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

Order of:
26 February 2002

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER FOR FURTHER SUBMISSIONS IN RESPECT OF MOTION TO EXEMPT WITNESS STATEMENTS FROM TRIAL CHAMBER’S ORDER OF 21 JANUARY 2002

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Mr. Dirk Ryneveld
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff

 

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 the confidential ex parte "Prosecution’s Motion for Permission to Exempt Four Witness Statements from the Trial Chamber’s Order of 21 January 2002" filed by the Prosecution on 24 January 2002 ("the Motion"), in which the Prosecution seeks exemption for four witness statements from the order for immediate disclosure in one of the working languages of the International Tribunal and an order that the witness statements be disclosed to the amicus curiae 30 days and to the accused 10 days before the witness is expected to testify,

NOTING the Order of the Trial Chamber of 25 January 2002, granting temporary exemption pending determination of the substantive merits of the Motion,

NOTING also its "Decision on Prosecution Motion for Provisional Protective Measures Pursuant to Rule 69", issued in relation to another application in this case on 19 February 2002, in which the Trial Chamber sets out in detail the principles relating to the granting of protective measures and, in particular, paragraphs 24 – 27 thereof,

CONSIDERING that this Motion relates to the obligation of disclosure to the accused and contains only a bare statement by the Prosecution of the concerns raised by the witnesses,

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

HEREBY ORDERS as follows:

  1. subject to operative paragraph (2) below, the Prosecution shall by Tuesday 12 March 2002 file for each witness a statement signed by the witness, or by a staff member of the Office of the Prosecutor who has spoken with the witness, asserting the basis for the concerns expressed and confirming the veracity of the information in the Motion; and

  2. in any event, the Prosecution is required to disclose the unredacted statement, in full, of each witness to the amici curiae not less than 30 days and to the accused not less than 10 days before the witness is expected to testify.

 

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

__________________
Richard May
Presiding

Dated this twenty-sixth day of February 2002
At The Hague
The Netherlands

[Seal of the Tribunal]