IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
11 July 2003
PROSECUTOR
v.
SEFER HALILOVIC
_________________________________________________
DECISION ON DEFENCE MOTION ON DISRESPECT OF RULES ABOUT PROCEDURE AND EVIDENCE FROM THE SIDE OF THE PROSECUTOR ACCORDING TO RULES OF 5 RULE OFFICIALS
_________________________________________________
The Office of the Prosecutor
Mr. Ekkehard Withopf
Ms. Maria Tuma
Mr. Daryl Mundis
Counsel for the Accused
Mr. Ahmet Hodzic
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 ("International Tribunal"),
BEING SEISED of "Motion On Disrespect Of Rules About Procedure and Evidence From The Side Of The Prosecutor According to Rules Of 5 Rule Officials," filed by the Defence Counsel of Sefer Halilovic on 23 June 2003 ("Motion"), requesting the Trial Chamber to order evidence gathered by an investigator of the Office of the Prosecutor ("Prosecution") as invalid,1
NOTING the "Prosecution’s Response To Defence Motion On Disrespect Of Rules About Procedure And Evidence From The Side Of The Prosecutor According To Rules Of 5 Rule Officials", filed confidentially by the Prosecution on 3 July 2003,
NOTING that the reasons provided by the Defence in requesting the Motion are that the Defence found, after contacting the witnesses, (i) there were discrepancies in the witness statements taken by the investigators of the Prosecution and (ii) the investigators of the Prosecution violated the "basic principles of justice" in carrying out their duties,
CONSIDERING that aspects relating to discrepancies in the witness statements are more appropriately dealt with by the Trial Chamber during the trial, if and when the witness statements are submitted to the Trial Chamber hearing the case,
CONSIDERING that allegations made by the Defence against the investigators of the Prosecution are extremely serious matters that may require action by the Trial Chamber pursuant to Rule 77 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
CONSIDERING HOWEVER that merely making such allegations does not call for the relief requested by the Defence until the Defence presents the Trial Chamber with more substantial evidence, investigations are initiated and indeed contempt of the International Tribunal is found,
PURSUANT TO Rule 54 of the Rules,
HEREBY DISMISSES the MOTION.
Done in English and French, the English text being authoritative.
__________________
Richard May
Presiding
Dated this eleventh day of July 2003
At The Hague
The Netherlands
[Seal of the Tribunal]
1. The Motion requests the Trial Chamber to reconsider its decision regarding relief of waiver from the failure of the Defence to timely bring a preliminary motion. However this same request has been denied on a number of previous occasions and the Trial Chamber will not entertain the request in this decision.
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