Case: IT-95-17-PT
BEFORE TRIAL CHAMBER I
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
Decision of:
7 March 2005
PROSECUTOR
v.
Miroslav BRALO
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DECISION ON ACCESS TO CONFIDENTIAL TESTIMONY AND DOCUMENTS
___________________________________________
The Office of the Prosecutor:
Mr. Mark Harmon
Counsel for the Defence:
Ms. Virginia Lindsay
TRIAL CHAMBER I (the "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 "Tribunal");
BEING SEISED of the "Defence Motion for Access to Confidential Testimony and Documents", filed on 18 January 2005 ("First Motion"), of the "Amended (Reduced) Motion for Access to Confidential Testimony and Documents" filed on 20 January 2005 ("Second Motion"), and of the "Defence Motion for Access to Excerpts of Confidential Testimony" filed on 1 February 2005 ("Third Motion");
NOTING that, by the First Motion and Second Motion, the Defence seeks access to closed session testimonies and related exhibits referring to the accused Miroslav Bralo ("Accused") Prosecutor v. Tihomir Blaskic (IT-95-14), Prosecutor v. Zlatko Aleksovski (IT-95-14/1), Prosecutor Dario Kordic and Mario Cerkez (IT-95-14/2), Prosecutor v. Anto Furundzija (IT-95-17/1), Prosecutor v. Zoran Kupreskic et al. (IT-95-16);
NOTING that by its Third Motion the Defence limits the scopes of material sought by identifying the exact transcript pages it seeks access to;
NOTING that the excerpts identified by the Defence in the case Prosecutor v. Dario Kordic and Mario Cerkez (T. 23784 and 24233-4) are not confidential;
NOTING the "Prosecution’s Response to Defence Motion for Access to Excerpts of Confidential Testimony" filed on 4 February 2005, whereby the Prosecution does not oppose the Motions, provided that measures for non-disclosure are imposed on the Defence;
CONSIDERING that a party is entitled to seek material from any source to assist in the preparation of its case if the material sought has been sufficiently identified or described by its general nature and if a legitimate forensic purpose for such access has been shown;
CONSIDERING that the Defence has sufficiently identified the material it seeks access to and limited its request to material related to the Accused;
PURSUANT TO Rules 54 and 75 of the Rules of Procedure and Evidence,
HEREBY GRANTS the Defence’s motions for access to confidential material and ORDERS:
For the purposes of the above paragraphs, third parties exclude: (i) the applicant, (ii) persons authorised by the Registrar to assist Counsel for the applicant, (iii) personnel from the Tribunal, including members of the Office of the Prosecutor.
Done in English and French, the English text being authoritative.
Dated this 7th day of March 2005,
At The Hague,
The Netherlands.
____________________
Judge Liu Daqun
Presiding
[Seal of the Tribunal]