motion satisfies the Trial Chamber that its requirement that good cause be shown, in respect of witness C-070, is satisfied, in that the witness has only recently agreed to testify,

NOTING that with respect to the protective measures sought, the Prosecution relies upon Rules 69, 75 and 79 of the Rules of Procedure and Evidence of the Tribunal ("Rules"),

NOTING the confidential and ex parte Annexes to the Motion setting out the nature of the testimony the witnesses would give and the reasons for the application for protective measures,

CONSIDERING that the Trial Chamber set out in detail, in its Decision of 13 March 2003 and in previous decisions, the preconditions to be satisfied before the particular measures sought will be granted,(2) and will apply those preconditions to the relief sought in this application,

CONSIDERING that the Trial Chamber has applied the relevant criteria and has determined that the protective measures of delayed disclosure sought with respect to witness C-070 are appropriate, and that such orders are consistent with the rights of the Accused, accepting that given the witness and the nature of the testimony the witness will give, the disclosure period shall be 30 days with respect to the amici curiae and 21 days with respect to the Accused and his legal associates. The reasons for the protective measures granted are the particular security risks attaching to the witness and the important nature of the testimony it is said the witness will give,

CONSIDERING FURTHER that, with respect to the application in respect of the witness that the Accused and his appointed associates not disclose the material to third parties except to the extent directly and specifically necessary for the preparation and presentation of the defence case (and the amici curiae do so to the extent necessary to assist the Trial Chamber), and that they obtain non-disclosure agreements before doing so, the Chamber will grant this request, on the basis that it applies to a special and limited category to which the witness belongs,(3)

CONSIDERING that it is proposed that the witness will produce and testify certain books, and that the Prosecution should produce the books but identify the relevant passages of the relevant books upon which they wish to rely,

PURSUANT TO RULES 54 AND 69

HEREBY GRANTS THE MOTION and ORDERS as follows:

  1. The witness identified as C-070 may be added to the witness list;
  2. As to the protective measure of delayed disclosure sought in respect of witness C-070, disclosure of his unredacted witness statements and related exhibits shall be made to the amici curiae not less than 30 days, and to the Accused and his appointed associates not less than 21 days, before the witness is expected to testify;
  3. As to the application with respect to third party agreements sought in respect of witness
    C-070:
    1. the Accused and his appointed associates shall not disclose the witness statements and related exhibits to third parties except to the extent directly and specifically necessary for the preparation and presentation of the defence case (and, in the case of the amici curiae, the extent to which they are assisting the Trial Chamber); and
    2. the Accused, his appointed associates and amici curiae shall obtain non-disclosure agreements from third parties (as provided by the Prosecution) as a precondition for release of the witness statements and related exhibits to them; and

  4. With respect to the production of any books by the witness, the Prosecution shall produce the books within the disclosure period but identify the relevant passages of the relevant books upon which they wish to rely.

 

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

_____________
Richard May
Presiding

Dated this seventh day of October 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


align1. "Decision on Prosecution Request for Agreement of Trial Chamber to Amend Schedule of Filings", 18 April 2002, p.3.
align2. See "Decision on Prosecution’s Further Motion to Amend Witness List and for Protective Measures for Sensitive Source Witnesses", 13 March 2003. See also Decisions referred to by the Chamber in that Decision for Rule 69 measures, as follows: Prosecutor v. Milosevic, “Decision on Prosecution Motion for Provisional Protective Measures” issued on 19 February 2002 (“First Decision”); “Decision on Prosecution Motion for Protective Measures foalignr Victims and Witnesses" issued on 19 March 2002 ("Second Decision"), and "Second Decision on Protective Measures for Sensitive Witnesses", 6 June 2003.
3. This reflects the consistent position of the Chamber on these matters. See, in this case, "Decision on Prosecution’s Further Motion to Amend Witness List and for Protective Measures for Sensitive Source Witnesses", 13 March 2003, and "First Decision on Protective Measures for Sensitive Source Witnesses", 3 May 2003