Case No. IT-02-60-PT


Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius

Mr. Hans Holthuis

Decision of:
20 March 2003







The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. David Wilson and Mr. Dusan Slijepcevic for Dragan Obrenovic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
Mr. Veselin Londrovic and Mr. Stefan Kirsch for Momir Nikolic


TRIAL CHAMBER II ("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 ("Tribunal"),

BEING SEISED OF "Prosecutionís Motion for Leave to Amend Witness List," filed under seal on 27 February 2003 ("Motion"), in which the Prosecution seeks leave to add eight witnesses to its witness list,

NOTING that none of the Accused in this case filed a Response to the Motion,

NOTING that the Prosecution filed its initial witness list on 1 November 2002, pursuant to Rule 65 ter (E)(ii) of the Rules of Procedure and Evidence of the Tribunal ("Rules"),1 and its public, amended witness list on 8 November 2002,2 and that the public, amended witness list includes 123 persons,

NOTING that there are a limited number of additional protected witnesses,

NOTING FURTHER that the Trial Chamber granted a prior Prosecution motion to supplement its witness list to add ten witnesses,3

NOTING that through the Motion the Prosecution seeks to add five fact witnesses, for whom it has pledged to disclose "all statements and information reports in its possession pertaining to these witnesses by the Court-imposed deadline of 28 February 2003," and for whom it attached witness summaries to the Motion, in compliance with Rule 65 ter (E)(ii)(b) of the Rules,

NOTING that the Prosecution submits that it intends to call all of the proposed fact witnesses pursuant to Rule 92 bis,

NOTING FURTHER that through the Motion the Prosecution seeks to add three expert witnesses, for whom it has previously disclosed expert reports pursuant to Rule 94 bis,

CONSIDERING that the Prosecution submits that the testimony to be provided by these witnesses is "critical to the Trial Chamberís understanding of the issues raised in the Indictment", and that the Trial Chamberís review of the summaries of the proposed witnesses confirms that their testimony is relevant to crimes and events alleged in the Amended Joinder Indictment of 27 May 2002,

CONSIDERING that the Defence is in possession of the reports of the three proposed expert witnesses,

CONSIDERING that the Defence has an opportunity to state whether it has any objections to the three expert reports or wishes to cross-examine the experts,4

CONSIDERING that, pending the responses from the Defence to the reports submitted by the Prosecution, the Trial Chamber will not take a position on the admission of the reports at this stage, but for the purposes of the Motion, is concerned only with the relevance of the proposed expert witnesses to the crimes and events alleged in the Amended Joinder Indictment of 27 May 2002,

CONSIDERING that the Trial Chamber finds the proposed testimony of the three expert witnesses relevant to the crimes and events alleged in the Amended Joinder Indictment of 27 May 2002,

CONSIDERING that more than one month remains before the start of this trial, which is set to commence on 6 May 2003, and that no prejudice to any Accused will result from the addition of eight witnesses to the witness list at this stage of the proceedings,

REMINDING the Prosecution of its disclosure obligations under Rule 66(A)(ii) of the Rules of the Tribunal,

PURSUANT TO Rules 65 ter and 73,

HEREBY GRANTS the Motion and ORDERS that:

  1. The Prosecution file a revised witness list by 31 March 2003; and

  2. The Prosecution to fulfil its obligations under Rule 66(A)(ii) in relation to the additional witnesses by 31 March 2003.

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

Judge Wolfgang Schomburg
Pre-Trial Judge

Dated this twentieth day of March 2003,
At The Hague
The Netherlands

[Seal of the Tribunal]

1. Prosecutionís List of Protected Witnesses and Summaries pursuant to Rule 65ter (E)(iv) [sic], filed under seal 1 November 2002.
2. Prosecutionís Amended, Redacted Witness Summaries Pursuant to Rule 65 ter (E)(ii), 8 November 2002.
3. Decision on Prosecutionís Motion for Leave to Supplement Witness List, 18 February 2003.
4. Order for Filings Related to 92 bis and 92 bis Motions, 20 February 2003.