IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
1 August 2001

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDZIJA

__________________________________________________________

DECISION ON REQUESTS FOR RELEASE OF CONFIDENTIAL MATERIALS TO DEFENCE COUNSEL IN
PROSECUTOR V. RADOSLAV BRDANIN AND MOMIR TALIC

____________________________________________________________

The Office of the Prosecutor:

Mr. Dirk Ryneveld
Ms. Joanna Korner
Ms. Julia Baly
Mr. Daryl Mundis

Counsel for the Accused:

Mr. Veselin Londrovic and Mr. Michael Greaves, for Dusko Sikirica
Mr. Vladimir Petrovic and Mr. Goran Rodic, for Damir Dosen
Mr. Ivan Lawrence and Mr. Jovan Ostojic, for Dragan Kolundzija

Counsel for Radoslav Brdjanin and Momir Talic:

Mr. John Ackerman, for Radoslav Brdjanin
Mr. Xavier de Roux and Mr. Michel Pitron, for
Momir Talic:

 

THIS TRIAL 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 International Tribunal"),

BEING SEISED of a "Renewed Motion for Access to Confidential Information" filed in Prosecutor v. Radoslav Brdjanin and Momir Talic, Case No. IT-99-36, on 26 June 2001, by counsel for the accused, Momir Talic, and a "Motion for Access to Confidential Information" filed on 29 June 2001 by counsel for the accused, Radoslav Brdjanin (together "the Motions"), seeking access to all confidential exhibits and transcripts in this case, and the response filed by the Office of the Prosecutor ("Prosecution") on 3 July 2001 objecting to the disclosure of the names of protected witnesses,

NOTING that Rule 75 (D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") requires that "once protective measures have been issued in respect of a victim or witness, only the Chamber granting such measures may Ö authorise the release of protected material to another Chamber for use in other proceedings",

NOTING the various Orders for protective measures issued by this Trial Chamber in Prosecutor v. Sikirica et al., and, in particular, the Order for Measures to Protect Victims and Witnesses dated 19 October 1999 and the Order for Protective Measures issued by the Trial Chamber on 22 December 2000,

NOTING also the "Order Granting Prosecutorís Motion Pursuant to Rule 75 (D)" issued by this Trial Chamber on 1 August 2001, authorising the Prosecution to release to the Defence in Prosecutor v. Brdjanin and Talic the confidential testimony of six witnesses who are also to be called to testify in those proceedings and whose statements the Prosecution is required to disclose pursuant to Rule 66 of the Rules,

CONSIDERING that Article 20 of the Statute of the International Tribunal provides that the Trial Chamber shall not only ensure that a trial is fair and expeditious but that the proceedings shall be conducted "with due regard for the protection of victims and witnesses",

CONSIDERING that, to date, only five witnesses have testified in Prosecutor v. Sikirica et al. in closed session, further, that the testimony of two such witnesses is to be disclosed to the Defence in Prosecutor v. Brdjanin and Talic pursuant to the Order of 1 August 2001 and the remaining confidential material heard in private session relates to the identity of each protected witness, the content of the testimony itself being available in the public records of the International Tribunal,

CONSIDERING that the Defence in Prosecutor v. Brdjanin and Talic have failed to establish to the satisfaction of the Trial Chamber that the disclosure of the remaining material is warranted,

PURSUANT TO Rules 75 and 79 of the Rules,

HEREBY DISMISSES the Motions.

 

Done in both English and French, the English text being authoritative.

______________________
Patrick Robinson
Presiding

Dated this first day of August 2001
At The Hague
The Netherlands

[Seal of the Tribunal]