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Omarska, Keraterm & Trnopolje Camps, Prosecutor v. Kvocka et al., Decision on Z. Zigic's Motion for Rescinding Confidentiality of Schedules Attached to the Indictment, IT-98-30/1 (ICTY TC, Feb. 22, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mr. Hans Holthuis

Decision of:
22 February 2001

THE PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADDO RADIC
ZORAN ZIGIC
DRAGOLJUB PRCAC

__________________________________________________

DECISION ON ZORAN ZIGIC’S MOTION FOR RESCINDING CONFIDENTIALITY OF SCHEDULES ATTACHED TO THE INDICTMENT

__________________________________________________

The Office of the Prosecutor:

Ms. Susan Somers
Ms. Kapila Waidyaratne
Mr. Daniel Saxon

Defence Counsel:

Mr. Zarko Nikolic for Milojica Kos
Mr. Krstan Simic for Miroslav Kvocka
Mr. Toma Fila for Mladjo Radic
Mr. Slobodan Stojanovic for Zoran Žigic
Mr. Jovan Simic for Dragoljub Prcac

 

TRIAL CHAMBER I ("the 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 Tribunal"),

BEING SEISED of the "Motion for Rescinding Confidentiality of Confidential Schedules Attached to the Indictment" ("the Motion"), filed by the accused Zoran Zigic ("the accused Zigic") on 10 January 2001;

NOTING the Prosecution’s "Response to the accused Zigic’s Confidential 'Motion for Rescinding Confidentiality of Confidential Schedules Attached to the Indictment' " ("the Prosecution Response"), filed on 24 January 2001;

NOTING the "Decision on Defence preliminary motions on the form of the indictment" issued on 12 April 1999 ("the Decision of 12 April 1999") by Trial Chamber III previously seised of the case (hereafter, "Trial Chamber III") , in which Trial Chamber III directed the Prosecution to add particulars to the indictment;

NOTING the amended indictment submitted by the Prosecution on 31 May 1999 ("the First Amended Indictment"), pursuant to the Decision of 12 April 1999, together with the "Schedules of Additional Particulars to the Submission of Amended Indictment" ("the Confidential schedules"), which consist of lists of alleged victims and are kept confidential pursuant to Trial Chamber III’s "Order on the Prosecutor’s Motions to Protect Victims and Witnesses" of 11 December 1998;

NOTING the Decision of the Chamber dated 13 October 2000 granting leave to the Prosecutor to file a second amended indictment;

HAVING HEARD the parties on 12 and 19 January 2001;

CONSIDERING that the accused Zigic seeks an order from the Chamber rescinding the confidential status of the Confidential Schedules due to alleged difficulties in the preparation of his defence case;

CONSIDERING that it was admitted at the hearings that the confidential designation has not hindered the preparation of the Defence of the other accused, whose understanding of the confidential designation was that it prevented the Defence from linking the name of a victim with that person’s status as a protected witness in the preparation of its case;2

CONSIDERING that some of the victims listed in the Confidential Schedules have testified before the Chamber, some with the benefit of protective measures, including pseudonym;

CONSIDERING that the Prosecution does not oppose the lifting of the overall confidential designation of the Confidential Schedules provided that such confidentiality is retained with respect to those victims who testified under a pseudonym;

CONSIDERING that protective measures must be granted to witnesses if strictly necessary;

PURSUANT to Rules 54 and 69 of the Rules of Procedure and Evidence;

FOR THE AFOREMENTIONED REASONS,

PARTIALLY GRANTS the Motion and ORDERS as follows:

1) The Prosecutor shall file within seven (7) days of the date of this Decision, the following documents, which will replace the Confidential Schedules:

a) new confidential schedules to the indictment listing those victims whose names appear in the Confidential Schedules and who have testified before the Tribunal under a pseudonym ("the New Confidential Schedules");
b) public schedules to the indictment listing:

i) the names of those victims for which the confidential designation is lifted and,
ii) the pseudonym of those victims whose names are maintained in the New Confidential Schedules.

2) the Defence shall not link, under any circumstances or conditions, and directly or indirectly, the name of a victim who testified under a pseudonym with that person’s status as a witness who testified before the Chamber.

 

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

___________
Almiro Rodrigues
Presiding Judge

Dated this twenty-second day of February 2001,
At The Hague
The Netherlands.

[Seal of the Tribunal]


1. "Defence Submission to the Changes Reflected in the Amended Indictment", 17 June 1999.
2. Status Conference, 12 January 2001, T, p 6814.

   

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