Case: IT-00-39-T
IN TRIAL CHAMBER I
Before:
Judge Alphons Orie, presiding
Judge Joaquín Martín Canivell
Judge Claude Hanoteau
Registrar:
Mr Hans Holthuis
Order of:
13 March 2006
PROSECUTOR
v.
MOMCILO KRAJISNIK
___________________________________________________________________________
ORDER FOR TRANSFER OF DETAINED WITNESS PURSUANT TO RULE 90 BIS
___________________________________________________________________________
Office of the Prosecutor
Mr Mark Harmon
Mr Alan Tieger
Counsel for the Defence
Mr Nicholas Stewart, QC
Mr David Josse
THE CHAMBER,
BEING SEIZED of the "Defence Motion Pursuant to Rule 90 bis of the Rules of Procedure and Evidence" filed on 10 March 2006 (the "Motion");
NOTING that the Motion requests, pursuant to Rule 90 bis, that the Chamber issue an order for the temporary transfer of Milovan Bjelica (the "witness") from a prison facility in Republika Srpska to the Detention Unit of the Tribunal ("UNDU"), to enable him to testify at trial in the present case;
NOTING that the Motion additionally requests the Chamber to invite the Registrar to make appropriate arrangements for the transfer of the witness to the UNDU and to take all measures necessary to ensure that he is protected from interference by other persons while at the UNDU;
NOTING that the Defence wishes the transfer to the UNDU to take place prior to 22 March 2006, and for the witness to remain in The Hague for a period allowing him to complete his testimony and, in any event, not exceeding two weeks;
NOTING that Rule 90 bis (B) sets forth two conditions that must be met before an order for the temporary transfer of a detained witness may be granted;
CONSIDERING that the Defence has stated that these two conditions are met;1
CONSIDERING that the Prosecution responded to the Motion orally today, asking that the witness, upon arrival at the UNDU, be held separately from the Accused and other ICTY detainees, except as requested by counsel for the Accused for the purpose of proofing the witness in the presence of the Accused;
FOR THE FOREGOING REASONS
GRANTS the Motion;
ORDERS that:
(1) The witness be transferred to the UNDU from the prison facility in Republika Srpska, where he is currently in pre-trial detention, for a period allowing him to complete his testimony, and in any case not exceeding two weeks; the transfer to the UNDU should take place no later than 20 March 2006 or, if that target is not achievable, at the earliest possible following date;
(2) Arrangements be made at the UNDU to ensure that the witness be protected from interference by other persons and that he be held separately from the Accused and other ICTY detainees for the period prior and during his testimony at this Tribunal, except as requested by counsel for the Accused for the purpose of proofing the witness in the presence of the Accused;
REQUESTS the Registrar to make all necessary arrangements for the execution of this order and to keep the Chamber and the parties informed of the expected date of arrival of the witness;
EXPRESSES ITS GRATITUDE to the authorities of Republika Srpska for their cooperation in arranging for the transfer of the witness in liaison with the Registrar and the Government of the Kingdom of the Netherlands.
Done in English and French, the English version being authoritative.
_________________
Judge Alphons Orie
Presiding Judge
Dated this 13 March 2006
At The Hague
The Netherlands
[Seal of the Tribunal]