Case No.:  IT-02-54-T      


Judge Patrick Robinson, Presiding
Judge Richard May
Judge O-Gon Kwon

Mr. Hans Holthuis

Decision of:
11 May 2004







The Office of the Prosecutor

Mr. Geoffrey Nice

Counsel for Milan Martic

Mr. Miroslav Vasic, for Mile Mrksic
Mr. Borivoje Borovic, for Miroslav Radic
Mr. Novak Lukic, for Veselin Sljivancanin

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Timothy L.H. McCormack


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 ("the International Tribunal"),

BEING SEISED of a "Joint Motion of the Defence in Case of Prosecutor v. Mrksic, Radic and Sljivancanin (IT-95-13/1-PT) for Access to Transcripts and Documents", filed on 26 February 2004 ("Motion"), in which the defence teams in Prosecutor v. Mrksic et al. seek access to: (1) public and non-public testimony and exhibits in the case of Prosecutor v. Slobodan Milosevic ("Milosevic case") relating to crimes and events in and around Vukovar from the autumn of 1991 and at the "Ovcara" farm; and (2) supporting material in the Milosevic case relating to the same events;

NOTING that the time permitted to the Prosecution to respond to the Motion has passed and that no response has been filed,

NOTING further that only a limited number of witnesses have been heard in closed session in the Milosevic case and that the edited transcripts of the testimony of these witnesses either have been or are to be released to the public by Order of the Trial Chamber,

NOTING that, pursuant to Rule 66 (A) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), the Prosecution is required to disclose to the defence teams in Prosecutor v. Mrksic et al. all material that accompanied the indictment in Prosecutor v. Mrksic et al on confirmation, together with the statements of all witnesses the Prosecution intends to call at trial; all material pursuant to Rule 68 which tends to suggest the innocence or mitigate the guilt of the accused or which may affect the credibility of Prosecution evidence; and, on request of the defence, to permit inspection pursuant to Rule 66 (B) of all items that are material to the preparation of the defence or are intended for use by the Prosecution as evidence or trial or were obtained from or belonged to, the accused,

CONSIDERING the provisions of Article 21, paragraph 2, of the Statute of the International Tribunal which guarantees the right to a public hearing,

CONSIDERING that the redacted transcripts of the evidence of witnesses given in closed session and any exhibits introduced through those witnesses are or will shortly be available to the defence through the Registry of the International Tribunal,

CONSIDERING that requests for access to other confidential materials produced in the Milosevic case are premature, as much of this material may be subject to mandatory disclosure under Rules 66 and 68 of the Rules,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence

HEREBY ORDERS as follows:

  1. The defence teams in Prosecutor v. Mrksic et al. are directed to liaise with the Registrar of the International Tribunal to establish mutually convenient methods of provision of the transcripts of all open session or redacted closed session testimony and all public exhibits in the part of the case of Prosecutor v. Slobodan Milosevic pertaining to crimes and events in and around Vukovar from the autumn of 1991 and at the "Ovcara" farm; and
  2. The defence teams in Prosecutor v. Mrksic et al. may apply to the Trial Chamber for specific orders in respect of any closed session material which they believe is likely to materially assist their defence and which the Prosecution is not otherwise obliged to disclose.


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

Patrick Robinson

Dated this eleventh day of May 2004
At The Hague
The Netherlands

[Seal of the Tribunal]