Case No.: IT-02-54-T
THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL
Judge Fausto Pocar, President
Mr. Hans Holthuis
14 March 2006
ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE
The Government of The Netherlands
Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Former Court Assigned Counsel in Prosecutor v. Milosevic
Mr. Steven Kay
Ms. Gillian Higgins
I, FAUSTO POCAR, President 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"),
RECALLING the "Order Assigning a Judge to Conduct an Inquiry" issued by me on 11 March 2006, which assigned, with immediate effect, Judge Kevin Parker, Vice President of the International Tribunal, to conduct an inquiry into the circumstances surrounding the death of the accused Slobodan Milosevic on 11 March 2006 while in the custody of the United Nations Detention Unit, pursuant to Rule 33 of the “Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal,"-1- ("Rules of Detention"), and to directly report the findings of that inquiry to me as soon as possible;
CONSIDERING that under Rule 33 of the Rules of Detention, "SiCn the event of the death of a detainee, an inquest will be conducted in accordance with the legal requirements of the Host State” and that such an inquest is presently being conducted into the death of Slobodan Milosevic by the authorities of the Kingdom of the Netherlands (“The Netherlands”) as the Host State of the International Tribunal;
CONSIDERING that under Article 21(2) of the "Agreement Between the United Nations and The Kingdom of the Netherlands Concerning the Headquarters 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"-2- ("Headquarters Agreement"), StChe Tribunal shall cooperate at all times with the competent authorities" of the Host State in order "to facilitate the proper administration of justice […]."
CONSIDERING that there are certain confidential materials that were filed in the Prosecutor v. Milosevic proceedings-3- to which access may be required by the authorities of The Netherlands in completing their inquest into the death of Slobodan Milosevic and by Judge Kevin Parker in completing the internal inquiry, which I ordered;
CONSIDERING that it is in the interests of the International Tribunal and the public that The Netherlands and Judge Kevin Parker have at their disposal all of the relevant documents required for a thorough investigation into the death of Slobodan Milosevic;
CONSIDERING that Trial Chamber III issued its "Order Terminating Proceedings" in the Milosevic case today, 14 March 2006, noting that all protective measures ordered in the Milosevic case shall continue to have effect unless and until they are rescinded or varied by order of a Chamber;
HEREBY ASSIGN, with immediate effect, Trial Chamber I to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the authorities of The Netherlands to assist their inquest into the death of Slobodan Milosevic and to Judge Kevin Parker to assist his internal inquiry into the death of Slobodan Milosevic.
Done in English and French, the English version being authoritative.
Done this 14th day of March 2006,
At The Hague,
Judge Fausto Pocar
[Seal of the International Tribunal]
1. IT/38/Rev. 9, as amended on 21 July 2005.
2. (S/1994/848), 19 July 1994 and "Corrigendum" (S/1994/848/CORR.1), 25 August 1994.
3. Case No. IT-02-54-T.