I, MOHAMED BENNOUNA, 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 ("the International Tribunal"),

HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an Order of the Trial Chamber dated 3 February 2000,

BEING SEISED of a confidential ex parte "Prosecutor’s Application to Release Non-Public Material in the Kupreskic and Others Case to Defence Counsel in the Case of Prosecutor v. Kolundzija and Others" filed on 7 September 2000 seeking permission to disclose to the Defence the transcript of closed session testimony of a witness known as Witness N given in the case of Prosecutor v. Kupreskic and Others ("the transcript") on 21 – 22 September 1998 ("the Application"),

NOTING that Rule 75 (D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") requires that "once protective measures have been issued in respect of a victim or witness, only the Chamber granting such measures may…authorise the release of protected material to another Chamber for use in other proceedings" and that if, at the time of the Application, that Chamber is no longer constituted by the same Judges, then the President of the International Tribunal may authorise such release,

NOTING the Order of the President of the International Tribunal issued on 26 October 2000 authorising this Trial Chamber to release the transcript to the Defence subject to the same protective measures as were applied in the case of Prosecutor v. Kupreskic and Others,

CONSIDERING that the protective measures contained in the "Order for Protective Measures" issued by the Trial Chamber on 19 October 1999, as extended to all accused by an "Order on Motions Concerning Measures for the Protection of Victims and Witnesses" issued by the Trial Chamber on 10 March 2000 and an Order issued by me as pre-trial Judge on 2 August 2000, continue in full force and effect and apply to the release of the transcript,

PURSUANT to Rule 75 of the Rules,

HEREBY GRANT THE APPLICATION, ORDER as follows:

1. all protective measures ordered by the Trial Chamber before which Witness N was heard in Prosecutor v. Kupreskic and Others shall continue in full force and effect;

2. the protections granted by the Orders of 19 October 1999, 10 March 2000 and 2 August 2000 apply to the transcript and continue in full force and effect;

AND HEREBY INSTRUCT the Registry of the International Tribunal immediately to provide to the Defence the transcript of the testimony of Witness N given in Prosecutor v. Kupreskic and Others.

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

___________________________________
Mohamed Bennouna
Presiding

Dated this thirteenth day of November 2000
At The Hague
The Netherlands

[Seal of the Tribunal]