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THIS TRIAL CHAMBER of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991 ("International Tribunal");

BEING SEISED in a closed session hearing held on 15 May 1997 of an oral complaint by the Office of the Prosecutor ("Prosecution") that Slobodna Hercegovina, a newspaper circulated in Sarajevo, Republic of Bosnia and Herzegovina had published, on 15 April 1997, an interview with an individual alleged to be one of the accused persons in the present proceedings, Zejnil Delalic, as well as a list of the names of some of the witnesses for the Prosecution in this case, and further, that a subsequent edition of the said newspaper contained comments relating to the 15 April 1997 publication ("Complaint");

NOTING that the said list of witnesses names constituted confidential information by virtue of two Orders of this Trial Chamber, namely, (i) Order on Non-Disclosure to the Public or the Media of Names of Potential Witnesses dated 29 November 1996 (Official Record at Registry Page ("RP") D2004 - D2005) and (ii) Decision on the Motions by the Prosecution for Protective Measures for the Prosecution Witnesses Pseudonymed "B" Through to "M" dated 28 April 1997 (RP D3457 - D3483);

NOTING that at a closed session held on 16 May 1997, the Trial Chamber, at the request of the Prosecution and with the agreement of the Defence for the four accused persons, and as an expression of its belief that the leakage of confidential information in this manner is a very grave matter which threatens the foundations of judicial administration, decided that it was appropriate that a judicial investigation should be conducted on the salient aspects of this leakage;

NOTING the Referral of Complaint dated 16 May 1997 (RP D3678 - D3679) by which the Trial Chamber seised the President of the International Tribunal ("President") of the Complaint, requesting him to conduct a judicial investigation in the following terms: (1) to investigate the circumstances of the leakage of the information; (2) to make a determination as to the responsibility or otherwise of any counsel appearing in these proceedings and other persons connected with the custody of the witness list; (3) to determine the effect of the leakage upon the current proceedings; (4) to determine what, if any, action is to be taken and whether there are any implications for the handling of confidential information by the Tribunal; and (5) to report back to the Trial Chamber;

NOTING that at a hearing held on 20 May 1997, both counsel for the accused Zejnil Delalic, Ms. Edina Residovic and Mr. Eugene O’Sullivan, informed the Trial Chamber that they felt professionally precluded from acting on behalf of Zejnil Delalic during the course of the judicial investigation because of a potential conflict of interest that had arisen between themselves and their client, and that they therefore requested a stay of the proceedings pending the results of the judicial investigation;

NOTING that the Trial Chamber, respecting the professional judgement of counsel decided to grant a stay of the proceedings in the manner requested;

NOTING that the President conducted the judicial investigation and prepared the Report of the President in the Matter of the Referral of Complaint, dated 27 May 1997 ("Report"), in paragraph 7 of which he states the conclusion of the investigation;

NOTING that sub-paragraph 7(a) of the Report states that the President found no evidence of misconduct on the part of both counsel for the accused, Zejnil Delalic, Ms. Edina Residovic and Mr. Eugene O’Sullivan;

NOTING FURTHER that in sub-paragraph 7(b) of the Report, the President states that it would seem likely that the accused Zejnil Delalic gave a telephone interview to Slobodna Hercegovina and that it would seem that in the course of that interview, the accused mentioned the name of at least one witness, subject of the Orders of the Trial Chamber referred to above;

NOTING FURTHER that in the same sub-paragraph 7(b), the President states that it would therefore appear that Zejnil Delalic might have acted in contempt of the Order for Non-Disclosure referred to above and that in this regard the Prosecution may want to consider whether it is appropriate to initiate proceedings against Zejnil Delalic for contempt of the International Tribunal pursuant to Rule 77(c) of the Rules of Procedure and Evidence of the International Tribunal ("Rules");

CONSIDERING FURTHER the Prosecution Response to Inquiry Concerning Possible Future Contempt Proceedings dated 28 May 1997 ("Response") (RP D3747 - D3749) in which the Prosecution states that it does not now have evidence such that it may bring contempt charges and thus has no intention to bring contempt charges against anyone;

CONSIDERING HOWEVER that the Response further states that the Prosecution intends to vigorously investigate the leakage and to bring contempt proceedings if it considers it appropriate at some future time;

CONSIDERING that all Defence counsel were united in the submission that, if the Prosecution may bring contempt charges against any of the participants in this case at a future date, it should commence investigations as a matter of urgency so that it can immediately decide whether or not there is evidence available to support such charges of contempt, and if so, initiate contempt proceedings so that the issues raised by the Complaint may be settled and the stay on the present proceedings may be lifted;

CONSIDERING that the President was to report his findings to the Trial Chamber;

CONSIDERING the oral submissions of the Prosecution and counsel for the Defence of the four accused persons, while speaking to the findings and conclusions of the Report, on 28 May 1997;

CONSIDERING that it is the duty of this Trial Chamber, pursuant to Article 20 of the Statute of the International Tribunal, to ensure that this trial proceeds expeditiously;

CONSIDERING FURTHER that this Trial Chamber has the power and the obligation to protect the dignity and integrity of its forum from contempt;

1. ACCEPTS the conclusion in sub-paragraph 7(a) of the Report that there is no evidence of misconduct on the part of Ms. Edina Residovic and Mr. Eugene O’Sullivan, counsel for Zejnil Delalic;

2. REJECTS sub-paragraph 7(b) of the Report on the grounds that the findings in the Report disclose no evidence on which the President could have relied for casting any element of doubt on the uncontradicted and unequivocal denial of the of the accused Zejnil Delalic that he did not grant any interview or disclose any information to Slobodna Hercegovina;

3. ACCEPTS sub-paragraph 7(c) of the Report, which states that the investigation in regard to the writer of the 15 April 1997 publication, Mr. Tahir Pervan, and the editor of Slobodna Hercegovina is inconclusive;

4. FINDS that there is no rational basis for proceeding with any investigation with a view to charging the accused Zejnil Delalic or any of the other participants in the current proceedings for contempt;

5. DECLARES the matter closed;

6. LIFTS the stay on the trial proceedings.

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

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Adolphus Godwin Karibi-Whyte

Presiding Judge.

Dated this second day of June 1997

At The Hague

the Netherlands.

[Seal of the Tribunal]