Decision of Trial Chamber I to call Colonel Amir Kubura as a Witness of the Trial Chamber

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:
21 May 1999

THE PROSECUTOR

v.

TIHOMIR BLASKIC

___________________________________________________________________________

DECISION OF TRIAL CHAMBER I
TO CALL COLONEL AMIR KUBURA AS A WITNESS OF THE TRIAL CHAMBER

___________________________________________________________________________

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 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"),

NOTING the Decision of 25 March 1999 in respect of the appearance of the commanders of the 7th Brigade of the Army of Bosnia and Herzegovina;

NOTING the correspondence from the Embassy of Bosnia and Herzegovina in The Hague, dated 19 May 1999, which inter alia confirms that Colonel Amir Kubura (hereinafter "the Witness") has agreed to testify before the Tribunal;

NOTING the correspondence from the Federal Ministry of Defence of the Federation of Bosnia and Herzegovina, dated 11 May 1999, which indicates, inter alia, that the Witness has agreed to testify before the Tribunal;

CONSIDERING that no application for protective measures has been submitted to the Trial Chamber,

FOR THE FOREGOING REASONS,

ORDERS Colonel Amir Kubura to appear as witness before the Trial Chamber on 18 June 1999 at 14:00 hours and states that the hearing may, if necessary, continue on the first appropriate following day;

STATES that the testimony shall inter alia cover:

1) the organisation and the command structure of the 7th Brigade of the Army of Bosnia and Herzegovina;

2) its deployment on the ground and its range of action;

3) the course of the Croat-Muslim conflict in central Bosnia from August 1993 to late January 1994, and the consequences thereof;

3) the Witness’ perception of the accused’s personality both professionally and personally;

STATES that the Witness shall first make a spontaneous statement and that, although he may assist himself by relying on notes, he should not read a prepared statement; and INVITES the Witness to note that his spontaneous statement should not exceed one hour insofar as possible and that the parties shall each have about half an hour to put their questions to him;

ORDERS that the scope of the questions asked by the Prosecutor and the Defence be limited to the scope of the Witness’ initial statement with the Trial Chamber reserving for itself the right to settle any dispute in that respect;

AUTHORISES the Witness to inform the Judges that the requested information is, wholly or in part, confidential;

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

Done this twenty-first day of May 1999

At The Hague

The Netherlands

/signed/

Claude Jorda

Presiding Judge Trial Chamber I

(Seal of the Tribunal)