IN THE TRIAL CHAMBER

Before:
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
11 August 1998

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

_____________________________________________________________

ORDER FOR CLARIFICATION OF POSSIBLE
COMMUNICATIONS WITH PROSECUTION WITNESSES

______________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

THIS 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 ("International Tribunal")

BEING SEISED of the Motion to Withdraw the Indictment Against the Accused Vlatko Kupreskic (Official Record at Registry Page ("RP") D1967-D1979), filed by the Defence on 16 July 1998 ("Defence Motion");

NOTING the Trial Chamber’s Decision on the Prosecution Motion to Delay Disclosure of Witness Statements (RP D1118-D1124) filed on 21 May 1998 ("Decision on Witness Statements") in which it was ordered that "Prosecution witnesses shall not be contacted by the accused, their Defence counsel, or others acting on behalf of the accused, including family members, except through the Prosecution" (RP D1119), and the Trial Chamber’s Order for the Protection of Victims and Witnesses (RP D1164-D1166) filed on 16 June 1998;

CONSIDERING the reference to Defence communications with Prosecution witnesses in paragraphs 11 and 12 of the Defence Motion;

CONSIDERING FURTHER the Prosecutor’s Response to Accused Vlatko Kupreskic’s Motion to Withdraw the Indictment (RP D2005-D2007) filed on 23 July 1998;

CONSIDERING FURTHER the Response of the Defence Counsels for the Accused Vlatko Kupreskic to the Prosecutor’s Response to Accused Vlatko Kupreskic’s Motion to Withdraw the Indictment and Motion for Scheduling of a Separate Hearing (RP D2009-D2015) filed 29 July 1998 and the Prosecutor’s Response to Vlatko Kupreskic’s Motion for Scheduling of a Separate Hearing (RP D2066-D2071) filed on 7 August 1998;

EXPRESSING CONCERN that there may have been a contravention of the Chamber’s Decision on Witness Statements;

PURSUANT TO RULE 75,

HEREBY ORDERS that:

  1. By Friday, 14 August 1998 at 13:00 hours the Defence for Vlatko Kupreskic file with the Registry for service on the Trial Chamber and the Prosecution, written clarification as to the precise nature of any communications any person acting on behalf of the accused, Vlatko Kupreskic, including family members, may have had with Prosecution witnesses from 16 June 1998. In this regard, the Defence should list specifically, with respect to each witness contacted, the name of the witness, the name of the individual acting on behalf of the accused with whom the witness had contact, and the location and content of the witness communication.
  2. By Monday 17 August 1998 at 9:30 hours, the Prosecution file notice as to whether any communications identified in paragraph 1 above were authorised pursuant to the Chamber’s Decision on Witness Statements.

 

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

___________________

Florence Ndepele Mwachande Mumba
Judge of the Trial Chamber

Dated this eleventh day of August 1998
At The Hague,
The Netherlands.

[Seal of the Tribunal]