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:
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]