Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mr. Hans Holthuis

Order of:
27 February 2001







The Office of the Prosecutor:

Mr. Dirk Ryneveld
Mr. Daryl Mundis
Ms. Julia Baly

Counsel for the Accused:

Mr. Veselin Londrovic, for Dusko Sikirica
Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucicevic, for Dragan Kolundzija


THIS 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 ("International Tribunal"),

BEING SEISED of a confidential ex parte "Prosecutor’s Application to Release Non-Public Material to Defence Counsel" filed on 11 January 2001 pursuant to Rules 66 and 68 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), seeking permission to disclose transcripts of closed session testimony given in the case of Prosecutor v. Kvocka and Others to Defence Counsel for the accused Dusko Sikirica, Damir Dosen, and Dragan Kolundžija ("Application"),

NOTING that the Application seeks permission specifically to disclose the transcripts and audio or video tapes of the following closed (or private) session testimony in Prosecutor v. Kvocka and Others of witnesses who are also expected testify in these proceedings ("Protected Materials"):

1. Witness Y’s testimony given on 5-6 July 2000, at transcript page ("T") 3588-3684;

2. Witness N’s testimony given on 10-11 July 2000, at T. 3886-3923;

3. Witness AE’s testimony given on 29 August 2000, at T. 4258-4327;

4. Witness U’s testimony given on 3-4 October 2000, at T. 6189-6255;

5. Witness Husein Ganic’s testimony given on 26 September 2000, at T. 5764-5765;

6. Witness Vasif Gutic’s testimony given on 6 October 2000, at T. 6572; and

7. Witness Abdulah Brkic’s testimony given on 30 and 31 August 2000, at T. 4468-4470

and 4520-4521,

NOTING the request of this Chamber on 18 January 2001 to Trial Chamber I in Prosecutor v. Kvocka and Others for the release of the Protected Materials in these proceedings,

NOTING that pursuant to Rule 75 (D) of the Rules, Trial Chamber I granted the request of 18 January 2001 by a confidential order of 14 February 2001,

NOTING that Trial Chamber I ordered that "the Protected Materials be released for use in the Case of Sikirica and Others, subject to Trial Chamber III taking protective measures in regard to the Defence which guarantee to the witnesses the same level of protection as they enjoyed previously",

HEREBY GRANTS the Application and ORDERS as follows:

(1) the protective measures indicated by Trial Chamber I in its order of 14 March 2000 in respect of witness N shall continue in full force and effect;

(2) the protective measures indicated by Trial Chamber I to witnesses Y, AE, and U through its oral order of 3 May 2000 shall continue in full force and effect; and

(3) the protection granted by this Trial Chamber in operative paragraphs (2)-(7) of its Order for Protective Measures issued 19 October 1999 applies to the Protected Materials and their use in these proceedings and continues in full force and effect,

AND ORDERS the immediate disclosure of the Protected Materials to the Defence in these proceedings.


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

Richard May

Dated this twenty-seventh day of February 2001
At The Hague
The Netherlands

[Seal of the Tribunal]