Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Mr. Hans Holthuis
17 September 2003
ORDER CONCERNING THE PREPARATION AND PRESENTATION OF THE DEFENCE CASE
Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Hildergaard Uertz-Retzlaff
Mr. Dermot Groome
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy 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”),
CONSIDERING that the Rules of Procedure and Evidence (“Rules”) provides for certain procedures to be followed by an Accused in relation to the preparation and presentation of the Defence case,
CONSIDERING, however, that these procedures must be adapted to the fact that this Accused is representing himself, is detained in the United Nations Detention Unit and has limited resources at his disposal,
CONSIDERING FURTHER that in order to properly prepare and present his case , the Accused must be provided with facilities in a privileged setting1 to confer with witnesses and others and work with documents and material relevant to his defence, logistical support with regard to witnesses and facilities to prepare for the presentation of his case,
PURSUANT to Rules 54, 65 ter and 73 ter of the Rules
HEREBY ORDERS AS FOLLOWS with respect to the preparation and presentation of the Defence case:
Preparation for the Defence Case
(1) The trial will be adjourned for three months between the close of the Prosecution case and the commencement of the Defence case to facilitate the Accused in the preparation of his case.
(2) This adjournment will be subject to any hearing which the Trial Chamber may order .
(3) The Accused, within six weeks of the close of the Prosecution case, shall file the following documents:
(a) The list of witnesses the Accused intends to call, including:
(i) the name of each witness;
(ii) a summary of the facts on which each witness will testify; and
(iii) an indication of whether the witness will testify in person or pursuant to Rule 92 bis by way of written statement or use of a transcript of testimony from other proceedings before the Tribunal.2
(b) The list of exhibits the Accused intends to offer in his case. He is also obliged to serve on the Prosecutor copies of the exhibits so listed.3
(4) The Trial Chamber will thereafter hold a Pre-Defence Conference, for the following purpose:
(a) to review the Accused’s witness list and set the number of witnesses he will be entitled to call;4
(b) to determine the time which will be available to the Accused to present his case ;5 and
(c) to deal with such other matters as the Chamber considers appropriate for the purposes of facilitating the presentation of the Accused’s case, including practical arrangements to be made to bring defence witnesses to the Tribunal and for the Accused to prepare for his examination-in-chief.
Presentation of the Defence Case
(5) At the commencement of the Defence case, the Accused shall be entitled to open his case in respect of all three indictments against him, subject to a time limit to be imposed by the Trial Chamber.
(6) The Trial Chamber may refuse to hear a witness whose name does not appear on the Accused’s list of witnesses.6 If the Accused wishes to add any witnesses or exhibits to his witness list after the Pre -Defence Conference, he must apply to the Chamber for permission to do so showing good cause.7
(7) In the examination by the Accused of his witnesses, he should bear in mind at all times that the Trial Chamber exercises control over the mode and order of interrogating witnesses and presenting evidence so as to ensure it is effective for the ascertainment of truth, and to avoid the needless consumption of time.8 The Accused is reminded that his time will be limited and that he should focus on relevant areas of evidence.
(8) The Accused is encouraged to avail himself of the provisions under Rule 92 bis with respect to the admission of evidence in written form.
(9) If he so desires, the Accused may appear as a witness in his own defence.9 In this respect, the Accused is reminded of Annex A to the Chamber’s Order on 19 February 2002 concerning his right of silence (the relevant parts of which are attached to this Order).
Practical Arrangements for the Preparation and Presentation of the Defence Case
(10) The Registrar is hereby ordered to provide the Accused with
(a) facilities, in a privileged setting, to confer with witnesses and others relevant to his defence;
(b) facilities, in a privileged setting, to review and work with documents and other material relevant to his defence;
(c) logistical support with regard to witnesses; and
(d) facilities to prepare for the presentation of his case.
Done in both English and French, the English text being authoritative.
Dated this seventeenth day of September 2003
At The Hague
[Seal of the Tribunal]
(a) You have a right of silence during the trial. You are not obliged to give evidence, to question witnesses, or to make submissions.
(c) You may give evidence on your own behalf at the appropriate time, in which case you will be subject to cross-examination.
(d) Other than when giving evidence, you are not obliged to answer any questions about the facts of the case but should be aware that if you make statements about the facts during submissions to the Court, such statements may be part of the material considered by the Trial Chamber in reaching its decision on the case.
(e) This ruling does not apply to questions on procedural and administrative matters .