BEFORE THE TRIAL CHAMBE

Before:
Judge Liu Daqun, Presiding
Judge Almiro Rodrigues
Judge Fouad Riad

Registrar:
Mr. Hans Holthuis

Order of:
31 August 2001

PROSECUTOR

v.

MLADEN NALETILIC aka "TUTA"

and

VINKO MARTINOVIC aka "STELA"

___________________________________________________________

DECISION ON PROSECUTORíS MOTION TO PERMIT INVESTIGATORS TO FOLLOW THE PROCEEDINGS

___________________________________________________________

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 (hereafter "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 (hereafter "the Tribunal"):

BEING SEISED of the "Prosecutorís Motion to Permit Investigators to Follow the Proceedings (Rule 90(D))" (hereafter "the Motion"), filed 8 August 2001;

CONSIDERING the "Defenceís Response to the Prosecutorís Motion to Permit Investigators to Follow the Proceedings (Rule 90(D))" (hereafter "the Response"), filed by Naletilic on 14 August 2001;

CONSIDERING the "Declaration with Respect to the Prosecutorís Motion to Permit Investigators to Follow the Proceedings (Rule 90(D))" (hereafter "the Declaration"), filed by Martinovic on 24 August 2001;

NOTING that in the Motion the Prosecution specifies the five lead investigators who it requests may be present and follow proceedings in the courtroom whilst assisting Prosecution counsel;

NOTING that in the Motion the Prosecution request that the five named investigators not be thereafter precluded from being called as witnesses on the ground that they have been following proceedings in the case;

NOTING that in the Motion the Prosecution indicates that it is presently contemplated that at least one investigator will be called as a Prosecution witness;

NOTING that in the Response the accused Naletilic indicates that he does not object to the five lead investigators being permitted to following proceedings in the courtroom;

NOTING that in the Response the accused Naletilic does, however, object to investigators being called to give evidence as to what they have been told from other potential witnesses, namely hearsay evidence;

NOTING that in the Declaration the accused Martinovic indicates that he is strongly opposed to the presence of an investigator in the courtroom if that investigator is to give evidence as part of the Prosecution case;

NOTING that Rule 90(D) of the Rules of Procedure and Evidence ("the Rules") stipulates that, upon order of the Chamber, an investigator in charge of a partyís investigation shall not be precluded from being called as a witness on the ground that he or she has been present in the courtroom during the proceedings;

CONSIDERING that pursuant to Rule 89(C) of the Rules hearsay statements that are relevant and found to have probative value are admissible;

NOTING that it should be possible to accommodate the concerns of all parties if the investigators who the Prosecution intend to call as witnesses are called as the first witnesses in the Prosecutionís case;

NOTING that if at a later stage in the trial, an investigator who has been present in court during the testimony of another witness is required to give evidence, it will be possible for the Prosecution, at that stage, to seek an order from the Chamber permitting their testimony;

FOR THE FOREGOING REASONS

HEREBY ORDERS that:

  1. The Prosecution should call any investigators who they wish to be present in court during proceedings as the first witnesses in their case; and
  2. If at a later stage in the trial, an investigator who has been present in court during the testimony of another witness is required to give evidence, the Prosecution should seek an order from the Chamber explaining why that investigators testimony is necessary and why they were not called as one of the first witnesses in the case.

 

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

Dated this thirty-first day of August 2001,
At The Hague,
The Netherlands

_________________________________
Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]