Case No.: IT-02-61-PT


Before: Judge Florence Ndepele Mwachande Mumba

Registrar: Mr. Hans Holthuis

Decision of: 2 September 2002





The Office of the Prosecutor:

Mr. Mark Harmon

Counsel for the Accused

Mr. Slobodan Cvijetic


I, Florence Ndepele Mwachande Mumba, Judge 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"),

HAVING BEEN APPOINTED pre-trial Judge in this case,

NOTING the "Defence Preliminary Motion" ("Motion") filed confidentially on 2 August 2002 by the defence of Miroslav Deronjic ("Defence"),

NOTING the "Prosecution’s Response to Defence Preliminary Motion" ("Response") also filed confidentially by the Office of the Prosecutor on 16 August 2002,

NOTING the "Order on Filing Motions" dated 24 July 2002 ("Order on Filings") which provides, inter alia, that "no written motion may be filed on a ‘confidential’ basis unless the Pre-Trial Judge or another Judge of the Trial Chamber grants leave for it to be so filed" and that, "[a]pplications for leave must be made in writing, stating the basis of the application",

CONSIDERING that no application for leave to file on a "confidential" basis was made by the Defence, prior to the filing of the Motion,

CONSIDERING FURTHER that the Motion does not provide an explanation for the "confidential" filing,

PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal and in order to regulate the filing of and responses to written motions in this case,

HEREBY ORDERS that the "confidentiality" of the Motion and the Response is lifted and REMINDS the parties of the provisions of the Order on Filings for all future filings of and responses to written motions in this case.


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

Dated this second day of September 2002,
At The Hague,
The Netherlands

Florence Ndepele Mwachande Mumba
Pre-trial Judge

[Seal of the Tribunal]