Free Motion for Protective Order - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona ANDREW C. PACHECO Assistant U.S. Attorney Arizona State Bar No. 018105 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 Email: [email protected]

UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Dragan Ubiparipovic, Defendant. Now come the United States and requests that this Court issue a protective order, that will prevent public disclosure at this time of discovery that will be provided to the defendant by the government. The evidence covered by the protective order is evidence the United States hopes to receive from the Office of the Prosecutor for the International Criminal Tribunal for the Former Yugoslavia ("ICTY"). Following the breakup of the former Yugoslavia and the conflict that followed, the United Nations ("UN") established the ICTY and the Office of the Prosecutor ("OTP") to investigate, prosecute and try alleged war criminals for crimes against humanity, genocide and other crimes committed in the former Yugoslavia during the 1990s. Investigators from the OTP have been involved in exhumations of mass graves, interviewing of survivors and other witnesses, and gathering and analyzing other documentary evidence. A number of indictments have been returned and several trials held at the Hague in the Netherlands. See www.ICTY.org. The OTP has disclosed this material to defendants and their counsel in a number of cases that have been prosecuted and are pending in the Hague. In each instance, this material has been disclosed pursuant to a protective order that is similar to the proposed order that is submitted United States of America, Plaintiff, MOTION FOR A PROTECTIVE ORDER CR-04-1142-PHX-DGC

Case 2:04-cr-01142-DGC

Document 94

Filed 05/05/2006

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with this motion. The OTP has requested that the United States seek a similar protective order in this case. The United States has been advised that the Office of the Prosecutor for the ICTY has recently received additional documentary evidence. This material was either seized by the Office of the Prosecutor of the ICTY pursuant to court orders or otherwise voluntarily turned over by the government of Serbia to the Prosecutor's Office. The material in question

encompasses various military documents concerning the Army of the Republika Srpska pertaining to the conflict in Bosnia from 1992 to 1995. The exact nature of the newly obtained information is not yet known by the OTP. In fact, the government's expert, ICE Agent Richard Butler, is presently in The Hague attempting to catalog the material in question on behalf of the OTP. The protective order is intended and designed to protect ongoing cases pending at the ICTY, while not interfering with a defendant's ability to prepare and present a defense. In addition, the order would prevent premature disclosure of material, or disclosure of material that might otherwise not be disclosed, that could prejudice a defendant's rights to a fair trial. It is understood that anything admitted as an exhibit at trial will be available to the public, any witness who testifies will be identified.. The situation in the former Yugoslavia is still somewhat unstable and there have been instances of witness intimidation in cases prosecuted at the ICTY. Therefore, the OTP has requested that we seek the attached proposed protective order. Respectfully submitted this 5th day of May, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/ Andrew C. Pacheco ANDREW C. PACHECO Assistant U.S. Attorney

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I hereby certify that on May 5, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM /ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Dana Carpenter Attorney for Defendant

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