"Second Additional Order for a Witness to Appear"

12 March 1999
Trial Chamber I (Judges Jorda [Presiding], Rodrigues and Shahabuddeen)

Introduction

The present Order was issued in the context of proceedings ongoing since January 1997. The issue at hand is the production of documents by Croatia for the benefit of the Prosecution’s case in the Blaskic   trial. At this stage of the trial, the Trial Chamber still deemed it necessary to hear Croatia’s arguments regarding its national security concerns insofar as they would preclude compliance with an earlier Order for the production of the required documents.

The Trial Chamber considered its Orders of 5 November 19981 and 25 November 1998 as well as a confidential report by its Legal Officer. It also noted a letter by Counsel for Croatia addressed to the Legal Officer in respect of Croatia’s choice of a major in its armed forces acting as an advisor at headquarters to present Croatia’s concerns. The Trial Chamber also considered the Legal Officer’s report regarding the Major’s request that he be assisted by another person and whether these persons are available to appear before the Trial Chamber.

The Order

In order to allow the Major to appear as a witness, pursuant to Article 29 of the Statute and Rule 54 of the Rules of Procedure and Evidence, the Trial Chamber ordered that an ex parte   hearing be held on 19 March 1999. A qualified representative of Croatia was also permitted to be present at the hearing and to make a statement under the supervision of the Trial Chamber.

The Order specified that the hearing would be closed to the public only if so requested by the parties. As regards the ex parte   character of the hearing, the Prosecutor was allowed to be present at least until her arguments had been presented and debated. At a later stage and further to a request by the witness or Croatia’s qualified representative, the Trial Chamber might decide to continue the hearing without the Prosecutor.

The Trial Chamber requested that the Registrar provide a copy of the Order to the Embassy of Croatia in The Netherlands as well as "to any authority which might permit or facilitate, if necessary, the arrival of [the] Major [...] and his assistant in The Hague."

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1. See  Bulletin Judicial Supplement No. 1: "Order for a Witness to Appear", 5 November 1998.

25 March 1999
Trial Chamber I (Judges Jorda [Presiding], Rodrigues and Shahabuddeen)

Introduction

The Trial Chamber having heard the main Defence and Prosecution witnesses, the trial of Tihomir Blaskic is nearing its conclusion. "[I]n order to ascertain the truth in respect of the crimes" alleged, however, the Trial Chamber considered it "absolutely necessary" to hear a number of additional witnesses.

The Order

Resorting to the proprio motu powers granted to it under Rule 98 of the Rules of Procedure and Evidence, the Trial Chamber ordered the appearance of the following persons as witnesses: Colonel Stewart, Commander of the UNPROFOR British battalion during the time period covered by the indictment; General Philippe Morillon, UNPROFOR Commander during the time period covered by the indictment; Mr. Jean-Pierre Thebault, Head of the European Community Monitoring Mission during the time period covered by the indictment; General Enver Hadzihasanovic, Commander of the 3^rd Corps of the Army of Bosnia and Herzegovina during the time period covered by the indictment; Colonel Serif Patkovic and the successive commanders of the Seventh Muslim Brigade of the Army of Bosnia and Herzegovina during the time period covered by the indictment; and General Milijov Petkovic, Commander of the General Staff of the Croatian Defence Council  (HVO) during the time period covered by the indictment.

The Trial Chamber ordered that the witnesses’ appearance take place before the Defence and Prosecution closing arguments, that is, before the end of June 1999, at a date and time to be communicated by the Registry.

Pursuant to Rule 75, the Trial Chamber ordered that if the witnesses desire protective measures or assistance they may so request the Registrar. Should she consider this necessary, the Registrar may address the Trial Chamber so that it may make the necessary arrangements. The Registrar was further requested to make any appropriate arrangements for the witnesses to appear, if necessary in co-operation with the Victims and Witnesses Unit.

With a view to ensuring the appearance of the witnesses and inter alia  to informing them appropriately, the Trial Chamber ordered the parties to the trial as well as the authorities of the United Kingdom of Great Britain and Northern Ireland, France, the Republic of Bosnia and Herzegovina, and the Republic of Croatia to co-operate fully with the Registrar. The Registrar was requested to submit a copy of the Decision to the Embassy of the said States in The Hague and, if necessary, to any authority which might permit or facilitate the witnesses’ appearance.

The parties to each case were further ordered to provide confidentially and ex parte  all statements by the witnesses and all materials relevant to the indictment produced or annotated by them. The Registrar was requested to provide the witnesses with a copy of the indictment.

Further to Sub-rule 90(G), the Trial Chamber ordered how the witnesses’ deposition was to take place. It stated that each witness "... shall testify freely about the matters of which he had knowledge that occurred within the scope of his then mission and that relate to the acts with which the accused has been charged as they appear in the indictment; he shall answer the questions put to him by the Judges". Furthermore, both parties to each case were granted the right to question the witnesses during the same limitedamount of time within the scope of their earlier statements at the hearing, and under the control of the Chamber. At the hearing the witnesses will not be permitted to read a prepared statement but will be allowed to rely on personal notes.