THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before: Judge Claude Jorda, President of the Tribunal

Registrar: Mr. Hans Holthuis

Decision of: 5 June 2001

THE PROSECUTOR

v.

MLADEN NALETILIC a/k/a TUTA
and
VINKO MARTINOVIC a/k/a STELA

________________________________________________________

ORDER OF THE PRESIDENT ON THE COMPLAINT OF DEFENCE COUNSEL FOR THE ACCUSED NALETILIC

________________________________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Defence Counsel:

Mr. Kresimir Krsnik

 

I, Claude Jorda, President 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 (hereinafter "the Tribunal"),

NOTING the Complaint addressed to the Registrar on 23 March 2001 (hereinafter "the Complaint");

NOTING the Defence Motion dated 14 March 2001 (hereinafter "the Motion");

PURSUANT to Rule 19 of the Rules of Procedure and Evidence (hereinafter "the Rules"), Article 31 of the Directive on the Assignment of Defence Counsel (hereinafter "the Directive"), Regulation 7 of the Regulations for the Establishment of a Complaints Procedure for Detainees, Rule 67 of the Rules of Detention and Regulation 43 of the Regulations to Govern the Supervision of Visits to and Communications with Detainees;

CONSIDERING that, in accordance with Rule 19 of the Rules and Regulation 7 of the Regulations for the Establishment of a Complaints Procedure for Detainees, the President is authorised to rule on the Motion;

CONSIDERING that the Defence requests that reimbursement for the travel expenses incurred by Counsel for the accused when in the United States to meet potential expert witnesses be authorised;

CONSIDERING that the Defence also requests that the Defence investigator, Stipan Udiljak, be able to hold meetings with the accused, Mladen Naletilic, without being monitored by a member of the Detention Unitís staff;

CONSIDERING that the Defence lastly requests that its investigators, Stipan Udiljak and Petar Lubric, be provided with Tribunal identity cards;

CONSIDERING that the Registrar contends that the travel expenses for the trip to the United States are not reasonable and necessary costs within the meaning of Article 22 of the Directive;

CONSIDERING that, pursuant to Article 31 of the Directive, it is the responsibility of the Registrar in consultation with the President to rule on the issue of the reimbursement of travel expenses;

CONSIDERING that the President is not therefore authorised to rule on the request alone;

CONSIDERING that the Registrar contends that the privilege of confidential communication applies only between Defence Counsel and client;

CONSIDERING that, pursuant to Rule 67 of the Rules of Detention, the privilege of confidentiality applies only to conversations between Defence Counsel and client and therefore does not apply to meetings between investigator and accused;

CONSIDERING moreover that, in accordance with Regulation 43 of the Regulations to Govern the Supervision of Visits to and Communications with Detainees, all visits including those by investigators must be conducted within the sight of the staff of the Detention Unit;

CONSIDERING that the Registrar contends that only those persons whose work requires them to be on the Tribunalís premises may possess identity cards, that is, principally, Defence Counsel, their legal assistants and the interpreters;

CONSIDERING that, like the Registrar, the President is of the view that the nature of the work carried out by the investigators for the accused Naletilic does not warrant access to the Tribunalís premises for them to perform their functions and therefore the issuance of an identity card;

FOR THE FOREGOING REASONS,

STATE that the dispute regarding the reimbursement of the travel expenses falls within the purview of the Registrar to whom I have transmitted my advisory opinion in a Memorandum dated today;

AFFIRM that the decision of the Registry to monitor the meetings between the accused and the investigator, Stipan Udiljak, is justified;

AFFIRM that the decision of the Registry not to issue identity cards to the investigators assigned by the Defence, Stipan Udiljak and Petar Lubric, is justified;

 

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

Done this fifth day of June 2001
At The Hague
The Netherlands

(signed)
___________
Claude Jorda
President

[Seal of the Tribunal]