Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
6 July 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
ORDER TO THE ACCUSED ON COMPLIANCE WITH DISCLOSURE OBLIGATIONS
__________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff
The Accused
Mr. Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack
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 a "Prosecution Motion for Order Concerning the
Accused’s Continued Non-Compliance with Trial Chamber Orders", filed by
the Prosecution on 29 June 2004, in which the Prosecution notes the non-compliance
of the Accused with the Trial Chamber’s orders concerning the provision of witness
names and exhibits to the Prosecution under
Rule 65 ter and requests that the Trial Chamber require the Accused to
comply with its prior orders or face sanction,
NOTING that the effect of the submissions of the Accused at the hearing on 5 July 2004 is that he does not intend to disclose the names of the witnesses on his Rule 65 ter witness list other than those he believes he should disclose,
NOTING the response of the Prosecution that, if the Accused continues to breach the orders, the Trial Chamber should impose the sanction of disallowing him from calling witnesses he does not name to the Prosecution in a short period of time,
CONSIDERING, for the avoidance of doubt, that the Trial Chamber has required no more of the Accused than it required of the Prosecution,
NOTING the "Order to the Accused on Protective Measures for Defence Witnesses", issued on 27 May 2004, in which the Accused was ordered, inter alia, to:
NOTING FURTHER the "Omnibus Order on Matters Dealt with at the Pre-Defence Conference," issued on 17 June 2004, in which the Trial Chamber ordered the Accused forthwith to comply with the Trial Chamber’s "Order to the Accused on Protective Measures for Defence Witnesses" issued on 27 May 2004, and to disclose to the Prosecution copies of all exhibits on his Rule 65 ter list by 24 June 2004,
NOTING that, to date, the Accused has produced to the Trial Chamber approximately 1,400 names of the 1,631 witnesses identified on his Rule 65 ter witness list; he has disclosed to the Prosecution 230 witness names, and he has not disclosed any of the exhibits identified in his Rule 65 ter list,
NOTING FURTHER that the Accused has not identified any witnesses for whom he intends to apply for the extraordinary protective measure of delayed disclosure,
CONSIDERING that the Accused must comply with the orders of the Trial Chamber, failing which appropriate sanctions will be considered,
PURSUANT TO Articles 20 and 21 of the Statute and Rules 54 and 75 of the Rules
HEREBY ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
___________________________
Judge Robinson Presiding
Dated this sixth day of July 2004
At The Hague
The Netherlands
[Seal of the Tribunal]