Case No.IT-99-36/R77


Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Mr. Hans Holthuis

Decision of:
8 May 2003





The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Andrew Cayley

Counsel for the Accused:

Mr. John Ackerman


TRIAL CHAMBER II ("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 ("Tribunal"):

NOTING the statement of a witness supposed to give evidence for the Prosecution in this case ("the Witness"), filed on 19 April 2002, alleging that Milka Maglov, at the time co-counsel for Radoslav Brdjanin, intimidated the Witness;

NOTING the "Order Concerning Allegations against Milka Maglov", filed on 15 April 2003, in which this Trial Chamber found that there were sufficient grounds to proceed against Milka Maglov for contempt on the basis of

  1. Rule 77(A)(ii) of the Rules of Procedure and Evidence ("Rules"), regarding the alleged intimidation of a witness, and
  2. Rule 77(A)(iv) of the Rules, regarding the alleged disclosure of the identity of a witness to a member of the public, in violation of an order of the Chamber;

NOTING the "Order Determining Competent Trial Chamber in a Case of Contempt", filed on 24 April 2003, in which the President confirmed that this Chamber is competent under Rule 77(D)(ii) of the Rules to adjudicate the contempt allegedly committed by Milka Maglov;

CONSIDERING that Rule 77(D)(ii) provides that, in the circumstances of this case, this Trial Chamber may issue an order in lieu of an indictment and either direct amicus curiae to prosecute the matter or prosecute the matter itself;

CONSIDERING that the Trial Chamber finds it appropriate to have the case prosecuted by an amicus curiae;

PURSUANT TO Rules 54 and 77(D)(ii) of the Rules;

HEREBY DIRECTS the Registrar to appoint an amicus curiae and ORDERS the amicus curiae to prosecute Milka Maglov for:

  1. the alleged intimidation of the Witness, and
  2. the alleged disclosure of the identity of the Witness to a member of the public, in violation of an order of the Chamber.


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

Dated this eight day of May 2003,
At The Hague
The Netherlands
Carmel Agius
Presiding Judge

[Seal of the Tribunal]