Case No. IT-04-74-PT

BEFORE THE PRE-TRIAL JUDGE

Before:
Judge Jean-Claude Antonetti

Registrar:
Mr Hans Holthuis

Order of:
30 November 2005

THE PROSECUTOR

v.

Jadranko PRLIC
Bruno STOJIC
Slobodan PRALJAK
Milivoj PETKOVIC
Valentin CORIC
Berislav PUSIC

___________________________________________

ORDER DIRECTING THE PROSECUTION TO DISCLOSE DOCUMENTS TO AN ACCUSED

___________________________________________

The Office of the Prosecutor:

Mr Kenneth Scott

Defence Counsel:

Mr Michael Karnavas and Ms Suzana Tomanovic for Jadranko Prlic
Mr Tomislav Kuzmanovic for Bruno Stojic
Ms Vesna Alaburic for Milivoj Petkovic
Mr Tomislav Jonjic for Valentin Coric
Mr Fahrudin Ibrisimovic for Berislav Pusic

The Accused:

Slobodan Praljak

 

I, Jean-Claude Antonetti, Judge 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 ("Tribunal");

NOTING the Rules of Procedure and Evidence ("Rules");

NOTING Rule 65 ter(B) of the Rules;

NOTING Rules 66 and 68 of the Rules;

NOTING the proceedings of the last status conference held on 8 November 2005;

CONSIDERING that at the last status conference the Accused Praljak informed the pre-trial Judge of his concerns with regard to accessing the electronic copies of the documents produced by the Prosecution;

CONSIDERING that on 29 November 2005 the accused Praljak sent a fax to the pre-trial Judge regarding access to documents pursuant to Rules 66 and 68 of the Rules;

CONSIDERING that the accused Praljak, who is conducting his own defence at this stage, has to prepare his defence for the trial which is scheduled to commence in mid-February 2006;

CONSIDERING that the Prosecution has disclosed to the Accused electronic copies of the documents using the Electronic Disclosure System ("EDS") pursuant to Rules 66 and 68 of the Rules, but that EDS is not available to the Accused to access these documents;

CONSIDERING that this difficulty can be overcome if the Accused is sent all documents in hard copy;

CONSIDERING that the inability of an Accused to prepare his defence may delay the trial which is scheduled to begin in early 2006;

CONSIDERING that such a delay could also cause serious prejudice to the other accused;

CONSIDERING that it is therefore appropriate to order that these documents be sent immediately to the accused Praljak;

FOR THE FOREGOING REASONS

HEREBY ORDER that the Prosecution disclose as soon as possible to the Accused Praljak copies of the supporting material which accompanied the Indictment when confirmation was sought, copies of the statements of all witnesses whom the Prosecutor intends to call to testify as well as any material which may suggest the innocence or mitigate the guilt of the accused or affect the credibility of Prosecutionís evidence.

 

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

__________
Judge Jean-Claude Antonetti
Pre-Trial Judge
Trial Chamber II

Done this thirtieth day of November 2005
At The Hague
The Netherlands

[Seal of the Tribunal]