Case No.: IT-95-14-R


Judge Fausto Pocar, Pre-Review Judge

Mr. Hans Holthuis

Order of:
5 December 2005







Counsel for the Defence:

Mr. Anto Nobilo
Mr. Russell Hayman

The Office of the Prosecutor:

Ms. Carla del Ponte


I, FAUSTO POCAR, Pre-Review Judge of the Bench of the Appeals 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"), assigned to this case,1

NOTING that the Appeals Chamber is seised of the "Request for Review or Reconsideration" filed confidentially by the Prosecution on 29 July 2005 pursuant to Rule 119 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") against the Judgement rendered by the Appeals Chamber on 29 July 2004;

NOTING the "Order of the Presiding Judge Appointing a Pre-Review Judge" of 25 October 2005 ("Order of 25 October 2005"); the "Decision on Request for Extension of Time and Motion to Enlarge Time" of 26 October 2005 ("Decision of 26 October 2005"); and the "Decision on Motion for Extension of Time" of 9 November 2005 ("Decision of 9 November 2005") all issued confidentially by me in my capacity as Presiding and Pre-Review Judge in this case;

CONSIDERING that pursuant to Rule 78 and 107 of the Rules, all proceedings before an Appeals Chamber, including the Appeals Chamberís orders and decisions, shall be public unless there are exceptional reasons for keeping them confidential;2

CONSIDERING that the Prosecution has notified the Appeals Chamber that it does not object to lifting the confidentiality of the fact that there are review proceedings ongoing in this case;

FINDING that there are no exceptional reasons for keeping the Order of 25 October 2005, the Decision of 26 October 2005, and the Decision of 9 November 2005 confidential;

HEREBY INSTRUCTS the Registry of the International Tribunal to lift the confidential status of the Order of 25 October 2005, the Decision of 26 October 2005 and the Decision of 9 November 2005 and ORDERS that forthwith, these documents shall be considered as public filings.


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

Done this 5th day of December 2005,
At The Hague,
The Netherlands.

Judge Fausto Pocar
Pre-Review Judge

[Seal of the Tribunal]

1. See Order of the Presiding Judge Appointing a Pre-Review Judge issued confidentially on 25 October 2005.
2. Prosecutor v. Naletilic and Martinovic, Case No. IT-98-34-A, Decision on Vinko Martinovicís Withdrawal of Confidential Status of Appeal Brief, 4 May 2005, p. 3. See also Rules 75 and 79 of the Rules.