WorldCourts: International Case Law Database   International Case Law Database
50,000+ decisions · 50+ institutions
 
     
 
Keraterm Camp, Prosecutor v. Sikirica et al., Decision on Defence Motion for Production of Tapes and Notes, IT-95-8 (ICTY TC, May. 11, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
11 May 2001

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDŽIJA

__________________________________________________________

DECISION ON DEFENCE MOTION FOR PRODUCTION OF TAPES AND NOTES

____________________________________________________________

The Office of the Prosecutor:

Mr. Dirk Ryneveld
Ms. Julia Baly
Mr. Daryl Mundis

Counsel for the Accused:

Mr. Veselin Londrovic and Mr. Michael Greaves, for Dusko Sikirica
Mr. Vladimir Petrovic and Mr. Goran Rodic, for Damir Dosen
Mr. Ivan Lawrence and Mr. Jovan Ostojic, 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 Tribunal"),

BEING SEIZED OF a "Defense Motion for Production of All Unedited Tapes Taken by TV Reporters on All Missions Undertaken by Edward Vulliamy and All Notes, Manuscripts, Revisions and Finial SsicC Drafts of Articles and Books He Made on Visits to Yugoslavia from 1991 to 1992 or 1995", filed on 12 March 2001 by the accused Dragan Kolundzija ("the Motion"), wherein an order was sought from this Trial Chamber to direct the Office of the Prosecutor ("the Prosecution") to disclose: 1) all unedited tapes taken by TV crew who accompanied Mr. Vulliamy on his visits to the former Yugoslavia between 1991 and 1992 and in 1995 ("the Tapes"); and 2) full, unabridged notes or recordings, drafts, and final articles on any discussions, conversations and interviews that Mr. Vulliamy had on those visits with the Serbian authorities, military or civilian, and with other persons ("the Written Materials"), which have been used in his prior testimony before the Tribunal,

NOTING the "Prosecution’s Response to the Defence Motion for Production of All Unedited Tapes Taken by TV Reporters on All Missions Undertaken by Edward Vulliamy and All Notes, Manuscripts, Revisions and Final Drafts of Articles and Books He Made on Visits to Yugoslavia from 1991 to 1992 or 1995", filed on 16 March 2001,

NOTING that the Prosecution does not object to disclosure of the Tapes on condition that the Defence be ordered not to disclose or produce copies of them to the public or the defendants or their counsel in other cases before the Tribunal, and to return the Tapes when no longer required for the purpose of this case and, in any event, prior to the rendering of the judgement in this case,

NOTING that, as to the Written Materials, the Prosecution asserts that any "notes, manuscripts and revisions" should not be disclosed, whereas the "final drafts" of such "notes, manuscripts and revisions", being in the public domain, are readily available to the Defence,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal,

HEREBY GRANTS the Motion in part, and ORDERS that the Tapes be disclosed to the Defence on condition that

1. the Tapes shall not be disclosed to the public, including witnesses, defence counsel or accused in other cases before the Tribunal, or to the media; and

2. they shall be returned to the Prosecution as soon as they are no longer required for purposes of this case and in any event, prior to the rendering of the judgement in the present case,

And DISMISSES the remainder of the Motion regarding the Written Materials, with leave to the Defence to raise this aspect of the Motion before this Trial Chamber anew when Mr. Vulliamy is called for cross-examination.

 

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

______________________
Judge Patrick Robinson
Presiding

Dated this eleventh day of May 2001
At The Hague
The Netherlands

[Seal of the Tribunal]

   

Home | Terms & Conditions | About

Copyright 1999- WorldCourts. All rights reserved.