IN THE TRIAL CHAMBER

Before:
Judge Claude Jorda, Presiding
Judge Mohamed Shahabuddeen
Judge Almiro Simões Rodrigues

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
19 February 1999

THE PROSECUTOR

v.

TIHOMIR BLASKIC


ORDER FOR THE DISCLOSURE OF EVIDENCE


The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Andrew Cayley
Mr. Gregory Kehoe

Defence Counsel:

Mr. Anto Nobilo
Mr. Russell Hayman

 

TRIAL CHAMBER I (hereinafter "the Blaskic 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 (hereinafter "the Tribunal"),

PURSUANT to Articles 20 and 22 of the Statute and Rules 54, 69, and 75 of the Rules of Procedure and Evidence (hereinafter "the Rules");

NOTING the Order of the Judges of the Appeals Chamber regarding the Prosecution’s application for leave to appeal filed on 6 November 1998 dated 4 February 1999 (hereinafter "the Order");

NOTING the Decision of 9 February 1999 rendered by the Trial Chamber seized of the Aleksovski case (hereinafter "the Aleksovski Trial Chamber ") on the Prosecutor’s request that the Blaskic Trial Chamber permit an amendment of certain protective measures (hereinafter "the Decision");

NOTING the Application of the Prosecutor dated 12 February 1999 seeking an amendment of the protective measures ordered by the Blaskic Trial Chamber for a confidential witness who appeared in closed session on 16 March 1998 (hereinafter "the Witness");

CONSIDERING that the parties to the Blaskic trial agreed to allow Judge Rodrigues to participate in the issuance of the present Order, even though he is the Presiding Judge of the Aleksovski Trial Chamber;

CONSIDERING that, pursuant to the Order of the Appeals Chamber, the Trial Chamber seized of the Aleksovski case (hereinafter "the Aleksovski Trial Chamber") wishes to obtain the disclosure under seal of the testimony of the Witness and reserves for itself the right to disclose that document to the Defence of the accused Aleksovski;

CONSIDERING that the Blaskic Trial Chamber does not object to the Judges seized of another case taking cognisance of the confidential evidence presented in the Blaskic case;

CONSIDERING that the Blaskic Trial Chamber has no objection to the Judges of the Aleksovski Trial Chamber disclosing the said documents to the Defence of the accused Aleksovski, if it deems it necessary, provided that the protective measures ordered by the Blaskic Trial Chamber for the Witness continue to apply in the Aleksovski Trial Chamber, subject to any additional measures which the Aleksovski Trial Chamber may consider appropriate to order;

FOR THE FOREGOING REASONS,

The Trial Chamber,

ORDERS that the protective measures granted to the Witness in the Blaskic case shall apply mutatis mutandis in the Aleksovski case;

REQUESTS that the Registry disclose confidentially and ex parte to the Aleksovski Trial Chamber the transcripts of the testimony given in closed session by the Witness in the Blaskic case on 16 March 1998 at 15.45 hours (pages 5252 to 5435 of the provisional French version)

AUTHORISES the Aleksovski Trial Chamber to disclose the said transcripts to the Defence of the accused Aleksovski, if it deems this necessary, subject to the aforementioned protective measures;

ORDERS moreover that, in such a case, the Aleksovski Trial Chamber give the Witness a pseudonym other than the one assigned to him in the Blaskic case.

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

Done this nineteenth day of February 1999
At The Hague
The Netherlands
(Signed)

_____________________
Claude Jorda
Presiding Judge Trial Chamber I

(Seal of the Tribunal)