The Prosecutor v. Blagoje Simic, Milan Simic, Miroslav Tadic, Stevan Todorovic and Simo Zaric - Case No. IT-95-9-R77

"Order for limited Access to Registry Files"

1 November 1999
Trial Chamber III (Judges Robinson [Presiding], Hunt and Bennouna)

Articles 11(C) and 30 of the Statute - access to registry files; inviolability of archives of the United Nations; non-disclosure of information.

Since no issue has been taken concerning the general application of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 to proceedings of the International Tribunal, the principle of the inviolability of the archives of the United Nations enshrined in that Convention is directed primarily at national authorities and other bodies external to the United Nations. However, the principle is not applicable to the International Tribunal in respect of information and material in the possession of the Registry relevant to the discharge by the Tribunal of its fundamental purpose of prosecuting persons for the most serious violations of international humanitarian law without prejudice to the non-disclosure of information or material confidential in accordance with the general principles of international law.

The Issue

The issue is one of access to the Registry files, in particular the billing record of a counsel charged with contempt; so far as those files relate to the events forming the basis for the allegations of contempt.

The Decision

The Trial Chamber decided that the Registry's files are not covered by any privileges or immunities vis-à-vis the Tribunal and that access to the files should be made available to the Trial Chamber through a Senior Legal Officer designated by the Trial Chamber and acting on its behalf. The Senior Legal Officer will review the billing records and prepare a confidential report for the Trial Chamber in which is stated whether those records appear to relate to the events forming the basis of the allegations of contempt against the counsel and his client. Copies of the report will be provided to counsel and his clients.

The Reasoning

The Prosecutor sought a direction to the Registry to provide the Trial Chamber with copies of the billing records of counsel. It was argued that those documents, which are regarded as part of the Registry's files, might relate to the events forming the basis of the allegations of contempt against counsel and his client. Both counsel and his client agreed to a limited disclosure of the records to the Trial Chamber. The Registry nevertheless asserted that its archives were inviolable and that both its personnel and the information held by the latter enjoyed immunities which could only be waived in special circumstances.

The Trial Chamber made it clear that the Tribunal's fundamental responsibility was to prosecute persons for the most serious violations of international humanitarian law and that, by servicing the Chambers, the Registry was to assist in the discharge of that function. The Trial Chamber also rejected the argument based on the alleged privileges and immunities of the archives of the United Nations1. With regard to the present case, the servicing involves, inter alia, submission to the Chambers of information and material relevant to the Chambers' work. It is the Trial Chamber's view that the lack of access to information or material in the possession of the Registry would frustrate the International Tribunal in the discharge of its fundamental purpose.

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1.The principle of the inviolability of the archives of the United Nations is directed primarily at national authorities and other bodies external to the United Nations and is not applicable to the International Tribunal in respect of information and material in the possession of the Registry relevant to the discharge of its fundamental purpose.