Case No. IT-04-81-I

BEFORE THE CONFIRMING JUDGE

Before:
Judge Jean-Claude Antonetti

Registrar:
Mr Hans Holthuis

Decision of:
7 March 2005

THE PROSECUTOR

v.

MOMCILO PERISIC

_________________________________________

ORDER TO DISCLOSE INDICTMENT AND WARRANT OF ARREST AGAINST MOMCILO PERISIC

_________________________________________

Office of the Prosecutor:

Mrs Carla Del Ponte
Mr Dermot Groome
Mr Karim Agha
Mr Chester Stamp

 

I, Judge Jean-Claude Antonetti, Judge 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");

HAVING BEEN DESIGNATED as confirming Judge in a confidential Order of the President of the International Tribunal, filed ex parte on 24 January 2005 pursuant to under Rules 28 and 47 of the Rules of Procedure and Evidence of the International Tribunal ("Rules");

NOTING the Decision confirming the First Revised Indictment ("Confirming Decision") and the warrant of arrest ("Warrant of Arrest") against Momcilo Perisic which, as confirming Judge, I filed on 24 February 2005 ordering, inter alia, that the Registrar of the International Tribunal not make public the First Revised Indictment ("Indictment") or the Warrant of Arrest until 12 March 2005;

NOTING the decision rendered by the Trial Chamber ("Chamber") on 2 March 2005, in which the Chamber set out its decision to keep the documents under seal until 12 March 2005 and stated that the confirming Judge would be in a position to make public the Indictment and Warrant of Arrest once Momcilo Perisic had arrived at the United Nations Detention Unit;

CONSIDERING that, following Momcilo Perisicís surrender to the International Tribunal on this day, it is in the interests of justice that the Indictment and Warrant of Arrest be made public;

CONSIDERING, however, that it is in the interests of justice that the Confirming Decision remain under seal;

FOR THE FOREGOING REASONS,

ORDER, pursuant to Rules 52, 53 and 54 of the Rules, that the Indictment and Warrant of Arrest as well as all the documents in the Annex ("Schedules A, B, C, D and E"), except for the Confirming Decision, be disclosed to the public;

ORDER the Registrar to take all the necessary steps to implement this Order, pursuant to the aforementioned Rules;

 

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

_______________
Jean-Claude Antonetti
Judge of the International Tribunal

Dated this seventh day of March 2005
At The Hague
The Netherlands

[Seal of the Tribunal]