SITTING as Trial Chamber II composed of
Judge Asoka de Silva, Presiding, Judge Flavia Lattanzi and Judge Florence
Rita Arrey (the “Chamber”);
BEING SEIZED of the “Prosecutor’s Motion
for Disclosure of Identifying Information Concerning Defence Witnesses Pursuant
to Rules 69 (C) and 73 ter” filed on 25 October 2005 (the “Motion”);
NOTING THAT the Defence has not filed
a response;
CONSIDERING the Statute of the Tribunal
(the “Statute”) and the Rules of Procedure and Evidence (the “Rules”), in
particular Rules 69 (C) and 73 ter of the Rules;
NOW DECIDES the Motion pursuant to Rule
73(A) of the Rules on the basis of the written
submission filed by the Prosecution.
SUBMISSIONS
OF THE PROSECUTION
1. The
Prosecution submits that pursuant to Rule 69 (C), the identities of witnesses
shall be disclosed within such time as determined by the Trial Chamber to
allow adequate time for the preparation of either the Prosecution or the
Defence case. The Prosecution also submits that the Trial Chamber, after
ensuring that Defence witnesses will be afforded an adequate mechanism for
protection, has already ordered the Defence to disclose to the Prosecution
the unredacted statements and all identifying information concerning the
witnesses who will be called to support the Defence case.
2. The
Prosecution asserts, however, that so far it has received only the name of
the first witness, M060, whom the Defence intends to call during the week
of 14–18 November 2005. The Prosecution further asserts that it is yet to
receive any identifying information or details relating to this witness or
any of the other 39 Defence witnesses and that it is unable to adequately
prepare before the resumption of proceedings on 14 November 2005.
3. The
Prosecution therefore requests the Defence to comply with the Chamber’s order
dated 20 October 2005
and to provide all the identifying information concerning each of the Defence
witnesses as well as their unredacted written statements, at least 21 days
prior to their respective dates of testimony, in order to allow the Prosecution
sufficient time to prepare its case.
4. The
Prosecution asserts that it expects the following information from the Defence
regarding each witness:
· The
full names (including the family name, first name, nickname(s) and the corresponding
pseudonym)
· Date
of birth
· Religion
· Ethnicity
· Occupation
· Address
in April 1994
· Current
address
PRELIMINARY MATTER
5. The
Chamber notes, as a preliminary matter, that the Motion does not ask for
any specific order from the Chamber. Rather, in the Motion the Prosecution only “respectfully
requests that the Defence provides all the identifying information concerning
each of the Defence witnesses.” However, in the interests of justice, the
Chamber chooses to entertain the Motion and to exercise its powers under
Rule 54 of the Rules.
HAVING DELIBERATED
6. The
Chamber recalls its Decision of 14 October 2005 ordering the Defence to commence
the presentation of its case on 14 November 2005, and that of 20 October 2005 instructing the Defence
to disclose to the Prosecution, at least 21 days prior to their respective
dates of testimony, all the identifying information concerning each of the
Defence witnesses as well as their unredacted written statements.
7. The
Chamber wishes to note in the strongest possible terms that it disapproves
of the failure of the Defence to comply with the clear orders of the Chamber
issued on two separate occasions regarding the disclosure of the required
identifying information to the Prosecution. Such conduct is disrespectful
of the Chamber and shall henceforth not be tolerated. Due to the urgency
of the situation, in view of the fact that the scheduled date for the commencement
of the Defence case is less than one week away, the Chamber hereby reiterates
its orders of 20 October
2005.
8. The
Chamber reminds the Defence of its obligations pursuant to Rule 73 ter (B),
including the obligation to disclose relevant information to the Prosecution
in a timely fashion.
9. The
Chamber also reminds the Defence of the provisions of Rule 46 relating to
offensive or abusive conduct, or conduct which otherwise obstructs the proceedings
or is contrary to the interests of justice. The Chamber hereby warns the
Defence that should such conduct continue, it will not hesitate to invoke
the provisions of Rule 46 where, in its view, such a course of action is
necessary and appropriate.
FOR THE FOREGOING REASONS, THE TRIAL CHAMBER
GRANTS the Motion;
REMINDS the Defence of its obligations
pursuant to Rule 73 ter; and
ORDERS that the witness information sheets
that are served on the Prosecution by the Defence should contain, along with
the witnesses’ unredacted statements, the following identifying information
for each Defence witness:
i The
full names (including the family name, first name, nickname(s) and the corresponding
pseudonym)
ii Date
and place of birth
iii Names
of parents
iv Religion
v Ethnicity
vi Occupation
in April 1994
vii Address
in April 1994
viii Current
address
Arusha, 9 November 2005 |
|
|
| |
|
|
Asoka
de Silva |
Flavia
Lattanzi |
Florence R. Arrey |
Presiding
Judge |
Judge |
Judge |
| |
[Seal
of the Tribunal] |
|
