Case No.: IT-95-14-A

IN THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Rafael Nieto-Navia
Judge Patricia Wald
Judge Fausto Pocar
Judge Liu Daqun

Registrar:
Mr. Hans Holthuis

Decision of:
4 July 2001

PROSECUTOR

v.

TIHOMIR BLASKIC

_________________________________________________________________________

DECISION ON THE APPELLANT’S MOTION REQUESTING ASSISTANCE OF THE APPEALS CHAMBER IN GAINING ACCESS TO NON-PUBLIC TRANSCRIPTS AND EXHIBITS

________________________________________________________________________

The Office of the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Appellant:

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew M. Paley

 

The Appeals Chamber of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),

BEING SEISED of the "Motion Requesting Assistance of the Appeals Chamber in Gaining Access to Non-Public Transcripts and Exhibits" filed by Counsel for Tihomir Blaskic on 28 December 2000;

NOTING the "Prosecution Response to ‘Appellant’s Motion Requesting Assistance of the Appeals Chamber in Granting [sic] Access to Non-Public Transcripts and Exhibits’" filed on 8 January 2001;

NOTING the "Appellant’s Reply to ‘Prosecution Response to Appellant’s Motion Requesting Assistance of the Appeals Chamber in Gaining Access to Non-Public Transcripts and Exhibits"’filed out of time on 15 January 2001;

NOTING that the Trial Chambers which heard the cases The Prosecutor v. Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic, Drago Josipovic and Vladimir Santic; The Prosecutor v. Zlatko Aleksovski; The Prosecutor v. Anto Furundzija and The Prosecutor v. Dario Kordic & Mario Cerkez are no longer constituted by the same Judges and cannot be reconstituted with the exception of the Trial Chamber that heard the case of The Prosecutor v. Zlatko Aleksovski;

NOTING Rule 75(D) of the Rules of Procedure and Evidence of the International Tribunal which provides:

Once protective measures have been issued in respect of a victim or witness, only the Chamber granting such measures may vary or rescind them or authorise the release of protected material to another Chamber for use in other proceedings. If, at the time of the request for variation or release, the original Chamber is no longer constituted by the same Judges, the President may authorise such variation or release, after consulting with any Judge of the original Chamber who remains a Judge of the Tribunal and after giving due consideration to matters relating to witness protection;

CONSIDERING that the Appeals Chamber is not the proper forum to deal with requests with respect to protective measures ordered by other Chambers;

HEREBY INVITES the Registrar to transfer the "Motion Requesting Assistance of the Appeals Chamber in Gaining Access to Non-Public Transcripts and Exhibits" to the President of the International Tribunal.

 

Done in both English and French, the English text being authoritative.

______________________
Lal Chand Vohrah
Presiding Judge

Done this fourth day of July 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]