IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
19 September 2001

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________________

DECISION ON PROSECUTION MOTION FOR PERMISSION TO DISCLOSE WITNESS STATEMENTS IN ENGLISH

________________________________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Daniel Saxon
Mr. Dirk Ryneveld
Ms. Julia Baly
Ms. Cristina Romano
Mr. Daryl A. Mundis
Mr. Milbert Shin

The Accused:

Slobodan Milosevic

Amicus Curiae:

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff

 

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 "Prosecutionís Motion for Permission to Disclose Witness Statements in English pursuant to Rule 66 (A)(ii)" filed by the Office of the Prosecutor ("Prosecution") on 7 September 2001 ("the Motion"), seeking permission to make disclosure of witness statements to the accused in English only,

NOTING the arguments of the Prosecution that the accused has demonstrated adequately to the Trial Chamber that he speaks, reads, writes and understands the English language, and that to permit the Prosecution to disclose these documents in the English language only would be in the interests of judicial economy,

NOTING that the accused in this case has indicated to the Registrar of the International Tribunal his intention not to appoint defence counsel,

NOTING also the designation of amici curiae by the Registrar of the International Tribunal on 6 September 2001, as invited by the Trial Chamber in its Order of 30 August 2001, and the objection to the Motion raised by amici curiae in a filing of 18 September 2001,

CONSIDERING that the native language of the accused in this case is not English,

CONSIDERING that the reasons put forward to support the Motion are based largely on matters of judicial economy,

CONSIDERING that Article 21, paragraph 4, of the Statute of the International Tribunal guarantees to the accused certain minimum rights, one of which is to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him,

CONSIDERING that the disclosure of witness statements pursuant to Rule 66 (A)(ii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") is one of the means intended to ensure that the accused is so informed of the charge against him and to ensure a fair trial,

CONSIDERING that, in the opinion of the Trial Chamber and in the circumstances of this particular case, these guarantees are so fundamental as to outweigh considerations of judicial economy,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY DENIES THE MOTION.

 

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

Richard May
Presiding

Dated this nineteenth day of September 2001
At The Hague
The Netherlands

[Seal of the Tribunal]