Case No. IT-02-61-S

IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius

Registrar:
Mr. Hans Holthuis

PROSECUTOR

v.

MIROSLAV DERONJIC

_____________________________________

URGENT ORDER ON THE PRODUCTION OF EVIDENCE

_____________________________________

The Office of the Prosecutor:

Mr. Mark B. Harmon

Counsel for Miroslav Deronjic:

Mr. Slobodan Cvijetic
Mr. Slobodan Zecevic

TRIAL CHAMBER II 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 ("Trial Chamber"),

NOTING that the Accused Miroslav Deronjic testified in Prosecutor v. Momcilo Krajisnik, Case No. IT-00-39-T, ("Krajisnik trial") about events related to the Amended Indictment and the Factual Basis to which he entered a guilty plea on 30 September 2003, and that during his testimony the Accused discussed a number of documents that were admitted into evidence as P33 through P63 ("Krajisnik trial exhibits"),

NOTING that the Trial Chamber in its Scheduling Order filed on 19 February 2004 ordered (i) proceedings to be held on 5 March 2004, and (ii) the Prosecution to produce the entire transcripts of the testimony of the Accused in the Krajisnik trial no later than Wednesday, 25 February 2004, by 12.00 hrs.,

NOTING that in the “Submission of Testimony of Miroslav Deronjic from Krajisnik Trial”, filed by the Prosecution on 24 February 2004, the Prosecution merely produced the transcripts of the Accused’s testimony in the Krajisnik trial, but not the Krajisnik trial exhibits,

NOTING that exhibits accompanying transcripts may form an inseparable part of the testimony,¹ and that in the present case the transcripts of the Accused’s testimony in the Krajisnik trial in part can only be understood in context with some of the Krajisnik trial exhibits,

HAVING EXAMINED the transcripts of the Accused’s testimony in the Krajisnik trial, the Trial Chamber deems it necessary to assess the content of the following Krajisnik trial exhibits: P35, P36, P37, P38, P39, P40, P41, P42, P44, P45, P53, P54, P55, P56, P57, P61, P63,

NOTING that the Accused testified in Prosecutor v. Slobodan Milosevic, Case No. IT-02-54-T ("Milosevic trial") and discussed (i) the transcript of a telephone intercept that was marked for identification as P601 ID ("Intercept P601 ID"),² and (ii) "a document dated the 13^th of May that testifies that I expelled volunteers from Bratunac. I have a document about this. The JNA refused to do it, so I did it myself" ("13 May 1992 Document"),³

NOTING that pursuant to the "Order on Production of Additional Evidence Pursuant to Rule 98" of 5 December 2003, the Prosecution filed, inter alia, the transcripts of the Accused’s testimony in the Milosevic trial, but not the Intercept P601 ID or the 13 May 1992 Document,

NOTING that the Accused testified in the sentencing hearing of 27 January 2004 that (i) after a plenary meeting of the SDS main board in Sarajevo on 18 October 1991, "we were then given a set of documents that we were duty-bound to implement in our local areas" ("18 October 1991 Documents"),⁴ and that (ii) after a meeting of the SDS main board including the presidents of the municipal boards in Pale on 19 December 1991, he and the other participants were given “strictly confidential” […] “written documents, the ones that Mr. Karadzic had commented on at the meeting” (“19 December 1991 Documents”),

CONSIDERING that some of the Krajisnik trial exhibits, the 18 October 1991 Documents and the 19 December 1991 Documents may have an impact on the assessment of the full factual basis supporting the crime of Persecutions to which the Accused pleaded guilty,

CONSIDERING that the Intercept P601 ID and the 13 May 1992 Document discussed in the Milosevic trial might be a relevant factor in sentencing,

PURSUANT to Rule 98, first sentence, of the Rules of Procedure and Evidence,

HEREBY ORDERS the Prosecution to produce no later than Thursday, 26 February 2004, 16.00 hrs.

1. the following documents that were admitted into evidence in the Krajisnik trial: P35, P36, P37, P38, P39, P40, P41, P42, P44, P45, P53, P54, P55, P56, P57, P61, P63;⁵
2. Intercept P601 ID; and
3. the 13 May 1992 Document, the 18 October 1991 Documents, and all 19 December 1991 Documents.

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

_____________
Judge Wolfgang Schomburg
Presiding

Dated this twenty-fifth day of February 2004,
At The Hague
The Netherlands

[Seal of the Tribunal]