Case: IT-96-21-R-R119


Judge Mohamed Shahabuddeen, Presiding
Judge David Hunt
Judge Fausto Pocar
Judge Asoka de Zoysa Gunawardana
Judge Theodor Meron

Mr Hans Holthuis

Order of:
26 February 2002








Counsel for the Prosecution:

Mr Norman Farrell

Counsel for the Defence:

Mr Salih Karabdic and Mr. Thomas Moran, for Hazim Delic


I, Judge Hunt, Pre-Review Judge in this case,

NOTING "Hazim Delicís Motion for the Review of Proceedings" ("Delicís Motion"), filed confidentially on 15 January 2002;

NOTING the request by the Appeals Chamber for further information sent confidentially to the Prosecution on 1 February 2002 and filed on the same date;

NOTING the "Prosecutionís Response to the Appeals Chamberís Request for Further Information" ("the Prosecutionís Response"), filed confidentially on 15 February 2002;

NOTING the oral request of Counsel for Delic made during the Status Conference on 19 February that he be allowed to reply to the Prosecutionís Response;

NOTING that the parties have agreed that the victims and witnesses to which reference is made in the statements attached to Delicís Motion should remain confidential1, and that they filed their respective motion and responses on a confidential basis;

CONSIDERING HOWEVER that the Appeals Chamber is not bound by such arrangement and that, taking into account the need to protect victims and witnesses who may be in danger or at risk, proceedings before the International Tribunal should nevertheless be as public as possible;

CONSIDERING FURTHER that the concerns of the Prosecution for the safety of victims and witnesses can be met in this case without the proceedings being confidential;


  1. The parties shall redact from the two statements attached to Delicís Motion the names and identifying features of victims and witnesses either for whom protective measures have been granted or in relation to whom both parties agreed that they should be so protected2, and the parties shall file redacted versions of their motion and responses with confidential annexes.
  2. Counsel for Delic shall file his non-confidential Reply to the Prosecutionís Response no later than 1 March 2002.


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

Judge David Hunt
Pre-Review Judge

Done this 26th day of February 2002,
At The Hague,
The Netherlands.

[Seal of the Tribunal]

1 - See Joint Application for an Order Preventing Disclosure to the Public or Media of Discovery Material, 18 November 1996 and Order for Non-Disclosure to the Public or Media of names of Potential Witnesses, 29 November 1996.
2 - Ibid.