联合国文件/第704部分 (共1000部分)

In accordance with the decisions on the referral of cases pursuant to Rule 11 bis, which instruct the Office of the Prosecutor to monitor trials of transferred cases and report to the trial chamber, the Office has made arrangements with the Organization for Security and Cooperation in Europe for the monitoring of such trials.

The monitoring mechanism is a fundamental component of the Tribunal's referral process.

The Office of the Prosecutor, in association with Chambers and the Registry, will continue to be actively engaged in other capacity-building activities.

Through almost daily contact with the prosecutors and courts, it will continue to participate in conferences, training seminars and other symposiums.

Furthermore, as the dates of completion draw near, the Office of the Prosecutor will devote special attention to the legacy of the Tribunal's work.

Some of the work product and tools of the Office will need to be preserved.

The Immediate Office of the Prosecutor will play a central role in legacy matters, in coordination with the Registry and Chambers.

Table 5 Objectives for the biennium, expected accomplishments and indicators of achievement

External factors

The Office of the Prosecutor is expected to meet its objective and expected accomplishments on the assumption that: (a) the States of the former Yugoslavia cooperate in the arrest and transfer of indicted persons to The Hague and in the provision of information; (b) there is normal functioning of judiciaries in the States of the former Yugoslavia, including the War Crimes Chamber of the Court of Bosnia and Herzegovina, so that cases may be transferred and tried at the domestic level; and (c) there are no delays in the proceedings for reasons beyond the Tribunal's control, such as illness of the accused, unforeseen disclosure of material, requests for replacement of defence counsel, requests for review of cases already tried, other motions affecting the proceedings and the availability of witnesses to certify statements and provide testimony.

Outputs

During the biennium, the following outputs will be delivered:

(a) Investigative outputs: witness statements, expert witness statements, summaries of witness interviews, witness schedules and protective measures for witnesses; reports of on-site investigations; reports on military and civilian political structures and events, on arrests of fugitives, on intelligence related to suspects and fugitives and on missions; collection of evidence; reports generated through computer searches of collected evidence for documents relevant to investigations, trials and appeals and reports generated by computer searches for purposes of disclosure under different rules; demographic reports and maps; requests for assistance; unofficial translations and English summaries of documents written in Bosnian, Croatian or Serbian; limited project-based exhumation work; and training;

(b) Prosecution outputs: filings related to the prosecution of cases and appeals, including: amended indictments, motions, responses to defence motions, witness statements, opening briefs, closing briefs, sentencing briefs, appeals on the merits, interlocutory appeals, plea agreements and miscellaneous applications for orders from judges or trial chambers, including applications for subpoenas, search warrants, the detention of suspects and the transmission of arrest warrants;

(c) Outputs related to trial preparation: exhibits, witness summaries, extensive searches for relevant material to be disclosed to the defence; training courses including induction, legal issues, advocacy; and legal opinions on issues of international law;

(d) Information management outputs: indexes of evidentiary material and information sources, including witness statements, videotapes and audiotapes, intelligence material submitted under Rule 70, and press and other relevant, freely accessible material; custody, control and storage of material submitted under chain-of-custody procedures, including decontamination and preservation; software systems and modifications to computer systems, and database applications for the Office of the Prosecutor, including the Electronic Disclosure System and CaseMap and Sanction software packages; and training courses for all staff;

(e) Provision of support for the transfer of cases to the States of the former Yugoslavia: preparation of investigation files, reviewing and preparing evidence, analysis of case files, exchange of knowledge with domestic prosecution authorities, exchange of know-how and training;

(f) Legacy issues: engaging in coordination with the Registry and Chambers in the preparation of the files and electronic data to be preserved and forming part of the Tribunal's legacy;

(g) Management outputs: policy papers and directives, guidelines related to legal practice, annual reports, funding proposals, budget preparation, reports on activities of States relevant to cooperation; and press releases, speeches, statements and briefings.

Table 6 Resource requirements

Table 7 Post requirements

Resources under posts and staff assessment in the amount of $48,626,000 and $9,845,300, respectively, would provide for the continuation of 195 posts required during the biennium 2008-2009.

The reduction under posts ($11,534,300) and staff assessment ($580,600) relates to the proposed abolition of 130 posts as at 1 January 2009, including 67 Professional level posts (7 P-5, 22 P-4, 30 P-3 and 8 P-2) and 63 General Service (Other level) posts, as reflected in table 7.

Based on the existing assessment and consistent with previous budget submissions, it is estimated that, for the biennium 2008-2009, a level I case would require a complement of 11 trial attorneys (2 P-5, 6 P-4 and 3 P-3) and 5 investigators (1 P-4, 3 P-3 and 1 P-2); a level II case, 9 trial attorneys (1 P-5, 5 P-4, 2 P-3 and 1 P-2) and 4 investigators (2 P-3 and 2 P-2); and a level III case, 8 trial attorneys (1 P-5, 4 P-4, 2 P-3 and 1 P-2) and 3 investigators (1 P-3 and 2 P-2).