IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Antonio Cassese
Judge Florence Ndepele Mwachande Mumba
Registrar: Dorothee de Sampayo Garrido-Nijgh
Decision of: 12 May 1998
PROSECUTOR
v.
MILAN KOVACEVIC
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DECISION ON PROSECUTION MOTION TO PROTECT VICTIMS AND WITNESSES
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Office of the Prosecutor:
Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan
Counsel for the Accused:
Mr. Dusan Vucicevic
Mr. Anthony DAmato
THE TRIAL CHAMBER
NOTING the Motion To Protect Victims And Witnesses filed by the Office of the Prosecutor ("Prosecution") on 20 April 1998 ("the Prosecution Motion") requesting protective measures for all victims and witnesses who might be called to appear during the trial, the Defence Reply to the Prosecution Motion filed on 1 May 1998 ("the Defence Reply") in which the Defence made various requests for relief, including: (a) a request for pre-trial interviews with Prosecution witnesses; (b) an order that the Prosecution reveal whether any Prosecution witness has received psychiatric or psychological treatment or counselling; and (c) disclosure of any interrogation, counselling, financial or other support provided to the Prosecution witnesses by state security and intelligence services or social and religious organizations; and the Reply To The Defence Reply and Response To Motion For Relief Contained In The Defence Reply, both filed by the Prosecution on 7 May 1998 with leave of the Trial Chamber,
NOITNG that the Prosecution has agreed to approach its witnesses and enquire as to their willingness to give pre-trial interviews to the Defence and to enquire as to whether they have received psychiatric or psychological treatment or counselling and to convey that information to the Defence,
HAVING HEARD the arguments of the parties on 11 May 1998 and having reserved its Decision on both the Prosecution Motion and the requests contained in the Defence Reply to a later date,
CONSIDERING the obligation on the Trial Chamber to provide for the protection of victims and witnesses mandated by Article 22 of the Statute of the International Tribunal ("Statute") and by Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
CONSIDERING ALSO that in the case of Prosecutor v. Delalic et al, Case No. IT-96-21, in a decision of Trial Chamber II dated 18 March 1997, it was held that the Defence does not have any right to obtain information concerning Prosecution witnesses for the purpose of conducting pre-trial interviews, this Trial Chamber endorses that Decision, as there is no right to conduct such interviews: no such right is reflected in Article 21 of the Statute or in Article 14 of the International Covenant on Civil and Political Rights and, as such, the conduct of interviews in these circumstances does not form part of the practice of the International Tribunal, even when acceded to by the Prosecution,
CONSIDERING FURTHER that there is a danger that pre-trial interviews may add further to the distress of victims and witnesses,
PURSUANT to Article 22 of the Statute and to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY GRANTS THE PROSECUTION MOTION, REFUSES THE RELIEF SOUGHT IN THE DEFENCE REPLY, AND ORDERS as follows:
For the purposes of this Decision, the term "public" does not include those entities or persons who are assisting the accused, his counsel or the Prosecutor in the preparation of their cases.
Done in English and French, the English text being authoritative.
_________________________
Richard May
Presiding Judge
Dated this twelfth day of May 1998
At the Hague
The Netherlands
[Seal of the Tribunal]