Case No.: IT-02-54-T
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
4 December 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
ORDER ON PROSECUTION’S THIRD MOTION FOR VARIANCE OF PRIOR ORDERS OF NON-DISCLOSURE
The Office of the Prosecutor
Ms. Carla Del Ponte Ms. Hildegard Uertz-Retzlaff
Mr. Geoffrey Nice Mr. Dermot Groome
The Accused
Mr. Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
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 confidential and partly ex parte "Prosecution’s Third Motion for Variance of Prior Orders of Non-Disclosure" filed on 2 December 2003 ("Motion"), seeking, in respect of specific Rule 68 materials ("materials") provided to the Prosecution pursuant to Rule 70 by an information provider (and described in confidential and ex parte Annex A to the Motion), that the Trial Chamber order the Accused, his associates and the amici curiae, to comply with two restrictions on use of the Rule 68 material:
NOTING the prior Orders of the Trial Chamber concerning non-disclosure of Rule 66 materials1 and Rule 68 Materials2,
CONSIDERING the Appeals Chamber has held that where it can be established that information is provided to the Prosecution on a confidential basis under Rule 70, then it is protected by paragraphs (C) and (D) of that Rule,3 and the information provider may impose conditions upon the use of that information,
CONSIDERING that the content of the materials set out in an ex parte Annex to the Motion indicate that the information is important Rule 68 material and that the orders sought would allow the information to be provided to the Accused,
PURSUANT TO Rules 54, 68 and 70 of the Rules of Procedure and Evidence,
HEREBY GRANTS THE MOTION and ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
___________
Richard May
Presiding
Dated this fourth day of December 2003
At The Hague
The Netherlands
[Seal of the Tribunal]