Case No. IT-04-82-PT

IN TRIAL CHAMBER II

Before:
Judge Albin Eser, Pre-Trial Judge

Registrar:
Mr. Hans Holthuis

Decision of:
28 April 2005

PROSECUTOR

v.

Ljube BOSKOSKI
Johan TARCULOVSKI

________________________________________

INTERIM DECISION ON PROSECUTIONíS MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

________________________________________

Counsel for the Prosecutor:

Kenneth Scott
William Smith

Accused/Counsel for the Accused:

Ljube Boskoski
Antonio Apostolski for Johan Tarculovski

 

I, Albin Eser, Pre-Trial Judge in this case Trial Chamber II 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 ("Tribunal");

BEING SEIZED OF "Prosecutionís Motion for Protective Measures for Victims and Witnesses with Confidential and ex parte Annex A", filed partly confidential and ex parte on 22 April 2005 (Motion"), in which the Prosecution requests pre-trial protective measures, including redaction in material to be disclosed under Rule 66(A)(i) of the Rules of Procedure and Evidence ("Rules");

NOTING that the Prosecution has until 1 May 2005 to provide the two accused with the supporting material, as required by Rule 66(A)(i) of the Rules;

NOTING that the Registry has indicated that Ljube Boökoski has not, to this date, formally appointed or been assigned Counsel;

NOTING that pursuant to Rule 126bis of the Rules, unless otherwise ordered, a response, if any to a motion by a party shall be filed within fourteen days of the filing of the motion;

CONSIDERING that the two accused shall have the possibility of exercising their right to respond to the Motion before the Chamber takes its decision;

CONSIDERING that it is in the interest of justice that the Prosecution respects its obligations and that the defence is provided with the supporting material without delay;

FOR THE FOREGOING REASONS

PURSUANT TO Rules 54, 65ter, 66(A)(i) and 126bis of the Rules;

DECIDE, in the interim, until the Chamber, as a whole, has issued its decision on the Motion,

that:

(1) the Prosecution should meet their disclosure obligations, and in doing so may redact as requested:

(a) all information which discloses, or might lead to the disclosure of, the current whereabouts of the maker of the any such document and /or his or her family;

(b) all information contained within such documents which discloses, or might lead to the disclosure of, the current whereabouts of other individuals named within them who have made witness statements which the Prosecution has already disclosed or which it intends to disclose; and

(c) all information contained within such documents which discloses, or might lead to the disclosure of, the current whereabouts of other individuals who are named in such documents, other than those individuals who are described in any document as having been present at any of those events referred to in the documents which are or which may be relevant to the issues in the trial, and

(2) that the Boskoski Defence and the Tarculovski Defence (including the accused, defence counsel, legal assistants, staff and other persons being part of the Defence) may not in any way, either directly or indirectly, disclose to the public (including the media) any of the material (including, without limitation, witness testimony or statements) nor the identity of any witness or group of witnesses (expressly or by implication) provided to them by Prosecution, except as reasonably necessary to allow them to prepare for and participate in these proceedings and present a defence or as such material may become public in the course of public and open session proceedings in this case.

REQUEST that the Prosecution file a notice of its compliance with Rule 66(A)(i) of the Rules;

ORDER that, taking into consideration that Ljube Boskoski still has not appointed or been assigned Counsel, the deadline provided for in Rule 126bis of the Rules for the filing of a response to the Motion will run equally for both accused from the time that Ljube Boskoski is represented by Counsel;

INSTRUCT the Registry to inform Ljube Boskovskiís appointed or assigned Counsel of this decision and to provide him or her with the Motion.

 

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

Dated this twenty-eighth day of April 2005,
At The Hague
The Netherlands

_________________________
Judge Albin Eser
Pre-Trial Judge

[Seal of the Tribunal]