Case No.: IT-04-84-PT
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser
Registrar:
Mr. Hans Holthuis
Decision of:
3 May 2006
PROSECUTOR
v.
RAMUSH HARADINAJ
IDRIZ BALAJ
LAHI BRAHIMAJ
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DECISION ON MOTIONS ON BEHALF OF IDRIZ BALAJ AND LAHI BRAHIMAJ TO RECEIVE TEN UNREDACTED WITNESS STATEMENTS
___________________________________________
The Office of the Prosecutor:
Mr. Gilles Dutertre
Mr. Philippe Vallieres-Roland
Mr. Anees Ahmed
Accused / Counsel for the Accused:
Ramush Haradinaj
Mr. Ben Emmerson
Mr. Rodney Dixon
Mr. Michael O’Reilly
Idriz Balaj
Mr. Gregor Guy-Smith
Lahi Brahimaj
Mr. Richard Harvey
TRIAL CHAMBER II ("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 ("Tribunal"):
BEING SEIZED OF the "Defence Motion on Behalf of Idriz Balaj for Receipt of Ten Unredacted Witness Statements Pursuant to the Trial Chamber’s Order of 10 April 2006", filed on 21 April 2006 by counsel for Idriz Balaj ("Balaj Defence"), and the "Defence Motion on Behalf of Lahi Brahimaj for Receipt of Ten Unredacted Witness Statements Pursuant to the Trial Chamber’s Order of 10 April 2006", filed on 21 April 2006 by counsel for Lahi Brahimaj ("Brahimaj Defence") ("Motions");
NOTING the Trial Chamber’s confidential "Decision on Prosecution’s Motion for Exceptional Protective Measures for a Potential Witness and on Defence Motion to Lift Redactions on Certain Witness Statements" of 10 April 2006 ("10 April 2006 Decision"), in which the Trial Chamber varied an earlier decision1 and granted the request made by counsel for Ramush Haradinaj ("Haradinaj Defence"), ordering the Prosecution to disclose nine unredacted statements of potential witnesses to the Haradinaj Defence2;
NOTING that both Motions submit that the Trial Chamber should extend the application of the 10 April 2006 Decision to the Balaj and the Brahimaj Defence, and order the Prosecution to disclose these unredacted statements to them as well;
NOTING the "Prosecution’s Response to Defence Motions on Behalf of Idriz Balaj and Lahi Brahimaj for Receipt of Ten Unredacted Witness Statements Pursuant to the Trial Chamber’s Order of 10 April 2006", filed on 27 April, in which the Prosecution does not oppose the Motions;
CONSIDERING that it is in the interests of justice that all three defence teams have access to the same unredacted statements;
PURSUANT to Rules 54, 65ter, 66, 69 and 75 of the Tribunal’s Rules of Procedure and Evidence
GRANTS the Motions and ORDERS as follows:
1. In variation of the Trial Chamber’s Order of 20 May 2005 and as soon as practicable, the Prosecution shall make available to the Balaj Defence and Brahimaj Defence the unredacted witness statements of SST7/03, SST7/05, SST7/06, SST7/07, SST7/11, SST7/12, SST7/13, SST7/23 and SST7/24.
2. Save as is directly and specifically necessary for the preparation and presentation of this case, the Balaj Defence and Brahimaj Defence shall not disclose to any person, organisation or entity other than the Judges of the Tribunal, the staff of the Tribunal’s Registry, and the Prosecution:
(a) the names, identifying information or whereabouts of any of the individuals mentioned in the previous paragraph; or
(b) any evidence (including documentary, physical or other evidence) or any written statement of any of the individuals mentioned in the previous paragraph, or the substance, in whole or part, of any such non-public evidence, statement or prior testimony.
3. If the Balaj Defence or Brahimaj Defence find it directly and specifically necessary to disclose such information for the preparation and presentation of their case, they shall inform each person to whom non-public material or information is shown or disclosed, that he or she is not to copy, reproduce or publicise such statement or evidence, and is not to show or disclose it to any other person. If provided with the original or any copy or duplicate of such material, such person shall return it to the Balaj Defence or Brahimaj Defence when such material is no longer necessary for the preparation and presentation of their case.
Done in English and French, the English version being authoritative.
Dated this third day of May 2006
At The Hague
The Netherlands
____________________________
Carmel Agius
Presiding Judge
[Seal of the Tribunal]