BEFORE TRIAL CHAMBER I SECTION A
Before: Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra
Registrar: Mr. Hans Holthuis
Decision of: 12 November 2002
MLADEN NALETILIC aka "TUTA"
VINKO MARTINOVIĆ aka “STELA"
DECISION ON THE DECLARATION OF VINKO MARTINOVIC’S
DEFENCE OF 4 NOVEMBER 2002
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic
TRIAL CHAMBER I, SECTION A ("the 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 ("the Tribunal");
BEING SEISED OF the "Declaration of Vinko Martinović’s Defence on the Trial Chamber’s Order of 22 October 2002” filed on 4 November 2002 (“the Declaration”), whereby the Defence informs the Trial Chamber that “the public version of the closing brief in the case of Vinko Martinović’s Defence is identical to the confidential version as filed in with the Trial Chamber on 23 October 2002";
NOTING the "Prosecutor’s Response to ‘Declaration of Vinko Martinović’s Defence on the Trial Chamber’s Order of 22 October 2002’”, filed confidentially on 8 November 2002 (“the Response”), whereby the Prosecution notes that the references in paragraphs 116 and 181 of the “Final Trial Brief in the Defence Vinko Martinović”, filed confidentially on 23 October 2002 (“the Final Brief”), regarding the testimony of Witness MM "contain information which may reveal the identity of Witness MM, who testified in closed session";
RECALLING the Chamber’s "Decision on Confidentiality of Final Trial Briefs", issued on 22 October 2002, whereby the Chamber orders that a public redacted version of the final brief is filed no later than 4 November 2002;
HEREBY ORDERS that the Defence for Vinko Martinovic redacts the paragraphs containing confidential information or information that might reveal the identity of protected witnesses, including paragraphs 116 and 181 of the Final Brief and files its public redacted version of the final brief no later than 18 November 2002.
Done in both English and French, the English version being authoritative.
Dated this twelfth day of November 2002,
At The Hague,
Judge Liu Daqun
[Seal of the Tribunal]