Case: IT-95-17-PT


Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie

Mr. Hans Holthuis

Decision of:
20 April 2005



Miroslav BRALO




The Office of the Prosecutor:

Mr. Mark Harmon

Counsel for the Defence:

Mr. Jonathan Cooper


TRIAL CHAMBER I ("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 ("Tribunal");

BEING SEISED of the "Prosecution’s Motion for Order to Grant Defence Access to Further Excerpts of Confidential Testimony" filed on 23 March 2005 to which is attached an annex identifying confidential transcript pages of proceedings in other cases before this Tribunal;

NOTING the Decision on Access to Confidential Testimony and Documents filed on 7 March 2005 in which the Chamber granted access to the Defence to confidential material in other cases before this Tribunal;1

NOTING that the Prosecution submits that, following this Decision and upon the request of the Defence, it has identified further excerpts (identified in the annex to the Motion) which refer expressly or by implication to the accused Miroslav Bralo ("Accused") and which should be communicated to the Defence;

NOTING that the parties are on agreement;

CONSIDERING that the material to be disclosed concern the Accused and that such disclosure would allow the Defence to effectively prepare and is as such in the interests of justice;

PURSUANT TO Rules 54 and 75 of the Rules of Procedure and Evidence,


  1. the Prosecution to provide access to the Defence to the confidential material identified in the annex of the Motion;

  2. the Prosecution to provide the Defence access to the exhibits discussed in the material, should the Defence indicate so;

  3. the Defence to:

  1. not disclose to any third party, the transcripts, names of protected witnesses, the contents of their testimony, or any information which would enable them to be identified and would breach the confidentiality of the protective measures already in place unless absolutely necessary for the preparation of Defence case, and always with leave of the Chamber;

  1. not contact any of the witnesses to which the transcripts relate from without first demonstrating to the Chamber that the witness may materially assist the Defence case in some identified way and that such assistance is not otherwise reasonably available to them. Should the Defence make such application and the Chamber authorize such contact, the Chamber allows the Prosecution – upon request by the witness – to be present during any contact or interview;

  2. if, for the purposes of preparing the Defence case, confidential material is disclosed to third parties - provided that the conditions set out in paragraph (i) above are met - any person to whom disclosure of the confidential material in this case is made shall be informed that he or she is forbidden to copy, reproduce or publicise, in whole or in part, any non-public information or to disclose it to any other person, and further that, if any such person has been provided with such information, he or she must return it to the Defence for Bralo as soon as it is no longer needed for the preparation of the case.

For the purposes of the above paragraphs, third parties exclude: (i) the Defence for Bralo, (ii) persons authorised by the Registrar to assist Counsel in this case, (iii) personnel from the Tribunal, including members of the Office of the Prosecutor.


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

Dated this 20th day of April 2005,
At The Hague,
The Netherlands.

Judge Liu Daqun

[Seal of the Tribunal]

1. The Chamber granted the "Defence Motion for Access to Confidential Testimony and Documents", filed on 18 January 2005, the "Amended (Reduced) Motion for Access to Confidential Testimony and Documents" filed on 20 January 2005 and the "Defence Motion for Access to Excerpts of Confidential Testimony" filed on 1 February 2005.