IN THE TRIAL CHAMBER
Before: Judge David Hunt, Pre-Trial Judge
Registrar: Mr Hans Holthuis
Decision of: 17 October 2001
ORDER GRANTING REQUEST FOR DISCLOSURE
The Office of the Prosecutor:
Mr Peter McCloskey
Mr Mark Vlasic
Counsel for accused
Mr David Wilson
I, Judge David Hunt, Pre-Trial Judge,
NOTING the "Prosecutorís Request to Disclose Closed Session Testimony and Under Seal Exhibits From the Prosecutor v Radislav Krstic, ("Krstic") Case IT-98-33-T" ("Request") filed by the Prosecutor on 10 October 2001;
CONSIDERING that Rule 66(B) of the Rules of Procedure and Evidence ("Rules") imposes an obligation upon the Prosecutor to make available to Dragan Obrenovic ("Obrenovic") the transcript of closed and private session testimonies and the sealed exhibits of the Prosecution in Krstic;
CONSIDERING ALSO that Rule 66(A)(ii) of the Rules imposes an obligation upon the Prosecutor to disclose the transcripts of closed and private session testimonies of witnesses who the Prosecutor may call during the trial of Obrenovic;
CONSIDERING FURTHER that the Prosecutor and Counsel for Obrenovic have entered into a Confidentiality agreement regarding disclosure of material by the Prosecutor to Counsel for Obrenovic;
PURSUANT TO Rule 65 bis of the Rules;
HEREBY ORDER that:
1. The Prosecutor may, at her discretion and under the obligations imposed by the Rules provide to Counsel of Obrenovic transcripts and audio tapes of closed and private session testimony, including discussions between parties and the Judges, and under seal exhibits from the Krstic case.
2. All materials disclosed to the Counsel of Obrenovic are subject to the confidentiality agreement as agreed between the parties.
Done in English and French, the English text being authoritative.
Dated this 17th day of October 2001,
At The Hague,
Judge David Hunt
[Seal of the Tribunal]