Case No. IT-02-54-T
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision:
15 September 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
___________________________________
PUBLIC VERSION
FIFTH DECISION ON APPLICATIONS PURSUANT TO RULE 54bis OF PROSECUTION AND SERBIA AND MONTENEGRO
___________________________________
Office of the Prosecutor: Amici Curiae:
Mr. Geoffrey Nice Mr. Steven Kay
Ms. Hildergaard Uertz-Retzlaff Mr. Branislav Tapuskovic
Mr. Dermot Groome Mr. Timothy McCormack
Government of Serbia and Montenegro: The Accused:
Mr. Vladimir Deric Mr. Slobodan Milosevic
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 (“International Tribunal”),
BEING SEISED of a Prosecution’s Application for an Order Pursuant to Rule 54 bis Directing the Federal Republic of Yugoslavia to Comply With Outstanding Requests for Assistance, filed by the Office of the Prosecutor (“Prosecution”) on 13 December 2002,
NOTING the subsequent filings of the parties, the arguments made in oral hearings before the Trial Chamber on 10 March 2003 and 03 June 2003, as well as the procedural Orders issued by the Trial Chamber,1
NOTING the following decisions of the Trial Chamber: Decision in Part on Prosecution Motion for Orders pursuant to Rule 54bis against Serbia and Montenegro , issued on 05 June 2003 (“First Decision”);2 Second Decision on Prosecution Motion for Orders Pursuant to Rule 54bis against Serbia and Montenegro, issued 12 June 2003 (“Second Decision”);3 Third Decision on Prosecution Motion for Orders Pursuant to Rule 54bis against Serbia and Montenegro, issued 18 June 2003 (“Third Decision”); and (redacted (,4
HAVING CONSIDERED the filings of the Prosecution and the Government of Serbia and Montenegro (“Serbia and Montenegro”) pursuant to the Second Decision,5 including the Prosecution’s representations regarding the existence of entities designated the “Supreme Command” and the “Supreme Command Staff”,6
CONSIDERING the provisions of Rule 54bis of the Rules of Procedure and Evidence (“Rules”) and the jurisprudence of the International Tribunal concerning the obligation of States to provide assistance,7
PURSUANT to Article 29 of the Statute of the International Tribunal and Rule 54bis of the Rules,
HEREBY ORDERS the following:
(1) (a) Serbia and Montenegro, within one week from the date of this Decision, shall inform the Prosecution whether or not meetings of the Supreme Defence Council of the Federal Republic of Yugoslavia were held between 23 March 1999 and 05 October 2000.
(b) In the event that any such meetings were held, Serbia and Montenegro, within two weeks from the date of this Decision, shall produce to the Prosecution the minutes and stenographic notes pertaining to such meetings. (See First Decision, at 3; Second Decision, Ruling No. 1; [redacted]; Prosecution Request for Assistance (“RFA”) 117, dated 15 August 2001; RFA 219, dated 25 June 2002.)
(c) In the event that any such meetings were not held, Serbia and Montenegro , within one week from the date of this Decision, shall so stipulate by means of a public, written, and inter partes filing with the Trial Chamber.
(d) In the event that Serbia and Montenegro is unable to so stipulate, Serbia and Montenegro, within one week from the date of this Decision, shall inform the Trial Chamber by means of a public, written, and inter partes filing the reasons for its inability.
(2) (a) Serbia and Montenegro, within one week from the date of this Decision, shall inform the Prosecution whether or not meetings were held by the Assembly of the Republic of Serbia and the Council for Harmonisation of Positions on State Policy between April 1990 and June 1997, excluding meetings on 02 April 1991, 08 April 1991, 12 December 1991, 13 December 1991, and 17 December 1991.
(b) In the event that any such meetings were held, Serbia and Montenegro, within two weeks from the date of this Decision, shall produce to the Prosecution the minutes and stenographic notes pertaining to such meetings. (See Second Decision , Ruling No. 7; RFA 203, dated 17 May 2002; RFA 279, dated 16 September 2002.)
(c) In the event that any such meetings were not held, Serbia and Montenegro , within one week from the date of this Decision, shall so stipulate by means of a public, written, and inter partes filing with the Trial Chamber.
(d) In the event that Serbia and Montenegro is unable to so stipulate, Serbia and Montenegro, within one week from the date of this Decision, shall inform the Trial Chamber by means of a public, written, and inter partes filing the reasons for its inability.
(3) (a) Serbia and Montenegro, within two weeks from the date of this Decision, shall produce to the Prosecution the documentation requested by the Prosecution related to the Supreme Command and the Supreme Command Staff, including but not limited to the two documents entitled “Strategy of Armed Battle” and “Military Doctrine of the Federal Republic of Yugoslavia”. (See Second Decision, Rulings Nos. 8-9; RFA 118, dated 15 August 2001; RFA 118B, dated 25 March 2003; RFA 119B , dated 16 October 2002; RFA 119C, dated 16 October 2002; RFA 119D, dated 08 August 2003.)
(b) In the event that Serbia and Montenegro maintains that the entities designated the “Supreme Command” and the “Supreme Command Staff”, or any other entity, irrespective of its nomenclature, that performed functions similar to those carried out by the entities described in this Decision, did not exist - entities, for example, (i) exercising responsibility for national security during a time of war or control over armed organisations engaged in national defence during the state of war in effect in the Federal Republic of Yugoslavia from 24 March 1999 to 10 June 1999, (ii) consisting of the voting and non-voting members of the Supreme Defence Council and any other individuals who were called upon by law or other legal instrument, order, or invitation to attend meetings of any such entities, or (iii) consisting of the General Staff of the Army of the Federal Republic of Yugoslavia during a time of war (see, e.g., Footnote No. 6, above; RFA 118, dated 15 August 2001; RFA 118B, dated 25 March 2003; RFA 119B, dated 16 October 2002; RFA 119C, dated 16 October 2002; RFA 119D, dated 08 August 2003) - Serbia and Montenegro, within one week from the date of this Decision, shall so stipulate by means of a public, written, and inter partes filing with the Trial Chamber.
Done in both English and French, the English text being authoritative.
___________
Richard May
Presiding
Dated this 15th day of September 2003
At The Hague
The Netherlands
[Seal of the Tribunal]