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"),

NOTING the ex parte "Request for hearing on Defence bribery; intimidation of witness, and suborning perjury of witness" filed by the Office of the Prosecutor ("Prosecution") on 25 May 1999 and the Addendum thereto filed by the Prosecution on 7 June 1999 (together "the Request") containing allegations of attempts to bribe and intimidate a potential witness, and to suborn perjury, said to have been committed by the accused, Milan Simic, his lead counsel, Mr. Branislav Avramovic, and, perhaps, Mr. Igor Pantelic, lead counsel for the accused, Miroslav Tadic,

NOTING the confidential Orders of the Trial Chamber of 8 and 10 June 1999, pursuant to which the Application was served on the Defence and an initial procedural hearing held on 9 June 1999,

NOTING ALSO the "Counsel’s response to Prosecutor’s request of May 25, 1999" filed by Mr. Igor Pantelic on 16 June 1999, the "Response of Milan Simic to the Orders of the Trial Chamber of 8^th and 10^th June 1999" filed on behalf of the accused, Milan Simic, on 23 June 1999 and the "Response of Branislav Avramovic to the Order of 10 June 1999" filed on behalf of Mr. Branislav Avramovic on 23 June 1999,

HAVING CONSIDERED carefully the matters disclosed in the Request and the various responses thereto (collectively "the Material"),

PURSUANT to Rule 77 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") and on the basis of the Material before it,

FINDS that it does not have good reason to believe that Mr. Igor Pantelic may be in contempt of the International Tribunal,

FINDS that it does have good reason¹ to believe that Milan Simic and Branislav Avramovic may be in contempt of the International Tribunal,

CONSIDERING FURTHER that it would be in the interests of justice to permit Milan Simic and Branislav Avramovic to call witnesses and to produce documentary evidence and that it would be of assistance to the Trial Chamber to receive written statements of witnesses and copies of all documents in advance,

CONSIDERING ALSO that it would be in the interests of justice to permit the Prosecution and the other accused in this case to appear at any hearing on the allegations of contempt,

HEREBY ORDERS as follows:

(1) Milan Simic and Branislav Avramovic are called upon to appear before the Trial Chamber on a date to be fixed to respond to the allegations:

(i) with regard to Milan Simic, being an accused person, that

(A) between July and September 1998, he knowingly and wilfully interfered with the International Tribunal’s administration of justice, by –

(a) making threats by telephone to a potential witness described in the Request as Mr. "Agnes", and
(b) being in a black motor vehicle driven to the house of Mr. "Agnes" between 2 and 3 a.m., and on one occasion firing a shot in the air.

Particulars of paragraph (a)

Milan Simic is alleged to have committed these acts individually or by acting in concert with other persons or by aiding and abetting in their commission. The threats were made at different times, to the effect that Mr. "Agnes" had to testify in favour of an unidentified defendant in the Bosanski Šamac case, and making statements to Mr. "Agnes" to the effect that Mr. "Agnes" had nobody else but Sname deletedC and if he had ever thought how would he feel if something happened to them.

Particulars of paragraph (b)

Milan Simic is alleged to have committed these acts individually or by acting in concert with other persons or by aiding and abetting in their commission.

(The allegations in paragraph (A) are based upon the International Tribunal’s inherent power to punish for contempt, retained by Rule 77 (F) of the Rules as it stood prior to December 1998.)

(B) between January and May 1999, he offered a bribe to and interfered with a potential witness described in the Request as Mr. "Agnes", with the intention that Mr. "Agnes" should give false evidence in favour of himself, telling Mr. "Agnes" that Mr "Agnes" would be given money by him or by another person on his behalf for his needs, and an apartment and employment after he had given evidence in the trial.

Particulars

Milan Simic is alleged to have committed these acts individually or by acting in concert with other persons, including Branislav Avramovic, or by aiding and abetting in their commission.

(The allegations in paragraph (B) are based upon Rule 77 (B) of the Rules, as amended in December 1998.)

(ii) with regard to Branislav Avramovic, being counsel for Milan Simic, that

(A) between July and September 1998, he knowingly and wilfully interfered with the International Tribunal’s administration of justice, by –

(a) telling a potential witness described in the Request as Mr. "Agnes" that –

(1) he should testify only in favour of his client, Milan Simic, and
(2) Mr. “Agnes” had to say, falsely, that Milan Simic was not present at the school alleged by the Prosecution to have been a detention camp and in which prisoners were beaten;

(b) falsely recording the version given by Mr. “Agnes” so as to exculpate his client, Milan Simic;
(c) coaching Mr. "Agnes" to tell that false version, rehearsing it with a tape recorder;
(d) making threats by telephone to Mr. "Agnes", and
(e) being in a black motor vehicle driven to the house of Mr. "Agnes" between 2 and 3 a.m., and on one occasion firing a shot in the air.

Particulars of paragraphs (a) and (d)

Branislav Avramovic is alleged to have committed these acts individually or by acting in concert with other persons, including Milan Simic and another man whose identity is unknown, or by aiding and abetting in their commission.

Particulars of paragraphs (b), (c) and (e)

Branislav Avramovic is alleged to have committed these acts individually.

(The allegations in paragraph (B) are based upon Rule 77 (B) of the Rules, as amended in December 1998.)

(2) the Prosecution and each accused (other than Milan Simic) in the case of Prosecutor v. Blagoje Simic et al., have liberty to appear at any hearing on the allegations of contempt as concerned parties;

(3) the Prosecution is requested to assist the Trial Chamber in assembling and presenting evidence concerning the aforementioned allegations of contempt;

(4) Milan Simic, Branislav Avramovic and all concerned parties shall each file a notice, no later than Wednesday 21 July 1999, identifying the witnesses that they wish to testify as to any element of the allegations against Milan Simic and Branislav Avramovic and submitting written statements, in one of the working languages of the International Tribunal, for all such witnesses, other than the witness whose statements have already been submitted to the Trial Chamber, indicating the need for any witness summonses and also specifying any protective measures that may be sought for those witnesses;

(5) Milan Simic, Branislav Avramovic and all concerned parties shall each file, no later than Wednesday 21 July 1999, copies of all documentary evidence on which they wish to rely, in one of the working languages of the International Tribunal;

(6) Milan Simic and Branislav Avramovic, their representatives and agents, shall refrain from contact with any person identified or referred to in the Request without the prior approval of this Trial Chamber, pending determination of the allegations of contempt; and

(7) Milan Simic and Branislav Avramovic, their representatives and agents, shall not disclose the Request or the content thereof to any person or organization until further order, except to the limited extent necessary to investigate the allegations set out in operative paragraph (1) of this Order.

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

_______________________________
Patrick Robinson
Presiding

Dated this seventh day of July 1999
At The Hague
The Netherlands

[Seal of the Tribunal]