IN THE TRIAL CHAMBER

Before:
Judge Almiro Simões Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
26 November 1999

THE PROSECUTOR

v.

MLADEN NALETILIC
VINKO MARTINOVIC

______________________________________________________________

ORDER IN RESPECT OF THE PROSECUTION MOTION
TO EXTEND THE DEADLINE FOR DISCLOSURE OF NAMES AND STATEMENTS OF CERTAIN WITNESSES

______________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier

Defence Counsel:

Mr. Branko Seric

 

TRIAL CHAMBER I 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;

NOTING the "Motion to Extend Deadline for Disclosure of Names and Statements of Certain Witnesses" filed by the Prosecutor on 19 November 1999 ("Motion");

NOTING the "Order in Respect of the Prosecution Motion for Protective Measures" issued by this Chamber on 12 November 1999 ("Order of 12 November 1999"), which requires the Prosecutor to disclose to the Defence by 30 November 1999 (a) the identity of the witnesses contained in the material supporting the indictment, including the identity and prior statements of witnesses "B" and "M" and (b) the list of witnesses she intends to call at trial and their translated statements;

PURSUANT to Articles 20 and 22 of the Statute and Rules 54, 66, 68, and 75 of the Rules of Procedure and Evidence;

CONSIDERING that the Prosecutor has asked for an extension of the deadline for some of the disclosures until 30 January 2000;

CONSIDERING that the Prosecutor states that she will not be able to contact witnesses "B" and "M" by 30 November 1999 to inform that their identities will be disclosed to the Defence and to explain to them the protective measures now in place to prevent further unwarranted public disclosure;

CONSIDERING that the Prosecutor states that fourteen of her witnesses either have refused to consent to having their identities disclosed to the Defence or have refused to meet with her representatives, and that the Prosecutor wishes to send a representative to explain the new protective measures that have come into effect since those witnesses were last contacted, in the hope that they might change their minds and agree to the disclosure;

CONSIDERING that the Prosecutor has been unable to locate eight of her witnesses and thus has been unable to obtain their consent to disclosure;

CONSIDERING that the Prosecutor did disclose sixty witness statements to the Defence on 2 November 1999;

CONSIDERING that the Prosecutor has promised to disclose the rest of the witness statements, other than those specifically mentioned in this motion, by the original 30 November 1999 deadline;

CONSIDERING that the Defence has raised no objection to the motion for extension of time;

CONSIDERING that the Trial Chamber has a duty to consider the protection of witnesses as well as to provide the Defence a fair opportunity to prepare for trial;

CONSIDERING that the Prosecutor has made substantial progress in the disclosures and that the extension of time she requests is not likely to delay the start of the trial or impede the preparation of the defence;

FOR THE FOREGOING REASONS,

ORDERS that the deadline for the disclosure to the Defence of the identity and statements of

1) Witness B;

2) Witness M;

3) Witnesses 17, 20, 24, 28, 33, 35, 42, 47, 48, 63, 72, 73, 74, 76 as identified in Exhibit 2 to the Motion;

4) the eight (8) witnesses whom the Prosecutor has thus far been unable to locate

be extended to 30 January 2000; should the Prosecutor obtain the consent of any witnesses prior to that date, she should proceed with the disclosure of their identities and statements immediately and not wait until the deadline.

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

Done this twenty-sixth day of November 1999,
At The Hague,
The Netherlands.

___________
Almiro Simões Rodrigues
Presiding Judge, Trial Chamber I

(Seal of the Tribunal)