Recently, in the Karadzic case, the Trial Chamber reiterated, the this Prosecution obligation is central for ensuring, inter alia, that the accused has adequate time and resources to examine all relevant material, and to prepare its case. Thus, it is an essential element of Rule 66(A)(ii) that the disclosure of material falling under this Rule must occur within a specific time limit.
In Karadzic, the Chamber set up 7 May 2009 as the deadline for the Prosecution disclosure 66(A)(ii) material.
In its decision of 17 June, the Chamber expressed its “great concern” about the amount of such material which has continued to be disclosed every month, after the expiration of the 7 May 2009 deadline.
The Chamber noted, that it does not view the “recent discovery” of a statement, the “recent identification” of a particular item, or a simple “oversight” as appropriate justifications for the very late disclosure of material that was in the possession of the Prosecution before the 7 May 2009 deadline.
The Chamber noted that there are many circumstances which would entitle the Prosecution to disclose Rule 66(A)(ii) material at a later stage of the proceedings, and which make its disclosure obligations ongoing. For example, a witness who provides testimony at a later stage in the proceedings in a different case, an unavailable witness who becomes available, a witness who is at present unwilling to testify but who decides to testify at a later stage, etc.
Furthermore, the Chamber has acknowledged that errors are inevitable, particularly when considering the vast amount of disclosure in this case.
However, the Chamber expressed “considerable concern” about the quantity of errors that appear to have been made with regard to the disclosure of Rule 66(A)(ii) material, and is of the view that late disclosure due to oversights is unjustified.
Karadžić, Decision on Accused’s Second Motion for Finding Disclosure Violation and for Remedial Measures, Case No. IT-95-5/18-T, T. Ch., 17 June 2010.See also "Karadzic case: Trial Chamber suspended proceedings due to the disclosure violations by the Prosecution".