Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
31 January 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_______________________________________
DECISION ON MOTION BY THE DEFENCE FOR MOMCILO KRAJISNIK FOR ACCESS TO CONFIDENTIAL MATERIAL
_______________________________________
Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome
Mr. Mark Harmon
Mr. Alan Tieger
Amici Curiae:
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack
The Accused:
Slobodan Milosevic
Counsel for Momcilo Krajisnik:
Mr. Deyan Brashich
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 ("International Tribunal"),
BEING SEISED of a "Motion by the Krajisnik Defense in Prosecutor v. Momcilo Krajisnik and Biljana Plavsic, IT-39&40-PT for access to closed session testimony, witness statements and transcripts and for documents and things filed under seal", filed by counsel for Momcilo Krajisnik ("Defence") on 22 November 2002 ("the Motion"), and the response filed by the Office of the Prosecutor ("Prosecution") on 6 December 2002,
NOTING that the Defence seeks access to the following types of confidential material in the case of Prosecutor v. Slobodan Milosevic ("the Milosevic proceedings"), insofar as they relate to events in Bosnia and Herzegovina for the period from 1 July to 30 December 1992: (1) closed session testimony of witnesses in relation to the Bosnia phase of the Milosevic proceedings; (2) production of the statements of these witnesses, including transcripts of any interviews with such witnesses, pursuant to Rule 68 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"); and (3) sealed documents and exhibits produced during their testimony,
NOTING that the Prosecution asserts that it has no objection to the Defence being granted access to such closed session testimony and confidential exhibits after redaction by the Registry of those parts which (a) might reveal the identity of any protected person; (b) relate to the period after 30 December 1992; or (c) relate to Croatia or Kosovo, subject to the Defence being ordered not to disclose to the public any confidential material so provided,
NOTING that the Prosecution objects to the production of the statements of any such witnesses on the basis that the Defence is not entitled to such documents under Rule 66 of the Rules, and that it is actively engaged in the ongoing process of reviewing these statements and disclosing to the Defence any material which falls within Rule 68,
CONSIDERING that there is no objection to the provision of the closed session testimony and related exhibits, subject to redaction and an order restricting public disclosure,
PURSUANT to Rule 75 of the Rules,
GRANTS the Motion in part and ORDERS as follows:
Done in both English and French, the English text being authoritative.
______________
Richard May
Presiding
Dated this thirty-first day of January 2003
At The Hague
The Netherlands
[Seal of the Tribunal]