Case No.: IT-95-9-T

IN TRIAL CHAMBER II B

Before:
Judge Florence Ndepele Mwachande Mumba, Presiding Judge
Judge Amarjeet Singh
Judge Sharon A. Williams

Registrar:
Mr. Hans Holthuis

Decision of:
23 October 2001

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

_____________________________________________

DECISION DISCLOSING CONFIDENTIAL EXPERT REPORT TO THE DEFENCE

_____________________________________________

The Office of the Prosecutor

Mr. Gramsci Di Fazio
Mr. Phillip Weiner
Ms. Aisleen Reidy

Counsel for the accused

Mr. Igor Pantelic and Mr. Srdjan Vukovic for Blagoje Simic
Mr. Slobodan Zecevic and Ms. Catherine Baen for Milan Simic
Mr. Novak Lukic and Mr. Dragan Krgovic for Miroslav Tadic
Mr. Borislav Pisarevic and Mr. Aleksandar Lazarevic for Simo Zaric

 

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 a Joint Motion for access to the confidential expert report of Dr. Robert Donia filed in the Kvocka et al. case (case IT-98-30/1-T, "Kvocka case") ("the Report"), presented orally by counsel for Blagoje Simic on behalf of all accused persons in the instant case ("the Defence") on 13 September 2001 ("the Joint Motion"),

NOTING that this Trial Chamber directed the Defence to present the Joint Motion requesting access to the Report to the Trial Chamber seised of the Kvocka case,

NOTING the "Decision on Joint Motion of Defence Counsel in Case No. IT-95-9-T to Lift Confidentiality of Expert Report" issued by Trial Chamber I on 5 October 2001 ("the Decision"),

CONSIDERING that Trial Chamber I holds in the Decision that the confidentiality of the Report may be lifted, subject to those measures this Trial Chamber may order once and if the Defence obtains an agreement from counsel for Mlado Radic, one of the accused in the Kvocka case, regarding the lifting of the confidentiality of the Report,

NOTING the agreement filed by counsel for Mlado Radic through counsel for Blagoje Simic on 18 October 2001, stating that the expert testimony of Dr. Donia in the Kvocka case may be used in the present case,

NOTING that the Report was filed as confidential in the Kvocka case,

CONSIDERING that, as ordered by Trial Chamber I in its Decision, the Report in the present case should continue to enjoy the same degree of protection as that enjoyed in the Kvocka case,

PURSUANT TO Rules 54 and 75 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS that the Report be disclosed to the Defence on a confidential basis,

INVITES the Registrar to forward the present decision to Trial Chamber I for information.

 

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

_____________________________
Judge Florence Ndepele Mwachande Mumba
Presiding Judge

Dated this twenty-third day of October 2001
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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