Case: IT-98-29-T

IN THE TRIAL CHAMBER

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Rafael Nieto-Navia

Registrar:
Mr Hans Holthuis

Order of:
11 November 2003

PROSECUTOR

v

STANISLAV GALIC


ORDER ON THE PROSECUTION’S REQUEST RE: EXHIBITS TENDERED UNDER SEAL


The Office of the Prosecutor:

In this proceeding:
Mr. Mark Ierace

In Prosecutor v Slobodan Milosevic:
Mr. Geoffrey Nice

The Defence:

Ms. Mara PilipovicMr. Stéphane Piletta-Zanin

 

TRIAL CHAMBER I (the "Trial 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");

NOTING the confidential "Prosecution’s Request Re: Exhibits Tendered Under Seal" filed on 8 October 2003 (the "Request"), whereby the Prosecution requests permission by the Trial Chamber

  1. to tender in public session some documents described in Annex 1 to the Request (the "Documents") as evidence in the case Prosecutor v. Slobodan Milosevic; and
  2. to deal publicly with testimony presented in the case Prosecutor v. Stanislav Galic in private or closed session only because the Prosecution so requested in view of the documents’ Rule 70 status;

NOTING that the Defence has not opposed the Request;

CONSIDERING that protective measures ordered in a proceeding before the Tribunal continue to have effect mutatis mutandis in any other proceedings before the Tribunal;

CONSIDERING further that the Prosecution submits that it has been informed by the relevant UN authorities that, if Rule 70 clearance has been granted in relation to a particular document, its contents can be dealt with publicly and therefore the contents could be discussed in open session;

PURSUANT to Rules 73 and 75(F);

HEREBY GRANTS permission to the Prosecution:

  1. to tender as evidence in public session the Documents in the case Prosecutor v. Slobodan Milosevic;
  2. to deal in public session with evidence presented in private or closed session in the case Prosecutor v. Stanislav Galic only because the Prosecution so requested in view of the documents’ Rule 70 status, as long as the confidential status of protected witnesses is guaranteed.

 

Done in English and French, the English version being authoritative.

______________
Alphons Orie
Presiding Judge, Trial Chamber

Dated this 11th day of November 2003
At The Hague,
The Netherlands

[Seal of the Tribunal]