IN THE TRIAL CHAMBER

Before: Judge David Anthony Hunt, Pre-Trial Judge

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 27 January 2000

PROSECUTOR

v.

MOMIR TALIC
RADOSLAV BRDANIN

___________________________________________________________

SCHEDULING ORDER
ON THE
CONFIDENTIAL PROSECUTION MOTION FOR PROTECTIVE MEASURES OF 10 JANUARY 2000

___________________________________________________________

The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Michael Keegan

Counsel for the Accused Talic:

Mr. Xavier de Roux
Mr. Michel Pitron

Counsel for the Acccused Brdjanin:

Mr. John Ackerman

 

I, David Anthony Hunt, Pre-Trial Judge of Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia;

NOTING the Prosecutor’s confidential "Motion for Protective Measures" of 10 January 2000 ("Motion") in which she asks for protective measures alleging earlier events in the last two years when witnesses and victims had been been interfered with or even intimidated;

NOTING ALSO that Counsel for the accused Brdjanin has filed a "Response to Prosecutor’s Confidential Motion for Protective Measures" ("Brdjanin Response") on 25 January 2000, in which he takes issue with two protective measures requested by the Prosecution, namely

  1. the redaction of the names and whereabouts of the witnesses from their statements, and
  2. the requirement that the Defence return all non-public material at the end of the proceedings, provided it has not become part of the public record, to the Tribunal’s Registry;

CONSIDERING that the "Brdjanin Response" argues that the Prosecutor establishes a "presumption of obstruction of justice" on the part of the Defence, and emphasises that the names and addresses of the witnesses are necessary to conduct a proper investigation;

CONSIDERING FURTHER that the rights of the accused to an effective defence, the freedom and independence of the legal profession and the presumption that attorneys will abide by the ethical standards of advocacy, and more specifically the Code of Conduct for Defence Counsel Appearing Before the Tribunal, demand that clear indicators must be shown by the Prosecution as to why it should be feared that counsel in a particular case will violate their professional obligations and the duties arising under the Tribunal’s Rules of Procedure and Evidence or orders of a Trial Chamber;

AND CONSIDERING furthermore that a Trial Chamber of the Tribunal already declared earlier that the request to return all material disclosed for the purposes of preparation for trial is not in keeping with the usual practice of the Tribunal or domestic jurisdictions, especially as long as non-disclosure orders are still in place;

HEREBY ORDER:

  1. The Prosecutor shall elaborate further on the need for the measures mentioned above under a) and b) in this particular case within 14 days of receipt of this order.
  2. The Prosecution is advised that there is no need for the reply to be filed confidentially.
  3. The confidentiality of the "Motion" is hereby lifted.

_________________
Judge David Hunt
Pre-Trial Judge

Dated this twenty-seventh day of January 2000
At The Hague
The Netherlands

[Seal of the Tribunal]