THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Transcription

1 IT T D D March 2009 MB THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA TRIAL CHAMBER III Case No. IT T Original: English Before: Acting Registrar: Judge Jean-Claude Antonetti, Presiding Judge Arpad Prandler Judge Stefan Trechsel Reserve Judge Antoine Kesia-Mbe Mindua Mr. John Hocking Filed: 19 March 2009 THE PROSECUTOR v. JADRANKO PRLIĆ BRUNO STOJIĆ SLOBODAN PRALJAK MILIVOJ PETKOVIĆ VALENTIN ĆORIĆ BERISLAV PUŠIĆ - PUBLIC - BRUNO STOJIĆ S FILING OF LETTER FROM THE GOVERNMENT OF THE REPUBLIC OF CROATIA REGARDING THE TESTIMONY OF IVAN BANDIĆ WITH ANNEX The Office of the Prosecutor Mr. Kenneth Scott Mr. Douglas Stringer Counsel for Jadranko Prlić Mr. Michael G. Karnavas Ms. Suzana Tomanović Counsel for Bruno Stojić Ms. Senka Nožica Mr. Karim A. A. Khan Counsel for Slobodan Praljak Mr. Božidar Kovačić Ms. Nika Pinter Counsel for Milivoj Petković Ms. Vesna Alaburić Mr. Nicholas Stewart Counsel for Valentin Ćorić Ms. Dijana Tomašegović Tomić Mr. Drazen Plavec Counsel for Berislav Pušić Mr. Fahrudin Ibrišimović Mr. Roger Sahota

2 49327 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT T Prosecutor v. Jadranko Prlić et al BRUNO STOJIĆ S FILING OF LETTER FROM THE GOVERNMENT OF THE REPUBLIC OF CROATIA REGARDING THE TESTIMONY OF IVAN BANDIĆ WITH ANNEX 1. The Defence for Mr. Bruno Stojić ( Defence ) herein officially files a Letter issued by the Ministry of Justice, Republic of Croatia on 17 March 2009 ( Letter ), in response to the request by the Defence, authorising witness Ivan Bandić to testify about information obtained as a diplomat for the State in The Hague. 2. Pursuant to the proceedings of 17 March 2009, whereby the Prosecution placed the concerned parties on notice of its intention to explore tasks and duties of witness Bandić to which privilege may attach, 1 the Trial Chamber invited the Defence to file an appropriate motion seeking necessary relief for privileged or otherwise confidential information. 2 Thereafter, with the aim of resolving the issues raised by the Prosecution, the Defence contacted the Ministry of Justice of the Republic of Croatia by facsimile by 13:30 p.m. requesting permission for Mr. Bandić to give evidence on the period during which he was deputed as a Croatian diplomat in The Hague. The response by the Republic of Croatia, annexed hereto, authorises the request on the condition that such testimony be conducted in closed session and without the presence of the public. 3. The Defence produced the Letter which was discussed at some length in Court, leading to an Oral Decision by the Trial Chamber during the proceedings of 18 1 Transcript of 17 March 2009, Cross-Examination of Witness Ivan Bandić, pp Transcript of 17 March 2009, Cross-Examination of Witness Ivan Bandić, p Case No. IT T Prosecutor v. Jadranko Prlić, et al 19 March 2009

3 49326 March In order for the record of proceedings to be complete and coherent, the Defence requests that the Letter, annexed hereto, be placed on record. Relief Requested The Defence respectfully requests that the Trial Chamber place on record the Letter from the Ministry of Justice of the Republic of Croatia authorising the testimony of Ivan Bandić, annexed hereto. Word Count 502 Respectfully submitted, Senka Nožica Counsel for Bruno Stojić Karim A. A. Khan Co-counsel for Bruno Stojić 3 Unedited Transcript of 18 March 2009, Cross-Examination of Witness Ivan Bandić, pp 36-42; pp Case No. IT T Prosecutor v. Jadranko Prlić, et al 19 March 2009

4 49325 ANNEX LETTER FROM THE MINISTRY OF JUSTICE OF THE REPUBLIC OF CROATIA Case No. IT T Prosecutor v. Jadranko Prlić, et al 19 March 2009

5 IT T 49324

6 IT T /Coat of arms/ REPUBLIC OF CROATIA MINISTRY OF JUSTICE ADMINISTRATION FOR INTERNATIONAL COOPERATION, INTERNATIONAL LEGAL AID AND COOPERATION WITH INTERNATIONAL CRIMINAL TRIBUNALS CLASS: /09-03/01 Number: Zagreb, March 17 th SUBJECT: Request to permit the testimony of Mr. Ivan Bandić - response Attorney at law Senka Nožica Regarding your request from March 17 th 2009, for permission of testimony by Mr. Ivan Bandić before the International Criminal Tribunal for former Yugoslavia, in the case Prosecutor vs. Prlić et. al., by the way of this letter we are informing you that competent bodies of the Republic of Croatia gave their permission for Mr. Bandić to testify. Aforementioned permission relates to the time period that Mr. Bandić spent as an officer of Croatian intelligence service, including the time which he spent in The Hague, under the condition that proceedings are to be held in closed session and without the presence of public. With respect, Director Gordan /Last name covered by seal/ /Round seal Republic of Croatia Ministry of justice/