IN TRIAL CHAMBER II
Judge David Hunt, Pre-Trial Judge
Mr Hans Holthuis
26 June 2001
RADOSLAV BRDANIN & MOMIR TALIC
DECISION ON SECOND MOTION BY MOMIR TALIC
FOR ACCESS TO CONFIDENTIAL DOCUMENTS
The Office of the Prosecutor:
Ms Joanna Korner
Mr Andrew Cayley
Mr Nicolas Koumjian
Ms Anna Richterova
Ms Ann Sutherland
Counsel for Accused:
Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux and Maître Michel Pitron for Momir Talic
1. The accused Momir Talic ("Talic") has requested this Trial Chamber to transmit to Trial Chamber III his application for an order that all confidential material to date in the trial of Prosecutor v Sikirica (Case IT-95-8), presently being heard by that Trial Chamber, be disclosed to him. He has also sought an order that "the Registrar be authorised to disclose to him on an ongoing and permanent basis all public and confidential transcripts and exhibits relating to the said case". 1
2. The Motion is in almost identical terms to that filed by his co-accused, Radoslav Brdanin ("Brdanin"), and no doubt was inspired by it. 2 That motion was rejected, upon the bases that:
(i) access to confidential information can only be granted by the Trial Chamber which granted the protective measures,
(ii) the correct procedure is to apply directly to the relevant Trial Chamber,
(iii) although this Trial Chamber previously invited the Registrar to transmit such an application to the relevant Trial Chamber, the prosecution appears to take the view that it can only make submissions on the merits if the application is made directly to that Trial Chamber, and
(iv) once the application for confidential material is before that Trial Chamber, it is more appropriate for that Trial Chamber to deal with the application for access to the public material.3
The application to Trial Chamber III should be made in the proceedings Prosecutor v Sikirica themselves, not in the present case.
3. There is nothing to distinguish this application by Talic from that by Brdanin and, for the same reasons, it is rejected.
Done in English and French, the English text being authoritative.
Dated this 26th day of June 2001,
At The Hague,
Judge David Hunt
[Seal of the Tribunal]
(1) Request for Access to Confidential Information,
19 June 2001 ("Motion"), pars 3-4.
(2) Motion for Access to Confidential Information, 13 June 2001.
(3) Decision on Second Motion by Radoslav Brdanin for Access to Confidential Documents, 20 June 2001.