Order Disposing of Defence Motion Pursuant to Rule 46 & for Disclosure of Document

IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 8 October 1997

PROSECUTOR

v.

ZEJNIL DELALIC

ZDRAVKO MUCIC also known as "PAVO"

HAZIM DELIC

ESAD LANDZO also known as "ZENGA"

_____________________________________________________________

ORDER DISPOSING OF DEFENCE MOTION

PURSUANT TO RULE 46 AND FOR DISCLOSURE OF DOCUMENT

_____________________________________________________________

The Office of the Prosecutor

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo

THIS 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 ("International Tribunal");

BEING SEISED of a "Motion for Warning Pursuant to Rule 46(A) and to Inform Professional Body Pursuant to Rule 46(B) and for Disclosure of Document" filed on 2 September 1997 (Official Record at Registry Page ("RP") D5055 - D5065) ("Motion") by the Defence for all four accused persons;

NOTING the "Prosecutor’s Response to Defence Motion for Warning Pursuant to Rule 46(A) and to Inform Professional Body Pursuant to Rule 46(B) and for Disclosure of Document", filed on 12 September 1997 (RP D5143 - D5149);

CONSIDERING that this is an issue which could be easily and promptly resolved through full and open communication between the parties;

CONSIDERING FURTHER that the issue in the Motion involves serious allegations against a professional colleague which should only be made after the most careful examination of the facts and exploration of all avenues for resolution;

BEING SATISFIED that no meaningful efforts were made to ascertain the correct position of the facts on which the allegations were founded;

BEING FURTHER SATISFIED that no unprofessional or reprehensible act has been committed by the Prosecutor in communicating to the President of the Tribunal on a matter which is of concern to all organs of the Tribunal;

PURSUANT TO RULE 54,

HEREBY DENIES the Motion.

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

__________________________

Adolphus Godwin Karibi-Whyte

Presiding Judge

Dated this eighth day of October 1997

At The Hague,

The Netherlands.

[Seal of the Tribunal]