IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
7 March 2000

PROSECUTOR

v.

Blagoje SIMIC
Milan SIMIC
Miroslav TADIC
Stevan TODOROVIC
Simo ZARIC

________________________________________________________________

ORDER ON DEFENCE REQUESTS FOR JUDICIAL ASSISTANCE FOR THE PRODUCTION OF INFORMATION

________________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Ms. Suzanne Hayden
Ms. Nancy Paterson

Counsel for the Accused:

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Laszarevic, for Simo Zaric

 

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 an ex parte "Notice of Motion for Judicial Assistance" in connection with the Stabilisation Force ("SFOR") or other military and security forces operating on the territory of Bosnia and Herzegovina ("the Application to SFOR"), filed by the Defence for the accused, Stevan Todorovic, on 24 November 1999, and a "Motion pursuant to Rule 73 Compelling the Prosecutor to Allow Discovery & Inspection Pursuant to the Provisions of Rule 66 (B)" filed by the Defence for Stevan Todorovic on 6 December 1999 ("the Application to the Prosecution"), both of which seek the assistance of the Trial Chamber in obtaining information and documents in connection with the evidentiary hearing to be held on a "Motion for an order directing the Prosecutor to forthwith return the accused Stevan Todorovic to the country of refuge" and "Accused Stevan Todorovic’s Petition for a Writ of Habeas Corpus", both filed by the Defence for Stevan Todorovic on 21 October and 15 November 1999 respectively (together "the Motions for release"),

NOTING the response of the Office of the Prosecutor ("Prosecution") to the Application to the Prosecution and to the Application to SFOR, filed on 8 December 1999, objecting to the relief sought,

NOTING that the Trial Chamber has granted leave to the Defence for Stevan Todorovic to present, and has commenced the hearing of, evidence in relation to the Motions for release,

NOTING the latest submissions from the Prosecution and the Defence for Stevan Todorovic concerning the Application to the Prosecution filed on 22 and 29 February 2000, respectively,

NOTING also that certain of the requests contained in the Application to the Prosecution and in the Application to SFOR are duplicative of each other and that the Trial Chamber heard the oral arguments of the parties on a similar request made by the Defence for Stevan Todorovic in March 1999,

CONSIDERING, however, that the Defence for Stevan Todorovic has made a prima facie showing both that the requested evidence is in the custody or control of the Prosecution, has identified expressly and precisely the "legitimate forensic purpose" for which access is sought, and has demonstrated to the satisfaction of the Trial Chamber that production of the material sought is likely to assist materially in the presentation of the case in the Motions for release,

FOR THE FOREGOING REASONS

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY ORDERS as follows:

  1. The Prosecution shall, no later than Tuesday 4 April 2000, disclose to the Defence for Stevan Todorovic:
  1. Copies of all correspondence and all reports by SFOR relating to the apprehension of the accused, Stevan Todorovic, insofar as such correspondence or reports are in the control or custody of the Prosecution;
  2. the original or a copy of all audio and video tapes made by SFOR on 27 September 1998 of the initial detention and arrest of the accused, Stevan Todorovic, at the Tuzla Air Force base, if such tape is in the custody or control of the Prosecution;
  3. the original or a copy of all audio and video tapes made by the Prosecution on 26 or 27 September 1998 of the detention and arrest of the accused, Stevan Todorovic, at the Tuzla Air Force base;
  4. copies of all SFOR pre- and post-arrest operations reports relating to the arrest and detention of the accused, Stevan Todorovic, within the custody or control of the Prosecution;
  5. the identity, if known, of the individual or individuals who transported the accused, Stevan Todorovic, by helicopter to the Tuzla Air Force base, Bosnia and Herzegovina, on or about 26 and 27 September 1998;
  6. the identity, if known, of the individual or individuals who placed the accused, Stevan Todorovic, under arrest and who served the arrest warrant issued by the International Tribunal on the accused, Stevan Todorovic, on or about 28 September 1998; and
  7. the identity of the individual who represented the Office of the Prosecutor at the arrest of the accused, Stevan Todorovic, on or about 26 and 27 September 1998;
  1. the Prosecution shall by Tuesday 4 April 2000 notify the Trial Chamber of such disclosure or shall indicate to both the Trial Chamber and the Defence for Stevan Todorovic if such material is not within its custody or control, or if the identities of the persons referred to in paragraphs (e) and (f) are not known to the Prosecution; and
  2. the Defence for Stevan Todorovic shall by Tuesday 18 April 2000 inform the Trial Chamber of the steps that it has taken pursuant to Rule 54 bis of the Rules of Procedure and Evidence of the International Tribunal to obtain from SFOR, or other military and security forces operating on the territory of the Federation of Bosnia and Herzegovina, any of the documents or information not provided by the Prosecutor.

The Trial Chamber remains seised of the Applications.

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

___________________________
Patrick Robinson
Presiding

Dated this seventh day of March 2000
At The Hague
The Netherlands

[Seal of the Tribunal]