ICTY PROSECUTOR FILES APPEAL AGAINST TRIAL CHAMBER DECISION IN BLA

BLA $ SKIC CASE ZAGREB, 10 Oct (Hina) - The Prosecutor of the International Criminal Tribunal for Former Yugoslavia (ICTY), in charge of Tihomir Blaskic case, on October 8 filed an appeal against the decision of 2 October by Trial Chamber, according to which Blaskic's defence is to be provided with statements of all witnesses in Blaskic case, an ICTY statement said Thursday. #L# In his appeal, the Prosecutor submits ICTY regulations on procedure and evidence relating to the protection of witnesses and victims and claims that the decision of the Trial Chamber opposes those regulations. ICTY President Antonio Cassese has assigned a three-member council of judges who are to consider the admissibility of the Prosecutor's application. The council will be chaired by Cassese. Blaskic's defense has been invited to respond to the Prosecutor's application, so that the three judges could reach their decision by 18 December. Only if the council of judges establishes that the application is formally admissible, the application will be considered by the ICTY Appeals Bench. ICTY Prosecutor especially opposes the Trial Chamber decision according to which 'the Prosecutor may not lead at trial the evidence of a witness whose statement has not been so disclosed'. The decision not only deprived 'the victims and witnesses of protective measures to which they are entitled' but 'prematurely excludes.... potentially relevant and admissible evidence which it has a duty to consider in the interests of justice', the Prosecutor said in his appeal. He also stressed that he was ready to provide the defense with a substantial number of integral witnesses' statements. (hina) rm 101815 MET oct 96