Decision on Defence Motion to compel Discovery

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

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DECISION ON DEFENCE MOTION TO COMPEL DISCOVERY

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Mr. Vladimir Petrovic, for Damir Došen
Mr. Dušan Vucecevic, for Dragan Kolundžija

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 the "Defense Motion to Compel Discovery Pursuant to the Trial Chamber Order of March 10, 2000" filed on behalf of the accused Dragan Kolundzija on 29 March 2000 ("the Defence Request"), seeking an order for disclosure by the Office of the Prosecutor ("the Prosecution") of an unredacted version of a document entitled "Extracts of Evidence" which accompanied the indictment at confirmation,

NOTING the Response to the Defence Request filed by the Prosecution on 12 April 2000,

NOTING also the "Motion for leave to reply to Prosecutor’s Response to Kolundzija’s Motion to Compel Discovery Pursuant to the Trial Chamber Order of March 10, 2000" filed by the Defence for Dragan Kolundzija on 17 April 2000,

NOTING that production of the document entitled "Extracts of Evidence" was discussed, without prior notice, at a status conference held before the pre-trial Judge on 28 March 2000 but that a copy of the document, as provided to the Defence, was not available to the pre-trial Judge at that time,

NOTING that the Defence Request, with a copy of the "Extracts of Evidence" as provided to the Defence, was filed after the status conference, setting out with more precision the nature of the Defence Request,

CONSIDERING that the "Extracts of Evidence", which appears to consist of extracts from a number of witness statements, forms part of the supporting material that accompanied the Indictment or the Amended Indictment when confirmation was sought,

CONSIDERING that Rule 66 (A)(i) of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") requires the Prosecution to disclose to the Defence "copies of the supporting material which accompanied the indictment when confirmation was sought",

CONSIDERING therefore that the Prosecution is required to disclose to the Defence an unredacted copy of the "Extracts of Evidence", but not the individual witness statements from which the extracts are taken, other than the two witness statements that accompanied the Indictment when confirmation was sought,

HEREBY GRANTS the Defence Request and ORDERS the Prosecution, by Thursday 18 May 2000, to disclose to the Defence for each accused an unredacted copy of the document entitled "Extracts of Evidence" that accompanied the Indictment or the Amended Indictment when confirmation was sought, unless the Prosecution within that time files a motion for specific protective measures for the individual witnesses named therein, stating, in respect of each witness, the relief sought and the grounds for seeking such relief.