Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
6 July 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER TO THE ACCUSED ON COMPLIANCE WITH DISCLOSURE OBLIGATIONS

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Prof. 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 ("the International Tribunal"),

BEING SEISED OF a "Prosecution Motion for Order Concerning the Accusedís Continued Non-Compliance with Trial Chamber Orders", filed by the Prosecution on 29 June 2004, in which the Prosecution notes the non-compliance of the Accused with the Trial Chamberís orders concerning the provision of witness names and exhibits to the Prosecution under
Rule 65 ter and requests that the Trial Chamber require the Accused to comply with its prior orders or face sanction,

NOTING that the effect of the submissions of the Accused at the hearing on 5 July 2004 is that he does not intend to disclose the names of the witnesses on his Rule 65 ter witness list other than those he believes he should disclose,

NOTING the response of the Prosecution that, if the Accused continues to breach the orders, the Trial Chamber should impose the sanction of disallowing him from calling witnesses he does not name to the Prosecution in a short period of time,

CONSIDERING, for the avoidance of doubt, that the Trial Chamber has required no more of the Accused than it required of the Prosecution,

NOTING the "Order to the Accused on Protective Measures for Defence Witnesses", issued on 27 May 2004, in which the Accused was ordered, inter alia, to:

  1. produce to the Trial Chamber the identities of all witnesses on the Rule 65 ter (G) witness list by 10 June 2004;
  2. disclose to the Prosecution and Amici Curiae, the identities of all witnesses on the Rule 65 ter (G) witness list, except those identified by the Accused as witnesses for whom the extraordinary protective measure of delayed disclosure will be sought, by 10 June 2004; and
  3. apply for any delayed disclosure for witnesses by 28 June 2004,

NOTING FURTHER the "Omnibus Order on Matters Dealt with at the Pre-Defence Conference," issued on 17 June 2004, in which the Trial Chamber ordered the Accused forthwith to comply with the Trial Chamberís "Order to the Accused on Protective Measures for Defence Witnesses" issued on 27 May 2004, and to disclose to the Prosecution copies of all exhibits on his Rule 65 ter list by 24 June 2004,

NOTING that, to date, the Accused has produced to the Trial Chamber approximately 1,400 names of the 1,631 witnesses identified on his Rule 65 ter witness list; he has disclosed to the Prosecution 230 witness names, and he has not disclosed any of the exhibits identified in his Rule 65 ter list,

NOTING FURTHER that the Accused has not identified any witnesses for whom he intends to apply for the extraordinary protective measure of delayed disclosure,

CONSIDERING that the Accused must comply with the orders of the Trial Chamber, failing which appropriate sanctions will be considered,

PURSUANT TO Articles 20 and 21 of the Statute and Rules 54 and 75 of the Rules

HEREBY ORDERS AS FOLLOWS:

  1. The Accused will, by 16 July 2004, disclose to the Prosecution and Amici Curiae the identities of all witnesses on the Rule 65 ter (G) witness list, except those for whom the Accused may seek the protective measure of delayed disclosure;
  2. The Accused will, by 16 July 2004, disclose to the Prosecution and Amici Curiae copies of all exhibits on the Accusedís Rule 65 ter (G) exhibit list; and
  3. Should the Accused have difficulty in complying with these orders, he will provide a detailed explanation of such difficulties in writing, by 16 July 2004; and
  4. Should the Accused fail to comply with the above orders, the Trial Chamber will thereafter consider appropriate sanction, including refusal to allow witnesses to be called or exhibits to be tendered.

 

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

___________________________

Judge Robinson Presiding

Dated this sixth day of July 2004
At The Hague
The Netherlands

[Seal of the Tribunal]