IN TRIAL CHAMBER II

Before: Judge David Hunt, Pre-Trial Judge

Registrar: Mr Hans Holthuis

Order of: 23 February 2001

PROSECUTOR

v.

RADOSLAV BRÐANIN
MOMIR TALIC

_____________________________________

ORDER

_____________________________________

The Office of the Prosecutor:

Ms Joanna Korner
Mr Nicholas Koumjian
Mr Andrew Cayley
Ms Anna Richterova
Ms Ann Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic

 

THIS TRIAL CHAMBER of the International Criminal 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");

NOTING the "Motion for Protective Measures" filed confidentially by the Office of the Prosecutor ("Prosecution") on 10 January 2000;

NOTING the "Decision on Motion by Prosecution for Protective Measures" issued by this Trial Chamber on 3 July 2000 in which the Trial Chamber ordered, pursuant to paragraph 2 of the orders, that the Prosecutor is required to comply, on or before 24 July 2000 at 4.00 p.m., with her obligations under Rule 66(A)(i) of the Rules of Procedure and Evidence ("Rules") to supply to the accused unredacted copies of the supporting material which accompanied the indictment when confirmation was sought and of all prior statements obtained by her from the accused, provided that unredacted copies of any specific statements or other materials which are the subject of a protective measures motion filed within that period need not be disclosed until that motion is disposed of by the Trial Chamber, and subject to the terms of any order made upon the motion;

NOTING the "Prosecution’s Second Motion for Protective Measures for Victims and Witnesses" filed confidentially by the Prosecution on 31 July 2000 ("Second Motion") in which the Prosecution seeks delayed disclosure of the identity of specified witnesses whose statements were included in the material which accompanied the indictment when confirmation was sought, and that the reasons in support of the application for delayed disclosure with respect to certain of these witnesses were provided on an ex parte basis;

NOTING the "Decision on Motion by Prosecution for Protective Measures" issued by the Trial Chamber on 27 October 2000 pursuant to which certain of the protective measures sought in the Second Motion were granted, and by which the Trial Chamber ordered that:

In relation to the witnesses for whom protective measures have been sought on an ex parte basis, the prosecution is directed to file, on a confidential basis only and without revealing the identity of the witnesses, its justification for non-disclosure of their identity to the accused in such a way that the accused are given sufficient information to enable them to determine whether to opposed the relief sought.

NOTING the "Prosecution’s Justification for its Request for Delayed Disclosure of the Identity of Certain Witnesses" filed confidentially by the Prosecution on 13 December 2000 ("Justification") in which the Prosecution provided on an inter partes basis a limited amount of further information in support of their applications for delayed disclosure of the identity of witnesses which had previously been made on an ex parte basis, and provided further information on an ex parte basis;

NOTING the Status Conference held on 2 February 2001 in which the Presiding Judge indicated that the information provided on an inter partes basis in the Justification was still, in some respects, inadequate to assist the accused to make submissions on the question of the protective measures sought;

NOTING the "Addendum to Prosecution’s Justification for its Request for Delayed Disclosure of the Identity of Certain Witnesses" filed confidentially by the Prosecution on 5 February 2001, in which the Prosecution provided, on an inter partes basis, further information in support of the relevant requests for delayed disclosure of the identity of the relevant witnesses;

NOTING the "Prosecution’s Third Motion for Protective Measures for Victims and Witnesses" filed confidentially by the Prosecution on 31 August 2000 ("Third Motion") in which the Prosecution seeks protective measures in respect of certain witnesses who had made statements which would be disclosed to the defence pursuant to Rule 66(A)(ii) of the Rules and in which some of the information in support of the measures sought was provided on an ex parte basis;

NOTING the "Decision on Third Motion by Prosecution for Protective Measures" issued by the Trial Chamber on 8 November 2000, in which the Trial Chamber ordered, inter alia,:

In relation to the witnesses for whom protective measures have been sought on an ex  parte basis, the prosecution is directed to file, on a confidential basis only and without revealing the identity of the witnesses, its justification for non-disclosure of their identity to the accused in such a way that the accused are given sufficient information to enable them to determine whether to opposed the relief sought.

NOTING the submissions made in relation to the relevant requests for protective measures made in the "Response to the Prosecution Motion for Protective Measures Dated 31 July 2000” filed by counsel for Momir Talic (“Talic”) on 30 August 2000, the “Response to the Reply of the Prosecutor Dated 12 September 2000” filed by counsel for Talic on 20 September 2000, the “Response to the Prosecutor’s Addendum of 5 February 2001” filed by counsel for Talic on 8 February 2001, the “Response to the Prosecution’s Third Motion for Protective Measures Dated 31 August 2000” filed by counsel for Talic on 8 September 2000, the “Response to Prosecution Motion for Protective Measures dated 21 September 2000” filed by counsel for Talic on 10 October 2000 and the “Response to the Prosecution’s Confidential Third Motion for Protective Measures and Request for Leave not to Disclose the Identity of Certain Individuals” filed by counsel for Radoslav Brdanin (“Brdanin”) on 6 September 2000, the “Response to the Fourth Confidential Motion for Protective Measures” filed by counsel for Brdanin on 25 September 2000, and the “Response to Prosecution’s Justification for its Request for Delayed Disclosure of the Identity of Certain Witnesses" 13 February 2001;

CONSIDERING the information provided by the Prosecution on an inter partes and ex parte basis in support of the delayed disclosure of the identities of the relevant witness, and in particular the Prosecution’s statement that "these witnesses either live in, or have relatives currently residing in, or propose to return to, or travel to, municipalities in Republika Srpska which the Office of the High Representative assesses as dangerous";

HEREBY ORDERS THAT in relation to witnesses 7.4, 7.9, 7.15, 7.26, 7.30, 7.42, 7.74 and 7.75, leave is granted to the Prosecution to delay the disclosure of their identities until dates to be fixed, the date for each witness to be determined by either the Trial Chamber or the Pre-Trial Judge at a time when it is known approximately when the trial will commence, by reference to the justifications given by the Prosecution for the delayed disclosure of their identity.

 

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

________________________
Judge David Hunt
Pre-Trial Judge

Dated this 23rd day of February 2001
At The Hague
The Netherlands

[Seal of the Tribunal]