Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
3 October 2000





The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Defence Counsels:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac


TRIAL CHAMBER I 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 SIZED of the "Motion for Access to Confidential Information" filed in Prosecutor v Radoslav Brdjanin and Momir Talic, case No. IT-99-36-PT, on 12 July 2000 ("the Motion"), by counsel for the accused, Momir Talic seeking access to all confidential exhibits and transcripts in this and other cases; such Motion, which the accused Brdjanin joined, having been forwarded to this Trial Chamber by the Deputy Registrar of the Tribunal on 24 August 2000 at the decision of Judge Hunt, pre-trial Judge in that case, for consideration pursuant to Rule 75 (D) of the Rules of Procedure and Evidence ("the Rules");

NOTING that the parties in the case Prosecutor v Miroslav Kvocka et al. (the "Kvocka case"), case No. IT-98-30/1-T, do not object to the Motion;

CONSIDERING that Radoslav Brdjanin and Momir Talic, ("the accused") are charged with various offences arising out of their alleged involvement in a plan in 1992 to effect "ethnic cleansing" of the proposed new Serbian territory in Bosnia and Herzegovina, in particular of the Autonomous Region of Krajina; that the material required from Kvocka case, concerning offences in Omarska, Trnopolje and Keraterm camps in the Autonomous Region of Krajina, could be of "significant value" to the accused Momir Talic and Radoslav Brdjanin;

CONSIDERING however that it belongs to the Prosecutor to determine which of the witnesses who have appeared in the case Kvocka she intends to call in the case Brdjanin and Talic; that once such a decision is made, the Prosecutor has to ensure full disclosure pursuant to Rule 66 and Rule 67 (when appropriated); that the identifying materials and complete scope of the testimony of these witnesses, as well as the exhibits produced during their testimony, should be disclosed to the Defense counsel for the accused; that the Prosecutor is under a constant obligation to disclose to the Defense in the Brdjanin and Talic case;

CONSIDERING that the Prosecution witnesses to whom protective measures are granted should continue to enjoy an at least equivalent level of protection in any other case, pending before the Tribunal; that it is the responsibility of the Trial Chamber concerned to take any measure it deems appropriate before granting access to confidential materials, if any, in the Kvocka Case;

PURSUANT to Rules 54, 75 (D) and 97;


ORDERS that the transcripts, exhibits and confidential materials in the Kvocka case, to date, be disclosed to Trial Chamber II for any purposes that it will deem appropriate in accordance with its jurisprudence in practice, which might allow for disclosure to the Defence in the Talic and Brdjanin case, subject to its taking measures guaranteeing the witnesses in consultation with the Victims and Witnesses Section and, where appropriate, documentary or other evidence, mutadis mutandis, the same degree of protection as they enjoyed previously, and if necessary additional measures such as the adoption of different pseudonyms in the two cases and the prohibition of any mention, should such be the case, of the fact a witness might have already testified before the Tribunal;

INVITE the Registrar to forward the present decision to any concerned Chamber.

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


Almiro Rodrigues
Presiding Judge

Done this Third Day of October 2000,
At The Hague
The Netherlands.

[Seal of the Tribunal]