APPEALS JUDGES REJECT PROSECUTOR'S APPLICATION FOR LEAVE TO APPEAL

APPEAL $ IN BLASKIC CASE THE HAGUE, Oct 15 (Hina) - A bench of three Appeals Chamber's Judges, within the International War Criminal Tribunal for former Yugoslavia (ICTY), rejected on Monday 14 October 1996 the application by the Prosecutor for leave to appeal against the Decision of Trial Chamber I dated 2 October 1996. This decision ordered, inter alia, the disclosure to General Blaskic's Defence of the full text of all Prosecutor's witnesses statements, the ICTY reported on Tuesday. On October 8, the Prosecutor filed an application for leave to appeal under Rule 72 (B)(ii) of the Rules of Procedure and Evidence, referring to the protection of witnesses and victims. The bench of three Appeals Chamber's Judges, presided by Antonio Cassese, said the Prosecutor's application was not formally grounded. "The nature of protection which should be given to a particular witness is primarily a matter for the Trial Chamber to decide. While the Tribunal has a responsibility (...) with regard to the protection of victims and witnesses, it has also to keep in mind the paramount consideration that the accused is entitled to a fair and expeditious trial," the Appeals Judges explained. The Judges found it appropriate to point out that their Decision does not preclude the Prosecutor from asking the Trial Chamber for "specific protective measures" when he considers that they are necessary for protection of witnesses or victims. (hina) mš 152130 MET oct 96