|(Exclusively for the use of the media. Not an official document)||
The Hague, 3 September 1997
Blaskic case - Trial Chamber rejects the defence motion to
preclude testimony of certain prosecution witnesses.
In a Decision dated 25 August 1997, Trial Chamber I (consisting of Judges Jorda, presiding, Riad and Shahabuddeen) rejected the Defence Motion to preclude testimony of certain prosecution witnesses (see PR 218-E).
The Defence filed this motion on 25 June 1997, based upon the alleged Prosecution's violation of the Tribunal's Decision handed down on 27 January 1997. This Decision ordered that "all the previous statements [...] which appear in the Prosecutor's file [...] be disclosed to the Defence immediately", pursuant to Rule 66(A) of the Rules of Procedure and Evidence (see PR 153-E). The Prosecution responded to this Motion on 16 and 18 July 1997, and a hearing in closed session was held on 28 July 1997 to hear the parties on the matter.
Trial Chamber examined this Motion "in the light of its Decision of 27 January 1997", in order to determine whether the requested documents could be considered as "prior statements", namely "all previous statements of the accused which appear in the Prosecutor's file, whether collected by the Prosecution or originating from any other source [...with] no need to draw any distinction between the form or forms which these statements may have". The Chamber rejected the requests of the Defence relating to the communication of maps, personal diaries and a radio log.
Concerning the late discovery of documents by the Prosecutor, the Chamber emphasised "her good faith - which the Defence did not challenge- in attempting to comply with her discovery obligations", before rejecting the request of the Defence.
Finally, the Chamber ordered the Prosecutor to communicate the list of witnesses to be called to the Defence, within a minimum of two working days before their calling.
The full texts of the documents referred to in this Press Release are available
at the Press and Information Office upon request.
International Criminal Tribunal for the former Yugoslavia
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